[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[Issue]
[Pages 21655-21994]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 21655]]
VOLUME 154--PART 16
SENATE--Thursday, September 25, 2008
(Legislative day of Wednesday, September 17, 2008)
The Senate met at 9:30 a.m., on the expiration of the recess, and was
called to order by the Honorable Mark L. Pryor, a Senator from the
State of Arkansas.
______
prayer
The PRESIDING OFFICER. Today's prayer will be offered by CDR Maurice
Kaprow, Command Chaplain, Center for Information Dominance, Pensacola,
FL.
The guest Chaplain offered the following prayer:
Eternal and loving God, this morning, in this august Chamber of the
Senate, we ask humbly for Your guidance and grace. As these men and
women, duly empowered by their constituents, meet to deliberate the
important issues facing our Nation and our world, we turn to You to
help them complete their work. Grant them wisdom to fully understand
the issues before them; grant them insight to truly know the
implications of their actions; grant them confidence to feel that what
they are doing is right; and grant them the courage to make those
difficult decisions. Be with them today and every day as they fully
ponder the affairs of state.
While we are here in the comfort and safety of this magnificent and
historic Capitol Building, our thoughts turn to those brave Americans--
young men and women from every part of our country--who volunteer to
serve in our Armed Forces. They are soldiers, marines, sailors, airmen,
and coastguardsmen. Many of these brave souls are deployed far from
home, in harm's way, as they do their part in maintaining freedom and
our American way of life. Keep them safe and secure until they return
to these shores ensconced into the waiting arms of their families and
loved ones.
In Your Holy Name, I pray. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Mark L. Pryor led the Pledge of Allegiance, as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE
The PRESIDING OFFICER. The clerk will please read a communication to
the Senate from the President pro tempore (Mr. Byrd).
The legislative clerk read the following letter:
U.S. Senate,
President pro tempore,
Washington, DC, September 25, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Mark L. Pryor, a Senator from the State of Arkansas, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mr. PRYOR thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
SCHEDULE
Mr. REID. Mr. President, following the remarks of the leaders, if
there be any, the Senate will be in a period of morning business, with
Senators permitted to speak for up to 10 minutes each. We will be in
morning business until we receive the consolidated appropriations bill
from the House. When we receive the message from the House of
Representatives, we will turn to its consideration.
Meanwhile, we will continue to work with the minority on an agreement
to consider the national defense authorization legislation. If we are
able to reach an agreement on DOD authorization, we could turn to its
consideration immediately.
For the information of all Members, we will have shortly, as I have
indicated, the continuing resolution. It passed the House
overwhelmingly yesterday, some 370 or 380 votes. We will receive that
legislation and we will file cloture on it today for a Saturday cloture
vote. Of course, with consent, we can do about anything around here. We
can move the vote up and do it today or tomorrow. It is up to the
membership. So that is one possibility.
We have the financial crisis situation. Significant progress has been
made. At 10 o'clock, there is a meeting that will take place with the
staffs of Democrats and Republicans. They have already started writing
a proposed piece of legislation. As I have indicated, significant
progress has been made. Hopefully, we can work something out on that
legislation in the near future.
There are a number of other issues we are trying to move forward.
There is some excellent legislation we have received from the House
dealing with Amtrak and train safety. We hope we can work out a way to
do that legislation.
Anyway, we will keep Senators closely advised. At this stage, it
seems very clear, unless something happens, we will have to be in
session on Saturday for a Saturday cloture vote.
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order, the
leadership time is reserved.
____________________
MORNING BUSINESS
The ACTING PRESIDENT pro tempore. Under the previous order, there
will now be a period for the transaction of morning business, with
Senators permitted to speak for up to 10 minutes each.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
[[Page 21656]]
The legislative clerk proceeded to call the roll.
Mr. INHOFE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. INHOFE. I ask unanimous consent to be recognized for up to 10
minutes as in morning business.
The Acting PRESIDENT pro tempore. Without objection, it is so
ordered.
____________________
HONORING OUR ARMED FORCES
Mr. INHOFE. Mr. President, I rise today to pay tribute to three of
Oklahoma's finest heroes.
SGT Daniel Eshbaugh, of Norman, OK.
CWO Brady Rudolf, of Oklahoma City, OK.
And CPL Michael Thompson, of Harrah, OK.
They were among the soldiers who were killed on September 17, 2008 in
Tallil, Iraq, when their CH-47 Chinook helicopter crashed while en
route from Kuwait to Balad Air Base north of Baghdad.
SGT Eshbaugh, CWO Rudolf and CPL Thompson were members of Detachment
1, Company B, 2nd Battalion, 149th Aviation, from Lexington, OK.
The unit, which is made up of approximately 200 Texas and Oklahoma
Guard members, was mobilized in June and left for duty in Iraq in late
August.
All three were on their second tour in Iraq.
SGT DANIEL ESHBAUGH
SGT Dan Eshbaugh served as a flight engineer in the 149th.
He enlisted in the Air Force in 1982 and served for 10 years.
Dan joined the Oklahoma Army National Guard in 1998 and served until
2000.
In 2002, he reenlisted in the Oklahoma Army National Guard and was
mobilized in 2008.
Dan's first deployment was in 2003 in support of Operation Iraqi
Freedom, spending 4 months in theater.
Dan leaves behind his wife Rachel and their two sons, Bryan and
Jordan.
He is also survived by his two daughters, Jessica and Ashley, and his
mother, Bernadine.
Yesterday I talked with Dan's wife Rachel and she talked about Dan's
love for the Army, that it was his ``whole life''.
In addition to his deep love and commitment to our country, he also
loved to hunt and loved sports.
I read through some of the comments written on Dan's on-line guest
books.
Many people wrote about Dan's sense of humor, his ability to tell
good stories, and his love for his family.
It was obvious that Dan enjoyed spending time with his entire family
together, at reunions, over meals, and watching sports.
I want to share excerpts from a few.
Danny . . . My Big Brother . . . Thank you for trying to
make peace in this insane world, so that our children can
have a safe place to someday raise their children. Ian and
Arden will always remember their Uncle Danny. I find comfort
in knowing that your spirit is together with Grandpa and Dad.
I know they have embraced you. The strength of three
generations of Eshbaugh's looking over us will be the
strength that we all hold in our hearts. I will love you
forever . . . your little sister Kimberlee.''
There are so many memories I have to cherish of my cousin
``Danny''. He was so much fun to see when our families would
get together on visits to Grandma and Grampa's house when we
were young. . . . I will cherish these and all the memories
that I have. I am so proud to be your cousin.
We are proud of Dan's dedication and loyalty to protecting
this country. God grant us the wisdom to be worthy of his
ultimate sacrifice. Dan, may you, my brother Dan and my Dad
find your ``mansion'' up there overlooking a fully stocked
lake in that happy hunting ground.''
And from Dan's friends and the soldiers he served with the
entire family, nieces, nephews, and cousins, they all said
that Dan, or ``Danny'' as his family called him, was an
inspiration for all to follow and had a positive impact on
all who met him.
Chief Warrant Officer Brady Rudolf
CWO Brady Rudolf served as a CH-47 ``Chinook'' pilot in the 149th and
had been in the National Guard for over 20 years.
Brady was also a pharmacist when not on duty.
In 2003, he deployed to Iraq in support of Operation Iraqi Freedom
and spent 4 months in theater.
Brady is survived by his wife of 13 years, Jennifer, and their three
sons Braden, Ty, and Nate.
Brady is also survived by his mother Nathalia and brother Dustin.
Last night, I spoke to Jennifer, Brady's wife, and we talked about
Brady's love of flying, something, as a pilot myself, I can fully
understand.
Jennifer also talked about his strong faith and commitment to Jesus.
Dustin Rudolf, Brady's brother, said Brady was a dedicated father,
husband and soldier who comes from a long line of servicemen in the
Rudolf family.
``He was a great father, a great husband and just an all-around great
human being. The sacrifice he gave for our freedom and what we live for
here in America is an awesome thing and he knew it and he lived it.''
Dustin also said that his brother was voted class clown by his
graduating class.
``He was a jokester but he could be serious too when it mattered,''
Dustin said.
``He was a conscientious pilot who liked to take care of people. He
would give the shirt off his back for anyone.''
The following is from Brady's online journal:
One of his co-workers from the pharmacy wrote,
I worked with Brady for several years at the Pharmacy in
Newscastle. Of the many things I could say about him, these
seem the most important: He spoke with deep adoration and
love for his family and his faith in the Lord. He was always
proud of the smallest accomplishments and milestones his boys
achieved. . . . Thank you for allowing me to share in a small
part of his life. Because of Brady's love and faith in the
Lord, I was able to find my way back to my faith. Thank you,
Brady, for your service to our beloved country.
From a fellow classmate in pharmacy school:
We were in pharmacy school with Brady. He was an excellent
man of values and had a great love for his family. Brady was
an encouragement to be around.
And finally a friend wrote:
I remember Brady as a blonde-headed, bright eyed, fun-
loving All-American boy. His smile would light the room. It
is apparent that he grew up to be a man of such good
character-an All-American Hero! . . . May Brady's legacy of
service to others be carried on by each of us. Your family is
in my thoughts and prayers.
CPL MICHAEL THOMPSON
CPL Michael Thompson served as a door gunner in the 149th.
Michael graduated Kingston High School in 2003 and then enlisted in
the Army in 2004.
He left active-duty service and joined the Oklahoma Army National
Guard in 2007.
Michael previously deployed to Iraq in 2005 and spent 11 months in
theater.
Michael is survived by his father Kory Thompson of Harrah, OK, his
mother Angela Perry, his stepfather Richard Perry, and sister Jami.
Michael also leaves behind his fiancee, KC Colvin.
When I talked with Michael's mom Angela last night, she spoke about
how her son's love for people and how he was loved by everyone.
He never met a stranger he did not like and who did not like him;
even the mailman loved Mikey, Mikey was the name he is affectionately
known by his many friends and family.
Mikey was full of personality and he loved to hunt and fish.
Family members said that he volunteered to go to Iraq because the
Army needed a qualified open-door machine gunner.
``He was qualified for machine guns from his active duty in the
military before this,'' said Richard Perry, Michael's stepfather. ``He
volunteered to go to help out.''
CPT Travis Ward, an Oklahoma Guard helicopter pilot, said Michael
transferred into the Oklahoma Army National Guard at the first of the
year after serving in the infantry.
``He made two drill weekends with us and on the second one, he heard
the rumor that the deploying units were looking for people to be door
gunners.
``As soon as he heard that, Michael came straight to me and asked if
he could volunteer. The very next weekend, he started with that unit.
He was
[[Page 21657]]
a very excited young man and extremely enthusiastic.''
Here are some comments from Michael's online journal:
Job well done soldier! You were a true Patriot and warrior
keeping America strong . . . You are in Post everlasting now.
You will NEVER be forgotten. To the family I can only say
your son/husband/friend will forever be a hero. I salute you
. . .
John 15:13 says, ``Greater love hath no man than this--that
a man lay down his life for his friends.'' I feel so blessed
to have known Michael and even more so that he died
protecting our way of life as we know it. You will be missed
by all who knew you.
Mikey never met a stranger. His personality and love for
life was contagious! You will be greatly missed, and I feel
lucky to have met such a loved and loving person.
I am incredibly proud of these three men, who gave themselves fully
to their families and their commitment to protecting our country.
They loved being soldiers and made the ultimate sacrifice for our
freedom.
Dan, Brady and Mikey were men of strong character, full of
personality and sense of humor, and courage in the face of war.
I want to salute each of you. You are our heroes. You are all
incredible men, patriots, fathers, husbands, sons, grandsons, uncles,
and friends. You are what this country is all about, we will never
forget you.
This country will never be able to adequately repay you, or your
families, for your service and the sacrifice you have made to this
nation.
I am honored to pay tribute to you today and know that our thoughts
and prayers are with you and your families.
And to the loved ones, it is my understanding that all three of these
heroes knew Jesus and knew the Lord well. I would say to you this: this
is a wink of time that we are here. This is not goodbye to Dan, Brady,
Mikey; it is: We will see you later.
The ACTING PRESIDENT pro tempore. The Senator from Texas is
recognized.
____________________
DC GUN RIGHTS
Mrs. HUTCHISON. Mr. President, I rise to talk about a very important
issue, and that is gun rights, the second amendment gun rights for our
country.
As we are dealing with the financial stabilization program which is
being negotiated, the continuing resolution, which will come over from
the House shortly, we do have time to talk about some of the other
issues that are so important for our country.
I think the second amendment rights of people who live in the
District of Columbia are very important. There was a Supreme Court
case, a landmark ruling, that was made by the Supreme Court of the
United States a couple months ago that said: The District of Columbia
gun ban was unconstitutional.
Many of us in Congress helped with an amicus brief, a brief to the
Court signed by a majority of the Members of the House and the Senate,
that asked that the Court overturn this DC gun ban because it was the
most restrictive outright gun ban in all of America, and it clearly
violated the rights of the people of the District of Columbia.
The Court agreed. Now many of us who were hoping to pursue this right
for the people of the District of Columbia, which is under the auspices
of Congress, waited to see what the District City Council would do. We
hoped they would do the right thing and adhere to the Supreme Court
ruling, which affirmed that their ban on the ownership of handguns was
unconstitutional.
The District then came out with an almost incomprehensible ordinance
that does continue to make it very difficult for someone to exercise
their constitutional right to own a gun.
The District allows registration of pistols for use in self-defense
within the applicant's home. So it does not allow the ownership of a
handgun in a person's business, to have self-defense in their business,
but it does allow it in the home.
But then the ordinance goes on to say that it is a policy of the
District of Columbia that firearms should be stored unloaded and either
disassembled or locked, which is the complete opposite result of the
original ruling.
I do not think anyone in America would consider an unlocked, unloaded
gun to be potentially used for self-defense if someone is entering
their home illegally.
The firearm registration requirements are onerous. As a condition for
registration, the District requires applicants to pay separate,
unlimited fees for filing their registration, applicants have their
mandatory fingerprints processed, and have their handguns run through a
ballistic imaging process.
What we are trying to do now is say you would have the ability to own
a handgun for your personal use in your home for self-defense for you
and your family. We also want to authorize DC residents to buy handguns
from licensed dealers in Maryland or Virginia because, of course, there
is only one gun dealer in the District of Columbia because there has
been such a shortage of guns that a gun owner would sell because you
could not have one.
Because there is a current Federal law against interstate handgun
sales, only Congress can authorize this. So the only way a person will
have the ability to buy from a licensed dealer--and a licensed dealer
must pass a record check by the National Instant Criminal Background
Check System; all of that would be enforced, but we do need to have the
ability for someone to have a reasonable place to go if they are going
to buy a gun to protect themselves and their family.
The bottom line is, as soon as we have representation on the floor by
both parties, I intend to ask unanimous consent that we proceed to
consideration of the bill. Now, the bill is H.R. 6842. It passed the
House overwhelmingly last week. We want to take up that bill. In fact,
I have a letter to Senator Reid signed by 47 Members of the Senate, and
I am asking that be submitted for the Record.
Mr. President, I ask unanimous consent that the letter be printed in
the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
U.S. Senate,
Washington, DC, September 19, 2008.
Hon. Harry Reid,
Majority Leader, U.S Senate,
Washington, DC.
Dear Leader Reid: On June 26, 2008. the Supreme Court
issued a landmark ruling affirming the Second Amendment right
to bear arms as an individual and constitutionally protected
right. In District of Columbia v. Heller. the court affirmed
that the District of Columbia's ban on ownership of handguns
was an unconstitutional restriction on that right. The
majority held ``that the District's ban on handgun possession
in the home violates the Second Amendment, as does its
prohibition against rendering any lawful firearm in the home
operable for the purpose of immediate self-defense.''
For more than thirty years. the District of Columbia has
subjected residents to the most prohibitive gun control laws
of any city in the nation, requiring rifles and shotguns to
he registered, stored unloaded, and either locked or
disassembled. Despite the Court's ruling in June, the
District of Columbia city council has continued to exact
onerous and unconstitutional firearm regulations on law-
abiding residents.
This week, the House of Representatives passed H.R. 6842,
the National Capital Security and Safety Act. This bipartisan
bill was overwhelmingly approved with a vote 266-152. We ask
you to ensure that D.C. residents do not have to wait any
longer to realize their constitutional rights by allowing the
full Senate to consider H.R. 6842 before the 110th Congress
concludes.
Sincerely,
Kay Bailey Hutchison; Jon Tester; Saxby Chambliss; Judd
Gregg; Richard Burr, John Ensign; Johnny Isakson; John
E. Sununu; John McCain; Lisa Murkowski; Jim DeMint; --
----; Kit Bond; John Cornyn; Mike Enzi; Ted Stevens;
Orrin Hatch; Chuck Grassley; Max Baucus; Larry E.
Craig; Mel Martinez; Thad Cochran; Roger Wicker; Sam
Brownback; Lindsey Graham; Pat Roberts; John Thune;
Richard Shelby; Mike Crapo; David Vitter; John
Barrasso; Elizabeth Dole; George V. Voinovich; Pete V.
Domenici; Jim Inhofe; Wayne Allard; Norm Coleman; E.
Benjamin Nelson; Tim Johnson; Bob Corker; Lamar
Alexander; Jon Kyl; Gordon H. Smith; Olympia Snowe;
Susan M. Collins; Mary Landrieu, Mitch McConnell.
Mrs. HUTCHISON. Forty-seven of our Members have asked the majority
leader to allow this bill to be taken up so we can pass it and send it
to the President and assure that the people of the
[[Page 21658]]
District of Columbia have the same second amendment right that is
allowed to every other person in our country. So I would ask whether
the Chair is able to speak for the majority or if you prefer I wait for
another person to come to the floor. I can do that or I can do it now.
I will withhold. I ask unanimous consent that as soon as the leader
is finished, I be recognized again to make my motion.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The Republican leader is recognized.
Mr. McCONNELL. Mr. President, I thank the Senator from Texas.
____________________
HONORING OUR ARMED FORCES
Captain Eric D. Terhune
Mr. McCONNELL. Mr. President, I rise to pay tribute to one of our
bravest warriors who gave his life to defend us. U.S. Marine Corps CPT
Eric D. Terhune of Lexington, KY, was conducting a security patrol in
the Farah Province of Afghanistan on June 19, 2008, when he was killed
by enemy small-arms fire. He was 34 years old.
For his heroism in service, Captain Terhune received several awards,
medals and decorations, including the Strike/Flight Air Medal, the
Marine Corps Good Conduct Medal, two National Defense Service Medals
and the Armed Forces Service Medal.
Those who knew Captain Terhune would describe him as a man committed
to serving his country and proud to wear the uniform. In fact, as his
uncle, David Terhune, puts it, since Eric was born in a Naval hospital
in Quantico, VA, where his father was on active duty, ``Eric was born a
Marine.''
Eric was also committed to his faith. When family members expressed
worry about his dangerous job, he told them, ``If I live, it's
wonderful. But if I die, it's absent from the body and present with the
Lord.''
Eric was raised in Lexington, attended Tates Creek Presbyteria Church
and studied at Wheaton Academy in Wheaton, IL. As a kid he was active
in everything from Cub Scouting and Boy Scouting to soccer and Little
League baseball.
Eric was also a competitive swimmer who loved to hunt and scuba dive.
As a marine, he would dive to collect shells and sharks' teeth in the
many places the Corps sent him.
Once on a sail boat trip with his family, when it was Eric's turn to
do the dishes after dinner, he came up with a creative cleaning
method--he threw them in the ocean, put on his scuba gear, and
retrieved the dishes from the water.
Upon high school graduation, Eric enlisted in the same branch his
father and grandfather had once served in, the Marine Corps. After 4
years as a noncommissioned officer and a reconnaissance sharpshooter,
Eric dreamt of becoming a Naval aviator like his dad.
This required a college degree. So with some encouragement from his
grandparents, Daniel and Joy Terhune, he used his GI bill benefits to
enroll at Morehead State University.
At Morehead, Eric made the honor roll and competed on the varsity
rifle team. ``There [was] no doubt . . . when Eric turned in his
targets from a rifle match, who pulled the trigger,'' his uncle David
says. ``He was an expert sharpshooter.''
Upon graduation, Eric received his commission as a second lieutenant
in the Marine Corps. He then spent a year at Naval Air Station
Pensacola and earned his coveted wings of gold.
Eric flew the CH-53 Sea Stallion helicopter during his first tour in
Iraq. His friends in the Corps nicknamed him ``D-Ring,'' after the D-
ring located overhead in the helicopters he flew to be pulled in case
of emergency.
His fellow marines spoke highly of Eric. His commanding officer, LTC
Richard D. Hall, says,
``D-Ring,'' as we all affectionately called him, and [as]
was his aviator's call-sign, was a Marine that everyone
liked; and I mean everybody. He had a gracious and kind
personality that was truly infectious; so much so, that I too
became infected by his wonderful persona.
MAJ Darby Wiler was Eric's staff platoon commander at The Basic
School, where newly commissioned marine officers are sent for weapons,
tactical, and leadership training. Major Wiler says, ``Eric's work
ethic was unparalleled amongst his peers.
``Even in the midst of the most unpleasant circumstances that The
Basic School had to offer, he was always upbeat, motivated, and ready
to go,'' the major adds.
Eric volunteered for a second tour of Iraq, which he completed last
November. When his ship, the U.S.S. Denver, arrived in Pearl Harbor, he
was allowed to give one family member the honor of joining him and his
crew for the final leg of the voyage home to San Diego. Eric chose his
grandfather.
``That trip halfway across the Pacific Ocean together, eating
together in the ward room, watching ships operations from the bridge,
showing his grandfather how to shoot an M-16, how to shoot a .50
Caliber machine gun . . . this was the greatest of bonding experiences
for both of them,'' says Eric's uncle David.
``Eric has told me many times what a blast it was to share those days
with Dad. For Dad, it was an indescribable joy to see his grandson
performing as a Marine and standing tall as a Christian officer.''
After his two tours in Iraq, Eric expected to return to training to
requalify as a helicopter pilot. But then he learned the Marine Corps
was short of forward air controllers--an important position,
responsible for directing other aircraft in close air support and
requiring substantial experience.
``He had a lot of conversations with his dad--`What do you think
about this Afghanistan thing?' '' David recalls. ``His dad laid out the
pros and cons, and Eric said, `Look, if you're in the Marine Corps, you
don't duck the fight.'
Eric volunteered and was deployed to Afghanistan in April of this
year with the 2nd Battalion, 7th Marine Regiment, 1st Marine Division,
I Marine Expeditionary Force, based out of Twentynine Palms, CA.
``We have heard numerous reports of him volunteering to take the
place of some of his friends who had a wife and children,'' David says.
Eric brought the same work ethic he carried with him throughout his
career to Afghanistan. CPT Carlos R. Cuevas who served alongside Eric
in Afghanistan, remembers when he first met Eric.
``I believe the first thing he asked me was, `Hey, Captain Cuevas,
can you tell me where the armory is and who I need to talk to get my
weapon?' '' the captain remembers. ``As a fellow captain and Marine . .
. I can tell you his professionalism and enthusiasm for his job was
readily apparent,'' the captain says.
``He loved being a pilot, a Marine, and most of all serving alongside
his fellow Marines.''
Eric couldn't write or call his family often from Afghanistan, but
they were always happy when he did. On June 16 he sent what would be
his final e-mail.
``He wrote and addressed each of his cousins by name, encouraging
them, affirming them, giving advice to them,'' says David. ``And [he]
expressed his longing to join us at our next family gathering.''
Three days after that e-mail, Mr. President, Eric was killed. And
although nothing we say here today can alleviate the pain of his
family, I know my colleagues join me in expressing our deepest
sympathies to them for their tragic loss.
We are thinking of Eric's father and stepmother Paul and Carleen
Terhune; his grandparents Daniel and Joy Terhune; his uncle and aunt
David and Dotti Terhune; many beloved family members, including Dr. and
Mrs. Oliver Jeromin, Dr. and Mrs. Richard Colquitt, David W. Terhune,
Jr., Rebecca Joy Terhune, Bea Hansgen, and many others.
I will leave the final words to Eric's uncle David, who describes his
nephew this way. Eric ``was, in the best sense of the word, an officer
and a gentleman and a patriot,'' David says. ``I always admired his
strength and his power, but he was also gentle at the same time.''
Mr. President, this U.S. Senate honors CPT Eric D. Terhune as an
officer,
[[Page 21659]]
a gentleman, and a patriot. We are grateful for his years of service to
our Nation and his great sacrifice. And we send our profound thanks to
the Terhune family for giving their country this heroic marine. It is
only by men such as he that every American can stand tall and free.
STAFF SERGEANT CHRISTOPHER N. HAMLIN
Mr. President, I rise to also honor another fallen member of our
Armed Forces. This Nation is honored to have the finest arsenal of
freedom in the world in our Armed Forces. Today I pay tribute to one of
those brave warriors, SSG Christopher N. Hamlin of London, KY.
On May 4, 2007, Staff Sergeant Hamlin was tragically killed after an
improvised explosive device detonated near his vehicle as he was
conducting combat operations in Baghdad. A soldier since 2001, who had
deployed to Afghanistan, Kosovo, and on multiple tours to Iraq, he was
24 years old.
For his heroism during service, Staff Sergeant Hamlin received
several awards, medals, and decorations, including the National Defense
Service Medal, the Army Achievement Medal, the Army Commendation Medal,
the Purple Heart, and the Bronze Star Medal.
Chris packed a lot of life into his too short 24 years. Friends and
family members remember his dedication to the uniform, his love of
eating crab legs, and his enjoyment watching NASCAR. He was also a
writer and sometimes a poet, who would send his work to friends back
home from Iraq.
``Make every day count!'' Chris once wrote. ``Appreciate every moment
and take from it everything that you possibly can, for you may never be
able to experience it again.''
Those words, and others, from Chris's pen were remembered at his
funeral service in London.
``He never quit at anything,'' says his mother, Autumn Hamlin. ``He
said that he wanted to travel the world and not watch it on television.
He wanted to be right there.''
Chris grew up in Laurel County, KY, and liked hunting and fishing. At
North Laurel High School, he was on the basketball, cross country and
track teams and active in Junior ROTC, and he showed his eagerness to
help others at a young age.
``He'd be hanging around, waiting for basketball practice to start
and he'd help the janitor clean the school,'' says CDR Kenneth
Vanourney, his ROTC instructor.
``In basic training, he did a lot to help the other soldiers complete
their training,'' adds Chris's stepfather, Otis Johnson. ``He was
already physically fit and he would finish the course early and go back
to encourage the others to complete [it].''
Chris graduated from high school in 2001 and enlisted in the Army
soon after, heading to Fort Benning, GA, for basic training.
Eventually, Chris trained as a sniper and took first place in his
training class while earning a near-perfect shooting score.
When Chris's enlistment was up, he reenlisted. The excellence he
brought to his job was rewarded as he rapidly advanced in rank.
``In my 30 years in the Army, there have only been a handful of
infantrymen reach noncommissioned officer in five years or less,'' says
BG Joe Orr, who spoke at Chris's funeral service.
The Brigadier General adds:
I have met very few five-year soldiers who have been on as
many deployments as Chris. He believed in what he was doing.
Not only serving his Nation, but serving the people of
Afghanistan and Iraq. He will live on in our Army for years
and years.
Chris's Army experience will also live on in the house of his
grandmother, Zola Hamlin. Chris often sent her mementoes of his
experiences around the world, including currency from the Holy Land, a
tiny model of the Eiffel Tower, and a plastic bottle of sand from
Normandy Beach with a picture of Chris standing on the beach taped to
the front. ``We've always been real close,'' Zola said.
Chris's stepfather Otis said Chris talked to him about perhaps
attending the University of Kentucky after returning home. He was
considering a career in law enforcement or as a corrections officer.
In Iraq, Commander Vanourney said Chris's caring nature came through
as he made an effort to learn the names of the children who gathered
around the American troops. He told me: ``I think we're making a
difference,'' the commander recalls.
Our sympathies go out to the many loved ones that Chris leaves behind
today as I share his story with my fellow Senators. We are thinking of
his mother, Autumn Eve Hamlin; his father, Ronnie Veach; his
stepfather, Otis Johnson; his grandparents, Zola Lewis Hamlin and
Thurman Jerome Hamlin; his aunt, April Hamlin Young; his uncle, John
Hamlin; his five half sisters, and many other beloved friends and
family members. Chris was predeceased by his aunt, Dovey Lewis Hollins.
In a letter that Chris sent home to his family from Iraq with advice
for the people he missed back home, Chris wrote:
Everyone dies . . . but not everyone lives. Life may not
always be the party we hoped for, but for the while we are
here, we should dance. Right now I'm in Baghdad patrolling
the streets day and night, and I'm proud of my job.
This Senate is also proud of the job SSG Christopher N. Hamlin did.
We honor his service and his great sacrifice, and we extend to the
Hamlin family the thanks of a grateful nation for lending their country
this fine patriot and soldier.
Mr. President, I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Texas is
recognized.
____________________
UNANIMOUS-CONSENT REQUEST--H.R. 6842
Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the
Senate proceed to the immediate consideration of H.R. 6842, a bill to
restore second amendment rights in the District of Columbia. I ask
unanimous consent that the bill be read a third time and passed, and a
motion to reconsider be laid upon the table.
This is the bill that was passed by the House last week by an
overwhelming margin, and I move my unanimous consent request.
The ACTING PRESIDENT pro tempore. Is there objection?
Mr. DURBIN. Mr. President, reserving the right to object.
The ACTING PRESIDENT pro tempore. The Senator from Illinois is
recognized.
Mr. DURBIN. Mr. President, this is an attempt to write the DC gun
laws and to take away the authority of the elected government of the
District of Columbia to write its own laws relative to firearms
consistent with the new Supreme Court decision. If the Senator from
Texas were making such a proposal for the city of Dallas or the city of
Houston or the city of San Antonio, it would have some credibility
because that is her State. But to make this request that we would
overrule the power of the elected government of DC to implement the
Supreme Court decision is inappropriate.
On behalf of Senators who have signed a public letter in opposition
to the bill that passed the House, Senators Lautenberg, Feinstein,
Menendez, Mikulski, Akaka, Jack Reed, Ted Kennedy, John Kerry, Chris
Dodd, Hillary Rodham Clinton, Ben Cardin, and myself, I object.
The ACTING PRESIDENT pro tempore. Objection is heard.
Mrs. HUTCHISON. Mr. President, let me just respond by saying that it
is the prerogative of Congress to make laws that are directly
appropriate for the District of Columbia. I have been on the DC
Appropriations Subcommittee; I actually was chairman when Senator
Durbin was ranking member, so he knows well that we pass laws for the
District of Columbia because it is the District of Columbia, and we all
appropriate money for the city to function. We have introduced this
bill because the District of Columbia failed to protect the second
amendment rights of the citizens of the city over which Congress has
the ultimate responsibility.
It is entirely within the role of Congress to address an issue where
a city is not protecting the constitutional rights of its constituents,
over which
[[Page 21660]]
the Congress has the authority. It would not be the same in the city of
Chicago or the city of Dallas or other cities in our country. The
District of Columbia is a unique city in that it is overseen by
Congress. Congress has acted in the past over many issues where the
District has fallen short, and I would say Senator Durbin and I have
done quite a bit to strengthen the government of the District of
Columbia and make it more financially responsible.
So I am disappointed that the Senator has objected. I have submitted
for the Record a letter to Senator Reid from 47 of our Members who
asked Senator Reid to let this bill come forward because, in fact, the
District of Columbia acted--and I waited. I did not pursue this until
the District of Columbia City Council acted because I hoped they would
do the right thing. Unfortunately, they put up so many barriers to a
person's right to self-defense in their home by requiring that a
handgun be locked and unloaded, and that is not protection--not in
Chicago, not in Dallas, not in Houston, and not in the District of
Columbia--nor can we overcome the Federal law that does not allow
interstate sales of guns across State borders because in the District
of Columbia, one should be able to go to Maryland or Virginia and buy
from a licensed gun dealer to be able to pursue their right to protect
their home and their family in the District of Columbia.
So the bill is necessary for the rights of the people of the District
of Columbia over which Congress does have ultimate responsibility, and
it is my hope that we will do what the House did overwhelmingly and
pass this bill and send it to the President. I will continue to pursue
opportunities to make that happen. Thank you, Mr. President.
The ACTING PRESIDENT pro tempore. The assistant majority leader.
Mr. DURBIN. Mr. President, I first came to this city over 40 years
ago as a student. It was a time before the District of Columbia had
home rule. There was a certain paternalism felt by Congress toward the
city of Washington, DC. Of course, the city of Washington, DC, does not
have a voting representative in the Senate, and the delegate, Eleanor
Holmes Norton, who serves in the House, has limited authority to vote
in committee but not on the floor. So DC does not have a voice in the
House or Senate Chambers, despite the fact that some 600,000 taxpaying
Americans live in our Capital City. I think that is wrong. I have
consistently supported giving DC representation in Congress because I
believe these Americans living in this city deserve the same rights to
have a vote and be heard as those who live in Chicago or Dallas or
Houston. But that has been the course of history.
Many people who come to Congress, always longing to be a mayor, get a
chance to be a mayor over the District of Columbia. So this poor
Capital City has 535 would-be mayors in the House and Senate who want
to write ordinances for the city of Washington, DC, some of whom have
been mayors at home, some of whom have lost in elections for mayor, but
they are going to come here and be the mayor of Washington, DC, in
addition to being a Member of the House and Senate.
There was another event that occurred shortly after I arrived in
Washington--in fact, within a few weeks after I arrived--and that event
occurred on November 22, 1963, in the city of Dallas, TX, when a great
man and wonderful President, John Kennedy, was assassinated because
another man took a long-range rifle and shot at his motorcade as he
passed through that city, mortally wounding the President of the United
States and claiming his life. It was a tragedy which those of us who
lived through will never forget as long as we live, and it is a
reminder that even if you recognize and respect rights under the second
amendment--and I do--there have to be reasonable limits in terms of
firearms and weapons. Otherwise, the Lee Harvey Oswalds of tomorrow can
literally menace those who visit this city.
I just left a meeting with the President of Afghanistan, a wonderful
man who risks his life in Kabul every day to give his people in
Afghanistan a chance for freedom. He is under heavy security and guard
not only in Afghanistan but in the United States. Are we going to put
ourselves in a position to say--as the bill that the Senator from Texas
wanted to bring to the floor says--that we are going to repeal the
District of Columbia's laws on semiautomatic and assault weapons?
Are we going to now say that Congress will mandate that weapons which
could be dangerous for those who live here and those who visit here in
this Capital City, that we will decide in Congress which weapons will
be allowed and which will not be allowed? That is what this bill does.
That is exactly what it does. It goes much further than the Supreme
Court decision in DC v. Heller reached just a few weeks ago.
Let me be specific. The bill would severely undermine DC gun laws far
beyond the scope of that Supreme Court decision. That decision
invalidated the District of Columbia's handgun ban and found that the
second amendment confers an individual right. I don't quarrel with
that, but it did not require the invalidation of all other types of
laws, as this bill does. In fact, Justice Scalia--no liberal--Justice
Antonin Scalia, in the majority opinion in Heller, specifically noted
that a wide range of gun laws are ``presumptively lawful.'' Everything
from laws ``forbidding the carrying of firearms in sensitive places''
to ``conditions and qualifications on the commercial sale of arms.''
Justice Scalia, in acknowledging that the second amendment creates an
individual right to firearms, still made it clear that individual
jurisdictions--States, local units of government--would still have the
authority to forbid the carrying of firearms in sensitive places and to
impose conditions and qualifications on the commercial sale of arms.
The bill that Senator Hutchison wants us to impose on the District of
Columbia, however, repeals the prohibition of the District of Columbia
of carrying guns in public, directly counter to the language of Justice
Scalia; repeals DC's gun registration requirements, though it is clear
in the language of the Supreme Court decision that jurisdictions such
as Washington have the right to impose conditions and qualifications on
the commercial sale of arms; repeals the requirement of the District of
Columbia that guns are not sold to those who abuse them in crimes or
those who are mentally unstable. The provisions of the bill which
Senator Hutchison would impose on the District of Columbia repeals
their right to stop people with mental illness from buying firearms or
those with a history of commission of felonies. Does that make sense?
Does it make sense in Washington? Does it make sense in Chicago? Does
it make sense in Dallas or Houston? It does not make sense.
To come here and say that we are going to write the DC gun law, we
are going to decide the safety of 600,000 people and every visitor to
this city, is plain wrong. Give the city of Washington the same
opportunity that the city of Dallas, Houston, San Antonio, and Chicago
asks: to write laws consistent with this Supreme Court decision. They
have to. Ultimately, any effort to do otherwise is going to be
overturned by that Court. But to impose, as the Childers bill would--
Representative Childers of Mississippi introduced this bill--as this
bill would, is to go too far.
I will object to this because I think this city of Washington, as
well as the cities of Chicago and Springfield, IL, which I represent,
and the cities of Texas have the right to write their laws to protect
their citizens. When we come here and impose on them requirements and
restrictions that are not being imposed on cities in our own State, it
goes too far.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Texas is
recognized.
Mrs. HUTCHISON. Mr. President, I think it was not quite accurate to
suggest that repealing the DC's gun ban and all of the onerous
restrictions put on it weren't replaced in the law to require that
there be licensed gun dealers from which you could purchase a gun.
[[Page 21661]]
Of course, they would be licensed with all the Federal requirements,
all the State requirements in Maryland and the State of Virginia. Of
course, that would be a part of this law.
I have to say, I am not understanding why the distinguished Senator
from Illinois continues to say the Congress does not have a right to
impose our will on the District of Columbia. I have the Constitution of
the United States. Article I gives the exclusive jurisdiction over the
District of Columbia to the Congress ``To exercise exclusive
Legislation in all Cases whatsoever, over such District. . . .''
The District of Columbia was created to be the seat of government
over which Congress would have exclusive jurisdiction. It would not
apply to any other State where the Constitution says the States rights
prevail. But the District of Columbia is a special city, which I know
the Senator from Illinois knows. It is not 535 people trying to usurp
the rights of the mayor. It is 535 people who are trying to exercise
our responsibility to have laws in the District of Columbia that would
adhere to the constitutional rights of the citizens here. It is our
responsibility, and that is what we are trying to do.
Of course, I know the Senator from Illinois knows it has been clearly
upheld that preventing certain areas for the carriage of guns,
qualifications on sales, bans on automatics have been declared
reasonable. I know the Senator from Illinois knows that. Those would be
provided for, of course, because it is Federal law.
What we are trying to do is give the basic rights, which is our
responsibility as Congress, to the citizens of this District to keep
and bear arms, to have the individual right to have a handgun in their
home to protect their families, not a handgun that is locked and
unloaded, which is what the District of Columbia Council has put out as
its response to the Supreme Court case that declared their ban
unconstitutional; not to provide so many restrictions and costs on
registering a gun that it becomes very difficult and creates a
restriction on those second amendment rights; and last but not least,
giving them the right in this one instance to buy a gun across State
lines because this District is bordered by Virginia and Maryland, where
there are gun dealers who are licensed, who do have the correct
restrictions and background checks in place to be able to do that
because there are not gun dealers in the District of Columbia who would
give the proper access to people who would want to protect themselves
and their homes.
When I look at the statistics in the District of Columbia, I look at
the person who is robbed and murdered in their home. I look at the
policeman who is shot in the face doing his duty in this District. I
think people should have the right in this District to protect their
businesses with a handgun, which is barred by the District of Columbia,
and to have a firearm in their homes unlocked and able to protect their
families from an intruder.
We did not get to bring up this legislation today. When the House of
Representatives passes something 266 to 152, that makes a clear
statement that this Congress is trying to do the right thing to help
the District of Columbia residents have their second amendment rights.
I hope at some point the Senate will take up this bill that has been
passed by the House overwhelmingly and send it to the President, who I
know will sign it.
The PRESIDING OFFICER (Mr. Brown). The assistant majority leader is
recognized.
Mr. DURBIN. Mr. President, the police chief of the District of
Columbia, Cathy Lanier, testified before the House of Representatives
and said this bill, which Senator Hutchison is trying to impose on the
District of Columbia, would make it far more difficult for the
policemen in the District of Columbia and Federal agencies ``to ensure
safety and security in the Nation's capital,'' and she cited particular
concerns about providing security for the thousands of dignitaries,
motorcades, and special events that occur in our Nation's capital.
I wish to listen to those who are in uniform risking their lives in
Washington, DC, to keep it safe for the people who live and visit here.
They should be given the opportunity to make sure the laws that are
written are written in a way to be consistent with the Supreme Court
decision, consistent with the individual right to bear arms but also
consistent with the standards that Justice Scalia mentioned.
The Childers bill that Senator Hutchison would say must be the law of
the District of Columbia would repeal the District of Columbia's
prohibition of carrying guns in public. That runs directly counter to
the language of Justice Scalia, who said that States and cities could
impose laws ``forbidding the carrying of firearms in sensitive
places.'' Does that mean we would be prohibited from searching people
coming into the Capitol complex and taking their guns away under the
Hutchison provision? I am not sure I know the answer to that question,
but I think it is worth thinking about carefully before we consider
imposing this gun ordinance from the House.
I am also concerned about the fact that this bill would repeal the
right of Washington, DC, to regulate gun sales. I don't want guns to
end up in the hands of the mentally ill and those with a history of
felonies, violent felonies. Does that make you feel safer?
My State of Illinois, similar to the State of Virginia, recently went
through this tragic episode, where someone brought a gun into college
last year at Northern Illinois University, killing innocent people. It
also happened across the river at Virginia Tech.
Do I think in Illinois and in Virginia we want to make sure on
college campuses and other sensitive places that people do not carry
firearms? Of course, I do. If I am going to send a child of mine or
grandchild to a university, the first thing I want is for them to come
home alive. If it means putting reasonable standards so people cannot
carry guns into those surroundings, we should do it. Why would we
create a different circumstance for the District of Columbia? I went to
school at Georgetown University. If Georgetown wants to make certain
that students do not carry guns on to certain elements of the campus, I
stand behind them and I will fight for them. It is consistent with the
Supreme Court decision.
I wish to tell you something, the Childers bill that Senator
Hutchison would impose on Washington repeals Washington's right to
prohibit the carrying of guns in public. That goes too far. To take
this provision that has been written by the gun lobby and impose it on
the District of Columbia and on all the people who live here is wrong.
The Senator is right; in the past, Congress has done just about
anything you can think imaginable when it comes to imposing laws on the
District of Columbia. Many Members of Congress who never served as
mayors get their chance to pick on this city right here, to write
Federal legislation that they would never think of introducing back
home for their own hometowns. Let's do it for Washington; let's go
ahead and try a little experiment. That is not fair, it is not just,
and it is not American.
These people in this town deserve a voice in their own future, to
elect people who speak for them and represent them, as we do all across
America, to have a chance, as Delegate Norton has asked for, only 6
months to implement this new Supreme Court decision is not
unreasonable. I know there are those who want it done today, and I am
anxious to see it done, too, but I am not going to try to impose a law
on the District of Columbia that is unfair, that creates insecurity
where we have been warned by the police chief that it makes it less
safe for visitors to the Nation's capital. That is irresponsible.
Mr. President, I ask unanimous consent to have printed in the Record
a letter, dated September 22, 2008, to our majority leader from some of
my colleagues expressing concern about this legislation.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[[Page 21662]]
U.S. Senate,
Washington, DC, September 22, 2008.
Hon. Harry Reid,
Majority Leader, U.S. Senate.
Washington, DC.
Dear Leader Reid: We are writing to express our concern
about H.R. 6842, the ``National Capital Security and Safety
Act,'' which would override the laws of the District of
Columbia on the ownership of firearms in the District. The
bill passed the House of Representatives on Wednesday,
September 17, and we understand it will be placed on the
Senate calendar without being referred to the Homeland
Security and Governmental Affairs Committee or the Judiciary
Committee.
This legislation would have a considerable impact on safety
and security in the nation's capital. In addition, we
understand that it makes at least one significant change to
federal criminal law. As a result, we are concerned about
proceeding to this bill without hearing from local and
federal law enforcement officials and other interested
parties. We also believe there should be an opportunity to
offer and debate amendments to this bill.
In short, this legislation is too important to consider
according to a truncated process. Thank you for your
attention to this matter.
Sincerely,
Frank R. Lautenberg, Dianne Feinstein, Robert Menendez,
Barbara A. Mikulski, Daniel K. Akaka, Jack Reed, Ted
Kennedy, John F. Kerry, Chris Dodd, Hillary Rodham
Clinton, Ben Cardin.
Mr. DURBIN. I yield the floor.
The PRESIDING OFFICER. The senior Senator from Texas is recognized.
Mrs. HUTCHISON. Mr. President, I wish to make sure the record shows
that, No. 1, it is the constitutional responsibility of Congress to
assure that the District of Columbia residents have their second
amendment rights. That is our highest calling. It is our highest
responsibility. It is not usurping anyone's right in the District of
Columbia City Council. It is standing for the rights of the people of
the District of Columbia, which is our responsibility to do.
Secondly, I want the record to be very clear that every gun dealer in
the District of Columbia--there is one--in the State of Virginia, and
in the State of Maryland all have the same requirements that are
Federal law that would have to be adhered to that would require a
record check by the National Instant Criminal Background Check System.
There would be no exceptions to that. Having the background check would
be essential for anyone to purchase a gun under our law or any law of
the United States.
I yield the floor.
(At the request of Mr. Reid, the following statement was ordered to
be printed in the Record.)
Mr. KENNEDY. Mr. President, I strongly oppose H.R. 6842. This
bill would be a disastrous blow to gun safety in the District of
Columbia. For almost three decades, the District's handgun and assault
weapon ban has helped to reduce the risk of deadly gun violence. City
residents and public officials overwhelmingly supported the ban, and
courts have upheld it--until the Supreme Court's recent misguided
decision in the Heller case in June. Now, we are facing an orchestrated
assault that jeopardizes public safety. It is hard to understand how
the increased availability of handguns and assault weapons in our
Nation's Capital will make residents and visitors safer.
Introducing more guns onto the streets and into the community will
only increase the number of violent deaths in DC, including homicides,
suicides, and accidental shootings. The increased availability of
firearms will make it more likely that deadly violence will erupt in
our public buildings, offices, and public spaces.
This bill will have dangerous consequences for residents and visitors
alike. It removes criminal penalties for possession of unregistered
firearms. It legalizes the sale of assault weapons in the District. It
allows handguns and assault weapons to be kept legally in the city's
homes and workplaces. It hobbles the authority of the Mayor and the
City Council to deal with gun violence. Absurdly, this bill even
prevents the City Council from enacting any laws that ``discourage''
gun ownership or require safe storage of firearms.
As Congresswoman Eleanor Holmes Norton has emphasized, this bill sets
no age limit for possession of guns, including military-style weapons.
It permits a person who is voluntarily committed to a mental
institution to own a gun the day after the person is released. It
prevents gun registration, even for the purpose of letting police know
who has guns and tracing guns used in crimes. It prevents the DC
government from adopting any regulations on guns, leaving only a bare
Federal statute that would leave DC with one of the most permissive gun
laws in the Nation.
This bill is a frontal assault on the well-established principle of
home rule. It is an insult to the 580,000 citizens of the District of
Columbia. It tramples on the rights of its elected leaders and local
residents to determine for themselves the policies that govern their
homes, streets, neighborhoods, and workplaces. Congress wouldn't dare
do this to any State, and it shouldn't do it to the District of
Columbia.
Congress has consistently opposed giving the residents of the
District the full voting representation in Congress they deserve. Many
of our colleagues have frequently attempted to interfere with local
policymaking and spending decisions. This bill is a blatant
interference with DC law enforcement by denying the right of the City
Council to regulate firearms and firearm ownership.
I commend Senator Feinstein and Senator Lautenberg for their
leadership in opposing this shameful legislation, and I urge my
colleagues to oppose this reckless, special-interest bill that will
endanger the safety of the District of Columbia's residents and
visitors.
The solution to DC's gun crime problem lies in strengthening the
Nation's lax gun laws, not weakening those in the District. The tragic
and graphic stories of gun violence that capture front-page headlines
in the District show that current gun-safety laws need to be
strengthened, not abolished. I have long been committed to reasonable
gun control laws, and I am concerned that the Supreme Court's decision
on the DC gun ban opens a Pandora's box. Much of the progress we have
made in making Americans safer by placing reasonable restrictions on
the possession of firearms is now in doubt. It is a bitter irony that
this gross setback comes in the name of a right to self-defense, and I
urge the Senate to oppose it.
The PRESIDING OFFICER. The Senator from Georgia is recognized.
Mr. ISAKSON. Mr. President, I ask unanimous consent to be recognized
as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
FINANCIAL CRISIS
Mr. ISAKSON. Mr. President, in the next 48 to 96 hours, Members of
this Senate and Members of the House of Representatives will be called
upon to make what may very well be the most important decision any of
us have been asked to make, certainly domestically.
There have been a lot of reckless comments, a lot of sobering
comments, a lot of speeches made on this floor, a lot of accusations
made regarding the recovery or rescue supposedly by Secretary Paulson.
But it is very important for Members of this body to, first of all,
make sure that facts are reported accurately and, second of all, that
we give ourselves a chance to get this action right because there will
be no second chance.
Yesterday, two Senators--Senator Coburn from Oklahoma and Senator
Gregg from New Hampshire--made very eloquent, accurate, and sobering
speeches about the gravity of the economic situation we face but also
correcting some of the accusations that have been made by some about
the recovery that has been proposed.
This morning, I was heartened to see two people in the media make
comments early on the morning news, which gave me hope that we are
finally coming to a point where people are going to report facts rather
than fantasy.
Ali Velshi, who is the economic reporter on CNN, in fielding a
question from a listener who blamed the rescue we are talking about to
be a rescue of Wall Street, pointed out to that person
[[Page 21663]]
that this is not a rescue of Wall Street. We are giving a chance to
provide liquidity to banks, savings and loans, credit unions, and
financial institutions of the United States of America, not Wall
Street.
And Boone Pickens, who was interviewed because ostensibly he has lost
millions of dollars of his multibillion assets in recent days, when
asked about the consequences of us doing nothing, said very simply:
``You must trust Mr. Paulson.''
I trust him. We must do what is right. Those are sobering comments. I
thought what I would do for a little bit is set the record straight, or
at least accurately, of some of the things that have gone on, some of
the things that are going on, and what the Paulson proposal can do when
it is perfected to help us in a very difficult period of time.
As I said on the floor of this Senate on many occasions, the villain
in this situation is very essentially Wall Street's investment banking
community and Moody's and Standard & Poor's, the rating agencies. They
created subprime securities. Moody's and Standard & Poor's wrote them
as investment grade. They sold them around the world. When those high-
risk, poorly qualified, high-yielding loans were made and began to be
defaulted on, the securities started losing their value, and they lost
them at a rapid rate. They became known as subprime securities or, as
some have called them, toxic assets.
The problem that faces the country today is the uncertainty of the
value of those assets has plummeted their value to virtually zero.
There is no market. The American people yesterday, in looking for a
place to invest their money, were willing to take zero interest to buy
Treasury bills, meaning they were looking for a place to park their
money.
We are not in a time where there is any confidence in the investment
community and everybody is worried and concerned. Secretary Paulson's
proposal is to spend up to--and I would use the word ``invest'' up to
rather than ``spend''--$700 billion to purchase from financial
institutions these mortgage-backed securities at a discounted price
established by the Secretary. Assuming for a second the discounted
price is 50 percent, that $700 billion would actually take off the
shelves $1.4 trillion in mortgage-backed security assets held currently
by financial institutions--a significant amount of money. The minute
the Treasury begins to buy these entities and these securities, there
are going to be people coming back to the market to buy them as well.
Think about this, Mr. President: If you buy a security at 50 cents on
the dollar, then you are reducing what the company paid for it--their
investment--by 50 percent. If the default rate on mortgages--on
subprime loans--in the country is 12 or 15 percent, which in some cases
it is, that is only 85 percent of 100, which means there is a 35-
percent spread on those mortgages that are paid to maturity.
So with the strength of the country being able to buy those
securities, hold those securities to maturity, there very possibly is a
significant margin for the Treasury of the United States. The amount of
the investment made by this country will never be $700 billion. It will
be somewhere between $700 billion and whatever we recover from those
securities upon their maturity, which could well be $500 billion, $600
billion, $700 billion, even maybe possibly a margin above that.
So this is not an investment to save Wall Street. This is an
investment to provide liquidity to the lending institutions that
service my citizens in Georgia and yours in Ohio and my colleague's in
Oklahoma, the people who now are struggling to be able to get credit
for their small business or for their car loan or for a mortgage.
I think it is also important to recognize that some of the actions
taken by the Fed and the Treasury in the weeks leading up to this
decision, which have been referred to also as Wall Street bailouts,
have been, in some cases, misreported. The Bear Stearns investment of
$29 billion helped a transaction to be made that caused Bear Stearns to
lose 90 percent of its value. That is not a bailout. AIG is paying the
taxpayers of the United States 8\1/2\ percent on a loan we made to AIG
to allow it to liquidate itself--a loan, by the way, that the U.S.
Treasury will make money on.
The proposal being made on those two is off the balance sheet for the
United States. The $700 billion proposal is on the balance sheet, and
it will create a liability, and during its maximum time it will raise
the debt. But as the securities are held to maturity, as they are sold
at a price between the discount they are purchased for and the value
they ultimately are redeemed for, the Treasury will have a reduced and
diminished liability.
I am not here to sell the Secretary's proposal, and I am anxious to
wait for the meeting this afternoon to see the final details, but I am
saying that words are important and loose lips at a time such as this
in our country are very dangerous. For us to castigate a recommendation
to save our economy--which, in fact, is a rescue and not a bailout--is
wrong, and it is wrong for elected officials, such as myself or anyone
else, to take fast-and-loose facts and apply them to a situation that
is the gravest we have faced in this country in a long time.
So I take the word of Boone Pickens to place confidence in those we
have entrusted to represent us--in this case, Secretary Paulson. I take
solace in the words of the President last night and the sobering
comments of Senator Judd Gregg on the floor of this Senate when he
explained accurately and correctly the financial effects of doing
nothing in this situation.
Mr. President, we have 48 to 96 hours to make a decision. Let's make
it on the facts. Let's make it in the best interests of the American
people. Let's make it in the best interests of Main Street because,
after all, those are the people we serve--the ones who go to our banks,
our savings and loans, who run our small businesses, and who are our
next-door neighbors. They are the Americans we represent. They are the
Georgians I represent. When I make a decision this weekend, it will be
in their best interest, their children's, and their lives.
I yield the floor.
The PRESIDING OFFICER. The senior Senator from Oklahoma is
recognized.
____________________
THE ENVIRONMENTAL MOVEMENT
Mr. INHOFE. Mr. President, let me first say that this has been a very
difficult subject, and I have the utmost respect for the Senator from
Georgia. As he said, I am looking forward to waiting and seeing a final
product. I look at what is there right now, and I do have concerns. I
have concerns as to who the asset managers will be, what institutions
will be involved, and what types of assets. It would seem to me, as I
read it, that as the $700 billion is paid down, other assets could be
purchased, and I just wonder where it would end. I believe some new
heads will come in and kind of look at these proposals and perhaps come
up with something that will resolve a looming problem we all are
concerned about.
Today, my concern is on a different subject and one that is very
important to me as an American citizen and as the ranking member of the
Environment and Public Works Committee. The situation I am about to
discuss reminds me of an old saying: Beware of wolves dressed in
sheep's clothing. Today's so-called environmental movement can be
described in much the same way.
Campaigns to ``save a cuddly animal'' or ``protect the ancient
forests'' are really disguised efforts to raise money for Democratic
political campaigns. Take this ad, for example, displayed on the League
of Conservation Voters'--or the LCV's--Web site. This is LCV's standard
text used to raise money for a nonprofit organization. In turn, the LCV
takes these donations, given to ``save the environment,'' and then uses
them to fund ads for Democratic candidates, such as Ben Lujan from New
Mexico. LCV, similar to other groups I will highlight later, disguises
itself as an environmental group dedicated to saving the environment.
Yet, as shown
[[Page 21664]]
by this political ad, it is simply an extension of the Democratic
political party.
In the fall of 2004, I came to the Senate floor to discuss this very
topic. This report and my remarks today are an update of the 2004
report. Over the last several months, my staff has put considerable
time and effort into examining this deception. This examination has
uncovered the tangled web of charitable and environmental
organizations, political campaigns, and large foundations.
Environmental groups are tax-exempt, IRS-registered, 501(c)(3)
charitable organizations, meaning that contributions to these groups
are tax deductible. I think it is very important that people
understand, because there is always confusion here, that a 501(c)(3) is
not supposed to be a political organization. It is a charitable
organization. And there are many legitimate ones out there that deserve
the tax-exempt status they have.
These groups profess to be stewards of the environment and solicit
contributions from a variety of sources using these claims, but they
demonstrate more interest in hyping the extreme environmental scenarios
to raise money for raw political purposes than working toward actual
real-world environmental change for the benefit of all Americans. Not
surprisingly, given these deceptions, these nonprofit groups are
tightly affiliated with and fund the 501(c)(4) lobbying organizations
and 527 organizations. And we all know that 501(c)(4) organizations and
527 organizations are lobbying organizations that get involved in
political campaigns.
With these intertwined organizations, it is extremely difficult to
differentiate the source of funds and track their use. This problem is
highlighted in a report prepared by my staff which provides preliminary
examples based on the five most politically active environmental
groups. The report describes their activities, the foundations that
provide their financial support, and the interconnected web among these
organizations.
Mr. President, I ask unanimous consent to have printed in the Record
at the conclusion of my remarks the staff report to which I just
referred.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. INHOFE. Mr. President, my staff is not the first to uncover this
sham. A December 19, 2007, article in the Wall Street Journal
highlighted the very same problem, stating:
Because the IRS doesn't require 501(c) organizations to
detail election spending or to list contributors, it is
difficult to track their political activity.
The Journal analyzed data on 30 separate 501(c) groups active in
elections from 2000 to 2006, culled from a variety of sources. The
data--this again is from the Wall Street Journal--showed that the 30
organizations spent at least $155 million on the 2006 elections, nearly
twice what they spent in 2000.
Environmental groups have become experts at duplicitous activity,
skirting laws up to the edge of illegality and burying their political
activities under the guise of nonprofit environmental improvement. This
chart demonstrates this interconnected ``enviro-family affair'' of
nonprofits and their benefactors. As you can see, the six organizations
at the bottom of this chart are all either 527 groups or political
501(c)(4)s.
Let's take a look at the League of Conservation Voters, which is a
poster child for this deceit. The LCV is an IRS-registered 501(c)3.
Contributions to the organization are tax deductible. However,
contributors should understand that LCV is a political organization
affiliated with a 501(c)(4) organization, a political action committee,
and a 527 organization. All three of these are political.
LCV represents itself as ``turning environmental values into national
priorities,'' and much of its funds, even from its 501(c)(3)
organization, goes to fund voter mobilization and education drives.
In each election cycle, LCV endorses political candidates. Since
1996, LCV has published a ``Dirty Dozen'' list and bragged about its
effectiveness in ousting candidates on the list. Not surprisingly, the
list singles out all Republican candidates, but they almost always
throw in one Democratic candidate--just one--to make it appear as if it
is technically bipartisan. To date, 83 names have been placed on the
LCV's ``Dirty Dozen,'' 74 of which are Republicans. By their bipartisan
claims, it would be expected that the LCV's support would be split
evenly. The publishers of the ``Dirty Dozen'' list have yet to name
even a dozen Democrats to their list in the last 12 years.
In 2006, LCV had two 527 groups, the League of Conservation Voters
SSF and the League of Conservation Voters, Inc., SSF-527 II. These 527
groups were fined by the Federal Election Commission for three
violations of Federal election law. One of the violations was that LCV
knowingly accepted individual donations in excess of $5,000. LCV
collected over $6 million in donations during 2004 that violated the
$5,000 individual maximum amount restriction, and the ultimate fine was
a total of $180,000 by the FEC.
According to an FEC press release, LCV received this fine for acting
as a clear political committee and violating Federal election law. The
Wall Street Journal highlighted these violations in an article
published in December 2007. Following this incident, the LCV
restructured its organization into a 501(c)(4), which allows the
organization to run with fewer disclosure restrictions.
LCV has a long history of direct involvement in political campaigns.
In 1996, LCV spent nearly $1.5 million in ads focused on defeating its
``Dirty Dozen'' list targets of 11 Republicans and, oh yes, 1 Democrat.
In 1988, the LCV spent $2.3 million targeting its ``Dirty Dozen'' list
of 12 Republicans and, oh yes, 1 Democratic candidate. In 2000, the LCV
spent nearly $4 million, again targeting 11 Republicans and 1 Democrat
on its ``Dirty Dozen'' list. And I can't forget that in 2000, the LCV
also endorsed Al Gore for President--clearly a political endorsement.
In 2002, LCV once again targeted 11 Republican congressional candidates
and 1 Democrat. Clearly there is a partisan pattern here. LCV spends
hundreds of thousands of dollars in congressional contests against
Republican candidates.
That same year, the group undertook its strongest single effort to
date, focused on my friend, Senator Allard, who will be speaking right
after me. The LCV claims to have budgeted $700,000 for that race--I am
talking about incumbent Senator Allard from Colorado--and hired a
campaign staff of 12 to coordinate phone banks and precinct walks. In
addition, LCV ran television and radio advertisements against Senator
Allard. Of course, as we all know, Senator Allard won in spite of that.
Altogether, the LCV reportedly spent $1.4 million in independent
expenditures during the 2002 election cycle. Of that total amount, LCV
spent $1.3 million benefitting Democratic candidates while only
spending $136,000 for Republican candidates. That again is the ratio we
see consistently, 10 to 1, to make it look as though it is not an arm
of the Democratic Party. Two years later, in 2004, the ``Dirty Dozen''
list contained twelve Republicans and one Democrat. LCV and its
affiliates spent a new record total of $16 million during that year's
elections targeting the 13 candidates. As in previous years, the 1
Democrat on the list retained his seat while 4 of the 12 Republicans
were defeated. For the first time, in 2004, the LCV included a
Presidential candidate on their list. The LCV endorsed Senator John
Kerry for President--again all political.
In 2006, the LCV chose 15 candidates for their ``Dirty Dozen'' list.
The list was comprised of 13 Republicans and 2 Democrats. While the two
Democrats on the ``Dirty Dozen'' list retained their seats, nine
Republicans lost their seats. The LCV and its affiliates used its
extensive budget of $27 million on campaign activities.
The 2006 elections also highlighted the intertwined political
activities of LCV and other groups. A coalition of environmental
organizations, that included LCV and the Sierra Club,
[[Page 21665]]
worked together in 2006 to defeat their top target Richard Pombo, then
chairman of the House Resources Committee. This coalition invested more
than $1.7 million in the race to defeat him. If that figure alone is
not startling enough, then look at this chart that shows part of a
Sierra Club press release that gloats about their activity in this
House race. We see that the Sierra Club invested $545,000 in this race
and had 643,000 contacts with voters, and sent 397,000 pieces of mail
in this race alone--Richard Pombo, in California.
At the time of this report, the LCV had yet to release a completed
version of the 2008 ``Dirty Dozen'' list. However, it has released the
names of nine individuals who will fill up the ranks of the completed
list. Of those nine, there is one Democrat joining the ``Dirty Dozen.''
I would be remiss not to mention that it looks like I will be on their
list this year. It should come as no surprise that for the 2008
Presidential election, the LCV has endorsed Senator Barack Obama for
President.
As one individual who will be running, I am sure there will be a lot
of money that will be in my race. I think it is kind of interesting
that in this day, when we are all concerned with what might be
happening on Wall Street and some of the people who have made huge
salaries and then turn around and have a defunct company, we see the
Environmental Defense Fund's Fred Krupp receiving a salary of $357,000;
Sierra Club, Carl Pope, $207,000. I am hoping these contributors know
that not only are their contributions going to organizations that are
not doing anything about the environment, but they are paying very
large salaries to large staffs.
While there is no means of calculating or anticipating what LCV will
spend this year, as their budget has grown every election cycle, they
will most likely have at least the $27 million that they did in 2006.
LCV is certainly not the only organization doing this. The Sierra
Club, which describes itself as ``America's oldest, largest, and most
influential grassroots environmental organization,'' has a similar
record of trickery. The Sierra Club Foundation is a 501(c)(3) tax-
exempt organization with an affiliated 501(c)(4) group, Sierra Club.
There is also a 527 organization called the Sierra Club Voter Education
Fund, which claims to be a ``separate segregated fund of the Sierra
Club.'' The Sierra Club Foundation does not claim affiliation with this
527 organization, however the Sierra Club Voters Education Fund does
not have its own board of directors, officers or trustees.
In 2006, the Sierra Club 501(c) organizations brought in more than
$110 million and spent nearly $104 million; the Sierra Club 527, the
Sierra Club Voter Education Fund, only brought in $60,000, but managed
to spend nearly $1 million. That is pretty tricky.
Similar to LCV, the Sierra Club has a history of endorsing candidates
for political office. Most recently, the Sierra Club announced its
support of Senator Obama's Presidential bid. While there is no reported
activity yet from the organization, the Sierra Club has been known to
run television and radio advertisements both supporting their candidate
and criticizing the opposition. At the time of this report, Sierra Club
had announced its support of 13 candidates for seats in the United
States Senate. Of those 13 candidates, none are Republicans. The
organization has also announced its endorsement of 156 candidates for
the U.S. House of Representatives. Of the candidates, four are
Republicans. Essentially, 98 percent of Sierra Club's endorsements
favor Democrat candidates.
Another example is the Natural Resources Defense Council.
The Natural Resources Defense Council, Inc. is registered as a
501(c)(3) organization. It is also affiliated with a 501(c)(4)
organization, the NRDC Action Fund, and a 527 organization, the
Environmental Accountability Fund. By having at least one of each
category of tax-exempt organizations, these groups can transfer wealth
throughout their family of organizations and remain virtually
undetected. In its 2006 tax filing, Natural Resources Defense Council,
Inc. transferred $98,801 to NRDC Action Fund, and NRDC Action Fund
transferred $124,500 to undisclosed ``other organizations'' that same
year.
Founded in 1970, NRDC purports to be the ``nation's most effective
environmental action group'' whose mission is to ``[t]o safeguard the
Earth: its people, its plants and animals and the natural systems on
which all life depends.'' The NRDC claims to use grassroots efforts and
the power of legal and scientific expertise to achieve its goals, which
they describe frequently as ``independent.''
From 2001 through 2005, the NRDC reported on the Bush administration
by creating the Bush Record. The Record categorized President Bush's
time in office as an administration that ``will cater to industries
that put America's health and natural heritage at risk.'' The NRDC
predicted that Bush would continue ``to undermine environmental
enforcement and weaken key programs.'' The organization gave up the
effort and stopped tracking the administration's moves after President
Bush defeated Senator Kerry in the 2004 election. It is interesting, I
remember the ``Clear Skies'' legislation that was the largest reduction
of pollutants of any President in the history of America and it was
defeated by the Democrats in the Environment and Public Works
Committee.
My staff examined two other organizations, Greenpeace and
Environmental Defense Fund, and found similar patterns of partisan
fund-raising and spending.
Greenpeace, like other environmental activist organizations, has
strong ties to other politically oriented groups. The chairman of the
board of directors, Donald Ross, is involved in multiple organizations,
including the LCV, where he is a board member. Ross is also the founder
of M+R, a campaign strategy firm whose clients include, among others:
Environmental Defense Fund; LCV; and the Democratic Congressional
Campaign Committee. Greenpeace is also a client of Earthjustice, the
legal entity that represents the Sierra Club, NRDC, and Environmental
Defense Fund. Additionally, Greenpeace remains officially affiliated
with the Partnership Project, whose members also include Sierra Club,
Environmental Defense Fund, NRDC and LCV. While Greenpeace may not make
a Dirty Dozen list, or endorse hundreds of Democratic candidates, it is
affiliated with and supports the organizations that do. Furthermore, it
represents those affiliations to the rest of the world.
Environmental Defense Fund, EDF, describes itself as an organization
that ``is dedicated to protecting the environmental rights of all
people'' by using a scientific approach that is ``nonpartisan, cost-
effective, and fair.'' Environmental Defense Fund is represented by its
family of organizations, Environmental Defense, Inc., a 501(c)(3)
organization, and Environmental Defense Action Fund, Inc., a 501(c)(4)
organization.
EDF is also intimately connected with other environmental and
political organizations. Trustee Frank Loy currently serves as one of
Senator Obama's ``top environmental advisers'' for the 2008
Presidential campaign. This past year, trustee Douglas Shorenstein
donated $272,100 to Democratic political objectives, including the
Hillary Clinton and Al Franken campaigns. Trustee Joanne Woodward, wife
of noted Hollywood star Paul Newman, donated significantly to both the
Clinton and Obama campaigns. Until 2006, Teresa Heinz, wife of Senator
John Kerry served on the board of trustees for EDF. Heinz is also the
current chairman of Heinz Endowments, a part of the Heinz Family
Foundation, one of the Nation's 25 largest charitable foundations.
Current EDF trustee George Woodwell also serves on the board of the
NRDC.
EDF reported raising $71.8 million for the 2006 calendar year, and
reported receiving contributions totaling more than $94 million during
the 2006 IRS filing period. Of that amount, the organization spent
$18.9 million to promote their stance on climate change issues, and
$19.5 million collectively on land and ocean environmental issues.
In addition to the publicly professed alliances among these groups,
they are
[[Page 21666]]
all connected by the foundations that provide them with a significant
amount of funding.
The Heinz foundations are some of the largest contributors to these
nonprofit environmental organizations, and, of course, Ms. Teresa Heinz
Kerry is either chairperson of the board of trustees or member of the
board of trustees on each foundation. In fact, Ms. Heinz Kerry oversees
more than $1.5 billion of Heinz foundation resources.
Last year alone, Heinz gave $160,000 to NRDC directly. Since 2002,
Heinz has given a total of $740,000 to EDF, LCV, and NRDC specifically.
Over the past 5 years, Heinz has also given $3.8 million to Tides.
Tides has donated significantly to all five of the mentioned
environmental organizations, and receives a large portion of their
funding from foundations such as Heinz.
Another major supporter of environmental groups is the Turner
Foundation, founded in 1990 by Ted Turner. The Turner Foundation
sponsors special projects including the Partnership Project comprised
of 20 national environmental groups. Since 2002, the Turner Foundation
has contributed more than $2.9 million to the Partnership Project.
Additionally, the Turner Foundation has given more than $1 million to
the NRDC, $778,875 to EDF, and $6.7 million to the LCV Education Fund.
The Pew Charitable Trust, which claims it is ``an independent non-
profit serving to inform the public on key issues,'' also gives
substantially to environmental groups. Two of Pew's environmental
priorities include global warming and wilderness protection.
Since 2002, Pew has given a substantial amount of money to
environmental activist groups directly and through other private funds
that finance these groups. Pew contributed $431,000 to EDF, $900,000 to
NRDC, and $700,000 to the Partnership Project, a joint venture of the
Nation's leading environmental groups. Additionally, Pew gave more than
$7 million to the Tides Foundation. During that time, the Tides
Foundation contributed a collective $1.8 million to the following
organizations: EDF, LCV, Greenpeace, NRDC, and Sierra Club.
This tangled web of political financing and private dollars should be
disconcerting and even scary to American's concerned about transparency
and honesty in our Government. Clearly, where these environmental
groups are concerned, there is no line between issue advocacy and
political activity. And most disturbing is the fact that one cannot
tell if these so-called environmental groups that claim to protect and
conserve our environment, really spend any money on actually improving
our environment.
Why is this important? Well, it is important because our environment
is important to all of us. Despite what you may hear from these groups
in their attack advertisements against President Bush and Republican
candidates across the Nation, our air is cleaner, water more drinkable,
and our forests are becoming healthier. For instance, over the last 30
years, we have cut air pollution in half.
This is also important because these wolves disguised in sheep's
clothing are deceiving the America people. When an individual gives
their hard-earned money to one of these organizations, most expect it
to be used for the environmental cause they support, not political
campaigning.
It seems that it is more important to these groups to turn their once
laudable movement into a political machine misleading the American
public regarding their purely politically partisan agenda under the
guise of environmental protection. Again, a wolf in sheep's clothing.
Our nation's first Chief of the U.S. Forest Service, Gifford Pinchot,
said, ``Conservation means the wise use of the earth and its resources
for the lasting good of men.'' He also said that ``conservation is the
application of common sense to the common problems for the common
good.''
Those words ring true today. Unfortunately, it is clear to me that
the environmentalist movement is deaf to them. What we find now is the
fleecing of the American public's pocketbooks by the environmental
movement for their political gain. We also find exhausting litigation,
instigation of false claims, misleading science, and scare tactics to
fool Americans into believing disastrous environmental scenarios that
are untrue.
Mr. President, especially in this election year, the American voter
should see these groups and their many affiliate organizations as they
are: the newest insidious conspiracy of political action committees and
perhaps the newest multi-million dollar manipulation of Federal
election laws.
As an American citizen concerned about our environment and our
country, I am dismayed and saddened by this deception. If these groups
actually used the hundreds of millions of dollars they raise for actual
environmental improvement, just think how many whales and forests we
could save.
These wolves should be seen for what they really are: massive
democratic political machines, disguised as environmental causes.
You know, I think a lot of people on this floor understand, both
Democratic and Republican, and the American people, there has been a
wake-up call. When you look at what happened in the bill back in 2005
that came forward on trying to put caps on the greenhouse gases and cap
and trade, a very expensive system that would cost the American people
over $300 billion a year.
At that time, there were only three Senators who came down to oppose
that bill. Yet this was overwhelmingly defeated. Then fast forward 3
years to 2008. We had a similar bill on the floor of the Senate a few
weeks ago. This time, 24 Senators, or 23, came down and joined me to
tell the truth as to the economic destruction that would come should we
pass this legislation.
So I think that wake-up call is there. In spite of the millions of
dollars that are channeled through 501(c)(3)s to defeat Republican
candidates, I think reason is winning.
Exhibit 1
INTRODUCTION
Environmental activism has become a multibillion dollar
industry in the U.S. campaigns to save the whales or stop
mining beg average Americans for their support through
donation of their hard earned dollars. These environmental
campaigns also receive millions from charitable foundations
such as the Pew Foundation, Turner Foundation, and Heinz
Foundation. But what most don't know when they donate to a
cause to ``save the rainforest'' or ``save the polar bear''
is that their money could end up being used for partisan
activities that are only tangentially related, if related at
all, to the cause for which they are intended.
The majority of environmental activist groups present
themselves as objective, nonpartisan, nonprofit groups that
are dedicated to environmental integrity and protection. To
accomplish their goals, these groups typically set up
501(c)(3) nonprofit organizations with affiliated 501(c)(4)
organizations. It is difficult to detail these organizations'
specific spending habits. On December 19, 2007, the Wall
Street Journal published an article that documented just how
difficult this process is, and how political several 501(c)
organizations were in the last year. The article stated:
``Because the IRS doesn't require 501(c) organizations to
detail election spending or to list contributors, it's
difficult to track their political activity. The Journal
analyzed data on 30 separate 501(c) groups active in
elections from 2000 to 2006, culled from a variety of
sources. The data show that the 30 organizations spent at
least $155 million on the 2006 elections, nearly twice what
they spent in 2000.''
As early as 1995, the Internal Revenue Service (IRS)
noticed a growing problem in today's non-profit sector. The
IRS published an educational document about the difficulties
in separating such non-profit organizations' nonpartisan
status from the legislative and political activities that
such organizations undertake. The report stated: ``[T]he work
of exempt organizations specialists reflects diverse ways in
which political agendas are forwarded. Today, political
agendas are being forged by political parties, candidates,
legislative caucuses, educational organizations, and
political action committees. When entities employed in this
process seek recognition of exemption under IRC 501(c)(3) or
501(c)(4), questions arise about the scope of political
campaign, legislative, and political educational activities
permitted under these sections.''
The IRS categorizes a broad issue that has become very
prominent among today's leading environmental activist
groups. For years, there has been public and political
scrutiny over the activities of major environmental activist
groups, such as Environmental Defense Fund (EDF), the Natural
Resources Defense Council (NRDC), and the
[[Page 21667]]
League of Conservation Voters (LCV), and their financial
links to charitable institutions, such as the Tides
Foundation and Heinz family foundations. These issues were
brought to the public's attention several years ago through
various publications such as the 2004 articles in The Hill
and The Washington Post.
This report will focus on the financial intricacies and
political ties of major environmental activist groups
including the League of Conservation Voters, the
Environmental Defense Fund, Greenpeace, the Natural Resources
Defense Council, and the Sierra Club, and the major
foundations that support them.
501(c)s and 527s
The three different types of nonprofit groups analyzed in
this report are 501(c)(3), 501(c)(4), and 527 organizations,
all of which have tax-exempt status under the Internal
Revenue Code. A single group is often affiliated with other
types of organizations. For example, the League of
Conservation Voters, Inc. is a 501(c)(3) that is affiliated
with two 501(c)(4) organizations and two ``527 groups'' and a
political action committee (PAC). There are different
requirements and restrictions placed upon each group, as
analyzed below.
501(c)(3) nonprofits are tax-exempt organizations that can
participate in political issues, but not specific campaigns.
These organizations must be organized and operated for a
qualifying purpose (e.g., a charitable, educational, or
religious purpose) and serve the public interest. They are
commonly thought of as charitable organizations. The majority
of the funds raised by these organizations come from
individual donors and other public sources. The individual
donations are tax deductible for the donor as long as they
meet certain criteria. One such criterion is that the donor
must present receipts for amounts of more than two hundred
and fifty dollars. These organizations can lose their tax
exempt status by supporting or opposing a candidate and
engaging in campaign activities that are specifically linked
to election periods, such as a presidential primary election.
A 501(c)(3) can lobby on their issues, but lobbying cannot
be a substantial part of their activities. The organizations
can also educate the public and fund research that supports
their positions. However, 501(c)(3) organizations cannot
``participate in, or intervene in (including the publishing
or distributing of statements), any political campaign on
behalf of (or in opposition to) any candidate for public
office.'' Some examples of popular 501(c)(3)s are The
Salvation Army, United Way, and Habitat for Humanity. Any
funds transferred by the 501(c)(3) to an affiliated
organization cannot be used for impermissible purposes (e.g.,
campaign activities).
Another type of tax-exempt organization is a 501(c)(4)
organization. These organizations are typically ``social
welfare organizations'' whose purpose is to promote the
common good and general human welfare. Unlike 501(c)(3)
organizations, donations to 501(c)(4) organizations are not
tax deductible. Under the scope of promoting the general
welfare, the 501(c)(4) organizations can engage in political
activities with fewer restrictions than a 501(c)(3). For
example, a 501(c)(4)'s general lobbying efforts are almost
unlimited. Additionally, a 501(c)(4) can promote a candidate
for office, as long as campaigning is not the organization's
primary purpose. A 501(c)(4) can generally receive and give
funds to both its affiliated 501(c)(3)s and 527s without
risking its tax-exempt status. Any transferred funds,
however, may be subject to tax if those funds are used for a
taxable purpose.
One of the most prominent examples of a 501(c)(4) campaign
is Moveon.org Civic Action, more commonly known as
Moveon.org. This organization, which began in 2002, is most
famous for its television and print advertisements
campaigning against the war in Iraq. The organization also
utilizes electronic mail and petitions to achieve its goals.
Under the scope of promoting the social welfare, Moveon.org
is legally able to become politically involved to campaign
for its goals and objectives.
Many 501(c)(3) and 501(c)(4) organizations also have
affiliated 527 political organizations. Because 527s are
political organizations, they can cross the partisan barrier
that is off-limits to 501(c)(3) organizations. For example, a
527 organization can attempt to directly influence the
election, appointment, or nomination of a particular
political candidate for public office. 527 political
organizations include the entities that are regulated as
political committees under federal election law, such as
political action committees (PACs). They also include
organizations that appear intended to influence federal
elections in ways that may be outside the scope of federal
election law and therefore are not regulated by the Federal
Election Commission (FEC). These latter organizations are
commonly referred to as ``527s'' or ``527 groups,'' and that
is how this report identifies them. A 501(c)(3) may not
transfer money to an affiliated 527 organization for campaign
activities, but a 501(c)(4) organization may be able to do so
without losing its tax-exempt status, although the funds may
be subject to tax.
A 527 group can conduct several partisan activities similar
to a PAC. However, unlike a PAC, a 527 group cannot have as
its major purpose the nomination or election of a federal
office candidate, cannot expressly advocate for election or
defeat of a clearly identified federal candidate, and cannot
contribute money directly to a candidate's campaign. 527
groups can, however, utilize unregulated ``soft'' money to
highlight specific candidate's strengths or weaknesses, and
generally promote said candidate without specifically
endorsing his or her election. Therefore, a 527 group may be
able to essentially operate as a ``soft money'' PAC without
having to register with the FEC.
In recent history, 527s have received increased scrutiny
for not complying with IRS regulations, including donor
disclosure requirements. Consequently, some organizations may
have switched over to campaigning through their 501(c)(4)
organizations. The 501(c)(4) retains the ability to engage in
campaign activities but is not subject to donor disclosure
requirements.
It is the ability to shift funds easily among these
different organizations that has generated a stir of
political attention and has raised some very serious
questions about the validity of each. Supposed ``nonprofit,
nonpartisan organizations'' can shift funds very easily to
organizations formed for the sole purpose of partisan,
political activity. 501(c)(3) organizations can shift funds
to 501(c)(4) organizations, which can participate in partisan
activities, although the funds could not lawfully be used for
campaign activities. A 501(c)(4) can shift funds to a 527
organization, often founded for political campaign purposes.
Clearly, without a system for tracking funding in these types
of organizations, a donor could contribute to a nonpartisan,
nonprofit organization and the donation could ultimately be
used for partisan political activities. While this practice,
if caught, would cause a 501(c)(3) organization to lose its
tax-exempt status, it is nearly impossible to detect these
funding shifts.
There are also questions about the exact scope and
limitations placed upon 501(c)(3), 501(c)(4)s, 527s and PACs.
With the existence of the 501(c)(4) and the PAC, what is the
point of the 527? With significant partisan campaign activity
undertaken by 501(c)(4) and 527 groups which are regulated by
the IRS, how do lawmakers control and police how much money
is actually being spent on campaigns, when the FEC's role in
regulating these organizations is often unclear?
Outlined below are several examples that highlight the
complexity of the web of nonprofit organizations and their
political activities.
league of conservation voters
LCV represents itself as ``turning environmental values
into national priorities.'' The organization's mission is
``to advocate for sound environmental policies and to elect
pro-environmental candidates who will adopt and implement
such policies.''
The LCV is registered as a 501(c)(4) organization, with
affiliations to several other organizations: the League of
Conservation Voters Education Fund, a 501(c)(3), which claims
to refrain from campaign activities, and the LCV
Accountability Project, another 501(c)(4) organization. These
affiliates, referred to as a ``family of organizations,'' are
committed to running ``tough and effective campaigns to
defeat anti-environment candidates, and support those leaders
who stand up for a clean, healthy future for America.'' The
very purpose of LCV is to campaign against anti-environmental
candidates, an action that a 501(c)(3) cannot engage in. LCV
does, however, make the claim that the LCV Education Fund is
a separate entity, committed ``to bring[ing] the environment
to the center of the public's attention as an issue critical
to good public policy and a healthy political system.''
In 2006, LCV had two 527 groups: the League of Conservation
Voters--SSF, and the League of Conservation Voters Inc. SSF--
527 II. These 527 groups were fined by the FEC for violating
the following three separate provisions: Failure to register
with the FEC as a PAC, failure to report contributions and
expenditures to the FEC, and knowingly accepting individual's
donations in excess of $5,000. (The FEC found that more than
$6 million of LCV's expenditures during 2004 violated the
$5,000 individual maximum amount restriction.)
The LCV was fined a total of $180,000 by the FEC. According
to an FEC press release, LCV received this fine for acting as
a clear political committee and violating federal election
law. The organization was required to disclose all current
and future contributions and expenditures and register as a
PAC should it engage in activities that qualified it as such.
The Wall Street Journal highlighted these violations in an
article published in December 2007. Following this incident,
the LCV restructured its organization into a 501(c)(4), which
allows the organization to run with fewer disclosure
restrictions.
Every election cycle, the LCV lists ``the Dirty Dozen,'' a
list of federal candidates for election or re-election whom
the LCV deems as environmentally unfriendly. The first list
was created in 1996, and contained four members of the
Senate, and eight members of the House. That year, LCV spent
$1.5 million ``sending two hundred and fifty-four pieces of
persuasion mail to targeted voters [and] running nine
thousand television and radio ads''
[[Page 21668]]
against the members of the ``Dirty Dozen'' which included
eleven Republicans and one Democrat. The one Democrat listed
on the ``Dirty Dozen'' regained his seat in the House that
year while seven of the Republican candidates on the list
were not re-elected.
In 1998, the ``Dirty Dozen'' list was comprised of eleven
Republicans and two Democrats. That year, the LCV spent a
total of $2.3 million on election campaigning, ``where our
efforts could provide the winning margin of difference.'' The
two Democrats on the list retained their seats and nine of
the eleven Republicans on the list were defeated.
In 2000, the LCV spent more than $4 million, ``the largest
expenditure in history,'' on the election. Their ``Dirty
Dozen'' list focused on eleven Republicans and one Democrat.
In that election cycle, seven of the Republicans on the list
were defeated; the one Democrat kept his seat.
Again, in 2002, the ``Dirty Dozen'' list was comprised of
eleven Republicans and one Democrat. LCV did not report how
much it spent on the year's election cycle. Five Republicans
on the list lost their seats while the one Democrat retained
his seat.
Two years later, in 2004, the ``Dirty Dozen'' list
contained twelve Republicans and one Democrat. LCV and its
affiliates spent a total of $16 million during that year's
elections targeting the 13 candidates. As in previous years,
the one Democrat on the list retained his seat while four of
the twelve Republicans were defeated. For the first time, in
2004, the LCV included a presidential administration on their
list. The LCV endorsed Senator John Kerry (D-MA) for
President.
In 2006, the LCV chose fifteen candidates for their ``Dirty
Dozen'' list. The list was comprised of thirteen Republicans
and two Democrats. While the two Democrats on the ``Dirty
Dozen'' list retained their seats, nine Republicans lost
their seats. During this election, the LCV asked viewers of
their web site to choose one candidate for the ``Dirty
Dozen'' list. The viewers chose Rep. Charles Taylor (R-NC) to
join the ``Dirty Dozen'' list. Taylor lost his seat in 2006
to Heath Shuler (D-NC). The LCV and its affiliates used its
extensive budget of $27 million on campaign activities.
At the time of this report, the LCV had yet to release a
completed version of the 2008 ``Dirty Dozen'' list. However,
it has released the names of nine individuals who will fill
up the ranks of the completed list. Of those nine, there is
one Democrat joining the ``Dirty Dozen.''
While there is no means of calculating or anticipating what
LCV will spend this year, as their budget has grown every
election cycle, they will most likely have at least the $27
million that they did in 2006.
For more than a decade, the LCV has produced its ``Dirty
Dozen'' list, targeting select Congressional figures. The
organization has operated under the guise of ``the
independent political voice for the environment,'' since even
before the publication of the ``Dirty Dozen''. To date,
eighty-three names have been placed on the LCV's ``Dirty
Dozen'', including seventy-four Republicans. By their
bipartisan claims, it would be expected that LCV's support
would be split evenly; however, almost 90 percent of LCV's
recommendations have been to remove Republican candidates.
The publishers of the ``Dirty Dozen'' have yet to name even a
dozen Democrats to their list in the past twelve years. It
has become increasingly apparent that the LCV has been
allowed to participate in partisan politics while conveying
the impression of objectivity. The organization, however
still continues to make the claim that they don't support one
political party over another.
NRDC
The Natural Resources Defense Council, Inc. is registered
as a 501(c)(3) organization. Like the LCV ``family of
organizations,'' it is also affiliated with a 501(c)(4)
organization, the NRDC Action Fund, and a 527 organization,
the Environmental Accountability Fund. By having at least one
of each category of tax-exempt organizations, groups can
essentially transfer wealth throughout their family of
organizations and remain virtually undetected. In its 2006
tax filing, Natural Resources Defense Council, Inc.
transferred $98,801 to NRDC Action Fund, and NRDC Action Fund
transferred $124,500 to undisclosed ``other organizations''
that same year.
Founded in 1970, NRDC purports to be the ``nation's most
effective environmental action group'' whose mission is to
``[t]o safeguard the Earth: its people, its plants and
animals and the natural systems on which all life depends.''
The NRDC uses grassroots efforts and the power of legal and
scientific expertise to achieve its goals, which they
describe frequently as ``independent.''
From 2001 through 2005, the NRDC reported on the Bush
Administration by creating the Bush Record. The Record
categorized Bush's presidency as an administration that
``will cater to industries that put America's health and
natural heritage at risk.'' The NRDC predicted that Bush
would continue ``to undermine environmental enforcement and
weaken key programs will be made.'' The organization gave up
the effort and stopped tracking the Administration's moves
after President Bush defeated Sen. Kerry in the 2004
election.
NRDC has also showed their party leanings in popular
culture. In an episode of the HBO long-running comedy, Curb
Your Enthusiasm, the NRDC was featured in connection with
Senator Barbara Boxer (D-CA). The episode, which features
Boxer as the event opener for the NRDC event, initially aired
on September 16, 2007. Boxer currently serves as Chairman of
the Senate Committee on Environment and Public Works.
At the time of this report, the NRDC had made no formal
declaration of support for a presidential candidate.
sierra club
The Sierra Club Foundation is a 501(c)(3) tax-exempt
organization with an affiliated 501(c)(4) group, Sierra Club.
There is also a 527 organization called the Sierra Club Voter
Education Fund, which claims to be a ``separate segregated
fund of the Sierra Club.'' The Sierra Club Foundation does
not claim affiliation with this 527 organization, however the
Sierra Club Voters Education Fund ``does not have its own
Board of directors, officers or trustees.'' In 2006, the
Sierra Club 501(c) organizations brought in more than $110
million and spent nearly $104 million; the Sierra Club Voter
Education Fund only brought in $60,000, but managed to spend
nearly $1 million.
The Sierra Club Voter Education Fund has a history of
receiving support from its ``unaffiliated and unpartisan
company'' of the same name and address. During 2002, the
Sierra Club Voter Education Fund reported total contributions
of slightly more than $3 million. During that calendar year,
the Voter Education Fund reported received $2.25 million, the
vast majority of their total revenue, in contributions from
the Sierra Club.
It's not hard to understand why the Sierra Club's web of
affiliations, or ``non-affiliations,'' becomes so
intertwined. A brief glimpse at the activities of Carl Pope,
Sierra Club's executive director, shows a tangle even more
convoluted than the organization that he spearheads. In the
past five years, Carl Pope has played a major role in the
following organizations: Sierra Club; California League of
Conservation Voters, executive director; Public Voice;
California Common Cause; Zero Population Growth, now
Population Connection, political director; America Coming
Together, founding member and treasurer; America Votes;
American Rights at Work; and America's Families United. In
addition to Pope's extensive organizational involvement, he
also co-authored a book, ``Strategic Ignorance: Why the Bush
Administration Is Recklessly Destroying a Century of
Environmental Progress.'' The Sierra Club continues to
maintain that it is an independent organization whose mission
is solely ``to receive, administer, and disburse funds
donated for tax-exempt, charitable, scientific, literary, and
educational purposes.''
The Sierra Club has a history of endorsing candidates for
political office. Currently, the Sierra Club has announced
that it will support Senator Obama's (D-IL) presidential bid.
While there is no reported activity yet from the
organization, Sierra Club has been historically known to run
television and radio advertisements both supporting their
candidate and criticizing the opposition. Additionally, at
the time of this report, Sierra Club announced its support of
thirteen candidates for seats in the United States Senate. Of
those thirteen candidates, none are Republicans. The
organization has also announced its endorsement of one
hundred and fifty-six candidates to the United State House of
Representatives. Of the candidates, four are Republicans.
Essentially, ninety-eight percent of Sierra Club's
endorsements favor Democrat candidates.
Greenpeace
Greenpeace USA presents itself as ``an independent
campaigning organization that uses peaceful protest and
creative communication to expose global environmental
problems.'' With two hundred fifty thousand members in the
United States (and 2.5 million worldwide) Greenpeace is
represented by Greenpeace, Inc., a 501(c)(4) organization,
and Greenpeace Fund, Inc., a 501(c)(3) organization. Through
those organizations, Greenpeace reported that it had raised
$11.5 million in 2006; its 501(c)(3) and (c)(4) collectively
reported contributions of $26 million for their 2006 tax
filings (which extend past the 2006 year).
Greenpeace, like other environmental activist organizations
has strong ties to other politically oriented groups. The
chairman of the Board of Directors, Donald Ross, is involved
in multiple organizations, including the LCV, where he is a
board member. Ross is also the founder of M+R, a campaign
strategy firm whose clients include, among others:
Environmental Defense Fund, LCV, and the Democratic
Congressional Campaign Committee. Greenpeace is also a client
of Earthjustice, the legal entity which represents the Sierra
Club, NRDC and Environmental Defense Fund. Additionally,
Greenpeace remains officially affiliated with the Partnership
Project, whose members also include Sierra Club,
Environmental Defense Fund, NRDC and LCV. While Greenpeace
may not make a Dirty Dozen list, or endorse hundreds of
Democratic candidates, it is affiliated and supports the
organizations that do. Furthermore, it represents those
affiliations to the rest of the world.
[[Page 21669]]
Environmental Defense Fund
Environmental Defense Fund (EDF) describes itself as an
organization that ``is dedicated to protecting the
environmental rights of all people'' by using a scientific
approach that is ``nonpartisan, cost-effective and fair.''
Environmental Defense Fund is represented by its family of
organizations, Environmental Defense, Inc., a 501(c)(3)
organization, and Environmental Defense Action Fund, Inc., a
501(c)(4) organization.
EDF is also intimately connected with other environmental
and political organizations. Frank E. Loy, Environmental
Defense Fund's chairman of the board, served as Clinton's
Under Secretary of State for Global Affairs. Until 2006,
Teresa Heinz, wife of Sen. John Kerry (D-MA), served on the
board of trustees for EDF. Heinz is also the current chairman
of Heinz Endowments, a part of the Heinz Family Foundation,
one of the nation's twenty-five largest charitable
foundations. This report will discuss the Heinz Foundation's
activities in more detail later. Current EDF trustee George
Woodwell also serves on the board of the NRDC.
Additionally, the trustees of EDF are connected with
partisan activities. Trustee Frank Loy currently serves as
one of Senator Obama's ``top environmental advisers'' for the
2008 Presidential Campaign. This past year, trustee Douglas
Shorenstein donated $272,100 to Democratic political
objectives, including the Hillary Clinton and Al Franken
campaigns. Trustee Joanne Woodward, wife of noted Hollywood
star Paul Newman, donated significantly to both the Clinton
and Obama campaigns.
EDF reported raising $71.8 million for the 2006 calendar
year, and reported receiving contributions totaling more than
$94 million during the 2006 IRS filing period (which extends
beyond the 2006 calendar year). Of that amount, the
organization spent $18.9 million to promote their stance on
climate change issues, and $19.5 collectively on land and
ocean environmental issues.
FOUNDATIONS
All of the above groups receive a significant amount of
their funds from foundations that regularly give to groups
with allied interests. Note that each foundation and charity
mentioned is also organized as a 501(c)(3) and is not able to
engage in campaign activities. These foundations, however, do
not have to make meaningful disclosures about the purpose of
their donations and grants or what happens to the money after
it is donated. Therefore, tracking such funds is impossible.
Many times these foundations donate significant funds to
other foundations who in turn donate significantly to
environmental groups. The Tides Foundation has a history of
making donations and grants to every environmental group
mentioned in this report. While neither the Pew Charitable
Trust nor the Heinz family of foundations has given directly
to all five mentioned groups, they have donated millions to
Tides, creating an interlocking system of money-changing,
with no transparency.
The following are a few of the foundations that regularly
give to environmental activist, ``nonpartisan,'' groups such
as those mentioned above.
Pew Charitable Trusts
Made up of seven different charities, the Pew Charitable
Trusts claims that it is an ``independent nonprofit'' that
``applies a rigorous, analytical approach to improve public
policy, inform the public and stimulate civic life.'' In
2004, Pew made the switch from a private foundation to a
public charity in order to provide the organization more
flexibility and range in their efforts. The switch to a
public charity gives Pew the ability to lobby on the federal
and state level, and combine certain resources required to be
separate when Pew was operating as a private foundation.
The switch to public charity also allows the organization
to spend the money generated on issues and in sectors not
originally intended by its founders. According to a 2004 Wall
Street Journal article, the foundation was set up ``to
disburse money to charities and research that the founders
believed reflected their values and priorities,'' not to
venture into the whims of the current directors.
The change in Pew's status allows the organization to
pursue more partisan activities than it had undertaken
previously. The Wall Street Journal article highlighted that
Pew, because of its status shift, would now be able to spend
five percent of its budget on lobbying efforts, funding ``a
lot of K Street lunches.'' With a $4 billion budget, that
means that Pew can spend $200 million in lobbying. This means
that ``Pew's shift promises to have a seismic impact on the
foundation and political worlds.''
Since the shift, Pew has given a substantial amount of
money to environmental activist groups directly, and through
other private funds that finance those groups. Pew
contributed $431,000 to EDF; $900,000 to NRDC; and $700,000
to the Partnership Project, which is a joint venture of the
nation's leading environmental groups. The Partnership
Project's membership includes such names as LCV, EDF, NRDC,
Greenpeace, and Sierra Club. Additionally, Pew gave more than
$7 million to the Tides Foundation. During that time, the
Tides Foundation contributed a collective $1.8 million to the
following organizations: EDF, LCV, Greenpeace, NRDC, and
Sierra Club.
Heinz Foundations
Based in Pittsburgh, the Heinz family of foundations is
made up of several different foundations. Two of the major
organizations within this empire are the Heinz Endowments,
and the Heinz Family Philanthropies (hereinafter collectively
referred to as ``Heinz''). In 2006, the Heinz Endowments
combined the Howard Heinz Endowment and the Vira I. Heinz
Endowment, two of the Heinz foundations more major funds,
with a common purpose ``to develop solutions that are
national in scope.'' The Heinz Family Philanthropies are made
up of three funds: The Teresa and H. John Heinz III
Foundation, the H. John Heinz III Foundation, and the Heinz
Family Foundation. The Philanthropies focus on three key
issues: healthcare and the elderly, environment concerns, and
advancing female opportunities in the workplace.
At the center of the Heinz empire is Teresa Heinz. She is
the current chairman of both the Heinz Endowments and the
Heinz Family Philanthropies. As previously stated, Ms. Heinz,
wife of Sen. John Kerry (D-MA), is known for her
environmental and political activities. When her husband ran
for President in 2004, the LCV publicly endorsed him--the
earliest the organization had ever endorsed a Presidential
candidate. LCV had previously received more than $57,000 from
Heinz donations, but made the assertion that the money had no
effect on their endorsement. Ms. Heinz oversees more than
$1.5 billion of Heinz foundation resources.
Heinz, like Pew, has a history of giving both to
environmental organizations individually, as well as to other
funds and private foundations that also donate significant
sums to environmental activists. Last year alone, Heinz gave
$160,000 to NRDC directly. Since 2002, Heinz has given a
total of $740,000 to EDF, LCV, and NRDC specifically. Over
the past five years, Heinz has also given $3.8 million to
Tides. Tides, as previously stated, has donated significantly
to all five of the mentioned environmental organizations, and
receives a bulk of their funds from foundations such as
Heinz.
Turner Foundation
Founded in 1990 by Ted Turner, the Turner Foundation is a
self-proclaimed ``private, independent family foundation
committed to preventing damage to the natural--water, air,
and land--on which all life depends.'' Since 1991, the Turner
Foundation has reported giving out $297.6 million in grants
to organizations ``aimed at creating a better world.'' In its
2006 filing, the Turner Foundation raised more than $12
million and contributed more than $8.6 million in grants.
The Turner Foundation focuses its philanthropic efforts
almost solely on environmental pursuits. In 2001, for
instance, Ted Turner co-founded the ``Nuclear Threat
Initiative,'' with former Democratic Senator Sam Nunn, to
combat the growing nuclear threat. In addition, the
Foundation has historically undertaken ``special projects''
which include the League of Conservation Voters Education
Fund and the Partnership Project.
Since 2002, the Turner Foundation has contributed more than
$2.9 million to the Partnership Project. The Turner
Foundation also contributed significant sums to several of
the mentioned members individually. Since 2002, the Turner
Foundation has given more than $1 million to the NRDC;
$778,875 to EDF; and $6.7 million to the LCV Education Fund.
conclusion
This report by no means paints a complete picture of
environmental activism and its political and financial ties
to election politics. There are additional activities that
the environmental groups mentioned participated in, and
additional organizations that the foundations mentioned
funded. Each of the groups cited, including the foundations,
are represented by a 501(c)(3) organization. Under this
structure, these organizations collect funds from individual
donors by representing themselves as unbiased, objective, and
nonpartisan. They are able to amass wealth because those
funds are tax-deductible to their donors.
Each of these organizations has also, both individually and
collectively, given numerous examples of their partisanship
activities. The LCV is, by its very nature, a partisan
organization. Additionally, its history has shown it to
consistently favor Democratic candidates. It is closely
followed by the Sierra Club, which is currently only giving
two percent of its support to Republican candidates this
year. The NRDC has gone on television showing its support for
a Democratic Senator. EDF has a board comprised of publicly-
disclosed advisors and financial supporters to the Senator
Barack Obama Presidential Campaign. Greenpeace, aside from
being affiliated with all the above organizations, is chaired
by a man who is directly associated with the Democratic
Congressional Campaign Committee. Furthermore, all of these
organizations are associated with each other through the
Partnership Project, which has consistently supported the
Democratic environmental platform.
[[Page 21670]]
In conclusion, as we turn to another election year, these
environmental groups continue to campaign in much the same
manner. With a presidential campaign in full swing, these
organizations and foundations are likely to wield an even
bigger sword than in years previous. Yet for all of the
activities that take place, both those mentioned above and
others, these groups remain unchecked. They continue to do
business under the scope of charitable organizations. While
it is not likely that their partisan habits are going to
change, the public should see these nonprofits for what they
are, and what they stand for.
Because of the complicated web of 501(c), 527, and PAC
organizations, it is clear that individuals who donate to a
501(c)(3) organization intending to contribute to the cause
of the organization, have no clear mechanism for verifying
that their donation was used for the cause. Unsuspectingly,
these donors may be contributing to partisan activities when
they originally intended their donation to aide an
environmental cause. Additionally, there is not sufficient
oversight over these organizations to police their political
and campaign activities.
The PRESIDING OFFICER. The Senator from New Mexico is recognized.
Mr. BINGAMAN. Mr. President, let me state my understanding of how we
are going to proceed now. I believe, in the spirit of going back and
forth, the Senator from Colorado has indicated he would agree that I
can go ahead and speak for up to 10 minutes as in morning business;
that he is going to be requesting 15 minutes to speak. At that time, if
Senator Feingold is here, I know he wanted to speak, too, and Senator
Bond has been waiting and wants to speak.
I gather maybe I should do a unanimous consent at this point that I
be allowed to speak for up to 10 minutes and then Senator Allard be
allowed to speak for up to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BOND. Mr. President, I ask unanimous consent that I be permitted
to speak for 10 minutes after Senator Allard.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from New Mexico is recognized.
____________________
ENERGY
Mr. BINGAMAN. Mr. President, let me take a few minutes to discuss
what we have been able to do with regard to energy policy in this
Congress and discuss where I believe we are headed in the next
Congress.
We began this Congress having passed, in mid-2005, the first
comprehensive Energy Policy Act in 13 years.
Mr. President, could I be advised when 8 of my 10 minutes has been
used?
The PRESIDING OFFICER. The Senator will be notified.
Mr. BINGAMAN. We passed the Energy Policy Act of 2005. That bill was
about 5 years in the making. It only became law because the chairman of
the Energy Committee at that time, Senator Domenici, took it upon
himself to work constructively across the aisle with Democrats, myself
and others, to put forward a bill both sides could embrace. In the
first session of this Congress, we followed up with a new comprehensive
energy bill, the Energy Independence and Security Act of 2007. That
bill was also the result of a strong bipartisan effort.
President Bush helped by putting forth some important policy
initiatives in his 2007 State of the Union speech, calling for more
production of alternative transportation fuels and for higher fuel
economy standards.
In the Senate Energy Committee, we were able to report a strong
energy bill that formed the basis for Senate action with a large
bipartisan majority. Other committees played a major role in different
parts of that legislation as well.
After a long and difficult process with the House, we were able to
come to closure on a financial piece of bipartisan legislation that the
President signed in December of last year.
The Energy Policy Act of 2005 was a good piece of legislation. The
Energy Independence and Security Act of 2007 was an even better piece
of legislation. Throughout much of 2008, energy issues have been
surrounded, unfortunately, by more partisan rancor as energy emerged as
a key concern for voters as an issue on the campaign trial.
This is an important reason why, despite so much floor discussion of
energy and energy-related topics, we do not have as much to show as a
result of our efforts as I would like.
When energy issues become politicized along party lines, it is clear
the Senate loses its ability to act in an effective way. I am pleased
that in the past few weeks we have begun to find a bipartisan way
forward on energy again. We have put together an energy tax incentive
package that has won very broad bipartisan support in the Senate. It
passed with a margin of 93 to 2.
The efforts of leadership, Senator Reid in the Senate, Senator
McConnell, Senator Baucus, Senator Grassley, and many others helped to
put this legislative package together. Also, we have made some
significant bipartisan progress on energy policy in the continuing
resolution, which I believe is coming up for consideration in the
Senate very soon.
The moratorium on offshore oil and gas exploration has been lifted
for much of the Outer Continental Shelf. That is a development I
support. We have also fully funded the direct loan program for
retooling the auto industry, permitting up to $25 billion in loans to
be made to help move our transportation sector into a cleaner and more
energy-efficient future.
This is important to our future national economic security. I hope
all these accomplishments make it across the finish line and actually
become law in the next few days. If they do, they will help set the
stage for what I believe to be a reemergence of bipartisanship on
energy after the election is behind us and as we reconvene this next
year as the 111th Congress.
I wish to make clear this morning my intention to push early and hard
in the new Congress to renew our commitment to an effective,
bipartisan, and comprehensive approach to energy policy. Despite the
successes we have had in this Congress, and in the past, there is a
great deal of work that remains to be done in order to secure our
energy future, an energy future that is adequate and affordable and
clean.
Let me talk about a few of the energy challenges we face in the next
Congress and that I hope to work on with my colleagues both on the
Democratic and Republican side. We have a real need to work on the
deployment of new energy technologies of all kinds, particularly with
the growing concern about global warming.
We need to make sure we are developing and putting in place a new
generation of clean, low-carbon energy technologies. These technologies
include renewable energy, and carbon capture, transportation and
storage and other low-carbon technologies relevant to the nuclear power
industry.
There is a global clean-tech revolution we can either lead in or we
can miss out on. I believe we need to make the investments here in the
United States to be leaders in this revolution.
Along with new clean energy technologies, we will need a modernized
energy infrastructure to make sure clean energy can be transported or
transmitted from wherever it is generated to wherever it is needed.
Without a major new focus on putting in place a 21st century energy
infrastructure, we will not be able to make the progress we need to
make to secure our energy security goals and our climate security
goals.
Along with new sources of energy, we need to make much more progress
on using energy wisely and efficiently. A major focus of our effort
needs to be made in the transportation sector. Many in the Senate have
talked about the need for another Manhattan Project or another Apollo
Project.
While I recognize that a different committee, the Committee on
Commerce and Science and Transportation, is largely responsible for
regulatory standards on fuel economy, there is a great deal our
committee, the Energy and Natural Resources Committee, can do to make
sure we have the right technology push for advanced vehicles. I see
that as a focus of our work in the next Congress as well.
We need to do more to improve energy usage in manufacturing,
buildings and commercial equipment and appliances. Our investments in
these areas
[[Page 21671]]
have been totally inadequate over the past decade. Our investments in
new energy technologies and innovation, new energy science and
engineering, on training the next generation of energy researchers and
technicians have been inadequate.
Finally, we need to include the functioning of our Federal agencies
and programs related to energy across the board. We need to develop
real strengths in the Federal Government in terms of working with
entrepreneurs and industry and markets in commercializing new energy
technologies.
One other area we obviously need to put a focus on is the area of the
recent scandals in the Minerals Management Service. This indicates that
a thorough examination is needed as to how that agency currently
functions, how its programs can be reformed so the taxpayers get the
value they deserve from the Federal oil and gas resources.
The PRESIDING OFFICER (Mr. Tester). The Senator has used 8 minutes.
Mr. BINGAMAN. I appreciate that notification. My colleague from
Alaska, the very valued senior member of our committee, Senator
Murkowski, is here and wanted to make a few comments about our plans
for the upcoming Congress.
I very much welcome her strong support for a bipartisanship effort,
and I yield the balance of my 10 minutes to her.
The PRESIDING OFFICER. The Senator from Alaska is recognized.
Ms. MURKOWSKI. Mr. President, I am pleased to be here to follow up on
the comments from the chairman of the Energy Committee.
As one of the senior members on the committee, I have had an
opportunity to work with him and Ranking Member Domenici on many of the
issues he has talked about, as we have tried to advance energy policies
for the country. One of the things we recognize on the committee
historically is there has been a very good, strong, bipartisan
relationship, working together to advance policy goals. The point has
been made that perhaps politics has intervened as we have tried to
advance some policies of late. I would like to think that as we begin a
new Congress next year, with the initiative before us that this country
needs and deserves a good, comprehensive energy policy that works for
the Nation, that gets us to a point that allows for a level of energy
security for us, that we will do so in a way that is cooperative,
collaborative, and that allows us to move the technologies and advance
the infrastructure that is necessary, that allows us to have policies
in place that not only provide for increased domestic production but
renewables and alternatives, with a focus on conservation--truly an
energy policy that works. I look forward to working with the chairman
in advancing these goals.
I thank the Chair.
Mr. FEINGOLD. I ask unanimous consent that after the remarks of
Senator Allard and Senator Bond, I be recognized for 30 minutes.
Mr. ALLARD. Mr. President, I object. Senator Bond had already asked
for time.
Mr. FEINGOLD. I said after Senator Allard and Senator Bond.
Mr. ALLARD. No objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Colorado is recognized for 15 minutes.
Mr. ALLARD. Mr. President, I thank the Senator from New Mexico, Mr.
Bingaman, for his leadership on energy, and also the Senator from
Alaska, Ms. Murkowski, for her leadership, as well as Republican
Senator Pete Domenici for his very strong leadership on energy over the
last number of years. This is an issue that is extremely important to
the country. I rise to talk about energy policy and some of the
thoughts I have been talking about since coming to the Senate. It is
important that we get the solution right.
I fully support what the Senator from New Mexico talked about, the
three goals he outlined for the next Congress. I will not be here. I am
retiring voluntarily. But I do support those goals. I hope we continue
to follow through with those goals; that is, an adequate supply of
energy, affordable, and that we have a clean source of energy to begin
to address some of our environmental problems.
When I first came to the Senate from the House of Representatives, I
had been a member of the renewable energy caucus. I came over to the
Senate and discovered that we did not have a renewable energy caucus to
support the staff and Members of this body. I began the process of
establishing a renewable energy caucus because I had come to realize
that not only was a balanced energy policy good for the State of
Colorado but also for the Nation.
In the State of Colorado, we have the Renewable Energy Laboratory,
which was focusing on new technology, whose main effort was to move
that technology--not only to discover it but also to move it to market.
That is an important step that happens so often in the research world.
Nobody looks at the practical aspect of moving scientific discoveries
into a market that will really serve the people.
This is a fabulous agency we have, a research agency in Colorado. It
naturally came on my shoulders to begin to organize the Senate
renewable energy caucus. We did this in a bipartisan manner. We were
able to get leadership from the Democratic Party to join me. As
cochairmen, we promoted the Senate renewable energy caucus. Over the
years, the membership built up. Our programs got stronger with the
support of renewable energy labs as well as support from renewable
energy industries and businesses throughout the country.
As time went on, we had a change in administration from President
Clinton over to President Bush. At the time, he was very strongly in
favor of the oil and gas industry and perhaps did not appreciate what
was going to be brought to the table with renewable energy. I had to
spend some time trying to convince this Republican administration that
it needed to appreciate a little more what renewable energy technology
was going to bring to this country, now and in the future.
When first coming to the Senate, I always believed we needed to
eventually get to a renewable energy economy, but we needed to do it in
a way that wouldn't destroy the economy. In other words, initially we
had to support new energy development--whether it was in hydrocarbons
or other sources of energy, whether it was nuclear, whether it was
coal, whatever--but we could not afford to take anything off the table
because we had to establish a bridge between older technology built on
hydrocarbons, an economy built on that, and build that into sort of the
new stage of energy independence. This is not something I was trying to
think about in the last year or two when we had the energy crisis, but
something I have been working on since coming to the Senate, thinking
that we needed to have that balance, that it was important for us to
move forward.
Eventually, the Bush administration became very supportive of
renewable energy. I am delighted to have them understand the importance
of renewable energy and what needs to be done as far as nuclear power.
On nuclear power, by the way, we have lost our infrastructure. A lot
of technicians who know how to operate nuclear powerplants, we have
lost, and we have exported our technology to France and England. I have
gone to those facilities and visited with them. They have been
supporting nuclear power, which allowed them to sign on to treaties
like the Kyoto Treaty which we did not pass in this Congress by a very
large margin because we understood that this country was not ready to
move forward yet. We understood at that time that we were exempting big
polluters in the world such as China and India.
We need to get ready because we need to be prepared to compete in a
world where the source of energy is going to be changing.
I continued to press for oil and gas development, which is important
to the economy of Colorado. It was important to the economy of this
country when I first came here, and it remains so. It is with interest
that I looked at the public employees' retirement accounts in the State
of Colorado. These are State employees. It is a retirement plan with
growth built on the stock market. A
[[Page 21672]]
large percentage of their investments today are in oil and gas. So if
we walk away from oil and gas development in the State of Colorado, we
would severely impact the retirement incomes of many of our State
employees.
We need to keep in mind how important oil and gas still is to the
economy and to retirement benefits. There are mandates in States such
as Colorado that say you have to invest those dollars in those areas
where you can get a good return. So by law in the State of Colorado,
they have to invest in oil and gas companies because they have a good,
safe return. That is probably going to be there for some time.
Clean coal, obviously, in Colorado and in the country remains
important. Clean coal in Colorado is used to dilute the softer coals so
that mainly communities on the eastern seaboard can meet their air
pollution requirements. We still have a need for that very inexpensive
source of energy, and we should not ignore it.
There are proposals to convert oil to liquids, which is extremely
important from a national defense standpoint. I know the Defense
Department is looking at this kind of technology so they can have a
reserve available in times of war or if, for some reason or other, this
country's reserve should be disrupted, pretty much like the naval oil
reserve we used to have in Colorado, which is now referred to as the
Roan Plateau, where much of our oil shale is today.
Natural gas remains important. Again, we are giving in to the lower
carbons which burn very cleanly. Colorado State University, which I
attended, is doing some remarkable research where they are growing
algae now that will grow and develop a diesel fuel. It is a biofuel. We
have a company in Berthoud, CO, to the south of where I live that has
taken the grease from restaurants and converted it to a diesel fuel.
This not only helps us get rid of a very problematic sort of discharge
that we have from restaurants, but it converts it into fuel. The
exciting thing about this company is they can operate without
subsidies. To me, that is really exciting. I hope we can continue to
get more companies of this nature to begin to work without having to
lean on the Government for the subsidies.
We are all familiar with ethanol and how that has developed over
time. There is a lot that can be done. We have talked about
hydrocarbons.
There is a lot that can be done in renewables. I see that development
happening in the State of Colorado.
We have communities that are using geothermal energy. This is where
they run pipes down into the ground. It provides either cooling and/or
heating into a building structure. It takes a certain type of geology
for that technology to work, but there are many areas in this country
where that can work. The environmental community doesn't like to talk
about hydroelectric power, but it is a renewable energy, and it is
something we should not forget. There are times when it is very
applicable to use hydroelectric power.
We have a large wind area in the Midwest involving Texas and Colorado
and Wyoming and Montana, parts of Nebraska, Utah, Nevada. These areas
are being looked at for wind technology. We have been hearing about it
throughout these debates.
Solar and hydrogen are two things that work well.
Obviously, we have legislation dealing with conservation and battery
technology. Senator Bingaman talked about the Energy bill of 2005. We
promoted all this to happen in that Energy bill.
I was extremely disappointed when last year's appropriations bill had
a rider in it that prevented us from developing Outer Continental Shelf
oil resources as well as oil shale in the State of Colorado. Oil shale
in Colorado is one of the largest potential reserves we have of
hydrocarbon fuel in the world. It is larger than all the known reserves
in Saudi Arabia. We should not mark that off. When we start
disregarding sources of energy, we run the potential of breaking down
that bridge that we need from traditional fuels to where we need to be
in the future with renewable sources.
Each year, we send over $700 billion overseas for fuel. Much of this
money goes to nations that are on less than friendly terms with the
United States. For both economic and national security reasons,
achieving energy independence should be one of our top priorities.
Yesterday, the House of Representatives took a step in the right
direction by approving legislation which would repeal the moratorium on
offshore drilling and on issuing oil shale regulations. This is an
important step that Republicans in the House and Senate have been
championing. Lifting the moratorium on the Outer Continental Shelf will
allow access to an estimated 18 billion barrels of oil and 76 trillion
cubic feet of natural gas. Lifting the moratorium on oil shale
regulations moves us one step closer to being able to access an
estimated 800 billion barrels of potentially recoverable oil. That is
more than the proven reserves, as I mentioned earlier, of Saudi Arabia.
It is one of the largest reserves in the world.
Taking these steps to increase our energy supply could not come at a
better time. Families across America are struggling with high fuel
prices. The cooler temperatures of fall are also making folks worry
about how the cost of home heating fuel is going to affect their
ability to make it through the winter.
As the Senate takes up the continuing resolution that was worked on
by the House yesterday, I am hopeful my colleagues will consider this.
I am not saying drilling is the only answer to our energy needs. As a
founder and cochair of the Senate renewable energy caucus, I know the
importance of using renewable energy. I was pleased the Senate passed
legislation yesterday that extended many important renewable energy tax
incentives.
I am a strong supporter of renewable energy, but we are not at a
point yet where renewable energy can meet all our energy needs. We
still need fossil fuels, which is why I support removing the Outer
Continental Shelf and oil shale moratoriums. With millions of Americans
struggling with high fuel prices, it is imperative that the Senate pass
a continuing resolution that does not contain these misguided
moratoria.
So I ask my colleagues to join me in working for a balanced energy
policy for this country that will not only help mean a more secure
America from a military aspect but also a more secure America from an
economic aspect. I urge my colleagues to join me in that effort in the
closing days of this session.
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri.
Mr. BOND. Mr. President, while he is on the floor, I commend and
thank the Senator from Colorado, Mr. Allard, for the great work he has
done on housing. I commend him also for his great leadership on all
aspects of energy. I join with him in recognizing the great
contributions of Chairman Bingaman, Senator Murkowski, and, of course,
Senator Domenici. We will miss his guidance and his leadership. But he
has made a great contribution, and we are most appreciative.
Mr. ALLARD. Mr. President, I thank the Senator from Missouri for his
comments and recognize his leadership, particularly on housing issues,
and I think he has some great ideas he is bringing forward.
____________________
FINANCIAL CRISIS
Mr. BOND. Mr. President, America is facing a financial crisis, and
last night the President made the case for immediate action. It is
critical we act now to protect jobs in Missouri and throughout the
Nation. It is critical we act now to keep families' checking and
college savings accounts safe. It is critical we act now to preserve
seniors' retirements. It is critical we act now and eliminate this very
real threat to our economy. If we do not solve this crisis, families
will not be able to get home or car loans, employers will not get the
day-to-day operating funds they need to meet payroll, the possibility
of new jobs will grind to a halt as spending and investment stops.
[[Page 21673]]
To fail to act is not an option. We must act now, but we must act
responsibly. Any rescue plan Congress approves to stabilize our
financial system must also increase accountability so we do not reward
those who put us in this situation. Any rescue plan Congress approves
must increase oversight so taxpayer dollars are protected and mistakes
are not repeated. And any rescue plan Congress approves must increase
transparency so Americans can know their money is safe.
I have heard from folks in my home State of Missouri, and they want
their Government to act now to keep this crisis from spreading from
Wall Street to Main Street. But the folks in Missouri also want to know
what their Government is going to do to protect their tax dollars.
I have heard from hundreds of Missourians, probably thousands, now
calling my office in DC, and in St. Louis, Kansas City, Cape Girardeau,
Columbia, Springfield, and Jefferson City. All of these people want
accountability.
They want to know their tax dollars are not going to be used to bail
out irresponsible executives who got us into this mess to begin with.
These Missourians know that when they lose a lot of money at their
jobs, they lose their jobs and they do not get bonuses for doing it,
which is why from the start I have been calling on the administration
to eliminate golden parachutes--no tax dollars for fat severance
packages for failed executives. I was glad to hear last night the
President state he now agrees. This is an important step in crafting a
responsible plan.
I have also stressed that there must be independent oversight of how
the Treasury handles the credit we extend. I will not agree to hand
over a blank check. I was pleased that the President now agrees there
must be oversight. That is another important step in crafting a
responsible plan. We also need to get taxpayer equity in participating
firms. Taxpayers should get something for their money.
Accountability and oversight, protecting taxpayer dollars--these are
Main Street values. These are values that were absent on Wall Street
when excessive greed and abuse of regulatory loopholes led to this
crisis. These are also values that were absent when investors entered
into investments they did not understand and some private citizens took
on debt they could not afford.
We must restore the Main Street values in Government, on Wall Street,
and in our private lives. We must also restore bipartisanship. I have
come to the floor a number of times to urge my colleagues to work
together across the aisle to solve this crisis for our Nation. Now is
not the time for partisan finger-pointing or partisan games. I have
been disappointed to hear many speeches on the floor, with political
talking points and in the press. Now is the time for quick and
responsible bipartisan action that will stabilize our economy, protect
taxpayers, restore accountability, and increase oversight to prevent
another emergency in the future.
While it is critical that we act now to address the financial crisis,
we also must look to long-term reforms to prevent another crisis in the
future. I have long been an advocate for stronger oversight of Fannie
Mae and Freddie Mac and a critic of those who were moving too slow to
impose reforms of Fannie and Freddie. I have said there must be more
effective oversight of GSEs.
But there is also another problem we need to address. I mentioned
that along with other things in the remarks I made last week, saying
what changes need to be made by legislation and by administrative
action and regulatory action.
(The remarks of Mr. Bond pertaining to the introduction of S. 3581
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. BOND. Mr. President, I thank the Presiding Officer, and I
appreciate the forbearance of my colleague from Wisconsin.
I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin.
Mr. FEINGOLD. Mr. President, I thank the Senator from Missouri.
____________________
RESTORING THE RULE OF LAW
Mr. FEINGOLD. Mr. President, last week we celebrated the 221st
anniversary of the day in 1787 when 39 members of the Constitutional
Convention signed the Constitution in Philadelphia. It is a sad fact,
as we consider that anniversary, that for the past 7\1/2\ years, and
especially since 9/11, the Bush administration has treated the
Constitution and the rule of law with a disrespect never before seen in
the history of this country.
By now, the public can be excused for being almost numb to new
revelations of Government wrongdoing and overreaching. The catalog is
really breathtaking, even when immensely complicated and far-reaching
programs and events are reduced to simple catch phrases: torture,
Guantanamo, ignoring the Geneva Conventions, warrantless wiretapping,
data mining, destruction of e-mails, U.S. attorney firings,
stonewalling of congressional oversight, abuse of the state secrets
doctrine and executive privilege, secret abrogation of Executive
orders, signing statements.
This is a shameful legacy that will haunt our country for years to
come. That is why I believe so strongly that the next President of the
United States--whoever that may be--must pledge his commitment to
restoring the rule of law in this country and then take the necessary
steps to demonstrate that commitment. That is why, also, I held a
hearing last week in the Constitution Subcommittee of the Senate
Judiciary Committee asking a range of legal and historical experts
exactly what the new President and the new Congress must do to repair
the damage done by the current administration to the rule of law.
There can be no dispute that the rule of law is central to our
democracy and our system of government. But what does ``the rule of
law'' really mean? Well, as Thomas Paine said, in 1776:
In America, the law is king.
That, of course, was a truly revolutionary concept at a time when, in
many places, the kings were the law. But more then 200 years later, we
still must struggle to fulfill Paine's simply stated vision. It is not
always easy, nor is it something that, once done, need not be carefully
maintained.
Justice Frankfurter wrote that law:
. . . .is an enveloping and permeating habituation of
behavior, reflecting the counsels of reason on the part of
those entrusted with power in reconciling the pressures of
conflicting interests. Once we conceive ``the rule of law''
as embracing the whole range of presuppositions on which
government is conducted . . . , the relevant question is not,
has it been achieved, but, is it conscientiously and
systematically pursued.
The post-September 11 period is not, of course, the first time that
the checks and balances of our system of government have been placed
under great strain. As Berkeley law professors Daniel Farber and Anne
Joseph O'Connell wrote in testimony submitted for the hearing on this
topic:
The greatest constitutional crisis in our history came with
the Civil War, which tested the nature of the Union, the
scope of presidential power, and the extent of liberty that
can survive in war time.
But as legal scholar Louis Fisher of the Library of Congress
described in his testimony, President Lincoln pursued a much different
approach than our current President when he believed he needed to act
in an extra-constitutional manner to save the Union. He acted openly,
and sought Congress's participation and ultimately approval of his
actions.
According to Dr. Fisher, Lincoln took actions we are all familiar
with, including withdrawing funds from the Treasury without an
appropriation, calling up the troops, placing a blockade on the South,
and suspending the writ of habeas corpus. In ordering those actions,
Lincoln never claimed to be acting legally or constitutionally and
never argued that Article II somehow allowed him to do what he did.
Instead, Lincoln admitted to exceeding the constitutional boundaries of
his office and therefore needed the sanction of Congress. . . . He
recognized that the superior lawmaking body was Congress, not the
President.
[[Page 21674]]
Now, of course, each era brings its own challenges to the
conscientious and systematic pursuit of the rule of law. How the
leaders of our government respond to those challenges at the time they
occur is, of course, critical. But recognizing that leaders do not
always perform perfectly, that not every President is an Abraham
Lincoln, the years that follow a crisis are perhaps even more
important. As Yale Law School Dean Harold Koh testified at the hearing:
As difficult as the last 7 years have been, they loom far
less important in the grand scheme of things than the next 8,
which will determine whether the pendulum of U.S. policy
swings back from the extreme place to which it has been
pushed, or stays stuck in a `new normal' position under which
our policies toward national security, law, and human rights
remain wholly subsumed by the `War on Terror.'
I could not agree more.
So the obvious question is: Where do we go from here? One of the most
important things that the next President must do, whoever he may be, is
take concrete steps to restore the rule of law in this country. He must
make sure that the excesses of this administration don't become so
ingrained in our system that they change the very notion of what the
law is. And he must recognize that we can protect our national
security--in fact, we can do it more effectively--without trampling on
the rights of the American people or the rule of law.
That, of course, is much easier said than done. But there is one
immediate step that, while it may be viewed as symbolic, is critically
important for the next President to take: stating clearly and
unequivocally in the inaugural address that he renounces the current
administration's abuses of executive power and that his administration
will uphold the rule of law. To be sure, this isn't the only subject
the new president should address, but it is among the most urgent.
Where he stands on executive power goes beyond policy and politics and
speaks to his respect for the Constitution itself. And a willingness to
raise this issue in the inaugural address will send a message, loud and
clear, to the American public, to Congress and to every level of
government that the days of lawlessness and excess are over.
Thomas Jefferson said this in his first inaugural address:
The essential principles of our Government form the bright
constellation which has gone before us and guided our steps
through an age of revolution and reformation . . . [S]hould
we wander from them in moments of error or of alarm, let us
hasten to retrace our steps and to regain the road which
alone leads to peace, liberty and safety.
I hope our next President will echo that sentiment in his inaugural
address. Indeed, demonstrating that commitment on day one will go a
long way toward reinstating what Ohio State University Law Professor
Peter Shane called a ``rule of law culture'' in government. As he
explained in his hearing testimony:
The written documents of law have to be buttressed by a set
of norms, conventional expectations, and routine behaviors
that lead officials to behave as if they are accountable to
the public interest and to legitimate sources of legal and
political authority at all times, even when the written rules
are ambiguous and even when they could probably get away with
merely self-serving behavior.
This cuts to the core of the problem that the next President will
face: After 8 years of disregard for the rule of law at the highest
level of government, how can we instill new norms and expectations
throughout the Federal Government? Stating that commitment in the
inaugural address will go a long way in that direction.
But it is not only a matter of a new President saying: Ok, I won't do
that anymore. This President's transgressions are so deep and the
damage to our system of government so extensive that a concerted effort
from the executive and legislative branches will be needed. And that
means the new President will, in some respects, have to go against his
institutional interests--a challenge that we cannot underestimate.
That is why I called the hearing last week on this topic--to hear
from legal and historical experts on how the next President should go
about tackling the wreckage that this President will leave behind. I
asked witnesses to be forward-looking--not to simply review what has
gone wrong in the past 7 or 8 years, but to address very specifically
what needs to be set right starting next year and how to go about doing
it. In addition to the testimony of the witnesses at the hearing, I
solicited written testimony from advocates, law professors, historians
and other experts. I was pleased that we received nearly 30 written
submissions from a host of national groups and distinguished
individuals.
At the hearing, we heard testimony from one of the foremost legal
scholars in the country about just how far outside mainstream legal
thought the current administration went. We heard comparisons to the
events leading up to the Church Committee's investigation in the 1970s,
from the man who served as chief counsel to that committee. We heard
from a former Republican Member of Congress about Congress's failure to
assert itself as a coequal branch of government. We heard from the
former head of the Justice Department's office of legal counsel about
the perversion of the law that was allowed to occur in that important
office. We heard from a former White House chief of staff about the
dangers of the excessive executive secrecy that permeated the
government under this administration. We heard from a leading national
security lawyer about the harm that post-9/11 domestic surveillance
policies have done to our national security. And we heard from the head
of one of the leading human rights organizations about the damage our
interrogation and detention policies have done to our reputation
abroad.
But most importantly, we heard from every one of these individuals
their specific prescriptions for moving beyond these mistakes--for
taking the steps that are necessary to restore our core American
principles.
Indeed, between the hearing witnesses and the written testimony that
was submitted, the subcommittee received an enormous number of
recommendations, including many provocative and important ideas. They
range from the general to the very specific, and they cover a variety
of subject matters, from government secrecy to detention and
interrogation policy to surveillance to separation of powers. I am very
pleased that so many experts took the time to offer these proposals.
Let me take a few minutes today to share some examples of the kinds
of recommendations that the witnesses provided, both those who
testified at the hearing and those who submitted written testimony.
Several suggestions reinforce my belief that the new administration
must set a clear tone of adherence to the rule of law from the start.
Mark Agrast of the Center for American Progress Action Fund suggests
that the President should convene a White House conference on the rule
of law, and pledge to work with Congress to give priority to measures
to restore public confidence in the rule of law. Former Solicitor
General Walter Dellinger argues that:
[T]he next President should . . . affirmatively adopt a
view of presidential power that recognizes the roles and
authorities of all three co-equal branches and that takes
account of settled judicial precedent.
Many of our witnesses are concerned about the impact of the last 8
years on the separation of powers, and specifically about Congress's
failure to stand up to the president as he asserted more and more
unconstrained power. Several strongly suggest oversight and
investigative hearings to determine what exactly happened. Frederick
Schwarz of the Brennan Center suggests an independent, bipartisan,
investigatory commission to assess what has gone wrong and what has
gone right with the Nation's policies concerning terrorism. Such a
commission would allow the public to get the full story of the abuses
of the Bush administration, providing accountability and a mechanism
for developing protections against future abuse that can be implemented
by the executive and legislative branches. The ACLU suggests more
narrowly focused oversight hearings in Congress to reveal illegal or
improper executive
[[Page 21675]]
branch activity, and argues that Congress must deny funding for
programs it believes are abusive or illegal.
Former Congressman Mickey Edwards, a Republican from Oklahoma, also
argues that Congress must use the power of the purse to assert its will
in interbranch disagreements. He believes that Congress should
aggressively utilize its subpoena power to get the information it
needs. Being able to enforce congressional subpoenas, of course, is an
important component of oversight, and several witnesses had suggestions
on that topic. Common Cause believes that the next president should
issue an Executive order mandating Federal agencies' complete
cooperation with congressional investigations. University of
Pennsylvania Law Professor Seth Kreimer argues that officials who
ignored legitimate congressional subpoenas should be prosecuted. The
Center for Responsibility and Ethics in Washington suggests that
Congress enact legislation granting jurisdiction to the Federal courts
over cases seeking enforcement of congressional subpoenas. And Bruce
Fein, a former Reagan administration official, believes a special
three-judge court should be created that could appoint an independent
counsel to enforce contempt findings against the executive branch since
the Department of Justice refused to enforce congressional subpoenas
during this administration.
Many of the suggestions from our witnesses focus on the
decisionmaking of our national security agencies. Stephen Aftergood of
the Federation of American Scientists suggests enhancing oversight of
intelligence agencies by using cleared auditors from the GAO. And Mark
Agrast advocates establishing a national security law committee within
the National Security Council to make decisions on legal issues related
to national security.
A crucial part of restoring the rule of law in the next
administration will be rebuilding the reputation of the office of legal
counsel. Walter Dellinger, joined by a prestigious group of former OLC
attorneys, provided detailed testimony on how that can be done. The
incoming attorney general should pay very close heed to this advice.
Another issue that almost every person or group mentioned in their
submissions is the problem of excessive government secrecy. This
problem permeates all of the other rule of law issues discussed at the
hearing. When the executive branch invokes the state secrets privilege
to shut down lawsuits, hides its programs behind secret OLC opinions,
overclassifies information to avoid public disclosure, and interprets
the Freedom of Information Act as an information withholding statute,
it shuts down all of the means to detect and respond to its abuses of
the rule of law--whether those abuses involve torture, domestic spying,
or the firing of U.S. attorneys for partisan gain.
With regard to this administration's overuse of the state secrets
privilege, University of Chicago law professor Geoffrey Stone and many
others recommend that Congress pass S. 2533, the State Secrets
Protection Act, which was reported out of the Judiciary Committee in
April. The bill takes the simple and obvious step of requiring courts
to review allegedly privileged documents to determine whether they
really are privileged.
To address the rampant problem of overclassification, several
submissions, including that of John Podesta from the Center for
American Progress Action Fund, urge the next President to rewrite the
executive order on classification to reverse some of the changes made
by President Bush to that order. In particular, President Bush
eliminated provisions that established a presumption against
classification in cases of significant doubt, that permitted senior
agency officials to declassify information in exceptional cases where
the public interest in disclosure outweighs the need to protect the
information, and that prohibited reclassification of materials that
have been released to the public. Contributors argue that these
provisions be restored.
On the issue of secret OLC opinions and other manifestations of
secret law, there is general agreement that legislation is needed to
require greater disclosure of the law under which the executive branch
operates. A number of submissions recommend the passage of 2 bills I
introduced this year: the Executive Order Integrity Act, which requires
the president to publish notice in the Federal Register when revoking
or modifying a published Executive order, and the OLC Reporting Act,
which requires the Attorney General to report to Congress when the
Department of Justice concludes that the executive branch is not bound
by a statute.
Finally, the National Security Archive and others address the proper
standard for disclosure of information under the Freedom of Information
Act. Attorney General Reno issued a memorandum in 1993 that contained a
``presumption of disclosure'': even if a document was technically
exempt from disclosure under FOIA, the Department of Justice would
defend the withholding only if disclosure would actually harm an
interest protected by the exemption. Attorney General Ashcroft reversed
that presumption in 2001. Contributors uniformly recommend that the new
administration immediately restore the presumption of disclosure.
The subcommittee also received numerous recommendations for reforming
our detention and interrogation policy. Detailed plans for
accomplishing the difficult task of closing the detention facility at
Guantanamo Bay were presented by Elisa Massimino of Human Rights First,
by the Center for Strategic and International Studies, by Harold Koh,
and by a group of 20 leading scholars. There is near- universal
agreement that Guantanamo should be closed. These thoughtful proposals
deserve careful consideration. A number of groups also recommend
dismantling the current system of military commissions, and instead
trying terrorist suspects in U.S. courts or military courts-martial.
With respect to interrogation practices, Princeton's Deborah
Pearlstein and others argue that the U.S. Government should have a
single, government-wide standard of humane detainee treatment.
Massimino suggests that the President and the Congress should invest in
efforts to pursue the most effective and humane means of intelligence
gathering. And Harold Koh emphasizes the importance of fully complying
with obligations under the Geneva Conventions and the Convention
Against Torture.
And finally, a number of recommendations were made on government
surveillance and privacy issues. National security lawyer Suzanne
Spaulding argues that the next administration should undertake a
comprehensive review of domestic intelligence activities and
authorities, to assess their effectiveness and to ensure that they
support, rather than undermine, the rule of law. She points to a number
of key issues for review, many of which were also mentioned in other
submissions as issues where changes need to be made.
These include the Foreign Intelligence Surveillance Act and the
related amendments made this summer; national security letters and
other Patriot Act authorities; the first amendment implications of
domestic spying activities; data mining and other data collection and
analysis activities; profiling in the name of counterterrorism; the
appropriate role of the many Federal, State and local entities that are
now involved in domestic intelligence gathering; and the need to
enhance transparency and oversight in all of these areas. This is a
long list, but Spaulding argues that too many of these powers were
created piecemeal, without consideration of how they fit together and
without adequate consideration for the need to respect civil liberties.
This is just a sampling of the careful and interesting proposals that
the subcommittee received. Taken together, these recommendations should
serve as an excellent source for both branches of government. While I
am not at this ge time going to propose a specific plan of action to
the next President or the next Congress, I am reviewing the legislative
proposals that have been submitted, and I hope my colleagues will take
advantage of them as well. I thank each and every person who made
[[Page 21676]]
the effort to submit these recommendations. They have done this country
a real service.
In January, I intend to present the full hearing record to the new
President, and urge him to take specific actions to restore the rule of
law. These recommendations should serve as a blueprint for the new
President so that he can get started right away on this immense and
extremely important job of restoring the rule of law.
It will not be easy. Even those steps that are almost universally
agreed upon, such as the necessity of closing the facility at
Guantanamo Bay, pose tricky legal and practical questions. And, of
course, there may be institutional resistance within the executive
branch to actions that are viewed as ceding power to the other branches
of government, no matter how unprecedented the executive power theories
that need to be undone. But as Suzanne Spaulding explained at the
hearing:
We have to demonstrate that we still believe what our
founders understood; that this system of checks and balances
and respect for civil liberties is not a luxury of peace and
tranquility but was created in a time of great peril as the
best hope for keeping this nation strong and resilient.
This is an important point, because the polices pursued by this
administration have not kept this Nation ``strong and resilient.'' They
have undermined national unity, diminished our international standing
and alliances, and hurt our efforts to counter the serious threat we
face from al-Qaida and its affiliates. By putting policies in place
that accord with basic American principles, we can strengthen our
national security as well.
As I said at the outset, it is the years that follow a crisis that
may matter most, that are the true test of the strength of our
democracy. So I hope that the next President will carefully review the
many recommendations that have been presented, because the future of
our democracy depends on it.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. LEVIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Michigan is recognized.
Mr. LEVIN. I thank the Chair.
(The remarks of Mr. Levin pertaining to the introduction of S. 3577
are printed in today's Record under ``Statements on Introduced Bills
and Joint Resolutions.'')
Mr. LEVIN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
SUPREME COURT POLICE ACT
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 956, S. 3296.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 3296) to extend the authority of the United
States Supreme Court Police to protect court officials off
the Supreme Court Grounds and change the title of the
Administrative Assistant to the Chief Justice.
There being no objection, the Senate proceeded to consider the bill.
Mr LEAHY. Mr. President, before the Senate is important legislation I
introduced months ago to extend for 5 years the authority of the U.S.
Supreme Court Police to protect Supreme Court Justices when they leave
the Supreme Court grounds. Senator Specter cosponsored this measure
with me. We have extended the Court police's authority to protect
Justices before, the last time in 2004. This authority expires at the
end of this year.
This is exactly the type of bill that should pass by unanimous
consent without delay. I hotlined the bill and it was cleared on the
Democratic side of the Senate for passage months ago, but I was told
that there was a Republican objection. Although I would prefer to pass
this measure clean, Senator Kyl has insisted on adding an amendment. I
will consent to this amendment because this bill needs to pass to
extend the Supreme Court police's authority. The time for passage is
now, without further delay.
Mr. REID. Mr. President, I ask unanimous consent that the Kyl
amendment at the desk be agreed to; the bill, as amended, be read a
third time and passed, the motion to reconsider be laid upon the table,
and any statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5645) was agreed to as follows:
(Purpose: To provide for a limitation on acceptance of honorary club
memberships by justices and judges)
At the end of the bill, add the following:
SEC. 2. LIMITATION ON ACCEPTANCE OF HONORARY CLUB
MEMBERSHIPS.
(a) Definitions.--In this section:
(1) Gift.--The term ``gift'' has the meaning given under
section 109(5) of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(2) Judicial officer.--The term ``judicial officer'' has
the meaning given under section 109(10) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(b) Prohibition on Acceptance of Honorary Club
Memberships.--A judicial officer may not accept a gift of an
honorary club membership with a value of more than $50 in any
calendar year.
The bill (S. 3296), as amended, was ordered to be engrossed for a
third reading, was read the third time, and pased, as follows:
S. 3296
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. UNITED STATES SUPREME COURT POLICE AND COUNSELOR
TO THE CHIEF JUSTICE.
(a) Extension of Authority of the United States Supreme
Court Police To Protect Court Officials Off the Supreme Court
Grounds.--Section 6121(b)(2) of title 40, United States Code,
is amended by striking ``2008'' and inserting ``2013''.
(b) Counselor to the Chief Justice.--
(1) Office of federal judicial administration.--Section
133(b)(2) of title 28, United States Code, is amended by
striking ``administrative assistant'' and inserting
``Counselor''.
(2) Judicial official.--Section 376(a) of title 28, United
States Code, is amended--
(A) in paragraph (1)(E), by striking ``an administrative
assistant'' and inserting ``a Counselor''; and
(B) in paragraph (2)(E), by striking ``an administrative
assistant'' and inserting ``a Counselor''.
(3) Administrative assistant to the chief justice.--
(A) In general.--Section 677 of title 28, United States
Code, is amended--
(i) in the section heading, by striking ``Administrative
Assistant'' and inserting ``Counselor'';
(ii) in subsection (a)--
(I) in the first sentence, by striking ``an Administrative
Assistant'' and inserting ``a Counselor''; and
(II) in the second and third sentences, by striking
``Administrative Assistant'' each place that term appears and
inserting ``Counselor''; and
(iii) in subsections (b) and (c), by striking
``Administrative Assistant'' each place that term appears and
inserting ``Counselor''.
(B) Table of sections.--The table of sections for chapter
45 of title 28, United States Code, is amended by striking
the item relating to section 677 and inserting the following:
``677. Counselor to the Chief Justice.''.
SEC. 2. LIMITATION ON ACCEPTANCE OF HONORARY CLUB
MEMBERSHIPS.
(a) Definitions.--In this section:
(1) Gift.--The term ``gift'' has the meaning given under
section 109(5) of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(2) Judicial officer.--The term ``judicial officer'' has
the meaning given under section 109(10) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(b) Prohibition on Acceptance of Honorary Club
Memberships.--A judicial officer may not accept a gift of an
honorary club membership with a value of more than $50 in any
calendar year.
____________________
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974
Mr. REID. Mr. President, I ask unanimous consent that the Committee
on
[[Page 21677]]
Health, Education, Labor, and Pensions be discharged from further
consideration of H.R. 2851 and the Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (H.R. 2851) to amend the Employee Retirement Income
Security Act of 1974, the Public Health Service Act, and the
Internal Revenue Code of 1986 to ensure that dependent
students who take a medically necessary leave of absence do
not lose health insurance coverage, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read a third time and passed, the motion to reconsider be laid upon the
table, and any statements relating to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 2851) was ordered to a third reading, was read the
third time, and passed.
____________________
QI PROGRAM SUPPLEMENTAL FUNDING ACT OF 2008
Mr. REID. Mr. President, I ask unanimous consent that the Finance
Committee be discharged from further consideration of S. 3560 and the
Senate proceed to its consideration.
The PRESIDING OFFICER. Without objection, it is so order.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 3560) to amend title XIX of the Social Security
Act to provide additional funds for the qualifying individual
(QI) program, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent that the bill be
read three times, passed, and the motion to reconsider be laid upon the
table; that any statements related to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3560) was ordered to be engrossed for a third reading,
was read the third time, and passed, as follows:
S. 3560
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``QI Program Supplemental
Funding Act of 2008''.
SEC. 2. FUNDING FOR THE QUALIFYING INDIVIDUAL (QI) PROGRAM.
Section 1933(g)(2) of the Social Security Act (42 U.S.C.
1396u-3(g)(2)), as amended by section 111(b) of the Medicare
Improvements for Patients and Providers Act of 2008 (Public
Law 110-275), is amended--
(1) in subparagraph (I), by striking ``$300,000,000'' and
inserting ``$315,000,000''; and
(2) in subparagraph (J), by striking ``$100,000,000'' and
inserting ``$130,000,000''.
SEC. 3. MANDATORY USE OF STATE PUBLIC ASSISTANCE REPORTING
INFORMATION SYSTEM (PARIS) PROJECT.
(a) In General.--Section 1903(r) of the Social Security Act
(42 U.S.C. 1396b(r)) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``, in addition to meeting the requirements
of paragraph (3),'' after ``a State must''; and
(2) by adding at the end the following new paragraph:
``(3) In order to meet the requirements of this paragraph,
a State must have in operation an eligibility determination
system which provides for data matching through the Public
Assistance Reporting Information System (PARIS) facilitated
by the Secretary (or any successor system), including
matching with medical assistance programs operated by other
States.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) take effect on October 1,
2009.
(2) Extension of effective date for state law amendment.--
In the case of a State plan under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) which the Secretary of
Health and Human Services determines requires State
legislation in order for the plan to meet the additional
requirements imposed by the amendments made by subsection
(a), the State plan shall not be regarded as failing to
comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session is considered to be a separate regular session of the
State legislature.
SEC. 4. INCENTIVES FOR THE DEVELOPMENT OF, AND ACCESS TO,
CERTAIN ANTIBIOTICS.
(a) In General.--Section 505 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355) is amended by adding at the end
the following:
``(v) Antibiotic Drugs Submitted Before November 21,
1997.--
``(1) Antibiotic drugs approved before november 21, 1997.--
``(A) In general.--Notwithstanding any provision of the
Food and Drug Administration Modernization Act of 1997 or any
other provision of law, a sponsor of a drug that is the
subject of an application described in subparagraph (B)(i)
shall be eligible for, with respect to the drug, the 3-year
exclusivity period referred to under clauses (iii) and (iv)
of subsection (c)(3)(E) and under clauses (iii) and (iv) of
subsection (j)(5)(F), subject to the requirements of such
clauses, as applicable.
``(B) Application; antibiotic drug described.--
``(i) Application.--An application described in this clause
is an application for marketing submitted under this section
after the date of the enactment of this subsection in which
the drug that is the subject of the application contains an
antibiotic drug described in clause (ii).
``(ii) Antibiotic drug.--An antibiotic drug described in
this clause is an antibiotic drug that was the subject of an
application approved by the Secretary under section 507 of
this Act (as in effect before November 21, 1997).
``(2) Antibiotic drugs submitted before november 21, 1997,
but not approved.--
``(A) In general.--Notwithstanding any provision of the
Food and Drug Administration Modernization Act of 1997 or any
other provision of law, a sponsor of a drug that is the
subject of an application described in subparagraph (B)(i)
may elect to be eligible for, with respect to the drug--
``(i)(I) the 3-year exclusivity period referred to under
clauses (iii) and (iv) of subsection (c)(3)(E) and under
clauses (iii) and (iv) of subsection (j)(5)(F), subject to
the requirements of such clauses, as applicable; and
``(II) the 5-year exclusivity period referred to under
clause (ii) of subsection (c)(3)(E) and under clause (ii) of
subsection (j)(5)(F), subject to the requirements of such
clauses, as applicable; or
``(ii) a patent term extension under section 156 of title
35, United States Code, subject to the requirements of such
section.
``(B) Application; antibiotic drug described.--
``(i) Application.--An application described in this clause
is an application for marketing submitted under this section
after the date of the enactment of this subsection in which
the drug that is the subject of the application contains an
antibiotic drug described in clause (ii).
``(ii) Antibiotic drug.--An antibiotic drug described in
this clause is an antibiotic drug that was the subject of 1
or more applications received by the Secretary under section
507 of this Act (as in effect before November 21, 1997), none
of which was approved by the Secretary under such section.
``(3) Limitations.--
``(A) Exclusivities and extensions.--Paragraphs (1)(A) and
(2)(A) shall not be construed to entitle a drug that is the
subject of an approved application described in subparagraphs
(1)(B)(i) or (2)(B)(i), as applicable, to any market
exclusivities or patent extensions other than those
exclusivities or extensions described in paragraph (1)(A) or
(2)(A).
``(B) Conditions of use.--Paragraphs (1)(A) and (2)(A)(i)
shall not apply to any condition of use for which the drug
referred to in subparagraph (1)(B)(i) or (2)(B)(i), as
applicable, was approved before the date of the enactment of
this subsection.
``(4) Application of certain provisions.--Notwithstanding
section 125, or any other provision, of the Food and Drug
Administration Modernization Act of 1997, or any other
provision of law, and subject to the limitations in
paragraphs (1), (2), and (3), the provisions of the Drug
Price Competition and Patent Term Restoration Act of 1984
shall apply to any drug subject to paragraph (1) or any drug
with respect to which an election is made under paragraph
(2)(A).''.
(b) Transitional Rules.--
(1) With respect to a patent issued on or before the date
of the enactment of this Act, any patent information required
to be filed with the Secretary of Health and Human Services
under subsection (b)(1) or (c)(2) of section 505 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) to be
listed on a drug to which subsection (v)(1) of such section
505 (as added by this section) applies shall be filed with
the Secretary not later than 60 days after the date of the
enactment of this Act.
(2) With respect to any patent information referred to in
paragraph (1) of this subsection that is filed with the
Secretary within the 60-day period after the date of the
enactment of this Act, the Secretary shall publish such
information in the electronic version of the list referred to
at section 505(j)(7) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C.
[[Page 21678]]
355(j)(7)) as soon as it is received, but in no event later
than the date that is 90 days after the enactment of this
Act.
(3) With respect to any patent information referred to in
paragraph (1) that is filed with the Secretary within the 60-
day period after the date of enactment of this Act, each
applicant that, not later than 120 days after the date of the
enactment of this Act, amends an application that is, on or
before the date of the enactment of this Act, a substantially
complete application (as defined in paragraph (5)(B)(iv) of
section 505(j) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 355(j))) to contain a certification described in
paragraph (2)(A)(vii)(IV) of such section 505(j) with respect
to that patent shall be deemed to be a first applicant (as
defined in paragraph (5)(B)(iv) of such section 505(j)).
SEC. 5. CLARIFICATION OF AUTHORITY FOR USE OF MEDICAID
INTEGRITY PROGRAM FUNDS.
(a) Clarification of Authority for Use of Funds.--
(1) In general.--Section 1936 of the Social Security Act
(42 U.S.C. 1396u-6) is amended--
(A) in subsection (b)(4), by striking ``Education of'' and
inserting ``Education or training, including at such
national, State, or regional conferences as the Secretary may
establish, of State or local officers, employees, or
independent contractors responsible for the administration or
the supervision of the administration of the State plan under
this title,''; and
(B) in subsection (e), by striking paragraph (2) and
inserting the following:
``(2) Availability; authority for use of funds.--
``(A) Availability.--Amounts appropriated pursuant to
paragraph (1) shall remain available until expended.
``(B) Authority for use of funds for transportation and
travel expenses for attendees at education, training, or
consultative activities.--
``(i) In general.--The Secretary may use amounts
appropriated pursuant to paragraph (1) to pay for
transportation and the travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business, of individuals described in subsection (b)(4) who
attend education, training, or consultative activities
conducted under the authority of that subsection.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect as if included in the enactment of section
1936 of the Social Security Act, as added by section 6034(a)
of the Deficit Reduction Act of 2005 (Public Law 109-171).
(b) Public Disclosure.--
(1) In general.--Section 1936(e)(2)(B) of such Act (42
U.S.C. 1396u-6(e)(2)(B)), as added by subsection (a) of this
section, is amended by adding at the end the following:
``(ii) Public disclosure.--The Secretary shall make
available on a website of the Centers for Medicare & Medicaid
Services that is accessible to the public--
``(I) the total amount of funds expended for each
conference conducted under the authority of subsection
(b)(4); and
``(II) the amount of funds expended for each such
conference that were for transportation and for travel
expenses.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to conferences conducted under the authority of
section 1936(b)(4) of the Social Security Act (42 U.S.C.
1396u-6(b)(4)) after the date of enactment of this Act.
SEC. 6. FUNDING FOR THE MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$2,220,000,000'' and
inserting ``$2,290,000,000''.
____________________
DEBBIE SMITH REAUTHORIZATION ACT OF 2008
Mr. REID. Mr. President, I ask unanimous consent that the Judiciary
Committee be discharged from further consideration of H.R. 5057 and the
Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the bill by title.
The bill clerk read as follows:
A bill (H.R. 5057) to reauthorize the Debbie Smith DNA
Backlog Grant Program, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I am pleased that the Senate will pass the
reauthorization of the Debbie Smith Act. I want to thank Senator Biden
for his leadership in the Senate in supporting this important program,
and I was pleased to work with him and others, as I have before, to
ensure that the Debbie Smith grant program is given the authorization
to continue its vital work.
I should take this opportunity to thank Debbie Smith for her courage
and for the tireless efforts of her and her husband, Rob, on behalf of
rape victims. In her own case, DNA testing led to the arrest and
conviction of her attacker, but the backlog of rape kits waiting to be
tested forced her to endure an excruciating wait before the culprit
could be found and justice could be done. The legislation that she
inspired and worked so hard to pass aims to ensure that other victims
do not have to live in fear through a long and unnecessary delay.
In 2004, after years of work, Congress passed a significant package
of criminal justice reforms known as the Justice for All Act, which
substantially increased Federal resources available to State and local
governments to combat crime with DNA technology. The Debbie Smith DNA
Backlog Grant Program was a key component of that legislation. I worked
hard for years to try to get the Debbie Smith Act passed, and I was
thrilled in 2004 to finally be able to call Debbie to tell her that our
hard work had paid off. I have pushed every year since for full funding
of this crucial program.
As DNA testing moved to the front lines of the war on crime, forensic
laboratories nationwide experienced a significant increase in their
caseloads, both in number and complexity. Funding simply did not keep
pace with this increasing demand, and forensic labs nationwide became
seriously bottlenecked.
Backlogs have seriously impeded the use of DNA testing in solving
cases without suspects--and reexamining cases in which there are strong
claims of innocence--as labs are required to give priority status to
those cases in which a suspect is known. Solely for lack of funding,
critical evidence remains untested while rapists and killers remain at
large.
The Debbie Smith DNA Backlog Grant Program has given States help they
desperately needed, and continue to need, to carry out DNA analyses of
backlogged evidence. It has provided a strong starting point in
addressing this serious problem, but much work remains to be done
before we conquer these inexcusable backlogs. That is why I so strongly
support reauthorization of this vital program.
Some in both Chambers have expressed a desire to expand and improve
this program and other DNA testing programs. I share those goals and
will work with others to pursue them next year. It is very important,
though, that we reauthorize the Debbie Smith program now, when we can
and should, and turn to more difficult tasks in the next Congress when
we will be able to give them the attention they require.
This reauthorization bill authorizes $755 million over the next 5
years to reduce the current backlog of unanalyzed DNA samples in the
Nation's crime labs. I am glad that the Senate has passed it, and I
hope the House promptly passes this version of the bill, and the
President promptly signs it. I hope too that Congress fully funds this
important program.
I want to make one point on the issue of rape kit testing, which this
legislation does so much to promote and which Debbie Smith has worked
so hard to make available for all victims of horrendous attacks. No
victim should ever be required to pay the cost of a rape kit.
Collecting and testing evidence from serious crimes is a responsibility
our Government and our community bears, and it should never be seen as
a revenue source for cities and towns. It appalls me that any official
in any community would condone such a practice, and I hope it will
stop.
I congratulate Debbie and Rob Smith on this key step toward the
reauthorization of this important program, and I look forward to
working with them to continue to find ways to protect women, assist
crime victims, and bring criminals to justice.
Mr. REID. Mr. President, I ask unanimous consent that a Biden
substitute amendment, which is at the desk, be agreed to, the bill, as
amended, be read a third time and passed; the motions to reconsider be
laid upon the table with no intervening action or debate; and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
[[Page 21679]]
The amendment (No. 5646) was agreed to, as follows:
(Purpose: to provide a complete substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Smith Reauthorization
Act of 2008''.
SEC. 2. GENERAL REAUTHORIZATION.
Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (c)(3), by--
(A) striking subparagraphs (A) through (D);
(B) redesignating subparagraph (E) and subparagraph (A);
and
(C) inserting at the end the following:
``(B) For each of the fiscal years 2010 through 2014, not
less than 40 percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).''; and
(2) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General for
grants under subsection (a) $151,000,000 for each of fiscal
years 2009 through 2014.''.
SEC. 3. TRAINING AND EDUCATION.
Section 303(b) of the DNA Sexual Assault Justice Act of
2004 (42 U.S.C. 14136(b)) is amended by striking ``2005
through 2009'' and inserting ``2009 through 2014''.
SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.
Section 304(c) of the DNA Sexual Assault Justice Act of
2004 (42 U.S.C. 14136a(c)) is amended by striking ``2005
through 2009'' and inserting ``2009 through 2014''.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 5057), as amended, was read the third time, and
passed.
____________________
METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2007
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 962, S. 1276.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 1276) to establish a grant program to facilitate
the creation of methamphetamine precursor electronic logbook
systems, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Methamphetamine Production
Prevention Act of 2008''.
SEC. 2. CLARIFICATIONS REGARDING SIGNATURE CAPTURE AND
RETENTION FOR ELECTRONIC METHAMPHETAMINE
PRECURSOR LOGBOOK SYSTEMS.
Section 310(e)(1)(A) of the Controlled Substances Act (21
U.S.C. 830(e)(1)(A)) is amended by striking clauses (iv)
through (vi) and inserting the following:
``(iv) In the case of a sale to which the requirement of
clause (iii) applies, the seller does not sell such a product
unless the sale is made in accordance with the following:
``(I) The prospective purchaser--
``(aa) presents an identification card that provides a
photograph and is issued by a State or the Federal
Government, or a document that, with respect to
identification, is considered acceptable for purposes of
sections 274a.2(b)(1)(v)(A) and 274a.2(b)(1)(v)(B) of title
8, Code of Federal Regulations (as in effect on or after
March 9, 2006); and
``(bb) signs the written logbook and enters in the logbook
his or her name, address, and the date and time of the sale,
or for transactions involving an electronic logbook, the
purchaser provides a signature using one of the following
means:
``(AA) Signing a device presented by the seller that
captures signatures in an electronic format. Such device
shall display the notice described in clause (v). Any device
used shall preserve each signature in a manner that clearly
links that signature to the other electronically-captured
logbook information relating to the prospective purchaser
providing that signature.
``(BB) Signing a bound paper book. Such bound paper book
shall include, for such purchaser, either (aaa) a printed
sticker affixed to the bound paper book at the time of sale
which either displays the name of each product sold, the
quantity sold, the name and address of the purchaser, and the
date and time of the sale, or a unique identifier which can
be linked to that electronic information, or (bbb) a unique
identifier which can be linked to that information and which
is written into the book by the seller at the time of sale.
The purchaser shall sign adjacent to the printed sticker or
written unique identifier related to that sale. Such bound
paper book shall display the notice described in clause (v).
``(CC) Signing a printed document that includes, for such
purchaser, the name of each product sold, the quantity sold,
the name and address of the purchaser, and the date and time
of the sale. Such document shall be printed by the seller at
the time of the sale. Such document shall contain a clearly
identified signature line for a purchaser to sign. Such
printed document shall display the notice described in clause
(v). Each signed document shall be inserted into a binder or
other secure means of document storage immediately after the
purchaser signs the document.
``(II) The seller enters in the logbook the name of the
product and the quantity sold. Such information may be
captured through electronic means, including through
electronic data capture through bar code reader or similar
technology.
``(III) The logbook maintained by the seller includes the
prospective purchaser's name, address, and the date and time
of the sale, as follows:
``(aa) If the purchaser enters the information, the seller
must determine that the name entered in the logbook
corresponds to the name provided on such identification and
that the date and time entered are correct.
``(bb) If the seller enters the information, the
prospective purchaser must verify that the information is
correct.
``(cc) Such information may be captured through electronic
means, including through electronic data capture through bar
code reader or similar technology.
``(v) The written or electronic logbook includes, in
accordance with criteria of the Attorney General, a notice to
purchasers that entering false statements or
misrepresentations in the logbook, or supplying false
information or identification that results in the entry of
false statements or misrepresentations, may subject the
purchasers to criminal penalties under section 1001 of title
18, United States Code, which notice specifies the maximum
fine and term of imprisonment under such section.
``(vi) Regardless of whether the logbook entry is written
or electronic, the seller maintains each entry in the logbook
for not fewer than 2 years after the date on which the entry
is made.''.
Amend the title so as to read: ``A bill to facilitate the
creation of methamphetamine precursor electronic logbook
systems, and for other purposes.''.
Mr. REID. Mr. President, I ask unanimous consent that the committee
substitute amendment be agreed to, the bill, as amended, be read a
third time and passed; the committee reported title amendment be agreed
to; the motions to reconsider be laid upon the table with no
intervening action or debate; and any statements relating to the bill
be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 1276), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
The title was amended so as to read: ``A bill to facilitate the
creation of methamphetamine precursor electronic logbook systems, and
for other purposes.''
Mr. DURBIN. Mr. President, I rise today to speak about the Senate's
passage of the Methamphetamine Production Prevention Act. This is
legislation I introduced with my colleague Senator Grassley to make it
easier for law enforcement to keep track of purchases of the
ingredients needed to produce methamphetamine. I am pleased that the
Senate has passed this important legislation by unanimous consent, and
I urge the House of Representatives to act quickly to take up and pass
the bill.
For years, the manufacture and use of methamphetamine have plagued
families and communities across Illinois and throughout the Nation.
Current Federal law limits the amount of meth precursor drug products
that a person can buy and requires pharmacies to keep a written or
electronic logbook recording each sale of a precursor product. The
point of these logbooks is to keep track of individuals' purchases so
they cannot buy amounts that exceed the limit. The only real reason to
purchase over-the-limit quantities of these products is for meth
production. So current law limits bulk purchases and requires
recordkeeping of transactions.
Unfortunately, meth makers have figured out how to avoid these limits
by ``smurfing.'' This is the practice of buying meth precursor products
in quantities above the limit by traveling to multiple pharmacies that
keep written logbooks and buying legal amounts at each one. It is
difficult and time-consuming for law enforcement investigators to find
these meth ``smurfs''
[[Page 21680]]
when the investigators have to go to each pharmacy and flip through the
paper logbooks to try to spot individual names. According to Illinois
law enforcement authorities, smurfing now accounts for at least 90
percent of the pseudoephedrine used to make meth in Illinois.
The Methamphetamine Production Prevention Act will help wipe out
``smurfing'' by making it easier for retailers to use electronic
logbook systems that can monitor sales of meth precursor products and
identify individuals who are illegally stockpiling those precursors.
When retailers collect their logbook information electronically and
make that information accessible to law enforcement, that information
can be used to identify and prosecute ``smurfs'' and meth cooks.
The Methamphetamine Production Prevention Act corrects several
technical hurdles in current Federal law that are prohibiting more
widespread use of electronic logbook systems. For example, the bill
gives retailers who use electronic logbook systems the option of
collecting purchaser signatures on paper, as long as those signatures
can be clearly linked to the rest of the sale information that is
captured electronically. This will provide tremendous cost savings for
retailers without hurting law enforcement efforts. Also, the bill
permits retailers to enter into their logbook system data about the
product name and quantity sold through electronic data capture
technology such as a bar code reader. This will help to speed up
transactions, and will help avoid transcription errors in the logbook
records.
Further, this legislation permits a retailer, rather than a
purchaser, to enter the purchaser's name and address and the date and
time of sale into the logbook system. It is difficult to design an
electronic logbook system where the purchaser is the one who ``enters''
his or her name, address, and the date and time of sale, as is required
under current law. My bill permits the retailer to input that
information, and then the purchaser must verify that the inputted
information is correct, for example by orally confirming the
information that the retail clerk reads back to the purchaser. The bill
would also permit this information to be captured through electronic
capture technology, such as a bar code reader or a software program
that records the date and time.
If we increase the use of electronic logbook systems, we will put a
stop to ``smurfing'' and cut off the flow of precursor chemicals that
supply meth labs in Illinois and throughout the country. That is why
law enforcement agencies such as the National Narcotics Officers'
Associations' Coalition, the National Criminal Justice Association, the
National Sheriffs' Association, and the National District Attorneys
Association want this legislation to become law. My staff and I have
also worked with the retail pharmacy community and the drug
manufacturer community on this legislation, and I am pleased that my
bill has received the endorsement of the National Association of Chain
Drug Stores and the Consumer Healthcare Products Association. I also
want to commend and thank Illinois attorney general Lisa Madigan and
Steve Mange, the head of the Illinois Meth Project, for their
assistance in crafting this legislation.
I thank my colleague from Iowa, Senator Grassley, for his leadership
on this issue and Senators Harkin, Bayh, Biden, Cantwell, Clinton,
Conrad, Feinstein, Johnson, Lincoln, McCaskill, Murkowski, Obama, and
Schumer for their cosponsorship.
The production of methamphetamine has plagued our communities for far
too long, and this legislation takes a critical step to stop it. I
thank my colleagues in the Senate for the unanimous passage of this
important bill.
____________________
RECESS
Mr. REID. Mr. President, there are things going on here in the
Capitol, just to alert Members, so I ask unanimous consent that we
stand in recess until 3 p.m. today, and that everyone should know that
we are going to come back and try to get consent to be in recess
because at 4 o'clock we have an all-Senators briefing by Secretary
Gates, Admiral Mullen, and Ambassador Negroponte.
People should be aware that if they have something to do or say, they
can come here at 3 o'clock. I think it would be more appropriate if we
were in recess until 5, but there has been an objection to that, so I
ask unanimous consent that we stand in recess until 3 p.m.
There being no objection, the Senate, at 1:07 p.m., recessed until
3:00 P.M. and reassembled when called to order by the Presiding Officer
(Ms. Klobuchar).
The PRESIDING OFFICER. In my capacity as a Senator from Minnesota, I
suggest the absence of a quorum.
The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. WHITEHOUSE. Madam President, I ask unanimous consent the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WHITEHOUSE. I ask unanimous consent that I may go beyond the 10
minutes for morning business to perhaps 12 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
RESPECTING REALITY
Mr. WHITEHOUSE. Madam President, we are working this week, many of us
working very hard this week--none harder than my friend and senior
colleague from Rhode Island, Jack Reed--to address a paroxysm in the
financial markets, one that has been a long time coming. During that
long time, people in Washington, over and over, missed opportunities to
prevent it. Make no mistake, this whole episode we are going through
now was preventable. This is a human failure not some natural disaster,
not economic inevitability. A political sellout to financial interests,
a sellout given intellectual cover by a toxic ideology of deregulation
appears to be at the heart of what happened. I was not here to see it,
but all the clues point to that.
This crisis is now past preventing. We have to fix it. It is a shame
on those responsible that it happened in the first place, but it is a
shame on all of us if we do not learn its lesson because there is more
to come.
In his famous ``Give Me Liberty Or Give Me Death'' speech, Patrick
Henry also noted:
We are apt to shut our eyes against a painful truth, and
listen to the song of that siren till she transforms us into
beasts.
We should heed these words from the earliest days of our democracy
and not shut our eyes to the painful truth of what has happened and not
shut our eyes to the painful truths that still lie before us. Folks
here have too often told Americans what they want to hear and too
rarely told them what they need to know.
There is no painful truth that Americans cannot deal with; there is
nothing Americans cannot solve--but not if we are not told what we need
to know. So we are now borrowing $700 billion because people here
refused to face a painful truth about our financial markets, about the
folly of deregulation. But that is just one of many painful, in some
cases inconvenient, truths that we confront today.
I remember sitting with the Presiding Officer, the distinguished
Senator from Minnesota, in the Environment and Public Works Committee
hearing the president of the Association of Health Directors of all the
States and territories across the Nation deliver the unanimous
statement of that association on global warming. It was a strong
statement, a stern and sobering statement. But most important, it was
unanimous. Yet in this Chamber some still ignore or deny the painful
truth of the changes befalling our planet.
Our capacity for denial, for artifice, and for self-delusion has
become dangerous. Phony doubts about global warming may hide the facts
of our planet's condition from our people, but the Earth doesn't care
about doubts. She will behave the way nature dictates, and the
consequences will be on all of us.
Phony theories of deregulation may have obscured the facts of the
financial
[[Page 21681]]
markets from us, but the markets don't care about our theories. If we
let them come to failure, they will fail. And now the consequences are
on all of us.
The painful experiences we are going through today are, for the Bush
administration, a rendezvous with reality. It is not the only one we
have coming, if we don't begin to govern in a reality-based
environment.
The $7.7 trillion debt that George W. Bush has run up as President--
there will be a rendezvous with reality on that. The $34 trillion
Medicare liability, which is just one symptom of our bloated and
unstable health care system--there will be a rendezvous with reality on
that. The $740 billion annual trade deficit the United States of
America is running--there will be a rendezvous with reality on that. An
energy policy that hemorrhages $600 billion a year to oil-producing
countries and puts us on the losing end of the biggest wealth transfer
in the history of humankind, all to keep big oil happy--there will be a
rendezvous with reality on that. There will be a rendezvous with
reality on the tons of carbon and greenhouse gases we are pumping into
our thin and delicate atmosphere. These rendezvous with reality will
come.
The only question for us is on what terms will we meet them. We can
decide: Will we be prepared or be caught flat-footed? Will we tackle
problems while they are still manageable or wait until they overwhelm
us? Will we address difficulty or face calamity? These are choices of
ours and they pose the question, Are we capable of reality-based
governing.
I ask these questions because there is a common narrative through all
these problems, and it is a perilous one to our democracy.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. I would like, through the Chair, to ask my friend from
Rhode Island if I can ask a unanimous consent?
Mr. WHITEHOUSE. I gladly suspend for the majority leader.
____________________
ORDER FOR RECESS
Mr. REID. Madam President, I ask unanimous consent at the hour of 4
p.m. we have a recess until 5:30.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. There is an all-Senators briefing starting at 4 o'clock. I
thank the distinguished Senator from Rhode Island, one of my good
friends.
Mr. WHITEHOUSE. I applaud the majority leader for the enormous, hard,
successful work he is doing in these hours.
The PRESIDING OFFICER. The Senator from Rhode Island is recognized.
Mr. WHITEHOUSE. Democracy as an institution will not do well if we
are all satisfied to be told what we want to hear and not what we need
to know. Democracy will not address problems well if our elected
leaders traffic in ideology instead of respecting reality. Reality
bites hard when she is ignored. Democracy will not flourish if leaders
tout for special interests instead of fighting for the public interest.
Democracy will suffer a terrible blow when the days of reckoning
come, when the rendezvous with reality occurs and our people,
particularly our young people, turn to us and say: How could you? How
could you not have warned us? How could you not have been square with
us? How could you have been so irresponsible?
As elected officials, we have a trust and we had better begin to
honor it. So as we grapple with the proposal for the biggest bailout in
history, a $700 billion patch on Wall Street and our credit market,
what do we look for next? What is the next wave that will hit? Well, I
fear the next internal wave we face could be credit card debt.
We have 115 million households in America. They have 1.2 billion
credit cards; 115 million households in America with 1.2 billion credit
cards. The total credit card debt that Americans will carry by the end
of this year will likely be $1 trillion.
To put that in context, our international gross domestic product is
only $14 trillion. With that many cards in use and that much debt piled
up, we now have a pretty fixed pool of credit card borrowers out there.
This is not an expanding market. The Bush economy has stressed this
pool of borrowers and stressed them hard.
The average middle-class family under age 55 makes $2,000 less than
when George W. Bush took office. Their average family expenses have
increased by $4,600 since George W. Bush took office. If you add the
two together, the average middle-class family is $6,600 a year worse
off after 8 years of Republican misrule.
So they are stressed. They are not whiners, as Senator Gramm, one of
the Presidential candidate's campaign advisers, said, and the economy
around them is not fundamentally sound, as one of our Presidential
candidates has busily been telling Americans until it had become too
preposterous to continue saying it.
So what happens to these stressed families? Well, the credit card
companies see a family stressed, and they see them as a worse credit
risk, so they raise their interest rates and they impose steep
penalties and fees. It is an industry where when you are down, they
make it even worse for you.
So now the family is more stressed. So they fall more behind, and a
vicious cycle emerges. Another vicious cycle operates right alongside.
One credit card company finds a new dirty trick to gouge the consumer,
so they make more money. Investors and competitors see them making more
money, and in a market economy, capital goes to the highest rate of
return.
So now all the other credit card companies have to copy them to
compete. So that credit card agreement gets more and more pages, longer
and longer, more tricks to hit you with fees, penalties, and rate
hikes. They get more devious and complex, and nobody can get off that
merry-go-round, because if they try, they will lose their competitive
position to the worst of the lot.
So you have two vicious cycles and they converge and together they
can drive credit card debt in only one direction. The tricks and traps
and rate increases and penalties and fees get worse and worse, driven
by the jungle force of competition among the credit card companies.
Struggling families see credit costs rising ever higher, driving them
further and further underwater, with no end in sight.
There is no present mechanism to interrupt these gathering forces.
Now, in a reality-based mode of governing, prudent men and women would
do something. There should be consequences when abusive lenders take
advantage of families in difficult circumstances.
This summer our majority whip, Senator Dick Durbin from Illinois, and
I introduced the Consumer Credit Fairness Act, legislation that would
provide a powerful incentive for loan companies to keep their rates and
fees at reasonable levels and would give borrowers leverage to
negotiate better terms. It would interrupt the vicious cycle.
But more can be done. For generations, for generations in this
country, the 50 States had the power to enforce their own what were
called usury laws, laws that limited the amount of interest that could
be charged to fair and nonabusive levels, and they were able to enforce
their usury laws against anyone. They were their citizens and they
could protect them.
Then, in 1978, in a fairly narrow decision, construing the National
Banking Act, the U.S. Supreme Court decided Marquette v. First Bank of
Omaha and decided that States could only set limits on the interest
rates and fees charged by in-state credit card companies.
So what do you expect would happen? Predictably, credit card
companies began moving to States with the weakest lending laws, with
the worst consumer protections, setting off what has become a race to
the bottom among credit card companies, all at the expense of
consumers.
I intend to propose that we restore to our sovereign States the
rights they historically enjoyed for two centuries, to set limits on
the interest rates and fees charged to their own citizens. It does not
seem like asking a lot. I will
[[Page 21682]]
soon be introducing legislation to accomplish this. I encourage my
colleagues to try to help me bring this to reality.
If we simply reempower the States to protect their own citizens from
unscrupulous lending practices, we can end the confluence of these two
vicious cycles before this situation, too, gets out of hand.
While the current economic crisis gives us this moment of clarity,
this moment of reality, this moment of reality-based governing, while
this $700 billion rendezvous with reality has our attention, before we
revert to claims that the No. 1 issue facing the United States is to
drill for more oil or whatever we get back to, while we have a moment
of honest focus, this is our chance to get ahead of one of these
problems.
We will still have the $7.7 trillion Bush debt to deal with, we will
still have the $34 trillion Medicare debt to deal with, we will still
have the $734 trillion trade deficit to deal with, we will still have
our energy hemorrhage to deal with, and we will still have global
warming to deal with, to name a few.
But let's get ahead of this one. Let's not mess up this one.
I yield the floor.
The PRESIDING OFFICER. The Senator from Georgia is recognized.
____________________
TRIBUTE TO LARRY MUNSON
Mr. ISAKSON. Madam President, earlier today I spoke on the floor
about the impending financial difficulties we are facing and the issues
before us. I come back not to repeat those remarks at all but, rather,
in this time of turmoil and stress, to recognize that all of us as
Americans, and Georgians in my State, in times of difficulty turn to
those institutions of faith and family that give them strength.
In Georgia, in the fall, there is another institution that gives us
strength, the University of Georgia football, the Southeastern
Conference, and a man named Larry Munson. On Monday of this week, Larry
Munson, at the age of 86, announced his retirement, after 43 years as
the voice of the Georgia Bulldogs.
He first started in Wyoming, moved to Tennessee, and in 1962, the
Atlanta Braves brought him to Atlanta to be the first announcer when
the franchise moved from Milwaukee. In 1996, Joel Eaves, the athletic
director, asked him to come to Athens. He became an institution not
just in Athens, not just in the Southeastern Conference but of
announcers around the world.
He is in the company of Chris Schenkel, Frank Jackson, and those
famous voices all of us have known in sports. But more than anything
else, Larry Munson coined phrases that now are listed in dictionaries
and history books for their uniqueness.
In 1981, when the University of Georgia upset Tennessee in Knoxville,
TN, on the last play of the game, he talked about how his ``Bulldogs
had stepped on and crushed the Tennessee faces just like they had on a
hobnailed boot.''
In 1982, when Georgia won the Southeastern Conference in Auburn, it
was Larry Munson who declared that ``sugar was falling from the skies''
as Georgia got an invitation to go to the Sugar Bowl.
Probably the most memorable, in 1980, when Herschel Walker, then a
freshman, scored his first touchdown of a storied career in college,
Larry Munson replied, as he announced the run: My goodness, he is
running over people. He ran right through people. And, oh, my goodness,
he is only a freshman.
These and so many more have endeared Larry Munson to the people of
Georgia, the Southeastern Conference, and collegiate gate football. So
on this day in the Senate, as all of us seek comfort in those things we
appreciate, love, and admire, I wish to express my appreciation to
Larry Munson and the contributions he has made to athletics in our
State and to the University of Georgia and wish him the very best in
the years to come.
God bless you, Larry.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DOMENICI. I ask unanimous consent that the order for the quorum
call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator is authorized to speak for up to 10 minutes.
Mr. DOMENICI. Madam President, I need 20, so I ask unanimous consent
for 20.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
TRIBUTE TO SENATORS
John Warner
Mr. DOMENICI. Madam President, I rise today with a heart that is not
totally joyful because I am going to be talking about four of my
colleagues who are leaving the Senate. Pretty soon, I will be talking
about my own leaving the Senate but not today. I will save that for
another day. The first one I want to talk about is John Warner of
Virginia. I have gotten to know him and his wife Jeanne.
It is with great pride and honor that I pay tribute to my friend and
distinguished colleague from the Commonwealth of Virginia, Senator John
Warner. He served in this body for 30 years; I have served for 36. So
the arithmetic is simple: I have been with him for all of his 30 years
in the Senate. He dealt almost exclusively, and with perfection, on
military matters. I did the budget for the Senate for a long time, and
I have been privileged to work for the last 5 years on energy matters.
In between, it was nothing but joy on my part to work on matters of the
Senate. I believe the same was true for John Warner, who not only
worked in military matters and worried about our troops, but he also
from time to time got over into public works.
Early in his Senate career, Senator Warner and I served on the
Environment and Public Works Committee. More recently, our work
together has centered on defense and national security and, as I
indicated, of late homeland security.
He earned the respect of his colleagues on both sides of the aisle
because of his unique ability to negotiate and foster positive working
relationships with fellow Senators. There was much being said about
working across the aisle and being bipartisan. Clearly, when things had
to be partisan because it was the nature of things, John Warner was a
partisan. But obviously, when it was a matter that pertained to
something that could be worked out between Democrats and Republicans,
one could bet that he was quick to raise his hand and lift it across
the aisle and work with Senators from the other side.
He has been a leader on a broad range of issues. As I indicated, he
is someone who makes me proud.
Prior to his five terms in the Senate, John served his country as a
United States Marine, was later appointed Under Secretary of the Navy
and was eventually appointed and confirmed as the 61st Secretary of the
Navy. Early in our Senate career, Senator Warner and I served on the
Environment and Public Works Committee together. Over the past several
Congresses, our work together has centered on defense, national
security and homeland security matters.
During his Senate, tenure John has earned the respect and admiration
of his colleagues on both sides of the aisle because of his unique
ability to negotiate, accommodate, compromise, and foster positive
working relationships with fellow Members. Through this approach, John
Warner has been a leader on a broad range of issues such as
strengthening our defense and national security, fighting the global
war on terrorism and decreasing carbon and other emissions globally.
While in the Senate, he dutifully served on the Armed Services
Committee, Intelligence Committee, Environment and Public Works
Committee, and Homeland Security and Governmental Affairs Committee.
John has been a long time colleague of mine, and I will dearly miss
him. The Commonwealth of Virginia has been fortunate to have John on
their
[[Page 21683]]
side. He has been an asset not only to his state, but also to our
Nation. In the course of working together for so many years, I have
developed genuine respect for Senator John Warner. I thank him for
years of distinguished service and wish him the very best in all his
future endeavors. My wife Nancy and I wish John and his wonderful
family all the best during his retirement.
Larry Craig
At this time I would like to take some time to talk about Senator
Larry Craig and to thank him for his service here in the Senate and for
his service and dedication to his home State of Idaho.
I have been fortunate enough to work with Senator Craig on many of
the same issues over the years. More often than not we were on the same
side of those issues. We worked for many hours together on energy
policy, and more specifically, nuclear energy policy. In addition, the
States we represent, New Mexico and Idaho, are similar in that they are
both in the west, are largely rural, have vast swaths of Federal land,
and are home to Federal research laboratories. These similarities--
between the States we represent--brought us together by way of common
interests on many of the same policy subjects.
Senator Craig and I served on the Appropriations Committee together
for many years. During that time, we worked together to make sure the
Departments of Energy and Interior were taken care of in terms of
funding. As many of us know, Senator Craig comes from a strong
agriculture background. At times we had to try to fend off, as best we
could, efforts to change the Milk Income Loss Contract program. The
changes to the program would have compromised dairy producers from each
of our home States. Dairy farmers in New Mexico and Idaho knew that
Senator Craig was a formidable ally for their cause, and I thank him
for his help and support.
As chairman and ranking member of the Energy and Natural Resources
Committee, I have always admired Senator Craig's command of public
lands policy. He has been a great leader on public lands issues
throughout his career and without the leadership of Senator Craig, we
would have never been able to pass the Healthy Forests bill in December
2003. It was also through his leadership we passed the Secure Rural
Schools and Community Self-determination Act which has been so
important to both our states. He led the Republican side on public
lands and forest issues as chairman or ranking member of the Public
Lands and Forest Subcommittee from 1995 until 2007.
Some of our most important work together took place in the nuclear
arena. Senator Craig has done a tremendous job of promoting nuclear
power as a safe, reliable and clean source of energy. I appreciate his
outstanding work on nuclear matters, and I appreciate his support and
encouragement along the way for my efforts in this important area.
Many people know that because of where we live and what we do in our
States, Senator Craig and I naturally work on similar matters. That is
as it turned out. I will talk about some matters that have been very
big for our country that are not natural to our States.
First, I served with him on the Committee on Appropriations for a
number of years. We worked together on energy policy and, more
specifically, nuclear energy policy. The States we represent are home
to national research laboratories.
As many of my colleagues know, Senator Craig comes from a strong
agricultural background. At times, we had to try to fend off, as best
we could, efforts to change the Milk Income Loss Contract Program,
called the MILC Program. That sounds like something we should all be
for. It turns out that dairy farmers in New Mexico and Idaho knew
Senator Craig was a formidable ally when it came to subsidies that
would help some and hurt others. We were generally on the hurt end
because we were smaller States that had that particular set of facts.
We worked hard on those issues. I learned to respect him greatly.
He led Republicans on public lands issues and forest issues as
chairman and ranking member of the Public Lands and Forest Subcommittee
from 1995 through 1997. This led to the enactment of the healthy forest
bill in December of 2003--I was part of that with him--and the Senate
Rural Schools and Communities Self-Determination Act, which was his. I
am sure most of the thinking to put it together was his. It was an
absolutely stellar bill that got assistance to schools across his State
and other Western States that lost some or all of their revenues for
their schools because of the curtailment of timber sales in the area.
He and the distinguished Senator from Washington worked together to get
this done.
Senator Craig and I have spent a great deal of time on matters
pertaining to nuclear power. Nuclear power is making a renaissance in
America. We will soon have many of them built in the United States. We
have more than any other country in the world, but we only get 20
percent of our electricity from nuclear power. Countries such as France
have gone way ahead of us and now have 75 to 80 percent. Other
countries of the world have as well, since America has made its bid,
saying: We are going to change our minds, for which I am very proud. I
took the lead in that, with Larry's help, and we have changed America.
With it has come a renaissance in nuclear power.
I wish him the greatest success in his retirement. I am sure we will
hear from him. He is too young to be quiet. He will be doing something,
and we will hear about it.
Chuck Hagel
I also wish to take this time to pay tribute to Chuck Hagel, the
senior Senator from Nebraska, who is retiring after serving for two
terms in the Senate.
Senator Hagel, a fourth generation Nebraskan, has served his State
and his country in many ways. He served as an infantry squad leader
with the U.S. Army's 9th Infantry Division and is a decorated Vietnam
veteran, having been awarded many honors including two Purple Hearts.
As a U.S. Senator, Chuck Hagel has served on four committees: Foreign
Relations; Banking; Housing and Urban Affairs; Intelligence and Rules.
During his time in the Senate, coinciding with mine, it has been my
pleasure to work with the distinguished Senator on issues affecting our
Nation. I can recall a chance meeting between a member of my staff, one
of my constituent groups from New Mexico and Senator Hagel, in which he
took time out of his busy schedule to speak with my New Mexico
constituents to offer his insights and share some very kind words. Such
a small genuine instance like this made all the difference in their
trip to our Nation's Capital.
As I said, when he came here, for some reason, I think I became one
of his very first friends. He must have decided that I was a big
chairman, and when I went on a trip with the Budget Committee to
Europe, I asked him if he would go, and he jumped to it. So we got to
know each other during the first 2 or 3 months of his term on a trip to
Europe where we learned about the new monetary system that was about to
take place in Europe. We did a number of other things together.
Obviously, he has been an exemplary Senator in all respects. He will
return to his State and to America filled with ideas and ready to do
other things for this great land. My wife Nancy and I wish Chuck and
his family all the best.
Wayne Allard
Now I rise to speak about Senator Wayne Allard from Colorado who
announced in January 2007 he would not seek reelection in 2008, keeping
his promise of only serving two terms. I would like to thank Wayne for
his service here in the Senate and for his service to the State of
Colorado.
In the course of working together with Senator Allard for many years
on the Senate Budget Committee and more recently on the Senate
Appropriations Committee, I have developed genuine respect for Senator
Allard. We have a lot in common, fighting for the interests of our
predominantly rural, Western States. Although we did
[[Page 21684]]
not always agree, we worked well together, and I valued his commitment
to his home State.
Senator Allard announced in January of 2007 that he would not seek
reelection in 2008, keeping his promise to serve only two terms. Some
of us were sorry that he did that. I was one. I would like to thank
Wayne for his service in the Senate, for his service to the State of
Colorado, my neighbor.
We worked together for many years on the Budget Committee. More
recently, we worked on appropriations. Colorado is my neighbor to the
north, and we have much in common in fighting for the interests of much
of our rural way of life that Western States have. At the same time, we
have growing metropolises with the problems of transportation and the
like, which he has spent much time on. He has supported many things I
have worked on. For that, I am grateful and thankful to him today.
He and his wife Joan will return to non-Senate life. I don't know if
he is going home. I haven't asked him personally. But wherever he goes,
it is obvious he will make an impact.
____________________
BANKING LESSON
Mr. DOMENICI. Madam President, I want to give a little history lesson
on banking. It is strange that I only served on the Banking Committee 2
years of my Senate life. That was when I filled in. I served and
learned a lot. But when this crisis came about, I decided that somebody
was going to teach me about what had happened since the Great
Depression. So I am going to try to do that as quickly as I can.
First, it is not time for partisan ideological finger-pointing.
Second, there is no plan that can emerge from any set of honest
deliberations that will be painless. We are undergoing a massive
deleveraging in the finance markets.
Third, I was chairman of the Senate Budget Committee when the
Resolution Trust Corporation was formed in order to curb the savings
and loan crisis of the early 1990s. That effort was also controversial.
I hope the plan that emerges from Congress and the administration does
the same for financial markets now. I recognize the difference between
the two. The first was much easier because there were many physical
assets we could look at and transfer title to, and people could feel
assets. I would say that, as a model, that terrible situation ended
with the Federal Government making money instead of losing money.
From everything I know about the proposal, the principal proposal put
forth by the executive branch through the two spokesmen who have been
working 24 hours a day nonstop, the chairman of the Federal Reserve, an
absolute expert in this field--it has been said over and over that he
knows much about recessions and he knows much about depressions. He
wrote his professorial doctorate thesis on the Great Depression. That
is why he talks as if he knows what happens in depressions. He has been
telling us what will happen if we go into a depression. Then we have
the Secretary of the Treasury, whom we all have gotten to know. He
apologizes profusely for not being a great speaker, but he has
presented a difficult plan and come a long way.
I, for one, hope we come to a resolution soon between Democrats and
Republicans and the White House, speaking through their spokesmen, and
send a signal to the American people that we know how to take care of
the financial markets--not Wall Street, the financial markets--of
America. The financial markets, not Wall Street, are plugged. They
don't work right now. They don't run. They are filled with toxic
assets. We have to get the toxic assets out or else we will have no
liquidity in the financing system.
Some say the basic problem goes back to 1933 and the so-called Glass-
Steagall Act that separated investment banking from commercial banking.
Some say that, to the contrary, if Glass-Steagall were still the law of
the land, we wouldn't have the problems we now confront. Both sides
cite great scholars, economic theorists, and market gurus, but both
Democrats and Republicans voted for the original Glass-Steagall. In
1999, under the leadership of President Clinton and Treasury Secretary
Rubin, Glass-Steagall was repealed. Now many say that repeal of Glass-
Steagall has caused the problem. I should note that Republicans
controlled the Congress then and Democrats controlled the executive
branch. Both parties played a role.
Some contend that the problem goes back to 1977, when Congress passed
the Community Reinvestment Act requiring that financial institutions
finance home purchases to borrowers who were historically deemed
unlikely to pay back the loans. The theorists say that when politicians
try to determine who is a good borrower, both the borrower and the
lender will suffer. I think we will look back on this effort to save
the system and that conclusion will become a reality. Let me repeat.
Some say that when we try to determine who is a good borrower and make
a determination rather than letting the market make the determination
as to who is a good borrower, we both suffer. Those who lend the money
don't get paid, and those who buy don't get what they bought. That is
sort of what has happened here. Many of those became the toxic assets
that we are now talking about. The Reinvestment Act, which both
Democrats and Republicans voted for, was an act that attempted to push
loans that were questionable in terms of whether the people buying
could ever pay them off.
Some say we should have seen this coming. They note that the savings
and loan crisis came not too long after the Garn-St. Germain Act of
1982 that loosened regulation of savings and loans in America. The law
drew the support of both Democrats and Republicans and was signed into
law by a Republican President. This argument says that when regulation
of Government-insured money loosens, the odds that extremely risky
behavior will occur increases.
During the last 10 years, as regulation of markets decreased,
globalization of markets increased. More and more complicated and
model-driven financial products were invented, and regulators clearly
lost the ability to analyze risk and to step in when necessary. Many
believe the Long-Term Capital Management debacle was an early warning
that financial mathematicians in the marketplace had gotten ahead of
the financial regulators. Warnings about the size and complexity of
derivatives of all sorts proliferated. Many policymakers asked aboutthe
size and complexity of these derivatives of all sorts and could not get
answers and could not understand some of that which they were being
told. Many policymakers and regulators assumed that the financial
companies themselves would realize that proper risk analysis was in
their self-interest and self-regulation would naturally occur. That
assumption has proved wrong. Many purchasers of these convoluted
products were reassured because rating agencies continued to give so
many of them AAA ratings. Instead of going through the extremely
difficult process of analyzing each and every component of each and
every product, purchasers depended upon the ratings agencies. So some
analysts now say it was the rating agencies that failed.
Finally, we all recognize that turmoil plagues all markets worldwide.
Many nations and institutions in many countries now own what are called
``toxic assets.'' I have just tried to describe them a minute ago.
Literally trillions of dollars of various complex financial products
are held by many banks, investment houses, pension funds, and insurance
companies in almost every developed nation. China has had to step in by
increasing Government shares of some banks. Russia closed down its
markets for 2 days and may spend as much as $120 billion to stabilize
its markets. Germany and the United Kingdom have had to devote billions
within the last 18 months to try to stem financial contagion. Serious
erosion of confidence in financial institutions threatens to freeze
credit, with all the disastrous consequences that holds for a financial
world built on easy, safe, transparent
[[Page 21685]]
credit. Now credit is hard, insecure, and opaque.
So, I will not pretend to know if the plan proposed by the
administration and some in Congress will solve the problem. Since no
one seems to know what shape this plan will take in the end, any
predictions seem foolish at this point. I do know that the size of the
potential market injury, and the consequences that the working man and
woman in this and other nations will suffer, compel serious, strategic
sovereign government action. Thus, I believe the warnings of a Federal
Reserve Chairman who probably knows as much about the financial
consequences of the Great Depression as anyone else in town, and the
warnings of a Treasury Secretary who used to head a Wall Street firm
that invented many of the instruments that now seem ``toxic.'' If they
don't know the severity of this problem, and if they cannot at least
give us a plan that will stabilize market behavior until a clearing
price for these assets emerges, then I suspect that no one can.
We will pass legislation that I guarantee you will be imperfect. All
sorts of objections from various industries and groups have already
filled cyberspace, and newspaper space, and air time. Ideological and
theoretical objections already fill the atmosphere. It seems to me that
the time for such almost theological discussions is long past. As a
Senator who has been here a long time, and seen many recessions and
market crises come and go, I only know two things: we are all to blame
in some form or other; and we need to act now, with a very large,
Government-led program, and with all prudent speed.
Madam President, I believe my time is about to expire.
I certainly hope we will pass something like what has been asked of
us by the executive branch, with five or six things that clearly are
necessary, that we find necessary as representatives of the people, but
that we get it done because we must save our own ability to lend
money--that is, our system of borrowing and lending--and the rest of
the world kind of waits on us also.
So this is truly a big one. As I said to my hometown paper, after 36
years in the Senate, on the last day or next to the last day of my time
here, I will vote on the most important issue I have ever voted on, the
most complex, and that costs the most--all in one shot. As I leave and
walk out, here will be behind me the most difficult issue we have faced
as a Nation. It is very hard for our people to understand it, but it is
a terrible one.
____________________
FERC
Mr. CORNYN. Madam President, I note that the distinguished ranking
member of the Committee on Energy and Natural Resources is on the
floor. I wonder if I might address a question to my good friend from
New Mexico. Many are alleging that one of the root causes of our
current financial distress stems from insufficient regulatory oversight
of financial markets. That is a criticism which some allege to be
applicable to our Nation's energy markets--the theory apparently being
that lax oversight has allowed speculators and manipulators to
artificially increase prices for oil and gas. Given that you were
Chairman of the Energy Committee at the time of passage of the Energy
Policy Act of 2005 I wonder if you might want to comment on the
regulatory authorities that were addressed in that act. As I recall,
EPACT significantly increased the Federal Energy Regulatory
Commission's ability to not only oversee markets but to punish
manipulation within those markets.
Mr DOMENICI. The Senator is absolutely correct. We enhanced FERC's
authority to police and prevent market manipulation and we increased
the Commission's authority to levy fines to $1 million per day. It was
our thinking that the potential for fines of this magnitude would serve
as a meaningful deterrent to market manipulation. While I am a long
time supporter of markets, I agreed to the grant of enhanced penalty
authority to the FERC as a step to ensure that those markets were
conducted fairly, openly, and without the exercise of market power by
any of the participants.
Mr. CORNYN. Madam President, I appreciate the comments of my
colleague, and I share his sentiment both toward the desirability of
markets and the need to ensure that those markets operate fairly and
efficiently. My specific inquiry relates to the standard of review
which attaches to any enforcement proceedings under these enhanced
authorities. While I agree with the need for greater oversight in the
operation of these markets, it seems to me that along with its enhanced
oversight authority the FERC has an obligation to protect the due
process rights for those against whom it might bring causes of action.
Did EPACT bring about any change in the standards of review which would
attach to enforcement proceedings under these new authorities?
Mr. DOMENICI. I think the Senator's question is well informed, and I
can assure him that there was no intent to change the standard of
review which would attach to any enforcement proceeding. The
longstanding practice has been for the accused party to have rights to
a de novo review of the charges in Federal court. Such rights are
necessary to ensure that the agency does not act as both prosecutor and
judge in any enforcement proceeding. That right is clear, not just in
the case law but in other statutes administered by the FERC, including
the Federal Power Act and the Natural Gas Policy Act. There is no
suggestion and there can be no inference that we intended to change
that standard with our enhanced market oversight provisions in the
Natural Gas Act.
Mr. CORNYN. I thank my good friend for that clarification and for the
wisdom he has brought to Federal energy policy.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mrs. DOLE. Madam President, let me say, first, following one of my
dearest friends in the Senate, I cannot tell you how much I admire and
respect this great man and how much he will be missed in the Senate.
Mr. DOMENICI. Madam President, I say to the Senator, thank you very
much, Senator Dole.
____________________
GAS SHORTAGES
Mrs. DOLE. Madam President, we all know high gas prices are the
source of tremendous frustration to individuals, families, and
businesses alike. I am greatly discouraged that yet another week has
gone by and no action on a comprehensive energy policy has taken root
in the Senate. Our country deserves better than the lack of leadership
in Washington that has been shown on this issue the past 2 years.
We need a comprehensive energy policy, but right now in North
Carolina we just need more gasoline. My State faces a gas shortage of
crisis proportions. In western North Carolina, Asheville-Buncombe
Technical Community College and Southwestern Community College have
both canceled classes for the rest of this week because students and
professors cannot get to class. My office has been assisting senior
citizens who need help getting to doctor appointments because public
transportation systems are struggling to meet increased demand.
Businesses are closing early, cars are being left on the side of the
road, and families are staying home just to conserve gasoline. The
ripple effects of this gas shortage are resonating throughout North
Carolina and the Southeast.
I know folks in western North Carolina are being particularly hard
hit, and I want them to know I have heard them and we are acting to
bring relief. My office has been in daily contact with constituents,
State and local officials, gasoline refiners and distributors, and our
Federal agencies. In response to the shortage, today my colleague,
Senator Richard Burr, and I have written to the Secretary of Energy
requesting him to tap the International Energy Agency's emergency
gasoline and diesel fuel supply. An IEA release can help alleviate some
of the supply constraints we are feeling in the United States. This is
a prudent and responsible step which is on the scale of
[[Page 21686]]
our efforts post-Katrina and Rita, and there is no reason the Secretary
of Energy should not take this action.
Additionally, Senator Burr and I have introduced legislation today
that will help prevent in the future a situation such as the one we
find ourselves in today. The Motor Fuel Supply and Distribution
Improvement Act of 2008 will reduce the proliferation of boutique fuels
and streamline the process of getting more affordable and reliable
product to western North Carolina, Charlotte, the Southeast, and across
the country. With this legislation, we will no longer have to rely on
an EPA Administrator to issue a waiver in times of crisis or be held
victim to a policy that creates hurdles to getting gasoline to
consumers when they need it most.
We also know this particular shortage is a result of Hurricanes
Gustav and Ike, which devastated the gulf coast and its infrastructure.
Being from a State that has been hit by its fair share of hurricanes,
my heart goes out to the people of the gulf who have endured far too
much disaster for one lifetime, and we will do everything possible to
support them and help them rebuild.
Of strategic consequence, however, the refinery and pipeline closures
in the gulf as a result of the storms highlight a glaring energy
security issue for our country. It makes little sense to have a quarter
of our country's refining capacity located so densely in one area. We
have far too few oil refineries in America, and right now in North
Carolina we are experiencing the harmful consequences of a policy that
has greatly inhibited the building of new refineries in America.
We need to get to work building new refineries right here at home. In
fact, for years I have been calling for streamlining regulations so
more refineries can get built, only to have special interests stand in
the way. The Gas Petroleum Rifiner Improvement and Community
Empowerment Act, or Gas PRICE Act, which I have supported since 2005,
would streamline the process for the construction and operation of a
refinery so we can build additional refineries and create new jobs in
North Carolina and throughout the Southeast. This is a sensible
approach that would expand refinery capacity and lower gas prices.
Significantly, with this plan, our country would no longer be so
dependent on one area to provide us with so much of our gasoline. As we
saw in the wake of Hurricanes Katrina and Rita, we need to expand
refining capacity and production so that even in the face of crisis
situations our fuel supply system continues to function and support
American businesses and consumers.
Now Hurricanes Gustav and Ike have reinforced that same message.
North Carolinians can no longer afford Congress's inaction on our
energy future. It is time to put the special interests aside and do
what is right for our country.
Madam President, I yield the floor.
The PRESIDING OFFICER. The Senator from Wisconsin is recognized.
Mr. KOHL. Madam President, I ask unanimous consent to speak in
morning business for approximately 6 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. KOHL. Thank you, Madam President.
____________________
WALL STREET BAILOUT
Mr. KOHL. Madam President, today we are facing a historic economic
crisis. We have been told by the Secretary of Treasury and the Chairman
of the Federal Reserve that we stand on the edge of a financial cliff
and that we are looking down on a potential disaster that this country
has not seen since the Great Depression. We have seen historic
financial firms and banks with household names swept away in a matter
of weeks. These massive changes have left the American people worried,
confused, and angry.
In the wake of this chaos on Wall Street, the administration has come
to Congress with a plan they believe will calm the storm. They came to
us with few details--only three pages. They told us we need to move
immediately, that delay was dangerous. We were told that oversight of
the bailout would be a burden and just slow everything down. We were
told to hand over the money and simply get out of the way.
The administration asked the American people for a $700 billion blank
check. Wall Street and the administration are asking hard-working
Wisconsinites to bail them out, to buy assets that no one wants, to go
further into debt to China so that banks and financial institutions can
avoid bankruptcy. My constituents, the people of Wisconsin, cannot
understand how we got to this point and why they should be asked to
foot the bill. They are furious, and I do not blame them.
I share their anger. As a businessman, I am shocked and appalled that
the supposed best and brightest on Wall Street allowed their companies
to purchase dangerous assets they did not understand, that these people
gambled with the money of millions of Americans, and now they expect
those same Americans to come to their rescue.
These supposed titans of Wall Street owe the American people an
explanation. We are being asked for the staggering sum of $700 billion,
but not one CEO has come to Capitol Hill to apologize for their part in
creating this awful mess. To add insult to injury, when Congress tried
to limit CEO compensation for firms that would benefit from the plan,
the administration resisted. They had the nerve to ask my
constituents--who make about $48,000 per household--for money while
they keep their multimillion-dollar salaries.
I think these CEOs need to come before Congress and explain how we
got into this mess--and to explain their role. Now, I know they are not
solely to blame. Regulators were asleep at the switch, the
administration believed in letting markets run wild, Fannie Mae and
Freddie Mac overextended themselves, and Congress failed to do adequate
oversight. But as a businessman who firmly believes in markets, I am
stunned that Wall Street engaged in the behavior that led us to this
point.
I hope Congress will call some of these CEOs who are most involved in
this meltdown to testify. The American people want to hear from them. I
think they owe us all an apology. They should also explain what they
plan to do in the future to make sure we never end up in this kind of
crisis again. They should tell us what kind of regulations they think
are necessary to avoid another crisis. It is the least they can do in
exchange for the risks the American people are being asked to absorb on
their behalf.
We have yet to see the details of this final bailout package. I am
reserving judgment. I understand the delicate situation we are in and
the risks we face, but I am wary of being rushed into a quick decision.
I would prefer a solution that does not provide the $700 billion all at
once but provides part of it now and more later, if necessary. We can
reconvene and raise the amount at any time with short notice, so I do
not see the necessity of providing everything upfront. Any bailout
needs rigorous oversight. We must limit CEO compensation, and it should
also give the taxpayers a chance to share in any profits that may
result.
This is not our money we are handing to Secretary Paulson. It is the
taxpayers'. I never forget who I am working for, and the people I serve
are furious they are being asked to give $700 billion to the very
investors who have made such bad decisions. No one wants to plunge the
economy into chaos, but we need to make sure we take our time and get
this right because if we do not, we will be back here again, and the
stakes will be even higher.
____________________
UNANIMOUS-CONSENT REQUEST--S. 3325
Mr. KOHL. Madam President, I am going to yield the floor, but before
I do, I ask unanimous consent that the Senate proceed to the immediate
consideration of Calendar No. 964, S. 3325; that the committee
amendments be withdrawn, a Leahy substitute amendment which is at the
desk be agreed to, the bill, as amended, be read a third time and
passed, and the motions to reconsider be laid upon the table, with no
intervening action or debate.
[[Page 21687]]
The PRESIDING OFFICER. Is there objection?
Mr. COBURN. Madam President, reserving the right to object, I would
tell the Senator from Wisconsin I agree with the purposes of this bill.
At the beginning of the 109th Congress, I held two hearings on the west
coast on the policy associated with our IPs. I am strongly supportive
of what you are doing. However, there is a conflict presently in
negotiations on this bill about metrics and oversight which has not
been worked out.
My consternation is we are going to put $300 million plus into this
program, but we are not going to force the Justice Department to tell
us what they are doing with it. Until such time as there are some teeth
to make the Justice Department do what we tell them to do and report to
us what they are doing, I am going to have to regretfully object. So I
therefore offer an objection.
The PRESIDING OFFICER. Objection is heard.
____________________
ORDER FOR RECESS
Mr. KOHL. Madam President, I ask unanimous consent that the Senate
recess until 5:30, following the remarks of Senator Coburn.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
INTELLECTUAL PROPERTY RIGHTS
Mr. COBURN. Madam President, I wish to expand a minute on the
purposes of this.
The American people should know we have a law called the improper
payments law where every agency is supposed to report to Congress every
year the amount of improper payments, both over and under, and how that
affects their budgets and their goals. Less than 50 percent of the
agencies file that report with Congress. The reason they don't is
because we don't make them. We don't say: Your funding is contingent
upon you following the law. So, regrettably, I objected to what Senator
Kohl--I actually agree with the things we are doing in the bill, but we
won't accomplish what we want to accomplish if we don't make the
Justice Department report to us and have metrics to see that the money
we are going to spend--not ours; actually, it is going to be the money
of the next generation--is spent wisely and is effective in doing what
we want to get done.
It is my hope before we leave here that we can work out a compromise.
I have spoken with Senator Specter. I have not had a chance to visit
with Senator Leahy. I intend to do that today. We have given in a lot
of areas on this bill, especially the spending amounts.
I also note the Justice Department ended last year with $1.72 billion
in unobligated balances. They are the only agency that gets to keep
their money, and they get to decide--not us--what they are going to do
with that $1.72 billion. So there is plenty of money in the Justice
Department right now to do this program.
We have to decide whether we are going to put teeth in what we tell
agencies to do. My hope is we will start doing that.
I was going to spend some time now talking about the continuing
resolution. I am going to reserve that and try to come back at a
different time and try to reach Senator Specter and Senator Leahy on
this IP bill in the hopes we can get something worked out.
With that, I yield the floor and note that we would obviously be in
recess.
____________________
RECESS
The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until 5:30 p.m.
Thereupon, the Senate, at 4:03 p.m., recessed until 5:34 p.m. and
reassembled when called to order by the Presiding Officer (Mr. Nelson
of Florida).
Mr. DURBIN. Mr. President, it is my understanding the leaders are
discussing the schedule for the rest of the day. Members are certainly
welcome to come to the floor if they want to make statements in morning
business. But in the meantime, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Ms. LANDRIEU. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
FLOOD DEVASTATION IN LOUISIANA
Ms. LANDRIEU. Mr. President, I know that throughout the Capitol, even
at this relatively late hour, there are many meetings going on as
Senators and members of the administration and House Members and
leadership and rank-and-file struggle with how to address some of the
major challenges before our Nation, both domestically and
internationally.
Of course, Mr. President, you are aware that while all of these
issues are going on, for those of us in the South, we have a special
mission, if you will, and our attention has been drawn in the last few
weeks to the terrible devastation that has occurred not just in
Louisiana, not just in parts of Mississippi, not just in Arkansas, but,
of course, in Texas as well, where not one storm, not really two, but,
Mr. President, as you are aware, three pretty major hurricanes,
starting with Fay, came through Florida with drenching rain, rain,
rain, and not just in the State of Florida because as that storm moved
its way up through the central part of our State, it flooded vast areas
of the central part of our country.
Then, as people were drying out and cleaning up from the wreckage of
these storms, with levees overflowing, creeks rising, farmers
struggling, and communities trying to keep dry, lo and behold, here
comes Gustav into the gulf, skipping Florida this time, no direct hit--
although you have been hit so many times in the last few years--but
slamming right into the coast of Louisiana, as ironic as it would seem,
literally almost to the day of the third anniversary of Katrina, which
was the worst catastrophe. And we say natural disaster, but actually it
was a manmade catastrophe because had the levees that we made held, the
city would not have gone underwater, or the region. So it was both a
natural and manmade disaster. On the third anniversary, Gustav comes
through, with its great tidal surge in south Louisiana. It caught part
of Mississippi, as well as a little bit of Texas, but it swept through
all 64 parishes in Louisiana with hurricane-force winds.
Now, this is not usual for us. We usually have terrible storms, such
as Hurricanes Rita and Katrina, without the levee breaks, where the
damage is localized to the southern part of our State. But not Gustav.
Gustav came through as a category III and then II, and then the winds
moved through our entire State. Louisiana was in that path.
Just as we were catching our breath and the lights were starting to
come back on after weeks, Ike comes roaring in--yes, directly into
Galveston and into that path of Houston, but, as you know, the eastern
bands are the worst, and to the east of Galveston and to the east of
Beaumont, lo and behold, lies southwest Louisiana and coastal Louisiana
yet again.
I tell my family that I feel as if--not just for me but the people I
represent--we are living literally the chapters of Job, I mean for the
last several years, just suffering after suffering after suffering.
This Congress has been very good, particularly the leadership now, to
step up. Even at times when, in my view, the administration turned a
cold shoulder for whatever reason, this Congress stepped up and did
yeoman's work, basically pushing forward on 100 percent reimbursement
when we needed it and, when there was some reluctance to do so at the
administration level, giving us more community development block
grants, and I could go on and on. We are very grateful.
But I had to come to the floor today, Mr. President, to speak again
on behalf of the 64 parishes in Louisiana and the southern part of our
State. Senators, of course, will speak for their own States,
[[Page 21688]]
but I am well aware, having been in conversations with Senator
Hutchison of Texas earlier today and Senator Blanche Lincoln from
Arkansas and other Senators, that the southern part of our State,
particularly when it comes to our rural areas and to agriculture, is
currently being overlooked, and I am here today to call attention to
this fact and to try to lay out some data for the record in hopes that
sometime before we leave here we might make a few corrections to this
situation because it would be tragic and devastating to not just
hundreds but thousands of families in these rural areas.
Right now, as I speak, people in these areas are looking out at their
fields and seeing complete and total destruction. These storms hit not
at planting time, not in the middle of the season, but at harvest time,
and because the Fay rains delayed the harvest--and, of course, you know
how our crops are harvested, Mr. President. You can't harvest crops in
the middle of torrential downpours, so the farmers who were ready
waited. We had beautiful crops in the field. We had soybean that looked
beautiful. We had cotton. Our sweet potato crop looked promising. We
are growing a lot more corn. In Louisiana, we grow it all. We are not a
State that grows just one crop. We have vegetables, but primarily it is
cotton, soybean, rice, and now our sweet potatoes are growing in many
more places, not just south Louisiana. So our farmers were literally
giddy with excitement. Only 4 months ago, we were thinking we were
going to have a Record, a banner agricultural year.
I am sure people were making plans for expansion and new investments
and perhaps even acquiring new land or expanding their lease
arrangements. Literally within a matter of 90 days, the world turned
upside down. The world seems to be turning upside down right now in
another sector, in the financial markets. As that world is turning
upside down, this Congress is turning with it and all attention right
now is focused on Wall Street and financiers and the lack of credit in
New York, on the east coast to the west coast. But I am here to tell
you there is a credit crunch, a credit crisis right now in the
heartland and nobody is talking much about this.
We have a $700 billion bailout bill under consideration. I have not
heard in the last 2 weeks from anyone--from the Fed to the White House
to many of the leadership here in Congress--about any kind of credit
crunch happening in small towns, on Main Streets, the heartland, the
backbone of this country when it comes to agriculture. I can tell you
there is a lot of anxiety and a lot of fear where I come from.
I visited some of my farms last week. I went up to northeast
Louisiana to see for myself. I have been getting calls, hearing some
dire reports, so I thought I better go look and see myself because I am
sure--I don't know, but I would venture to say there hasn't been
anybody from the U.S. Department of Agriculture up there lately. I
thought, since I am a Senator from Louisiana, I would go up and look
myself.
I am going to put up some pictures here because I was so taken by
what I saw that I had my staff blow up some photographs. This is the
rice crop in Cheneyville, LA. Of course it is completely ruined. The
rice is sprouting in the fields, unable to be harvested. These fields
are not able to be drained. That is the rice crop.
I want to show a picture of our cotton crop in north Louisiana. And I
have a few other photos to share about sugarcane, sweet potatoes, et
cetera. This is our cotton crop right here. Again, literally 8 weeks
ago this was the most beautiful cotton you could see, for miles and
miles. Louisiana, even though we talk a lot about tourism and we talk a
lot about the port and oil and gas, we are by nature a very strong
agricultural State. Not every State in the Union is such, but we are.
We have thousands of acres under cultivation. This is what our cotton
looks like. It cannot be harvested. The farmers who were desperate to
try to get in there and harvest what they could have been turned away
at the gin because the gin is unable to process this cotton. So we are
going to have 100 percent losses on some farms, 50 percent losses, 45
percent losses, at a time when the farmers have put every penny they
had into their crop, waiting to pull it out. At that moment the rains
came.
When you talk about a credit crunch, I know it may be tight on the
east coast and the west coast, but it could hardly get tighter than in
small places that I know of in Louisiana. I am sure this is true of
Texas and Arkansas.
We are not asking for $700 billion. We are not even asking for $50
billion. We are not even necessarily at this moment asking for $10
billion. But we have to have something before we leave. We have to have
something before we leave.
When I saw this, I thought surely the Department of Agriculture is on
top of this--because I have one staff person who does agriculture--one.
The Department of Agriculture--I don't know, but I am going to put in
the Record how many employees they might have. I am sure it is
thousands. I am going to put into the Record the exact number. So I say
to myself: Don't worry, Senator, there is a whole Department of
Agriculture out there. Surely the people whose job it is to record this
would have been down to either Louisiana or Texas or Mississippi or
Arkansas to take pictures and maybe help declare a disaster.
On Wednesday I had a hearing and asked the Secretary to come before
our committee, to ask him if he has the intention of declaring a
disaster in Louisiana. He said he was not sure. When I pressed him for
when he might declare a disaster, he did not know. They said they are
getting the figures in as we speak.
I have the figures from our Commissioner of Agriculture. I am going
to submit them for the record. But the preliminary figures that we have
been scrambling to get in the last few weeks, from L.S.U., and from our
research centers and extension service centers, say it is a minimum of
a $700 million loss just in Louisiana.
I know Texas is still struggling. The people just got back to
Galveston yesterday. We still cannot get into Cameron Parish, which is
the parish closest to Texas, along our border, because it is that
devastated and flooded. We only have 10,000 people who live there, but
it is a great farming and ranching community. Yes, I admit our numbers
are not completely in from Cameron. But it doesn't take a month to get
numbers from Richland Parish. It doesn't take a month to get numbers
from Madison Parish. I suggest somebody who works for the Department of
Agriculture might want to spend a little time looking at central and
north Louisiana so we can get our numbers in.
I thought not only would they do that, they would have declared a
disaster and we would have a program to help. You know what I found out
when I came back? We had created a program in the last farm bill--that
is the good news. The bad news is the regulations have not yet started
to be written.
Let me be clear. We passed a bill. There is a new program. They have
started very briefly to write these regulations but, according to the
testimony I received--I am going to submit the full testimony for the
Record--the regulations are ``not imminent.''
I will wrap up. I ask unanimous consent for 2 more minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Ms. LANDRIEU. The Under Secretary said--when I said, Could these
regulations be written in 3 months? Could they be written in 6 months?
Could they be written within the year?--Let me just say, Senator,
``they are not imminent.''
I said, What exactly does that mean? So our farmers have nowhere to
ask for help?
Well, that is about it.
That answer is not acceptable to this Senator. If we are dealing with
a credit crisis and can, in 5 days or 7 days, put together a $700
billion bailout for the financiers who bet on the price of cotton and
soybean and wheat and sweet potatoes and sugarcane, we most certainly
can spend a few days and a few billion dollars supporting the men and
women who actually grow it.
That is why I am going to spend some time today, tonight, tomorrow
[[Page 21689]]
and the next day, until I hear from the leadership--the Republican
leadership, the Democratic leadership, or from the leadership at the
White House--about what we can possibly do to get some help to farmers
in the middle of the country who need our attention.
The program that will help them, the regulations have not been
written. They can't even apply until next year. They have to go to the
bank next week. When they go to the bank, if we don't do something
here, the bank is going to say I can't lend you money because I can't
get it from the elevator, the elevator can't get it from the importer
or exporter, and it is a chain event that will result for the people
whom we all represent--who have not borrowed one penny inappropriately,
who were not engaged in subprime mortgages. All they do is work hard
before the Sun comes up and as it goes down they are still working; who
pay their bills and pay their mortgages. In their time of need this
Congress is going to walk out without leaving a few pennies on the
table for them? I don't think so.
I have brought this to the attention of the Appropriations Committee
in a letter I wrote several weeks ago. I guess the letter was not
written strongly enough to get the attention we needed, so I am going
to continue to speak and make phone calls and hold meetings and
organize as best I can a group of Senators and House Members who
represent the southern part of this country and the breadbasket of
America, the central interior part, to say while we are bailing out the
financial coasts, we have our energy coast, which is a whole other
speech that I could give, underwater, our rigs are toppled, now our
crops are down in the field down in the south, in the gulf coast, and
we cannot even get a quorum in a meeting to take care of this.
Let me say generally, the chairman of the Agriculture Committee, Tom
Harkin, has been very sensitive. I brought this matter to him and he
conducted a joint hearing with me, so I thank publicly Senator Harkin.
I thank Kay Bailey Hutchison for phone calls and meetings. I thank
Blanche Lincoln. I am sure there will be other Senators who can
recognize the damage done, not just to Louisiana but to their States as
well, and recognize that the program we have, the regulations have not
been written and it is not going to help.
Let me also mention Senator Kent Conrad who helped design that
program. He has said to me, and will probably speak on this, that he
recognizes the program that has been designed is not sufficient and we
do need special help.
I am going to conclude by saying I will be back on the floor in the
morning and many times throughout this weekend as we work through these
major bills on defense, homeland security, the Wall Street bailout. But
I am going to continue to press for some appropriate immediate relief,
targeted and specific to the counties and to the parishes and farmers
and farm communities that need the most help. Certainly these Americans
who have done nothing wrong but work hard and just got caught in a
confluence of terrible rains and bad storms can get the help they need.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Sanders). Without objection, it is so
ordered.
____________________
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATION ACT OF 2008
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Commerce Committee be discharged from further consideration of H.R.
6063 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 6063) to authorize the programs of the
National Aeronautics and Space Administration, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Nelson of Florida and Vitter substitute amendment, which is at the
desk, be agreed to; the bill, as amended, be read the third time and
passed, the motions to reconsider be laid upon the table, with no
intervening action or debate, and any statements related to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5648) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 6063), as amended, was read the third time, and
passed.
Mr. NELSON of Florida. Mr. President, we have just passed the NASA
reauthorization bill. It is noteworthy that next week, October 1, is
the 50th anniversary of the start of the National Aeronautics and Space
Administration, and if my colleagues will recall, that was 1958. My
colleagues may remember what was happening. The Soviet Union had
surprised us by putting into orbit the first satellite, Sputnik, and
America, in the midst of the Cold War among two superpowers, was
absolutely shocked that we were behind in our technology; that we could
not be premier. Then, lo and behold, 3 years later, they shocked us
again by putting the first human in orbit, Yuri Gagarin, for one orbit
when, in fact, we only had a rocket, the Redstone, that could get a
human into suborbit. Then, we put Alan Shepard and subsequently Gus
Grissom in suborbit, and then, in the meantime, the Soviet Union put
Titov into several orbits. Of course, the eyes of the world then
focused in on Cape Canaveral, when a young marine, one of the original
seven American astronauts, named John Glenn, climbed into that capsule
knowing that the Atlas rocket had a 20-percent chance of failure. He
rode it into the heavens for only three orbits. There was an indication
on the instrument panel that his heat shield was loose, and as he
started the deorbit burn, John Glenn knew that if that was an accurate
reading, on reentry into the Earth's fiery atmosphere, heating up in
excess of 3,000 degrees Fahrenheit, he would burn up. It is that
memorable time when we heard his last words before he went into the
blackout period on radio transmissions: John Glenn humming ``The Battle
Hymn of the Republic.'' It is hard to tell that story without getting a
lump in my throat.
Of course, what then happened, months before we flew John Glenn, we
had a young President who said: We are going to the Moon and back
within 9 years. This Nation came together. It focused the political
will, it provided the resources, and it did what people did not think
could be done.
A generation of young people so inspired by this Nation's space
program started pouring into the universities, into math and science
and technology and engineering. That generation that was educated in
high technology has been the generation that has led us to be the
leader in a global marketplace by producing the technology, the
innovations, the intellectual capital that has allowed us to continue
to be that leader.
So it is with that background that this Senator, who has the
privilege of chairing the Space and Science Subcommittee within the
Commerce Committee, wants to say: Happy birthday, NASA. We are sending
to the House of Representatives tonight this NASA reauthorization bill,
which will give the flexibility to the next President, and his designee
as the next leader of NASA, the flexibility in a very troubled program
that has not had the resources to do all the things that are demanded
of it to try to continue to keep America preeminent in space; also to
continue to have access to our own International Space Station that we
built and paid for; and then to chart
[[Page 21690]]
out a course for the future exploration of the heavens that will keep
us fulfilling our destiny of our character as an American people, which
is that by nature we are explorers and adventurers.
We never want to give that up. If we ever do, we will be a second-
rate nation. But we would not because we have always had a frontier, a
new frontier. In the development of this country, it used to be
westward. Now it is upward and it is inward and that is the frontier we
want to continue to explore.
So happy birthday, NASA. It is my hope that we will have the House of
Representatives take this up on their suspension calendar tomorrow.
I wish to give great credit to the staff who are in the room for the
majority and the minority. They all have worked at enormous overload--
Chan Lieu and Jeff Bingham. Jeff, despite the fact of having suffered a
heart attack earlier this year, and we didn't even let him out of his
recuperative bed but that I was on the phone with him getting him to
start corralling all these other Senators and House Members so we could
get a consensus, so we could come together in an agreement.
The result tonight is the fact that this has been cleared in a 100-
member Senate, when Senators are on edge and they are always looking
for something to object to, and there is no objection here, as ruled by
the Presiding Officer.
My congratulations to all the people, to the staff of the Commerce
Committee, and to the staff of the Science and Technology Committee in
the House of Representatives, chaired by Congressman Bart Gordon of
Tennessee. I am very grateful for everybody coming together and making
this happen.
Mr. VITTER. Mr. President, I am delighted to join my subcommittee
chairman, Senator Bill Nelson, in bringing this legislation to the
floor for consideration and passage. I share his belief that this
legislation is an important statement of overwhelming congressional
intent regarding the future of our Nation's civil space programs.
This statement, in the form of legislation we expect to have the
near-unanimous support of the Congress, comes at a crucial time for
NASA and its important programs. Not only do we, as authorizing
committee members, believe it is our responsibility to regularly and
consistently offer legislation to authorize appropriations levels, but
also to provide a policy framework and guidance for the effective and
efficient use of those appropriations. The passage of this bill will
represent the first time in over 20 years that NASA authorization bills
will have been adopted back-to-back by the Congress.
This week we celebrated NASA's 50th anniversary of the legislation
that brought NASA into existence on October 1, 1958, and began this
Nation's concerted effort to explore the heavens above us, and the
universe beyond.
NASA also finds itself at a unique moment in its history, where it is
undertaking a major shift in its contribution to the human exploration
and utilization of space. In just two more years, we will see the
completion of the International Space Station, which NASA has been
developing, in cooperation with its 16 international partners, to serve
as a unique laboratory in space--one that will finally be equipped with
its full complement of research facilities, and inhabited by a full
crew of six astronauts and researchers.
Three years ago, the Congress enacted legislation which, among many
other things, designated the U.S. portion of the space station--and the
roughly fifty percent of our partner-built laboratories that we are
allocated in exchange for launching and operating the station and its
modules--as a National Laboratory. Already we are seeing the interest
in using those unique orbiting facilities increase, as Memoranda of
Understanding have been signed between NASA and the National Institutes
of Health and the U.S. Department of Agriculture to pave the way for
their use of those facilities for research that will benefit life on
Earth. Other agreements have been signed and more are under
development. The research future of the space station is beginning to
shine brighter than it has in recent years.
NASA is preparing itself to turn its own focus outward from the
Earth, once it has completed paving the way for others to carry forward
the utilization of the space station and low-earth orbit. This
legislation, like its predecessor in 2005, underscores the
congressional commitment to see that new mission move forward--and even
more quickly than currently planned, in terms of developing the
postshuttle vehicles that will enable that new Vision for Exploration.
I am especially pleased that this legislation includes the clear
recognition of a unique and important facility in my own State--the
Michoud Assembly Facility--the important role it will play in the
development and production of the space shuttle replacement vehicles,
as it has done for over a quarter of a century in the space shuttle
program. It includes language that will help to clarify the details of
that role, for Michoud and for the other NASA facilities and Centers
that most directly support human space launch development and
operations, such as the nearby Stennis Research Center, the Marshall
Space flight Center, Johnson Space Center, and, of course the Kennedy
Space Center.
All of these facilities--and their extremely talented and capable
employees--are facing what could be a difficult transition, as one
system winds down and another grows up to take its place. This
legislation demonstrates that the Congress is aware of the fear and
uncertainty that can accompany such a transition, and includes initial
steps we have taken to mitigate these concerns and address the impacts
of such redirection of work and skills. We must act quickly and
effectively to minimize the disruption of jobs--and people's lives and
livelihood. Some of those impacts are already being felt, in Michoud
and other facilities, as certain of the activities to support the space
shuttle program are already winding down. The legislation includes
language to help us know, well in advance, when more of those kinds of
changes will occur, so that we can monitor them and ensure the tools
and resources are in place to deal with them.
We have also been able to address the situation that has arisen
recently as the result of concerns about availability of Soyuz vehicles
to ensure we can have crew access to the space station--and a crew
escape capability should it ever become necessary for the crew to
quickly return to Earth. While specific steps are being taken in other
legislation to address this issue, which is outside the jurisdiction of
the Commerce Committee, our bill will ensure we will retain the option,
at least, to continue space shuttle flights for some period of time,
should that prove to be necessary to ensure effective use of the space
station. The bill ensures that such an option is preserved, at least
until the end of April, next year, so that the new administration and
the Congress will have time to consider the need or desirability of
taking that step. And the bill includes a provision that will ensure
the Congress will have the results of a study already under way within
NASA, which would identify and quantify a range of options for
continued shuttle operations over a range of time periods.
An important message this legislation is intended to send is that
NASA should have the resources it needs to carry out the unique and
valuable programs that it is asked to conduct for the American people.
Those programs include a wide range of activity beyond human
spaceflight. Space Science, such as carried out by the Hubble Space
Telescope and the other Great Observatories, and the incredible success
of Martian rovers and interplanetary probes, are not only exciting and
thrilling to watch, but, like their human spaceflight counterparts,
help inspire entire generations to pursue science, technology,
engineering and mathematics in school--and help guarantee the Nation's
strong leadership role in the global community of nations. NASA's Earth
science programs provide answers about our own spaceship Earth that are
essential to help us understand and use the resources our
[[Page 21691]]
earthy home wisely and understand the true nature of our impact on the
environment, and ways we can help mitigate those impacts responsibly.
Research in advanced concepts in aeronautics carried out by NASA
plays a key role in ensuring the safe and efficient operations of our
aviation industry, and in identifying the new technologies and systems
that will drive the future developments of aeronautics systems and
vehicles that we cannot even imagine today.
In short, the legislation provides a balanced level of funding and
emphasis on all of NASA's key missions. To do all of these things, we
have increased the authorized funding levels for NASA more than $2
billion above the amount requested for fiscal year 2009. We do not do
so with the expectation that such an increased level of funding will be
able to be appropriated. We understand the fiscal challenges we all
face and I am among those who has and will always stand for reducing
the size of government and ensuring that the government moves more in
the direction of doing only those things that cannot be done by the
private sector.
I believe that what NASA does, when it works at the leading edge of
science and exploration, is doing things that no other entity, public
or private, can do. We must be sure to always be alert, however, for
opportunities for NASA to help private and commercial entities use the
new technologies and techniques developed in research to place
themselves in a position to move into areas once seen as the purview of
NASA--such as the commercial orbital space transportation system,
intended to enable private entities to provide launch and cargo--and
one day crew--delivery to and from the International Space Station.
This legislation includes provisions to help ensure the expanded
development of a commercial space industry that can effectively--and
economically--operate in both low-earth orbit and eventually
participate in the exploration of the Moon--and beyond.
I believe we need to view the funds authorized to accomplish NASA's
objectives more as investments than simply expenditures. We have had 50
years of experience which demonstrates that money invested in NASA
programs yields technology gains and scientific excellence that has
provided massive returns on that investment. One doesn't have to look
very far to see the benefits to mankind from those programs. To list
them all--even the obvious ones--would take volumes.
In years past, there have been efforts by private economic experts to
quantify the value returned to the economy of this Nation from the
product of NASA research and exploration. Those estimates have ranged
from $7 to $9 returned to the economy for every dollar spent by NASA.
Such estimates are hard to prove beyond a shadow of doubt and are based
on assumptions that mayor may not be valid. But even if they are wildly
exaggerated, and the return on investment is only something like $1
back to the economy for every dollar spent. How many government
programs could one say that about?
I have described some of what I believe to be the very important and
positive aspects of the legislation and the agency programs and
initiatives it supports. We also have important and difficult issues
that will need to be addressed which we have not been able to fully
deal with in this bill. Many people are deeply concerned about the fact
that, between the retirement of the space shuttle, planned for 2010,
and the availability of the Ares 1 Rocket and the Orion Crew
Exploration vehicle, there could be a 3- to 6-year gap, during which
this nation would not have the capability to independently launch
humans into space. That this period of time--however long it proves to
be--would begin, under the present plan, precisely at the time we have
finally completed the space station and it is available for research
and scientific uses, makes that gap even less acceptable. It makes
little sense for us not to be able to get U.S. scientists and
astronauts there to conduct the long-awaited research that can only be
done in that unique microgravity environment.
As I mentioned we have attempted to address part of that problem in
language and authorized funding that would accelerate the development
of shuttle replacement vehicles. That addresses the ``back end'' of the
gap. But I would like to have seen more flexibility in the bill to
enable the assessment of other options, besides extension of the
shuttle program, or even in combination with that, to develop
alternative capabilities in the short-term. We were unable to preserve
the flexibility we had started with in our reported bill during the
preconferencing and negotiations with the House leading to the
agreement on the language we are presenting today. But I hope we will
be able to more thoughtfully and fully address that issue as we begin
next year to develop the next NASA Reauthorization Act.
I believe this legislation represents a strong and important message
of support for ensuring the United States maintains its leadership
position in space exploration. I remind my colleagues that the
substitute amendment we are offering has been fully agreed to in
advance by the House Science Committee, and the amended House bill can
be swiftly accepted by the House when we return it to them, and sent to
the President before this Congress adjourns for the year. I urge my
colleagues to support passage of our substitute amendment to the House
bill.
____________________
GREAT LAKES LEGACY REAUTHORIZATION ACT OF 2008
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Senate proceed to the immediate consideration of H.R. 6460, which
was received from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 6460) to amend the Federal Water Pollution
Control Act to provide for the remediation of sediment
contamination in areas of concern, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that a
Levin amendment, which is at the desk, be agreed to, the bill, as
amended, be read a third time and passed, the motions to reconsider be
laid upon the table, with no intervening action or debate, and that any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5649) was agreed to, as follows:
(Purpose: To limit the duration of reauthorization)
Strike section 3(f) and all that follows and insert the
following:
(f) Authorization of Appropriations.--Section 118(c)(12)(H)
of such Act (33 U.S.C. 1268(c)(12)(H)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) In general.--In addition to other amounts authorized
under this section, there is authorized to be appropriated to
carry out this paragraph $50,000,000 for each of fiscal years
2004 through 2010.''; and
(2) by adding at the end the following:
``(iii) Allocation of funds.--Not more than 20 percent of
the funds appropriated pursuant to clause (i) for a fiscal
year may be used to carry out subparagraph (F).''.
(g) Public Information Program.--Section 118(c)(13)(B) of
such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking
``2008'' and inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b) of the Great Lakes Legacy Act of 2002 (33
U.S.C. 1271a(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--In addition to any amounts authorized
under other provisions of law, there is authorized to be
appropriated to carry out this section $3,000,000 for each of
fiscal years 2004 through 2010.''.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 6460), as amended, was read the third time and passed.
____________________
NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION
REAUTHORIZATION ACT OF 2007
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Committee on Indian Affairs be discharged from further
consideration of
[[Page 21692]]
H.R. 2786, and that the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 2786) to reauthorize the programs for housing
assistance for Native Americans.
There being no objection, the Senate proceeded to consider the bill.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that a
Dorgan substitute amendment, which is at the desk, be agreed to, the
bill, as amended, be read a third time and passed, the motions to
reconsider be laid upon the table, with no intervening action or
debate, and that any statements relating to the bill be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5647) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 2786), as amended, was read the third time and passed.
____________________
AUTHORITY TO REQUEST RETURN OF PAPERS
Mr. NELSON of Florida. Mr. President, I ask unanimous consent that
the Secretary of the Senate be authorized to request the return of the
papers on H.R. 3068 from the House of Representatives.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. NELSON of Florida. Mr. President, I suggest the absence of a
quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
TRIBUTE TO SENATORS
Wayne Allard
Mr. FEINGOLD. Mr. President, today I wish Senator Allard well as he
leaves the Senate, after 12 years here and 6 years in the other body.
That is a long record of honorable service to the wonderful State of
Colorado. During our time together in the Senate, I was very pleased to
work with Senator Allard on a critical issue facing both our States:
chronic wasting disease. I appreciated his commitment to fighting the
spread of CWD, which was characteristic of his commitment to the people
of Colorado throughout his time here. I wish him all the best as he
leaves the Senate, and I thank him for his years of dedicated service
to our country.
Larry Craig
Mr. President, as Senator Craig retires from the Senate, I want to
take a few moments to recognize him and thank him for his work on
behalf of the people of Idaho. He devoted 18 years to serving the
people of Idaho in the Senate, following 10 years of service in the
House of Representatives. Senator Craig and I worked together in two
very different, very important areas: protecting civil liberties and
supporting America's dairy farmers. In both cases, he was dedicated to
the best interests of the people of Idaho, and I am grateful for his
efforts.
Senator Craig was a key member of the group of six Senators--three
Republicans and three Democrats, including myself--who worked together
to try to strengthen the protections for Americans' privacy rights in
the Patriot Act reauthorization that we considered in the Senate during
the 109th Congress. His willingness to work across party lines on that
issue was commendable, and it was a critical boost to our efforts.
Senator Craig understands the importance of protecting Americans'
freedoms, and I applaud his commitment to these issues.
I also thank him for his consistent support of dairy farmers, another
area where we frequently worked together. Senator Craig and I shared
concerns about the impact of the Australia free trade agreement on
dairy farmers, on the threat of unsafe importation of milk protein
concentrates, and on nonfat milk price reporting errors.
Once again on these issues, Senator Craig put the needs of the people
of Idaho first, and reached across the aisle to protect hardworking
dairy farmers. After 28 years of service in Congress, Senator Craig is
retiring from the Senate, and I wish him all the best. His hard work
and dedication have made a valuable contribution to the Senate and to
the American people.
Pete Domenici
Mr. President, today I thank Senator Domenici for his 36 years of
service here in the Senate, longer than any New Mexican in the State's
history. I have had the pleasure of serving with Senator Domenici on
the Budget Committee, where his leadership has been a cornerstone of
the committee's work for decades. I have always appreciated his
willingness to listen to and accommodate different points of view
through the years. I also thank him for his work on biennial budgeting,
something I also strongly support and was proud to work on with him.
Senator Domenici's commitment to mental health parity is well known
and deserves special recognition. It is fitting that, on the eve of
Senator Domenici's retirement, the Mental Health Parity Act of 2008,
which he worked on with Senators Dodd, Kennedy and Enzi, should pass
the Senate. I was pleased to cosponsor this bill and look forward to it
being enacted.
Finally, I thank Senator Domenici for his vote in support of the
McCain-Feingold legislation when it passed the Senate in 2002. It was
his support, along with 59 other Senators, that gave us that victory
after a long fight to ban soft money. I will always remember and
appreciate his support, and I wish him all the best as he retires from
the Senate.
Chuck Hagel
Mr. President, today I recognize the work of an outstanding
colleague, Senator Chuck Hagel. As he leaves the Senate, there are many
things he will be remembered for, and I will add a few to that long
list. I have had the pleasure of serving with Senator Hagel on both the
Foreign Relations and Intelligence committees, where I have seen what a
thoughtful and dedicated public servant he truly is. He has been an
outspoken and independent voice on foreign policy, and against the
current Administration's reckless foreign policies, including the
disastrous war in Iraq.
In our time serving together in the Senate, we have worked on a
number of bills relevant to our work on the Foreign Relations and
Intelligence committees. Senator Hagel and I authored a bill to address
the serious threat posed to our national security by gaps in our
intelligence gathering. Building on the work of the 9/11 Commission,
our legislation would establish an independent commission to improve
how the U.S. Government collects and analyzes information, so that we
can head off emerging threats. Senator Hagel has brought critical
attention to this issue, and I have no doubt he will continue to do so
in the years ahead. I also appreciate Senator Hagel's commitment to
strengthening our citizen diplomacy, which is so important to improving
the image of the U.S. abroad. His support for my Global Services
Fellowship Program Act, and past efforts on this issue, has been just
one more example of Senator Hagel's willingness to reach across the
aisle to work on issues important to our country.
As chairman of the Senate Foreign Relations Subcommittee on African
Affairs, I particularly appreciate Senator Hagel's support for a more
peaceful, secure, and prosperous Africa. He has supported efforts to
help protect civilians and provide them with access to basic services.
His voice has been one for political solutions to conflict, and for
initiatives that would bring long-term stability to the continent.
Senator Hagel has served the people of Nebraska, and America, with
great dedication and skill. I will miss having
[[Page 21693]]
him as a colleague, but I value his service and his friendship, and I
wish him all the best as he leaves the Senate.
John Warner
Mr. President, today I thank Senator John Warner for his service to
our country. Through his five terms in the Senate, and before that as
Secretary of the Navy, Senator Warner has been an outstanding public
servant. In the Senate he has worked hard for our country, and for the
people of Virginia. As chairman and now ranking member of the Senate
Armed Services Committee, Senator Warner has been a leader on a wide
range of issues affecting our national security, and he has always
approached those issues with the utmost determination to do what is
best for the Nation and the American people.
Finally, I thank Senator Warner for his vote in support of the
McCain-Feingold legislation when it passed the Senate in 2002. It was
his support, along with 59 other Senators, that gave us that victory
after a long fight to ban soft money. I appreciate his effort on this
and so many issues, and I thank him for his dedicated public service
over so many years.
WAYNE ALLARD
Mr. BUNNING. Mr. President, I rise today to pay tribute to a great
U.S. Senator and friend, Senator Wayne Allard. His strong political
leadership will be greatly missed by the people of Colorado and the
United States.
I got to serve with Wayne on the Senate Banking, Housing, and Urban
Affairs Committee and the Senate Budget Committee. As fellow fiscal
conservatives, we share many of the same values and concerns. One of
his core beliefs, and mine, is that we must reduce wasteful government
spending and work to balance the Federal budget. This is a philosophy
that Wayne applied to every piece of legislation that came in front of
him. It was important for him to do everything he could do as a public
servant to save the taxpayers' money. I know that I could always count
on Wayne to follow these principals and stay true to his conservative
roots.
As many of you know, Wayne had a successful career as a veterinarian
before he came to Congress. With the help of his wife Joan, they built
a successful veterinary practice in Loveland, CO, where they raised
their two daughters, Christi and Cheryl. As a veterinarian and as a
U.S. Senator, Wayne contributed more than most to the people of this
country. He will be greatly missed by me here in the Senate, but I know
he is looking forward to spending more time with his family back in
Colorado. I wish Wayne the best of luck as he begins the next chapter
of his life.
LARRY CRAIG
Mr. President, I wish to join my fellow Senators to honor a colleague
and a friend, Senator Larry Craig, who is departing the U.S. Senate at
the close of this Congress. I have enjoyed working with Senator Craig
over the last 20 years--first in the U.S. House of Representatives and
later in the U.S. Senate.
While in the Senate, I have had the great fortune of serving with
Larry on the Senate Energy Committee. He is a revered advocate of
energy, public lands, and rural community issues. The two of us have
stood together on numerous issues--most notably energy--and I have
always believed that we could achieve any task because I had his voice
of reason and intellect by my side.
Senator Craig has shown the ability to keep a close eye on issues
that matter most to citizens back in Idaho, while also looking out for
all Americans. Whether the issue of the day was rural schools, western
ranchers, public water, innovative forms of energy, and yes, even
wolves, Senator Craig has proven that he is up for any challenge.
I would be mistaken to not mention the extraordinary work Senator
Craig has done as a member of the Senate Veterans' Affairs Committee.
His work has been instrumental to ensure that all citizens who are part
of our armed services--including servicemembers, family members and
survivors of veterans--are provided the world-class care and benefits
they have earned. I thank him for his relentless efforts to improve the
lives of those who have worn the uniform.
I thank the senior Senator from Idaho for his leadership and
contributions to public service for the people of Idaho and all
Americans. I honor Senator Larry Craig not only for his length of
service but more importantly his quality of service. I wish him and his
loved ones all the best of health for many years to come.
PETE DOMENICI
Mr. President, I rise today to pay tribute to a great U.S. Senator
and friend, Senator Pete Domenici. His tireless work as New Mexico's
longest serving Senator in history has greatly benefitted the people of
his State and the United States of America. I am proud to have served
with such a great statesman.
During his time in the Senate, Pete has been instrumental in passing
thousands of pieces of legislation on many different issues. However, I
got the distinct honor of serving with him on the Senate Energy and
Natural Resources Committee, where he serves as the ranking member and
former chairman. Over the years, he has been instrumental in passing
comprehensive energy legislation to help our Nation adapt to changing
energy needs and demands. By working side by side with Pete on the
committee, I have gotten to witness firsthand the hard work he puts
into every piece of legislation that comes before him. He also has the
ability to reach across the aisle to other Senators who routinely join
him in passing bipartisan bills to benefit our country. I know that I
can speak for all of my colleagues, when I say that Pete's absence will
be felt by all of us.
While I will greatly miss my friend's leadership on the Senate floor
and in the Energy Committee, I know that he is looking forward to
retirement and being able to spend some much-deserved time off with his
wife Nancy and their family. I want to thank Pete for his contributions
here in the Senate and wish him and his family well as they enter into
a new chapter in their lives.
JOHN WARNER
Mr. President, I would like to honor my friend from Virginia, Senator
John Warner. John and I have been friends since I was elected to the
Senate in 1998.
As a true Virginian, John has dedicated his life to serving his
country. At the age of 17 he enlisted in the U.S. Navy beginning his
long career of public service. After serving on active military duty in
both World War II and the Korean war, John went on to serve in the
Department of the Navy, and led the Department as Secretary from 1972-
1974.
Elected in 1978, John is the second longest serving Senator from the
Commonwealth of Virginia in the history of the Senate. John has served
the people of Virginia well for 30 years and I know his family and the
people of Virginia are proud to call him one of their own.
John has a long list of accomplishments to show for the people of
Virginia and the Nation. His leadership in the Senate will be missed
and it has truly been an honor serving with him.
I would like to thank John for his contributions to the Senate and
wish him well as he opens a new chapter to his life.
CHUCK HAGEL
Mr. President, today I pay tribute to my distinguished colleague from
Nebraska, Senator Chuck Hagel, who will be retiring from the Senate at
the conclusion of the 110th Congress.
I have worked with Chuck since coming over to the Senate in 1998. I
have also had the privilege of serving on the Senate Banking Committee
with Chuck. He is a man of integrity and patriotism. Chuck has served
his country proudly throughout the years, whether it be working as a
staffer for Congressman John McCollister of Nebraska, as Deputy
Administrator of the Veterans Administration, as U.S. Senator, or
earning the Purple Heart while defending the freedoms we enjoy today.
He has a servant's heart and the people of Nebraska should be proud to
have been represented by a man of his character.
I am honored to know him and to have worked with him. I would like to
thank Chuck for his contributions to
[[Page 21694]]
the Senate and to the country we both love. I wish him and his family
the best in all of their future endeavors.
____________________
DC GUN LAWS
Mrs. FEINSTEN. Mr. President, I rise today to speak in strong
opposition to H.R. 6842, which would repeal the commonsense gun laws of
the District of Columbia.
I believe this bill is reckless and irresponsible, and will lead to
more weapons and violence on the streets of our Nation's Capital. It
will endanger the citizens of the District of Columbia, the government
employees who work there, our elected officials, and anyone who visits
Washington, DC.
The House bill repeals laws promoting public safety, including DC
laws that the U.S. Supreme Court indicated were permissible under the
2nd amendment in the Heller decision.
I strongly disagree with the Supreme Court's decision in Heller that
the 2nd amendment gives individuals a right to possess guns for private
purposes not related to state militias, and that the Constitution does
not permit a general ban on handguns in the home.
However, it is important to note that Heller also stands for the
proposition that reasonable, commonsense gun regulations are entirely
permissible.
Justice Scalia, who wrote the majority opinion in Heller, noted that
a wide variety of gun laws are ``presumptively lawful,'' including laws
``forbidding the carrying of firearms in sensitive places'' and
regulations governing the ``conditions and qualifications on the
commercial sale of arms.'' Even bans on ``dangerous and unusual
weapons'' are completely appropriate under the Heller decision.
The House bill completely ignores this language and takes the
approach that all guns, for all people, at all times is the only way to
go after Heller.
It is worth noting just how far the House bill goes in repealing DC
law and just how unsafe it will make the streets of DC.
The bill would do the following: It would repeal DC's ban on semi-
automatic weapons, including assault weapons.
If this bill becomes law, military-style assault weapons with high
capacity ammunition magazines will be allowed to be stockpiled in homes
and businesses in the District, even near Federal buildings like the
White House.
Even the .50 caliber sniper rifle, with a range of over 1 mile, will
be allowed in DC under the House bill. This is a weapon capable of
firing rounds that can penetrate concrete and armor plating. And at
least one model of the .50 caliber sniper rifle is easily concealed and
transported. One gun manufacturer describes it as a ``lightweight and
tactical'' and capable of being collapsed and carried in ``a very small
inconspicuous package.''
There is simply no good reason why anyone needs semi-automatic
assault weapons in an urban city. It is unfathomable to me that the
same high-powered sniper-rifle used by our Armed Forces in Iraq and
Afghanistan will be permitted in our Nation's Capital. Yet this is
exactly what the House bill would allow if passed by the Senate.
The House bill would repeal existing Federal anti-gun trafficking
laws. For years, Federal law has banned gun dealers from selling
handguns directly to out-of-State buyers who are not licensed firearm
dealers. This has greatly helped in the fight against illegal
interstate gun trafficking, and has prevented criminals from traveling
to other States to buy guns.
The House bill repeals this longstanding Federal law and allows DC
residents to cross State lines to buy handguns in neighboring States.
Illegal gun traffickers will be able to easily obtain large quantities
of firearms outside of DC and then distribute those guns to criminals
in DC and surrounding States.
The House bill repeals DC law restricting the ability of dangerous
and unqualified people to obtain guns.
The bill also repeals many of the gun regulations that the Supreme
Court said were completely appropriate after Heller. It repeals the DC
prohibition on persons under the age of 21 from possessing firearms,
and it repeals all age limits for the possession of long guns,
including assault weapons. The House bill even repeals the DC law
prohibiting gun possession by people who have poor vision.
Unbelievably, under the House bill, DC would be barred from having any
vision requirement for gun use, even if someone is blind.
The House bill repeals all firearm registration requirements in
Washington, DC. The bill repeals all registration requirements for
firearms, making it even more difficult for law enforcement to trace
guns used in crimes and tracing them to their registered owner.
The House bill repeals all existing safe storage laws and prohibits
DC from enacting any more safe storage laws. After the Heller decision,
DC passed emergency legislation allowing guns to be unlocked for self-
defense, but requiring that they otherwise be locked to keep guns from
children and criminals. The House bill prevents the DC City Council
from enacting new legislation to replace the emergency law, as well as
from enacting any laws that ``discourage'' gun ownership or require
safe storage of firearms.
Every major gun manufacturer recommends that guns be kept unloaded,
locked, and kept in a safe place. Under the House bill, DC could not
enact any legislation requiring that guns be stored in a safe place,
even in homes with children.
How can anyone believe that enacting these provisions in the House
bill and eliminating DC's commonsense gun laws is the right thing to
do?
The American people clearly do not agree with the House bill. A
recent national poll found that 69 percent of Americans oppose Congress
passing a law to eliminate Washington, DC's, gun laws. Additionally, 60
percent of Americans believe that Washington, DC, will become less safe
if Congress takes that step.
As a former mayor who saw firsthand what happens when guns fall into
the hands of criminals, juveniles, and the mentally ill, I believe that
the House bill places the families of the District of Columbia in great
jeopardy.
The bill puts innocent lives at stake. It is an affront to the public
safety of the District of Columbia, as well as the right to home rule
by its citizens.
This isn't just a bad law, it is a dangerous one. If this bill comes
to the floor of the U.S. Senate, I will do everything in my power to
stop it.
Mr. INHOFE. Mr. President, on June 26, 2008, in the landmark District
of Columbia v. Heller decision, the United States Supreme Court
decisively confirmed what Oklahomans have known for a long time: we as
Americans have an individual right to legally possess and use a
firearm.
Prior to the Heller decision, DC, had the most restrictive gun
control laws in the country. The District effectively banned handguns
in homes and required all licensed firearms to be unloaded and
dissembled or bound by a trigger lock or similar device.
Not only did the Supreme Court deem the DC gun ban unconstitutional,
it also positively affirmed that ``(t)he Second Amendment protects an
individual right to possess a firearm unconnected with service in a
militia, and to use that arm for traditionally lawful purposes, such as
self-defense within the home.''
I was very satisfied with the Supreme Court's decision in District of
Columbia v. Heller. Before the Supreme Court heard this case, the
entire Oklahoma delegation signed onto an amicus brief to the Supreme
Court, urging the Court to affirm that the second amendment protects an
individual right to possess firearms. With the signatures of Vice
President Cheney, 55 Senators, and 250 Members of the House of
Representatives, this amicus brief had the support of more Members of
Congress than any other amicus brief in known history.
Unfortunately, it did not come as a great surprise that soon after
the Supreme Court decided the Heller case, the DC City Council began
exploring new ways to restrict firearm possession in the District.
[[Page 21695]]
In response, on September 17, the House of Representatives passed the
National Capital Security and Safety Act, H.R. 6842, by an overwhelming
bipartisan vote of 266-152. This bill prohibits the DC government from
passing any law to restrict firearms in a person's home, business, or
land. Additionally, the legislation rolls back the restrictions that
the DC government has implemented that prohibit the registration of
certain types of firearms. The bill also allows residents of the
District of Columbia to purchase firearms from licensed dealers in the
neighboring states of Virginia and Maryland.
After the House of Representatives passed this important bill, I
joined 47 of my colleagues in the Senate in sending a letter to
Majority Leader Reid asking him to bring up H.R. 6842 for consideration
in the Senate. I sincerely hope that the Senate has the opportunity to
debate and vote on this bill and send it to President Bush this year.
I have tenaciously fought to preserve the right of individual
citizens to keep and bear arms since my first days in Congress. I will
continue in this next stage of the battle over the interpretation of
the second amendment.
____________________
CITIZENSHIP APPLICATION BACKLOGS
Mr. LEAHY. Mr. President, following Republican opposition to the
Senate's effort to pass a comprehensive immigration bill last summer,
President Bush and other Republicans moved on and away from this
admirable goal. They chose, instead, to accommodate the most extreme
views in their party with respect to immigration. Secretary Chertoff
turned to mass immigration raids and building border walls that have
consumed millions of taxpayer dollars, tread on the rights of property
owners along the southern border, scarred the environment and tarnished
the reputation of the United States around the world.
One aspect of the immigration debate on which I have continued to
press this year is the backlog in citizenship applications. Last year,
the administration insisted on a fee increase for citizenship
applications and assured us it would cut processing time if authorized.
That increase, along with the increased enforcement activities, and an
impending presidential election, combined to result in a surge in
citizenship applications. In just three months, May, June, and July of
2007, the immigration agency received over 700,000 citizenship
applications. By last October, the agency had over 1 million
citizenship applications pending, and a significant backlog had
developed. Yet the administration did little. Its response reminded me
of its preparations for Hurricane Katrina or the current financial
meltdown. The anticipated surge in applications was not adequately
planned for but resulted in a crisis before the administration would
begin to notice.
In early 2008, Senator Kennedy and I pressed Secretary Chertoff. We
joined, along with Senator Schumer, in writing to the Homeland Security
Secretary about this problem in advance of our April 2008 oversight
hearing.
At the April hearing, I asked Secretary Chertoff for a firm
commitment that persons who had applied for U.S. citizenship by March
31, 2008, would have their applications processed in time to register
and vote in the upcoming Presidential election. Seven months should
have been adequate to consider these applications, especially when the
agency had sold the increase in fees to us by saying it would cut
processing time to less than seven months.
When Secretary Chertoff sought to excuse his delays by blaming the
Federal Bureau of Investigation, FBI, for being slow to clear name
checks, we made sure to provide the FBI with additional resources.
At our most recent FBI oversight hearing with Director Mueller last
week, I continued to raise the issue. At one point, the backlog in
citizenship applications was 1 million. By this spring, it was still
nearly half a million. After the most recent oversight hearing, we were
told that it has been significantly reduced and now numbers in the tens
of thousands. I thank the agents at the FBI and U.S. Customs and
Immigration Services, USCIS, for their hard work.
The monthly updates we demanded have been helpful not only to us, but
apparently also to encourage progress within the agency. That is, of
course, still too many. No one who has been here, working hard,
following the law, who has applied for citizenship more than 6 months
ago, ought to be denied participation in the upcoming Presidential
election because the Homeland Security bureaucracy has been too slow to
process his or her application.
Now is the time for the agency to make a final push to process the
remaining backlog of applications by the end of this month so that
lawful immigrants will have time to register and will be able to vote.
It is unacceptable that tens of thousands of people, some of whom have
been waiting for 2 years to have their applications processed, will be
left in limbo and unable to participate as citizens during the
elections in November. So there is still significant work to do.
The Senate took an important step Wednesday night when it passed S.
2840, the Military Personnel Citizenship Processing Act. I am pleased
the Senate has given its unanimous support to this legislation.
This bill is intended to help the Department of Homeland Security and
USCIS expedite citizenship applications for members of the Armed Forces
by creating a liaison with the FBI and by setting processing deadlines
for these applications. Those who serve in our military and who wish to
become citizens do not deserve to experience unnecessary bureaucratic
delays. Their dedication to the United States, and their desire to
become full participants in the democracy they help defend, ought to be
met with a process that is as fair and efficient as possible.
The legislation the Senate passed last night will help to streamline
the citizenship process for the legal permanent residents who have
served the country they wish to call their own. I hope that this
legislation will help move Congress toward seeking additional
improvements in the citizenship process for everyone. The granting of
citizenship is one of the most sacred privileges our Nation conveys,
and only comes to those who have worked hard to achieve it. Ensuring
that it is carried out with care and efficiency is a goal all members
of congress should support.
I thank Senators Schumer and Hagel for successfully moving this
legislation through the Senate, and thank all Senators for supporting
this measure.
I commend Senator Kennedy, Senator Schumer and the other members of
the Judiciary Committee who have worked with me all year in our
oversight effort to ensure that the citizenship application backlog of
1 million would be eradicated. Senator Kennedy, in particular, is
someone who has been unrelenting in his focus on this issue and
characteristically fought for fairness, dignity and the rights of those
least powerful among us. Senator Kennedy is our longtime chairman of
the Immigration subcommittee, and has led the Senate on immigration
matters for years. He asked me to express his appreciation to USCIS for
its progress in clearing up the backlog in naturalization applications
that otherwise would have deprived over a million eligible citizens the
opportunity to participate in our democracy during this fall's
election. He asked me to say that the right to vote is the most
precious right that American citizens have. He welcomes these new
Americans, and he urges them to go to the polls this November.
I hope that as a new administration takes office and begins to help
this Nation rise above the divisiveness, corruption, and failures of
the last 8 years, we can renew our commitment to immigration reform.
The answer does not lie in policies based on fear or isolationism, but
in a restoration of America's rightful role in the world. It does not
lie in denying children the opportunity for an education. It does not
lie in denying American farmers and small business owners willing
workers, nor
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does it lie in exploiting foreign labor to disadvantage American
workers. And the answer does not lie in raiding workplace after
workplace, tearing apart families, or building walls along our borders.
____________________
THE MATTHEW SHEPARD ACT OF 2007
Mr. SMITH. Mr. President, I wish to speak about the need for hate
crimes legislation. Each Congress, Senator Kennedy and I introduce hate
crimes legislation that would add new categories to current hate crimes
law, sending a signal that violence of any kind is unacceptable in our
society. Likewise, each Congress I have come to the floor on many
occasions to highlight a separate violent, hate-motivated crime that
has occurred in our country.
On the evening of August 9, 2008, 24-year-old Michael Roike was
leaving the Playbill Cafe a Washington, DC, area bar with three of his
friends when they noticed an SUV parked next door nearby. The SUV
carried several men who reportedly spoke with Roike and his friends.
The conversation allegedly began casually but escalated when the men
from the SUV repeatedly used the word ``faggot.'' One of Roike's
friends, Stevon-Christophe Burrell, 29, allegedly became upset and
asked the men to leave them alone. In response, a male from the SUV
reportedly approached Burrell aggressively. Roike said he stepped
between them and tried to diffuse the situation, but Roike recounts
that he suddenly felt pain in the left side of his head and hit the
ground. Burrell was also struck before the attackers fled back to the
vehicle and drove away. While no suspects have been apprehended, the
Metropolitan Police Department report lists the attack as a ''simple
assault,'' filing it as a hate crime based on sexual orientation.
I believe that the Government's first duty is to defend its citizens,
to defend them against the harms that come out of hate. The Matthew
Shepard Act is a symbol that can become substance. I believe that by
passing this legislation and changing current law, we can change hearts
and minds as well.
____________________
NATO MEMBERSHIP FOR ALBANIA AND CROATIA
Mr. CARDIN. Mr. President, the NATO Alliance is now considering its
third round of post-Cold War enlargement. This will be the smallest of
the rounds, with only two countries to consider compared to three in
1999 and seven in 2004. It should also be easiest, since the
development of Membership Actions Plans allow NATO significantly more
preinvitation interaction with aspirants today than took place in
earlier rounds. Albania and Croatia were formally invited at the April
NATO Summit in Bucharest, Romania. Macedonia did not receive an
invitation because of its lingering name dispute with Greece, and
several European allies were unwilling to go forward with Membership
Action Plans for Georgia and Ukraine.
In March of this year, the Helsinki Commission, which I cochair, held
a hearing on the prospects for NATO enlargement which included
testimony from expert analysts and contributions from the embassies of
these five countries. We have also had hearings on the matter in the
Senate Foreign Relations Committee which included administration views.
It is important for the Senate to act on these protocols quickly so
that ratification by all NATO countries can be completed in a timely
matter.
Turning to the records of the two aspirants, Albania has made
tremendous strides since 1991, and the country is solidly committed to
Euro-Atlantic integration. This is demonstrated by its contribution to
numerous peace operations around the world. There are concerns about
organized crime and official corruption in Albania, but I believe the
country is well aware of these concerns and is continuing to undertake
efforts to address them. The country is also aware of the need for
further electoral reform before parliamentary elections next June.
Assistant Secretary of State for European Affairs Dan Fried credibly
asserted before the Senate Foreign Relations Committee that ``countries
continue reforms rather than abandon them, when they join the
alliance,'' and this particularly applies to Albania given its ongoing
EU aspirations. In that spirit, I want to express my support for
Albania's NATO membership, which will strengthen the alliance as well
as the prospects for further reform in Albania.
Croatia is clearly ready for NATO membership. Its democratic
credentials are very strong. Recovering from the violent breakup of
Yugoslavia, the country essentially shed its extreme nationalist
leanings in 2000 and has been in rapid transition ever since. Croatia
is also preparing for EU membership, boosting reform efforts, and it
has become an increasingly active and helpful player in world affairs.
I therefore want to express my strong support for Croatia's NATO
membership as well.
____________________
CMS CERTIFICATIONS OF HRSA RURAL HEALTH CLINIC DESIGNATIONS
Mr. BAUCUS. Mr. President, yesterday we passed the Health Care Safety
Net Act, which reauthorizes multiple programs within the jurisdiction
of the Committee on Health, Education, Labor and Pensions, HELP. This
bill does include one section that changes the timeframe for the
Centers for Medicare and Medicaid Services, CMS, to certify rural
health clinic, RHC, shortage area designations from 3 years to 4 years.
We have worked closely with the chairman and ranking member of the HELP
Committee to have language included in H.R. 3343 to align the timeframe
for CMS certifications of rural health clinic designations with the
timeframe for HRSA designations. This provision is crucial to
maintaining access to primary care and other necessary medical services
in rural areas. I know that several rural health clinics in Montana
would be forced to close their doors if the CMS rule were permitted to
go forth. I am proud to stand with my colleagues on both sides of the
aisle to ensure that these important parts of our health care delivery
system are protected.
We are most appreciative of the efforts of the HELP Committee to
include this language at our request. As chairman of the Finance
Committee, I am obligated to point out for the record that Medicare is
exclusively governed by title XVIII of the Social Security Act, which
is under the exclusive jurisdiction of the Finance Committee. Inclusion
of these Medicare provisions in H.R. 3343 does not represent any waiver
of the Finance Committee's jurisdiction on this subject. In the absence
of the Chairman of the HELP Committee, Senator Kennedy, I would ask the
distinguished ranking member, Senator Enzi, to acknowledge that
Medicare is governed by title XVIII of the Social Security Act and is
under the exclusive jurisdiction of the Finance Committee. Again, I
would like to extend our thanks to the chairman and ranking member of
the HELP Committee for graciously agreeing to our request to include
this language in H.R. 3343.
Mr. ENZI. It is a great pleasure to work with my distinguished
colleagues on H.R. 3343, the Health Care Safety Net Act. The Committee
on Health, Education, Labor and Pensions has a long and distinguished
history of championing legislation improving our health care system.
Reauthorization of the health center program, the National Health
Service Corps, rural health care programs, and dental workforce
programs are a handful of examples of the successful programs the HELP
Committee governs. I have had the pleasure of working with Senators
Kennedy and Hatch on this bill, and I very much appreciate the work of
Senators Smith, Barrasso, Roberts, and the other sponsors of S. 3367,
which was the genesis of the rural health clinic provision included in
this bill. I also sincerely appreciate the contributions of Senators
Baucus and Grassley, as the rural health provision is under the
jurisdiction of the Finance Committee. I look forward to strengthening
our relationship next year as our two great
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committees work together on health care reform, and I am pleased the
passage of this bill puts us one step closer to a higher quality health
care system.
Mr. GRASSLEY. I agree with my colleague, Chairman Baucus, and would
also like to extend my thanks to the chairman and ranking member of the
HELP Committee, Senator Kennedy and Senator Enzi, for working with us
on this issue. In my 7 years as chairman and ranking member of the
Finance Committee, I have worked to preserve the committee's
jurisdiction over legislation amending the Social Security Act, as
Senator Baucus is doing now. In this case, the CMS certification
requirement for rural health clinic designations is governed by title
XVIII of the Social Security Act, which, as the Chairman has noted, is
within the exclusive jurisdiction of the Finance Committee. The
Balanced Budget Act of 1997 required that rural health clinics be
located in an underserved or shortage area that were designated or
updated within the previous 3 years but the 3-year requirement has only
been applied to new facilities seeking to be designated as rural health
clinics. The Centers for Medicare and Medicaid Services, CMS, recently
issued a rule proposing changes in the requirements for rural health
clinics. One of the proposed changes would apply the 3-year designation
requirement to all rural health clinics and decertify RHCs located in
communities where the shortage area designation is more than 3 years
old.
The Health Resources and Services Administration, HRSA, and most
States update their shortage area designations every 4 years. We need
to align the timeframes for HRSA and CMS shortage area designations so
that CMS certifications of rural health clinic designations would be
valid for a 4-year period, consistent with the 4-year period used for
HRSA designations. Otherwise, many rural health clinics in Iowa and
other States throughout the country could lose their RHC designation
simply because their State is not able to comply with the new CMS 3-
year timeframe for certification.
Under the CMS proposal, if an RHC loses its designation or the State
has not renewed its shortage area designation within 3 years, the RHC
must request an exception within 90 days or it will be decertified 180
days after the 3-year period ends. Unless the statutory 3-year CMS
certification period is changed to 4 years, many RHCs could be subject
to being decertified in the near future unless they are deemed
``essential.'' Rural health clinics should not be jeopardized with
closure because a shortage area designation has not been updated in a
timely fashion by the State or Federal Government.
CMS has estimated that approximately 500 of the 3,700 rural health
clinics operating today no longer meet the existing location
requirements for RHCs, either because they are not in an area
designated by the U.S. Census Bureau as ``nonurban'' or they are not
designated by HRSA as being located in an eligible shortage area.
Others believe that this estimate is too low. The National Rural Health
Association has estimated that the proposed changes to the location
requirements could result in up to 45 percent of RHCs being ineligible
to continue in the program unless they are granted an exception. If
this estimate holds true for RHCs throughout the country, over 1,600
RHCs could be decertified. This would severely impact access to health
care for those in rural and medically underserved areas where rural
health clinics provide the only access to critical medical services.
We are most appreciative of the efforts of our colleagues, Senator
Kennedy and Senator Enzi, to amend H.R. 3343 to change the CMS
certification period for shortage area designations from 3 to 4 years
in order to align the CMS certification period for shortage area
designations with HRSA's designation review period.
____________________
HEALTH INSURANCE
Mr. GRASSLEY. Mr. President, I am here today to talk about health
insurance. A year ago, in the spirit of bipartisanship, I joined
Senator Wyden and Senator Bennett in cosponsoring the Healthy Americans
Act. The Wyden-Bennett bipartisan legislation offers elements that are
consistent with a ``patient-driven'' approach to improving our health
care system. A ``patient-driven'' approach means people can shop for
their own health insurance in a competitive marketplace, which will
allow them to choose the type of health care coverage that meets their
needs. Many in the Democratic Party, including the Democratic
Presidential candidate, want a Government-controlled system that is not
``patient-driven.'' This is a non-starter and is bad policy. And the
majority of Americans do not want the Government making their health
care decisions for them.
I continue to be interested in exploring ways to reform the health
care system through the Tax Code. I am interested in examining whether
Congress should offer Americans a choice between a tax credit and a
deduction for health insurance. The Wyden-Bennett bill raises some
tough questions that we need to explore as we look at health care
reform. We need to determine the future role of Medicaid and SCHIP in
our system over the long haul. We need to explore better ways to make
the market work to hold down the rising costs of health care. And we
need to find better ways to make health coverage more affordable and
secure. This ``patient-driven'' approach--with insurance reforms and
changes in the tax treatment of health insurance--should make health
insurance more affordable for everyone. The goal should also be, if
people are happy with their current health care coverage, they can keep
it.
During my tenure in the Senate, I have sought to build bridges
between Republicans and Democrats. I believe that there are times where
Republicans and Democrats need to come together to produce results.
Health care reform cannot be successful if it is not bipartisan. I
commend Senators Wyden and Bennett for forging the only bipartisan
effort in Congress to date.
As I did last year, I want to make clear that my cosponsorship of the
Wyden-Bennett bill is not an endorsement of all that the bill proposes.
Instead, I am cosponsoring this bill to add my voice to those who are
calling for people to work across party lines to find innovative
solutions that can work. While I support the ``patient-driven''
approaches in the bill, I have serious concerns about a number of the
provisions of the Healthy Americans Act. For example, this bill would
require all individuals to buy health insurance. I support
accessibility to private insurance and differ with my colleagues on
this point. Also, Senator Wyden's approach envisions a bigger role for
Government than I would prefer. In addition, I certainly am not
endorsing the repeal of the non-interference clause in Medicare Part D.
That is not going to be on the table for me.
I also need to address a concern about the Wyden-Bennett bill I have
seen pop up lately. These accusations are particularly troubling
because I don't think they are accurate. It is true that the Joint
Committee on Taxation has estimated the gross cost of the bill to be
about $1.4 trillion annually by the year 2014. It is also true that the
Joint Committee on Taxation estimated that the bill is fully paid for
so the net cost to the Federal Government is zero. I have also read a
concern that the Wyden-Bennett bill does not do enough regarding
mandated benefits. The Wyden-Bennett bill reduces the impact of the
myriad State mandates so that there will only be a much more limited
set of requirements of a health plan much more consistent with what is
already provided to Federal employees today.
Finally, I want to refute one particular charge regarding coverage of
abortion services. The Wyden bill does not mandate that every American
buy a health insurance plan that covers abortion services. This Senator
supports legislation that protects life, and one only needs to point to
my record in this area for evidence of that fact. I would not support a
bill that requires individuals to purchase health insurance that covers
abortion, or legislation that encourages women to seek
[[Page 21698]]
abortion. And, while I agree that Americans deserve similar health care
options that Members of Congress enjoy, I don't agree that Washington
should mandate coverage of procedures that purposely end human life.
Should this bill move forward, I will work with my colleagues to make
sure abortion coverage is not made mandatory.
So my cosponsorship is not an endorsement of all provisions of the
bill. Instead, I have cosponsored the Healthy Americans Act to add my
voice to the bipartisan call for significant changes in our health care
system. This is only one step in the process of the public discussion
of ideas for improving our health care system. I also intend to
continue working with Chairman Baucus and members of the Senate Finance
Committee on his health care reform agenda.
We have serious problems, and we need to solve them. So it's time to
get to work.
____________________
SUPPORT FOR VULNERABLE AND DISPLACED IRAQIS ACT
Mr. CASEY. Mr. President, I rise today to highlight a bill my
distinguished colleague, Senator Cardin of Maryland and I introduced
last week. S. 3509 addresses the ongoing humanitarian crisis in Iraq
and potential security breakdown resulting from the mass displacement
of Iraqis inside Iraq and as refugees into neighboring countries.
If passed, this bill will help the United States address the needs of
millions of Iraqis who have been forced to flee from their homes. The
heart of the bill requires the Secretary of State to develop a
comprehensive regional strategy to address this humanitarian crisis.
Senator Cardin and I are joined in this effort by our colleagues,
Senators Bingaman and Voinovich, who have cosponsored the bill.
Unfortunately, we were not able to reach agreement to have this
legislation placed on the Foreign Relations Committee business agenda
this week. We may not have enough time left this year to bring this
bill to the floor. I hope that is not the case--and if so, it is my
hope that the State Department recognizes the need to formulate a
strategy and take prompt action itself.
It has been 5 years since the fall of Baghdad, and although this
administration refuses to acknowledge it, Iraq and her neighbors are in
the midst of a humanitarian crisis that threatens to undermine the
stability of the Middle East. Wherever one stands on the future of the
U.S. combat presence in Iraq, we have a moral responsibility to those
innocent Iraqis who have been driven from their homes and fear for
their lives and their children's lives every day.
As I noted during my floor statement marking World Refugee Day this
past June, Iraqis are now one of the largest displaced populations in
the world. According to host countries hosting Iraqi refugees, up to 2
million Iraqis have fled their homes for neighboring country in order
to avoid sectarian and other violence. According to the U.N. High
Commissioner for Refugees, UNHCR, there are over 2.7 million internally
displaced persons in Iraq.
Iraqi refugees are overwhelming the basic infrastructure of Iraq's
neighbors, especially in Jordan, Syria, and Lebanon. This raises
troubling concerns about the region's stability and shifting sectarian
balances. No one in the region, and I must stress this, no one
including host countries and refugees themselves expect Iraqi refugees
to return anytime soon. This means we will be dealing with the exodus
of displaced Iraqis for some time to come. Despite this
administration's position that security conditions are improving in
Iraq and life is normalizing, there are no signs of imminent return.
I saw firsthand the humanitarian and security implications of this
crisis during my trip to the region last year. Beyond the obvious
humanitarian and moral dimensions, this crisis has grave implications
for our national security interests in the Middle East.
We often talk about our military surge in Iraq. What has been missing
for far too long now has been our humanitarian surge to address basic
needs--access to food, health care, shelter, drinking water, and
education. This needs to be at the heart of any campaign to win
``hearts and minds.'' Strong U.S. leadership is critical in bringing
the Iraqi Government, regional neighbors, and the international
community to the table to discuss and implement concrete measures.
To date, Congress has not passed any comprehensive legislation
addressing this humanitarian crisis. My bill, S. 3509, would prompt the
next administration to act quickly and make the displacement of
millions of Iraqis an urgent foreign policy priority. The heart of the
bill requires the Secretary of State to develop a comprehensive
regional strategy that addresses the mass displacement of Iraqis. The
strategy would: address the serious challenges facing Iraqi refugees;
address the responsibility of the Iraqi Government to help meet the
urgent needs of its citizens in the region; include an assessment of
how much assistance is needed to help meet these needs; include an
assessment of what conditions are necessary for the voluntary, safe,
sustainable return of displaced Iraqis; include a description of the
steps the U.S. Government has taken and will take to engage the
international community to implement the strategy; and include plans to
assess the impact of the strategy.
S. 3509 also includes reporting requirements from the State
Department and the Government Accountability Office so that Congress is
informed on how the administration is moving forward on the Iraqi
humanitarian crisis.
Mr. President, I believe this bill will help define a roadmap for the
United States and the international community on how we are meeting our
basic obligations towards helping vulnerable Iraqis displaced as a
result of the 2003 war. It will once again promote responsible American
leadership abroad.
I want to thank the following groups who have supported S. 3509 thus
far:
America's Development Foundation; Campaign for Innocent Victims in
conflict, CIVIC; CARE; Catholic Relief Services; CHF International;
Church World Service, Immigration and Refugee Program; EPIC: Promoting
a Free & Secure Iraq; Friends Committee on National Legislation;
International Medical Corps; International Relief and Development;
International Rescue Committee; Leadership Conference of Women
Religious; Maryknoll Office for Global Concerns; Mercy Corps; NETWORK;
Presbyterian Church, USA, Washington Office; Refugees International;
Save the Children; U.S. Committee for Refugees and Immigrants; and U.S.
Conference of Catholic Bishops.
____________________
IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES
Mr. CRAPO. Mr. President, in mid-June, I asked Idahoans to share with
me how high energy prices are affecting their lives, and they responded
by the hundreds. The stories, numbering well over 1,000, are
heartbreaking and touching. To respect their efforts, I am submitting
every e-mail sent to me through an address set up specifically for this
purpose to the Congressional Record. This is not an issue that will be
easily resolved, but it is one that deserves immediate and serious
attention, and Idahoans deserve to be heard. Their stories not only
detail their struggles to meet everyday expenses, but also have
suggestions and recommendations as to what Congress can do now to
tackle this problem and find solutions that last beyond today. I ask
unanimous consent to have today's letters printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
In response to your request for stories reflecting rising
energy prices, I would offer the following: It is not unique
to my family, but it affects everyone, everywhere, and as an
elected official, I would advise you to keep it foremost in
your mind when debating the need for renewable energy
resources.
Our dependence on foreign oil has the effect of spilling
our blood on foreign sands in wars that we sure should not be
sticking our noses into. It is causing the rest of the world
to see us as imperialists, rather than as the beacon of
freedom, and it is edging our nation toward facism, as the
wealthy have no
[[Page 21699]]
qualms about sacrificing the poor to make sure the oil keeps
flowing from these sources.
And, in the end, we the people lose. How can we call
ourselves an independent nation if we are to rely on foreign
energy? And how can we call ourselves a free people if we
cannot afford basic necessities? We the people are seeing
prices skyrocket, and our wages decline, despite what the
annual reports say, as they do not account for the
devaluation of the dollar.
William.
P.S. Thank you for actually doing something about this
mess.
____
Per your request, I am sending an e-mail in regard to my
concern for the rising costs of fuel and the impact it is
having upon me and my family.
As you know, Idaho is, to a great extent, a rural state.
Most of our employment involves traveling to or from our job
sites in automobiles. Since we aren't privileged enough to
have a rapid transit system or bus service, as in many urban
city areas, we are forced to get to our employment by our own
methods. I work at the Idaho National Laboratory. It is
approximately 54 miles one way from my home. The nature of my
job (foreman over maintenance craft personnel), requires that
most of the time I use a personal auto to commute between my
home and my job site. My auto gets approximately 30 miles per
gallon, and it has a 17-gallon fuel tank. Each day's travel
is approximately 108 miles divided by 30 mpg, giving an
average of 3.6 gallons of fuel per day. At $4 per gallon, it
costs $14.40 each day to drive to work. If we multiply this
number by 9 (the number of work days in a two-week period),
it costs me approximately $130 every two weeks for fuel, just
to get to work! Multiply that by 26 and my yearly cost (just
to go to work) is approximately $3,360. This does not count
the fuel necessary for my wife to get to her place of
employment, or the costs associated with the need to travel
to buy groceries and other necessities. The average cost of
our fuel has risen about $1.30 per gallon since last year at
this time. My wages have not compensated for the increase in
fuel costs, nor has it compensated for the additional costs
associated with the purchase of groceries and other
commodities, just to survive.
Of course, we have to cut way back just to make ends meet.
This also means that our choices for recreation (or even a
date with my wife) are getting very limited because we must
use more and more money to pay for fuel, groceries, and
commodities necessary for our very existence. Why is it that
we can send billions of dollars, each year, to countries who
hate us and do not even use the money for what it is
intended, yet let our own people suffer? Where's the justice?
Why cannot we do something to help our own people for a
change, fight terrorism in this country (gangs), and open up
more of the reserves in our own country so that we do not
have to be dependent upon foreign terrorists who control
(actually are destroying) our economy and indeed the
worldwide economical situation?
I have two brothers who work in the oil business in
Wyoming. Their story of how much reserves we have differs
greatly from what our politicians are telling us. Who are we
to believe? Are we being misled? Are we being manipulated by
selfish interests who would rather pass a ``carbon tax'' bill
(when science has proven that there is, indeed, no global
warming crisis) creating more taxpayer dollars to line their
own pockets? I am a bit frustrated, but I really think that
there is no real justification for how fast the cost of fuel
has increased this year.
One more thing I would like to know, and that is why are we
at the mercy of minority organizations with a lot of money,
organizations like the ``green'' people, the
environmentalists, or other groups who are at least partially
to blame for our energy crisis? We need to be using more of
our domestic resources and get away from foreign dependence.
We need to put a few curbs on the organizations that are
responsible for chasing all of our industry out of our
country. Those people have ensured that there are so many
outrageous controls on manufacturers, that they cannot
reasonably make and market most of the things we use in this
country, at a fair and competitive price because the costs of
all of the regulations force these manufacturers to leave the
country and build their products where the regulations are
not prohibitive. Our country, unfortunately, can only rely
upon the amount of paperwork done in a day to be able to
claim to have done something useful. Even our complicated
sensitive technologies are coming from overseas.
The best example I can use for how far downhill we have
gone is to compare what we used to be able to do on the INL
to what we can do today. We used to be able to get work done.
A lot of work. We were productive. We built reactors, we
maintained them and the various other systems necessary to
make the rest of our facilities function well. We were not
overwhelmed by piles of paperwork. Yes, there was paperwork,
but it was nothing like we do today. Today, in our ``world
class'' society, we have DOE regulating us out of work. We
have a new company that has piled paperwork upon us to the
point that not just the administrators are doing piles of it,
but every man and woman from administrators to laborers, must
process piles of paper each day, to do `work.' Of course,
since the advent of the new contract between DOE and BEA, we
have consolidated the site and now we do about \2/3\ less
that ever before. More mountainous is the paperwork. More
signatures are required before work can begin. More
signatures are required to 'complete' work. Plus, now we have
found that the former Argonne personnel were not up to par
with the rest of the site (we were running Argonne for 50
years without knowing what we were doing, nor how to do
business, and we never killed anyone). Our ignorance has
resulted in additional training for each and every person
working at the facility. In fact, there is so much training,
computer based and otherwise, little time to do work.
Besides, we aren't focused upon how much work we can do
`safely,' instead, we are focused upon how safe we can be,
doing little work in the name of `safety.'
Yes, I am frustrated. I guess I am lucky that I am not in
the Senate or Congress, because knowing what I know about how
things are done here, and how much is wasted, I would
seriously be working to close this site down. Tax payer money
is being spent (actually wasted), and the tax payer only
knows what the media tells them is being done with their
money. This is not a responsible national lab any more.
Anyway, I have unloaded upon you again. Sorry for the
apparent frustration, but I can see the mess because I am
behind the curtain that hides it from the rest of the
country. Thanks for listening.
Brent, Idaho Falls.
____
We heat our home with propane; it is a 2,000 gallon tank.
With the cost of propane, it would run us around $3,000 to
fill it. We did not do that we did it at $250 at a time. We
even ran out one time. Wood is costing a lot as well, at our
age and work we have to buy it cut and delivered and that as
well is expensive, yet without the wood stove our home would
have cost to heat this year around $8,000. Personally I
believe in wind power and solar technology. Canada is
experimenting with a trailer right now that is brought in
that has wind power and wind solar on it. It is running farms
capable of running the whole house and everything as well.
So, if they are doing it right now, why are we not doing it?
They run about $40,000 right now. They are in the test run
just to see how long and evident it is. I want one. If they
are ready for the market place next year, I plan on getting
one. I feel in the deepest part of my soul that the greed of
man just might be too powerful. I am so pleased that you are
doing your best to protect Mother Earth and the souls that
live on her. Those whom are in denial and only live in the
power of money will indeed pay at some point in there souls.
So I hope this supports what needs to happen. I do, however,
only believe in wind and sun, I feel that we cannot ask other
countries to not use certain toxic and dangerous chemicals to
destroy this planet and not walk the talk. Thank You for all
your hard work.
Jeanine.
____
I agree with the outrageous energy costs. Gasoline and fuel
prices are totally unheard of. The constant rise in fuel
costs has not only hindered the life style, we here in Idaho
enjoy, outdoor activities, fishing and camping, but the
farmers are also getting hammered. What in tarnation is
happening? The rich just keep getting richer. My hat is off
to the successful, prominent business people, but where do
the working class fit in? Seems like the taxes keep going up
right along with the cost of living, health care and so on.
I truly find it hard to believe that with all of the oil
wells and refineries we have in the United States that we
should not be in better shape. Where are these reserves being
sent to? I see where the Republican Committee is asking for
more drilling to take place in Alaska's wildlife areas.
What's up with that? What happened to the presently existing
Alaskan Pipeline? Did Wyoming, Texas and the sort all dry up?
Are we truly a ``free nation'' or are we relying on the
foreign imports and markets to help us attain this freedom?
If there is any.
I think the addressing of the country's issues have been a
long time in coming, but is it too late? What do our children
have to look forward to?
Nate.
____
I am a stay-at-home mom with four girls. My husband is
college-educated and makes a good living for our family. But,
with rising energy and gas prices, we are definitely feeling
the pinch in our monthly budget (not to mention rising food
prices as well). Ron works twelve miles from home. We do not
have additional drivers in our household yet. The driving I
do consists of basketball games, dance lessons, and church
activities and household errands. We spend over $280/month on
gas. To conserve, Ron has begun carpooling at least once a
week to work. That is not always easy, but the three drivers
are trying to save some money. It is definitely something I
think about everyday as I drive to and from town. I try to do
all the errands I can at once. We have canceled a planned
vacation to California this year to
[[Page 21700]]
save the money. We hope to be able to do it next year.
I feel we live in a great country. There is more technology
than ever before. I hope my country can help to make
alternative fuel sources a reality. I know solar cars exist.
I have seen one discussed on KTVB news recently. We need this
type of research to fuel America's economy. The technology is
out there. As an average Idahoan, I hope congress will help
drive this process. The greatest country has great means to
make great things happen for its people.
Cindy, Boise.
____
I find it pitiful that we even have to ``convince'' our law
makers that there is a crisis. Maybe they should learn to
live the way the rest of the country does. Paying $4+ for a
gallon of gas, $4 for a gallon of milk, $4 for a loaf of
bread and just about the same for a dozen eggs. Already that
trip to the store in my car costs more then I make in an hour
of work. Come on, let us wake up and smell the coffee . . .
oh, that is up to (cheap coffee) $8 a pound. We need to start
using our own resources and stop sending billions to our
enemies. We are a proud nation, so let us start acting like
one.
Marty.
____
We are retired and on Social Security. If we have to buy
more than one tank of gas a month, it is almost impossible to
pay our bills. We have an all electric home and electricity
has also went way up in price. We watch propane and natural
gas to see if it would be better for us to change, but they
have also skyrocketed and just the cost of changing is
unaffordable. We also live in fear of losing our Social
Security and Medicare because they want to privatize it.
I think what you say you are trying to do now is the right
thing but why did not you do this sooner before the tax cut
for the rich oil companies was put in force and why do not
you speak up and stop these tax cuts from becoming permanent.
This is part of what is putting the squeeze on the American
people. Thank you very much for giving me the chance to
express my opinion.
Lois.
____
I concur with policies that will take advantage of wind and
solar power technologies, and renewable/alternative fuels. I
wish you would reconsider the use of nuclear reactors as I am
concerned for our safety and the waste disposable. Without a
doubt, we (USA) need to take action ASAP please pass
legislation so that we can start using our oil reserves but
also start investing in new technologies so that some day we
will not need oil all together. I have confidence in our
abilities to get this done but it has to have the support of
our government and you are in the position to help make a
difference to help make the USA a better place to live. Thank
you for your time.
Unsigned.
____
I recently traded my 4-wheel-drive Toyota pickup with
35,000 miles on it for a Toyota Camry that gets ten more
miles per gallon. I was looking for a 2008 Camry LE 4-
cylinder. There were none in stock. All sold out! The 2009
models are in now. The dealership Tom Scott Motors told me
all the 4-cylinders were sold by the time gas prices hit
$3.50 per gallon. And the V6s were not selling. Two
dealerships offered me $1,000 to $3,000 less than my pickup
was worth as per Kelly Blue book citing the 4-wheel-drive gas
guzzler option was the problem. They said I was lucky I was
trading a Toyota and not a full-sized truck. They are not
even taking them in trade now and, if they do, the offer is
$8,000 to $9,000 back of Kelly Blue Book. I got $13,750 for
my trade. In March when gas was $3.00. It was worth $16,775
cash.
You know, it is the politicians that created this theft of
Idaho assets in this regard. I am not convinced the
politicians will resolve it any time soon. They should have
started drilling and building refineries in the 1990s. But
good luck with your efforts.
Perry, Meridian.
____________________
TRIBUTE TO LINDA NORRIS
Mr. CRAPO. Mr. President, late this fall, my longest-serving staff
member, Linda Norris, will be retiring from my staff. Linda has
provided 18 years of professional, tireless and dedicated service to
the people of Idaho, first as a member of my first House campaign staff
in the early 1990s, then as my regional director in Twin Falls, ID, and
my State director of constituent services on my Senate staff while
retaining her position as Twin Falls regional director. She spent the
last few years here in my Washington, DC, office, finishing her time on
my staff in her function as State director of constituent services.
Linda has consistently worked long hours over the years, and helped me
immeasurably by her excellence in the field of constituent and
community services and military and veteran relations.
When I met Linda in 1991, I was beginning my bid for a seat in the
U.S. House of Representatives, representing the Second Congressional
District of Idaho. She asked me very direct questions about my stand on
issues, my goals were I to be elected, and my priorities. She vetted
me. Once she was satisfied that I met her standards, she offered to
take over regional operations for my campaign in south central Idaho in
the Magic Valley and Sun Valley area. That began what was to be a
highly successful working relationship of close to two decades, and a
close personal friendship of a lifetime for me, my wife and family.
Linda has worked diligently on every task that she took on, either
given to her or ideas she pursued independently. She has been involved
in land issues, helping as we negotiated sensitive access and
conservation policies with the tribes, the Air Force, the Idaho
Department of Lands, private entities and the counties in the 1990s.
She was my office liaison for the Harriman hiking trail in Sun Valley
that finally was completed just a few years ago. A nurse by training,
Linda is the reason why I became so closely involved in domestic
violence issues. She was the first to crystallize the issue by
arranging for me to visit a safe house where I met two children
physically and emotionally devastated by brutality in their home. At
that moment, I pledged to do all I could to work toward eliminating
this terrible violence that occurs in too many homes across the United
States and beyond.
Linda has a special place in her heart for the military and for
veterans. As an Army spouse, she brought a special sense of empathy to
her work, together with an extraordinarily perceptive understanding of
protocol that goes a long way in ensuring that a Member of Congress's
office maintains a positive relationship with Department of Defense
officials. The importance of this cannot be understated when it comes
to helping Idaho military members and veterans when they have questions
or concerns about military and veterans' affairs issues. Linda leaves
my office held in very high esteem by both Idaho and national military
and veterans affairs officials. Linda also has been solely responsible
for the past 15 years for the military academy nomination process in my
office. The other members of the Idaho delegation have even advised new
staff members to talk to her about the proper procedures and protocol
for this complicated and very important process. And, close to 10 years
ago, Linda suggested that I create the Spirit of Idaho and Spirit of
Freedom awards. The Spirit of Idaho award recognizes extraordinary
efforts of Idahoans for community service performed outside of their
work life. The Spirit of Freedom Award is one that I present annually
to veterans and volunteers for their service to our country and to
veterans.
Linda has worked behind the scenes, helping countless constituents
when they encounter difficulties with federal agency processes and
procedures. She has done everything from facilitate a faster passport
application, to helping a number of Idahoans receive Purple Hearts and
other military awards, and even helped family members obtain them for
relatives long deceased. Linda has celebrated with people who have had
long-term problems resolved and cried with mothers who have gotten
frightening, desperate calls from a son or daughter deployed overseas
and going through bouts of depression or worse. Through it all, she has
maintained her composure, professionalism and judicious compassion.
Linda also has a reputation for being a patient teacher and mentor. She
has provided new staff members with effective training and advice
In all the years Linda has worked for me, she has put Idahoans first
and strictly adhered to the ethical and moral requirements of
congressional staff work. I could ask for no better service nor could
Idahoans. Linda Norris will be missed by staff and constituents alike,
and I will miss her professional counsel and hard work. Fortunately, my
wife and I have years of her friendship to look forward to, and she
knows that Susan and I wish her the best as she begins a new and
different journey in her life.
[[Page 21701]]
____________________
ADOPTION AND CHILD WELFARE POLICY
Mr. ROCKEFELLER. Mr. President, today I would like to talk about the
history of adoption and child welfare policy and the importance of the
Fostering Connections to Success and Increasing Adoptions Act of 2008
which passed in wrap-up on Monday, September 22, 2008.
First, I want to commend Chairman Baucus and Senator Grassley and
their professional staffs who have done incredible work to forge a
consensus and develop this bold package. Subcommittee Chairman
McDermott and Congressman Weller and their staffs showed the same
leadership and commitment in the House. It was a privilege to be part
of the process. This is a strong package with extraordinary broad-based
support from the adoption community, child advocates, and even State
groups. That consensus was essential to move the legislation and act on
behalf of vulnerable children in foster care.
This strong bipartisan, bicameral package will help promote adoption,
support guardianship, and improve the outcomes in foster care. The
package and the process build on the legacy of the 1997 Adoption and
Safe Families Act. In 1997, a bipartisan group came together and
developed legislation that started the adoption incentive program, an
initiative that spurred genuine change in the child welfare system
including doubling the number of adoptions from foster care over the
decade. This means that 443,000 children from foster care have a
permanent home and a family, and 3,600 are West Virginia children. A
family and a permanent home makes all the difference for a child. The
1997 act also changed the reasonable efforts provisions to restore
balance and help focus on the best interest of a child, and providing a
safe, stable and permanent home.
The Fostering Connections to Success and Increasing Adoptions Act of
2008 is a historic initiative to further promote adoption and
permanency for children. It will eliminate, over time, the outdated
connection between adoption assistance eligibility with the broken Aid
To Families with Dependent Children, AFDC, a program that was
terminated in 1996. The new Adoption Assistance Program is phased in
over 10 years, starting with the oldest children or children who have
been in care for over 5 years. The package also updates the adoption
incentive program.
The bill gives States the option to invest in relative guardianship,
a program that was tested and found very successful during the child
welfare waivers. Children in relative placement tend to move less and
get better reports from the teachers. The package also makes a special
investment to promote the promising kinship navigator program to
provide support and referrals to the millions of grandparents and
relatives raising their kin. It provides new tools and direction to
locate relatives as possible care providers. This is an important
option that will lead to more permanency for children.
The bill also requires States to do more on educational stability and
directs that each child has a coordinated health plan that includes
dental and mental health care. This is fundamental for each child. To
help staff do a better job serving children, the bill also invests in
training programs.
The legislation will also invest in the more than 20,000 young people
who age out of foster care, each year. First, it requires that the
youth have full support in developing a transition plan 90 days before
leaving care. It is not right or appropriate for a foster teen to leave
care and move into a homeless shelter. The legislation also encourages
States to extend foster care beyond the age of 18 if the young person
is engaged in education, job training, employment, or has a disability
that prevents such engagement. Young people need and deserve support,
and we know that it makes a positive difference.
Finally, for the first time, thanks to Chairman Baucus' leadership,
the Tribes and Tribal organization will have the option of direct
access to Federal foster care to serve Native American children
directly.
Many of the provisions in this package, particularly improvements in
adoption assistance, have been among my priorities for years. It is
exciting to work with colleagues on a success, and it will be even more
rewarding to work on its implementation for children and families in
West Virginia and nationwide.
____________________
DEPARTMENT OF DEFENSE MEDIA CONSOLIDATION
Ms. MIKULSKI. Mr. President, I wish today to recognize the Department
of Defense for its successful, BRAC-directed consolidation of the Army,
Navy, and Air Force media activities into the new Defense Media
Activity on October 1, 2008. The Department of Defense has greatly
enhanced the consolidation by including the Marine Corps component and
the American Forces Information Service in the new Defense Media
Activity.
The consolidation will improve the effectiveness and efficiency with
which the Department of Defense media operations provides critical news
and information to our Armed Forces around the world. In the summer of
2011, the Defense Media Activity will locate its headquarters to a
state-of-the-art facility at Fort Meade, MD.
The Defense Media Activity is staffed by about 1,700 dedicated
military and civilian employees who work in 15 countries. I wish the
Defense Media Activity continued success in their support of the men
and women of our military services and their families.
____________________
TRIBUTE TO JIM MILLER
Mr. CONRAD. Mr. President, I come to the floor today to honor my
former budget analyst for agriculture, Jim Miller, for his exemplary
service. For the last 4 years, Jim has served me as my lead agriculture
adviser. His efforts have helped produce great legislative successes
for our Nation's farmers and ranchers.
Jim's knowledge of agriculture is extraordinary. His encyclopedic
familiarity with Federal agriculture policy allowed him to know the
answer to any question I would ask about agriculture. Throughout his
service, he garnered the respect and admiration of his colleagues as
well as other Senators for his intelligence and his good nature. His
wise counsel will be missed.
Jim came to my office in August 2004 after working for the National
Farmers Union. Even though Jim had 20 years of agriculture policy
expertise and had farmed in his native Washington State for over 20
years before coming to Washington, he had never worked on Capitol Hill.
But he hit the ground running. Shortly after Jim joined my staff, he
helped me pass an agriculture disaster assistance package for North
Dakota farmers and ranchers in 2004. He also worked for 3 long years to
secure additional disaster assistance for North Dakota farmers stricken
with flooding in 2005 and severe drought in 2006.
I will always remember Jim for his work during the 2008 farm bill.
Jim was my lead negotiator and captain of my farm bill team. Without
his leadership and dedication, this most recent farm bill would not be
as strong as it is. He gave this effort thousands upon thousands of
hours of his time, working with people on both sides of the aisle and
in both Houses of Congress to get a fantastic end result. He was
responsible for helping me deliver the top priorities for North Dakota
producers: increased farm program support levels and a standing
disaster program.
I thank him for helping this Congress produce what I think is the
best farm bill we have ever had. And it isn't just me that thinks
this--it is reflected in the recordbreaking votes we had in the Senate
and the large margin of victory we had on overriding the President's
two vetoes.
Since Jim left my office, he has rejoined the National Farmers Union.
I will forever be grateful for his tireless efforts, his creative
thinking, his coalition building, and friendship. I wish him all the
best in his new endeavor.
[[Page 21702]]
____________________
ADDITIONAL STATEMENTS
______
RECOGNIZING ROY SILVERSTEIN, M.D
Mr. BROWN. Mr. President, I would like to take a few moments
to recognize the achievements of Dr. Roy Silverstein, an Ohioan who has
dedicated his professional life to biomedical research and medicine.
Dr. Silverstein is currently chairman of the Department of Cell
Biology and vice chair for translational research at the Lerner
Research Institute, as well as professor of molecular medicine at the
Cleveland Clinic Lerner College of Medicine at Case Western Reserve
University.
Having chaired multiple grant review panels and published over 100
articles in various publications and scientific journals, Dr.
Silverstein has accomplished an extraordinary number of professional
milestones and achievements.
As committee chair for the American Society of Hematology, ASH, for
the past 4 years, Dr. Silverstein has led the society's efforts to
educate Members of Congress about hematology and the importance of
Federal research funding. In this capacity, Dr. Silverstein has visited
with me and my staff to educate us about the critical issues facing
hematologists.
The skilled advocacy and research of Dr. Silverstein remind many of
us in Congress of how crucial it is to keep NIH funding strong. His
work demonstrates that NIH funding truly is a vehicle for enhancing the
health and wellbeing of Americans. In addition to continuing his own
research in blood clotting and bleeding disorders, Dr. Silverstein has
also shown great commitment to educating our next generation of
physicians and researchers. Dr. Silverstein is a superb advocate for
his profession, and I am grateful for his lifetime contribution to
treating blood diseases and advocating for biomedical research.
____________________
RECOGNIZING HUSSON UNIVERSITY
Ms. COLLINS. Mr. President, I recognize a landmark event at
one of our Nation's great success stories in higher education. On
October 11, 2008, Husson College in my home State of Maine will become
Husson University.
This designation is but the latest chapter in a history that is truly
inspiring. It began more than a century ago, in 1898, when Chesley
Husson founded the Shaw School of Business on the second floor of a
building in downtown Bangor, offering instruction in such cutting-edge
technologies of the day as typing and telegraphy. From the very start,
Husson has remained a private school with an entrepreneurial approach
and a commitment to educating young people of limited means.
Since then, Husson has grown tremendously, both in the size of its
beautiful campus and in the range of the courses and degrees offered.
It has grown because, through all those years, Husson has remained true
to its founding principles of responding to needs, recognizing
opportunities, and delivering real value.
Today, Husson offers a university-caliber range of both undergraduate
and graduate degrees, including graduate professional degrees in
business, health and education. It is home to the New England School of
Communications, which offers audio, video, Web and computer programs,
marketing, theater, and both print and broadcast journalism, and to the
Bangor Theological Seminary, the only accredited graduate school of
religion in Northern New England. In addition to its main campus in
Bangor, Husson has developed a statewide reach with education centers
in South Portland and Presque Isle, the Boat School in Eastport, and
Unobskey College in Calais.
The Husson story is, however, about more than growth in enrollment,
degree offerings, and campus locations. It also is a story of fostering
personal growth, of preparing graduates for successful professional
careers, and of promoting in each student the development of individual
self-worth.
Before coming to the Senate, I had the honor of serving as the
founding director of the Dyke Center for Family Business. I have never
known a school, a faculty, or a student body more focused on preparing
for a professional career than at Husson. Husson truly is remarkable in
its dedication to this aspiration and its clear sense of purpose.
I saw in Husson students an emerging sense of personal pride, a sense
of self-worth grounded in knowledge and confidence. This wonderful
combination of hands-on learning, personal attention from the faculty,
friendships that develop with other students, and self-discovery is the
Husson spirit. As I travel throughout Maine and across the Nation I
find Husson alumni from every walk of life who possess that invaluable
sense of self-worth.
Husson is more than a pretty campus in a small city that shines, as
Thoreau put it, ``like a star on the edge of night.'' Husson is a
network. It is a network that includes teachers, architects, bankers,
nurses and therapists, counselors, criminal justice administrators,
hospital CEOs and doctors, corporate executives and entrepreneurs,
heads of architectural firms, senior law partners and entrepreneurs. It
is a network that reaches across the State of Maine and around the
world.
If there is one thing today's college students do not need to be
told, it is that the world is changing every day. A big part of the
Husson spirit is anticipating change. Among Husson alumni there are
business graduates who have become architects and attorneys, nurses who
are hospital CEOs, and teachers who have become ministers. A Husson
degree is more than proof that a student can do one thing well. By
developing the skills to perfect one profession, Husson graduates learn
the discipline, leadership skills, and problem-solving capabilities to
change with the times. The Husson spirit is not just about being part
of change, but of leading it.
The change I recognize today is evidence of that spirit. I
congratulate Husson College as it becomes Husson University. The Husson
story is remarkable, but I know that the most remarkable chapters have
yet to be written.
____________________
CHARLES CITY COMMUNITY EDUCATION
Mr. HARKIN. Mr. President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes today, to salute the
dedicated teachers, administrators, and school board members in the
Charles City Community School District, and to report on their
participation in a unique Federal partnership to repair and modernize
school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Charles City Community School District received several fire
safety grants totaling $377,303. The 2001, 2003 and 2005 grants were
used to upgrade fire safety systems at the high school, the middle
school and Washington Elementary. The 2002 grant was used to upgrade
the electrical system at the high school. The Federal grants have made
it possible for the district to provide quality and safe schools for
their students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of
[[Page 21703]]
collaboration among local officials and concerned citizens. I salute
the entire staff, administration, and governance in the Charles City
Community School District. In particular, I would like to recognize the
leadership of the board of education--Mark Miller, Ralph Smith, Matt
Spading, Bill Fenholt and Randy Heitz, and former board members, Sam
Offerman, Dean Tjaden, Susan Ayers, Patti Emmel, Scott Dight, Virginia
Ruzicka and DeLaine Freeseman. I would also like to recognize
superintendent Andy Pattee, former superintendents David Bradley and
Marty Lucas, buildings and grounds director Steve Otto and business
manager Terri O'Brien.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Charles City Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
LOGAN-MAGNOLIA COMMUNITY EDUCATION
Mr. HARKIN. Mr. President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes today to salute the dedicated
teachers, administrators, and school board members in the Logan-
Magnolia Community School District and to report on their participation
in a unique Federal partnership to repair and modernize school
facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Logan-Magnolia Community School District received a 2002 Harkin
grant totaling $1 million which it used to help build additional
classrooms. These additional classrooms allowed the district to provide
preschool, special education, and afterschool programs. This school is
a modern, state-of-the-art facility that befits the educational
ambitions and excellence of this school district. Indeed, it is the
kind of school facility that every child in America deserves.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Logan-Magnolia Community School District. In particular, I would
like to recognize the leadership of the board of education--president
Dennis Alvis, vice-president Kevin Mann, Kelly Gochenour, Mike
Branstetter and Dan Cohrs, and former members, president Randy Koenig,
Kris Earlywine, Lynda Hennesey, and Jim Noneman. I would also like to
recognize superintendent James Hammrich, former superintendent Ed
Gambs, principal Jim Makey, principal Katy Sojka, board secretary and
business manager Karen Jacobsen, and secretaries Mary Johnsen, Cheryl
Greenwood, and Margaret Straight.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Logan-Magnolia Community School District. There is no question that
a quality public education for every child is a top priority in that
community. I salute them and wish them a very successful new school
year.
____________________
NEVADA COMMUNITY EDUCATION
Mr. HARKIN. Mr. President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes, today, to salute the
dedicated teachers, administrators, and school board members in the
Nevada Community School District, and to report on their participation
in a unique Federal partnership to repair and modernize school
facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Nevada Community School District received several Harkin fire
safety grants totaling $ 154,000 which it used to install fire alarm
systems at the elementary, middle and high schools as well as emergency
lighting at the high school. The Federal grants have made it possible
for the district to provide quality and safe schools for their
students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute superintendent James Walker, the entire staff,
administration, and governance in the Nevada Community School District.
In particular, I would like to recognize the leadership of the board of
education--president Curt Hoff, Marcia Engler, David Laird, Marty
Chitty and Mike Bates, as well as former members president Carol
Holstine, Dan Morrical, Renee Larsen, Laura Lillard, Bill Van Sickle,
Jim Niblock and Marty Mortvedt. Building and grounds director Richard
``Scottie'' Scott, business manager Brian Schaeffer, and former
superintendent Harold Hulleman were all instrumental in the application
and implementation of the grant.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone,
[[Page 21704]]
according to a recent study, some 79 percent of public schools need to
be upgraded or repaired. The harsh reality is that the average age of
school buildings in the United States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Nevada Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
OTTUMWA COMMUNITY EDUCATION
Mr. HARKIN. Mr. President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes today to salute the dedicated
teachers, administrators, and school board members in the Ottumwa
Community School District, and to report on their participation in a
unique Federal partnership to repair and modernize school facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Ottumwa Community School District received several Harkin grants
totaling $3,129,313 which it used to help modernize and make safety
improvements throughout the district. Harkin construction grants
totaling $2 million have helped with renovations at several schools in
the district including Ottumwa High School, Evans Middle School and
Douma and James Elementary Schools. These projects have included new
classrooms, new roofs, and new HVAC systems. These schools are the
modern, state-of-the-art facilities that befit the educational
ambitions and excellence of this school district. Indeed, they are the
kind of schools that every child in America deserves.
The district also received eight fire safety grants totaling
$1,129,313 to make improvements at buildings throughout the district
including Ottumwa High School, the alternative high school, Evans
Middle School, Wildwood, Wilson, Agassiz, Horace Mann, James and
Pickwick Elementary Schools. The improvements included emergency and
exit lighting, new sprinkler systems, upgraded fire alarm systems,
electrical work and other safety repairs. The Federal grants have made
it possible for the district to provide quality and safe schools for
their students.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Ottumwa Community School District. In particular, I would like to
recognize the leadership of the board of education--Pat Curran, Cindy
Kurtz-Hopkins, Carol Mitchell, Payson Moreland, Ron Oswalt, Doug
Mathias and Jeff Strunk and former board members Cathy Angle, Ken
Crosser, Bob Ketcham, Don Krieger, Andrea McDowell, Michael Neary,
Steve Menke, Jerri Stroda, Bob Warren and Mark Zeller. I would also
like to recognize superintendent Jon Sheldahl; former superintendents
Joe Scalzo and Tom Rubel; business managers Dick Springsteen and John
Donner; directors of operations Lowell Smith, Steve Propp, Darrell
Reams and Danny Renfrew; and community programs director Kim Hellige.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultramodern shopping malls and gleaming
sports arenas on weekends, but during the week go to school in rundown
or antiquated facilities. This sends exactly the wrong message to our
young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Ottumwa Community School District. There is no question that a
quality public education for every child is a top priority in that
community. I salute them, and wish them a very successful new school
year.
____________________
WESTERN DUBUQUE COMMUNITY EDUCATION
Mr. HARKIN. Mr. President, in Iowa and across the United
States, a new school year has begun. As you know, Iowa public schools
have an excellent reputation nationwide, and Iowa students' test scores
are among the highest in the Nation.
I would like to take just a few minutes today to salute the dedicated
teachers, administrators, and school board members in the Western
Dubuque Community School District, and to report on their participation
in a unique Federal partnership to repair and modernize school
facilities.
This fall marks the 10th year of the Iowa Demonstration Construction
Grant Program. That is its formal name, but it is better known among
educators in Iowa as the program of Harkin grants for Iowa public
schools. Since 1998, I have been fortunate to secure a total of $121
million for the State government in Iowa, which selects worthy school
districts to receive these grants for a range of renovation and repair
efforts--everything from updating fire safety systems to building new
schools or renovating existing facilities. In many cases, this Federal
funding is used to leverage public and/or private local funding, so it
often has a tremendous multiplier effect in a local school district.
The Western Dubuque Community School District received two Harkin
grants totaling $1.5 million which it used to help with several
projects in the district. A 2001 construction grant for $500,000 was
used to help build a new school in Epworth, an addition to the Cascade
school to provide classrooms for preschool and kindergarten programs
and for additions for career education to the district's two high
schools. The district received a $1 million grant in 2002 to help build
pre-kindergarten classrooms in Farley and Peosta. These schools are the
modern, state-of-the-art facilities that befit the educational
ambitions and excellence of this school district. Indeed, they are the
kind of school facilities that every child in America deserves.
Excellent schools do not just pop up like mushrooms after a rain.
They are the product of vision, leadership, persistence, and a
tremendous amount of collaboration among local officials and concerned
citizens. I salute the entire staff, administration, and governance in
the Western Dubuque Community School District. In particular, I'd like
to recognize the leadership of the current board of education--Robert
McCabe, Jeanne Coppola, Barb Weber, Mark Knuth, Gary McAndrew and
former board members June Brandenburg, Tom Gassman, Dr. Tom Miner, John
Howard, Nancy Ludwig and John Perrenoud. I would also like to recognize
superintendent Jeff Corkery, former superintendents Harold
[[Page 21705]]
Knutsen, Bev Goerdt and Wayne Drexler, director of buildings and
grounds Bob Hingtgen, business manager Dave Wegeman and the members of
the Kids First Committee, Cascade Area Resource for Education--CARE--
and Bobcat Capital Support Foundation.
As we mark the 10th anniversary of the Harkin school grant program in
Iowa, I am obliged to point out that many thousands of school buildings
and facilities across the United States are in dire need of renovation
or replacement. In my State of Iowa alone, according to a recent study,
some 79 percent of public schools need to be upgraded or repaired. The
harsh reality is that the average age of school buildings in the United
States is nearly 50 years.
Too often, our children visit ultra modern shopping malls and
gleaming sports arenas on weekends, but during the week go to school in
rundown or antiquated facilities. This sends exactly the wrong message
to our young people about our priorities. We have to do better.
That is why I am deeply grateful to the professionals and parents in
the Western Dubuque Community School District. There is no question
that a quality public education for every child is a top priority in
that community. I salute them, and wish them a very successful new
school year.
____________________
TRIBUTE TO YWCA OF NORTHWEST GEORGIA
Mr. ISAKSON. Mr. President, on October 23, 2008, the YWCA of
Northwest Georgia will hold a vigil on Marietta Square in my hometown
to commemorate Domestic Violence Awareness Month. I wish to express my
gratitude for the work of the YWCA of Northwest Georgia and its
executive director Holly Comer as they bring awareness to this
important issue and its impact on our community.
The YWCA of Northwest Georgia opened the doors to the first domestic
violence shelter in Cobb County in 1978 in an effort to end domestic
violence in our State, our communities, and our homes. A home should be
a place of stability, comfort, and love. Domestic violence shatters
this important foundation. The terrible tragedies that result from
domestic violence destroy lives and insult the dignity of women, men,
and children. I believe I represent all Georgians when I say thank you
to the YWCA of Northwest Georgia for its hard work to combat domestic
violence and help those who have been victimized.
I am grateful for the social service providers, advocates,
counselors, and many others who provide care for the victims. I am also
grateful to the law enforcement personnel and others who work to bring
offenders to justice. As we recognize Domestic Violence Awareness
Month, we are reminded of the important service these individuals
provide.
Domestic violence has no place in our society, and I am strongly
committed to addressing domestic violence and helping those who have
been victimized. By working together with the YWCA of Northwest Georgia
and its dedicated staff, we can build a Georgia where every home honors
the value and dignity of its loved ones.
____________________
100TH ANNIVERSARY OF GEORGIAN COURT UNIVERSITY
Mr. LAUTENBERG. Mr. President, today I congratulate Georgian
Court University, GCU, on its 100th anniversary. For the past century,
GCU has been a leader in higher education, encouraging intellectual
inquiry, ethical professionalism, and community involvement. I am proud
to have this institution in New Jersey, and it is an honor to pay
tribute to its achievements.
Georgian Court University was founded by the Sisters of Mercy in 1908
as a women's college, and it remains dedicated to the success of women
today. The Women's College at GCU provides an environment conducive to
academic achievement and offers a liberal arts education tailored to
women's learning styles. In particular, GCU's Women in Leadership
Development Program is one of the most powerful programs for young
women today. By participating on university committees, making
presentations, lobbying legislators, and networking with mentors,
students develop the skills and tools needed by today's successful
women leaders.
In the 1970s, Georgian Court University expanded its programs and
opened its doors to men. Over the decades, GCU has added buildings and
faculty to meet the growing student population, which stands at more
than 3,000 today. In addition to the original GCU estate, which has
been preserved and is on the National Register of Historic Places, the
GCU landscape includes a new wellness center, residence hall, chapel,
and science wing that were all added in the last several years.
With 29 undergraduate and eight graduate degree offerings, GCU
continues to develop new academic programs. Their new nursing program,
established just this year, will help stem nursing shortages in New
Jersey. Their accelerated and executive MBA program allows executives
to gain the information they need to advance their careers, and as one
of only 50 NASA Educational Resource Centers, GCU ensures that teachers
have the most up-to-date scientific information for their classrooms.
Finally, I would like to pay tribute to the service of Georgian Court
University's faculty and students. Whether sending teams of students
and staff to install water systems in poverty-stricken areas of
Honduras or helping local homeless populations in New Jersey, GCU is
committed to making the world a better place.
Mr. President, the students, alumni, and staff of Georgian Court
University have much to be proud of as they celebrate 100 years of
academia. I applaud GCU for its many years of service, and I wish the
university continued success in the years ahead.
____________________
TRIBUTE TO MARY MARK
Mr. SMITH. Mr. President, former Oregon Governor Tom McCall
once said, ``Heroes are not statues framed against a red sky. They are
people who say, `This is my community and it is my responsibility to
make it better'.''
Today I pay tribute to a remarkable lady who truly earned the title
of ``hero,'' because few individuals have done more in the past several
decades to make the community of Portland, OR, a better place than Mary
Mark. Mary passed away recently, and last week I joined with over 600
other Oregonians in attending a tribute service that honored Mary's
life and legacy.
I first met Mary some 13 years ago when I was just beginning my
campaign for the Senate. I had heard from many friends of the sterling
reputation of Mary and her husband Pete and their status as two of
Oregon's most generous philanthropists, but since I was from east of
the mountains, I had not had the opportunity to meet them. And,
unfortunately, the purpose of our meeting was for me to do something I
hate to do, but which is a necessary evil for running for office--and
that's to ask people for money.
It didn't take me but a few minutes into the meeting to reach a few
conclusions--conclusions that have been reinforced time and time again
over the years. First, Mary and Pete were two of the warmest and most
gracious people I had ever met. There is a tradition here on the floor
of the U.S. Senate where members refer to each other as ``gentleman''
or ``gentlelady.'' We yield to the ``gentleman from Iowa,'' or we agree
with the remarks of the ``gentlelady from Maine.'' There are some who
believe the terms are quaint and old-fashioned. I do not. I don't think
that manners and kindness and courtesy ever go out of fashion. And I
can't think of better words to describe Pete and Mary as a
``gentleman'' and a ``gentlelady.''
The second conclusion I reached is that Mary and Pete were two of the
keenest observers of the political scene that I had ever met. I always
looked forward to our meetings, because I knew that Mary was going to
ask me some tough questions, and I knew she
[[Page 21706]]
would share with me her very perceptive opinions. To be frank, in our
business it is easy to find individuals who will tell me what they
think I want to hear. Mary Mark always told me what I needed to hear.
It was also easy to see that as much as Mary loved her country and
her community, the true great love of her life was her husband, and
their wonderful children and grandchildren. Mary understood
instinctively that our success as a society depends not on what happens
in the conference tables of Washington, DC, but on what happens at
kitchen tables in every community in Oregon. And when Sharon and I
experienced a tragedy in our family, Mary and Pete reached out to us
with kindness and compassion.
Mr. President, the Greek poet Sophocles once wrote, ``One must wait
until the evening to see how splendid the day has been.'' For her
family, for the community of Portland, and for Mary's countless friends
and admirers, the evening of Mary's life came much too soon. It is my
hope, however, that we can find solace in the fact that in the evening
of her time on earth, Mary Mark could look back at a life filled with
family, a life filled with generosity, a life filled with service to
others, a life filled with making a positive difference, and say that
the day had indeed been splendid.
May God bless Mary Mark, and may we all carry on her legacy by loving
our community and by loving our family.
____________________
MESSAGES FROM THE HOUSE
______
ENROLLED BILLS SIGNED
At 9:33 a.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the Speaker has
signed the following enrolled bills:
S. 1760. An act to amend the Public Health Service Act with
respect to the Healthy Start Initiative.
S. 3241. An act to designate the facility of the United
States Postal Service located at 1717 Orange Avenue in Fort
Pierce, Florida, as the ``CeeCee Ross Lyles Post Office
Building''.
H.R. 923. An act to provide for the investigation of
certain unsolved civil rights crimes, and for other purposes.
H.R. 1199. An act to extend the grant program for drug-
endangered children.
H.R. 5834. An act to amend the North Korean Human Rights
Act of 2004 to promote respect for the fundamental human
rights of the people of North Korea, and for other purposes.
H.R. 6984. An act to amend title 49, United States Code, to
extend authorizations for the airport improvement program, to
amend the Internal Revenue Code of 1986 to extend the funding
and expenditure authority of the Airport and Airway Trust
Fund, and for other purposes.
____
At 12:25 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House
agrees to the amendment of the Senate to the bill (H. R. 2638) making
appropriations for the Department of Homeland Security for the fiscal
year ending September 20, 2008, and for other purposes, with an
amendment, in which it requests the concurrence of the Senate.
____
At 2:30 p.m., a message from the House of Representatives, delivered
by Mr. Zapata, one of its reading clerks, announced that the House
agrees to the amendment of the Senate to the bill (H.R. 2095) to amend
title 49, United States Code, to prevent railroad fatalities, injuries
and hazardous materials releases, to authorize the Federal Railroad
Safety Administration, and for other purposes, with an amendment, in
which it requests the concurrence of the Senate.
____
At 3:07 p.m., a message from the House of Representatives, delivered
by Mr. Zapata, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 2583. An act to amend title VII of the Public Health
Service Act to establish a loan program for eligible
hospitals to establish residency in training programs.
H.R. 3511. An act to designate the facility of the United
States Postal Service located at 2150 East Hardtner Drive in
Urania, Louisiana, as the ``Murphy A. Tannehill Post Office
Building.''
H.R. 5265. An act to amend the Public Health Service Act to
provide for research with respect to various forms of
muscular dystrophy, including Becker, congenital, distal,
Duchenne, Emery-Dreifuss facioscapulohumeral, limb-girdle,
myotonic, and oculopharyngeal, muscular dystrophies.
H.R. 6198. An act to designate the facility of the United
States Postal Service located at 1700 Cleveland Avenue in
Kansas City, Missouri, as the ``Reverend Earl Abel Post
Office Building.''
H.R. 6353. An act to amend the Controlled Substances Act to
address online pharmacies.
H.R. 6406. An act to elevate the Inspector General of the
Commodity Futures Trading Commission to an Inspector General
appointed pursuant to section 3 of the Inspector General Act
of 1978.
H.R. 6849. An act to amend the commodity provisions of the
Food, Conservation, and Energy Act of 2008 to permit
producers to aggregate base acres and reconstitute farms to
avoid the prohibition on receiving direct payments, counter-
cyclical payments, or average crop revenue election payments
when the sum of the base acres of a farm is 10 acres or less,
and for other purposes.
H.R. 6874. An act to designate the facility of the United
States Postal Service located at 156 Taunton Avenue in
Seekonk Massachusetts, as the ``Lance Corporal Eric Paul
Valdepenas Post Office Building.''
H.R. 6908. An act to require that limitations and
restrictions on coverage under group health plans be timely
disclosed to group health plan sponsors and timely
communicated to participants and beneficiaries under such
plans in a form that is easily understandable.
The message also announced that the House has agreed to the following
concurrent resolutions, in which it requests the concurrence of the
Senate:
H. Con. Res. 223. Concurrent resolution honoring
professional surveyors and recognizing their contributions to
society.
H. Con. Res. 351. Concurrent resolution honoring the 225th
anniversary of the Continental Congress meeting in Nassau
Hall, Princeton, New Jersey, in 1783.
H. Con. Res. 386. Concurrent resolution recognizing and
celebrating the 232d anniversary of the signing of the
Declaration of Independence.
The message further announced that the House has passed the following
bills, without amendment:
S. 2606. An act to reauthorize the United States Fire
Administration, and for other purposes.
S. 3009. An act to designate the Federal Bureau of
Investigation building under construction in Omaha, Nebraska,
as the ``J. James Exon Federal Bureau of Investigation
Building.''
____
At 6:50 p.m., a message from the House of Representatives, delivered
by Mrs. Cole, one of its reading clerks, announced that the House has
passed the following bills, in which it requests the concurrence of the
Senate:
H.R. 160. An act to amend the American Battlefield
Protection Act of 1996 to establish a battlefield acquisition
grant program for the acquisition and protection of
nationally significant battlefields and associated sites of
the Revolutionary War and the War of 1812, and for other
purposes.
H.R. 758. An act to require that health plans provide
coverage for a minimum hospital stay for mastectomies,
lumpectomies, and lymph node dissection for the treatment of
breast cancer and coverage for secondary consultations.
H.R. 1532. An act to amend the Public Health Service Act
with respect to making progress toward the goal of
eliminating tuberculosis, and for other purposes.
H.R. 2933. An act to amend the American Battlefield
Protection Act of 1996 to extend the authorization for that
Act, and for other purposes.
H.R. 2994. An act to amend the Public Health Service Act
with respect to pain care.
H.R. 4544. An act to require the issuance of medals to
recognize the dedication and valor of Native American code
talkers.
H.R. 4828. An act to amend the Palo Alto Battlefield
National Historic Site Act of 1991 to expand the boundaries
of the historic site, and for other purposes.
H.R. 6323. An act to establish a research, development,
demonstration, and commercial application program to promote
research of appropriate technologies for heavy duty plug-in
hybrid vehicles and for other purposes.
H.R. 6980. An act to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to increase the
amount of the Medal of Honor special pension provided under
that title by up to $1,000.
The message also announced that the House has passed the following
bills with an amendment, in which it requests the concurrence of the
Senate:
S. 2162. An act to improve the treatment and services
provided by the Department of Veterans Affairs to veterans
with post-traumatic stress disorder and substance use
disorders, and for other purposes.
[[Page 21707]]
S. 3023. An act to amend title 38, United States Code, to
improve and enhance compensation and pension, housing, labor
and education, and insurance benefits for veterans, and for
other purposes.
____________________
MEASURES REFERRED
The following bill was read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 6980. An act to amend title 38, United States Code, to
authorize the Secretary of Veterans Affairs to increase the
amount of the Medal of Honor special pension provided under
that title by up to $1,000; to the Committee on Veterans'
Affairs.
____________________
ENROLLED BILLS AND JOINT RESOLUTIONS PRESENTED
The Secretary of the Senate reported that on today, September 25,
2008, she had presented to the President of the United States the
following enrolled bills and joint resolutions:
S. 171. An act to designate the facility of the United
States Postal Service located at 301 Commerce Street in
Commerce, Oklahoma, as the ``Mickey Mantle Post Office
Building''.
S. 2135. An act to prohibit the recruitment or use of child
soldiers, to designate persons who recruit or use child
soldiers as inadmissible aliens, to allow the deportation of
persons who recruit or use child soldiers, and for other
purposes.
S.J. Res. 35. Joint resolution to amend Public Law 108-331
to provide for the construction and related activities in
support of the Very Energetic Radiation Imaging Telescope
Array System (VERITAS) project in Arizona.
S.J. Res. 45. Joint resolution expressing the consent and
approval of Congress to an interstate compact regarding water
resources in the Great Lakes--St. Lawrence River Basin.
____________________
EXECUTIVE AND OTHER COMMUNICATIONS
The following communications were laid before the Senate, together
with accompanying papers, reports, and documents, and were referred as
indicated:
EC-7881. A communication from the Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Atka Mackerel Lottery
in Areas 542 and 543'' ((RIN0648-XJ73)(Docket No. 071106673-
8011-02)) received on September 8, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7882. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Northeastern United States; Atlantic
Bluefish Fishery; Quota Transfer'' ((RIN0648-XJ49)(Docket No.
061109296-7009-02)) received on September 8, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7883. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Greenland Turbot in the Aleutian Islands Subarea of the
Bering Sea and Aleutian Islands Management Area'' ((RIN0648-
XJ81)(Docket No. 071106673-8011-02)) received on September 8,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7884. A communication from the Director, Office of
Sustainable Fisheries, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Fisheries of
the Exclusive Economic Zone Off Alaska; Reallocation of Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area; Correction'' ((RIN0648-XJ59)(Docket No. 071106673-8011-
02)) received on September 8, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7885. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Snapper-grouper Fishery of the South Atlantic;
Closure of the 2008 Commercial Fishery for Golden Tilefish in
the South Atlantic'' ((RIN0648-XI45)(Docket No. 040205043-
4043-01)) received on September 8, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7886. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pollock in Statistical Area 630 in the Gulf of Alaska''
((RIN0648-XK11)(Docket No. 071106671-8010-02)) received on
September 8, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7887. A communication from the Acting Assistant
Administrator for Fisheries, Office of Sustainable Fisheries,
Department of Commerce, transmitting, pursuant to law, the
report of a rule entitled ``Fisheries in the Western Pacific;
Precious Corals Fisheries; Black Coral Quota and Gold Coral
Moratorium'' ((RIN0648-AV30)(Docket No. 070720400-81019-02))
received on September 8, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7888. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Shallow-Water Species Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska'' ((RIN0648-XJ66)(Docket No. 071106671-
8010-02)) received on September 8, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7889. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Greenland Turbot in the Bering Sea and Aleutian Islands
Management Area ((RIN0648-XJ95)(Docket No. 071106673-8011-
02)) received on September 8, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7890. A communication from the Attorney Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Special
Local Regulations (including 2 regulations beginning with
USCG-2008-0763)'' (RIN1625-AA00) received on September 9,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7891. A communication from the Attorney Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone
Regulations (including 2 regulations beginning with USCG-
2008-0218)'' (RIN1625-AA00) received on September 9, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7892. A communication from the Attorney Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Regulated
Navigation Area and Safety Zone, Chicago Sanitary and Ship
Canal, Romeoville, IL'' ((RIN1625-AA11)(Docket No. USCG-2008-
0470)) received on September 9, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7893. A communication from the Attorney Advisor, U.S.
Coast Guard, Department of Homeland Security, transmitting,
pursuant to law, the report of a rule entitled ``Safety Zone
Regulations (including 10 regulations beginning with USCG-
2008-0433)'' (RIN1625-AA00) received on September 9, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7894. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Catcher Vessels 60 ft (18.3 m) LOA and Longer
Using Hook-and-Line Gear in the Bering Sea and Aleutian
Islands Management Area'' ((RIN0648-XK13)(Docket No.
071106673-8011-02)) received on September 12, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7895. A communication from the Acting Director, Office
of Sustainable Fisheries, Department of Commerce,
transmitting, pursuant to law, the report of a rule entitled
``Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area'' ((RIN0648-XK14)(Docket No. 071106673-8011-02))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7896. A communication from the Chief of Staff, Media
Bureau, Federal Communications Commission, transmitting,
pursuant to law, the report of a rule entitled ``Amendment of
Section 73.202(b), FM Table of Allotments, FM Broadcast
Stations; Water Mill and Noyack, New York'' (MB Docket No.
03-44) received on September 12, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7897. A communication from the Chief of the Policy
Division, International Bureau, Federal Communications
Commission, transmitting, pursuant to law, the report of a
rule entitled ``In the Matter of Spectrum and Service Rules
for Ancillary Terrestrial Components in the 1.6/2.4 GHz Big
LEO Bands'' (IB Docket No. 07-253) received on September 12,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7898. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Taking of Marine Mammals
Incidental to Commercial Fishing Operations; Atlantic Large
Whale Reduction Plan Regulations'' ((RIN0648-AW84)(Docket No.
080509647-81084-02)) received on September 12, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7899. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
[[Page 21708]]
pursuant to law, the report of a rule entitled ``Magnuson-
Stevens Fishery Conservation and Management Act Provisions;
Fisheries of the Northeastern United States; Monkfish
Fishery; Framework Adjustment 6 to the Monkfish Fishery
Management Plan'' ((RIN0648-AW81)(Docket No. 08-627793-81063-
02)) received on September 18, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7900. A communication from the Regulations Officer,
Federal Highway Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Advance Construction of Federal-Aid Projects'' (RIN2125-
AF23) received on September 18, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7901. A communication from the Acting Assistant General
Counsel for Regulations, Office of the Secretary of
Transportation, Department of Transportation, transmitting,
pursuant to law, the report of a rule entitled
``Nondiscrimination on the Basis of Disability in Air
Travel'' (RIN2105-AC97) received on September 18, 2008; to
the Committee on Commerce, Science, and Transportation.
EC-7902. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Cirrus Design Corporation Model
SR20 and SR22 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-
2007-28245)) received on September 18, 2008; to the Committee
on Commerce, Science, and Transportation.
EC-7903. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Airbus Model A300 and A300-600
Series Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0222))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7904. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Boeing Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747-400D, 700-400F, 747SR, and 747SP Series Airplanes''
((RIN2120-AA64)(Docket No. FAA-2008-0166)) received on
September 18, 2008; to the Committee on Commerce, Science,
and Transportation.
EC-7905. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lycoming Engines, Fuel Injected
Reciprocating Engines'' ((RIN2120-AA64)(Docket No. FAA-2007-
0218)) received on September 18, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7906. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Agusta S.p.A. Model AB 139 and AW
139 Helicopters'' ((RIN2120-AA64)(Docket No. FAA-2008-0256))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7907. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bell Helicopter Textron Canada
Model 206L, L-1, L-3, L-4, and 407 Helicopters'' ((RIN2120-
AA64)(Docket No. FAA-2008-0258)) received on September 18,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7908. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Bell Helicopter Textron Canada
Model 222, 222B, 222U, 230 and 430 Helicopters'' ((RIN2120-
AA64)(Docket No. FAA-2008-0039)) received on September 18,
2008; to the Committee on Commerce, Science, and
Transportation.
EC-7909. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; McDonnell Douglas Model DC-9-81
(MD-81), DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87),
and MD-88 Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-
29335)) received on September 18, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7910. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Lockheed Model 1329 Series
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2007-28255))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7911. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Gulfstream Aerospace LP Model
Astra SPX, 1125 Westwind Astra, and Gulfstream 100
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0299))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7912. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; Dassault Model Falcon 2000
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0272))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7913. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Airworthiness Directives; APEX Aircraft Model CAP 10 B
Airplanes'' ((RIN2120-AA64)(Docket No. FAA-2008-0536))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7914. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Modification of Class E Airspace; Staunton, VA'' ((Docket
No. FAA-2008-0170)(Airspace Docket No. 08-AEA-16)) received
on September 18, 2008; to the Committee on Commerce, Science,
and Transportation.
EC-7915. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Revision of Restricted Area 5107A; White Sands Missile
Range, NM'' ((RIN2120-AA66)(Docket No. FAA-2008-0628))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7916. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Modification of Area Navigation Route Q-110 and Jet Route
J-73; Florida'' ((Docket No. FAA-2008-0187)(Airspace Docket
No. 07-ASO-27)) received on September 18, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-7917. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Amendment of Class D and Class E Airspace; Altus AFB, OK;
Confirmation of Effective Date'' ((Docket No. FAA-2008-
0339)(Airspace Docket No. 08-ASW-5)) received on September
18, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-7918. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Amendment of Class E Airspace; Factoryville, PA'' ((Docket
No. FAA-2007-29361)(Airspace Docket No. 07-AEA-5)) received
on September 18, 2008; to the Committee on Commerce, Science,
and Transportation.
EC-7919. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Modification of Class D and Class E Airspace; Rome, NY''
((Docket No. FAA-2008-0550)(Airspace Docket No. 08-AEA-21))
received on September 18, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-7920. A communication from the Program Analyst, Federal
Aviation Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Flight Simulation Training Device Initial and Continuing
Qualification and Use'' ((RIN2120-AJ12)(Docket No. FAA-2002-
12461)) received on September 18, 2008; to the Committee on
Commerce, Science, and Transportation.
EC-7921. A communication from the Secretary of the
Treasury, transmitting, pursuant to Executive Order 13313 of
July 31, 2003, the semiannual report detailing payments made
to Cuba as a result of the provision of telecommunications
services pursuant to Department of the Treasury specific
licenses; to the Committee on Foreign Relations.
EC-7922. A communication from the President of the United
States, transmitting, pursuant to law, a report entitled
``Comprehensive Nuclear Threat Reduction and Security Plan'';
to the Committee on Foreign Relations.
EC-7923. A communication from the Acting Assistant
Secretary, Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to providing
information on U.S. military personnel and U.S. civilian
contractors involved in the anti-narcotics campaign in
Colombia; to the Committee on Foreign Relations.
EC-7924. A communication from the Director, Office of
National Drug Control Policy, Executive Office of the
President, transmitting, pursuant to law, a report relative
to the U.S. Agency for International Development's accounting
of fiscal year 2007 drug control obligations and performance
measures; to the Committee on Foreign Relations.
[[Page 21709]]
EC-7925. A communication from the Acting Assistant
Secretary, Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed manufacturing license agreement for the manufacture
of significant military equipment abroad; to the Committee on
Foreign Relations.
EC-7926. A communication from the Acting Assistant Legal
Adviser for Treaty Affairs, Department of State,
transmitting, pursuant to the Case-Zablocki Act, 1 U.S.C.
112b, as amended, the report of the texts and background
statements of international agreements, other than treaties
(List 2008-149--2008-153); to the Committee on Foreign
Relations.
EC-7927. A communication from the Acting Assistant
Secretary, Legislative Affairs, Department of State,
transmitting, pursuant to the Arms Export Control Act, a
certification regarding the proposed transfer of major
defense equipment from the ex-HMAS Canberra, a Frigate of the
Oliver Hazard Perry Class, to the Australian State Government
of Victoria; to the Committee on Foreign Relations.
EC-7928. A communication from the Acting Assistant
Secretary, Legislative Affairs, Department of State,
transmitting, pursuant to law, the certification of a
proposed manufacturing license for the manufacture of
significant military equipment abroad (Centaur High Capacity
Data Radio); to the Committee on Foreign Relations.
EC-7929. A communication from the Acting Assistant
Secretary, Legislative Affairs, Department of State,
transmitting, pursuant to law, the report of a rule entitled
``Amendment to the International Arms Traffic in Arms
Regulations: Rwanda'' (22 CFR Part 126) received on September
18, 2008; to the Committee on Foreign Relations.
EC-7930. A communication from the Administrator, Business
and Cooperative Programs, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Intermediary Relending Program'' (RIN0570-AA70) received on
September 17, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-7931. A communication from the Assistant Director of the
Directives and Regulations Branch, Forest Service, Department
of Agriculture, transmitting, pursuant to law, the report of
a rule entitled ``Predecisional Administrative Review Process
for Hazardous Fuel Reduction Projects Authorized Under the
Healthy Forests Restoration Act of 2003'' (RIN0596-AC15)
received on September 15, 2008; to the Committee on
Agriculture, Nutrition, and Forestry.
EC-7932. A communication from the Division Director, Policy
Issuances Division, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Accredited
Laboratory Programs'' (RIN0583-AD09) received on September
18, 2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-7933. A communication from the Administrator, Risk
Management Agency, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Common Crop
Insurance Regulations; Dry Pea Crop Provisions'' (RIN0563-
AC14) received on September 18, 2008; to the Committee on
Agriculture, Nutrition, and Forestry.
EC-7934. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
Department of Agriculture, transmitting, pursuant to law, the
report of a rule entitled ``Tuberculosis; Amend the Status of
California from Accredited Free to Modified Accredited
Advanced'' (Docket No. APHIS-2008-0067) received on September
18, 2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-7935. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
Department of Agriculture, transmitting, pursuant to law, the
report of a rule entitled ``National Animal Identification
System; Use of 840 Animal Identification Numbers for U.S.-
Born Animals Only'' (Docket No. APHIS-2008-0077) received on
September 18, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-7936. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
transmitting, pursuant to law, the report of a rule entitled
``Tuberculosis; Amend the Status of New Mexico from
Accredited Free to Modified Accredited Advanced'' (Docket No.
APHIS-2008-0068) received on September 17, 2008; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-7937. A communication from the Secretary of Labor,
transmitting, pursuant to law, a report on a violation of the
Anti-Deficiency Act relative to the Senior Community Service
Employment Program (SCSEP); to the Committee on
Appropriations.
EC-7938. A communication from the Administrator, U.S.
Agency for International Development, transmitting, pursuant
to law, a report on a violation of the Anti-Deficiency Act
relative to a lease agreement for additional office space in
Washington, D.C.; to the Committee on Appropriations.
EC-7939. A communication from the Under Secretary of
Defense (Personnel and Readiness), transmitting, pursuant to
law, a report entitled ``2008 Report to Congress on
Sustainable Ranges''; to the Committee on Armed Services.
EC-7940. A communication from the Chief, Programs and
Legislation Division, Department of the Air Force,
transmitting, pursuant to law, a report relative to a public-
private competition conducted on September 8, 2008; to the
Committee on Armed Services.
EC-7941. A communication from the Chief, Programs and
Legislation Division, Department of the Air Force,
transmitting, pursuant to law, a report relative to the
initiation of a single function standard competition of the
Maintenance Function located at Kaena Point; to the Committee
on Armed Services.
EC-7942. A communication from the Chief Counsel, Federal
Emergency Management Agency, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Suspension of Community Eligibility'' ((Docket No. FEMA-
8037)(44 CFR Part 64)) received on September 12, 2008; to the
Committee on Banking, Housing, and Urban Affairs.
EC-7943. A communication from the Associate General Counsel
for Legislation and Regulations, Office of Housing,
Department of Housing and Urban Development, transmitting,
pursuant to law, the report of a rule entitled ``Home Equity
Conversion Mortgages (HECMs): Determination of Maximum Claim
Amount; and Eligibility for Discounted Mortgage Insurance
Premium for Certain Refinanced HECM Loans'' (RIN2502-AI49)
received on September 12, 2008; to the Committee on Banking,
Housing, and Urban Affairs.
EC-7944. A communication from the Chief Council, Federal
Emergency Management Agency, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Changes in Flood Elevation Determinations'' ((Docket No.
FEMA-B-1001)(44 CFR Part 65)) received on September 18, 2008;
to the Committee on Banking, Housing, and Urban Affairs.
EC-7945. A communication from the General Counsel, Federal
Housing Finance Agency, transmitting, pursuant to law, the
report of a rule entitled ``Golden Parachute Payments and
Indemnification Payments'' (RIN2590-AA08) received on
September 15, 2008; to the Committee on Banking, Housing, and
Urban Affairs.
EC-7946. A communication from the Deputy Director,
Terrorism Risk Insurance Program, Department of the Treasury,
transmitting, pursuant to law, the report of a rule entitled
``Terrorism Risk Insurance Program Reauthorization Act
Implementation'' (RIN1505-AB93) received on September 16,
2008; to the Committee on Banking, Housing, and Urban
Affairs.
EC-7947. A communication from the Chief Counsel, Federal
Emergency Management Agency, Department of Homeland Security,
transmitting, pursuant to law, the report of a rule entitled
``Final Flood Elevation Determinations'' ((73 FR 52621)(44
CFR Part 67)) received on September 18, 2008; to the
Committee on Banking, Housing, and Urban Affairs.
EC-7948. A communication from the Regulatory Specialist,
Office of the Comptroller of the Currency, Department of the
Treasury, transmitting, pursuant to law, the report of a rule
entitled ``Assessment of Fees'' ((RIN1556-AD06)(Docket No.
OCC-2008-0013)) received on September 18, 2008; to the
Committee on Banking, Housing, and Urban Affairs.
EC-7949. A communication from the Secretary of Energy,
transmitting, pursuant to law, a report relative to the
technical milestones for 2020 goals and project status for
the Clean Coal Power Initiative; to the Committee on Energy
and Natural Resources.
EC-7950. A communication from the Acting Chief Human
Capital Officer, Department of Energy, transmitting, pursuant
to law, the report of a vacancy and the designation of an
acting officer for the position of Assistant Secretary,
Energy Efficiency and Renewable Energy, received on September
12, 2008; to the Committee on Energy and Natural Resources.
EC-7951. A communication from the Assistant Secretary, Land
and Minerals Management, Department of the Interior,
transmitting, pursuant to law, the report of a rule entitled
``Bonus of Royalty Credits for Relinquishing Certain Leases
Offshore Florida'' (RIN1010-AD44) received on September 12,
2008; to the Committee on Energy and Natural Resources.
EC-7952. A communication from the Assistant Secretary for
Fish and Wildlife and Parks, National Park Service,
transmitting, pursuant to law, the report of a rule entitled
``Special Regulation: Areas of the National Park System''
(RIN1024-AD53) received on September 16, 2008; to the
Committee on Energy and Natural Resources.
EC-7953. A communication from the Director, Office of
Surface Mining, Department of the Interior, transmitting,
pursuant to law, the report of a rule entitled ``Alabama
Regulatory Program'' ((SATS No. AL-074-FOR)(30 CFR Part 901))
received September 18, 2008; to the Committee on Energy and
Natural Resources.
EC-7954. A communication from the Director, Office of
Congressional Affairs, Nuclear Regulatory Commission,
transmitting, pursuant to law, the report of a rule entitled
[[Page 21710]]
``Industry Codes and Standards; Amended Requirements''
(RIN3150-AH76) received on September 12, 2008; to the
Committee on Environment and Public Works.
EC-7955. A communication from the Assistant Secretary for
Administration and Management, Chief Acquisition Officer,
Department of Labor, transmitting, pursuant to law, a report
relative to the fiscal year 2007 Buy American Report; to the
Committee on Health, Education, Labor, and Pensions.
EC-7956. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and designation of
an acting officer for the position of Administrator,
Substance Abuse and Mental Health Services Administration,
received on September 18, 2008; to the Committee on Health,
Education, Labor, and Pensions.
EC-7957. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and discontinuation
of service in acting role for the position of General
Counsel, received on September 18, 2008; to the Committee on
Health, Education, Labor, and Pensions.
EC-7958. A communication from the White House Liaison,
Department of Health and Human Services, transmitting,
pursuant to law, the report of a vacancy and designation of
an acting officer for the position of General Counsel,
received on September 18, 2008; to the Committee on Health,
Education, Labor, and Pensions.
EC-7959. A communication from the Acting Chairman, National
Transportation Safety Board, transmitting, pursuant to law, a
report relative to the activities performed by the agency
that are not inherently governmental functions; to the
Committee on Homeland Security and Governmental Affairs.
EC-7960. A communication from Acting Chairman, National
Transportation Safety Board, transmitting, pursuant to law, a
report entitled ``Fiscal Year 2007 Annual Report on the
Notification and Federal Employee Antidiscrimination And
Retaliation Act of 2002''; to the Committee on Homeland
Security and Governmental Affairs.
EC-7961. A communication from the Acting Director,
Strategic Human Resources Policy, Office of Personnel
Management, transmitting, pursuant to law, the report of a
rule entitled ``Prevailing Rate Systems; Redefinition of the
New Orleans, Louisiana, Appropriated Fund Federal Wage System
Wage Area'' (RIN3206-AL68) received on September 18, 2008; to
the Committee on Homeland Security and Governmental Affairs.
EC-7962. A communication from the Principal Deputy
Assistant Attorney General, Office of Legislative Affairs,
Department of Justice, transmitting, pursuant to law, a
report entitled ``Report of Lobbying Disclosure Act
Enforcement''; to the Committee on the Judiciary.
EC-7963. A communication from the Deputy White House
Liaison, Department of Justice, transmitting, pursuant to
law, the report of a vacancy and designation of an acting
officer in the position of United States Attorney, Northern
District of New York, received on September 18, 2008; to the
Committee on the Judiciary.
EC-7964. A communication from the Deputy General Counsel
and Designated Reporting Official, Office of National Drug
Control Policy, Executive Office of the President,
transmitting, pursuant to law, the report of a vacancy and
designation of an acting officer in the position of Deputy
Director for Demand Reduction, received on September 18,
2008; to the Committee on the Judiciary.
EC-7965. A communication from the Director, Regulation
Policy and Management, Department of Veterans Affairs,
transmitting, pursuant to law, the report of a rule entitled
``Schedule for Rating Disabilities; Evaluation of Scars''
(RIN2900-AM55) received on September 18, 2008; to the
Committee on Veterans' Affairs.
EC-7966. A communication from the Director, Regulation
Policy and Management, Department of Veterans Affairs,
transmitting, pursuant to law, the report of a rule entitled
``Presumption of Service Connection for Amyotrophic Lateral
Sclerosis'' (RIN2900-AN05) received on September 18, 2008; to
the Committee on Veterans' Affairs.
____________________
REPORTS OF COMMITTEES
The following reports of committees were submitted:
By Mr. DORGAN, from the Committee on Indian Affairs, with
amendments:
H.R. 2963. A bill to transfer certain land in Riverside
County, California, and San Diego County, California, from
the Bureau of Land Management to the United States to be held
in trust for the Pechanga Band of Luiseno Mission Indians,
and for other purposes (Rept. No. 110-503).
H.R. 5680. To amend certain laws relating to Native
Americans, and for other purposes (Rept. No. 110-504).
By Mr. DORGAN, from the Committee on Indian Affairs,
without amendment:
S. 160. A bill to provide for compensation to the Lower
Brule and Crow Creek Sioux Tribes of South Dakota for damage
to tribal land caused by Pick-Sloan projects along the
Missouri River (Rept. No. 110-505).
S. 2489. A bill to enhance and provide to the Oglala Sioux
Tribe and Angostura Irrigation Project certain benefits of
the Pick-Sloan Missouri River basin program (Rept. No. 110-
506).
By Mr. LEAHY, from the Committee on the Judiciary:
Report to accompany S. 2041, a bill to amend the False
Claims Act (Rept. No. 110-507).
By Mr. INOUYE, from the Committee on Commerce, Science, and
Transportation, without amendment:
S. 3160. A bill to reauthorize and amend the National Sea
Grant College Program Act, and for other purposes (Rept. No.
110-508).
By Mr. LEAHY, from the Committee on the Judiciary, without
amendment:
H.R. 1943. A bill to provide for an effective HIV AIDS
program in Federal prisons.
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with an amendment in the nature of
a substitute:
H.R. 2631. To strengthen efforts in the Department of
Homeland Security to develop nuclear forensics capabilities
to permit attribution of the source of nuclear material, and
for other purposes.
By Mr. LEAHY, from the Committee on the Judiciary, with an
amendment in the nature of a substitute:
H.R. 3971. To encourage States to report to the Attorney
General certain information regarding the deaths of
individuals in the custody of law enforcement agencies, and
for other purposes.
By Mr. LEAHY, from the Committee on the Judiciary, without
amendment and with a preamble:
S. Res. 659. A resolution designating September 27, 2008,
as Alcohol and Drug Addiction Recovery Day.
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs, with amendments:
S. 3477. A bill to amend title 44, United States Code, to
authorize grants for Presidential Centers of Historical
Excellence.
By Mr. LEAHY, from the Committee on the Judiciary, without
amendment:
S. 3501. A bill to ensure that Congress is notified when
the Department of Justice determines that the Executive
Branch is not bound by a statute.
____________________
EXECUTIVE REPORTS OF COMMITTEES
The following executive reports of nominations were submitted:
By Mr. LEAHY for the Committee on the Judiciary.
Clark Waddoups, of Utah, to be United States District Judge
for the District of Utah.
Michael M. Anello, of California, to be United States
District Judge for the Southern District of California.
Mary Stenson Scriven, of Florida, to be United States
District Judge for the Middle District of Florida.
Christine M. Arguello, of Colorado, to be United States
District Judge for the District of Colorado.
Philip A. Brimmer, of Colorado, to be United States
District Judge for the District of Colorado.
Gregory G. Garre, of Maryland, to be Solicitor General of
the United States.
George W. Venables, of California, to be United States
Marshal for the Southern District of California for the term
of four years.
A. Brian Albritton, of Florida, to be United States
Attorney for the Middle District of Florida for the term of
four years.
Anthony John Trenga, of Virginia, to be United States
District Judge for the Eastern District of Virginia.
C. Darnell Jones II, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Mitchell S. Goldberg, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Joel H. Slomsky, of Pennsylvania, to be United States
District Judge for the Eastern District of Pennsylvania.
Eric F. Melgren, of Kansas, to be United States District
Judge for the District of Kansas.
(Nominations without an asterisk were reported with the
recommendation that they be confirmed.)
____________________
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
The following bills and joint resolutions were introduced, read the
first and second times by unanimous consent, and referred as indicated:
By Mrs. MURRAY (for herself, Mr. Kennedy, Mrs. Clinton,
Mr. Sanders, and Mr. Brown):
S. 3573. A bill to establish partnerships to create or
enhance educational and skills development pathways to 21st
century careers, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
By Mr. BROWN (for himself and Mrs. Clinton):
S. 3574. A bill to establish the Honorable Stephanie Tubbs
Jones Fire Suppression
[[Page 21711]]
Demonstration Incentive Program within the Department of
Education to promote installation of fire sprinkler systems,
or other fire suppression or prevention technologies, in
qualified student housing and dormitories, and for other
purposes; to the Committee on Health, Education, Labor, and
Pensions.
By Mr. CARPER (for himself and Ms. Murkowski):
S. 3575. A bill to amend the Federal Food, Drug, and
Cosmetic Act with respect to nutrition labeling of food
offered for sale in food service establishments; to the
Committee on Health, Education, Labor, and Pensions.
By Mr. KERRY (for himself and Mr. Kennedy):
S. 3576. A bill to prohibit the issuance of any lease or
other authorization by the Federal Government that authorizes
exploration, development, or production of oil or natural gas
in any marine national monument or national marine sanctuary
or in the fishing grounds known as Georges Bank in the waters
of the United States; to the Committee on Energy and Natural
Resources.
By Mr. LEVIN (for himself, Mr. Bingaman, and Mr.
Harkin):
S. 3577. A bill to amend the Commodity Exchange Act to
prevent excessive price speculation with respect to energy
and agricultural commodities, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
By Mr. ENSIGN:
S. 3578. A bill to establish a commission to assess the
nuclear activities of the Islamic Republic of Iran; to the
Committee on Foreign Relations.
By Mr. MARTINEZ (for himself and Mr. Kohl):
S. 3579. A bill to encourage, enhance, and integrate Silver
Alert plans throughout the United States, to authorize grants
for the assistance of organizations to find missing adults,
and for other purposes; to the Committee on the Judiciary.
By Mr. CORNYN (for himself and Mrs. Hutchison):
S. 3580. A bill to assure the safety of expeditionary
facilities, infrastructure, and equipment supporting United
States military operations overseas; to the Committee on
Armed Services.
By Mr. BOND:
S. 3581. A bill to establish a Federal Mortgage Origination
Commission, and for other purposes; to the Committee on
Banking, Housing, and Urban Affairs.
By Mr. LAUTENBERG (for himself, Mr. Menendez, Mr. Dodd,
and Mr. Lieberman):
S. 3582. A bill to require continued application of budget
neutrality on a national basis in calculation of the Medicare
urban hospital wage floor; to the Committee on Finance.
By Mr. WHITEHOUSE:
S. 3583. A bill to limit or deny civil service protection
for a Federal employee if the appointment of that employee is
a prohibited personnel practice that was made on the basis of
political affiliation as prohibited under any law, rule, or
regulation; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. BINGAMAN:
S. 3584. A bill to comprehensively prevent, treat, and
decrease overweight and obesity in our Nation's populations;
to the Committee on Health, Education, Labor, and Pensions.
By Mr. LIEBERMAN (for himself and Ms. Collins):
S. 3585. A bill to amend title 10, United States Code, to
establish the responsibility of the Department of Defense to
plan for and respond to catastrophic incidents in the United
States, and for other purposes; to the Committee on Armed
Services.
By Mrs. CLINTON:
S. 3586. A bill to provide loans to hospitals and nonprofit
health care institutions to implement green building
technologies, waste management techniques, and other
environmentally sustainable practices to improve employee
performance, reduce healthcare costs, and improve patient
outcomes; to the Committee on Health, Education, Labor, and
Pensions.
By Mrs. CLINTON:
S. 3587. A bill to direct the Administrator of the
Environmental Protection Agency to provide grants to
hospitals and nonprofit health care institutions for use in
improving building and maintenance operations to engage in
environmentally sustainable practices; to the Committee on
Environment and Public Works.
By Mrs. CLINTON:
S. 3588. A bill to direct the Secretary of Agriculture to
provide grants to hospitals and other nonprofit inpatient
healthcare institutions, Department of Veterans Affairs
medical centers, and other social service programs for the
acquisition of local nutritious agricultural products; to the
Committee on Agriculture, Nutrition, and Forestry.
By Mrs. McCASKILL (for herself and Mr. Bond):
S. 3589. A bill to designate the Liberty Memorial at the
National World War I Museum in Kansas City, Missouri, as the
National World War I Memorial; to the Committee on Energy and
Natural Resources.
By Mr. REID:
S. 3590. A bill to provide grants for use by rural local
educational agencies in purchasing new school buses; to the
Committee on Commerce, Science, and Transportation.
By Mrs. DOLE (for herself and Mr. Burr):
S. 3591. A bill to amend the Clean Air Act to improve motor
fuel supply and distribution; to the Committee on Environment
and Public Works.
By Mr. SCHUMER (for himself and Mrs. Clinton):
S. 3592. A bill to designate 4 counties in the State of New
York as high-intensity drug trafficking areas, and to
authorize funding for drug control activities in those areas;
to the Committee on the Judiciary.
By Mr. MENENDEZ (for himself and Mr. Schumer):
S. 3593. A bill to amend section 811 of the Cranston-
Gonzalez National Affordable Housing Act to improve the
program under such section for supportive housing for persons
with disabilities; to the Committee on Banking, Housing, and
Urban Affairs.
By Mr. MENENDEZ (for himself and Mr. Kennedy):
S. 3594. A bill to protect United States citizens from
unlawful arrest and detention; to the Committee on the
Judiciary.
By Mr. REID (for himself and Mr. Ensign):
S. 3595. A bill to direct the Secretary of the Interior to
convey to the Nevada System of Higher Education certain
Federal land located in Clark and Nye counties, Nevada, and
for other purposes; to the Committee on Energy and Natural
Resources.
By Mr. KERRY:
S. 3596. A bill to stabilize the small business lending
market, and for other purposes; to the Committee on Small
Business and Entrepreneurship.
By Mr. HARKIN:
S. 3597. A bill to provide that funds allocated for
community food projects for fiscal year 2008 shall remain
available until September 30, 2009; considered and passed.
By Mr. INOUYE (for himself, Mr. Stevens, Mr.
Lautenberg, Mr. Smith, Ms. Cantwell, Ms. Snowe, Mr.
Nelson of Florida, Mr. Pryor, Mr. Kerry, Mr. Biden,
Mrs. Feinstein, Mr. Graham, Mr. Grassley, and Mr.
Martinez):
S. 3598. A bill to amend titles 46 and 18, United States
Code, with respect to the operation of submersible vessels
and semi-submersible vessels without nationality; considered
and passed.
By Mr. KYL:
S. 3599. A bill to amend title 18, United States Code, to
add crimes committed in Indian country or exclusive Federal
jurisdiction as racketeering predicates; to the Committee on
the Judiciary.
By Mr. KYL:
S. 3600. A bill to amend title 35, United States Code, to
provide for patent reform; to the Committee on the Judiciary.
By Mr. KYL (for himself and Mr. Leahy):
S. 3601. A bill to authorize funding for the National Crime
Victim Law Institute to provide support for victims of crime
under Crime Victims Legal Assistance Programs as a part of
the Victims of Crime Act of 1984; to the Committee on the
Judiciary.
By Mr. KYL:
S. 3602. A bill to authorize funding for the National Crime
Victim Law Institute to provide support for victims of crime
under Crime Victims Legal Assistance Programs as a part of
the Victims of Crime Act of 1984; to the Committee on the
Judiciary.
By Mr. REID (for himself and Mr. Ensign):
S. 3603. A bill to promote conservation and provide for
sensible development in Carson City, Nevada, and for other
purposes; to the Committee on Energy and Natural Resources.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. BROWN:
S. Res. 685. A resolution designating the last week of
September 2008 as ``National Voter Awareness Week''; to the
Committee on the Judiciary.
____________________
ADDITIONAL COSPONSORS
S. 211
At the request of Mrs. Clinton, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 211, a bill to
facilitate nationwide availability of 2-1-1 telephone service for
information and referral on human services, volunteer services, and for
other purposes.
S. 400
At the request of Mr. Sununu, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. 400, a bill to amend
the Employee Retirement Income Security Act of 1974 and the Internal
Revenue Code of 1986 to ensure that dependent students who take a
medically necessary leave of absence do not lose
[[Page 21712]]
health insurance coverage, and for other purposes.
S. 826
At the request of Mr. Menendez, the name of the Senator from Georgia
(Mr. Chambliss) was added as a cosponsor of S. 826, a bill to
posthumously award a Congressional gold medal to Alice Paul, in
recognition of her role in the women's suffrage movement and in
advancing equal rights for women.
S. 1492
At the request of Mr. Inouye, the name of the Senator from Texas
(Mrs. Hutchison) was added as a cosponsor of S. 1492, a bill to improve
the quality of federal and state data regarding the availability and
quality of broadband services and to promote the deployment of
affordable broadband services to all parts of the Nation.
S. 1738
At the request of Mr. Vitter, his name was added as a cosponsor of S.
1738, a bill to require the Department of Justice to develop and
implement a National Strategy Child Exploitation Prevention and
Interdiction, to improve the Internet Crimes Against Children Task
Force, to increase resources for regional computer forensic labs, and
to make other improvements to increase the ability of law enforcement
agencies to investigate and prosecute child predators.
At the request of Mr. Reid, his name and the name of the Senator from
Maine (Ms. Collins) were added as cosponsors of S. 1738, supra.
S. 2405
At the request of Mr. Bayh, his name was added as a cosponsor of S.
2405, a bill to provide additional appropriations for payments under
section 2604(e) of the Low-Income Home Energy Assistance Act of 1981.
S. 2641
At the request of Mr. Grassley, the name of the Senator from
Massachusetts (Mr. Kerry) was added as a cosponsor of S. 2641, a bill
to amend title XVIII and XIX of the Social Security Act to improve the
transparency of information on skilled nursing facilities and nursing
facilities and to clarify and improve the targeting of the enforcement
of requirements with respect to such facilities.
S. 2668
At the request of Mr. Kerry, the names of the Senator from Indiana
(Mr. Lugar), the Senator from Iowa (Mr. Harkin), the Senator from Utah
(Mr. Bennett) and the Senator from Michigan (Mr. Levin) were added as
cosponsors of S. 2668, a bill to amend the Internal Revenue Code of
1986 to remove cell phones from listed property under section 280F.
S. 2883
At the request of Mr. Rockefeller, the names of the Senator from
Rhode Island (Mr. Whitehouse) and the Senator from New Hampshire (Mr.
Gregg) were added as cosponsors of S. 2883, a bill to require the
Secretary of the Treasury to mint coins in commemoration of the
centennial of the establishment of Mother's Day.
S. 3070
At the request of Mr. Whitehouse, his name was withdrawn as a
cosponsor of S. 3070, a bill to require the Secretary of the Treasury
to mint coins in commemoration of the centennial of the Boy Scouts of
America, and for other proposes.
S. 3308
At the request of Mrs. Feinstein, the name of the Senator from
Wisconsin (Mr. Feingold) was added as a cosponsor of S. 3308, a bill to
require the Secretary of Veterans Affairs to permit facilities of the
Department of Veterans Affairs to be designated as voter registration
agencies, and for other purposes.
S. 3325
At the request of Mr. Leahy, the names of the Senator from New
Hampshire (Mr. Gregg), the Senator from New York (Mrs. Clinton) and the
Senator from Michigan (Mr. Levin) were added as cosponsors of S. 3325,
a bill to enhance remedies for violations of intellectual property
laws, and for other purposes.
S. 3331
At the request of Mr. Crapo, the name of the Senator from Kentucky
(Mr. Bunning) was added as a cosponsor of S. 3331, a bill to amend the
Internal Revenue Code of 1986 to require that the payment of the
manufacturers' excise tax on recreational equipment be paid quarterly.
S. 3367
At the request of Mr. Smith, the name of the Senator from South
Dakota (Mr. Johnson) was added as a cosponsor of S. 3367, a bill to
amend title XVIII of the Social Security Act to revise the timeframe
for recognition of certain designations in certifying rural health
clinics under the Medicare program.
S. 3389
At the request of Mr. Schumer, the name of the Senator from Iowa (Mr.
Harkin) was added as a cosponsor of S. 3389, a bill to require, for the
benefit of shareholders, the disclosure of payments to foreign
governments for the extraction of natural resources, to allow such
shareholders more appropriately to determine associated risks.
S. 3419
At the request of Mrs. Clinton, the name of the Senator from Arkansas
(Mrs. Lincoln) was added as a cosponsor of S. 3419, a bill to amend
title 38, United States Code, to direct the Secretary of Veterans
Affairs to modernize the disability benefits claims processing system
of the Department of Veterans Affairs to ensure the accurate and timely
delivery of compensation to veterans and their families and survivors,
and for other purposes.
S. 3484
At the request of Mr. Specter, the names of the Senator from
Minnesota (Ms. Klobuchar), the Senator from North Dakota (Mr. Conrad),
the Senator from Hawaii (Mr. Inouye) and the Senator from South Dakota
(Mr. Johnson) were added as cosponsors of S. 3484, a bill to provide
for a delay in the phase out of the hospice budget neutrality
adjustment factor under title XVIII of the Social Security Act.
S. 3517
At the request of Ms. Snowe, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 3517, a bill to
amend the Employee Retirement Income Security Act of 1974 and the
Public Health Service Act to provide parity under group health plans
and group health insurance coverage for the provision of benefits for
prosthetic devices and components and benefits for other medical and
surgical services.
S. 3525
At the request of Mr. Cardin, the names of the Senator from Idaho
(Mr. Craig), the Senator from Illinois (Mr. Obama) and the Senator from
New York (Mrs. Clinton) were added as cosponsors of S. 3525, a bill to
require the Secretary of the Treasury to mint coins in commemoration of
the bicentennial of the writing of the ``Star-Spangled Banner'', and
for other purposes.
S. 3527
At the request of Mr. Akaka, the name of the Senator from Illinois
(Mr. Obama) was added as a cosponsor of S. 3527, a bill to amend title
38, United States Code, to authorize advance appropriations for certain
medical care accounts of the Department of Veterans Affairs by
providing two-fiscal year budget authority.
S. 3532
At the request of Mr. Cardin, the names of the Senator from Kansas
(Mr. Roberts), the Senator from Rhode Island (Mr. Whitehouse) and the
Senator from South Dakota (Mr. Johnson) were added as cosponsors of S.
3532, a bill to amend the Internal Revenue Code of 1986 to allow the
Secretary of the Treasury to establish the standard mileage rate for
use of a passenger automobile for purposes of the charitable
contributions deduction and to exclude charitable mileage
reimbursements from gross income.
S. 3538
At the request of Mr. Grassley, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 3538, a bill to amend the
Food, Conservation, and Energy Act of 2008 to suspend a prohibition on
payments to certain farms with limited base acres for the 2008 and 2009
crop years, to extend the signup for direct payments and counter-
cyclical payments for the 2008 crop year, and for other purposes.
[[Page 21713]]
S. 3539
At the request of Ms. Collins, the name of the Senator from Alaska
(Ms. Murkowski) was added as a cosponsor of S. 3539, a bill to require
the Secretary of the Treasury to mint coins in commemoration of the
centennial of the establishment of the Girl Scouts of the United States
of America.
S. 3569
At the request of Mr. Schumer, the names of the Senator from
Pennsylvania (Mr. Specter) and the Senator from Minnesota (Ms.
Klobuchar) were added as cosponsors of S. 3569, a bill to make
improvements in the operation and administration of the Federal courts,
and for other purposes.
S. RES. 499
At the request of Mr. Specter, the name of the Senator from Kansas
(Mr. Brownback) was added as a cosponsor of S. Res. 499, a resolution
urging Palestinian Authority President Mahmoud Abbas, who is also the
head of the Fatah Party, to officially abrogate the 10 articles in the
Fatah Constitution that call for Israel's destruction and terrorism
against Israel, oppose any political solution, and label Zionism as
racism.
S. RES. 664
At the request of Mrs. Dole, the name of the Senator from New Jersey
(Mr. Lautenberg) was added as a cosponsor of S. Res. 664, a resolution
celebrating the centennial of Union Station in Washington, District of
Columbia.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
______
By Mr. LEVIN (for himself, Mr. Bingaman, and Mr. Harkin):
S. 3577. A bill to amend the Commodity Exchange Act to prevent
excessive price speculation with respect to energy and agricultural
commodities, and for other purposes; to the Committee on Agriculture,
Nutrition, and Forestry.
Mr. LEVIN. Mr. President, energy prices are on a roller coaster,
taking American consumers and the American economy on an unpredictable,
expensive, and damaging ride. Just over a year ago, a barrel of crude
oil sold for $70 a barrel. In less than a year, the price doubled to
nearly $147. Last week, that same barrel of oil cost $91, a price drop
of $56 over a few months. Just in the past week crude oil prices have
jumped from about $96 per barrel to $130 per barrel and then back to
$106 per barrel. No one knows whether, by the end of the year, the
price of oil will stay around $100, drop lower, or climb back up. The
huge price spikes we experienced can't be explained by changes in
supply and demand; about half the trading in oil futures results from
speculation as to whether oil prices will rise or fall by traders
without any interest in actually using the oil they are buying and
selling.
The natural gas, gasoline, and heating oil markets have also seen
huge price swings. The prices are up, they are down, they are
unpredictable--making it impossible for many businesses and consumers
to afford even basic goods and services.
The sky-high oil and gasoline prices in effect for the last year are
taking a tremendous toll on millions of American consumers and
businesses. Speculation--not supply and demand--is keeping prices high,
and our economy is forced to respond to erratic price changes. Unless
we act to protect our energy markets from excessive speculation and
price manipulation, the American economy will continue to be vulnerable
to wild price swings affecting the prices of transportation, food,
manufacturing and everything in between, endangering the economic
security of our people, our businesses, and our Nation.
Congress should act now to help tame rampant speculation and
reinvigorate supply and demand as market forces.
Today, I am introducing legislation, along with Senators Bingaman and
Harkin, that represents our collective effort to enact the strongest
and most workable measures to prevent excessive speculation and price
manipulation in U.S. energy markets. It will close the loopholes in our
commodities laws that now impede the policing of U.S. energy trades on
foreign exchanges and in the unregulated over-the-counter market. It
will ensure that large commodity traders cannot use these markets to
hide from CFTC oversight or avoid limits on speculation. The bill will
strengthen disclosure, oversight, and enforcement in U.S. energy
markets, restoring the financial oversight that is crucial to protect
American consumers, American businesses, and the U.S. economy from
further energy shocks.
More specifically, this legislation would make four sets of changes.
It will require the CFTC to set limits on the holdings of traders in
all of the energy futures contracts traded on regulated exchanges to
prevent traders from engaging in excessive speculation or price
manipulation. Since we closed the Enron loophole this year all futures
contracts must be traded in regulated markets.
It would close the ``London loophole'' by giving the CFTC the same
authority to police traders in the United States who trade U.S. futures
contracts on a foreign exchange and by requiring foreign exchanges that
want to install trading terminals in the U.S. to impose comparable
limits on speculative trading as the CFTC imposes on domestic exchanges
to prevent excessive speculation and price manipulation.
It will close the ``swaps loophole'' by requiring traders in the
over-the-counter energy markets to report large trades to the CFTC, and
it would authorize the CFTC to set limits on trading in the presently
unregulated over-the-counter markets to prevent excessive speculation
and price manipulation.
It will require the CFTC to revise the standards that allow traders
who use futures markets to hedge their holdings to exceed the
speculation limits that apply to everyone else.
My Permanent Subcommittee on Investigations' investigations have
shown that one key factor in price spikes of energy is increased
speculation in the energy markets. Traders are trading contracts for
future delivery of oil in record amounts, creating a demand for paper
contracts that gets translated into increases in prices and increasing
price volatility.
Much of this increase in trading of futures has been due to
speculation. Speculators in the oil market do not intend to use oil;
instead they buy and sell contracts for crude oil in the hope of making
a profit from changing prices. According to the CFTC's data, the number
of futures and options contracts held by speculators has gone from
around 100,000 contracts in 2001, which was 20 percent of the total
number of outstanding contracts, to almost 1.2 million contracts, which
represents almost 40 percent of the outstanding futures and options
contracts in oil on NYMEX Even this understates the increase in
speculation, since the CFTC data classifies futures trading involving
index funds as commercial trading rather than speculation, and the CFTC
classifies all traders in commercial firms as commercial traders,
regardless of whether any particular trader in that firm may in fact be
speculating.
There is now, as a result, 12 times as many speculative holdings as
there was in 2001, while holdings of nonspeculative or commercial
futures and options is up but three times. The greater the demand there
is to buy futures contracts for the delivery of a commodity, the higher
the price will be for those futures contracts.
Not surprisingly, therefore, this massive speculation that the price
of oil will increase, together with the increase in the amount of
purchases of futures contracts, in fact, helped increase the price of
oil to a level far above the price that is justified by the traditional
forces of supply and demand.
In June 2006, I released a subcommittee report, ``The Role of Market
Speculation in Rising Oil and Gas Prices: A Need to Put a Cop on the
Beat.'' This report found that the traditional forces of supply and
demand didn't account for sustained price increases and price
volatility in the oil and gasoline markets. The report concluded that,
in 2006, a growing number of trades of contracts for future delivery of
oil occurred without regulatory
[[Page 21714]]
oversight and that market speculation had contributed to rising oil and
gasoline prices, perhaps accounting for $20 out of a then-priced $70
barrel of oil.
Oil industry executives and experts have arrived at a similar
conclusion. Late last year, the President and CEO of Marathon Oil said,
``$100 oil isn't justified by the physical demand in the market. It has
to be speculation on the futures market that is fueling this.'' Mr.
Fadel Gheit, oil analyst for Oppenheimer and Company describes the oil
market as ``a farce.'' ``The speculators have seized control and it's
basically a free-for-all, a global gambling hall, and it won't shut
down unless and until responsible governments step in.'' In January of
this year, when oil first hit $100 per barrel, Mr. Tim Evans, oil
analyst for Citigroup, wrote ``the larger supply and demand
fundamentals do not support a further rise and are, in fact, more
consistent with lower price levels.'' At the joint hearing on the
effects of speculation we held last December, Dr. Edward Krapels, a
financial market analyst, testified, ``Of course financial trading,
speculation affects the price of oil because it affects the price of
everything we trade. . . . It would be amazing if oil somehow escaped
this effect.'' Dr. Krapels added that as a result of this speculation
``there is a bubble in oil prices.''
The need to control speculation is urgent. The presidents and CEOs of
major U.S. airlines recently warned about the disastrous effects of
rampant speculation on the airline industry. The CEOs stated ``normal
market forces are being dangerously amplified by poorly regulated
market speculation.'' The CEOs wrote, ``For airlines, ultra-expensive
fuel means thousands of lost jobs and severe reductions in air service
to both large and small communities.''
As to reining in speculation, the first step to take is to put a cop
back on the beat in all our energy markets to prevent excessive
speculation, price manipulation, and trading abuses.
With respect to the futures markets, the legislation we are
introducing today requires the CFTC to establish limits on the amount
of futures contracts any trader can hold. Currently, the CFTC allows
the futures exchanges themselves to set these limits. This bill would
require the CFTC to set these limits to prevent excessive speculation
and price manipulation. It would preserve, however, the exchanges'
obligation and ability to police their traders to ensure they remain
below these limits.
This legislation would also require the CFTC to conduct a rulemaking
to review and revise the criteria for allowing traders who are using
the futures market to hedge their risks in a commodity to acquire
holdings in excess of the limits on holdings for speculators.
Another step is to give the CFTC authority to prevent excessive
speculation in the over-the-counter markets. In 2007, my Subcommittee
issued a report on the effects of speculation in the energy markets,
entitled ``Excessive Speculation in the Natural Gas Market.'' This
investigation showed that speculation by a hedge fund named Amaranth
distorted natural gas prices during the summer of 2006 and drove up
prices for average consumers. The report demonstrated how Amaranth had
shifted its speculative activity to unregulated markets, under the
``Enron loophole,'' to avoid the restrictions and oversight in the
regulated markets, and how Amaranth's trading in the unregulated
markets contributed to price increases.
Following this investigation, I introduced a bill, S. 2058, to close
the Enron loophole and regulate the unregulated electronic energy
markets. Working with Senators Feinstein and Snowe, and with the
members of the Agriculture Committee in a bipartisan effort, we
included an amendment to close the Enron loophole in the farm bill,
which Congress passed this past spring, overriding a veto by President
Bush.
The legislation to close the Enron loophole placed over-the-counter--
OTC--electronic exchanges under CFTC regulation. However, this
legislation did not address the separate issue of trading in the rest
of the OTC market, which includes bilateral trades through voice
brokers, swap dealers, and direct party-to-party negotiations. In order
to ensure there is a cop on the beat in all of the energy commodity
markets, we need to address the rest of the OTC market as well.
Previously, I introduced legislation, S. 3255, along with Senator
Feinstein, the Over-the-Counter Speculation Act, to address the rest of
the OTC market not covered by the farm bill. A large portion of this
OTC market consists of the trading of swaps relating to the price of a
commodity. Generally, commodity swaps are contracts between two parties
where one party pays a fixed price to another party in return for some
type of payment at a future time depending on the price of a commodity.
Because some of these swap instruments look very much like futures
contracts--except that they do not call for the actual delivery of the
commodity--there is concern that the price of these swaps that are
traded in the unregulated OTC market could affect the price of the very
similar futures contracts that are traded on the regulated futures
markets. We don't yet know for sure that this is the case, or that it
is not, because we don't have any access to comprehensive data or
reporting on the trading of these swaps in the OTC market.
The legislation introduced today includes these same provisions to
give the CFTC oversight authority to stop excessive speculation in the
over-the-counter market. These provisions represent a practical,
workable approach that will enable the CFTC to obtain key information
about the OTC market to enable it to prevent excessive speculation and
price manipulation. These provisions are also included in the
legislation introduced by the majority leader and others, S. 3268, to
stop excessive speculation.
Under these provisions, the CFTC will have the authority to ensure
that traders cannot avoid the CFTC reporting requirements by trading
swaps in the unregulated OTC market instead of regulated exchanges. It
will enable the CFTC to act, such as by requiring reductions in
holdings of futures contracts or swaps, against traders with large
positions in order to prevent excessive speculation or price
manipulation regardless of whether the trader's position is on an
exchange or in the OTC market.
The bill we are introducing today, unlike S. 3255, gives the CFTC the
authority to establish position limits in the over-the-counter market
for energy and agricultural commodities in order to prevent excessive
speculation and price manipulation. The CFTC needs this authority to
ensure that large traders are not using the over-the-counter markets to
evade the position limits in the futures markets.
Earlier this year I introduced legislation with Senators Feinstein,
Durbin, Dorgan and Bingaman, S.3129, to close the London loophole. This
loophole has allowed crude oil traders in the U.S. to avoid the
position limits that apply to trading on U.S. futures exchanges by
directing their trades onto the ICE Futures Exchange in London. The
legislation we introduced also was incorporated into the legislation to
stop prevent excessive speculation introduced by the majority leader,
S. 3268. These provisions are now included in the legislation we are
introducing today.
After this legislation was first introduced, the CFTC imposed more
stringent requirements upon the ICE Futures Exchange's operations in
the United States--for the first time requiring the London exchange to
impose and enforce comparable position limits in order to be allowed to
keep its trading terminals in the United States. This is the very
action our legislation called for. However, the current CFTC position
limits apply only to the nearest futures contract. Our legislation will
ensure that foreign exchanges with trading terminals in the U.S. will
apply position limits to other futures contracts once the CFTC
establishes those limits for U.S. exchanges.
Although the CFTC has taken these important steps that will go a long
way towards closing the London loophole, Congress should still pass
this legislation to make sure the London loophole stays closed. The
legislation would put the conditions the CFTC has imposed
[[Page 21715]]
upon the London exchange into statute, and ensure that the CFTC has
clear authority to take action against any U.S. trader who is
manipulating the price of a commodity or excessively speculating
through the London exchange, including requiring that trader to reduce
positions.
The legislation we are introducing today also includes a number of
provisions in the majority leader's bill, S. 3248, that require a
variety of studies, investigations, and reports designed to improve the
transparency and regulation of the energy markets. It also provides
authorization for the CFTC to hire an additional 100 employees to
oversee the commodity markets it regulates.
On September 11, the CFTC issued a ``Staff Report on Commodity Swap
Dealers and Index Traders with Commission Recommendations.'' The
legislation we have introduced embodies several of the CFTC's
recommendations to improve the transparency and regulation of swap
dealers and commodity index traders. These recommendations include:
develop and regularly publish reports on the activity of swap dealers
and commodity index traders; more accurately assess the type of trading
activity in the CFTC's weekly reports on commercial and noncommercial
trading; review whether to eliminate the bona fide hedge exemption for
swap dealers and create new limited risk management exemption; provide
additional staff and resources for the CFTC.
Our legislation also is consistent with CFTC Commissioner Chilton's
dissenting views on the CFTC's recommendations. In his dissent,
Commissioner Chilton requested that Congress provide: ``specific
statutory authorities to allow the Commission to obtain data regarding
over-the-counter transactions that may impact exchange-traded markets;
``specific statutory authorities to allow the Commission to address
market disturbances or violations of the Commodity Exchange Act, based
on the data received regarding over-the-counter transactions;'' and
authorization and appropriation for 100 additional employees.
Our bill provides the CFTC with the statutory authorities requested
by Commissioner Chilton and authorizes the requested employees.
In summary, the legislation we are introducing today will give the
CFTC ability to police all of our energy commodity markets to prevent
excessive speculation and price manipulation. This legislation is
necessary to close all of the loopholes in current law that permit
speculators to avoid trading limits designed to prevent the type of
excessive speculation that has been contributing to high energy prices.
We hope our colleagues will support this legislation.
Mr. President, I ask unanimous consent that a bill summary be printed
in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The Levin-Bingaman-Harkin Prevent Excessive Speculation Act Bill
Summary, Sept. 24, 2008
The Levin-Bingaman-Harkin Prevent Excessive Speculation Act
would:
Authorize Speculation Limits for all Energy and
Agricultural Commodities.
Direct CFTC to impose position limits on energy and
agricultural futures contracts to prevent excessive
speculation and manipulation and to ensure sufficient market
liquidity. Similar to provisions in House-passed bill, H.R.
6604.
Authorize CFTC to permit exchanges to impose and enforce
accountability levels that are lower than CFTC-established
speculation limits.
Close London Loophole by Regulating Offshore Traders and
Increasing Transparency of Offshore Trades.
Prohibit a foreign exchange from operating in the United
States unless it imposes comparable speculation limits and
reporting requirements as apply to U.S. exchanges. Similar to
Sec. 3 in S. 3268, with technical changes.
Provide CFTC with same enforcement authority over U.S.
traders on foreign exchanges as it has over traders on U.S.
exchanges, including authority to require traders to reduce
their holdings to prevent excessive speculation or
manipulation. Similar to Sec. 4 in S. 3268.
Require CFTC to invite non-U.S. regulators to form an
international working group to develop uniform regulatory and
reporting requirements to protect futures markets from
excessive speculation and manipulation. Similar to Sec. 5 in
S. 3268.
Close the Swaps Loophole and Regulate Over-the-Counter
Transactions.
Authorize CFTC to impose speculation limits on OTC
transactions to protect the integrity of prices in the
futures markets and cash markets.
Require large OTC trades that affect futures prices to be
reported to CFTC. Allow one party to a transaction to
authorize the other party to file the report. Require CFTC
periodic review of reporting requirements to ensure key
trades are covered.
Direct CFTC to revise bona fide hedge exemption to ensure
regulation of all speculators, and strengthen data analysis
and transparency of swap dealer and index trading.
Clarify definition of OTC transactions to exclude spot
market transactions.
Protect Both Energy and Agriculture Commodities.
Cover trades in crude oil, natural gas, gasoline, heating
oil, coal, propane, electricity, other petroleum products and
sources of energy from fossil fuels, as well as ethanol,
biofuels, emission allowances for greenhouse gases,
SO2, NOx, and other air emissions.
Cover trades in agricultural commodities listed in the
Commodity Exchange Act.
Strengthen CFTC Oversight.
Authorize CFTC to hire 100 new personnel to oversee
markets.
Direct CFTC to issue proposed rules within 90 days and
final rules within 180 days.
Authorize Reports and Studies.
Require various investigations, studies, and reports. Same
as Sec. Sec. 8-15 in S. 3268.
______
By Mr. ENSIGN:
S. 3578. A bill to establish a commission to assess the nuclear
activities of the Islamic Republic of Iran; to the Committee on Foreign
Relations.
Mr. ENSIGN. Mr. President, I rise today to address an issue of
critical importance to the security of our Nation and the world. I want
to talk about the future of Iran's nuclear capabilities and what it
means for the United States.
Too often here in Washington, we get caught up in the debate of the
moment and fail to appreciate the larger picture. Too many are more
concerned with petty blame games and not enough are concerned with the
greater challenge of protecting Americans.
General Michael Hayden, the Director of Central Intelligence, has
said that he believes Iran is seeking nuclear weapons. Others,
including the President of the United States and the leaders of France
and Great Britain agree.
I ask myself what would happen if the Ahmadinejad regime in Iran
succeeded in acquiring a nuclear weapon. Among the possibilities, he
could use that weapon. Iran could share it with terrorists or other
rogue states. At a minimum, an Iranian nuke would prompt its neighbors
in the Gulf, in Turkey, in Egypt and elsewhere to seek a similar
ability in order to defend themselves against Iran's efforts to gain
regional dominance.
The stakes could not be higher, and I am concerned that we are not
meeting the challenge. To the contrary, I believe we are being tested,
and we are failing.
Iran is the most active state sponsor of terrorism around the world.
In addition to its long time support for groups like Hezbollah and
Hamas, Iran is now active in directing aggression against our troops in
Iraq, sponsoring not only Shiite extremists but even Sunni terror
groups. According to General Petraeus, ``. . . Iran has played [a
fundamental role] in funding, training, arming, and directing the so-
called Special Groups and generated renewed concern about Iran in the
minds of many Iraqi leaders. Unchecked, the Special Groups pose the
greatest long-term threat to the viability of a democratic Iraq.''
In addition to its destabilizing sponsorship of violence across the
Middle East, we also know that Iran is working on delivery vehicles for
deadly weapons. The regime has continuously upgraded its missile
capabilities, and now has delivery vehicles that can strike targets all
over the Middle East and into Europe. Couple that knowledge with the
evidence available that Iran has worked on fitting nuclear warheads
onto these missiles, and we have even more practical reasons for
concern.
Iranian President Mahmoud Ahmadinejad has stated emphatically that
his Nation ``will not give up one iota of its nuclear rights.''
[[Page 21716]]
Where does this leave the United States, and the American people, in
confronting this growing and multidimensional threat? Unfortunately,
the answer appear, to be: confused.
The clearest evidence that we have yet to focus on the exact nature
of the Iranian threat--an understanding that is imperative if we are
going to succeed in countering it--is last year's National Intelligence
Estimate on Iran.
Although leaders and intelligence agencies around the world believe
that Iran is indeed pursuing nuclear weapons, the NIE drew confusing,
misleading, and contradicting conclusions. In dramatic phrasing clearly
designed to mislead, the NIE states that ``We judge with high
confidence that in fall 2003, Tehran halted its nuclear weapons
program.'' In a footnote that got short shrift from both the press and
the jubilant Iranian regime, the analysts explain that what they say ``
`nuclear weapons program' we mean Iran's nuclear weapon design and
weaponization work and covert uranium conversion-related and uranium
enrichment-related work; we do not mean Iran's declared civil work
related to uranium conversion and enrichment.'' In other words, the
work referred to that had ``halted'' was in fact work that this
Congress had heretofore not been able to confirm, and that we were
uncertain existed. What continued, according to the NIE, was Iran's
attempts to use its licit nuclear program to develop nuclear weapons
capability. Which is exactly what we have been worrying about all
along.
Since the NIE, the intelligence community has backed away from its
original assessment. The Director of National Intelligence, Vice
Admiral Mike McConnell said that Iran could ``probably'' produce the
fissile material needed for a nuclear weapon by as early as 2010. He
has also testified that he would ``change the way we described the
nuclear program'' in the NIE.
Both Hayden and McConnell have also admitted that the NIE was so
quickly declassified and poorly focused that it confused people.
Unfortunately, the damage is done. The notion that Iran has suspended
its nuclear program--however false that may be--has derailed our
diplomatic push to a great extent and caused more confusion. Whatever
the intentions behind this misleading assessment, we now know that
Iran, with some of its international supporters, used the opportunity
to derail the diplomatic process and move ahead with its uranium
enrichment. Iran is now on the verge of producing enough highly
enriched uranium for one to three nuclear weapons a year.
This is not good news. Diplomacy, and more serious sanctions, keep
military action at bay. A lack of options is what forces nations to
make military choices.
I raise these points not to criticize the administration, advocate
for one action course of action over another, or argue about the
results of the recent NIE. I raise these points because our Nation
cannot afford confusion about the threat at hand. We have
underestimated our adversaries in the past, and missed important
developments even in friendly nations. Saddam Hussein developed nuclear
weapons while receiving U.S. aid. India detonated a nuclear device
before the U.S. had any advance warning. More recently, Syria procured
a nuclear reactor as the United States negotiated in good faith with
its suppliers in North Korea.
We need to get this right. A mistake, a botched timeline, a missed
event, a faulty analysis--all or any of the above could result in the
worst of all possible outcomes. It is for that reason, that I rise
today to introduce the legislation to help us better assess the nuclear
threat from Iran. This legislation will create an independent
commission comprised of 12 private U.S. citizens with expertise in
nuclear proliferation and experience on the question of Iran. They will
be appointed by the Speaker of the House, the House Minority Leader,
and the Senate Minority Leader. Together, they will lend their
expertise on this critical issue.
There is a venerable history to such bipartisan commissions,
including the 9/11 Commission, the Commission to Assess the Ballistic
Missile Threat to the United States, and the Commission on the
Intelligence Capabilities of the United States. A commission can
provide a set of fresh eyes to look without bias at the information at
hand and make assessments upon which the American people and American
policymakers can rely.
Perhaps there are some among my colleagues or in the bureaucracy of
the executive branch who believe that they need no help, and that such
a commission is not necessary. To them, I suggest a brief review of
history. Let us rely on the best our Nation has to offer, and bring
bipartisan, fresh expertise to the question of the Iranian threat.
I urge my colleagues to support me in this effort.
______
By Mr. BOND:
S. 3581. A bill to establish a Federal Mortgage Origination
Commission, and for other purposes; to the Committee on Banking,
Housing, and Urban Affairs.
Mr. BOND. Mr. President, today I am introducing a bill that goes to
the heart of one of the major problems in our loan operations. We have
had a system develop where no longer are loans just made available by
the State-regulated banks and thrifts. Too many loan offers come over
the Internet or by fax. I have not been able to develop a good enough
screening program on my computer to keep them out. I know what kinds of
solicitations are being made. They are being made by unregulated
entities, people not subject to any regulation. As we say back home: We
regulate the bricks but not the clicks. We regulate the banks and the
savings and loans but not the people who offer you loans too good to be
true by fax or Internet.
Congress has already taken some steps to address the mortgage
origination problem by developing a mortgage licensing and registry
system through the Secure and Fair Enforcement for Mortgage Licensing
Act of 2008 and protecting consumers by requiring greater mortgage loan
disclosure requirements. In addition, I have worked with Senator Dodd,
last year and this year, to include more housing counseling funding to
assist homeowners. I strongly believe the Mortgage Origination
Commission, proposed by the Secretary of the Treasury, is an important
element to complement these efforts.
As many of us know, the root cause of the current financial crisis is
traced to the breakdowns in the mortgage market, led by the high level
of failures in subprime mortgages. These failures occurred due to many
reasons, but one major reason was the loophole in the Government's
oversight and regulatory system for mortgage origination. Specifically,
many mortgage brokers with no or uneven regulatory oversight originated
a substantial number of all housing mortgages and over half of all
subprime mortgages.
To help close regulatory loopholes in mortgage origination, my bill
contains the key components recommended by the Treasury.
First, this legislation creates a new Federal oversight entity called
the Mortgage Origination Commission. The Commission would be led by a
Presidentially appointed Director for a 5-year term who would chair a
seven-member board comprised of the Federal Government's key financial
regulators: the Federal Reserve, the Office of the Comptroller of the
Currency, the Office of Thrift Supervision, the Federal Deposit
Insurance Corporation, the National Credit Union Administration, and
the Conference of State Bank Supervisors.
Second, the Commission would be empowered to develop uniform minimum
licensing qualification standards for State mortgage market
participants. As laid out in the bill, these standards would include
personal conduct and disciplinary history, minimum educational
requirements, testing criteria and procedures, and appropriate license
revocation standards. The Commission would also evaluate, rate, and
report on the adequacy of each State's system for licensing and
regulation.
The bill retains State-level regulation of the mortgage origination
process, but the new Federal Mortgage
[[Page 21717]]
Origination Commission would ensure that the States have adequate
protections in place and improve transparency in the mortgage
origination process by providing information on the strength of each
State's standards. The Commission will also provide transparency in the
securities market by providing evaluations and ratings on mortgages.
Finally, the bill clarifies the Federal Government's enforcement and
examination responsibilities over mortgage origination companies.
Specifically, the Federal Reserve and the Office of Thrift Supervision
would have clear authority over mortgage originators that are
affiliates of depository institutions with a federally regulated
holding company. States would have clear authority to enforce Federal
mortgage laws governing mortgage transactions involving mortgage
originators.
In formulating this legislation, my goal was to develop a proposal to
provide more effective regulation, transparency, and oversight in a
streamlined manner. This bill enhances the current structure without
creating a major new Federal entity. If enacted, the Commission could
be up and running in a relatively short time.
As I said, the legislation mirrors the Secretary of Treasury's
proposal, and it is intended to be part of the overall response. I look
forward to working with my colleagues to achieve this. I know time is
running short. I hope they will carefully consider this proposal and
perhaps include it in the bill coming to us or in separate legislation.
______
By Mr. BINGAMAN:
S. 3584. A bill to comprehensively prevent, treat, and decrease
overweight and obesity in our Nation's populations; to the Committee on
Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, I rise today to introduce the Obesity
Prevention, Treatment and Research Act of 2008. This legislation
creates unprecedented collaborations and collective across agencies,
and among private and public entities, individuals, and communities.
The very high prevalence of individuals who are obese or overweight
has resulted in an epidemic in the United States, affecting over 66
percent of adults and 32 percent of children according to the CDC's
National Center for Health Statistics. Over the last 30 years, the
obesity rate has more than doubled in all ages. The United States now
has the highest prevalence of obesity among the developed nations. In
fact, the prevalence of obesity in U.S. in 2006, 34 percent is more
than twice the average for other developed nations, 13 percent. The
prevalence of obesity in the next closest country, the United Kingdom,
is over 25 percent less than that of the U.S.
The Obesity Prevention, Treatment and Research Act of 2008
comprehensively addresses the obesity and overweight epidemic by
focusing on coordinating and augmenting existing prevention and
treatment activities. The legislation is based on the extensive work on
obesity of the Institutes of Medicine, IOM, over the last few years.
The legislation focuses on developing dynamic new collaborations and
collective actions, which IOM recommends as essential to successfully
addressing the problems of obese and overweight individuals throughout
the nation. In addition, the legislation focuses on supporting
interventions that will improve access to obesity prevention and
treatment services in our federal healthcare programs in recognition
that the high prevalence of overweight and obese individuals
dramatically increases the costs in Medicare, Medicaid, SCHIP, and
other public and private health insurance programs.
I note that interventions aimed at significantly decreasing the
prevalence of these illnesses are extremely cost effective and are
critical to overall disease prevention and health promotion efforts.
The Trust for America's Health recently reported that an investment of
just $10 per person per year in proven community based disease
prevention programs would yield a $2.8 billion annual health
expenditure reduction. Put another way, our nation would recoup nearly
$1 over and above the cost of a comprehensive disease prevention and
health promotion program for every $1 invested in the first 1 to 2
years of the program.
The Obesity Prevention, Treatment and Research Act of 2008
establishes the United States Council on Overweight & Obesity
Prevention, USCO-OP, which is charged with creating a comprehensive
strategy to prevent, treat and reduce the prevalence of overweight
individuals and obesity. This advisory council will update Federal
guidelines, identify best practices, conduct ongoing surveillance and
monitoring of existing Federal programs, and make recommendations to
coordinate budgets, policies and programs across Federal agencies in
collaboration with private and public partners. In addition, the
Council will provide guidance to the Federal Government for a new
series of grant programs established by the legislation to combat
obesity and the high prevalence of overweight individuals.
It is important to note that in July the Journal of the American
Medical Association reported that physical activity levels drop sharply
as children age. Children should be engaging in 60 minutes of moderate
to vigorous physical activity most days of the week. While 90 percent
of children met the recommended activity at age 9, by age 15 only 31
percent met the level on weekdays, and only 17 percent on weekends.
Moreover, these behaviors become worse as they get older. I find these
trends very disturbing.
In addition, experts tell us that Americans want and need better and
more accessible information about healthier foods, beverages and
exercise programs. The Council will help develop and update the daily
physical activity requirements in our schools, and identify activities
that families can do together, involving parents and their children
throughout the week, and as lifelong participants.
My legislation also creates grant programs to provide funding to
schools, community health centers, academic institutions, state medical
societies, state health departments, and communities to reduce the
prevalence and improve the prevention and treatment of individuals that
are obese or overweight.
It is also critical to point out that certain populations are more
vulnerable than others to the obesity and overweight epidemic. In my
home state of New Mexico, for example, the consequences are
devastating. 74 percent of Native American adults in New Mexico are
overweight or obese, as are 38 percent of Native American High School
students. I take steps in this legislation to address populations more
severely impacted by the obesity and overweight epidemic, including:
prioritizing grants to these populations and requiring Federal
reporting on research and data related to obesity in these populations.
The legislation also doubles existing funding levels for the
Department of Agriculture's Fresh Foods and Vegetables program to
levels that will assure that most low-income children will have access
to these foods within their schools.
The legislation also requires the Secretary of Health and Human
Services and the Secretary of Agriculture to consult with USCO-OP to
update and reform Federal oversight of food and beverage labeling. Such
reforms include improving the transparency of labeling with regard to
nutritional and caloric value of food and beverages. These updates and
reforms are critical. Research suggests that high-energy dense foods
that are low in nutrients represent 30 percent of the average American
total calorie intake. Research also suggests that these foods don't
trigger the brain's normal pathways and responses to let the body know
that it is full.
My legislation also amends the Social Security Act to expand access
to medical nutrition therapy and exercise counseling when determined
cost effective by the Secretary of Health and Human Services. We have
to figure out a way to prevent the development of end stages of morbid
obesity, such as kidney failure, heart failure and disability from
arthritis and other problems. My bill seeks to invest our Federal
dollar more wisely. This is truly the case where an ounce of prevention
is worth a pound of cure.
[[Page 21718]]
I would like to thank Dr. Dan Derksen, who served as a Robert Wood
Johnson Health Policy Fellow in my office this year, for his great work
in developing this legislation. In addition, I would like to thank the
Institutes of Medicine, the Campaign to End Obesity, and First Focus
for their assistance in developing this legislation.
The legislation has received the endorsement of: the Campaign to End
Obesity, American College of Gastroenterology, First Focus, Shaping
America's Health, YMCA of the USA, the National Coalition for Promoting
Physical Activity, the Sporting Goods Manufacturers of America, and the
New Mexico Medical Society.
I urge my other Senate colleagues to join in supporting this critical
legislation.
Mr. President, I ask unanimous consent that the text of this bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3584
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Obesity Prevention,
Treatment, and Research Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In 2001, the United States Surgeon General released the
Call to Action to Prevent and Decrease Overweight and Obesity
to bring attention to the public health problems related to
obesity.
(2) Since the Surgeon General's call to action, the
problems of obesity and overweight have become epidemic,
occurring in all ages, ethnicities and races, and individuals
in every State.
(3) The United States now has the highest prevalence of
obesity among the developed nations, according to 2006 data
by the Organisation for Economic Co-operation and
Development. The prevalence of obesity in the United States
(34 percent) is more than twice the average for other
developed nations (13 percent). The closest nation in
prevalence of obesity is the United Kingdom (24 percent)
which is over 25 percent less than the United States.
(4) The National Health and Nutrition Examination Survey in
2006 estimated that 32 percent of children and adolescents
aged 2 to 19 and an alarming 66 percent of adults are
overweight or obese.
(5) More than 30 percent of young people in grades 9
through 12 do not regularly engage in vigorous intensity
physical activity, while almost 40 percent of adults are
sedentary and 70 percent report getting less than 20 minutes
of regular physical activity per day.
(6) The Institute of Medicine, in their 2005 publication
``Preventing Childhood Obesity: Health in the Balance'',
reported that over the last 3 decades, the rate of childhood
obesity has tripled for children aged 6 to 11 years, and
doubled for children aged 2 to 5 years old and in adolescents
aged 12 to 19 years old. In 2004, approximately 9,000,000
children over 6 years of age were obese. Only 2 percent of
children eat a healthy diet consistent with Federal nutrition
guidelines.
(7) For children born in 2000, it is estimated the lifetime
risk of being diagnosed with type 2 diabetes is 40 percent
for females and 30 percent for males.
(8) Overweight and obesity disproportionately affect
minority populations and women. According to the 2006
Behavioral Risk Factor Surveillance System of the Centers for
the Disease Control and Prevention, 61 percent of adults in
the United States are overweight or obese.
(9) The Centers for the Disease Control and Prevention
estimates the annual expenditures related to overweight and
obesity in the United States to be $117,000,000,000 in 2001
and rising rapidly.
(10) The Centers for the Disease Control and Prevention
estimates that the increase in the number of overweight and
obese Americans between 1987 and 2001 resulted in a 27
percent increase in per capita health costs, and that as many
as 112,000 deaths per year are associated with obesity.
(11) Being overweight or obese increases the risk of
chronic diseases including diabetes, heart disease, stroke,
certain cancers, arthritis, and other health problems.
(12) According to the National Institute of Diabetes and
Digestive and Kidney Diseases, individuals who are obese have
a 50 to 100 percent increased risk of premature death.
(13) Healthy People 2010 goals identify overweight and
obesity as 1 of the Nation's leading health problems and
include objectives for increasing the proportion of adults
who are at a healthy weight, reducing the proportion of
adults who are obese, and reducing the proportion of children
and adolescents who are overweight or obese.
(14) Another Healthy People 2010 goal is to eliminate
health disparities among different segments of the
population. Obesity is a health problem that
disproportionally impacts medically underserved populations.
(15) Food and beverage advertisers are estimated to spend
$10,000,000 to $12,000,000,000 per year to target children
and youth.
(16) The United States spends less than 2 percent of its
annual health expenditures on prevention.
(17) Employer health promotion investments net a return of
$3 for every $1 invested.
(18) High-energy dense and low-nutrient dense foods
represent 30 percent of American's total calorie intake. Fast
food company menus are twice the energy density of
recommended healthful diets.
(19) Research suggests that individuals eat too much high-
energy dense foods without feeling full because the brain's
pathways that regulate hunger and influence normal food
intake are not triggered by these foods.
(20) Packaging, product placement, and high-energy dense
food content manipulation contribute to the overweight and
obesity epidemic in the United States.
(21) Such marketing and content manipulation techniques
have been used by other industries to encourage consumption
at the expense of health. To help individuals make healthy
choices, education and information must be available with
clear, consistent, and accurate labeling.
TITLE I--OBESITY TREATMENT, PREVENTION, AND REDUCTION
SEC. 101. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY
PREVENTION.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399R. UNITED STATES COUNCIL ON OVERWEIGHT-OBESITY
PREVENTION.
``(a) Establishment.--The Secretary shall convene a United
States Council on Overweight-Obesity Prevention (referred to
in this section as `USCO-OP').
``(b) Membership.--
``(1) In general.--USCO-OP shall be composed of 20 members,
which shall consist of--
``(A) the Secretary;
``(B) the Secretary (or his or her designee) of--
``(i) the Department of Agriculture;
``(ii) the Department of Education;
``(iii) the Department of Housing and Urban Development;
``(iv) the Department of the Interior
``(v) the Federal Trade Commission;
``(vi) the Department of Transportation; and
``(vii) any other Federal agency that the Secretary of
Health and Human Services determines appropriate;
``(C) the Chairman (or his or her designee) of the Federal
Communications Commission;
``(D) the Director (or his or her designee) of the Centers
for Disease Control and Prevention, the National Institutes
of Health, and the Agency for Healthcare Research and
Quality;
``(E) the Administrator of the Centers for Medicare and
Medicaid Services (or his or her designee);
``(F) the Commissioner of Food and Drugs (or his or her
designee); and
``(G) a minimum of 5 representatives, appointed by the
Secretary, of expert organizations such as public health
associations, key healthcare provider groups, planning and
development organizations, education associations, advocacy
groups, relevant industries, State and local leadership, and
other entities as determined appropriate by the Secretary.
``(2) Appointments.--The Secretary shall accept nominations
for representation on USCO-OP through public comment before
the initial appointment of members of USCO-OP under paragraph
(1)(G), and on a regular basis for open positions thereafter,
but not less than every 2 years.
``(3) Chairperson.--The chairperson of USCO-OP shall be--
``(A) an individual appointed by the President; and
``(B) until the date that an individual is appointed under
subparagraph (A), the Secretary.
``(c) Meetings.--
``(1) In general.--USCO-OP shall meet--
``(A) not later than 180 days after the date of enactment
of the Obesity Prevention, Treatment, and Research Act of
2008; and
``(B) at the call of the chairperson thereafter, but in no
case less often than 2 times per year.
``(2) Meetings of federal agencies.--The representatives of
the Federal agencies on USCO-OP shall meet on a regular
basis, as determined by the Secretary, to develop strategies
to coordinate budgets and discuss other issues that are not
otherwise permitted to be discussed in a public forum. The
purpose of such meetings shall be to allow more rapid
interagency strategic planning and intervention
implementation to address the overweight and obesity
epidemic.
``(d) Duties of USCO-OP.--USCO-OP shall--
``(1) develop strategies to comprehensively prevent, treat,
and reduce overweight and obesity;
``(2) coordinate interagency cooperation and action related
to the prevention, treatment, and reduction of overweight and
obesity in the United States;
[[Page 21719]]
``(3) identify best practices in communities to address
overweight and obesity;
``(4) work with appropriate entities to evaluate the
effectiveness of obesity and overweight interventions;
``(5) update the National Institutes of Health 1998
`Clinical Guidelines on the Identification, Evaluation, and
Treatment of Overweight and Obesity in Adults: The Evidence
Report' and include sections on childhood obesity in such
updated report;
``(6) conduct ongoing surveillance and monitoring using
tools such as the National Health and Nutrition Examination
Survey and the Behavioral Risk Factor Surveillance System and
assure adequate and consistent funding to support data
collection and analysis to inform policy;
``(7) make recommendations to coordinate budgets, grant and
pilot programs, policies, and programs across Federal
agencies to cohesively address overweight and obesity,
including with respect to the grant programs carried out
under sections 306(n), 399S, and 1904(a)(1)(H);
``(8) make recommendations to update and improve the daily
physical activity requirements for students under the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et seq.) and include recommendations about physical
activities that families can do together, and involving
parents in these activities;
``(9) make recommendations about coverage for obesity-
related services and for an early and periodic screening,
diagnostic, and treatment services program under the State
Children's Health Insurance Program established under title
XXI of the Social Security Act; and
``(10) provide guidelines for childhood obesity health care
related treatment under the early and periodic screening,
diagnostic, and treatment services program under the Medicaid
program established under title XIX of the Social Security
Act and otherwise described in section 2103(c)(5) of such
Act.
``(e) Report.--Not later than 18 months after the date of
enactment of the Obesity Prevention, Treatment, and Research
Act of 2008, and on an annual basis thereafter, USCO-OP shall
submit to the President and to the relevant committees of
Congress, a report that--
``(1) summarizes the activities and efforts of USCO-OP
under this section to coordinate interagency prevention,
treatment, and reduction of obesity and overweight, including
a detailed strategic plan with recommendations for each
Federal agency;
``(2) evaluates the effectiveness of these coordinated
interventions and conducts interim assessments and reporting
of health outcomes, achievement of milestones, and
implementation of strategic plan goals starting with the
second report, and yearly thereafter; and
``(3) makes recommendations for the following year's
strategic plan based on data and findings from the previous
year.
``(f) Technical Assistance.--The Department of Health and
Human Services may provide technical assistance to USCO-OP to
carry out the activities under this section.
``(g) Permanence of Committee.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to
USCO-OP.''.
SEC. 102. GRANTS AND DEMONSTRATION PROGRAMS TO PROMOTE
POSITIVE HEALTH BEHAVIORS IN POPULATIONS
DISPROPORTIONATELY AFFECTED BY OBESITY AND
OVERWEIGHT.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.), as amended by section 101, is amended
by adding at the end the following:
``SEC. 399S. GRANTS AND DEMONSTRATION PROGRAMS TO PROMOTE
POSITIVE HEALTH BEHAVIORS IN POPULATIONS
DISPROPORTIONATELY AFFECTED BY OBESITY AND
OVERWEIGHT.
``(a) Eligible Entity.--For purposes of this section, the
term `eligible entity' means--
``(1) a city, county, Indian tribe, tribal organization,
territory, or State;
``(2) a local, tribal, or State educational agency;
``(3) a Federal medical facility, including a federally
qualified health center (as defined in section 1861(aa)(4) of
the Social Security Act), an Indian Health Service hospital
or clinic, any health facility or program operated by or
pursuant to a contractor grant from the Indian Health
Service, an Indian Health Service entity, an urban Indian
center, an Indian tribal clinic, a health care for the
homeless center, a rural health center, migrant health
center, and any other Federal medical facility;
``(4) any entity meeting the criteria for medical home
under section 204 of the Tax Relief and Health Care Act of
2006 (Public Law 109-432);
``(5) a nonprofit organization (such as an academic health
center or community health center);
``(6) a health department;
``(7) any licensed or certified health provider;
``(8) an accredited university or college;
``(9) a community-based organization;
``(10) a local city planning agency; and
``(11) any other entity determined appropriate by the
Secretary.
``(b) Application.--An eligible entity that desires a grant
under this section shall submit an application at such time,
in such manner, and containing such information as the
Secretary may require, including a plan for the use of funds
that may be awarded and an evaluation of any training that
will be provided under such grant.
``(c) Grant Demonstration and Pilot Program.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
and in consultation with the United States Council on
Overweight-Obesity Prevention under section 399R, shall
establish and evaluate a grant demonstration and pilot
program for entities to--
``(A) prevent, treat, or otherwise reduce overweight and
obesity;
``(B) increase the number of children and adults who safely
walk or bike to school or work;
``(C) increase the availability and affordability of fresh
fruits and vegetables in the community;
``(D) expand safe and accessible walking paths and
recreational facilities to encourage physical activity, and
other interventions to create healthy communities;
``(E) create advertising, social marketing, and public
health campaigns promoting healthier food choices, increased
physical activity, and healthier lifestyles targeted to
individuals and to families;
``(F) promote increased rates and duration of
breastfeeding; and
``(G) increase worksite and employer promotion of and
involvement in community initiatives that prevent, treat, or
otherwise reduce overweight and obesity.
``(2) Special priority.--Special priority will be given to
grant proposals that target communities or populations
disproportionately affected by overweight or obesity,
including Native Americans, other minorities, and women.
``(d) Grants To Promote Positive Health Behaviors in
Populations Disproportionately Affected by Obesity and
Overweight.--
``(1) In general.--The Secretary, acting through the
Director of the Centers for Disease Control and Prevention,
may award grants to eligible entities to promote health
behaviors for women and children in target populations,
especially racial and ethnic minority populations in
medically underserved communities.
``(2) Use of funds.--An award under this section shall be
used to carry out any of the following:
``(A) To educate, promote, prevent, treat and determine
best practices in overweight and obese populations.
``(B) To address behavioral risk factors including
sedentary lifestyle, poor nutrition, being overweight or
obese, and use of tobacco, alcohol or other substances that
increase the risk of morbidity and mortality. Special
priority will be given to grant applications that--
``(i) propose interventions that address embedded levels of
influence on behavior, including the individual, family,
peers, community and society; and
``(ii) utilize techniques that promote community
involvement in the design and implementation of interventions
including community diagnosis and community-based
participatory research.
``(C) To develop and implement interventions to promote a
balance of energy consumption and expenditure, to attain
healthier weight, prevent obesity, and reduce morbidity and
mortality associated with overweight and obesity.
``(D)(i) To train primary care physicians and other
licensed or certified health professionals on how to
identify, treat, and prevent obesity or eating disorders and
aid individuals who are overweight, obese, or who suffer from
eating disorders.
``(ii) To use evidence-based findings or recommendations
that pertain to the prevention and treatment of obesity,
being overweight, and eating disorders to conduct educational
conferences, including Internet-based courses and
teleconferences, on--
``(I) how to treat or prevent obesity, being overweight,
and eating disorders;
``(II) the link between obesity, being overweight, eating
disorders and related serious and chronic medical conditions;
``(III) how to discuss varied strategies with patients from
at-risk and diverse populations to promote positive behavior
change and healthy lifestyles to avoid obesity, being
overweight, and eating disorders;
``(IV) how to identify overweight, obese, individuals with
eating disorders, and those who are at risk for obesity and
being overweight or suffer from eating disorders and,
therefore, at risk for related serious and chronic medical
conditions; and
``(V) how to conduct a comprehensive assessment of
individual and familial health risk factors and evaluate the
effectiveness of the training provided by such entity in
increasing knowledge and changing attitudes and behaviors of
trainees.
``(iii) In awarding a grant to carry out an activity under
this subparagraph, preference shall be given to an entity
described in subsection (a)(4).
``(e) Reporting to Congress.--Not later than 3 years after
the date of enactment of this section, the Director of the
Centers for
[[Page 21720]]
Disease Control and Prevention shall submit to the Secretary
and Congress a report concerning the result of the activities
conducted through the grants awarded under this section.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section,
$50,000,000 for fiscal year 2009, and such sums as may be
necessary for each of fiscal years 2010 through 2012.''.
SEC. 103. NATIONAL CENTER FOR HEALTH STATISTICS.
Section 306 of the Public Health Service Act (42 U.S.C.
242k) is amended--
(1) in subsection (m)(4)(B), by striking ``subsection (n)''
each place it appears and inserting ``subsection (o)'';
(2) by redesignating subsection (n) as subsection (o); and
(3) by inserting after subsection (m) the following:
``(n)(1) The Secretary, acting through the Center, may
provide for the--
``(A) collection of data for determining the fitness levels
and energy expenditure of adults, children, and youth; and
``(B) analysis of data collected as part of the National
Health and Nutrition Examination Survey and other data
sources.
``(2) In carrying out paragraph (1), the Secretary, acting
through the Center, may make grants to States, public
entities, and nonprofit entities.
``(3) The Secretary, acting through the Center, may provide
technical assistance, standards, and methodologies to
grantees supported by this subsection in order to maximize
the data quality and comparability with other studies.''.
SEC. 104. HEALTH DISPARITIES REPORT.
Not later than 18 months after the date of enactment of
this Act, and annually thereafter, the Director of the Agency
for Healthcare Research and Quality shall review all research
that results from the activities carried out under this Act
(and the amendments made by this Act) and determine if
particular information may be important to the report on
health disparities required by section 903(c)(3) of the
Public Health Service Act (42 U.S.C. 299a-1(c)(3)).
SEC. 105. PREVENTIVE HEALTH SERVICES BLOCK GRANT.
Section 1904(a)(1) of the Public Health Service Act (42
U.S.C. 300w-3(a)(1)) is amended by adding at the end the
following:
``(H) Activities and community education programs designed
to address and prevent overweight, obesity, and eating
disorders through effective programs to promote healthy
eating, and exercise habits and behaviors.''.
SEC. 106. REPORT ON OBESITY AND EATING DISORDERS RESEARCH.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate and the Committee on Energy
and Commerce of the House of Representatives a report on
research conducted on causes and health implications
(including mental health implications) of being overweight,
obesity, and eating disorders.
(b) Content.--The report described in subsection (a) shall
contain--
(1) descriptions on the status of relevant, current,
ongoing research being conducted in the Department of Health
and Human Services including research at the National
Institutes of Health, the Centers for Disease Control and
Prevention, the Agency for Healthcare Research and Quality,
the Health Resources and Services Administration, and other
offices and agencies;
(2) information about what these studies have shown
regarding the causes, prevention, and treatment of, being
overweight, obesity, and eating disorders; and
(3) recommendations on further research that is needed,
including research among diverse populations, the plan of the
Department of Health and Human Services for conducting such
research, and how current knowledge can be disseminated.
TITLE II--FOOD AND BEVERAGE LABELING FOR HEALTHY CHOICES
SEC. 201. FOOD AND BEVERAGE LABELING FOR HEALTHY CHOICES.
(a) USCO-OP.--In this section, the term ``USCO-OP'' means
the United States Council on Overweight-Obesity Prevention
under section 399R of the Public Health Service Act (as added
by section 101).
(b) Reform of Food and Beverage Labeling.--The Secretary of
Health and Human Services and the Secretary of Agriculture,
in consultation with the USCO-OP, shall, through regulation
or other appropriate action, update and reform Federal
oversight of food and beverage labeling. Such reform shall
include improving the transparency of such labeling with
regard to nutritional and caloric value of food and
beverages.
TITLE III--HEALTHY CHOICES FOOD AND BEVERAGE PROGRAMS
SEC. 301. FRESH FRUIT AND VEGETABLE PROGRAM.
Section 19(i) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1769a(i)) is amended--
(1) by redesignating paragraphs (3) through (7) as
paragraphs (4) through (8); and
(2) by inserting after paragraph (2) the following:
``(3) Additional mandatory funding.--
``(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, the Secretary of the Treasury shall
transfer to the Secretary of Agriculture to carry out and
expand the program under this section, to remain available
until expended--
``(i) on October 1, 2008, $80,000,000;
``(ii) on July 1, 2009, $130,000,000;
``(iii) on July 1, 2010, $202,000,000;
``(iv) on July 1, 2011, $300,000,000; and
``(v) on July 1, 2012, and on each July 1 thereafter, the
amount made available for the previous fiscal year, as
adjusted under subparagraph (B).
``(B) Adjustment.--On July 1, 2012, and on each July 1
thereafter the amount made available under subparagraph
(A)(v) shall be calculated by adjusting the amount made
available for the previous fiscal year to reflect changes in
the Consumer Price Index of the Bureau of Labor Statistics
for fresh fruits and vegetables, with the adjustment--
``(i) rounded down to the nearest dollar increment; and
``(ii) based on the unrounded amounts for the preceding 12-
month period.
``(C) Allocation.--Funds made available under this
paragraph shall be allocated among the States and the
District of Columbia in the same manner as funds made
available under paragraph (1).''.
TITLE IV--AMENDMENTS TO THE SOCIAL SECURITY ACT
SEC. 401. COVERAGE OF EVIDENCE-BASED PREVENTIVE SERVICES
UNDER MEDICARE, MEDICAID, AND SCHIP.
(a) Medicare.--Section 1861(ddd) of the Social Security
Act, as added by section 101 of the Medicare Improvements for
Patients and Providers Act of 2008, is amended--
(1) in paragraph (2), by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) The term `additional preventive services' includes
any evidence-based preventive services which the Secretary
has determined are reasonable and necessary, including, as so
determined, smoking cessation and prevention services, diet
and exercise counseling, and healthy weight and obesity
counseling.''.
(b) State Option to Provide Medical Assistance for
Evidence-Based Preventive Services.--
(1) In general.--Section 1905 of the Social Security Act
(42 U.S.C. 1396d) is amended--
(A) in subsection (a)--
(i) in paragraph (27), by striking ``and'' at the end;
(ii) by redesignating paragraph (28) as paragraph (29); and
(iii) by inserting after paragraph (27) the following:
``(28) evidence-based preventive services described in
subsection (y); and''; and
(B) by adding at the end the following:
``(y)(1) For purposes of subsection (a)(28), evidence-based
preventive services described in this subsection are any
preventive services which the Secretary has determined are
reasonable and necessary through the process for making
national coverage determinations (as defined in section
1869(f)(1)(B)) under title XVIII, including, as so
determined, smoking cessation and prevention services, diet
and exercise counseling, and healthy weight and obesity
counseling.''.
(2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
such Act is amended by inserting ``and (28)'' after ``(24)''.
(c) State Option to Provide Child Health Assistance for
Evidence-Based Preventive Services.--Section 2110(a) of the
Social Security Act (42 U.S.C. 1397jj(a)) is amended--
(1) by redesignating paragraph (28) as paragraph (29); and
(2) by inserting after paragraph (27) the following:
``(28) Evidence-based preventive services described in
section 1905(y).''.
SEC. 402. COVERAGE OF MEDICAL NUTRITION COUNSELING UNDER
MEDICARE, MEDICAID, AND SCHIP.
(a) Medicare Coverage of Medical Nutrition Therapy Services
for People With Pre-Diabetes.--Section 1861(s)(2)(V) of the
Social Security Act (42 U.S.C. 1395x(s)(2)(V)) is amended by
inserting after ``beneficiary with diabetes'' the following
``, pre-diabetes or its risk factors (including hypertension,
dyslipidemia, obesity, or overweight),''.
(b) State Option to Provide Medical Assistance for Medical
Therapy Services.--
(1) In general.--Section 1905(a) of the Social Security Act
(42 U.S.C. 1396d), as amended by section 401(b), is amended--
(A) in paragraph (28), by striking ``and'' at the end;
(B) by redesignating paragraph (29) as paragraph (30); and
(C) by inserting after paragraph (28) the following:
``(29) medical nutrition therapy services (as defined in
section 1861(vv)(1)) for individuals with pre-diabetes or
obesity, or who are overweight (as defined by the Secretary);
and''.
(2) Conforming amendment.--Section 1902(a)(10)(C)(iv) of
such Act, as amended by section 401(b)(2), is amended by
striking ``and (28)'' and inserting ``, (28) and (29)''.
(c) State Option to Provide Child Health Assistance for
Medical Nutrition Therapy
[[Page 21721]]
Services.--Section 2110(a) of the Social Security Act (42
U.S.C. 1397jj(a)), as amended by section 401(c), is amended--
(1) by redesignating paragraph (29) as paragraph (30); and
(2) by inserting after paragraph (28) the following:
``(29) Medical nutrition therapy services (as defined in
section 1861(vv)(1)) for individuals with pre-diabetes or
obesity, or who are overweight (as defined by the
Secretary).''.
SEC. 403. AUTHORIZING EXPANSION OF MEDICARE COVERAGE OF
MEDICAL NUTRITION THERAPY SERVICES.
(a) Authorizing Expanded Eligible Population.--Section
1861(s)(2)(V) of the Social Security Act (42 U.S.C.
1395x(s)(2)(V)), as amended by section 402, is amended--
(1) by redesignating clauses (i) through (iii) as
subclauses (I) through (III), respectively, and indenting
each such clause an additional 2 ems;
(2) by striking ``in the case of a beneficiary with
diabetes, pre-diabetes or its risk factors (including
hypertension, dyslipidemia, obesity, overweight), or a renal
disease who--'' and inserting ``in the case of a
beneficiary--
``(i) with diabetes, pre-diabetes or its risk factors
(including hypertension, dyslipidemia, obesity, overweight),
or a renal disease who--'';
(3) by adding ``or'' at the end of subclause (III) of
clause (i), as so redesignated; and
(4) by adding at the end the following new clause:
``(ii) who is not described in clause (i) but who has
another disease, condition, or disorder for which the
Secretary has made a national coverage determination (as
defined in section 1869(f)(1)(B)) for the coverage of such
services;''.
(b) Coverage of Services Furnished by Physicians.--Section
1861(vv)(1) of the Social Security Act (42 U.S.C.
1395x(vv)(1)) is amended by inserting ``or which are
furnished by a physician'' before the period at the end.
(c) National Coverage Determination Process.--In making a
national coverage determination described in section
1861(s)(2)(V)(ii) of the Social Security Act, as added by
subsection (a)(4), the Secretary of Health and Human
Services, acting through the Administrator of the Centers for
Medicare & Medicaid Services, shall--
(1) consult with dietetic and nutrition professional
organizations in determining appropriate protocols for
coverage of medical nutrition therapy services for
individuals with different diseases, conditions, and
disorders; and
(2) consider the degree to which medical nutrition therapy
interventions prevent or help prevent the onset or
progression of more serious diseases, conditions, or
disorders.
SEC. 404. CLARIFICATION OF EPSDT INCLUSION OF PREVENTION,
SCREENING, AND TREATMENT SERVICES FOR OBESITY
AND OVERWEIGHT; SCHIP COVERAGE.
(a) In General.--Section 1905(r)(5) of the Social Security
Act (42 U.S.C. 1396d(r)(5)) is amended by inserting ``,
including weight and BMI measurement and monitoring, as well
as appropriate treatment services (including but not limited
to) medical nutrition therapy services (as defined in section
1861(vv)(1)), physical therapy or exercise training, and
behavioral health counseling, based on recommendations of the
United States Council on Overweight-Obesity Prevention under
section 399R of the Public Health Service Act and such other
expert recommendations and studies as determined by the
Secretary'' before the period.
(b) SCHIP.--
(1) Required coverage.--Section 2103 (42 U.S.C. 1397cc) is
amended--
(A) in subsection (a), in the matter before paragraph (1),
by striking ``subsection (c)(5)'' and inserting ``paragraphs
(5) and (7) of subsection (c)''; and
(B) in subsection (c)--
(i) by redesignating paragraph (5) as paragraph (7); and
(ii) by inserting after paragraph (4), the following:
``(5) Prevention, screening, and treatment services for
obesity and overweight.--The child health assistance provided
to a targeted low-income child shall include coverage of
weight and BMI measurement and monitoring, as well as
appropriate treatment services (including but not limited to)
medical nutrition therapy services (as defined in section
1861(vv)(1)), physical therapy or exercise training, and
behavioral health counseling, based on recommendations of the
United States Council on Overweight-Obesity Prevention under
section 399R of the Public Health Service Act and such other
expert recommendations and studies as determined by the
Secretary.''.
(2) Conforming amendment.--Section 2102(a)(7)(B) (42 U.S.C.
1397bb(c)(2)) is amended by inserting ``and services
described in section 2103(c)(5)'' after ``emergency
services''.
SEC. 405. INCLUSION OF PREVENTIVE SERVICES IN QUALITY
MATERNAL AND CHILD HEALTH SERVICES.
Section 501(b) of the Social Security Act (42 U.S.C.
701(b)) is amended by adding at the end the following new
paragraph:
``(5) The term `quality maternal and child health services'
includes the following:
``(A) Evidence-based preventive services described in
section 1905(y).
``(B) Medical nutrition counseling for individuals with
pre-diabetes or obesity, or who are overweight (as defined by
the Secretary).
``(C) Weight and BMI measurement and monitoring, as well as
appropriate treatment services (including but not limited to)
medical nutrition therapy services (as defined in section
1861(vv)(1)), physical therapy or exercise training, and
behavioral health counseling, based on recommendations of the
United States Council on Overweight-Obesity Prevention under
section 399R of the Public Health Service Act and such other
expert recommendations and studies as determined by the
Secretary.''.
SEC. 406. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this title take effect on October 1, 2009.
(b) Extension of Effective Date for State Law Amendment.--
In the case of a State plan under title XIX or XXI of the
Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.)
which the Secretary of Health and Human Services determines
requires State legislation in order for the plan to meet the
additional requirements imposed by the amendments made by
this section, the State plan shall not be regarded as failing
to comply with the requirements of such title solely on the
basis of its failure to meet these additional requirements
before the first day of the first calendar quarter beginning
after the close of the first regular session of the State
legislature that begins after the date of enactment of this
Act. For purposes of the previous sentence, in the case of a
State that has a 2-year legislative session, each year of the
session is considered to be a separate regular session of the
State legislature.
______
By Mr. REID:
S. 3590. A bill to provide grants for use by rural local educational
agencies in purchasing new school buses; to the Committee on Commerce,
Science, and Transportation.
Mr. REID. Mr. President, many years ago, when I attended school in
Searchlight, I walked to school. When it was time for high school, I
hitched a ride into a town 40 miles away and had to stay with family
during the week. There weren't many options back then. That was how
many kids got to school in rural Nevada--walk or hitchhike.
Now, of course, in both urban and rural America, most children take
school buses to school.
Unfortunately, rural school districts across America are strapped.
They can't afford to buy newer, safer buses. With gas near $4 a gallon,
their budgets have been stretched to the limits. As a result, many
rural areas have no choice but to operate outdated, unsafe school buses
for as long as they can pass inspection.
Over the years, I have met several times with the school
superintendents in my State--all 17 of them. While each district has
their own unique challenges, they all have an urgent need for safe and
reliable school buses.
In some rural Nevada counties, school buses must travel a million
miles in a single school year. Last school year, the buses in one of
Nevada's rural school districts traveled close to 5 million miles
combined. I am fairly confident that many of my colleagues on both
sides of the aisle would agree that the need for newer and safer school
buses is not unique to Nevada's rural school districts.
From my meetings with our State's superintendents, it was clear that
our school districts needed assistance. In the 108th and 109th
Congresses, I introduced legislation to help these and other rural
districts transport children to school in a way that is safe,
affordable, and environmentally sound.
The Bus Utility and Safety in School Transportation Opportunity and
Purchasing Act of 2008--or BUS STOP--allows school districts across
rural America to be eligible for transit funding through the Department
of Transportation, with the Federal Government contributing 75 percent
of the cost.
Some may wonder why we need such a program when the Environmental
Protection Agency already has a cost-share grant program--the Clean
School Bus USA program--to help school districts purchase new buses
powered by natural gas or other alternative fuels.
Unfortunately, most of the rural districts in my State, and, I would
imagine, across the country, cannot apply for these grants because they
don't have the infrastructure in place to support this technology.
However, working in the spirit of a cleaner environment and healthy
children, this bill will help rural school
[[Page 21722]]
districts buy newer buses that are better for our air, and safer for
our children.
There are many small, rural towns in America, like Searchlight, where
kids travel to school in outdated buses. They deserve no less than
safe, clean, economical buses to get them to school.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3590
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bus Utility and Safety in
School Transportation Opportunity and Purchasing Act of
2008''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) school transportation issues remain a concern for
parents, State and local educational agencies, lawmakers, the
National Highway Traffic Safety Administration, the National
Transportation Safety Board, and the Environmental Protection
Agency;
(2) many rural local educational agencies are operating
outdated, unsafe school buses that are failing inspection,
resulting in a depletion of the school bus fleets of the
local educational agencies;
(3) many rural local educational agencies are unable to
afford newer and safer buses;
(4) the rising cost of fuel has further strained the
budgets of local educational agencies across the country; and
(5) millions of children face potential future health
problems because of exposure to noxious fumes emitted from
older school buses.
(b) Purpose.--The purpose of this Act is to establish
within the Department of Transportation a Federal cost-
sharing program to assist rural local educational agencies
with older, unsafe school bus fleets in purchasing newer,
safer school buses.
SEC. 3. DEFINITIONS.
In this Act:
(1) Rural local educational agency.--The term ``rural local
educational agency'' means a local educational agency, as
defined in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801), with respect to
which--
(A) each county in which a school served by the local
educational agency is located has a total population density
of fewer than 10 persons per square mile;
(B) all schools served by the local educational agency are
designated with a school locale code of 7 or 8, as determined
by the Secretary of Education; or
(C) all schools served by the local educational agency have
been designated, by official action taken by the legislature
of the State in which the local educational agency is
located, as rural schools for purposes relating to the
provision of educational services to students in the State.
(2) School bus.--The term ``school bus'' means a vehicle
the primary purpose of which is to transport students to and
from school or school activities.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 4. GRANT PROGRAM.
(a) In General.--From amounts made available under section
5311(j) of title 49, United States Code, for a fiscal year,
the Secretary, in consultation with the Secretary of
Education, shall provide grants, on a competitive basis, to
rural local educational agencies to pay the Federal share of
the cost of purchasing new school buses.
(b) Application.--
(1) In general.--Each rural local educational agency that
seeks to receive a grant under this Act shall submit to the
Secretary for approval an application at such time, in such
manner, and accompanied by such information (in addition to
information required under paragraph (2)) as the Secretary
may require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) documentation that, of the total number of school buses
operated by the rural local educational agency, a majority of
these buses entered service prior to 1998;
(B) documentation of the number of miles that each school
bus operated by the rural local educational agency traveled
in the most recent 9-month academic year;
(C) documentation that the rural local educational agency
is operating with a strained fleet of school buses;
(D) a certification from the rural local educational agency
that--
(i) authorizes the application of the rural local
educational agency for a grant under this Act; and
(ii) describes the dedication of the rural local
educational agency to school bus replacement programs and
school transportation needs (including the number of new
school buses needed by the rural local educational agency);
and
(E) an assurance that the rural local educational agency or
state educational agency will pay the non-Federal share of
the cost of the purchase of new school buses under this Act
from non-Federal sources.
(c) Priority.--
(1) In general.--In providing grants under this Act, the
Secretary shall give priority to rural local educational
agencies that, as determined by the Secretary--
(A) are transporting students in a bus manufactured before
1977;
(B) have a strained fleet of school buses; or
(C) serve a school that is required, under section
1116(b)(9) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316(b)(9)), to provide transportation to
students to enable the students to transfer to another public
school served by the rural local educational agency.
(d) Payments; Federal Share.--
(1) Payments.--The Secretary shall pay to each rural local
educational agency having an application approved under this
section the Federal share described in paragraph (2) of the
cost of purchasing such number of new school buses as is
specified in the approved application.
(2) Federal share.--The Federal share of the cost of
purchasing a new school bus under this Act shall be 75
percent.
(e) Formula Grants Under SAFETEA-LU.--Section 5311 of title
49, United States Code, is amended by inserting at the end
the following:
``(j) Rural School Transportation.--The Secretary may
expand not to exceed 5 percent of amounts made available
under this section to carry out the Bus Utility and Safety in
School Transportation Opportunity and Purchasing Act of
2008.''.
______
By Mr. REID (for himself and Mr. Ensign):
S. 3595. A bill to direct the Secretary of the Interior to convey to
the Nevada System of Higher Education certain Federal land located in
Clark and Nye counties, Nevada, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. REID. Mr. President, I rise today with my good friend Senator
Ensign to introduce the Southern Nevada Higher Education Land Act of
2008. This bill will expand opportunities for higher education in one
of the Nation's fastest growing areas, southern Nevada.
In July 1862, President Abraham Lincoln signed the Land Grant College
Act into law, creating a higher education legacy that continues to
benefit our country today. That bill, now referred to as the Morrill
Act, provided 30,000 acres of Federal land per Member of Congress to
establish institutions of higher education in each State. Today, thanks
in large part to the foresight of Senator Justin Smith Morrill from
Vermont and others from his time, this Nation has one of the finest
public university systems in the world.
Among the many universities established as a result of this forward-
looking legislation was the University of Nevada. The State's first
university was originally founded in Elko in 1874. Two years later,
Nevada's State legislature voted to move the university to its current
home in Reno. The University of Nevada remained the State's only higher
education institution for 75 years.
From these humble beginnings, the State of Nevada has expanded its
higher education system to now include two research universities, one
State college, one research institution, and four community colleges.
The Nevada System of Higher Education, which was formed in 1968 and
encompasses all 8 institutions, has grown to serve roughly 98,000
degree-seeking students.
As the State of Nevada continues to grow, so too must its university
system. With over 2 million residents in 2007, greater Las Vegas is the
fourth-largest metropolitan area in the Mountain West. In this decade
alone, the area's population has grown by 31 percent, 5 times faster
than the Nation as a whole. By the year 2040, the area's population is
projected to double to nearly 4.3 million residents. We must expand
higher education opportunities to meet the demands of this growing
region.
Consider the following--the University of Nevada, Las Vegas, with
28,000 students and 3,300 faculty and staff, is the fourth fastest-
growing research university in the Nation. The College of Southern
Nevada, also in Las Vegas, serves 39,000 students and its three urban
campuses are at near capacity. The town of Pahrump, 60 miles from Las
Vegas in rural Nye County, has grown by 20 percent since 2000. Great
Basin College's small branch campus in Pahrump uses high school
classrooms at night to serve the city's 41,000 residents.
[[Page 21723]]
Our legislation will make selected parcels of Federal lands available
for the future growth of the university system. Land will be provided
for new campuses for the University of Nevada, Las Vegas; the College
of Southern Nevada; and a Pahrump campus of Great Basin College. The
current campuses for these three institutions comprise 1,150 acres in
southern Nevada. With the passage of this legislation, an additional
2,400 acres will be available for new classroom, research, and
residential facilities to help further the missions of these three fine
institutions.
To establish these new campuses, three parcels of land would be
conveyed from the Bureau of Land Management, BLM, to the Nevada System
of Higher Education. Two of the parcels are located in Clark County,
within the Southern Nevada Public Land Management Act, SNPLMA, disposal
boundary. The third parcel is located in Pahrump, west of Las Vegas, in
Nye County. BLM has designated all of these parcels for disposal
because they are surrounded by development and are difficult to manage.
It is important to point out that the land our legislation conveys
for the University of Nevada, Las Vegas, borders Nellis Air Force Base.
Nellis was once on the outskirts of town, but now development is on its
doorstep. In order to protect the mission of the Nellis Air Force base,
we have put a special provision in the legislation requiring that the
university system and Air Force sign a common agreement regarding
development plans for the campus before any land is conveyed. The
university system and the Air Force have been in conversations about
this agreement for at least 2 years and seem to have found a middle
ground that will serve the interests of both parties. We greatly
appreciate the efforts of the university system and the Air Force to
make this work.
This same land bordering Nellis was once used as a small arms range
during World War II and will need to be cleaned up before it can be
conveyed to the university system. Because it will take time to
accomplish this, our legislation allows the land to be conveyed in
phases, as the remediation is completed.
This proposal to expand higher education opportunities in southern
Nevada has been welcomed by area leaders. City and county officials
have worked closely with the Nevada System of Higher Education to plan
the development of world-class facilities in their communities. These
facilities are critical to meeting the challenge of diversifying their
economies and attracting and growing knowledge industries in the area.
Just as the Morrill Act opened up Federal land to expand higher
education across the Nation, I am hopeful that this important, though
much more modest effort can do the same for the residents of southern
Nevada. We look forward to working with Chairman Bingaman, Ranking
Member Domenici and the other distinguished members of the Energy and
Natural Resources Committee to move this legislation in an expeditious
manner.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3595
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Southern Nevada Higher
Education Land Act of 2008''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) southern Nevada is 1 of the fastest growing regions in
the United States, with 750,000 new residents added since
2000 and 250,000 residents expected to be added by 2010;
(2) the Nevada System of Higher Education serves more than
70,000 undergraduate and graduate students in southern
Nevada, with enrollment in the System expected to grow by 21
percent during the next 10 years, which would bring
enrollment to a total of 85,000 students in the System;
(3) the Nevada System of Higher Education campuses in
southern Nevada comprise 1,200 acres, 1 of the smallest land
bases of any major higher education system in the western
United States;
(4) the University of Nevada, Las Vegas, with 28,500
students and 3,300 faculty and staff, is the fourth fastest-
growing research university in the United States;
(5) the College of Southern Nevada--
(A) serves 39,000 students each semester; and
(B) is near capacity at each of the 3 urban campuses of the
College;
(6) Pahrump, located in rural Nye County, Nevada--
(A) has grown by 20 percent since 2000; and
(B) has a small satellite campus of Great Basin College to
serve the 40,500 residents of Pahrump, Nevada; and
(7) the Nevada System of Higher Education needs additional
land to provide for the future growth of the System,
particularly for the University of Nevada, Las Vegas, the
College of Southern Nevada, and the Pahrump campus of Great
Basin College.
(b) Purposes.--The purposes of this Act are--
(1) to provide additional land for a thriving higher
education system that serves the residents of fast-growing
southern Nevada;
(2) to provide residents of the State with greater
opportunities to pursue higher education and the resulting
benefits, which include increased earnings, more employment
opportunities, and better health; and
(3) to provide communities in southern Nevada the economic
and societal values of higher education, including economic
growth, lower crime rates, greater civic participation, and
less reliance on social services.
SEC. 3. DEFINITIONS.
In this Act:
(1) Board of regents.--The term ``Board of Regents'' means
the Board of Regents of the Nevada System of Higher
Education.
(2) Campuses.--The term ``Campuses'' means the Great Basin
College, College of Southern Nevada, and University of Las
Vegas, Nevada, campuses.
(3) Federal land.--The term ``Federal land'' means each of
the 3 parcels of Bureau of Land Management land identified on
the maps as ``Parcel to be Conveyed'', of which--
(A) approximately 40 acres is to be conveyed for the
College of Southern Nevada;
(B) approximately 2,085 acres is to be conveyed for the
University of Nevada, Las Vegas; and
(C) approximately 285 acres is to be conveyed for the Great
Basin College.
(4) Map.--The term ``Map'' means each of the 3 maps
entitled ``Southern Nevada Higher Education Land Act'', dated
July 11, 2008, and on file and available for public
inspection in the appropriate offices of the Bureau of Land
Management.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of Nevada.
(7) System.--The term ``System'' means the Nevada System of
Higher Education.
SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.
(a) Conveyances.--
(1) In general.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) and
section 1(c) of the Act of June 14, 1926 (commonly known as
the ``Recreation and Public Purposes Act'') (43 U.S.C.
869(c)) and subject to all valid existing rights, the
Secretary shall--
(A) not later than 180 days after the date of enactment of
this Act, convey to the System, without consideration, all
right, title, and interest of the United States in and to the
Federal land for the Great Basin College and the College of
Southern Nevada; and
(B) not later than 180 days after the receipt of
certification of acceptable remediation of environmental
conditions existing on the parcel to be conveyed for the
University of Nevada, Las Vegas, convey to the System,
without consideration, all right, title, and interest of the
United States in and to the Federal land for the University
of Nevada, Las Vegas.
(2) Phases.--The Secretary may phase the conveyance of the
Federal land under paragraph (1)(B) as remediation is
completed.
(b) Conditions.--
(1) In general.--As a condition of the conveyance under
subsection (a)(1), the Board of Regents shall agree in
writing--
(A) to pay any administrative costs associated with the
conveyance, including the costs of any environmental,
wildlife, cultural, or historical resources studies;
(B) to use the Federal land conveyed for educational and
recreational purposes;
(C) to release and indemnify the United States from any
claims or liabilities that may arise from uses carried out on
the Federal land on or before the date of enactment of this
Act by the United States or any person;
(D) as soon as practicable after the date of the conveyance
under subsection (a)(1), to erect at each of the Campuses an
appropriate and centrally located monument that acknowledges
the conveyance of the Federal land by the United States for
the purpose of furthering the higher education of the
citizens in the State; and
(E) to assist the Bureau of Land Management in providing
information to the students of the System and the citizens of
the State on--
[[Page 21724]]
(i) public land (including the management of public land)
in the Nation; and
(ii) the role of the Bureau of Land Management in managing,
preserving, and protecting the public land in the State.
(2) Agreement with nellis air force base.--As a condition
of the conveyance of the Federal land for the University of
Nevada, Las Vegas under subsection (a)(1)(B), the Board of
Regents shall enter into a cooperative interlocal agreement
with Nellis Air Force Base that is consistent with the
missions of the System and the United States Air Force.
(c) Use of Federal Land.--
(1) In general.--The System may use the Federal land
conveyed under subsection (a)(1) for--
(A) any purpose relating to the establishment, operation,
growth, and maintenance of the System; and
(B) any uses relating to the purposes, including
residential and commercial development that would generally
be associated with an institution of higher education.
(2) Other entities.--The System may--
(A) consistent with Federal and State law, lease, or
otherwise provide property or space at, the Campuses, with or
without consideration, to religious, public interest,
community, or other groups for services and events that are
of interest to the System or to any community located in
southern Nevada;
(B) allow any other communities in southern Nevada to use
facilities of the Campuses for educational and recreational
programs of the community; and
(C) in conjunction with the city of Las Vegas, North Las
Vegas, or Pahrump or Clark or Nye County plan, finance
(including through the provision of cost-share assistance),
construct, and operate facilities for the city of Las Vegas,
North Las Vegas, or Pahrump or Clark or Nye County on the
Federal land conveyed for educational or recreational
purposes consistent with this section.
(d) Reversion.--
(1) In general.--If the Federal land or any portion of the
Federal land conveyed under subsection (a)(1) ceases to be
used for the System, the Federal land, or any portion of the
Federal land shall, at the discretion of the Secretary,
revert to the United States.
(2) University of nevada, las vegas.--If the System fails
to complete the first building or show progression toward
development of the University of Nevada, Las Vegas campus on
the applicable parcels of Federal land by the date that is 50
years after the date of receipt of certification of
acceptable remediation of environmental conditions, the
parcels of the Federal land described in section 3(3)(B)
shall, at the discretion of the Secretary, revert to the
United States.
______
By Mr. KERRY:
S. 3596. A bill to stabilize the small business lending market, and
for other purposes; to the Committee on Small Business and
Entrepreneurship.
Mr. KERRY. Mr. President, over the past several days the Federal
Government has been called upon to bail out some of America's largest
financial companies. While I recognize that swift action must be taken
to prevent the collapse of our Nation's major financial institutions,
like many other Americans, I believe we also should come to the aid of
our Nation's small businesses, which are also imperiled by this
financial crisis.
Today the problems facing small firms and the banks that typically
lend to them are not unlike those being faced by corporate America--
firms simply cannot access the capital they need to keep their small
businesses afloat in the wake of this economic crisis. Although the
Small Business Administration's loan programs were designed to reach
these marginalized borrowers, there is ample evidence that the programs
are failing to do so at this critical juncture.
Last year, the SBA's 7(a) and 504 loan guarantee programs combined to
provide over 100,000 American small businesses with essential
financing, and they injected approximately $20 billion into our local
businesses and communities. As a result of the financial crisis, 7(a)
loans are down about 30 percent in terms of the number of loans made,
and down about 11 percent in terms of dollars. Meanwhile, the number of
504 loans has decreased about 16 percent and they are down
approximately 15 percent in terms of dollars loaned for fiscal year
2008. But these are more than just statistics; they are stark
indications that the SBA's loan programs are not reaching enough of the
small businesses that are now struggling to obtain affordable credit.
The recent drop in SBA lending paints a picture of small business
borrowers and lenders caught in a vicious cycle driven by the financial
crises of the past year. On the lender side of the equation, struggling
banks have become so concerned with risk that they have virtually cut
off conventional small business borrowing, even to well-qualified
firms. On the borrower side, the banks' extremely tight lending
practices are preventing loans--SBA loans in particular--from serving
small businesses that need capital to survive the current economic
crisis. That is why I am introducing the Small Business Lending Market
Stabilization Act of 2008--which will jump start SBA lending, helping
thousands of American small businesses receive the financing they need
to survive the current financial crisis.
In April, as Chairman of the Senate Committee on Small Business and
Entrepreneurship, I held a hearing to learn why the SBA loan programs
were not reaching small businesses that were being squeezed out of the
conventional loan markets by the credit crunch. Although the
Administration refused to admit it at the time, virtually every other
witness at the hearing told me that the SBA's increased fees played a
significant role. The bill I have introduced today will address that
problem by temporarily eliminating the fees that the SBA charges to
borrowers, lenders, and ``Certified Development Companies'' for the
7(a) and 504 loan guarantee programs. This will immediately reduce the
cost of capital for SBA borrowers. With lower monthly loan payments,
more money will be placed into the hands of small business owners--
money that will allow them to continue purchasing inventory and
equipment. At the same time, the fee relief will also reduce the cost
of lending for SBA's partners in the private sector, allowing them to
make more small business loans through the programs.
The bill also includes several provisions that will expand the
universe of small businesses that can access the SBA's loan programs.
For instance, one measure will permit certain borrowers to refinance a
limited amount of their preexisting debt through a new 504 loan. This
adjustment will allow 504 loans to reach small business owners who want
to refinance their company's existing debt, but have been turned down
by conventional lenders.
The bill also contains measures that will give lenders greater
flexibility in making SBA loans. One provision would allow the SBA to
use ``weighted average rates'' when pooling loans for sale on the
secondary market, making the secondary markets for SBA loans more
efficient and improving liquidity among participating banks. Another
provision would provide greater flexibility by directing the SBA to
give lenders at least one alternative interest rate to the Wall Street
prime rate, which will help reduce interest rate typically charged on
7(a) loans.
In short, the bill I am introducing today will provide much needed
support for America's small businesses, helping them break free from
the vicious cycle caused by the crisis in our financial markets. I will
continue to work with my colleagues on both sides of the aisle to
ensure that the massive Wall Street bailout proposal we have been asked
to approve contains adequate protections for taxpayers. But I also urge
my colleagues to join me in supporting this bill, which will provide a
lifeline to hundreds of thousands of American small businesses along
Main Street.
______
By Mr. KYL:
S. 3599. A bill to amend title 18, United States Code, to add crimes
committed in Indian country or exclusive Federal jurisdiction as
racketeering predicates; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3599
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. CRIMES COMMITTED IN INDIAN COUNTRY OR EXCLUSIVE
FEDERAL JURISDICTION AS RACKETEERING
PREDICATES.
Section 1961(1)(A) of title 18, United States Code, is
amended by inserting ``, or would
[[Page 21725]]
have been so chargeable if the act or threat (other than
gambling conducted pursuant to Federal law) had not been
committed in Indian country (as defined in section 1151) or
in any other area of exclusive Federal jurisdiction,'' after
``chargeable under State law''.
______
By Mr. KYL:
S. 3600. A bill to amend title 35, United States Code, to provide for
patent reform; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill ordered to be printed
in the Record, as follows:
S. 3600
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Patent
Reform Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Right of the first inventor to file.
Sec. 3. Inventor's oath or declaration.
Sec. 4. Damages.
Sec. 5. Post-grant review proceedings.
Sec. 6. Definition; patent trial and appeal board.
Sec. 7. Submissions by third parties and other quality enhancements.
Sec. 8. Venue.
Sec. 9. Patent and trademark office regulatory authority.
Sec. 10. Applicant quality submissions.
Sec. 11. Inequitable conduct and civil sanctions for misconduct before
the Office.
Sec. 12. Authority of the Director of the Patent and Trademark Office
to accept late filings.
Sec. 13. Limitation on damages and other remedies with respect to
patents for methods in compliance with check imaging
methods.
Sec. 14. Patent and trademark office funding.
Sec. 15. Technical amendments.
Sec. 16. Effective date; rule of construction.
SEC. 2. RIGHT OF THE FIRST INVENTOR TO FILE.
(a) Definitions.--Section 100 of title 35, United States
Code, is amended by adding at the end the following:
``(f) The term `inventor' means the individual or, if a
joint invention, the individuals collectively who invented or
discovered the subject matter of the invention.
``(g) The terms `joint inventor' and `coinventor' mean any
1 of the individuals who invented or discovered the subject
matter of a joint invention.
``(h) The `effective filing date of a claimed invention'
is--
``(1) the filing date of the patent or the application for
patent containing the claim to the invention; or
``(2) if the patent or application for patent is entitled
to a right of priority of any other application under section
119, 365(a), or 365(b) or to the benefit of an earlier filing
date in the United States under section 120, 121, or 365(c),
the filing date of the earliest such application in which the
claimed invention is disclosed in the manner provided by the
first paragraph of section 112.
``(i) The term `claimed invention' means the subject matter
defined by a claim in a patent or an application for a
patent.''.
(b) Conditions for Patentability.--
(1) In general.--Section 102 of title 35, United States
Code, is amended to read as follows:
``Sec. 102. Conditions for patentability; novelty
``(a) Novelty; Prior Art.--A patent for a claimed invention
may not be obtained if--
``(1) the claimed invention was patented, described in a
printed publication, or otherwise made available to the
public (other than through testing undertaken to reduce the
invention to practice)--
``(A) more than 1 year before the effective filing date of
the claimed invention; or
``(B) 1 year or less before the effective filing date of
the claimed invention, other than through disclosures made by
the inventor or a joint inventor or by others who obtained
the subject matter disclosed directly or indirectly from the
inventor or a joint inventor; or
``(2) the claimed invention was described in a patent
issued under section 151, or in an application for patent
published or deemed published under section 122(b), in which
the patent or application, as the case may be, names another
inventor and was effectively filed before the effective
filing date of the claimed invention.
``(b) Exceptions.--
``(1) Prior inventor disclosure exception.--Subject matter
that would otherwise qualify as prior art based upon a
disclosure under subparagraph (B) of subsection (a)(1) shall
not be prior art to a claimed invention under that
subparagraph if the subject matter had, before such
disclosure, been publicly disclosed by the inventor or a
joint inventor or others who obtained the subject matter
disclosed directly or indirectly from the inventor or a joint
inventor.
``(2) Derivation, prior disclosure, and common assignment
exceptions.--Subject matter that would otherwise qualify as
prior art only under subsection (a)(2), after taking into
account the exception under paragraph (1), shall not be prior
art to a claimed invention if--
``(A) the subject matter was obtained directly or
indirectly from the inventor or a joint inventor;
``(B) the subject matter had been publicly disclosed by the
inventor or a joint inventor or others who obtained the
subject matter disclosed, directly or indirectly, from the
inventor or a joint inventor before the effective filing date
of the application or patent set forth under subsection
(a)(2); or
``(C) the subject matter and the claimed invention, not
later than the effective filing date of the claimed
invention, were owned by the same person or subject to an
obligation of assignment to the same person.
``(3) Joint research agreement exception.--
``(A) In general.--Subject matter and a claimed invention
shall be deemed to have been owned by the same person or
subject to an obligation of assignment to the same person in
applying the provisions of paragraph (2) if--
``(i) the subject matter and the claimed invention were
made by or on behalf of 1 or more parties to a joint research
agreement that was in effect on or before the effective
filing date of the claimed invention;
``(ii) the claimed invention was made as a result of
activities undertaken within the scope of the joint research
agreement; and
``(iii) the application for patent for the claimed
invention discloses or is amended to disclose the names of
the parties to the joint research agreement.
``(B) For purposes of subparagraph (A), the term `joint
research agreement' means a written contract, grant, or
cooperative agreement entered into by 2 or more persons or
entities for the performance of experimental, developmental,
or research work in the field of the claimed invention.
``(4) Patents and published applications effectively
filed.--A patent or application for patent is effectively
filed under subsection (a)(2) with respect to any subject
matter described in the patent or application--
``(A) as of the filing date of the patent or the
application for patent; or
``(B) if the patent or application for patent is entitled
to claim a right of priority under section 119, 365(a), or
365(b) or to claim the benefit of an earlier filing date
under section 120, 121, or 365(c), based upon 1 or more prior
filed applications for patent, as of the filing date of the
earliest such application that describes the subject
matter.''.
(2) Conforming amendment.--The item relating to section 102
in the table of sections for chapter 10 of title 35, United
States Code, is amended to read as follows:
``102. Conditions for patentability; novelty.''.
(c) Conditions for Patentability; Nonobvious Subject
Matter.--Section 103 of title 35, United States Code, is
amended to read as follows:
``Sec. 103. Conditions for patentability; nonobvious subject
matter
``A patent for a claimed invention may not be obtained
though the claimed invention is not identically disclosed as
set forth in section 102, if the differences between the
claimed invention and the prior art are such that the claimed
invention as a whole would have been obvious before the
effective filing date of the claimed invention to a person
having ordinary skill in the art to which the claimed
invention pertains. Patentability shall not be negated by the
manner in which the invention was made.''.
(d) Repeal of Requirements for Inventions Made Abroad.--
Section 104 of title 35, United States Code, and the item
relating to that section in the table of sections for chapter
10 of title 35, United States Code, are repealed.
(e) Repeal of Statutory Invention Registration.--
(1) In general.--Section 157 of title 35, United States
Code, and the item relating to that section in the table of
sections for chapter 14 of title 35, United States Code, are
repealed.
(2) Removal of cross references.--Section 111(b)(8) of
title 35, United States Code, is amended by striking
``sections 115, 131, 135, and 157'' and inserting ``sections
131 and 135''.
(f) Earlier Filing Date for Inventor and Joint Inventor.--
Section 120 of title 35, United States Code, is amended by
striking ``which is filed by an inventor or inventors named''
and inserting ``which names an inventor or joint inventor''.
(g) Conforming Amendments.--
(1) Right of priority.--Section 172 of title 35, United
States Code, is amended by striking ``and the time specified
in section 102(d)''.
(2) Limitation on remedies.--Section 287(c)(4) of title 35,
United States Code, is amended by striking ``the earliest
effective filing date of which is prior to'' and inserting
``which has an effective filing date before''.
(3) International application designating the united
states: effect.--Section 363 of title 35, United States Code,
is amended by striking ``except as otherwise provided in
section 102(e) of this title''.
[[Page 21726]]
(4) Publication of international application: effect.--
Section 374 of title 35, United States Code, is amended by
striking ``sections 102(e) and 154(d)'' and inserting
``section 154(d)''.
(5) Patent issued on international application: effect.--
The second sentence of section 375(a) of title 35, United
States Code, is amended by striking ``Subject to section
102(e) of this title, such'' and inserting ``Such''.
(6) Limit on right of priority.--Section 119(a) of title
35, United States Code, is amended by striking ``; but no
patent shall be granted'' and all that follows through ``one
year prior to such filing''.
(7) Inventions made with federal assistance.--Section
202(c) of title 35, United States Code, is amended--
(A) in paragraph (2)--
(i) by striking ``publication, on sale, or public use,''
and all that follows through ``obtained in the United
States'' and inserting ``the 1-year period referred to in
section 102(a) would end before the end of that 2-year
period''; and
(ii) by striking ``the statutory'' and inserting ``that 1-
year''; and
(B) in paragraph (3), by striking ``any statutory bar date
that may occur under this title due to publication, on sale,
or public use'' and inserting ``the expiration of the 1-year
period referred to in section 102(a)''.
(h) Repeal of Interfering Patent Remedies.--Section 291 of
title 35, United States Code, and the item relating to that
section in the table of sections for chapter 29 of title 35,
United States Code, are repealed.
(i) Action for Claim to Patent on Derived Invention.--
Section 135(a) of title 35, United States Code, is amended to
read as follows:
``(a) Dispute Over Right to Patent.--
``(1) Institution of derivation proceeding.--An applicant
may request initiation of a derivation proceeding to
determine the right of the applicant to a patent by filing a
request which sets forth with particularity the basis for
finding that an earlier applicant derived the claimed
invention from the applicant requesting the proceeding and,
without authorization, filed an application claiming such
invention. Any such request may only be made within 1 year
after the date of first publication of an application or of
the issuance of a patent, whichever is earlier, containing a
claim that is the same or is substantially the same as the
claimed invention, must be made under oath, and must be
supported by substantial evidence. Whenever the Director
determines that patents or applications for patent naming
different individuals as the inventor interfere with one
another because of a dispute over the right to patent under
section 101, the Director shall institute a derivation
proceeding for the purpose of determining which applicant is
entitled to a patent.
``(2) Determination by patent trial and appeal board.--In
any proceeding under this subsection, the Patent Trial and
Appeal Board--
``(A) shall determine the question of the right to patent;
``(B) in appropriate circumstances, may correct the naming
of the inventor in any application or patent at issue; and
``(C) shall issue a final decision on the right to patent.
``(3) Derivation proceeding.--The Board may defer action on
a request to initiate a derivation proceeding until 3 months
after the date on which the Director issues a patent to the
applicant whose application has the earlier effective filing
date of the commonly claimed invention.
``(4) Effect of final decision.--The final decision of the
Patent Trial and Appeal Board, if adverse to the claim of an
applicant, shall constitute the final refusal by the United
States Patent and Trademark Office on the claims involved.
The Director may issue a patent to an applicant who is
determined by the Patent Trial and Appeal Board to have the
right to patent. The final decision of the Board, if adverse
to a patentee, shall, if no appeal or other review of the
decision has been or can be taken or had, constitute
cancellation of the claims involved in the patent, and notice
of such cancellation shall be endorsed on copies of the
patent distributed after such cancellation by the United
States Patent and Trademark Office.''.
(j) Elimination of References to Interferences.--(1)
Sections 6, 41, 134, 141, 145, 146, 154, 305, and 314 of
title 35, United States Code, are each amended by striking
``Board of Patent Appeals and Interferences'' each place it
appears and inserting ``Patent Trial and Appeal Board''.
(2) Sections 141, 146, and 154 of title 35, United States
Code, are each amended--
(A) by striking ``an interference'' each place it appears
and inserting ``a derivation proceeding''; and
(B) by striking ``interference'' each additional place it
appears and inserting ``derivation proceeding''.
(3) The section heading for section 134 of title 35, United
States Code, is amended to read as follows:
``Sec. 134. Appeal to the Patent Trial and Appeal Board''.
(4) The section heading for section 135 of title 35, United
States Code, is amended to read as follows:
``Sec. 135. Derivation proceedings''.
(5) The section heading for section 146 of title 35, United
States Code, is amended to read as follows:
``Sec. 146. Civil action in case of derivation proceeding''.
(6) Section 154(b)(1)(C) of title 35, United States Code,
is amended by striking ``interferences'' and inserting
``derivation proceedings''.
(7) The item relating to section 6 in the table of sections
for chapter 1 of title 35, United States Code, is amended to
read as follows:
``6. Patent Trial and Appeal Board.''.
(8) The items relating to sections 134 and 135 in the table
of sections for chapter 12 of title 35, United States Code,
are amended to read as follows:
``134. Appeal to the Patent Trial and Appeal Board.
``135. Derivation proceedings.''.
(9) The item relating to section 146 in the table of
sections for chapter 13 of title 35, United States Code, is
amended to read as follows:
``146. Civil action in case of derivation proceeding.''.
(10) Certain Appeals.--Section 1295(a)(4)(A) of title 28,
United States Code, is amended to read as follows:
``(A) the Patent Trial and Appeal Board of the United
States Patent and Trademark Office with respect to patent
applications, derivation proceedings, and post-grant review
proceedings, at the instance of an applicant for a patent or
any party to a patent interference (commenced before the
effective date of the Patent Reform Act of 2008), derivation
proceeding, or post-grant review proceeding, and any such
appeal shall waive any right of such applicant or party to
proceed under section 145 or 146 of title 35;''.
SEC. 3. INVENTOR'S OATH OR DECLARATION.
(a) Inventor's Oath or Declaration.--
(1) In general.--Section 115 of title 35, United States
Code, is amended to read as follows:
``Sec. 115. Inventor's oath or declaration
``(a) Naming the Inventor; Inventor's Oath or
Declaration.--An application for patent that is filed under
section 111(a) or that commences the national stage under
section 371 (including an application under section 111 that
is filed by an inventor for an invention for which an
application has previously been filed under this title by
that inventor) shall include, or be amended to include, the
name of the inventor of any claimed invention in the
application. Except as otherwise provided in this section, an
individual who is the inventor or a joint inventor of a
claimed invention in an application for patent shall execute
an oath or declaration in connection with the application.
``(b) Required Statements.--An oath or declaration under
subsection (a) shall contain statements that--
``(1) the application was made or was authorized to be made
by the affiant or declarant; and
``(2) such individual believes himself or herself to be the
original inventor or an original joint inventor of a claimed
invention in the application.
``(c) Additional Requirements.--The Director may specify
additional information relating to the inventor and the
invention that is required to be included in an oath or
declaration under subsection (a).
``(d) Substitute Statement.--
``(1) In general.--In lieu of executing an oath or
declaration under subsection (a), the applicant for patent
may provide a substitute statement under the circumstances
described in paragraph (2) and such additional circumstances
that the Director may specify by regulation.
``(2) Permitted circumstances.--A substitute statement
under paragraph (1) is permitted with respect to any
individual who--
``(A) is unable to file the oath or declaration under
subsection (a) because the individual--
``(i) is deceased;
``(ii) is under legal incapacity; or
``(iii) cannot be found or reached after diligent effort;
or
``(B) is under an obligation to assign the invention but
has refused to make the oath or declaration required under
subsection (a).
``(3) Contents.--A substitute statement under this
subsection shall--
``(A) identify the individual with respect to whom the
statement applies;
``(B) set forth the circumstances representing the
permitted basis for the filing of the substitute statement in
lieu of the oath or declaration under subsection (a); and
``(C) contain any additional information, including any
showing, required by the Director.
``(e) Making Required Statements in Assignment of Record.--
An individual who is under an obligation of assignment of an
application for patent may include the required statements
under subsections (b) and (c) in the assignment executed by
the individual, in lieu of filing such statements separately.
``(f) Time for Filing.--A notice of allowance under section
151 may be provided to an
[[Page 21727]]
applicant for patent only if the applicant for patent has
filed each required oath or declaration under subsection (a)
or has filed a substitute statement under subsection (d) or
recorded an assignment meeting the requirements of subsection
(e).
``(g) Earlier-Filed Application Containing Required
Statements or Substitute Statement.--The requirements under
this section shall not apply to an individual with respect to
an application for patent in which the individual is named as
the inventor or a joint inventor and that claims the benefit
under section 120 or 365(c) of the filing of an earlier-filed
application, if--
``(1) an oath or declaration meeting the requirements of
subsection (a) was executed by the individual and was filed
in connection with the earlier-filed application;
``(2) a substitute statement meeting the requirements of
subsection (d) was filed in the earlier filed application
with respect to the individual; or
``(3) an assignment meeting the requirements of subsection
(e) was executed with respect to the earlier-filed
application by the individual and was recorded in connection
with the earlier-filed application.
``(h) Supplemental and Corrected Statements; Filing
Additional Statements.--
``(1) In general.--Any person making a statement required
under this section may withdraw, replace, or otherwise
correct the statement at any time. If a change is made in the
naming of the inventor requiring the filing of 1 or more
additional statements under this section, the Director shall
establish regulations under which such additional statements
may be filed.
``(2) Supplemental statements not required.--If an
individual has executed an oath or declaration under
subsection (a) or an assignment meeting the requirements of
subsection (e) with respect to an application for patent, the
Director may not thereafter require that individual to make
any additional oath, declaration, or other statement
equivalent to those required by this section in connection
with the application for patent or any patent issuing
thereon.
``(3) Savings clause.--No patent shall be invalid or
unenforceable based upon the failure to comply with a
requirement under this section if the failure is remedied as
provided under paragraph (1).
``(i) Acknowledgment of Penalties.--Any declaration or
statement filed pursuant to this section shall contain an
acknowledgment that any willful false statement made in such
declaration or statement is punishable under section 1001 of
title 18 by fine or imprisonment of not more than 5 years, or
both.''.
(2) Relationship to divisional applications.--Section 121
of title 35, United States Code, is amended by striking ``If
a divisional application'' and all that follows through
``inventor.''.
(3) Requirements for nonprovisional applications.--Section
111(a) of title 35, United States Code, is amended--
(A) in paragraph (2)(C), by striking ``by the applicant''
and inserting ``or declaration'';
(B) in the heading for paragraph (3), by striking ``and
oath''; and
(C) by striking ``and oath'' each place it appears.
(4) Conforming amendment.--The item relating to section 115
in the table of sections for chapter 10 of title 35, United
States Code, is amended to read as follows:
``115. Inventor's oath or declaration.''.
(b) Filing by Other Than Inventor.--Section 118 of title
35, United States Code, is amended to read as follows:
``Sec. 118. Filing by other than inventor
``A person to whom the inventor has assigned or is under an
obligation to assign the invention may make an application
for patent. A person who otherwise shows sufficient
proprietary interest in the matter may make an application
for patent on behalf of and as agent for the inventor on
proof of the pertinent facts and a showing that such action
is appropriate to preserve the rights of the parties. If the
Director grants a patent on an application filed under this
section by a person other than the inventor, the patent shall
be granted to the real party in interest and upon such notice
to the inventor as the Director considers to be
sufficient.''.
(c) Specification.--Section 112 of title 35, United States
Code, is amended--
(1) in the first paragraph--
(A) by striking ``The specification'' and inserting ``(a)
In General.--The specification''; and
(B) by striking ``, and shall set forth'' and all that
follows through ``his invention''; and
(2) in the second paragraph--
(A) by striking ``The specifications'' and inserting ``(b)
Conclusion.--The specifications''; and
(B) by striking ``applicant regards as his invention'' and
inserting ``inventor or a joint inventor regards as the
invention'';
(3) in the third paragraph, by striking ``A claim'' and
inserting ``(c) Form.--A claim'';
(4) in the fourth paragraph, by striking ``Subject to the
following paragraph,'' and inserting ``(d) Reference in
Dependent Forms.--Subject to subsection (e),'';
(5) in the fifth paragraph, by striking ``A claim'' and
inserting ``(e) Reference in Multiple Dependent Form.--A
claim''; and
(6) in the last paragraph, by striking ``An element'' and
inserting ``(f) Element in Claim for a Combination.--An
element''.
SEC. 4. DAMAGES.
(a) Damages.--Section 284 of title 35, United States Code,
is amended to read as follows:
``Sec. 284. Damages
``(a) In General.--
``(1) Compensatory damages.--Upon finding for a claimant,
the court shall award the claimant damages adequate to
compensate for the infringement, but in no event less than a
reasonable royalty for the use made of the invention by the
infringer, together with interest and costs as determined by
the court.
``(2) Increased damages.--When the damages are not found by
a jury, the court shall assess them. In either event the
court may increase the damages up to 3 times the amount found
or assessed. Increased damages under this paragraph shall not
apply to provisional rights under section 154(d) of this
title.
``(3) Limitation.--Subsections (b) through (i) of this
section apply only to the determination of the amount of
reasonable royalty and shall not apply to the determination
of other types of damages.
``(b) Hypothetical Negotiation.--For purposes of this
section, the term `reasonable royalty' means the amount that
the infringer would have agreed to pay and the claimant would
have agreed to accept if the infringer and claimant had
voluntarily negotiated a license for use of the invention at
the time just prior to when the infringement began. The court
or the jury, as the case may be, shall assume that the
infringer and claimant would have agreed that the patent is
valid, enforceable, and infringed.
``(c) Appropriate Factors.--The court or the jury, as the
case may be, may consider any factors that are relevant to
the determination of the amount of a reasonable royalty.
``(d) Standardized Measures.--The amount of a reasonable
royalty shall not be determined by the use of a standard or
average ratio for the division of profits, an industry
average rate for royalties, or other methods that are not
based on the particular benefits or advantages of the use of
the invention, unless the party asserting the propriety of
such a method demonstrates that--
``(1) the use made of the invention is the primary reason
for demand for the infringing product or process;
``(2) the method consists of the use of an established
royalty;
``(3) the method consists of the use of an industry average
range to confirm that an estimate of the amount of a
reasonable royalty that is produced by an independently
allowable method falls within a reasonable range; or
``(4) no other method is reasonably available to determine
the amount of a reasonable royalty and the use of the method
is otherwise appropriate.
``(e) Comparable Patents.--
``(1) In general.--The amount of a reasonable royalty shall
not be determined by comparison to royalties paid for patents
other than the patent in suit unless--
``(A) such other patents are used in the same or an
analogous technological field;
``(B) such other patents are found to be economically
comparable to the patent in suit; and
``(C) evidence of the value of such other patents is
presented in conjunction with or as confirmation of other
evidence for determining the amount of a reasonable royalty.
``(2) Factors.--Factors that may be considered to determine
whether another patent is economically comparable to the
patent in suit under paragraph (1)(A) include whether--
``(A) the other patent is comparable to the patent in suit
in terms of the overall significance of the other patent to
the product or process licensed under such other patent; and
``(B) the product or process that uses the other patent is
comparable to the infringing product or process based upon
its profitability or a like measure of value.
``(f) Financial Condition.--The financial condition of the
infringer as of the time of the trial shall not be relevant
to the determination of the amount of a reasonable royalty.
``(g) Sequencing.--Either party may request that a patent-
infringement trial be sequenced so that the court or the
jury, as the case may be, decides questions of the patent's
infringement and validity before the issue of the amount of a
reasonable royalty is presented to the court or the jury, as
the case may be. The court shall grant such a request absent
good cause to reject the request, such as the absence of
issues of significant damages or infringement and validity.
The sequencing of a trial pursuant to this subsection shall
not affect other matters, such as the timing of discovery.
``(h) Experts.--In addition to the expert disclosure
requirements under rule 26(a)(2) of the Federal Rules of
Civil Procedure, a party that intends to present the
testimony of an expert relating to the amount of a reasonable
royalty shall provide--
``(1) to the other parties to that civil action, the expert
report relating to damages, including all data and other
information considered by the expert in forming the opinions
of the expert; and
[[Page 21728]]
``(2) to the court, at the same time as to the other
parties, the complete statement of all opinions that the
expert will express and the basis and reasons for those
opinions.
``(i) Jury Instructions.--On the motion of any party and
after allowing any other party to the civil action a
reasonable opportunity to be heard, the court shall determine
whether there is no legally sufficient evidence to support 1
or more of the contentions of a party relating to the amount
of a reasonable royalty. The court shall identify for the
record those factors that are supported by legally sufficient
evidence, and shall instruct the jury to consider only those
factors when determining the amount of a reasonable royalty.
The jury may not consider any factor for which legally
sufficient evidence has not been admitted at trial.''.
(b) Testimony by Experts.--Chapter 29 of title 35, United
States Code, as amended by section 11, is further amended by
adding at the end the following:
``Sec. 299A. Testimony by experts
``(a) Federal Rule.--In a patent case, the court shall
ensure that the testimony of a witness qualified as an expert
by knowledge, skill, experience, training, or education meets
the requirements set forth in rule 702 of the Federal Rules
of Evidence.
``(b) Determination of Reliability.--To determine whether
an expert's principles and methods are reliable, the court
may consider, among other factors--
``(1) whether the expert's theory or technique can be or
has been tested;
``(2) whether the theory or technique has been subjected to
peer review and publication;
``(3) the known or potential error rate of the theory or
technique, and the existence and maintenance of standards
controlling the technique's operation;
``(4) the degree of acceptance of the theory or technique
within the relevant scientific or specialized community;
``(5) whether the theory or technique is employed
independently of litigation; or
``(6) whether the expert has adequately considered or
accounted for readily available alternative theories or
techniques.
``(c) Required Explanation.--The court shall explain its
reasons for allowing or barring the introduction of an
expert's proposed testimony under this section.''.
SEC. 5. POST-GRANT REVIEW PROCEEDINGS.
(a) Reexamination.--Section 303(a) of title 35, United
States Code, is amended to read as follows:
``(a) Within 3 months after the owner of a patent files a
request for reexamination under section 302, the Director
shall determine whether a substantial new question of
patentability affecting any claim of the patent concerned is
raised by the request, with or without consideration of other
patents or printed publications. The existence of a
substantial new question of patentability is not precluded by
the fact that a patent or printed publication was previously
cited by or to the Office or considered by the Office.''.
(b) Repeal of Optional Inter Partes Reexamination
Procedures.--
(1) In general.--Sections 311, 312, 313, 314, 315, 316,
317, and 318 of title 35, United States Code, and the items
relating to those sections in the table of sections, are
repealed.
(2) Effective date.--Notwithstanding paragraph (1), the
provisions of sections 311, 312, 313, 314, 315, 316, 317, and
318 of title 35, United States Code, shall continue to apply
to any inter partes reexamination determination request filed
on or before the effective date of subsection (c).
(c) Post-Grant Review Proceedings.--Part III of title 35,
United States Code, is amended by adding at the end the
following:
``CHAPTER 32--POST-GRANT REVIEW PROCEEDINGS
``Sec.
``321. Petition for post-grant review.
``322. Relation to other proceedings or actions.
``323. Requirements of petition.
``324. Publication and public availability of petition.
``325. Consolidation or stay of proceedings.
``326. Submission of additional information.
``327. Institution of post-grant review proceedings.
``328. Determination not appealable.
``329. Conduct of post-grant review proceedings.
``330. Patent owner response.
``331. Proof and evidentiary standards.
``332. Amendment of the patent.
``333. Settlement.
``334. Decision of the board.
``335. Effect of decision.
``336. Appeal.
``Sec. 321. Petition for post-grant review
``(a) In General.--Subject to the provisions of this
chapter, a person who has a substantial economic interest
adverse to a patent may file with the Office a petition to
institute a post-grant review proceeding for that patent. If
instituted, such a proceeding shall be deemed to be either a
first-period proceeding or a second-period proceeding. The
Director shall establish, by regulation, fees to be paid by
the person requesting the proceeding, in such amounts as the
Director determines to be reasonable, considering the
aggregate costs of the post-grant review proceeding and the
status of the petitioner.
``(b) First-Period Proceeding.--
``(1) Scope.--A petitioner in a first-period proceeding may
request to cancel as unpatentable 1 or more claims of a
patent on any ground that could be raised under paragraph (2)
or (3) of section 282(b) (relating to invalidity of the
patent or any claim).
``(2) Filing deadline.--A petition for a first-period
proceeding shall be filed not later than 9 months after the
grant of the patent or issuance of a reissue patent.
``(c) Second-Period Proceeding.--
``(1) Scope.--A petitioner in a second-period proceeding
may request to cancel as unpatentable 1 or more claims of a
patent only on a ground that could be raised under section
102 or 103 and only on the basis of prior art consisting of
patents or printed publications.
``(2) Filing deadline.--A petition for a second-period
proceeding shall be filed after the later of either--
``(A) 9 months after the grant of a patent or issuance of a
reissue of a patent; or
``(B) if a first-period proceeding is instituted under
section 327, the date of the termination of such first-period
proceeding.
``Sec. 322. Relation to other proceedings or actions
``(a) Early Actions.--A first-period proceeding may not be
instituted until after a civil action alleging infringement
of the patent is finally concluded if--
``(1) the infringement action is filed within 3 months
after the grant of the patent;
``(2) a stay of the proceeding is requested by the patent
owner;
``(3) the Director determines that the infringement action
is likely to address the same or substantially the same
questions of patentability that would be addressed in the
proceeding; and
``(4) the Director determines that a stay of the proceeding
would not be contrary to the interests of justice.
``(b) Pending Civil Actions.--
``(1) Infringer's action.--A post-grant review proceeding
may not be instituted or maintained if the petitioner or real
party in interest has filed a civil action challenging the
validity of a claim of the patent.
``(2) Patent owner's action.--A second-period proceeding
may not be instituted if the petition requesting the
proceeding is filed more than 3 months after the date on
which the petitioner, real party in interest, or his privy is
required to respond to a civil action alleging infringement
of the patent.
``(3) Stay or dismissal.--The Director may stay or dismiss
a second-period proceeding if the petitioner or real party in
interest challenges the validity of a claim of the patent in
a civil action.
``(c) Duplicative Proceedings.--A post-grant review or
reexamination proceeding may not be instituted if--
``(1) the petition requesting the proceeding identifies the
same petitioner or real party in interest and the same patent
as a previous petition requesting a post-grant review
proceeding; or
``(2) the petition requests cancellation of a claim in a
reissue patent that is identical to a claim in the original
patent from which the reissue patent was issued, and the time
limitations in section 321 would bar filing a post-grant
review petition for such original patent.
``(d) Estoppel.--The petitioner in any post-grant review
proceeding under this chapter may not request or maintain a
proceeding before the Office with respect to a claim, or
assert either in a civil action arising in whole or in part
under section 1338 of title 28 or in a proceeding before the
International Trade Commission that a claim in a patent is
invalid, on any ground that--
``(1) the petitioner, real party in interest, or his privy
raised during a post-grant review proceeding resulting in a
final decision under section 334; or
``(2) the petitioner, real party in interest, or his privy
could have raised during a second-period proceeding resulting
in a final decision under section 334.
``Sec. 323. Requirements of petition
``A petition filed under section 321 may be considered only
if--
``(1) the petition is accompanied by payment of the fee
established by the Director under section 321;
``(2) the petition identifies all real parties in interest;
``(3) the petition identifies, in writing and with
particularity, each claim challenged, the grounds on which
the challenge to each claim is based, and the evidence that
supports the grounds for each challenged claim, including--
``(A) copies of patents and printed publications that the
petitioner relies upon in support of the petition; and
``(B) affidavits or declarations of supporting evidence and
opinions, if the petitioner relies on other factual evidence
or on expert opinions;
``(4) the petition provides such other information as the
Director may require by regulation; and
``(5) the petitioner provides copies of any of the
documents required under paragraphs (3) and (4) to the patent
owner or, if applicable, the designated representative of the
patent owner.
[[Page 21729]]
``Sec. 324. Publication and public availability of petition
``(a) In General.--As soon as practicable after the receipt
of a petition under section 321, the Director shall--
``(1) publish the petition in the Federal Register; and
``(2) make that petition available on the website of the
United States Patent and Trademark Office.
``(b) Public Availability.--The file of any proceeding
under this chapter shall be made available to the public
except that any petition or document filed with the intent
that it be sealed shall be accompanied by a motion to seal.
Such petition or document shall be treated as sealed, pending
the outcome of the ruling on the motion. Failure to file a
motion to seal will result in the pleadings being placed in
the public record.
``Sec. 325. Consolidation or stay of proceedings
``(a) First-Period Proceedings.--If more than 1 petition
for a first-period proceeding is properly filed against the
same patent and the Director determines that more than 1 of
these petitions warrants the instituting of a first-period
proceeding under section 327, the Director shall consolidate
such proceedings into a single first-period proceeding.
``(b) Second-Period Proceedings.--If the Director
institutes a second-period proceeding, the Director, in his
discretion, may join as a party to that second-period
proceeding any person who properly files a petition under
section 321 that the Director, after receiving a preliminary
response under section 330 or the expiration of the time for
filing such a response, determines warrants the instituting
of a second-period proceeding under section 327.
``(c) Other Proceedings.--Notwithstanding sections 135(a),
251, and 252, and chapter 30, during the pendency of any
post-grant review proceeding the Director may determine the
manner in which any proceeding or matter involving the patent
that is before the Office may proceed, including providing
for stay, transfer, consolidation, or termination of any such
proceeding or matter.
``Sec. 326. Submission of additional information
``A petitioner under this chapter shall file such
additional information with respect to the petition as the
Director may require by regulation.
``Sec. 327. Institution of post-grant review proceedings
``(a) Threshold.--The Director may not authorize a post-
grant review proceeding to commence unless the Director
determines that the information presented in the petition, if
such information is not rebutted, would provide a sufficient
basis to conclude that at least 1 of the claims challenged in
the petition is unpatentable.
``(b) Additional Grounds.--In the case of a petition for a
first-period proceeding, the determination required under
subsection (a) may be satisfied by a showing that the
petition raises a novel or unsettled legal question that is
important to other patents or patent applications.
``(c) Successive Petitions.--The Director may not institute
an additional second-period proceeding if a prior second-
period proceeding has been instituted and the time period
established under section 329(b)(2) for requesting joinder
under section 325(b) has expired, unless the Director
determines that--
``(1) the additional petition satisfies the requirements
under subsection (a); and
``(2) either--
``(A) the additional petition presents exceptional
circumstances; or
``(B) such an additional proceeding is reasonably required
in the interests of justice.
``(d) Timing.--The Director shall determine whether to
institute a post-grant review proceeding under this chapter
within 3 months after receiving a preliminary response under
section 330 or the expiration of the time for filing such a
response.
``(e) Notice.--The Director shall notify the petitioner and
patent owner, in writing, of the Director's determination
under subsection (a). The Director shall publish each notice
of institution of a post-grant review proceeding in the
Federal Register and make such notice available on the
website of the United States Patent and Trademark Office.
Such notice shall list the date on which the proceeding shall
commence.
``Sec. 328. Determination not appealable
``The determination by the Director regarding whether to
institute a post-grant review proceeding under section 327
shall not be appealable.
``Sec. 329. Conduct of post-grant review proceedings
``(a) In General.--The Director shall prescribe
regulations--
``(1) in accordance with section 2(b)(2), establishing and
governing post-grant review proceedings under this chapter
and their relationship to other proceedings under this title;
``(2) for setting forth the standards for showings of
sufficient grounds to institute a proceeding under section
321(a) and subsections (a), (b), and (c) of section 327;
``(3) providing for the publication in the Federal Register
all requests for the institution of post-grant proceedings;
``(4) establishing procedures for the submission of
supplemental information after the petition is filed; and
``(5) setting forth procedures for discovery of relevant
evidence, including that such discovery shall be limited to
evidence directly related to factual assertions advanced by
either party in the proceeding.
``(b) Post-Grant Review Regulations.--The regulations
required under subsection (a)(1) shall--
``(1) require that the final determination in any post-
grant review proceeding be issued not later than 1 year after
the date on which the Director notices the institution of a
post-grant proceeding under this chapter, except that the
Director may, for good cause shown, extend the 1-year period
by not more than 6 months, and may adjust the time periods in
this paragraph in the case of joinder under section 325(b);
``(2) set a time period for requesting joinder under
section 325(b);
``(3) allow for discovery upon order of the Director,
provided that in a second-period proceeding discovery shall
be limited to--
``(A) the deposition of witnesses submitting affidavits or
declarations; and
``(B) what is otherwise necessary in the interest of
justice;
``(4) prescribe sanctions for abuse of discovery, abuse of
process, or any other improper use of the proceeding, such as
to harass or to cause unnecessary delay or unnecessary
increase in the cost of the proceeding;
``(5) provide for protective orders governing the exchange
and submission of confidential information;
``(6) ensure that any information submitted by the patent
owner in support of any amendment entered under section 332
is made available to the public as part of the prosecution
history of the patent; and
``(7) provide either party with the right to an oral
hearing as part of the proceeding.
``(c) Considerations.--In prescribing regulations under
this section, the Director shall consider the effect on the
economy, the integrity of the patent system, and the
efficient administration of the Office.
``(d) Conduct of Proceeding.--The Patent Trial and Appeal
Board shall, in accordance with section 6(b), conduct each
proceeding authorized by the Director.
``Sec. 330. Patent owner response
``(a) Preliminary Response.--If a post-grant review
petition is filed under section 321, the patent owner shall
have the right to file a preliminary response--
``(1) in the case of a first-period proceeding, within 2
months of the expiration of the time for filing a petition
for a first-period proceeding; and
``(2) in the case of a second-period proceeding, within a
time period set by the Director.
``(b) Content of Response.--A preliminary response to a
petition for a post-grant review proceeding shall set forth
reasons why no post-grant review proceeding should be
instituted based upon the failure of the petition to meet any
requirement of this chapter.
``(c) Additional Response.--After a post-grant review
proceeding under this chapter has been instituted with
respect to a patent, the patent owner shall have the right to
file, within a time period set by the Director, a response to
the petition. The patent owner shall file with the response,
through affidavits or declarations, any additional factual
evidence and expert opinions on which the patent owner relies
in support of the response.
``Sec. 331. Proof and evidentiary standards
``(a) In General.--The presumption of validity set forth in
section 282 of this title shall apply in post-grant review
proceedings instituted under this chapter.
``(b) Burden of Proof.--The petitioner shall have the
burden of proving a proposition of invalidity by a
preponderance of the evidence in a first-period proceeding
and by clear and convincing evidence in a second-period
proceeding.
``Sec. 332. Amendment of the patent
``(a) In General.--During a post-grant review proceeding
instituted under this chapter, the patent owner may file 1
motion to amend the patent in 1 or more of the following
ways:
``(1) Cancel any challenged patent claim.
``(2) For each challenged claim, propose a reasonable
number of substitute claims.
``(b) Additional Motions.--Additional motions to amend may
be permitted upon the joint request of the petitioner and the
patent owner to materially advance the settlement of a
proceeding under section 333, or upon the request of the
patent owner for good cause shown.
``(c) Scope of Claims.--An amendment under this section may
not enlarge the scope of the claims of the patent or
introduce new matter.
``Sec. 333. Settlement
``(a) In General.--A post-grant review proceeding
instituted under this chapter shall be terminated with
respect to any petitioner upon the joint request of the
petitioner and the patent owner, unless the Office has
decided the matter before the request for termination is
filed. If the post-grant review proceeding is terminated with
respect to a petitioner under this section, no estoppel under
this chapter shall apply to that petitioner. If no petitioner
remains in the post-
[[Page 21730]]
grant review proceeding, the Office may terminate the post-
grant review proceeding or proceed to a final written
decision under section 334.
``(b) Agreements in Writing.--Any agreement or
understanding between the patent owner and a petitioner,
including any collateral agreements referred to in such
agreement or understanding, made in connection with, or in
contemplation of, the termination of a post-grant review
proceeding under this section shall be in writing and a true
copy of such agreement or understanding shall be filed in the
United States Patent and Trademark Office before the
termination of the post-grant review proceeding as between
the parties to the agreement or understanding. If any party
filing such agreement or understanding so requests, the copy
shall be kept separate from the file of the post-grant review
proceeding, and shall be made available only to Federal
Government agencies upon written request, or to any other
person on a showing of good cause.
``Sec. 334. Decision of the board
``If the post-grant review proceeding is instituted and not
dismissed under this chapter, the Patent Trial and Appeal
Board shall issue a final written decision with respect to
the patentability of any patent claim challenged and any new
claim added under section 332.
``Sec. 335. Effect of decision
``If the Patent Trial and Appeal Board issues a final
decision under section 334 and the time for appeal has
expired or any appeal proceeding has terminated, the Director
shall issue and publish a certificate canceling any claim of
the patent finally determined to be unpatentable and
incorporating in the patent by operation of the certificate
any new claim determined to be patentable.
``Sec. 336. Appeal
``A party dissatisfied with the final determination of the
Patent Trial and Appeal Board in a post-grant review
proceeding instituted under this chapter may appeal the
determination under sections 141 through 144. Any party to
the post-grant review proceeding shall have the right to be a
party to the appeal.''.
(d) Technical and Conforming Amendment.--The table of
chapters for part III of title 35, United States Code, is
amended by adding at the end the following:
``32. Post-Grant Review Proceedings ...321''.
(e) Regulations and Effective Date.--
(1) Regulations.--The Under Secretary of Commerce for
Intellectual Property and the Director of the United States
Patent and Trademark Office (in this subsection referred to
as the ``Director'') shall, not later than the date that is 1
year after the date of the enactment of this Act, issue
regulations to carry out chapter 32 of title 35, United
States Code, as added by subsection (c) of this section.
(2) Applicability.--The amendments made by subsection (c)
shall take effect on the date that is 1 year after the date
of the enactment of this Act and shall apply only to patents
issued on or after that date, except that, in the case of a
patent issued before the effective date of subsection (c) on
an application filed between September 15, 1999 and the
effective date of subsection (c), a petition for second-
period review may be filed.
(3) Pending interferences.--The Director shall determine
the procedures under which interferences commenced before the
effective date under paragraph (2) are to proceed, including
whether any such interference is to be dismissed without
prejudice to the filing of a petition for a post-grant review
proceeding under chapter 32 of title 35, United States Code,
or is to proceed as if this Act had not been enacted. The
Director shall include such procedures in regulations issued
under paragraph (1).
SEC. 6. DEFINITION; PATENT TRIAL AND APPEAL BOARD.
(a) Definition.--Section 100 of title 35, United States
Code, as amended by section 2 of this Act, is further amended
in subsection (e), by striking ``or inter partes
reexamination under section 311''.
(b) Patent Trial and Appeal Board.--Section 6 of title 35,
United States Code, is amended to read as follows:
``Sec. 6. Patent trial and appeal board
``(a) Establishment and Composition.--There shall be in the
Office a Patent Trial and Appeal Board. The Director, the
Deputy Director, the Commissioner for Patents, the
Commissioner for Trademarks, and the administrative patent
judges shall constitute the Patent Trial and Appeal Board.
The administrative patent judges shall be persons of
competent legal knowledge and scientific ability who are
appointed by the Secretary. Any reference in any Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Board of
Patent Appeals and Interferences is deemed to refer to the
Patent Trial and Appeal Board.
``(b) Duties.--The Patent Trial and Appeal Board shall--
``(1) on written appeal of an applicant, review adverse
decisions of examiners upon application for patents;
``(2) on written appeal of a patent owner, review adverse
decisions of examiners upon patents in reexamination
proceedings under chapter 30;
``(3) determine priority and patentability of invention in
derivation proceedings under subsection 135(a); and
``(4) conduct post-grant review proceedings under chapter
32.
Each appeal, derivation, and post-grant review proceeding
shall be heard by at least 3 members of the Patent Trial and
Appeal Board, who shall be designated by the Director. Only
the Patent Trial and Appeal Board may grant rehearings.''.
SEC. 7. SUBMISSIONS BY THIRD PARTIES AND OTHER QUALITY
ENHANCEMENTS.
Section 122 of title 35, United States Code, is amended by
adding at the end the following:
``(e) Preissuance Submissions by Third Parties.--
``(1) In general.--Any person may submit for consideration
and inclusion in the record of a patent application, any
patent, published patent application, or other publication of
potential relevance to the examination of the application, if
such submission is made in writing before the earlier of--
``(A) the date a notice of allowance under section 151 is
mailed in the application for patent; or
``(B) either--
``(i) 6 months after the date on which the application for
patent is published under section 122, or
``(ii) the date of the first rejection under section 132 of
any claim by the examiner during the examination of the
application for patent,
whichever occurs later.
``(2) Other requirements.--Any submission under paragraph
(1) shall--
``(A) set forth a concise description of the asserted
relevance of each submitted document;
``(B) be accompanied by such fee as the Director may
prescribe; and
``(C) include a statement by the person making such
submission affirming that the submission was made in
compliance with this section.''.
SEC. 8. VENUE.
(a) Venue for Patent Cases.--Section 1400 of title 28,
United States Code, is amended by striking subsection (b) and
inserting the following:
``(b) Notwithstanding subsections (b) and (c) of section
1391 of this title, any civil action for patent infringement
or any action for declaratory judgment arising under any Act
of Congress relating to patents may be brought only in a
judicial district--
``(1) where the defendant has its principal place of
business or is incorporated;
``(2) where the defendant has committed acts of
infringement and has a regular and established physical
facility;
``(3) where the defendant has agreed or consented to be
sued;
``(4) where the invention claimed in a patent in suit was
conceived or actually reduced to practice;
``(5) where significant research and development of an
invention claimed in a patent in suit occurred at a regular
and established physical facility;
``(6) where a party has a regular and established physical
facility that such party controls and operates and has--
``(A) engaged in management of significant research and
development of an invention claimed in a patent in suit;
``(B) manufactured a product that embodies an invention
claimed in a patent in suit; or
``(C) implemented a manufacturing process that embodies an
invention claimed in a patent in suit;
``(7) where a nonprofit organization whose function is the
management of inventions on behalf of an institution of
higher education (as that term is defined under section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), including the patent in suit, has its principal
place of business; or
``(8) for foreign defendants that do not meet the
requirements of paragraphs (1) or (2), according to section
1391(d) of this title.''.
(b) Technical Amendments Relating to Venue.--Sections 32,
145, 146, 154(b)(4)(A), and 293 of title 35, United States
Code, and section 1071(b)(4) of an Act entitled ``Act to
provide for the registration and protection of trademarks
used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved
July 5, 1946 (commonly referred to as the ``Trademark Act of
1946'' or the ``Lanham Act'') are each amended by striking
``United States District Court for the District of Columbia''
each place that term appears and inserting ``United States
District Court for the Eastern District of Virginia''.
SEC. 9. PATENT AND TRADEMARK OFFICE REGULATORY AUTHORITY.
(a) Fee Setting.--
(1) In general.--The Director shall have authority to set
or adjust by rule any fee established or charged by the
Office under sections 41 and 376 of title 35, United States
Code or under section 31 of the Trademark Act of 1946 (15
U.S.C. 1113) for the filing or processing of any submission
to, and for all other services performed by or materials
furnished by, the Office, provided that such fee amounts are
set to reasonably compensate the Office for the services
performed.
(2) Reduction of fees in certain fiscal years.--In any
fiscal year, the Director--
[[Page 21731]]
(A) shall consult with the Patent Public Advisory Committee
and the Trademark Public Advisory Committee on the
advisability of reducing any fees described in paragraph (1);
and
(B) after that consultation may reduce such fees.
(3) Role of the public advisory committee.--The Director
shall--
(A) submit to the Patent or Trademark Public Advisory
Committee, or both, as appropriate, any proposed fee under
paragraph (1) not less than 45 days before publishing any
proposed fee in the Federal Register;
(B) provide the relevant advisory committee described in
subparagraph (A) a 30-day period following the submission of
any proposed fee, on which to deliberate, consider, and
comment on such proposal, and require that--
(i) during such 30-day period, the relevant advisory
committee hold a public hearing related to such proposal; and
(ii) the Director shall assist the relevant advisory
committee in carrying out such public hearing, including by
offering the use of Office resources to notify and promote
the hearing to the public and interested stakeholders;
(C) require the relevant advisory committee to make
available to the public a written report detailing the
comments, advice, and recommendations of the committee
regarding any proposed fee;
(D) consider and analyze any comments, advice, or
recommendations received from the relevant advisory committee
before setting or adjusting any fee; and
(E) notify, through the Chair and Ranking Member of the
Senate and House Judiciary Committees, the Congress of any
final decision regarding proposed fees.
(4) Publication in the federal register.--
(A) In general.--Any rules prescribed under this subsection
shall be published in the Federal Register.
(B) Rationale.--Any proposal for a change in fees under
this section shall--
(i) be published in the Federal Register; and
(ii) include, in such publication, the specific rationale
and purpose for the proposal, including the possible
expectations or benefits resulting from the proposed change.
(C) Public comment period.--Following the publication of
any proposed fee in the Federal Register pursuant to
subparagraph (A), the Director shall seek public comment for
a period of not less than 45 days.
(5) Congressional comment period.--Following the
notification described in paragraph (3)(E), Congress shall
have not more than 45 days to consider and comment on any
proposed fee under paragraph (1). No proposed fee shall be
effective prior to the end of such 45-day comment period.
(6) Rule of construction.--No rules prescribed under this
subsection may diminish--
(A) an applicant's rights under this title or the Trademark
Act of 1946; or
(B) any rights under a ratified treaty.
(b) Fees for Patent Services.--Division B of Public Law
108-447 is amended in title VIII of the Departments of
Commerce, Justice and State, the Judiciary, and Related
Agencies Appropriations Act, 2005, in section 801(a) by
striking ``During fiscal years 2005, 2006, and 2007,'', and
inserting ``Until such time as the Director sets or adjusts
the fees otherwise,''.
(c) Adjustment of Trademark Fees.--Division B of Public Law
108-447 is amended in title VIII of the Departments of
Commerce, Justice and State, the Judiciary and Related
Agencies Appropriations Act, 2005, in section 802(a) by
striking ``During fiscal years 2005, 2006, and 2007,'', and
inserting ``Until such time as the Director sets or adjusts
the fees otherwise,''.
(d) Effective Date, Applicability, and Transitional
Provision.--Division B of Public Law 108-447 is amended in
title VIII of the Departments of Commerce, Justice and State,
the Judiciary and Related Agencies Appropriations Act, 2005,
in section 803(a) by striking ``and shall apply only with
respect to the remaining portion of fiscal year 2005 and
fiscal year 2006.''.
(e) Rule of Construction.--Nothing in this section shall be
construed to affect any other provision of Division B of
Public Law 108-447, including section 801(c) of title VII of
the Departments of Commerce, Justice and State, the Judiciary
and Related Agencies Appropriations Act, 2005.
(f) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Patent and Trademark Office.
(2) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(3) Trademark act of 1946.--The term ``Trademark Act of
1946'' means an Act entitled ``Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(15 U.S.C. 1051 et seq.) (commonly referred to as the
Trademark Act of 1946 or the Lanham Act).
SEC. 10. APPLICANT QUALITY SUBMISSIONS.
(a) In General.--Chapter 11 of title 35, United States
Code, is amended by adding at the end the following new
section:
``Sec. 123. Additional information
``(a) Incentives.--The Director may, by regulation, offer
incentives to applicants who submit a search report, a
patentability analysis, or other information relevant to
patentability. Such incentives may include prosecution
flexibility, modifications to requirements for adjustment of
a patent term pursuant to section 154(b) of this title, or
modifications to fees imposed pursuant to section 9 of the
Patent Reform Act of 2008.
``(b) Admissibility of Record.--If the Director certifies
that an applicant has satisfied the requirements of the
regulations issued pursuant to this section with regard to a
patent, the record made in a matter or proceeding before the
Office involving that patent or efforts to obtain the patent
shall not be admissible to construe the patent in a civil
action or in a proceeding before the International Trade
Commission, except that such record may be introduced to
demonstrate that the patent owner is estopped from asserting
that the patent is infringed under the doctrine of
equivalents. The Director may, by regulation, identify any
material submitted in an attempt to satisfy the requirements
of any regulations issued pursuant to this section that also
shall not be admissible to construe the patent in a civil
action or in a proceeding before the International Trade
Commission.''.
(b) Rule of Construction.--Nothing in this section shall be
construed to imply that, prior to the date of enactment of
this section, the Director either lacked or possessed the
authority to offer incentives to applicants who submit a
search report, a patentability analysis, or other information
relevant to patentability.
SEC. 11. INEQUITABLE CONDUCT AND CIVIL SANCTIONS FOR
MISCONDUCT BEFORE THE OFFICE.
(a) In General.--Chapter 29 of title 35, United States
Code, is amended by adding at the end the following new
sections:
``Sec. 298. Inequitable conduct
``(a) In General.--Except as provided under this section or
section 299, a patent shall not be held invalid or
unenforceable based upon misconduct before the Office.
Nothing in this section shall be construed to create a cause
of action or a defense in a civil action.
``(b) Order To Reissue Patent.--
``(1) Finding of the court.--
``(A) In general.--If a court in a civil action, upon
motion of a party to the action, finds that it is more likely
than not that a person who participated in a matter or
proceeding before the Office knowingly and intentionally
deceived the Office by concealing material information or by
submitting false material information in such matter or
proceeding, the court shall order the patent to be made the
subject of a reissue application under section 251. The
motion shall set forth any basis upon which the moving party
contends 1 or more claims of the patent are invalid in view
of information relating to the conduct at issue not
previously considered by the Director. The decision on a
motion filed under this paragraph shall not be subject to
appellate review.
``(B) Material information.--For purposes of this
paragraph, information is material if it is not part of the
record or cumulative to information in the record and either
establishes that a patent claim is not patentable or refutes
a position that the applicant or patent owner took in
response to a rejection of the claim as unpatentable.
``(2) Timing of motion.--A motion described under paragraph
(1) shall be filed promptly after discovery of the conduct at
issue by the moving party.
``(3) Required specificity in court order.--An order issued
by a court under paragraph (1) shall contain findings of fact
setting out with specificity the information relating to the
conduct at issue not previously considered by the Director
and upon which the court based its order. The findings of
fact shall not be used by a court except as provided under
this paragraph.
``(4) Stays.--A court shall not stay a civil action by
reason of commencement of a reissue proceeding that was
authorized to be filed under this section unless--
``(A) the Director in a notification under section 132
makes a rejection of 1 or more claims of the patent;
``(B) an allegation of infringement remains in the civil
action for at least 1 of the claims rejected; and
``(C) the court determines that the interests of justice
require a stay of the action.
``(5) Judgment that patent is unenforceable.--If a patentee
involved in a civil action in which an order under this
subsection is issued does not seek reissue of the patent
within 2 months of such order, the court shall enter judgment
that the patent is unenforceable.
``(c) Permitted Reissue by Patentee.--A patentee may
request reissue of a patent on the basis of information not
previously considered by the Director in connection with a
patent, or the efforts to obtain such patent, by filing an
application for reissue under section 251.
``(d) Required Statement, Amended Claims.--In any
application for reissue of a patent authorized to be filed
under this section, the patentee shall provide a statement
[[Page 21732]]
to the Director containing the information described in
subsections (b) and (c). The reissue application may be filed
with the omission of 1 or more claims of the original patent
and with a single substitute claim of equivalent or narrower
scope replacing any omitted claim of the original patent. For
a reissue application authorized to be filed under subsection
(c), the statement shall identify with specificity the issues
of patentability arising from the information and the basis
upon which the claims in the reissue application are believed
by the applicant to be patentable notwithstanding the
information.
``(e) Conduct of Reissue Proceeding.--
``(1) Initial action.--The Director shall provide at least
1 of the notifications under section 132 or a notice of
allowance under section 151 not later than 3 months after the
filing date of an application for reissue authorized to be
filed under this section.
``(2) Scope of proceeding.--
``(A) In general.--A reissue proceeding authorized to be
filed under this section shall, unless substitute claims are
submitted, address only whether original claims continue to
be patentable after consideration of the additional
information provided by the applicant for reissue pursuant to
subsection (d) in combination with information already of
record in the original patent.
``(B) Issues of patentability.--If the Director determines
during a reissue proceeding authorized to be filed under this
section that 1 or more of the original claims of the patent
cannot be reissued and the time for appeal of such
determination has expired or any appeal proceeding related to
such determination has terminated, the Director shall notify
the patentee of the surrender of the patent in connection
with the termination of the reissue proceeding, subject to
the patentee's right to obtain a reissue for claims the
Director determines to be patentable.
``(3) Duration of proceeding.--For a reissue application
authorized to be filed under subsection (b), a final decision
on all issues of patentability shall be made by the Director
within 1 year from the date of the initial notification under
paragraph (1), subject to the right of the patentee to appeal
under section 134.
``(4) Termination of proceeding.--If the Director
determines that all of the original claims continue to be
patentable, the Director shall terminate the proceeding
without the surrender of the original patent.
``(5) Procedure and appeals.--
``(A) In general.--A reissue application authorized to be
filed under this section may not be abandoned by the
applicant or otherwise terminated without surrender of the
original patent, except as provided under this section, and
shall be conducted as an ex parte matter before the Office.
``(B) Special procedures.--Subject to subsection (d), no
amendments other than an amendment presenting a single
substitute claim of equivalent or narrower scope for each
canceled claim in the first reply to the first action under
section 132 may be made during the examination of a reissue
application authorized to be filed under this section. The
Director may amend pending claims at any time on agreement to
a change proposed by the Director to the applicant. The
Director may refuse to admit any paper filed after a second
notification under section 132.
``(C) Continuing applications barred.--No application shall
be entitled to the benefit of the filing date of an
application authorized to be filed under this section.
``(D) Expanded examination.--The Director may consider
additional information introduced by the Director if
substitute claims are presented.
``(E) Appeal.--An applicant in a reissue application
authorized to be filed by this section dissatisfied with a
decision by the Patent Trial and Appeal Board may appeal only
under the provisions of sections 141 though 144.
``(f) Limitation on Enlarging Scope of Claims.--No patent
may be reissued based upon the filing of a reissue
application authorized to be filed under this section that
enlarges the scope of the claims of the original patent.
``(g) Sanctions.--Except as provided under subsection (h),
if a reissue proceeding authorized under this section
concludes without the surrender of the original patent or
with the grant of 1 or more reissued patents, no further
sanctions may be imposed against the patentee in connection
with the original patent or the reissued patents based upon
misconduct arising from the concealment of information
subsequently provided, or the misrepresentation of
information subsequently corrected in the statement provided
under subsection (d).
``(h) Rule of Construction.--Nothing in this section shall
be construed--
``(1) to preclude the imposition of sanctions based upon
criminal or antitrust laws (including section 1001(a) of
title 18, the first section of the Clayton Act, and section 5
of the Federal Trade Commission Act to the extent that
section relates to unfair methods of competition);
``(2) to limit the authority of the Director to investigate
issues of possible misconduct and impose sanctions for
misconduct in connection with matters or proceedings before
the Office; or
``(3) to limit the authority of the Director to promulgate
regulations under chapter 3 relating to sanctions for
misconduct by representatives practicing before the Office.
``Sec. 299. Civil sanctions for misconduct before the Office
``(a) Information Relating to Possible Misconduct.--The
Director shall provide by regulation procedures for receiving
and reviewing information indicating that parties to a matter
or proceeding before the Office may have engaged in
misconduct in connection with such matter or proceeding.
``(b) Administrative Proceeding.--
``(1) Probable cause.--The Director shall determine, based
on information received and reviewed under subsection (a), if
there is probable cause to believe that 1 or more individuals
or parties engaged in misconduct consisting of intentionally
deceptive conduct of a material nature in connection with a
matter or proceeding before the Office. A determination of
probable cause by the Director under this paragraph shall be
final and shall not be reviewable on appeal or otherwise.
``(2) Determination.--If the Director finds probable cause
under paragraph (1), the Director shall, after notice and an
opportunity for a hearing, and not later than 1 year after
the date of such finding, determine whether misconduct
consisting of intentionally deceptive conduct of a material
nature in connection with the applicable matter or proceeding
before the Office has occurred. The proceeding to determine
whether such misconduct occurred shall be before an
individual designated by the Director.
``(3) Civil sanctions.--
``(A) In general.--If the Director determines under
paragraph (2) that misconduct has occurred, the Director may
levy a civil penalty against the party that committed such
misconduct.
``(B) Factors.--In establishing the amount of any civil
penalty to be levied under subparagraph (A), the Director
shall consider--
``(i) the materiality of the misconduct;
``(ii) the impact of the misconduct on a decision of the
Director regarding a patent, proceeding, or application; and
``(iii) the impact of the misconduct on the integrity of
matters or proceedings before the Office.
``(C) Sanctions.--A civil penalty levied under subparagraph
(A) may consist of--
``(i) a penalty of up to $150,000 for each act of
misconduct;
``(ii) in the case of a finding of a pattern of misconduct,
a penalty of up to $1,000,000; or
``(iii) in the case of a finding of exceptional misconduct
establishing that an application for a patent amounted to a
fraud practiced by or at the behest of a real party in
interest of the application--
``(I) a determination that 1 or more claims of the patent
is unenforceable; or
``(II) a penalty of up to $10,000,000.
``(D) Joint and several liability.--Any party found to have
been responsible for misconduct in connection with any matter
or proceeding before the Office under this section may be
jointly and severally liable for any civil penalty levied
under subparagraph (A).
``(E) Deposit with the treasury.--Any civil penalty levied
under subparagraph (A) shall--
``(i) accrue to the benefit of the United States
Government; and
``(ii) be deposited under `Miscellaneous Receipts' in the
United States Treasury.
``(F) Authority to bring action for recovery of
penalties.--
``(i) In general.--If any party refuses to pay or remit to
the United States Government a civil penalty levied under
this paragraph, the United States may recover such amounts in
a civil action brought by the United States Attorney General
on behalf of the Director in the United States District Court
for the Eastern District of Virginia.
``(ii) Injunctions.--In any action brought under clause
(i), the United States District Court for the Eastern
District of Virginia may, as the court determines
appropriate, issue a mandatory injunction incorporating the
relief sought by the Director.
``(4) Combined proceedings.--If the misconduct that is the
subject of a proceeding under this subsection is attributed
to a practitioner who practices before the Office, the
Director may combine such proceeding with any other
disciplinary proceeding under section 32 of this title.
``(c) Obtaining Evidence.--
``(1) In general.--During the period in which an
investigation for a finding of probable cause or for a
determination of whether misconduct occurred in connection
with any matter or proceeding before the Office is being
conducted, the Director may require, by subpoena issued by
the Director, persons to produce any relevant information,
documents, reports, answers, records, accounts, papers, and
other documentary or testimonial evidence.
``(2) Additional authority.--For the purposes of carrying
out this section, the Director--
``(A) shall have access to, and the right to copy, any
document, paper, or record, the Director determines pertinent
to any investigation or determination under this section, in
the possession of any person;
[[Page 21733]]
``(B) may summon witnesses, take testimony, and administer
oaths;
``(C) may require any person to produce books or papers
relating to any matter pertaining to such investigation or
determination; and
``(D) may require any person to furnish in writing, in such
detail and in such form as the Director may prescribe,
information in their possession pertaining to such
investigation or determination.
``(3) Witnesses and evidence.--
``(A) In general.--The Director may require the attendance
of any witness and the production of any documentary evidence
from any place in the United States at any designated place
of hearing.
``(B) Contumacy.--
``(i) Orders of the court.--In the case of contumacy or
failure to obey a subpoena issued under this subsection, any
appropriate United States district court or territorial court
of the United States may issue an order requiring such
person--
``(I) to appear before the Director;
``(II) to appear at any other designated place to testify;
and
``(III) to produce documentary or other evidence.
``(ii) Failure to obey.--Any failure to obey an order
issued under this subparagraph court may be punished by the
court as a contempt of that court.
``(4) Depositions.--
``(A) In general.--In any proceeding or investigation under
this section, the Director may order a person to give
testimony by deposition.
``(B) Requirements of deposition.--
``(i) Oath.--A deposition may be taken before an individual
designated by the Director and having the power to administer
oaths.
``(ii) Notice.--Before taking a deposition, the Director
shall give reasonable notice in writing to the person ordered
to give testimony by deposition under this paragraph. The
notice shall state the name of the witness and the time and
place of taking the deposition.
``(iii) Written transcript.--The testimony of a person
deposed under this paragraph shall be under oath. The person
taking the deposition shall prepare, or cause to be prepared,
a written transcript of the testimony taken. The transcript
shall be subscribed by the deponent. Each deposition shall be
filed promptly with the Director.
``(d) Appeal.--
``(1) In general.--A party may appeal a determination under
subsection (b)(2) that misconduct occurred in connection with
any matter or proceeding before the Office to the United
States Court of Appeals for the Federal Circuit.
``(2) Notice to uspto.--A party appealing under this
subsection shall file in the Office a written notice of
appeal directed to the Director, within such time after the
date of the determination from which the appeal is taken as
the Director prescribes, but in no case less than 60 days
after such date.
``(3) Required actions of the director.--In any appeal
under this subsection, the Director shall transmit to the
United States Court of Appeals for the Federal Circuit a
certified list of the documents comprising the record in the
determination proceeding. The court may request that the
Director forward the original or certified copies of such
documents during the pendency of the appeal. The court shall,
before hearing the appeal, give notice of the time and place
of the hearing to the Director and the parties in the appeal.
``(4) Authority of the court.--The United States Court of
Appeals for the Federal Circuit shall have power to enter,
upon the pleadings and evidence of record at the time the
determination was made, a judgment affirming, modifying, or
setting aside, in whole or in part, the determination, with
or without remanding the case for a rehearing. The court
shall not set aside or remand the determination made under
subsection (b)(2) unless there is not substantial evidence on
the record to support the findings or the determination is
not in accordance with law. Any sanction levied under
subsection (b)(3) shall not be set aside or remanded by the
court, unless the court determines that such sanction
constitutes an abuse of discretion of the Director.
``(e) Definition.--For purposes of this section, the term
`person' means any individual, partnership, corporation,
company, association, firm, partnership, society, trust,
estate, cooperative, association, or any other entity capable
of suing and being sued in a court of law.''.
(b) Suspension or Exclusion From Practice.--Section 32 of
title 35, United States Code, is amended--
(1) by striking ``The Director may'' and inserting the
following:
``(a) In General.--The Director may''; and
(2) by adding at the end the following:
``(b) Tolling of Time Period.--The time period for
instituting a proceeding under subsection (a), as provided in
section 2462 of title 28, shall not begin to run where fraud,
concealment, or misconduct is involved until the information
regarding fraud, concealment, or misconduct is made known in
the manner set forth by regulation under section 2(b)(2)(D)
to an officer or employee of the United States Patent and
Trademark Office designated by the Director to receive such
information.''.
(c) Effective Date.--
(1) In general.--Except as otherwise provided under
paragraph (2), the amendments made by this section shall take
effect on the date of enactment of this Act.
(2) Inapplicability to pending litigation.--Subsections (a)
and (b) of section 298 of title 35, United States Code (as
added by the amendment made by subsection (a) of this
section), shall apply to any civil action filed on or after
the date of the enactment of this Act.
SEC. 12. AUTHORITY OF THE DIRECTOR OF THE PATENT AND
TRADEMARK OFFICE TO ACCEPT LATE FILINGS.
(a) Authority.--Section 2 of title 35, United States Code,
is amended by adding at the end the following:
``(e) Discretion To Accept Late Filings in Certain Cases of
Unintentional Delay.--
``(1) In general.--The Director may accept any application
or other filing made by--
``(A) an applicant for, or owner of, a patent after the
applicable deadline set forth in this title with respect to
the application or patent; or
``(B) an applicant for, or owner of, a mark after the
applicable deadline under the Trademark Act of 1946 with
respect to the registration or other filing of the mark,
to the extent that the Director considers appropriate, if the
applicant or owner files a petition within 30 days after such
deadline showing, to the satisfaction of the Director, that
the delay was unintentional.
``(2) Treatment of director's actions on petition.--If the
Director has not made a determination on a petition filed
under paragraph (1) within 60 days after the date on which
the petition is filed, the petition shall be deemed to be
denied. A decision by the Director not to exercise, or a
failure to exercise, the discretion provided by this
subsection shall not be subject to judicial review.
``(3) Other provisions not affected.--This subsection shall
not apply to any other provision of this title, or to any
provision of the Trademark Act of 1946, that authorizes the
Director to accept, under certain circumstances, applications
or other filings made after a statutory deadline or to
statutory deadlines that are required by reason of the
obligations of the United States under any treaty.
``(4) Definition.--In this subsection, the term `Trademark
Act of 1946' means the Act entitled `An Act to provide for
the registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes', approved
July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to
as the Trademark Act of 1946 or the Lanham Act).''.
(b) Applicability.--
(1) In general.--The amendment made by subsection (a) shall
apply to any application or other filing that--
(A) is filed on or after the date of the enactment of this
Act; or
(B) on such date of enactment, is pending before the
Director or is subject to judicial review.
(2) Treatment of pending applications and filings.--In the
case of any application or filing described in paragraph
(1)(B), the 30-day period prescribed in section 2(e)(1) of
title 35, United States Code, as added by subsection (a) of
this section, shall be deemed to be the 30-day period
beginning on the date of the enactment of this Act.
(c) Conversion of Day-Based Deadlines Into Month-Based
Deadlines.--
(1) Sections 141, 156(d)(2)(A), 156(d)(2)(B)(ii),
156(d)(5)(C), and 282 of title 35, United States Code, are
each amended by striking ``30 days'' or ``thirty days'' each
place that term appears and inserting ``1 month''.
(2) Sections 135(c), 142, 145, 146, 156(d)(2)(B)(ii),
156(d)(5)(C), and the matter preceding clause (i) of section
156(d)(2)(A) of title 35, United States Code, are each
amended by striking ``60 days'' or ``sixty days'' each place
that term appears and inserting ``2 months''.
(3) The matter preceding subparagraph (A) of section
156(d)(1) and sections 156(d)(2)(B)(ii) and 156(d)(5)(E) of
title 35, United States Code, are each amended by striking
``60-day'' or ``sixty-day'' each place that term appears and
inserting ``2-month''.
(4) Sections 155 and 156(d)(2)(B)(i) of title 35, United
States Code, are each amended by striking ``90 days'' or
``ninety days'' each place that term appears and inserting
``3 months''.
(5) Sections 154(b)(4)(A) and 156(d)(2)(B)(i) of title 35,
United States Code, are each amended by striking ``180 days''
each place that term appears and inserting ``6 months''.
SEC. 13. LIMITATION ON DAMAGES AND OTHER REMEDIES WITH
RESPECT TO PATENTS FOR METHODS IN COMPLIANCE
WITH CHECK IMAGING METHODS.
(a) Limitation.--Section 287 of title 35, United States
Code, is amended by adding at the end the following:
``(d)(1) With respect to the use by a financial institution
of a check collection system that constitutes an infringement
under subsection (a) or (b) of section 271, the provisions of
sections 281, 283, 284, and 285 shall not apply against the
financial institution
[[Page 21734]]
with respect to such a check collection system.
``(2) For the purposes of this subsection--
``(A) the term `check' has the meaning given under section
3(6) of the Check Clearing for the 21st Century Act (12
U.S.C. 5002(6));
``(B) the term `check collection system' means the use,
creation, transmission, receipt, storing, settling, or
archiving of truncated checks, substitute checks, check
images, or electronic check data associated with or related
to any method, system, or process that furthers or
effectuates, in whole or in part, any of the purposes of the
Check Clearing for the 21st Century Act (12 U.S.C. 5001 et
seq.);
``(C) the term `financial institution' has the meaning
given under section 509 of the Gramm-Leach-Bliley Act (15
U.S.C. 6809);
``(D) the term `substitute check' has the meaning given
under section 3(16) of the Check Clearing for the 21st
Century Act (12 U.S.C. 5002(16)); and
``(E) the term `truncate' has the meaning given under
section 3(18) of the Check Clearing for the 21st Century Act
(12 U.S.C. 5002(18)).
``(3) This subsection shall not limit or affect the
enforcement rights of the original owner of a patent where
such original owner--
``(A) is directly engaged in the commercial manufacture and
distribution of machinery or the commercial development of
software; and
``(B) has operated as a subsidiary of a bank holding
company, as such term is defined under section 2(a) of the
Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)), prior
to July 19, 2007.
``(4) A party shall not manipulate its activities, or
conspire with others to manipulate its activities, for
purposes of establishing compliance with the requirements of
this subsection, including, without limitation, by granting
or conveying any rights in the patent, enforcement of the
patent, or the result of any such enforcement.''.
(b) Takings.--If this section is found to establish a
taking of private property for public use without just
compensation, this section shall be null and void. The
exclusive remedy for such a finding shall be invalidation of
this section. In the event of such invalidation, for purposes
of application of the time limitation on damages in section
286 of title 35, United States Code, any action for patent
infringement or counterclaim for infringement that could have
been filed or continued but for this section, shall be
considered to have been filed on the date of enactment of
this Act or continued from such date of enactment.
(c) Effective Date.--The amendment made by subsection (a)
shall apply to any civil action for patent infringement
pending or filed on or after the date of enactment of this
Act.
SEC. 14. PATENT AND TRADEMARK OFFICE FUNDING.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the United States Patent and Trademark Office.
(2) Fund.--The term ``Fund'' means the public enterprise
revolving fund established under subsection (c).
(3) Office.--The term ``Office'' means the United States
Patent and Trademark Office.
(4) Trademark act of 1946.--The term ``Trademark Act of
1946'' means an Act entitled ``Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(15 U.S.C. 1051 et seq.) (commonly referred to as the
``Trademark Act of 1946'' or the ``Lanham Act'').
(5) Undersecretary.--The term ``Undersecretary'' means the
Under Secretary of Commerce for Intellectual Property.
(b) Funding.--
(1) In general.--Section 42 of title 35, United States
Code, is amended--
(A) in subsection (b), by striking ``Patent and Trademark
Office Appropriation Account'' and inserting ``United States
Patent and Trademark Office Public Enterprise Fund''; and
(B) in subsection (c), in the first sentence--
(i) by striking ``To the extent'' and all that follows
through ``fees'' and inserting ``Fees''; and
(ii) by striking ``shall be collected by and shall be
available to the Director'' and inserting ``shall be
collected by the Director and shall be available until
expended''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the later of--
(A) October 1, 2008; or
(B) the date of enactment of this Act.
(c) USPTO Revolving Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a revolving fund to be known as the
``United States Patent and Trademark Office Public Enterprise
Fund''. Any amounts in the Fund shall be available for use by
the Director without fiscal year limitation.
(2) Derivation of resources.--There shall be deposited into
the Fund--
(A) any fees collected under sections 41, 42, and 376 of
title 35, United States Code, provided that notwithstanding
any other provision of law, if such fees are collected by,
and payable to, the Director, the Director shall transfer
such amounts to the Fund; and
(B) any fees collected under section 31 of the Trademark
Act of 1946 (15 U.S.C. 1113).
(3) Expenses.--Amounts deposited into the Fund under
paragraph (2) shall be available, without fiscal year
limitation, to cover--
(A) all expenses to the extent consistent with the
limitation on the use of fees set forth in section 42(c) of
title 35, United States Code, including all administrative
and operating expenses, determined in the discretion of the
Under Secretary to be ordinary and reasonable, incurred by
the Under Secretary and the Director for the continued
operation of all services, programs, activities, and duties
of the Office, as such services, programs, activities, and
duties are described under--
(i) title 35, United States Code; and
(ii) the Trademark Act of 1946; and
(B) all expenses incurred pursuant to any obligation,
representation, or other commitment of the Office.
(4) Custodians of money.--Notwithstanding section 3302 of
title 31, United States Code, any funds received by the
Director and transferred to Fund, or any amounts directly
deposited into the Fund, may be used--
(A) to cover the expenses described in paragraph (3); and
(B) to purchase obligations of the United States, or any
obligations guaranteed by the United States.
(d) Annual Report.--Not later than 60 days after the end of
each fiscal year, the Under Secretary and the Director shall
submit a report to Congress which shall--
(1) summarize the operations of the Office for the
preceding fiscal year, including financial details and staff
levels broken down by each major activity of the Office;
(2) detail the operating plan of the Office, including
specific expense and staff needs for the upcoming fiscal
year;
(3) describe the long term modernization plans of the
Office;
(4) set forth details of any progress towards such
modernization plans made in the previous fiscal year; and
(5) include the results of the most recent audit carried
out under subsection (e).
(e) Annual Spending Plan.--
(1) In general.--Not later than 30 days after the beginning
of each fiscal year, the Director shall notify the Committees
on Appropriations of both Houses of Congress of the plan for
the obligation and expenditure of the total amount of the
funds for that fiscal year in accordance with section 605 of
the Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108; 119 Stat.
2334).
(2) Contents.--Each plan under paragraph (1) shall--
(A) summarize the operations of the Office for the current
fiscal year, including financial details and staff levels
with respect to major activities; and
(B) detail the operating plan of the Office, including
specific expense and staff needs, for the current fiscal
year.
(f) Audit.--The Under Secretary shall, on an annual basis,
provide for an independent audit of the financial statements
of the Office. Such audit shall be conducted in accordance
with generally acceptable accounting procedures.
(g) Budget.--In accordance with section 9103 of title 31,
United States Code, the Fund shall prepare and submit each
year to the President a business-type budget in a way, and
before a date, the President prescribes by regulation for the
budget program.
SEC. 15. TECHNICAL AMENDMENTS.
(a) Joint Inventions.--Section 116 of title 35, United
States Code, is amended--
(1) in the first paragraph, by striking ``When'' and
inserting ``(a) Joint Inventions.--When'';
(2) in the second paragraph, by striking ``If a joint
inventor'' and inserting ``(b) Omitted Inventor.--If a joint
inventor''; and
(3) in the third paragraph--
(A) by striking ``Whenever'' and inserting ``(c) Correction
of Errors in Application.--Whenever''; and
(B) by striking ``and such error arose without any
deceptive intent on his part,''.
(b) Filing of Application in Foreign Country.--Section 184
of title 35, United States Code, is amended--
(1) in the first paragraph--
(A) by striking ``Except when'' and inserting ``(a) Filing
in Foreign Country.--Except when''; and
(B) by striking ``and without deceptive intent'';
(2) in the second paragraph, by striking ``The term'' and
inserting ``(b) Application.--The term''; and
(3) in the third paragraph, by striking ``The scope'' and
inserting ``(c) Subsequent Modifications, Amendments, and
Supplements.--The scope''.
(c) Filing Without a License.--Section 185 of title 35,
United States Code, is amended by striking ``and without
deceptive intent''.
(d) Reissue of Defective Patents.--Section 251 of title 35,
United States Code, is amended--
(1) in the first paragraph--
(A) by striking ``Whenever'' and inserting ``(a) In
General.--Whenever reissue of any
[[Page 21735]]
patent is authorized under section 298 or''; and
(B) by striking ``without deceptive intention'';
(2) in the second paragraph, by striking ``The Director''
and inserting ``(b) Multiple Reissued Patents.--The
Director'';
(3) in the third paragraph, by striking ``The provision''
and inserting ``(c) Applicability of This Title.--The
provisions''; and
(4) in the last paragraph, by striking ``No reissued
patent'' and inserting ``(d) Reissue Patent Enlarging Scope
of Claims.--No reissued patent''.
(e) Effect of Reissue.--Section 253 of title 35, United
States Code, is amended--
(1) in the first paragraph, by striking ``Whenever, without
deceptive intention'' and inserting ``(a) In General.--
Whenever''; and
(2) in the second paragraph, by striking ``in like manner''
and inserting ``(b) Additional Disclaimer or Dedication.--In
the manner set forth in subsection (a),''.
(f) Correction of Named Inventor.--Section 256 of title 35,
United States Code, is amended--
(1) in the first paragraph, by striking ``Whenever'' and
inserting ``(a) Correction.--Whenever''; and
(2) in the second paragraph, by striking ``The error'' and
inserting ``(b) Patent Valid if Error Corrected.--The
error''.
(g) Presumption of Validity.--Section 282 of title 35,
United States Code, is amended--
(1) in the first undesignated paragraph, by striking ``A
patent'' and inserting ``(a) In General.--A patent'';
(2) in the second undesignated paragraph, by striking ``The
following'' and inserting ``(b) Defenses.--The following'';
and
(3) in the third undesignated paragraph, by striking ``In
actions'' and inserting ``(c) Notice of Actions; Actions
During Extension of Patent Term.--In actions''.
(h) Action for Infringement.--Section 288 of title 35,
United States Code, is amended by striking ``, without any
deceptive intention,''.
SEC. 16. EFFECTIVE DATE; RULE OF CONSTRUCTION.
(a) Effective Date.--Except as otherwise provided in this
Act, the provisions of this Act shall take effect 12 months
after the date of the enactment of this Act and shall apply
to any patent issued on or after that effective date.
(b) Special Provisions Relating to Determinations of
Validity and Patentability.--
(1) In general.--The amendments made by section 2 shall
apply to any application for a patent and any patent issued
pursuant to such an application that at any time--
(A) contained a claim to a claimed invention that has an
effective filing date, as such date is defined under section
100(h) of title 35, United States Code, 1 year or more after
the date of the enactment of this Act;
(B) asserted a claim to a right of priority under section
119, 365(a), or 365(b) of title 35, United States Code, to
any application that was filed 1 year or more after the date
of the enactment of this Act; or
(C) made a specific reference under section 120, 121, or
365(c) of title 35, United States Code, to any application to
which the amendments made by section 2 otherwise apply under
this subsection.
(2) Patentability.--For any application for patent and any
patent issued pursuant to such an application to which the
amendments made by section 2 apply, no claim asserted in such
application shall be patentable or valid unless such claim
meets the conditions of patentability specified in section
102(g) of title 35, United States Code, as such conditions
were in effect on the day prior to the date of enactment of
this Act, if the application at any time--
(A) contained a claim to a claimed invention that has an
effective filing date as defined in section 100(h) of title
35, United States Code, earlier than 1 year after the date of
the enactment of this Act;
(B) asserted a claim to a right of priority under section
119, 365(a), or 365(b) of title 35, United States Code, to
any application that was filed earlier than 1 year after the
date of the enactment of this Act; or
(C) made a specific reference under section 120, 121, or
365(c) of title 35, United States Code, with respect to which
the requirements of section 102(g) applied.
(3) Validity of patents.--For the purpose of determining
the validity of a claim in any patent or the patentability of
any claim in a nonprovisional application for patent that is
made before the effective date of the amendments made by
sections 2 and 3, other than in an action brought in a court
before the date of the enactment of this Act--
(A) the provisions of subsections (c), (d), and (f) of
section 102 of title 35, United States Code, that were in
effect on the day prior to the date of enactment of this Act
shall be deemed to be repealed;
(B) the amendments made by section 3 of this Act shall
apply, except that a claim in a patent that is otherwise
valid under the provisions of section 102(f) of title 35,
United States Code, as such provision was in effect on the
day prior to the date of enactment of this Act, shall not be
invalidated by reason of this paragraph; and
(C) the term ``in public use or on sale'' as used in
section 102(b) of title 35, United States Code, as such
section was in effect on the day prior to the date of
enactment of this Act shall be deemed to exclude the use,
sale, or offer for sale of any subject matter that had not
become available to the public.
(4) Continuity of intent under the create act.--The
enactment of section 102(b)(3) of title 35, United States
Code, under section (2)(b) of this Act is done with the same
intent to promote joint research activities that was
expressed, including in the legislative history, through the
enactment of the Cooperative Research and Technology
Enhancement Act of 2004 (Public Law 108-453; the ``CREATE
Act''), the amendments of which are stricken by section 2(c)
of this Act. The United States Patent and Trademark Office
shall administer section 102(b)(3) of title 35, United States
Code, in a manner consistent with the legislative history of
the CREATE Act that was relevant to its administration by the
United States Patent and Trademark Office.
______
By Mr. KYL (for himself and Mr. Leahy):
S. 3601. A bill to authorize funding for the National Crime Victim
Law Institute to provide support for victims of crime under Crime
Victims Legal Assistance Programs as a part of the Victims of Crime Act
of 1984; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3601
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION.
Section 103(b) of the Justice for All Act of 2004 (Public
Law 108-405; 118 Stat. 2264) is amended in paragraphs (1)
through (5) by striking ``2006, 2007, 2008, and 2009'' each
place it appears and inserting ``2010, 2011, 2012, and
2013''.
______
By Mr. KYL:
S. 3602. A bill to authorize funding for the National Crime Victim
Law Institute to provide support for victims of crime under Crime
Victims Legal Assistance Programs as a part of the Victims of Crime Act
of 1984; to the Committee on the Judiciary.
Mr. KYL. Mr. President, I ask unanimous consent that the text of the
bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3602
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REAUTHORIZATION.
Section 103(b) of the Justice for All Act of 2004 (Public
Law 108-405; 118 Stat. 2264) is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) $5,000,000 for each of fiscal years 2010, 2011, 2012,
2013, and 2014 to the Office for Victims of Crime of the
Department of Justice for United States Attorneys Offices for
Victim/Witnesses Assistance Programs only for victim
advocates and their administrative support to provide direct
services to victims of crimes;''; and
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) $500,000 for each of the fiscal years 2010, 2011,
2012, 2013, and 2014 to the Office for Victims of Crime of
the Department of Justice for staff to administer the
appropriation for the support of organizations as designated
under paragraph (4);
``(4) $11,000,000 for each of the fiscal years 2010, 2011,
2012, 2013, and 2014, to the Office for Victims of Crime of
the Department of Justice, for the National Crime Victim Law
Institute to provide legal counsel and support services for
victims in criminal cases for the enforcement of crime
victims' rights in Federal jurisdictions, and in States and
tribal governments that have laws substantially equivalent to
the provisions of chapter 237 of title 18, United States
Code; and''.
______
By Mr. REID (for himself and Mr. Ensign):
S. 3603. A bill to promote conservation and provide sensible
development in Carson City, Nevada, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. REID. Mr. President, I rise today to reintroduce the Carson City
Vital Community Act of 2008 for myself and Senator Ensign. We
originally introduced this bill on July 31, 2008. Since then we have
sought and received important feedback on the legislation. Carson City,
numerous citizens, our federal land agencies, and committee
[[Page 21736]]
staff have all brought important ideas to the table. We are
reintroducing this legislation today so that anyone who has an interest
in this legislation can see how the bill has improved as result of the
input we have received.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3603
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Carson
City Vital Community Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PUBLIC CONVEYANCES
Sec. 101. Conveyances of Federal land and City land.
Sec. 102. Transfer of administrative jurisdiction from the Forest
Service to the Bureau of Land Management.
TITLE II--LAND DISPOSAL
Sec. 201. Disposal of Carson City land.
Sec. 202. Disposition of proceeds.
Sec. 203. Urban interface.
Sec. 204. Availability of funds.
TITLE III--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE,
SKUNK HARBOR CONVEYANCE CORRECTION, FOREST SERVICE AGREEMENT, AND
ARTIFACT COLLECTION
Sec. 301. Transfer of land to be held in trust for Washoe Tribe.
Sec. 302. Correction of Skunk Harbor conveyance.
Sec. 303. Agreement with Forest Service.
Sec. 304. Artifact collection.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) City.--The term ``City'' means Carson City Consolidated
Municipality, Nevada.
(2) Map.--The term ``Map'' means the map entitled ``Carson
City, Nevada Area'', dated September 12, 2008, and on file
and available for public inspection in the appropriate
offices of--
(A) the Bureau of Land Management;
(B) the Forest Service; and
(C) the City.
(3) Secretary.--The term ``Secretary'' means--
(A) with respect to land in the National Forest System, the
Secretary of Agriculture, acting through the Chief of the
Forest Service; and
(B) with respect to other Federal land, the Secretary of
the Interior.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture and the Secretary of the Interior,
acting jointly.
(5) Tribe.--The term ``Tribe'' means the Washoe Tribe of
Nevada and California, which is a federally recognized Indian
tribe.
TITLE I--PUBLIC CONVEYANCES
SEC. 101. CONVEYANCES OF FEDERAL LAND AND CITY LAND.
(a) In General.--Notwithstanding section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712), if
the City offers to convey to the United States title to the
non-Federal land described in subsection (b)(1) that is
acceptable to the Secretary of Agriculture--
(1) the Secretary shall accept the offer; and
(2) not later than 180 days after the date on which the
Secretary receive acceptable title to the non-Federal land
described in subsection (b)(1), the Secretaries shall convey
to the City, subject to valid existing rights and for no
consideration, except as provided in subsection (c)(1), all
right, title, and interest of the United States in and to the
Federal land (other than any easement reserved under
subsection (c)(2)) or interest in land described in
subsection (b)(2).
(b) Description of Land.--
(1) Non-federal land.--The non-Federal land referred to in
subsection (a) is the approximately 2,264 acres of land
administered by the City and identified on the Map as ``To
U.S. Forest Service''.
(2) Federal land.--The Federal land referred to in
subsection (a)(2) is--
(A) the approximately 935 acres of Forest Service land
identified on the Map as ``To Carson City for Natural
Areas'';
(B) the approximately 3,604 acres of Bureau of Land
Management land identified on the Map as ``Silver Saddle
Ranch and Carson River Area'';
(C) the approximately 1,862 acres of Bureau of Land
Management land identified on the Map as ``To Carson City for
Parks and Public Purposes''; and
(D) the approximately 75 acres of City land in which the
Bureau of Land Management has a reversionary interest that is
identified on the Map as ``Reversionary Interest of the
United States Released''.
(c) Conditions.--
(1) Consideration.--Before the conveyance of the 62-acre
Bernhard parcel to the City, the City shall deposit in the
special account established by section 202(b)(1) an amount
equal to 25 percent of the difference between--
(A) the amount for which the Bernhard parcel was purchased
by the City on July 18, 2001; and
(B) the amount for which the Bernhard parcel was purchased
by the Secretary on March 24, 2006.
(2) Conservation easement.--As a condition of the
conveyance of the land described in subsection (b)(2)(B), the
Secretary, in consultation with Carson City and affected
local interests, shall reserve a perpetual conservation
easement to the land to protect, preserve, and enhance the
conservation values of the land, consistent with subsection
(d)(2).
(3) Costs.--Any costs relating to the conveyance under
subsection (a), including any costs for surveys and other
administrative costs, shall be paid by the recipient of the
land being conveyed.
(d) Use of Land.--
(1) Natural areas.--
(A) In general.--Except as provided in subparagraph (B),
the land described in subsection (b)(2)(A) shall be managed
by the City to maintain undeveloped open space and to
preserve the natural characteristics of the land in
perpetuity.
(B) Exception.--Notwithstanding subparagraph (A), the City
may--
(i) conduct projects on the land to reduce fuels;
(ii) construct and maintain trails, trailhead facilities,
and any infrastructure on the land that is required for
municipal water and flood management activities; and
(iii) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act.
(2) Silver saddle ranch and carson river area.--
(A) In general.--Except as provided in subparagraph (B),
the land described in subsection (b)(2)(B) shall--
(i) be managed by the City to protect and enhance the
Carson River, the floodplain and surrounding upland, and
important wildlife habitat; and
(ii) be used for undeveloped open space, passive
recreation, customary agricultural practices, and wildlife
protection.
(B) Exception.--Notwithstanding subparagraph (A), the City
may--
(i) construct and maintain trails and trailhead facilities
on the land;
(ii) conduct projects on the land to reduce fuels;
(iii) maintain or reconstruct any improvements on the land
that are in existence on the date of enactment of this Act;
and
(iv) allow the use of motorized vehicles on designated
roads, trails, and areas in the south end of Prison Hill.
(3) Parks and public purposes.--The land described in
subsection (b)(2)(C) shall be managed by the City for--
(A) undeveloped open space; and
(B) recreation or other public purposes consistent with the
Act of June 14, 1926 (commonly known as the ``Recreation and
Public Purposes Act'') (43 U.S.C. 869 et seq.).
(4) Reversionary interest.--
(A) Release.--The reversionary interest described in
subsection (b)(2)(D) shall terminate on the date of enactment
of this Act.
(B) Conveyance by city.--
(i) In general.--If the City sells, leases, or otherwise
conveys any portion of the land described in subsection
(b)(2)(D), the sale, lease, or conveyance of land shall be--
(I) through a competitive bidding process; and
(II) except as provided in clause (ii), for not less than
fair market value.
(ii) Conveyance to government or nonprofit.--A sale, lease,
or conveyance of land described in subsection (b)(2)(D) to
the Federal Government, a State government, a unit of local
government, or a nonprofit organization shall be for
consideration in an amount equal to the price established by
the Secretary of the Interior under section 2741 of title 43,
Code of Federal Regulation (or successor regulations).
(iii) Disposition of proceeds.--The gross proceeds from the
sale, lease, or conveyance of land under clause (i) shall be
distributed in accordance with section 202(a).
(e) Reversion.--If land conveyed under subsection (a) is
used in a manner that is inconsistent with the uses described
in paragraph (1), (2), (3), or (4) of subsection (d), the
land shall, at the discretion of the Secretary, revert to the
United States.
(f) Miscellaneous Provisions.--
(1) In general.--On conveyance of the non-Federal land
under subsection (a) to the Secretary of Agriculture, the
non-Federal land shall--
(A) become part of the Humboldt-Toiyabe National Forest;
and
(B) be administered in accordance with the laws (including
the regulations) and rules generally applicable to the
National Forest System.
(2) Management plan.--The Secretary of Agriculture, in
consultation with the City and other interested parties, may
develop and implement a management plan for National Forest
System land that ensures the
[[Page 21737]]
protection and stabilization of the National Forest System
land to minimize the impacts of flooding on the City.
(g) Conveyance to Bureau of Land Management.--
(1) In general.--If the City offers to convey to the United
States title to the non-Federal land described in paragraph
(2) that is acceptable to the Secretary of the Interior, the
land shall, at the discretion of the Secretary, be conveyed
to the United States.
(2) Description of land.--The non-Federal land referred to
in paragraph (1) is the approximately 136 acres of land
administered by the City and identified on the Map as ``To
Bureau of Land Management''.
(3) Costs.--Any costs relating to the conveyance under
paragraph (1), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
SEC. 102. TRANSFER OF ADMINISTRATIVE JURISDICTION FROM THE
FOREST SERVICE TO THE BUREAU OF LAND
MANAGEMENT.
(a) In General.--Administrative jurisdiction over the
approximately 50 acres of Forest Service land identified on
the Map as ``Parcel #1'' is transferred, from the Secretary
of Agriculture to the Secretary of the Interior.
(b) Costs.--Any costs relating to the transfer under
subsection (a), including any costs for surveys and other
administrative costs, shall be paid by the Secretary of the
Interior.
(c) Use of Land.--
(1) Right-of-way.--Not later than 120 days after the date
of enactment of this Act, the Secretary of the Interior shall
grant to the City a right-of-way for the maintenance of flood
management facilities located on the land.
(2) Disposal.--The land referred to in subsection (a) shall
be disposed of in accordance with section 201.
(3) Disposition of proceeds.--The gross proceeds from the
disposal of land under paragraph (2) shall be distributed in
accordance with section 202(a).
TITLE II--LAND DISPOSAL
SEC. 201. DISPOSAL OF CARSON CITY LAND.
(a) In General.--Notwithstanding sections 202 and 203 of
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712, 1713), the Secretary of the Interior shall, in
accordance with that Act, this title, and other applicable
law, and subject to valid existing rights, conduct sales of
the Federal land described in subsection (b) to qualified
bidders.
(b) Description of Land.--The Federal land referred to in
subsection (a) is--
(1) the approximately 108 acres of Bureau of Land
Management land identified as ``Lands for Disposal'' on the
Map; and
(2) the approximately 50 acres of land identified as
``Parcel #1'' on the Map.
(c) Compliance With Local Planning and Zoning Laws.--Before
a sale of Federal land under subsection (a), the City shall
submit to the Secretary a certification that qualified
bidders have agreed to comply with--
(1) City zoning ordinances; and
(2) any master plan for the area approved by the City.
(d) Method of Sale; Consideration.--The sale of Federal
land under subsection (a) shall be--
(1) consistent with subsections (d) and (f) of section 203
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1713);
(2) unless otherwise determined by the Secretary, through a
competitive bidding process; and
(3) for not less than fair market value.
(e) Withdrawal.--
(1) In general.--Subject to valid existing rights and
except as provided in paragraph (2), the Federal land
described in subsection (b) is withdrawn from--
(A) all forms of entry and appropriation under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing and geothermal leasing
laws.
(2) Exception.--Paragraph (1)(A) shall not apply to sales
made consistent with this section.
(f) Deadline for Sale.--
(1) In general.--Except as provided in paragraph (2), not
later than 1 year after the date of enactment of this Act, if
there is a qualified bidder for the land described in
paragraphs (1) and (2) of subsection (b), the Secretary of
the Interior shall offer the land for sale to the qualified
bidder.
(2) Postponement; exclusion from sale.--
(A) Request by carson city for postponement or exclusion.--
At the request of the City, the Secretary shall postpone or
exclude from the sale under paragraph (1) all or a portion of
the land described in paragraphs (1) and (2) of subsection
(b).
(B) Indefinite postponement.--Unless specifically requested
by the City, a postponement under subparagraph (A) shall not
be indefinite.
SEC. 202. DISPOSITION OF PROCEEDS.
(a) In General.--Of the proceeds from the sale of land
under sections 101(d)(4)(B) and 201(a)--
(1) 5 percent shall be paid directly to the State for use
in the general education program of the State; and
(2) the remainder shall be deposited in a special account
in the Treasury of the United States, to be known as the
``Carson City Special Account'', and shall be available
without further appropriation to the Secretary until expended
to--
(A) reimburse costs incurred by the Bureau of Land
Management for preparing for the sale of the Federal land
described in section 201(b), including the costs of--
(i) surveys and appraisals; and
(ii) compliance with--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); and
(II) sections 202 and 203 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712, 1713);
(B) reimburse costs incurred by the Bureau of Land
Management and Forest Service for preparing for, and carrying
out, the transfers of land to be held in trust by the United
States under section 301; and
(C) acquire environmentally sensitive land or an interest
in environmentally sensitive land in the City.
(b) Silver Saddle Endowment Account.--
(1) Establishment.--There is established in the Treasury of
the United States a special account, to be known as the
``Silver Saddle Endowment Account'', consisting of such
amounts as are deposited under section 101(c)(1).
(2) Availability of amounts.--Amounts deposited in the
account established by paragraph (1) shall be available to
the Secretary, without further appropriation, for the
oversight and enforcement of the conservation easement
established under section 101(c)(2).
SEC. 203. URBAN INTERFACE.
(a) In General.--Except as otherwise provided in this Act
and subject to valid existing rights, the Federal land
described in subsection (b) is permanently withdrawn from--
(1) all forms of entry and appropriation under the public
land laws and mining laws;
(2) location and patent under the mining laws; and
(3) operation of the mineral laws, geothermal leasing laws,
and mineral material laws.
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 19,747 acres, which
is identified on the Map as ``Urban Interface Withdrawal''.
(c) Incorporation of Acquired Land and Interests.--Any land
or interest in land within the boundaries of the land
described in subsection (b) that is acquired by the United
States after the date of enactment of this Act shall be
withdrawn in accordance with this section.
(d) Off-Highway Vehicle Management.--Until the date on
which the Secretary, in consultation with the State, the
City, and any other interested persons, completes a
transportation plan for Federal land in the City, the use of
motorized and mechanical vehicles on Federal land within the
City shall be limited to roads and trails in existence on the
date of enactment of this Act unless the use of the vehicles
is needed--
(1) for administrative purposes; or
(2) to respond to an emergency.
SEC. 204. AVAILABILITY OF FUNDS.
Section 4(e) of the Southern Nevada Public Land Management
Act of 1998 (Public Law 105-263; 112 Stat. 2346; 116 Stat.
2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is
amended--
(1) in paragraph (3)(A)(iv), by striking ``Clark, Lincoln,
and White Pine Counties and Washoe County (subject to
paragraph 4))'' and inserting ``Clark, Lincoln, and White
Pine Counties and Washoe County (subject to paragraph 4)) and
Carson City (subject to paragraph (5))'';
(2) in paragraph (3)(A)(v), by striking ``Clark, Lincoln,
and White Pine Counties'' and inserting ``Clark, Lincoln, and
White Pine Counties and Carson City (subject to paragraph
(5))'';
(3) in paragraph (4), by striking ``2011'' and inserting
``2015''; and
(4) by adding at the end the following:
``(5) Limitation for carson city.--Carson City shall be
eligible to nominate for expenditure amounts to acquire land
or an interest in land for parks or natural areas and for
conservation initiatives--
``(A) adjacent to the Carson River; or
``(B) within the floodplain of the Carson River.''.
TITLE III--TRANSFER OF LAND TO BE HELD IN TRUST FOR THE WASHOE TRIBE,
SKUNK HARBOR CONVEYANCE CORRECTION, FOREST SERVICE AGREEMENT, AND
ARTIFACT COLLECTION
SEC. 301. TRANSFER OF LAND TO BE HELD IN TRUST FOR WASHOE
TRIBE.
(a) In General.--Subject to valid existing rights, all
right, title, and interest of the United States in and to the
land described in subsection (b)--
(1) shall be held in trust by the United States for the
benefit and use of the Tribe; and
(2) shall be part of the reservation of the Tribe.
(b) Description of Land.--The land referred to in
subsection (a) consists of approximately 293 acres, which is
identified on the Map as ``To Washoe Tribe''.
(c) Survey.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
complete a survey of the boundary lines to establish the
[[Page 21738]]
boundaries of the land taken into trust under subsection (a).
(d) Use of Land.--
(1) Gaming.--Land taken into trust under subsection (a)
shall not be eligible, or considered to have been taken into
trust, for class II gaming or class III gaming (as those
terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
(2) Trust land for ceremonial use and conservation.--With
respect to the use of the land taken into trust under
subsection (a) that is above the 5,200' elevation contour,
the Tribe--
(A) shall limit the use of the land to--
(i) traditional and customary uses; and
(ii) stewardship conservation for the benefit of the Tribe;
and
(B) shall not permit any--
(i) permanent residential or recreational development on
the land; or
(ii) commercial use of the land, including commercial
development or gaming.
(3) Trust land for commercial and residential use.--With
respect to the use of the land taken into trust under
subsection (a), the Tribe shall limit the use of the land
below the 5,200' elevation to--
(A) traditional and customary uses;
(B) stewardship conservation for the benefit of the Tribe;
and
(C)(i) residential or recreational development; or
(ii) commercial use.
(4) Thinning; landscape restoration.--With respect to the
land taken into trust under subsection (a), the Secretary of
Agriculture, in consultation and coordination with the Tribe,
may carry out any thinning and other landscape restoration
activities on the land that is beneficial to the Tribe and
the Forest Service.
SEC. 302. CORRECTION OF SKUNK HARBOR CONVEYANCE.
(a) Purpose.--The purpose of this section is to amend
Public Law 108-67 (117 Stat. 880) to make a technical
correction relating to the land conveyance authorized under
that Act.
(b) Technical Correction.--Section 2 of Public Law 108-67
(117 Stat. 880) is amended--
(1) by striking ``Subject to'' and inserting the following:
``(a) In General.--Subject to'';
(2) in subsection (a) (as designated by paragraph (1)), by
striking ``the parcel'' and all that follows through the
period at the end and inserting the following: ``and to
approximately 23 acres of land identified as `Parcel A' on
the map entitled `Skunk Harbor Conveyance Correction' and
dated September 12, 2008, the western boundary of which is
the low water line of Lake Tahoe at elevation 6,223.0 (Lake
Tahoe Datum).''; and
(3) by adding at the end the following:
``(b) Survey and Legal Description.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary of Agriculture
shall complete a survey and legal description of the boundary
lines to establish the boundaries of the trust land.
``(2) Technical corrections.--The Secretary may correct any
technical errors in the survey or legal description completed
under paragraph (1).
``(c) Public Access and Use.--Nothing in this Act prohibits
any approved general public access (through existing
easements or by boat) to, or use of, land remaining within
the Lake Tahoe Basin Management Unit after the conveyance of
the land to the Secretary of the Interior, in trust for the
Tribe, under subsection (a), including access to, and use of,
the beach and shoreline areas adjacent to the portion of land
conveyed under that subsection.''.
(c) Date of Trust Status.--The trust land described in
section 2(a) of Public Law 108-67 (117 Stat. 880) shall be
considered to be taken into trust as of August 1, 2003.
(d) Transfer.--The Secretary of the Interior, acting on
behalf of and for the benefit of the Tribe, shall transfer to
the Secretary of Agriculture administrative jurisdiction over
the land identified as ``Parcel B'' on the map entitled
``Skunk Harbor Conveyance Correction'' and dated September
12, 2008.
SEC. 303. AGREEMENT WITH FOREST SERVICE.
The Secretary of Agriculture, in consultation with the
Tribe, shall develop and implement a cooperative agreement
that ensures regular access by members of the Tribe and other
people in the community of the Tribe across National Forest
System land from the City to Lake Tahoe for cultural and
religious purposes.
SEC. 304. ARTIFACT COLLECTION.
(a) Notice.--At least 180 days before conducting any ground
disturbing activities on the land identified as ``Parcel #2''
on the Map, the City shall notify the Tribe of the proposed
activities to provide the Tribe with adequate time to
inventory and collect any artifacts in the affected area.
(b) Authorized Activities.--On receipt of notice under
subsection (a), the Tribe may collect and possess any
artifacts relating to the Tribe in the land identified as
``Parcel #2'' on the Map.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 685--DESIGNATING THE LAST WEEK OF SEPTEMBER 2008 AS
``NATIONAL VOTER AWARENESS WEEK''
Mr. BROWN submitted the following resolution; which was referred to
the Committee on the Judiciary:
S. Res. 685
Whereas the Framers of the Constitution established the
United States as a representative democracy, with the
fundamental principle of civic engagement on the part of all
eligible citizens;
Whereas an essential element of an effective democracy is
the ability of each eligible and qualified citizen to be able
to vote in fair and open elections;
Whereas Congress has passed important election laws such as
the Help America Vote Act (HAVA) of 2002, the National Voter
Registration Act of 1993 (NVRA- Motor Voter Act), and the
Voting Rights Act of 1965, dedicated to increasing the
transparency of the election process, strengthening our
voting systems, and protecting the right of all citizens to
vote;
Whereas the 26th amendment of the Constitution requires
that ``the right of citizens of the United States, who are
eighteen years of age or older, to vote shall not be denied
or abridged by the United States or by any State on the
account of age'';
Whereas Minnesota, Maine, New Hampshire, Idaho, Wisconsin,
and Wyoming allow same day registration of voters at the
polls, and also experience the highest voter turnout rates in
the country;
Whereas most States have 30-day voter registration
deadlines, and the public must be informed of their local and
State election laws in September in order to participate
fully in the Federal elections in November;
Whereas experts estimate that more than 20 percent of
voters nationwide will cast their ballots before election day
by mail or at early-voting locations, a proportion of the
electorate that is rising with each election;
Whereas many election officials note that early voting is
convenient for voters, increases turnout, and reduces the
strain on polling places and poll workers on election day;
Whereas, according to the Fair Vote Center for Voting and
Democracy, voter turnout in the United States is lower than
in most other developed nations, with the United States
coming 20th out of 21 in voter turnout among established
democracies; and
Whereas S. 1901, introduced in the 102nd Congress, would
have amended section 6103 of title 5, United States Code, to
establish Democracy Day as a legal public holiday on election
day, in recognition of the need for increased participation
of an educated electorate to preserve the legitimacy of
democracy: Now, therefore, be it
Resolved, That the Senate--
(1) designates the last week of September 2008 as
``National Voter Awareness Week'';
(2) calls upon the people of the United States to observe
such a week with appropriate programs and activities,
including helping State and local institutions deliver sample
ballots, voter registration forms, absentee ballots, and
other educational materials to all eligible voters; and
(3) encourages all grassroots organizations and
educational, cultural, and community institutions to promote
voter awareness and registration programs that befit local
election procedure.
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 5645. Mr. REID (for Mr. Kyl) proposed an amendment to
the bill S. 3296, to extend the authority of the United
States Supreme Court Police to protect court officials off
the Supreme Court Grounds and change the title of the
Administrative Assistant to the Chief Justice.
SA 5646. Mr. REID (for Mr. Biden) proposed an amendment to
the bill H.R. 5057, to reauthorize the Debbie Smith DNA
Backlog Grant Program, and for other purposes.
SA 5647. Mr. NELSON, of Florida (for Mr. Dorgan) proposed
an amendment to the bill H.R. 2786, to reauthorize the
programs for housing assistance for Native Americans.
SA 5648. Mr. NELSON, of Florida (for himself and Mr.
Vitter) proposed an amendment to the bill H.R. 6063, to
authorize the programs of the National Aeronautics and Space
Administration, and for other purposes.
SA 5649. Mr. NELSON, of Florida (for Mr. Levin (for himself
and Mr. Voinovich)) proposed an amendment to the bill H.R.
6460, to amend the Federal Water Pollution Control Act to
provide for the remediation of sediment contamination in
areas of concern, and for other purposes.
SA 5650. Mr. DURBIN (for Mr. Biden (for himself, Mr.
Schumer, Mr. Hatch, Mr. Brown, Mr. Alexander, Mr. Carper, Mr.
Allard, Mr. Casey, Mr. Barrasso, Mr. Dodd, Mr. Brownback,
Mrs. Murray, Mr. Chambliss, Mr. Nelson, of Nebraska, Mr.
[[Page 21739]]
Crapo, Mr. Nelson, of Florida, Mr. Cornyn, Mr. Obama, Mr.
Coburn, Mr. Pryor, Mr. Enzi, Mr. Tester, Mr. Graham, Mr.
Grassley, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Kyl,
Mr. Martinez, Mr. McCain, Mr. Roberts, Mr. Sessions, Mr.
Shelby, Mr. Smith, Mr. Sununu, Mr. Thune, Mr. Vitter, Mr.
McConnell, Mr. Voinovich, Mr. Bennett, Mr. Specter, and Mr.
Reid)) proposed an amendment to the bill S. 1738, to require
the Department of Justice to develop and implement a National
Strategy Child Exploitation Prevention and Interdiction, to
improve the Internet Crimes Against Children Task Force, to
increase resources for regional computer forensic labs, and
to make other improvements to increase the ability of law
enforcement agencies to investigate and prosecute child
predators.
SA 5651. Mr. DURBIN (for Mr. Biden) proposed an amendment
to the bill S. 1738, supra.
SA 5652. Mr. DURBIN (for Mr. Leahy) proposed an amendment
to the bill S. 2982, to amend the Runaway and Homeless Youth
Act to authorize appropriations, and for other purposes.
SA 5653. Mr. DURBIN (for Mr. Leahy (for himself and Mr.
Hatch)) proposed an amendment to the bill H.R. 1777, to amend
the Improving America's Schools Act of 1994 to make permanent
the favorable treatment of need-based educational aid under
the antitrust laws.
____________________
TEXT OF AMENDMENTS
SA 5645. Mr. REID (for Mr. Kyl) proposed an amendment to the bill S.
3296, to extend the authority of the United States Supreme Court Police
to protect court officials off the Supreme Court Grounds and change the
title of the Administrative Assistant to the Chief Justice; as follows:
At the end of the bill, add the following:
SEC. 2. LIMITATION ON ACCEPTANCE OF HONORARY CLUB
MEMBERSHIPS.
(a) Definitions.--In this section:
(1) Gift.--The term ``gift'' has the meaning given under
section 109(5) of the Ethics in Government Act of 1978 (5
U.S.C. App.).
(2) Judicial officer.--The term ``judicial officer'' has
the meaning given under section 109(10) of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(b) Prohibition on Acceptance of Honorary Club
Memberships.--A judicial officer may not accept a gift of an
honorary club membership with a value of more than $50 in any
calendar year.
______
SA 5646. Mr. REID (for Mr. Biden) proposed an amendment to the bill
H.R. 5057, to reauthorize the Debbie Smith DNA Backlog Grant Program,
and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Smith Reauthorization
Act of 2008''.
SEC. 2. GENERAL REAUTHORIZATION.
Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) in subsection (c)(3), by--
(A) striking subparagraphs (A) through (D);
(B) redesignating subparagraph (E) and subparagraph (A);
and
(C) inserting at the end the following:
``(B) For each of the fiscal years 2010 through 2014, not
less than 40 percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).''; and
(2) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--There are
authorized to be appropriated to the Attorney General for
grants under subsection (a) $151,000,000 for each of fiscal
years 2009 through 2014.''.
SEC. 3. TRAINING AND EDUCATION.
Section 303(b) of the DNA Sexual Assault Justice Act of
2004 (42 U.S.C. 14136(b)) is amended by striking ``2005
through 2009'' and inserting ``2009 through 2014''.
SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.
Section 304(c) of the DNA Sexual Assault Justice Act of
2004 (42 U.S.C. 14136a(c)) is amended by striking ``2005
through 2009'' and inserting ``2009 through 2014''.
______
SA 5647. Mr. NELSON of Florida (for Mr. Dorgan) proposed an amendment
to the bill H.R. 2786, to reauthorize the programs for housing
assistance for Native Americans; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Native
American Housing Assistance and Self-Determination
Reauthorization Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Congressional findings.
Sec. 3. Definitions.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
Sec. 101. Block grants.
Sec. 102. Indian housing plans.
Sec. 103. Review of plans.
Sec. 104. Treatment of program income and labor standards.
Sec. 105. Regulations.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
Sec. 201. National objectives and eligible families.
Sec. 202. Eligible affordable housing activities.
Sec. 203. Program requirements.
Sec. 204. Low-income requirement and income targeting.
Sec. 205. Availability of records.
Sec. 206. Self-determined housing activities for tribal communities
program.
TITLE III--ALLOCATION OF GRANT AMOUNTS
Sec. 301. Allocation formula.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
Sec. 401. Remedies for noncompliance.
Sec. 402. Monitoring of compliance.
Sec. 403. Performance reports.
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
Sec. 501. Effect on Home Investment Partnerships Act.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
Sec. 601. Demonstration program for guaranteed loans to finance tribal
community and economic development activities.
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS
Sec. 801. Limitation on use for Cherokee Nation.
Sec. 802. Limitation on use of funds.
Sec. 803. GAO study of effectiveness of NAHASDA for tribes of different
sizes.
SEC. 2. CONGRESSIONAL FINDINGS.
Section 2 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4101) is amended in
paragraphs (6) and (7) by striking ``should'' each place it
appears and inserting ``shall''.
SEC. 3. DEFINITIONS.
Section 4 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4103) is amended--
(1) by striking paragraph (22);
(2) by redesignating paragraphs (8) through (21) as
paragraphs (9) through (22), respectively; and
(3) by inserting after paragraph (7) the following:
``(8) Housing related community development.--
``(A) In general.--The term `housing related community
development' means any facility, community building,
business, activity, or infrastructure that--
``(i) is owned by an Indian tribe or a tribally designated
housing entity;
``(ii) is necessary to the provision of housing in an
Indian area; and
``(iii)(I) would help an Indian tribe or tribally
designated housing entity to reduce the cost of construction
of Indian housing;
``(II) would make housing more affordable, accessible, or
practicable in an Indian area; or
``(III) would otherwise advance the purposes of this Act.
``(B) Exclusion.--The term `housing and community
development' does not include any activity conducted by any
Indian tribe under the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).''.
TITLE I--BLOCK GRANTS AND GRANT REQUIREMENTS
SEC. 101. BLOCK GRANTS.
Section 101 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4111) is amended--
(1) in subsection (a)--
(A) in the first sentence--
(i) by striking ``For each'' and inserting the following:
``(1) In general.--For each'';
(ii) by striking ``tribes to carry out affordable housing
activities.'' and inserting the following: ``tribes--
``(A) to carry out affordable housing activities under
subtitle A of title II; and''; and
(iii) by adding at the end the following:
``(B) to carry out self-determined housing activities for
tribal communities programs under subtitle B of that
title.''; and
(B) in the second sentence, by striking ``Under'' and
inserting the following:
``(2) Provision of amounts.--Under'';
(2) in subsection (g), by inserting ``of this section and
subtitle B of title II'' after ``subsection (h)''; and
(3) by adding at the end the following:
``(j) Federal Supply Sources.--For purposes of section 501
of title 40, United States Code, on election by the
applicable Indian tribe--
``(1) each Indian tribe or tribally designated housing
entity shall be considered to be an Executive agency in
carrying out any program, service, or other activity under
this Act; and
[[Page 21740]]
``(2) each Indian tribe or tribally designated housing
entity and each employee of the Indian tribe or tribally
designated housing entity shall have access to sources of
supply on the same basis as employees of an Executive agency.
``(k) Tribal Preference in Employment and Contracting.--
Notwithstanding any other provision of law, with respect to
any grant (or portion of a grant) made on behalf of an Indian
tribe under this Act that is intended to benefit 1 Indian
tribe, the tribal employment and contract preference laws
(including regulations and tribal ordinances) adopted by the
Indian tribe that receives the benefit shall apply with
respect to the administration of the grant (or portion of a
grant).''.
SEC. 102. INDIAN HOUSING PLANS.
Section 102 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4112) is amended--
(1) in subsection (a)(1)--
(A) by striking ``(1)(A) for'' and all that follows through
the end of subparagraph (A) and inserting the following:
``(1)(A) for an Indian tribe to submit to the Secretary, by
not later than 75 days before the beginning of each tribal
program year, a 1-year housing plan for the Indian tribe;
or''; and
(B) in subparagraph (B), by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(2) by striking subsections (b) and (c) and inserting the
following:
``(b) 1-Year Plan Requirement.--
``(1) In general.--A housing plan of an Indian tribe under
this section shall--
``(A) be in such form as the Secretary may prescribe; and
``(B) contain the information described in paragraph (2).
``(2) Required information.--A housing plan shall include
the following information with respect to the tribal program
year for which assistance under this Act is made available:
``(A) Description of planned activities.--A statement of
planned activities, including--
``(i) the types of household to receive assistance;
``(ii) the types and levels of assistance to be provided;
``(iii) the number of units planned to be produced;
``(iv)(I) a description of any housing to be demolished or
disposed of;
``(II) a timetable for the demolition or disposition; and
``(III) any other information required by the Secretary
with respect to the demolition or disposition;
``(v) a description of the manner in which the recipient
will protect and maintain the viability of housing owned and
operated by the recipient that was developed under a contract
between the Secretary and an Indian housing authority
pursuant to the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.); and
``(vi) outcomes anticipated to be achieved by the
recipient.
``(B) Statement of needs.--A statement of the housing needs
of the low-income Indian families residing in the
jurisdiction of the Indian tribe, and the means by which
those needs will be addressed during the applicable period,
including--
``(i) a description of the estimated housing needs and the
need for assistance for the low-income Indian families in the
jurisdiction, including a description of the manner in which
the geographical distribution of assistance is consistent
with the geographical needs and needs for various categories
of housing assistance; and
``(ii) a description of the estimated housing needs for all
Indian families in the jurisdiction.
``(C) Financial resources.--An operating budget for the
recipient, in such form as the Secretary may prescribe, that
includes--
``(i) an identification and description of the financial
resources reasonably available to the recipient to carry out
the purposes of this Act, including an explanation of the
manner in which amounts made available will leverage
additional resources; and
``(ii) the uses to which those resources will be committed,
including eligible and required affordable housing activities
under title II and administrative expenses.
``(D) Certification of compliance.--Evidence of compliance
with the requirements of this Act, including, as
appropriate--
``(i) a certification that, in carrying out this Act, the
recipient will comply with the applicable provisions of title
II of the Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.)
and other applicable Federal laws and regulations;
``(ii) a certification that the recipient will maintain
adequate insurance coverage for housing units that are owned
and operated or assisted with grant amounts provided under
this Act, in compliance with such requirements as the
Secretary may establish;
``(iii) a certification that policies are in effect and are
available for review by the Secretary and the public
governing the eligibility, admission, and occupancy of
families for housing assisted with grant amounts provided
under this Act;
``(iv) a certification that policies are in effect and are
available for review by the Secretary and the public
governing rents and homebuyer payments charged, including the
methods by which the rents or homebuyer payments are
determined, for housing assisted with grant amounts provided
under this Act;
``(v) a certification that policies are in effect and are
available for review by the Secretary and the public
governing the management and maintenance of housing assisted
with grant amounts provided under this Act; and
``(vi) a certification that the recipient will comply with
section 104(b).'';
(3) by redesignating subsections (d) through (f) as
subsections (c) through (e), respectively; and
(4) in subsection (d) (as redesignated by paragraph (3)),
by striking ``subsection (d)'' and inserting ``subsection
(c)''.
SEC. 103. REVIEW OF PLANS.
Section 103 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4113) is amended--
(1) in subsection (d)--
(A) in the first sentence--
(i) by striking ``fiscal'' each place it appears and
inserting ``tribal program''; and
(ii) by striking ``(with respect to'' and all that follows
through ``section 102(c))''; and
(B) by striking the second sentence; and
(2) by striking subsection (e) and inserting the following:
``(e) Self-Determined Activities Program.--Notwithstanding
any other provision of this section, the Secretary--
``(1) shall review the information included in an Indian
housing plan pursuant to subsections (b)(4) and (c)(7) only
to determine whether the information is included for purposes
of compliance with the requirement under section 232(b)(2);
and
``(2) may not approve or disapprove an Indian housing plan
based on the content of the particular benefits, activities,
or results included pursuant to subsections (b)(4) and
(c)(7).''.
SEC. 104. TREATMENT OF PROGRAM INCOME AND LABOR STANDARDS.
Section 104(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4114(a)) is
amended by adding at the end the following:
``(4) Exclusion from program income of regular developer's
fees for low-income housing tax credit projects.--
Notwithstanding any other provision of this Act, any income
derived from a regular and customary developer's fee for any
project that receives a low-income housing tax credit under
section 42 of the Internal Revenue Code of 1986, and that is
initially funded using a grant provided under this Act, shall
not be considered to be program income if the developer's fee
is approved by the State housing credit agency.''.
SEC. 105. REGULATIONS.
Section 106(b)(2) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4116(b)(2)) is
amended--
(1) in subparagraph (B)(i), by striking ``The Secretary''
and inserting ``Not later than 180 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 and any other Act
to reauthorize this Act, the Secretary''; and
(2) by adding at the end the following:
``(C) Subsequent negotiated rulemaking.--The Secretary
shall--
``(i) initiate a negotiated rulemaking in accordance with
this section by not later than 90 days after the date of
enactment of the Native American Housing Assistance and Self-
Determination Reauthorization Act of 2008 and any other Act
to reauthorize this Act; and
``(ii) promulgate regulations pursuant to this section by
not later than 2 years after the date of enactment of the
Native American Housing Assistance and Self-Determination
Reauthorization Act of 2008 and any other Act to reauthorize
this Act.
``(D) Review.--Not less frequently than once every 7 years,
the Secretary, in consultation with Indian tribes, shall
review the regulations promulgated pursuant to this section
in effect on the date on which the review is conducted.''.
TITLE II--AFFORDABLE HOUSING ACTIVITIES
SEC. 201. NATIONAL OBJECTIVES AND ELIGIBLE FAMILIES.
Section 201(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4131(b)) is
amended--
(1) in paragraph (1), by inserting ``and except with
respect to loan guarantees under the demonstration program
under title VI,'' after ``paragraphs (2) and (4),'';
(2) in paragraph (2)--
(A) by striking the first sentence and inserting the
following:
``(A) Exception to requirement.--Notwithstanding paragraph
(1), a recipient may provide housing or housing assistance
through affordable housing activities for which a grant is
provided under this Act to any family that is not a low-
income family, to the extent that the Secretary approves the
activities due to a need for housing for those families that
cannot reasonably be met without that assistance.''; and
(B) in the second sentence, by striking ``The Secretary''
and inserting the following:
``(B) Limits.--The Secretary'';
[[Page 21741]]
(3) in paragraph (3)--
(A) in the paragraph heading, by striking ``Non-indian''
and inserting ``Essential''; and
(B) by striking ``non-Indian family'' and inserting
``family''; and
(4) in paragraph (4)(A)(i), by inserting ``or other unit of
local government,'' after ``county,''.
SEC. 202. ELIGIBLE AFFORDABLE HOUSING ACTIVITIES.
Section 202 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4132) is amended--
(1) in the matter preceding paragraph (1), by striking ``to
develop or to support'' and inserting ``to develop, operate,
maintain, or support'';
(2) in paragraph (2)--
(A) by striking ``development of utilities'' and inserting
``development and rehabilitation of utilities, necessary
infrastructure,''; and
(B) by inserting ``mold remediation,'' after ``energy
efficiency,'';
(3) in paragraph (4), by inserting ``the costs of operation
and maintenance of units developed with funds provided under
this Act,'' after ``rental assistance,''; and
(4) by adding at the end the following:
``(9) Reserve accounts.--
``(A) In general.--Subject to subparagraph (B), the deposit
of amounts, including grant amounts under section 101, in a
reserve account established for an Indian tribe only for the
purpose of accumulating amounts for administration and
planning relating to affordable housing activities under this
section, in accordance with the Indian housing plan of the
Indian tribe.
``(B) Maximum amount.--A reserve account established under
subparagraph (A) shall consist of not more than an amount
equal to \1/4\ of the 5-year average of the annual amount
used by a recipient for administration and planning under
paragraph (2).''.
SEC. 203. PROGRAM REQUIREMENTS.
Section 203 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4133) is amended by
adding at the end the following:
``(f) Use of Grant Amounts Over Extended Periods.--
``(1) In general.--To the extent that the Indian housing
plan for an Indian tribe provides for the use of amounts of a
grant under section 101 for a period of more than 1 fiscal
year, or for affordable housing activities for which the
amounts will be committed for use or expended during a
subsequent fiscal year, the Secretary shall not require those
amounts to be used or committed for use at any time earlier
than otherwise provided for in the Indian housing plan.
``(2) Carryover.--Any amount of a grant provided to an
Indian tribe under section 101 for a fiscal year that is not
used by the Indian tribe during that fiscal year may be used
by the Indian tribe during any subsequent fiscal year.
``(g) De Minimis Exemption for Procurement of Goods and
Services.--Notwithstanding any other provision of law, a
recipient shall not be required to act in accordance with any
otherwise applicable competitive procurement rule or
procedure with respect to the procurement, using a grant
provided under this Act, of goods and services the value of
which is less than $5,000.''.
SEC. 204. LOW-INCOME REQUIREMENT AND INCOME TARGETING.
Section 205 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4135) is amended by
adding at the end the following:
``(c) Applicability.--The provisions of paragraph (2) of
subsection (a) regarding binding commitments for the
remaining useful life of property shall not apply to a family
or household member who subsequently takes ownership of a
homeownership unit.''.
SEC. 205. AVAILABILITY OF RECORDS.
Section 208(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4138(a)) is
amended by inserting ``applicants for employment, and of''
after ``records of''.
SEC. 206. SELF-DETERMINED HOUSING ACTIVITIES FOR TRIBAL
COMMUNITIES PROGRAM.
(a) Establishment of Program.--Title II of the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4131 et seq.) is amended--
(1) by inserting after the title designation and heading
the following:
``Subtitle A--General Block Grant Program'';
and
(2) by adding at the end the following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``SEC. 231. PURPOSE.
``The purpose of this subtitle is to establish a program
for self-determined housing activities for the tribal
communities to provide Indian tribes with the flexibility to
use a portion of the grant amounts under section 101 for the
Indian tribe in manners that are wholly self-determined by
the Indian tribe for housing activities involving
construction, acquisition, rehabilitation, or infrastructure
relating to housing activities or housing that will benefit
the community served by the Indian tribe.
``SEC. 232. PROGRAM AUTHORITY.
``(a) Definition of Qualifying Indian Tribe.--In this
section, the term `qualifying Indian tribe' means, with
respect to a fiscal year, an Indian tribe or tribally
designated housing entity--
``(1) to or on behalf of which a grant is made under
section 101;
``(2) that has complied with the requirements of section
102(b)(6); and
``(3) that, during the preceding 3-fiscal-year period, has
no unresolved significant and material audit findings or
exceptions, as demonstrated in--
``(A) the annual audits of that period completed under
chapter 75 of title 31, United States Code (commonly known as
the `Single Audit Act'); or
``(B) an independent financial audit prepared in accordance
with generally accepted auditing principles.
``(b) Authority.--Under the program under this subtitle,
for each of fiscal years 2009 through 2013, the recipient for
each qualifying Indian tribe may use the amounts specified in
subsection (c) in accordance with this subtitle.
``(c) Amounts.--With respect to a fiscal year and a
recipient, the amounts referred to in subsection (b) are
amounts from any grant provided under section 101 to the
recipient for the fiscal year, as determined by the
recipient, but in no case exceeding the lesser of--
``(1) an amount equal to 20 percent of the total grant
amount for the recipient for that fiscal year; and
``(2) $2,000,000.
``SEC. 233. USE OF AMOUNTS FOR HOUSING ACTIVITIES.
``(a) Eligible Housing Activities.--Any amounts made
available for use under this subtitle by a recipient for an
Indian tribe shall be used only for housing activities, as
selected at the discretion of the recipient and described in
the Indian housing plan for the Indian tribe pursuant to
section 102(b)(6), for the construction, acquisition, or
rehabilitation of housing or infrastructure in accordance
with section 202 to provide a benefit to families described
in section 201(b)(1).
``(b) Prohibition on Certain Activities.--Amounts made
available for use under this subtitle may not be used for
commercial or economic development.
``SEC. 234. INAPPLICABILITY OF OTHER PROVISIONS.
``(a) In General.--Except as otherwise specifically
provided in this Act, title I, subtitle A of title II, and
titles III through VIII shall not apply to--
``(1) the program under this subtitle; or
``(2) amounts made available in accordance with this
subtitle.
``(b) Applicable Provisions.--The following provisions of
titles I through VIII shall apply to the program under this
subtitle and amounts made available in accordance with this
subtitle:
``(1) Section 101(c) (relating to local cooperation
agreements).
``(2) Subsections (d) and (e) of section 101 (relating to
tax exemption).
``(3) Section 101(j) (relating to Federal supply sources).
``(4) Section 101(k) (relating to tribal preference in
employment and contracting).
``(5) Section 102(b)(4) (relating to certification of
compliance).
``(6) Section 104 (relating to treatment of program income
and labor standards).
``(7) Section 105 (relating to environmental review).
``(8) Section 201(b) (relating to eligible families).
``(9) Section 203(c) (relating to insurance coverage).
``(10) Section 203(g) (relating to a de minimis exemption
for procurement of goods and services).
``(11) Section 206 (relating to treatment of funds).
``(12) Section 209 (relating to noncompliance with
affordable housing requirement).
``(13) Section 401 (relating to remedies for
noncompliance).
``(14) Section 408 (relating to public availability of
information).
``(15) Section 702 (relating to 50-year leasehold interests
in trust or restricted lands for housing purposes).
``SEC. 235. REVIEW AND REPORT.
``(a) Review.--During calendar year 2011, the Secretary
shall conduct a review of the results achieved by the program
under this subtitle to determine--
``(1) the housing constructed, acquired, or rehabilitated
under the program;
``(2) the effects of the housing described in paragraph (1)
on costs to low-income families of affordable housing;
``(3) the effectiveness of each recipient in achieving the
results intended to be achieved, as described in the Indian
housing plan for the Indian tribe; and
``(4) the need for, and effectiveness of, extending the
duration of the program and increasing the amount of grants
under section 101 that may be used under the program.
``(b) Report.--Not later than December 31, 2011, the
Secretary shall submit to Congress a report describing the
information obtained pursuant to the review under subsection
(a) (including any conclusions and recommendations of the
Secretary with respect to the program under this subtitle),
including--
``(1) recommendations regarding extension of the program
for subsequent fiscal years
[[Page 21742]]
and increasing the amounts under section 232(c) that may be
used under the program; and
``(2) recommendations for--
``(A)(i) specific Indian tribes or recipients that should
be prohibited from participating in the program for failure
to achieve results; and
``(ii) the period for which such a prohibition should
remain in effect; or
``(B) standards and procedures by which Indian tribes or
recipients may be prohibited from participating in the
program for failure to achieve results.
``(c) Provision of Information to Secretary.--
Notwithstanding any other provision of this Act, recipients
participating in the program under this subtitle shall
provide such information to the Secretary as the Secretary
may request, in sufficient detail and in a timely manner
sufficient to ensure that the review and report required by
this section is accomplished in a timely manner.''.
(b) Technical Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended--
(1) by inserting after the item for title II the following:
``Subtitle A--General Block Grant Program'';
(2) by inserting after the item for section 205 the
following:
``Sec. 206. Treatment of funds.'';
and
(3) by inserting before the item for title III the
following:
``Subtitle B--Self-Determined Housing Activities for Tribal Communities
``Sec. 231. Purposes.
``Sec. 232. Program authority.
``Sec. 233. Use of amounts for housing activities.
``Sec. 234. Inapplicability of other provisions.
``Sec. 235. Review and report.''.
TITLE III--ALLOCATION OF GRANT AMOUNTS
SEC. 301. ALLOCATION FORMULA.
Section 302 of the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. 4152) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(B) by adding at the end the following:
``(2) Study of need data.--
``(A) In general.--The Secretary shall enter into a
contract with an organization with expertise in housing and
other demographic data collection methodologies under which
the organization, in consultation with Indian tribes and
Indian organizations, shall--
``(i) assess existing data sources, including alternatives
to the decennial census, for use in evaluating the factors
for determination of need described in subsection (b); and
``(ii) develop and recommend methodologies for collecting
data on any of those factors, including formula area, in any
case in which existing data is determined to be insufficient
or inadequate, or fails to satisfy the requirements of this
Act.
``(B) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section, to remain available until
expended.''; and
(2) in subsection (b), by striking paragraph (1) and
inserting the following:
``(1)(A) The number of low-income housing dwelling units
developed under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), pursuant to a contract between an
Indian housing authority for the tribe and the Secretary,
that are owned or operated by a recipient on the October 1 of
the calendar year immediately preceding the year for which
funds are provided, subject to the condition that such a unit
shall not be considered to be a low-income housing dwelling
unit for purposes of this section if--
``(i) the recipient ceases to possess the legal right to
own, operate, or maintain the unit; or
``(ii) the unit is lost to the recipient by conveyance,
demolition, or other means.
``(B) If the unit is a homeownership unit not conveyed
within 25 years from the date of full availability, the
recipient shall not be considered to have lost the legal
right to own, operate, or maintain the unit if the unit has
not been conveyed to the homebuyer for reasons beyond the
control of the recipient.
``(C) If the unit is demolished and the recipient rebuilds
the unit within 1 year of demolition of the unit, the unit
may continue to be considered a low-income housing dwelling
unit for the purpose of this paragraph.
``(D) In this paragraph, the term `reasons beyond the
control of the recipient' means, after making reasonable
efforts, there remain--
``(i) delays in obtaining or the absence of title status
reports;
``(ii) incorrect or inadequate legal descriptions or other
legal documentation necessary for conveyance;
``(iii) clouds on title due to probate or intestacy or
other court proceedings; or
``(iv) any other legal impediment.
``(E) Subparagraphs (A) through (D) shall not apply to any
claim arising from a formula current assisted stock
calculation or count involving an Indian housing block grant
allocation for any fiscal year through fiscal year 2008, if a
civil action relating to the claim is filed by not later than
45 days after the date of enactment of this subparagraph.''.
TITLE IV--COMPLIANCE, AUDITS, AND REPORTS
SEC. 401. REMEDIES FOR NONCOMPLIANCE.
Section 401(a) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4161(a)) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) Substantial noncompliance.--The failure of a
recipient to comply with the requirements of section
302(b)(1) regarding the reporting of low-income dwelling
units shall not, in itself, be considered to be substantial
noncompliance for purposes of this title.''.
SEC. 402. MONITORING OF COMPLIANCE.
Section 403(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4163(b)) is
amended in the second sentence by inserting ``an appropriate
level of'' after ``shall include''.
SEC. 403. PERFORMANCE REPORTS.
Section 404(b) of the Native American Housing Assistance
and Self-Determination Act of 1996 (25 U.S.C. 4164(b)) is
amended--
(1) in paragraph (2)--
(A) by striking ``goals'' and inserting ``planned
activities''; and
(B) by adding ``and'' after the semicolon at the end;
(2) in paragraph (3), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (4).
TITLE V--TERMINATION OF ASSISTANCE FOR INDIAN TRIBES UNDER INCORPORATED
PROGRAMS
SEC. 501. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
(a) In General.--Title V of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4181
et seq.) is amended by adding at the end the following:
``SEC. 509. EFFECT ON HOME INVESTMENT PARTNERSHIPS ACT.
``Nothing in this Act or an amendment made by this Act
prohibits or prevents any participating jurisdiction (within
the meaning of the HOME Investment Partnerships Act (42
U.S.C. 12721 et seq.)) from providing any amounts made
available to the participating jurisdiction under that Act
(42 U.S.C. 12721 et seq.) to an Indian tribe or a tribally
designated housing entity for use in accordance with that Act
(42 U.S.C. 12721 et seq.).''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended by
inserting after the item relating to section 508 the
following:
``Sec. 509. Effect on HOME Investment Partnerships Act.''.
TITLE VI--GUARANTEED LOANS TO FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES
SEC. 601. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO
FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES.
(a) In General.--Title VI of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4191
et seq.) is amended by adding at the end the following:
``SEC. 606. DEMONSTRATION PROGRAM FOR GUARANTEED LOANS TO
FINANCE TRIBAL COMMUNITY AND ECONOMIC
DEVELOPMENT ACTIVITIES.
``(a) Authority.--
``(1) In general.--Subject to paragraph (2), to the extent
and in such amounts as are provided in appropriation Acts,
subject to the requirements of this section, and in
accordance with such terms and conditions as the Secretary
may prescribe, the Secretary may guarantee and make
commitments to guarantee the notes and obligations issued by
Indian tribes or tribally designated housing entities with
tribal approval, for the purposes of financing activities
carried out on Indian reservations and in other Indian areas
that, under the first sentence of section 108(a) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5308), are eligible for financing with notes and other
obligations guaranteed pursuant to that section.
``(2) Limitation.--The Secretary may guarantee, or make
commitments to guarantee, under paragraph (1) the notes or
obligations of not more than 4 Indian tribes or tribally
designated housing entities located in each Department of
Housing and Urban Development Office of Native American
Programs region.
``(b) Low-Income Benefit Requirement.--Not less than 70
percent of the aggregate amount received by an Indian tribe
or tribally designated housing entity as a result of a
guarantee under this section shall be used for the support of
activities that benefit low-
[[Page 21743]]
income families on Indian reservations and other Indian
areas.
``(c) Financial Soundness.--
``(1) In general.--The Secretary shall establish
underwriting criteria for guarantees under this section,
including fees for the guarantees, as the Secretary
determines to be necessary to ensure that the program under
this section is financially sound.
``(2) Amounts of fees.--Fees for guarantees established
under paragraph (1) shall be established in amounts that are
sufficient, but do not exceed the minimum amounts necessary,
to maintain a negative credit subsidy for the program under
this section, as determined based on the risk to the Federal
Government under the underwriting requirements established
under paragraph (1).
``(d) Terms of Obligations.--
``(1) In general.--Each note or other obligation guaranteed
pursuant to this section shall be in such form and
denomination, have such maturity, and be subject to such
conditions as the Secretary may prescribe, by regulation.
``(2) Limitation.--The Secretary may not deny a guarantee
under this section on the basis of the proposed repayment
period for the note or other obligation, unless--
``(A) the period is more than 20 years; or
``(B) the Secretary determines that the period would cause
the guarantee to constitute an unacceptable financial risk.
``(e) Limitation on Percentage.--A guarantee made under
this section shall guarantee repayment of 95 percent of the
unpaid principal and interest due on the note or other
obligation guaranteed.
``(f) Security and Repayment.--
``(1) Requirements on issuer.--To ensure the repayment of
notes and other obligations and charges incurred under this
section and as a condition for receiving the guarantees, the
Secretary shall require the Indian tribe or housing entity
issuing the notes or obligations--
``(A) to enter into a contract, in a form acceptable to the
Secretary, for repayment of notes or other obligations
guaranteed under this section;
``(B) to demonstrate that the extent of each issuance and
guarantee under this section is within the financial capacity
of the Indian tribe; and
``(C) to furnish, at the discretion of the Secretary, such
security as the Secretary determines to be appropriate in
making the guarantees, including increments in local tax
receipts generated by the activities assisted by a guarantee
under this section or disposition proceeds from the sale of
land or rehabilitated property, except that the security may
not include any grant amounts received or for which the
issuer may be eligible under title I.
``(2) Full faith and credit.--
``(A) In general.--The full faith and credit of the United
States is pledged to the payment of all guarantees made under
this section.
``(B) Treatment of guarantees.--
``(i) In general.--Any guarantee made by the Secretary
under this section shall be conclusive evidence of the
eligibility of the obligations for the guarantee with respect
to principal and interest.
``(ii) Incontestable nature.--The validity of any such a
guarantee shall be incontestable in the hands of a holder of
the guaranteed obligations.
``(g) Training and Information.--The Secretary, in
cooperation with Indian tribes and tribally designated
housing entities, may carry out training and information
activities with respect to the guarantee program under this
section.
``(h) Limitations on Amount of Guarantees.--
``(1) Aggregate fiscal year limitation.--Notwithstanding
any other provision of law, subject only to the absence of
qualified applicants or proposed activities and to the
authority provided in this section, and to the extent
approved or provided for in appropriations Acts, the
Secretary may enter into commitments to guarantee notes and
obligations under this section with an aggregate principal
amount not to exceed $200,000,000 for each of fiscal years
2009 through 2013.
``(2) Authorization of appropriations for credit subsidy.--
There are authorized to be appropriated to cover the costs
(as defined in section 502 of the Congressional Budget Act of
1974 (2 U.S.C. 661a)) of guarantees under this section
$1,000,000 for each of fiscal years 2009 through 2013.
``(3) Aggregate outstanding limitation.--The total amount
of outstanding obligations guaranteed on a cumulative basis
by the Secretary pursuant to this section shall not at any
time exceed $1,000,000,000 or such higher amount as may be
authorized to be appropriated for this section for any fiscal
year.
``(4) Fiscal year limitations on indian tribes.--
``(A) In general.--The Secretary shall monitor the use of
guarantees under this section by Indian tribes.
``(B) Modifications.--If the Secretary determines that 50
percent of the aggregate guarantee authority under paragraph
(3) has been committed, the Secretary may--
``(i) impose limitations on the amount of guarantees
pursuant to this section that any single Indian tribe may
receive in any fiscal year of $25,000,000; or
``(ii) request the enactment of legislation increasing the
aggregate outstanding limitation on guarantees under this
section.
``(i) Report.--Not later than 4 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report describing the use of the authority under
this section by Indian tribes and tribally designated housing
entities, including--
``(1) an identification of the extent of the use and the
types of projects and activities financed using that
authority; and
``(2) an analysis of the effectiveness of the use in
carrying out the purposes of this section.
``(j) Termination.--The authority of the Secretary under
this section to make new guarantees for notes and obligations
shall terminate on October 1, 2013.''.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 note) is amended by
inserting after the item relating to section 605 the
following:
``Sec. 606. Demonstration program for guaranteed loans to finance
tribal community and economic development activities.''.
TITLE VII--FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
(a) Block Grants and Grant Requirements.--Section 108 of
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4117) is amended in the first sentence
by striking ``1998 through 2007'' and inserting ``2009
through 2013''.
(b) Federal Guarantees for Financing for Tribal Housing
Activities.--Section 605 of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C.
4195) is amended in subsections (a) and (b) by striking
``1997 through 2007'' each place it appears and inserting
``2009 through 2013''.
(c) Training and Technical Assistance.--Section 703 of the
Native American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4212) is amended by striking ``1997
through 2007'' and inserting ``2009 through 2013''.
TITLE VIII--MISCELLANEOUS
SEC. 801. LIMITATION ON USE FOR CHEROKEE NATION.
No funds authorized under this Act, or the amendments made
by this Act, or appropriated pursuant to an authorization
under this Act or such amendments, shall be expended for the
benefit of the Cherokee Nation; provided, that this
limitation shall not be effective if the Temporary Order and
Temporary Injunction issued on May 14, 2007, by the District
Court of the Cherokee Nation remains in effect during the
pendency of litigation or there is a settlement agreement
which effects the end of litigation among the adverse
parties.
SEC. 802. LIMITATION ON USE OF FUNDS.
No amounts made available pursuant to any authorization of
appropriations under this Act, or under the amendments made
by this Act, may be used to employ workers described in
section 274A(h)(3)) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
SEC. 803. GAO STUDY OF EFFECTIVENESS OF NAHASDA FOR TRIBES OF
DIFFERENT SIZES.
(a) In General.--The Comptroller General of the United
States shall conduct a study of the effectiveness of the
Native American Housing Assistance and Self-Determination Act
of 1996 in achieving its purposes of meeting the needs for
affordable housing for low-income Indian families, as
compared to the programs for housing and community
development assistance for Indian tribes and families and
Indian housing authorities that were terminated under title V
of such Act and the amendments made by such title. The study
shall compare such effectiveness with respect to Indian
tribes of various sizes and types, and specifically with
respect to smaller tribes for which grants of lesser or
minimum amounts have been made under title I of such Act.
(b) Report.--Not later than the expiration of the 12-month
period beginning on the date of the enactment of this Act,
the Comptroller General shall submit a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate regarding the results and
conclusions of the study conducted pursuant to subsection
(a). Such report shall include recommendations regarding any
changes appropriate to the Native American Housing Assistance
and Self-Determination Act of 1996 to help ensure that the
purposes of such Act are achieved by all Indian tribes,
regardless of size or type.
______
SA 5648. Mr. NELSON of Florida (for himself and Mr. Vitter) proposed
an amendment to the bill H.R. 6063, to authorize the programs of the
National Aeronautics and Space Administration, and for other purposes;
as follows:
Strike out all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Aeronautics and Space Administration Authorization Act of
2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
[[Page 21744]]
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009
Sec. 101. Fiscal year 2009.
TITLE II--EARTH SCIENCE
Sec. 201. Goal.
Sec. 202. Governance of United States Earth Observations activities.
Sec. 203. Decadal survey missions.
Sec. 204. Transitioning experimental research into operational
services.
Sec. 205. Landsat thermal infrared data continuity.
Sec. 206. Reauthorization of Glory Mission.
Sec. 207. Plan for disposition of Deep Space Climate Observatory.
Sec. 208. Tornadoes and other severe storms.
TITLE III--AERONAUTICS
Sec. 301. Sense of Congress.
Sec. 302. Environmentally friendly aircraft research and development
initiative.
Sec. 303. Research alignment.
Sec. 304. Research program to determine perceived impact of sonic
booms.
Sec. 305. External review of NASA's aviation safety-related research
programs.
Sec. 306. Aviation weather research.
Sec. 307. Funding for research and development activities in support of
other mission directorates.
Sec. 308. Enhancement of grant program on establishment of university-
based centers for research on aviation training.
TITLE IV--EXPLORATION INITIATIVE
Sec. 401. Sense of Congress.
Sec. 402. Reaffirmation of exploration policy.
Sec. 403. Stepping stone approach to exploration.
Sec. 404. Lunar outpost.
Sec. 405. Exploration technology development.
Sec. 406. Exploration risk mitigation plan.
Sec. 407. Exploration crew rescue.
Sec. 408. Participatory exploration.
Sec. 409. Science and exploration.
Sec. 410. Congressional Budget Office report update.
TITLE V--SPACE SCIENCE
Sec. 501. Technology development.
Sec. 502. Provision for future servicing of observatory-class
scientific spacecraft.
Sec. 503. Mars exploration.
Sec. 504. Importance of a balanced science program.
Sec. 505. Suborbital research activities.
Sec. 506. Restoration of radioisotope thermoelectric generator material
production.
Sec. 507. Assessment of impediments to interagency cooperation on space
and Earth science missions.
Sec. 508. Assessment of cost growth.
Sec. 509. Outer planets exploration.
TITLE VI--SPACE OPERATIONS
Subtitle A--International Space Station
Sec. 601. Plan to support operation and utilization of the ISS beyond
fiscal year 2015.
Sec. 602. International Space Station National Laboratory Advisory
Committee.
Sec. 603. Contingency plan for cargo resupply.
Sec. 604. Sense of Congress on use of Space Life Sciences Laboratory at
Kennedy Space Center.
Subtitle B--Space Shuttle
Sec. 611. Space Shuttle flight requirements.
Sec. 612. United States commercial cargo capability status.
Sec. 613. Space Shuttle transition.
Sec. 614. Aerospace skills retention and investment reutilization
report.
Sec. 615. Temporary continuation of coverage of health benefits.
Sec. 616. Accounting report.
Subtitle C--Launch Services
Sec. 621. Launch services strategy.
TITLE VII--EDUCATION
Sec. 701. Response to review.
Sec. 702. External review of explorer schools program.
Sec. 703. Sense of Congress on EarthKAM and robotics competitions.
Sec. 704. Enhancement of educational role of NASA.
TITLE VIII--NEAR-EARTH OBJECTS
Sec. 801. Reaffirmation of policy.
Sec. 802. Findings.
Sec. 803. Requests for information.
Sec. 804. Establishment of policy with respect to threats posed by
near-earth objects.
Sec. 805. Planetary radar capability.
Sec. 806. Arecibo observatory.
Sec. 807. International resources.
TITLE IX--COMMERCIAL INITIATIVES
Sec. 901. Sense of Congress.
Sec. 902. Commercial crew initiative.
TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES
Sec. 1001. Review of information security controls.
Sec. 1002. Maintenance and upgrade of Center facilities.
Sec. 1003. Assessment of NASA laboratory capabilities.
Sec. 1004. Study and report on project assignment and work allocation
of field centers.
TITLE XI--OTHER PROVISIONS
Sec. 1101. Space weather.
Sec. 1102. Initiation of discussions on development of framework for
space traffic management.
Sec. 1103. Astronaut health care.
Sec. 1104. National Academies decadal surveys.
Sec. 1105. Innovation prizes.
Sec. 1106. Commercial space launch range study.
Sec. 1107. NASA outreach program.
Sec. 1108. Reduction-in-force moratorium.
Sec. 1109. Protection of scientific credibility, integrity, and
communication within NASA.
Sec. 1110. Sense of Congress regarding the need for a robust workforce.
Sec. 1111. Methane inventory.
Sec. 1112. Exception to alternative fuel procurement requirement.
Sec. 1113. Sense of Congress on the importance of the NASA Office of
Program Analysis and Evaluation.
Sec. 1114. Sense of Congress on elevating the importance of space and
aeronautics within the Executive Office of the President.
Sec. 1115. Study on leasing practices of field centers.
Sec. 1116. Cooperative unmanned aerial vehicle activities.
Sec. 1117. Development of enhanced-use lease policy.
Sec. 1118. Sense of Congress with regard to the Michoud Assembly
Facility and NASA's other centers and facilities.
Sec. 1119. Report on U.S. industrial base for launch vehicle engines.
Sec. 1120. Sense of Congress on precursor International Space Station
research.
Sec. 1121. Limitation on funding for conferences.
Sec. 1122. Report on NASA efficiency and performance.
SEC. 2. FINDINGS.
The Congress finds, on this, the 50th anniversary of the
establishment of the National Aeronautics and Space
Administration, the following:
(1) NASA is and should remain a multimission agency with a
balanced and robust set of core missions in science,
aeronautics, and human space flight and exploration.
(2) Investment in NASA's programs will promote innovation
through research and development, and will improve the
competitiveness of the United States.
(3) Investment in NASA's programs, like investments in
other Federal science and technology activities, is an
investment in our future.
(4) Properly structured, NASA's activities can contribute
to an improved quality of life, economic vitality, United
States leadership in peaceful cooperation with other nations
on challenging undertakings in science and technology,
national security, and the advancement of knowledge.
(5) NASA should assume a leadership role in a cooperative
international Earth observations and research effort to
address key research issues associated with climate change
and its impacts on the Earth system.
(6) NASA should undertake a program of aeronautical
research, development, and where appropriate demonstration
activities with the overarching goals of--
(A) ensuring that the Nation's future air transportation
system can handle up to 3 times the current travel demand and
incorporate new vehicle types with no degradation in safety
or adverse environmental impact on local communities;
(B) protecting the environment;
(C) promoting the security of the Nation; and
(D) retaining the leadership of the United States in global
aviation.
(7) Human and robotic exploration of the solar system will
be a significant long-term undertaking of humanity in the
21st century and beyond, and it is in the national interest
that the United States should assume a leadership role in a
cooperative international exploration initiative.
(8) Developing United States human space flight
capabilities to allow independent American access to the
International Space Station, and to explore beyond low Earth
orbit, is a strategically important national imperative, and
all prudent steps should thus be taken to bring the Orion
Crew Exploration Vehicle and Ares I Crew Launch Vehicle to
full operational capability as soon as possible and to ensure
the effective development of a United States heavy lift
launch capability for missions beyond low Earth orbit.
(9) NASA's scientific research activities have contributed
much to the advancement of knowledge, provided societal
benefits, and helped train the next generation of scientists
and engineers, and those activities should continue to be an
important priority.
[[Page 21745]]
(10) NASA should make a sustained commitment to a robust
long-term technology development activity. Such investments
represent the critically important ``seed corn'' on which
NASA's ability to carry out challenging and productive
missions in the future will depend.
(11) NASA, through its pursuit of challenging and relevant
activities, can provide an important stimulus to the next
generation to pursue careers in science, technology,
engineering, and mathematics.
(12) Commercial activities have substantially contributed
to the strength of both the United States space program and
the national economy, and the development of a healthy and
robust United States commercial space sector should continue
to be encouraged.
(13) It is in the national interest for the United States
to have an export control policy that protects the national
security while also enabling the United States aerospace
industry to compete effectively in the global market place
and the United States to undertake cooperative programs in
science and human space flight in an effective and efficient
manner.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of NASA.
(2) NASA.--The term ``NASA'' means the National Aeronautics
and Space Administration.
(3) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(4) OSTP.--The term ``OSTP'' means the Office of Science
and Technology Policy.
TITLE I--AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 2009
SEC. 101. FISCAL YEAR 2009.
There are authorized to be appropriated to NASA for fiscal
year 2009 $20,210,000,000, as follows:
(1) For Science, $4,932,200,000, of which--
(A) $1,518,000,000 shall be for Earth Science, including
$29,200,000 for suborbital activities and $2,500,000 for
carrying out section 313 of the National Aeronautics and
Space Administration Authorization Act of 2005 (Public Law
109-155);
(B) $1,483,000,000 shall be for Planetary Science,
including $486,500,000 for the Mars Exploration program,
$2,000,000 to continue planetary radar operations at the
Arecibo Observatory in support of the Near-Earth Object
program, and $5,000,000 for radioisotope material production,
to remain available until expended;
(C) $1,290,400,000 shall be for Astrophysics, including
$27,300,000 for suborbital activities;
(D) $640,800,000 shall be for Heliophysics, including
$50,000,000 for suborbital activities; and
(E) $75,000,000 shall be for Intra-Science Mission
Directorate Technology Development, to be taken on a
proportional basis from the funding subtotals under
subparagraphs (A), (B), (C), and (D).
(2) For Aeronautics, $853,400,000, of which $406,900,000
shall be for system-level research, development, and
demonstration activities related to--
(A) aviation safety;
(B) environmental impact mitigation, including noise,
energy efficiency, and emissions;
(C) support of the Next Generation Air Transportation
System initiative; and
(D) investigation of new vehicle concepts and flight
regimes.
(3) For Exploration, $4,886,000,000, of which--
(A) $3,886,000,000 shall be for baseline exploration
activities, of which $100,000,000 shall be for the activities
under sections 902(a)(4) and 902(d), such funds to remain
available until expended; no less than $1,101,400,000 shall
be for the Orion Crew Exploration Vehicle; no less than
$1,018,500,000 shall be for Ares I Crew Launch Vehicle; and
$737,800,000 shall be for Advanced Capabilities, including
$106,300,000 for the Lunar Precursor Robotic Program (of
which $30,000,000 shall be for the lunar lander mission),
$276,500,000 shall be for International Space Station-related
research and development activities, and $355,000,000 shall
be for research and development activities not related to the
International Space Station; and
(B) $1,000,000,000 shall be available to be used to
accelerate the initial operating capability of the Orion Crew
Exploration Vehicle and the Ares I Crew Launch Vehicle, to
remain available until expended.
(4) For Education, $128,300,000, of which $14,200,000 shall
be for the Experimental Program to Stimulate Competitive
Research and $32,000,000 shall be for the Space Grant
program.
(5) For Space Operations, $6,074,700,000, of which--
(A) $150,000,000 shall be for an additional Space Shuttle
flight to deliver the Alpha Magnetic Spectrometer to the
International Space Station;
(B) $100,000,000 shall be to augment funding for research
utilization of the International Space Station National
Laboratory, to remain available until expended; and
(C) $50,000,000 shall be to augment funding for Space
Operations Mission Directorate reserves and Shuttle
Transition and Retirement activities.
(6) For Cross-Agency Support Programs, $3,299,900,000, of
which $4,000,000 shall be for the program established under
section 1107(a), to remain available until expended.
(7) For Inspector General, $35,500,000.
TITLE II--EARTH SCIENCE
SEC. 201. GOAL.
The goal for NASA's Earth Science program shall be to
pursue a program of Earth observations, research, and
applications activities to better understand the Earth, how
it supports life, and how human activities affect its ability
to do so in the future. In pursuit of this goal, NASA's Earth
Science program shall ensure that securing practical benefits
for society will be an important measure of its success in
addition to securing new knowledge about the Earth system and
climate change. In further pursuit of this goal, NASA shall,
together with NOAA and other relevant agencies, provide
United States leadership in developing and carrying out a
cooperative international Earth observations-based research
program.
SEC. 202. GOVERNANCE OF UNITED STATES EARTH OBSERVATIONS
ACTIVITIES.
(a) Study.--The Director of OSTP shall consult with NASA,
NOAA, and other relevant agencies with an interest in Earth
observations and enter into an arrangement with the National
Academies for a study to determine the most appropriate
governance structure for United States Earth Observations
programs in order to meet evolving United States Earth
information needs and facilitate United States participation
in global Earth Observations initiatives.
(b) Report.--The Director shall transmit the study to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 18 months after
the date of enactment of this Act, and shall provide OSTP's
plan for implementing the study's recommendations not later
than 24 months after the date of enactment of this Act.
SEC. 203. DECADAL SURVEY MISSIONS.
(a) In General.--The missions recommended in the National
Academies' decadal survey ``Earth Science and Applications
from Space'' provide the basis for a compelling and relevant
program of research and applications, and the Administrator
should work to establish an international cooperative effort
to pursue those missions.
(b) Plan.--The Administrator shall consult with all
agencies referenced in the survey as responsible for
spacecraft missions and prepare a plan for submission to
Congress not later than 270 days after the date of enactment
of this Act that shall describe how NASA intends to implement
the missions recommended for NASA to conduct as described in
subsection (a), whether by means of dedicated NASA missions,
multi-agency missions, international cooperative missions,
data sharing, or commercial data buys, or by means of long-
term technology development to determine whether specific
missions would be executable at a reasonable cost and within
a reasonable schedule.
SEC. 204. TRANSITIONING EXPERIMENTAL RESEARCH INTO
OPERATIONAL SERVICES.
(a) Sense of Congress.--It is the sense of the Congress
that experimental NASA sensors and missions that have the
potential to benefit society if transitioned into operational
monitoring systems be transitioned into operational status
whenever possible.
(b) Interagency Process.--The Director of OSTP, in
consultation with the Administrator, the Administrator of
NOAA, and other relevant stakeholders, shall develop a
process to transition, when appropriate, NASA Earth science
and space weather missions or sensors into operational
status. The process shall include coordination of annual
agency budget requests as required to execute the
transitions.
(c) Responsible Agency Official.--The Administrator and the
Administrator of NOAA shall each designate an agency official
who shall have the responsibility for and authority to lead
NASA's and NOAA's transition activities and interagency
coordination.
(d) Plan.--For each mission or sensor that is determined to
be appropriate for transition under subsection (b), NASA and
NOAA shall transmit to Congress a joint plan for conducting
the transition. The plan shall include the strategy,
milestones, and budget required to execute the transition.
The transition plan shall be transmitted to Congress not
later than 60 days after the successful completion of the
mission or sensor critical design review.
SEC. 205. LANDSAT THERMAL INFRARED DATA CONTINUITY.
(a) Plan.--In view of the importance of Landsat thermal
infrared data for both scientific research and water
management applications, the Administrator shall prepare a
plan for ensuring the continuity of Landsat thermal infrared
data or its equivalent, including allocation of costs and
responsibility for the collection and distribution of the
data, and a budget plan. As part of the plan, the
Administrator shall provide an option for developing a
thermal infrared sensor at minimum cost to be flown on the
Landsat Data Continuity Mission with minimum delay to the
schedule of the Landsat Data Continuity Mission.
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(b) Deadline.--The plan shall be provided to Congress not
later than 60 days after the date of enactment of this Act.
SEC. 206. REAUTHORIZATION OF GLORY MISSION.
(a) Reauthorization.--Congress reauthorizes NASA to
continue with development of the Glory Mission, which will
examine how aerosols and solar energy affect the Earth's
climate.
(b) Baseline Report.--Pursuant to the National Aeronautics
and Space Administration Authorization Act of 2005 (Public
Law 109-155), not later than 90 days after the date of
enactment of this Act, the Administrator shall transmit a new
baseline report consistent with section 103(b)(2) of such
Act. The report shall include an analysis of the factors
contributing to cost growth and the steps taken to address
them.
SEC. 207. PLAN FOR DISPOSITION OF DEEP SPACE CLIMATE
OBSERVATORY.
(a) Plan.--NASA shall develop a plan for the Deep Space
Climate Observatory (DSCOVR), including such options as using
the parts of the spacecraft in the development and assembly
of other science missions, transferring the spacecraft to
another agency, reconfiguring the spacecraft for another
Earth science mission, establishing a public-private
partnership for the mission, and entering into an
international cooperative partnership to use the spacecraft
for its primary or other purposes. The plan shall include an
estimate of budgetary resources and schedules required to
implement each of the options.
(b) Consultation.--NASA shall consult, as necessary, with
NOAA and other Federal agencies, industry, academic
institutions, and international space agencies in developing
the plan.
(c) Report.--The Administrator shall transmit the plan
required under subsection (a) to the Committee on Science and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate not
later than 180 days after the date of enactment of this Act.
SEC. 208. TORNADOES AND OTHER SEVERE STORMS.
The Administrator shall ensure that NASA gives high
priority to those parts of its existing cooperative
activities with NOAA that are related to the study of
tornadoes and other severe storms, tornado-force winds, and
other factors determined to influence the development of
tornadoes and other severe storms, with the goal of improving
the Nation's ability to predict tornados and other severe
storms. Further, the Administrator shall examine whether
there are additional cooperative activities with NOAA that
should be undertaken in the area of tornado and severe storm
research.
TITLE III--AERONAUTICS
SEC. 301. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) aeronautics research continues to be an important core
element of NASA's mission and should be supported;
(2) NASA aeronautics research should be guided by and
consistent with the national policy to guide aeronautics
research and development programs of the United States
developed in accordance with section 101(c) of the National
Aeronautics and Space Administration Authorization Act of
2005 (42 U.S.C. 16611); and
(3) technologies developed by NASA as described in
paragraph (2) would help to secure the leadership role of the
United States in global aviation and greatly enhance
competitiveness of the United States in aeronautics in the
future.
SEC. 302. ENVIRONMENTALLY FRIENDLY AIRCRAFT RESEARCH AND
DEVELOPMENT INITIATIVE.
The Administrator shall establish an initiative involving
NASA, universities, industry, and other research
organizations as appropriate, of research, development, and
demonstration, in a relevant environment, of technologies to
enable the following commercial aircraft performance
characteristics:
(1) Noise levels on takeoff and on airport approach and
landing that do not exceed ambient noise levels in the
absence of flight operations in the vicinity of airports from
which such commercial aircraft would normally operate,
without increasing energy consumption or nitrogen oxide
emissions compared to aircraft in commercial service as of
the date of enactment of this Act.
(2) Significant reductions in greenhouse gas emissions
compared to aircraft in commercial services as of the date of
enactment of this Act.
SEC. 303. RESEARCH ALIGNMENT.
In addition to pursuing the research and development
initiative described in section 302, the Administrator shall,
to the maximum extent practicable within available funding,
align the fundamental aeronautics research program to address
high priority technology challenges of the National
Academies' Decadal Survey of Civil Aeronautics, and shall
work to increase the degree of involvement of external
organizations, and especially of universities, in the
fundamental aeronautics research program.
SEC. 304. RESEARCH PROGRAM TO DETERMINE PERCEIVED IMPACT OF
SONIC BOOMS.
(a) In General.--The ability to fly commercial aircraft
over land at supersonic speeds without adverse impacts on the
environment or on local communities would open new markets
and enable new transportation capabilities. In order to have
the basis for establishing appropriate sonic boom standards
for such flight operations, a research program is needed to
assess the impact in a relevant environment of commercial
supersonic flight operations.
(b) Establishment.--The Administrator shall establish a
cooperative research program with industry, including the
conduct of flight demonstrations in a relevant environment,
to collect data on the perceived impact of sonic booms. The
data could enable the promulgation of appropriate standards
for overland commercial supersonic flight operations.
(c) Coordination.--The Administrator shall ensure that
sonic boom research is coordinated as appropriate with the
Administrator of the Federal Aviation Administration, and as
appropriate make use of the expertise of the Partnership for
Air Transportation Noise and Emissions Reduction Center of
Excellence sponsored by NASA and the Federal Aviation
Administration.
SEC. 305. EXTERNAL REVIEW OF NASA'S AVIATION SAFETY-RELATED
RESEARCH PROGRAMS.
(a) Review.--The Administrator shall enter into an
arrangement with the National Research Council for an
independent review of NASA's aviation safety-related research
programs. The review shall assess whether--
(1) the programs have well-defined, prioritized, and
appropriate research objectives;
(2) the programs are properly coordinated with the safety
research programs of the Federal Aviation Administration and
other relevant Federal agencies;
(3) the programs have allocated appropriate resources to
each of the research objectives; and
(4) suitable mechanisms exist for transitioning the
research results from the programs into operational
technologies and procedures and certification activities in a
timely manner.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the results of the
review required in subsection (a).
SEC. 306. AVIATION WEATHER RESEARCH PLAN.
The Administrator and the Administrator of NOAA shall
develop a collaborative research plan on convective weather
events. The goal of the research is to significantly improve
the reliability of 2-hour to 6-hour aviation weather
forecasts. Within 270 days after the date of enactment of
this Act, the Administrator and the Administrator of NOAA
shall submit this plan to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Science
and Technology of the House of Representatives.
SEC. 307. FUNDING FOR RESEARCH AND DEVELOPMENT ACTIVITIES IN
SUPPORT OF OTHER MISSION DIRECTORATES.
Research and development activities performed by the
Aeronautics Research Mission Directorate with the primary
objective of assisting in the development of a flight project
in another Mission Directorate shall be funded by the Mission
Directorate seeking assistance.
SEC. 308. ENHANCEMENT OF GRANT PROGRAM ON ESTABLISHMENT OF
UNIVERSITY-BASED CENTERS FOR RESEARCH ON
AVIATION TRAINING.
Section 427(a) of the National Aeronautics and Space
Administration Authorization Act of 2005 (Public Law 109-155)
is amended by striking ``may'' and inserting ``shall''.
TITLE IV--EXPLORATION INITIATIVE
SEC. 401. SENSE OF CONGRESS.
It is the sense of Congress that the President of the
United States should invite America's friends and allies to
participate in a long-term international initiative under the
leadership of the United States to expand human and robotic
presence into the solar system, including the exploration and
utilization of the Moon, near Earth asteroids, Lagrangian
points, and eventually Mars and its moons, among other
exploration and utilization goals. When appropriate, the
United States should lead confidence building measures that
advance the long-term initiative for international
cooperation.
SEC. 402. REAFFIRMATION OF EXPLORATION POLICY.
Congress hereby affirms its support for--
(1) the broad goals of the space exploration policy of the
United States, including the eventual return to and
exploration of the Moon and other destinations in the solar
system and the important national imperative of independent
access to space;
(2) the development of technologies and operational
approaches that will enable a sustainable long-term program
of human and robotic exploration of the solar system;
(3) activity related to Mars exploration, particularly for
the development and testing of technologies and mission
concepts needed for eventual consideration of optional
mission architectures, pursuant to future authority to
proceed with the consideration and implementation of such
architectures; and
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(4) international participation and cooperation, as well as
commercial involvement in space exploration activities.
SEC. 403. STEPPING STONE APPROACH TO EXPLORATION.
In order to maximize the cost-effectiveness of the long-
term exploration and utilization activities of the United
States, the Administrator shall take all necessary steps,
including engaging international partners, to ensure that
activities in its lunar exploration program shall be designed
and implemented in a manner that gives strong consideration
to how those activities might also help meet the requirements
of future exploration and utilization activities beyond the
Moon. The timetable of the lunar phase of the long-term
international exploration initiative shall be determined by
the availability of funding. However, once an exploration-
related project enters its development phase, the
Administrator shall seek, to the maximum extent practicable,
to complete that project without undue delays.
SEC. 404. LUNAR OUTPOST.
(a) Establishment.--As NASA works toward the establishment
of a lunar outpost, NASA shall make no plans that would
require a lunar outpost to be occupied to maintain its
viability. Any such outpost shall be operable as a human-
tended facility capable of remote or autonomous operation for
extended periods.
(b) Designation.--The United States portion of the first
human-tended outpost established on the surface of the Moon
shall be designated the ``Neil A. Armstrong Lunar Outpost''.
(c) Sense of Congress.--It is the sense of Congress that
NASA should make use of commercial services to the maximum
extent practicable in support of its lunar outpost
activities.
SEC. 405. EXPLORATION TECHNOLOGY DEVELOPMENT.
(a) In General.--A robust program of long-term exploration-
related technology research and development will be essential
for the success and sustainability of any enduring initiative
of human and robotic exploration of the solar system.
(b) Establishment.--The Administrator shall carry out a
program of long-term exploration-related technology research
and development, including such things as in-space
propulsion, power systems, life support, and advanced
avionics, that is not tied to specific flight projects. The
program shall have the funding goal of ensuring that the
technology research and development can be completed in a
timely manner in order to support the safe, successful, and
sustainable exploration of the solar system. In addition, in
order to ensure that the broadest range of innovative
concepts and technologies are captured, the long-term
technology program shall have the goal of having a
significant portion of its funding available for external
grants and contracts with universities, research
institutions, and industry.
SEC. 406. EXPLORATION RISK MITIGATION PLAN.
(a) Plan.--The Administrator shall prepare a plan that
identifies and prioritizes the human and technical risks that
will need to be addressed in carrying out human exploration
beyond low Earth orbit and the research and development
activities required to address those risks. The plan shall
address the role of the International Space Station in
exploration risk mitigation and include a detailed
description of the specific steps being taken to utilize the
International Space Station for that purpose.
(b) Report.--The Administrator shall transmit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the plan described in subsection
(a) not later than one year after the date of enactment of
this Act.
SEC. 407. EXPLORATION CREW RESCUE.
In order to maximize the ability to rescue astronauts whose
space vehicles have become disabled, the Administrator shall
enter into discussions with the appropriate representatives
of spacefaring nations who have or plan to have crew
transportation systems capable of orbital flight or flight
beyond low Earth orbit for the purpose of agreeing on a
common docking system standard.
SEC. 408. PARTICIPATORY EXPLORATION.
(a) In General.--The Administrator shall develop a
technology plan to enable dissemination of information to the
public to allow the public to experience missions to the
Moon, Mars, or other bodies within our solar system by
leveraging advanced exploration technologies. The plan shall
identify opportunities to leverage technologies in NASA's
Constellation systems that deliver a rich, multi-media
experience to the public, and that facilitate participation
by the public, the private sector, nongovernmental
organizations, and international partners. Technologies for
collecting high-definition video, 3-dimensional images, and
scientific data, along with the means to rapidly deliver this
content through extended high bandwidth communications
networks, shall be considered as part of this plan. It shall
include a review of high bandwidth radio and laser
communications, high-definition video, stereo imagery, 3-
dimensional scene cameras, and Internet routers in space,
from orbit, and on the lunar surface. The plan shall also
consider secondary cargo capability for technology validation
and science mission opportunities. In addition, the plan
shall identify opportunities to develop and demonstrate these
technologies on the International Space Station and robotic
missions to the Moon, Mars, and other solar system bodies. As
part of the technology plan, the Administrator shall examine
the feasibility of having NASA enter into contracts and other
agreements with appropriate public, private sector, and
international partners to broadcast electronically, including
via the Internet, images and multimedia records delivered
from its missions in space to the public, and shall identify
issues associated with such contracts and other agreements.
In any such contracts and other agreements, NASA shall adhere
to a transparent bidding process to award such contracts and
other agreements, pursuant to United States law. As part of
this plan, the Administrator shall include estimates of
associated costs.
(b) Report.--Not later than 270 days after the date of
enactment of this Act, the Administrator shall submit the
plan to the Committee on Science and Technology of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
SEC. 409. SCIENCE AND EXPLORATION.
It is the sense of Congress that NASA's scientific and
human exploration activities are synergistic; science enables
exploration and human exploration enables science. The
Congress encourages the Administrator to coordinate, where
practical, NASA's science and exploration activities with the
goal of maximizing the success of human exploration
initiatives and furthering our understanding of the Universe
that we explore.
SEC. 410. CONGRESSIONAL BUDGET OFFICE REPORT UPDATE.
Not later than 6 months after the date of enactment of this
Act, the Congressional Budget Office shall update its report
from 2004 on the budgetary analysis of NASA's Vision for the
Nation's Space Exploration Program, including new estimates
for Project Constellation, NASA's new generation of
spacecraft designed for human space flight that will replace
the Space Shuttle program.
TITLE V--SPACE SCIENCE
SEC. 501. TECHNOLOGY DEVELOPMENT.
The Administrator shall establish an intra-Directorate
long-term technology development program for space and Earth
science within the Science Mission Directorate for the
development of new technology. The program shall be
independent of the flight projects under development. NASA
shall have a goal of funding the intra-Directorate technology
development program at a level of 5 percent of the total
Science Mission Directorate annual budget. The program shall
be structured to include competitively awarded grants and
contracts.
SEC. 502. PROVISION FOR FUTURE SERVICING OF OBSERVATORY-CLASS
SCIENTIFIC SPACECRAFT.
The Administrator shall take all necessary steps to ensure
that provision is made in the design and construction of all
future observatory-class scientific spacecraft intended to be
deployed in Earth orbit or at a Lagrangian point in space for
robotic or human servicing and repair to the extent
practicable and appropriate.
SEC. 503. MARS EXPLORATION.
Congress reaffirms its support for a systematic, integrated
program of exploration of the Martian surface to examine the
planet whose surface is most like Earth's, to search for
evidence of past or present life, and to examine Mars for
future habitability and as a long-term goal for future human
exploration. To the extent affordable and practical, the
program should pursue the goal of launches at every Mars
launch opportunity, leading to an eventual robotic sample
return.
SEC. 504. IMPORTANCE OF A BALANCED SCIENCE PROGRAM.
It is the sense of Congress that a balanced and adequately
funded set of activities, consisting of NASA's research and
analysis grants programs, technology development, small-,
medium-, and large-sized space science missions, and
suborbital research activities, contributes to a robust and
productive science program and serves as a catalyst for
innovation.
SEC. 505. SUBORBITAL RESEARCH ACTIVITIES.
(a) Sense of Congress.--It is the sense of Congress that
suborbital flight activities, including the use of sounding
rockets, aircraft, and high-altitude balloons, and suborbital
reusable launch vehicles, offer valuable opportunities to
advance science, train the next generation of scientists and
engineers, and provide opportunities for participants in the
programs to acquire skills in systems engineering and systems
integration that are critical to maintaining the Nation's
leadership in space programs. The Congress believes that it
is in the national interest to expand the size of NASA's
suborbital research program. It is further the sense of
Congress that funding for suborbital research activities
should be considered part of the contribution of NASA to
United States competitive and educational enhancement and
should represent increased funding as contemplated in section
2001 of the America COMPETES Act (42 U.S.C. 16611(a)).
(b) Review of Suborbital Mission Capabilities.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the
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Administrator shall enter into an arrangement with the
National Academies to conduct a review of the suborbital
mission capabilities of NASA.
(2) Matters reviewed.--The review required by paragraph (1)
shall include a review of the following:
(A) Existing programs that make use of suborbital flights.
(B) The status, capability, and availability of suborbital
platforms, and the infrastructure and workforce necessary to
support them.
(C) Existing or planned launch facilities for suborbital
missions.
(D) Opportunities for scientific research, training, and
educational collaboration in the conduct of suborbital
missions by NASA, especially as they relate to the findings
and recommendations of the National Academies decadal surveys
and report on ``Building a Better NASA Workforce: Meeting the
Workforce Needs for the National Vision for Space
Exploration''.
(3) Report.--
(A) In general.--Not later than 15 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the review required
by this subsection.
(B) Contents.--The report required by this paragraph shall
include a summary of the review; the findings of the
Administrator with respect to such review; recommendations
regarding the growth of suborbital launch programs conducted
by NASA; and the steps necessary to ensure such programs are
conducted using domestic launch facilities to the maximum
extent practicable, including any rationale and justification
for using non-domestic facilities for such missions.
SEC. 506. RESTORATION OF RADIOISOTOPE THERMOELECTRIC
GENERATOR MATERIAL PRODUCTION.
(a) Plan.--The Director of OSTP shall develop a plan for
restarting and sustaining the domestic production of
radioisotope thermoelectric generator material for deep space
and other space science missions.
(b) Report.--The plan developed under subsection (a) shall
be transmitted to Congress not later than 270 days after the
date of enactment of this Act.
SEC. 507. ASSESSMENT OF IMPEDIMENTS TO INTERAGENCY
COOPERATION ON SPACE AND EARTH SCIENCE
MISSIONS.
(a) Assessments.--The Administrator, in consultation with
other agencies with space science programs, shall enter into
an arrangement with the National Academies to assess
impediments, including cost growth, to the successful conduct
of interagency cooperation on space science missions, to
provide lessons learned and best practices, and to recommend
steps to help facilitate successful interagency
collaborations on space science missions. As part of the same
arrangement with the National Academies, the Administrator,
in consultation with NOAA and other agencies with civil Earth
observation systems, shall have the National Academies assess
impediments, including cost growth, to the successful conduct
of interagency cooperation on Earth science missions, to
provide lessons learned and best practices, and to recommend
steps to help facilitate successful interagency
collaborations on Earth science missions.
(b) Report.--The report of the assessments carried out
under subsection (a) shall be transmitted to the Committee on
Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate not later than 15 months after the date of enactment
of this Act.
SEC. 508. ASSESSMENT OF COST GROWTH.
(a) Study.--The Administrator shall enter into an
arrangement for an independent external assessment to
identify the primary causes of cost growth in the large-,
medium-, and small-sized space and Earth science spacecraft
mission classes, and make recommendations as to what changes,
if any, should be made to contain costs and ensure frequent
mission opportunities in NASA's science spacecraft mission
programs.
(b) Report.--The report of the assessment conducted under
subsection (a) shall be submitted to Congress not later than
15 months after the date of enactment of this Act.
SEC. 509. OUTER PLANETS EXPLORATION.
It is the sense of Congress that the outer solar system
planets and their satellites can offer important knowledge
about the formation and evolution of the solar system, the
nature and diversity of these solar system bodies, and the
potential for conditions conducive to life beyond Earth. NASA
should move forward with plans for an Outer Planets flagship
mission to the Europa-Jupiter system or the Titan-Saturn
system as soon as practicable within a balanced Planetary
Science program.
TITLE VI--SPACE OPERATIONS
Subtitle A--International Space Station
SEC. 601. PLAN TO SUPPORT OPERATION AND UTILIZATION OF THE
ISS BEYOND FISCAL YEAR 2015.
(a) In General.--The Administrator shall take all necessary
steps to ensure that the International Space Station remains
a viable and productive facility capable of potential United
States utilization through at least 2020 and shall take no
steps that would preclude its continued operation and
utilization by the United States after 2015.
(b) Plan to Support Operations and Utilization of the
International Space Station Beyond Fiscal Year 2015.--
(1) In general.--Not later than 9 months after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a plan to support the operations
and utilization of the International Space Station beyond
fiscal year 2015 for a period of not less than 5 years. The
plan shall be an update and expansion of the operation plan
of the International Space Station National Laboratory
submitted to Congress in May 2007 under section 507 of the
National Aeronautics and Space Administration Authorization
Act of 2005 (42 U.S.C. 16767).
(2) Content.--
(A) Requirements to support operation and utilization of
the iss beyond fiscal year 2015.--As part of the plan
required in paragraph (1), the Administrator shall provide
each of the following:
(i) A list of critical hardware necessary to support
International Space Station operations through the year 2020.
(ii) Specific known or anticipated maintenance actions that
would need to be performed to support International Space
Station operations and research through the year 2020.
(iii) Annual upmass and downmass requirements, including
potential vehicles that will deliver such upmass and
downmass, to support the International Space Station after
the retirement of the Space Shuttle Orbiter and through the
year 2020.
(B) ISS national laboratory research management plan.--As
part of the plan required in paragraph (1), the Administrator
shall develop a Research Management Plan for the
International Space Station. Such Plan shall include a
process for selecting and prioritizing research activities
(including fundamental, applied, commercial, and other
research) for flight on the International Space Station. Such
Plan shall be used to prioritize resources such as crew time,
racks and equipment, and United States access to
international research facilities and equipment. Such Plan
shall also identify the organization to be responsible for
managing United States research on the International Space
Station, including a description of the relationship of the
management institution with NASA (e.g., internal NASA office,
contract, cooperative agreement, or grant), the estimated
length of time for the arrangement, and the budget required
to support the management institution. Such Plan shall be
developed in consultation with other Federal agencies,
academia, industry, and other relevant stakeholders. The
Administrator may request the support of the National Academy
of Sciences or other appropriate independent entity,
including an external consultant, in developing the Plan.
(C) Establishment of process for access to national
laboratory.--As part of the plan required in paragraph (1),
the Administrator shall--
(i) establish a process by which to support International
Space Station National Laboratory users in identifying their
requirements for transportation of research supplies to and
from the International Space Station, and for communicating
those requirements to NASA and International Space Station
transportation services providers; and
(ii) develop an estimate of the transportation requirements
needed to support users of the International Space Station
National Laboratory and develop a plan for satisfying those
requirements by dedicating a portion of volume on NASA supply
missions to the International Space Station.
(D) Assessment of equipment to support research.--As part
of the plan required in paragraph (1), the Administrator
shall--
(i) provide a list of critical hardware that is anticipated
to be necessary to support nonexploration-related and
exploration-related research through the year 2020;
(ii) identify existing research equipment and racks and
support equipment that are manifested for flight; and
(iii) provide a detailed description of the status of
research equipment and facilities that were completed or in
development prior to being cancelled, and provide the budget
and milestones for completing and preparing the equipment for
flight on the International Space Station.
(E) Budget plan.--As part of the plan required in paragraph
(1), the Administrator shall provide a budget plan that
reflects the anticipated use of such activities and the
projected amounts to be required for fiscal years 2010
through 2020 to accomplish the objectives of the activities
described in subparagraphs (A) through (D).
SEC. 602. INTERNATIONAL SPACE STATION NATIONAL LABORATORY
ADVISORY COMMITTEE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish
under the Federal Advisory Committee Act a committee
[[Page 21749]]
to be known as the ``International Space Station National
Laboratory Advisory Committee'' (hereafter in this section
referred to as the ``Committee'').
(b) Membership.--
(1) Composition.--The Committee shall be composed of
individuals representing organizations who have formal
agreements with NASA to utilize the United States portion of
the International Space Station, including allocations within
partner elements.
(2) Chair.--The Administrator shall appoint a chair from
among the members of the Committee, who shall serve for a 2-
year term.
(c) Duties of the Committee.--
(1) In general.--The Committee shall monitor, assess, and
make recommendations regarding effective utilization of the
International Space Station as a national laboratory and
platform for research.
(2) Annual report.--The Committee shall submit to the
Administrator, on an annual basis or more frequently as
considered necessary by a majority of the members of the
Committee, a report containing the assessments and
recommendations required by paragraph (1).
(d) Duration.--The Committee shall exist for the life of
the International Space Station.
SEC. 603. CONTINGENCY PLAN FOR CARGO RESUPPLY.
(a) In General.--The International Space Station represents
a significant investment of national resources, and it is a
facility that embodies a cooperative international approach
to the exploration and utilization of space. As such, it is
important that its continued viability and productivity be
ensured, to the maximum extent possible, after the Space
Shuttle is retired.
(b) Contingency Plan.--The Administrator shall develop a
contingency plan and arrangements, including use of
International Space Station international partner cargo
resupply capabilities, to ensure the continued viability and
productivity of the International Space Station in the event
that United States commercial cargo resupply services are not
available during any extended period after the date that the
Space Shuttle is retired. The plan shall be delivered to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than one year after
the date of enactment of this Act.
SEC. 604. SENSE OF CONGRESS ON USE OF SPACE LIFE SCIENCES
LABORATORY AT KENNEDY SPACE CENTER.
It is the sense of Congress that the Space Life Sciences
Laboratory at Kennedy Space Center represents a key
investment and asset in the International Space Station
National Laboratory capability. The laboratory is
specifically designed to provide pre-flight, in-flight, and
post-flight support services for International Space Station
end-users, and should be utilized in this manner when
appropriate.
Subtitle B--Space Shuttle
SEC. 611. SPACE SHUTTLE FLIGHT REQUIREMENTS.
(a) Report on U.S. Human Spaceflight Capabilities.--Section
501(c) of the National Aeronautics and Space Administration
Authorization Act of 2005 (42 U.S.C. 16761(c)) is amended by
striking the matter before paragraph (1) and inserting the
following: ``Not later than 90 days after the date of
enactment of the National Aeronautics and Space
Administration Authorization Act of 2008, the Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives a report on the
lack of a United States human space flight system to replace
the Space Shuttle upon its planned retirement, currently
scheduled for 2010, and the ability of the United States to
uphold the policy described in subsection (a), including a
description of--''.
(b) Baseline Manifest.--In addition to the Space Shuttle
flights listed as part of the baseline flight manifest as of
January 1, 2008, the Utilization flights ULF-4 and ULF-5
shall be considered part of the Space Shuttle baseline flight
manifest and shall be flown prior to the retirement of the
Space Shuttle, currently scheduled for 2010.
(c) Additional Flight to Deliver the Alpha Magnetic
Spectrometer and Other Scientific Equipment and Payloads to
the International Space Station.--
(1) In general.--In addition to the flying of the baseline
manifest as described in subsection (b), the Administrator
shall take all necessary steps to fly one additional Space
Shuttle flight to deliver the Alpha Magnetic Spectrometer and
other scientific equipment and payloads to the International
Space Station prior to the retirement of the Space Shuttle.
The purpose of the mission required to be planned under this
subsection shall be to ensure the active use of the United
States portion of the International Space Station as a
National Laboratory by the delivery of the Alpha Magnetic
Spectrometer, and to the extent practicable, the delivery of
flight-ready research experiments prepared under the
Memoranda of Understanding between NASA and other entities to
facilitate the utilization of the International Space Station
National Laboratory, as well as other fundamental and applied
life sciences and other microgravity research experiments to
the International Space Station as soon as the assembly of
the International Space Station is completed.
(2) Flight schedule.--If the Administrator, within 12
months before the scheduled date of the additional Space
Shuttle flight authorized by paragraph (1), determines that--
(A) NASA will be unable to meet that launch date before the
end of calendar year 2010, unless the President decides to
extend Shuttle operations beyond 2010, or
(B) implementation of the additional flight requirement
would, in and of itself, result in--
(i) significant increased costs to NASA over the cost
estimate of the additional flight as determined by the
Independent Program Assessment Office, or
(ii) unacceptable safety risks associated with making the
flight before termination of the Space Shuttle program,
the Administrator shall notify the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology of the
determination, and provide a detailed explanation of the
basis for that determination. After the notification is
provided to the Committees, the Administrator shall remove
the flight from the Space Shuttle schedule unless the
Congress by law reauthorizes the flight or the President
certifies that it is in the national interest to fly the
mission.
(d) Termination or Suspension of Activities That Would
Preclude Continued Flight of Space Shuttle Prior to Review by
the Incoming 2009 Presidential Administration.--
(1) In general.--The Administrator shall terminate or
suspend any activity of the Agency that, if continued between
the date of enactment of this Act and April 30, 2009, would
preclude the continued safe and effective flight of the Space
Shuttle after fiscal year 2010 if the first President
inaugurated on January 20, 2009, were to make a determination
to delay the Space Shuttle's scheduled retirement.
(2) Report on impact of compliance.--Within 90 days after
the date of enactment of this Act, the Administrator shall
provide a report to the Congress describing the expected
budgetary and programmatic impacts from compliance with
paragraph (1). The report shall include--
(A) a summary of the actions taken to ensure the option to
continue space shuttle flights beyond the end of fiscal year
2010 is not precluded before April 30, 2009;
(B) an estimate of additional costs incurred by each
specific action identified in the summary provided under
subparagraph (A);
(C) a description of the proposed plan for allocating those
costs among anticipated fiscal year 2009 appropriations or
existing budget authority;
(D) a description of any programmatic impacts within the
Space Operations Mission Directorate that would result from
reallocations of funds to meet the requirements of paragraph
(1);
(E) a description of any additional authority needed to
enable compliance with the requirements of paragraph (1); and
(F) a description of any potential disruption to the timely
progress of development milestones in the preparation of
infrastructure or work-force requirements for shuttle follow-
on launch systems.
(e) Report on Impacts of Space Shuttle Extension.--Within
120 days after the date of enactment of this Act, the
Administrator shall provide a report to the Congress
outlining options, impacts, and associated costs of ensuring
the safe and effective operation of the Space Shuttle at the
minimum rate necessary to support International Space Station
operations and resupply, including for both a near-term, 1-
to 2-year extension of Space Shuttle operations and for a
longer term, 3- to 6-year extension. The report shall include
an assessment of--
(1) annual fixed and marginal costs, including
identification and cost impacts of options for cost-sharing
with the Constellation program and including the impact of
those cost-sharing options on the Constellation program;
(2) the safety of continuing the use of the Space Shuttle
beyond 2010, including a probability risk assessment of a
catastrophic accident before completion of the extended Space
Shuttle flight program, the underlying assumptions used in
calculating that probability, and comparing the associated
safety risks with those of other existing and planned human-
rated launch systems, including the Soyuz and Constellation
vehicles;
(3) a description of the activities and an estimate of the
associated costs that would be needed to maintain or improve
Space Shuttle safety throughout the periods described in the
first sentence of this subsection were the President
inaugurated on January 20, 2009, to extend Space Shuttle
operations beyond 2010, the correctly anticipated date of
Space Shuttle retirement;
(4) the impacts on facilities, workforce, and resources for
the Constellation program and on the cost and schedule of
that program;
[[Page 21750]]
(5) assumptions regarding workforce, skill mix, launch and
processing infrastructure, training, ground support, orbiter
maintenance and vehicle utilization, and other relevant
factors, as appropriate, used in deriving the cost and
schedule estimates for the options studied;
(6) the extent to which program management, processes, and
workforce and contractor assignments can be integrated and
streamlined for maximum efficiency to support continued
shuttle flights while transitioning to the Constellation
program, including identification of associated cost impacts
on both the Space Shuttle and the Constellation program;
(7) the impact of a Space Shuttle flight program extention
on the United States' dependence on Russia for International
Space Station crew rescue services; and
(8) the potential for enhancements of International Space
Station research, logistics, and maintenance capabilities
resulting from extended Shuttle flight operations and the
costs associated with implementing any such enhancements.
SEC. 612. UNITED STATES COMMERCIAL CARGO CAPABILITY STATUS.
The Administrator shall determine the degree to which an
increase in the amounts authorized to be appropriated under
section 101(3) for the Commercial Orbital Transportation
Services project to be used by Phase One team members of such
project in fiscal year 2009 would reasonably be expected to
accelerate development of Capabilities A, B, and C of such
project to an effective operations capability as close to
2010 as possible.
SEC. 613. SPACE SHUTTLE TRANSITION.
(a) Disposition of Shuttle-Related Assets.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Administrator shall submit to
Congress a plan describing the process for the disposition of
the remaining Space Shuttle Orbiters and other Space Shuttle
program-related hardware after the retirement of the Space
Shuttle fleet.
(2) Plan requirements.--The plan submitted under paragraph
(1) shall include a description of a process by which
educational institutions, science museums, and other
appropriate organizations may acquire, through loan or
disposal by the Federal Government, Space Shuttle program
hardware.
(3) Prohibition on disposition before completion of plan.--
The Administrator shall not dispose of any Space Shuttle
program hardware before the plan required by paragraph (1) is
submitted to Congress.
(b) Space Shuttle Transition Liaison Office.--
(1) Establishment.--The Administrator shall develop a plan
and establish a Space Shuttle Transition Liaison Office
within the Office of Human Capital Management of NASA to
assist local communities affected by the termination of the
Space Shuttle program in mitigating the negative impacts on
such communities caused by such termination. The plan shall
define the size of the affected local community that would
receive assistance described in paragraph (2).
(2) Manner of assistance.--In providing assistance under
paragraph (1), the office established under such paragraph
shall--
(A) offer nonfinancial, technical assistance to communities
described in such paragraph to assist in the mitigation
described in such paragraph; and
(B) serve as a clearinghouse to assist such communities in
identifying services available from other Federal, State, and
local agencies to assist in such mitigation.
(3) Termination of office.--The office established under
paragraph (1) shall terminate 2 years after the completion of
the last Space Shuttle flight.
(4) Submission.--Not later than 180 days after the date of
enactment of this Act, NASA shall provide a copy of the plan
required by paragraph (1) to the Congress.
SEC. 614. AEROSPACE SKILLS RETENTION AND INVESTMENT
REUTILIZATION REPORT.
(a) In General.--The Administrator shall, in consultation
with other Federal agencies, as appropriate--
(1) carry out an analysis of the facilities and human
capital resources that will become available as a result of
the retirement of the Space Shuttle program; and
(2) identify on-going or future Federal programs and
projects that could use such facilities and resources.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report--
(1) on the analysis required by paragraph (1) of subsection
(a), including the findings of the Administrator with respect
to such analysis; and
(2) describing the programs and projects identified under
paragraph (2) of such subsection.
SEC. 615. TEMPORARY CONTINUATION OF COVERAGE OF HEALTH
BENEFITS.
(a) In General.--Section 8905a(d) of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(6)(A) If the basis for continued coverage under this
section is, as a result of the termination of the Space
Shuttle Program, an involuntary separation from a position
due to a reduction-in-force or declination of a directed
reassignment or transfer of function, or a voluntary
separation from a surplus position in the National
Aeronautics and Space Administration--
``(i) the individual shall be liable for not more than the
employee contributions referred to in paragraph (1)(A)(i);
and
``(ii) the National Aeronautics and Space Administration
shall pay the remaining portion of the amount required under
paragraph (1)(A).
``(B) This paragraph shall only apply with respect to
individuals whose continued coverage is based on a separation
occurring on or after the date of enactment of this paragraph
and before December 31, 2010.
``(C) For purposes of this paragraph, `surplus position'
means a position which is--
``(i) identified in pre-reduction-in-force planning as no
longer required, and which is expected to be eliminated under
formal reduction-in-force procedures as a result of the
termination of the Space Shuttle Program; or
``(ii) encumbered by an employee who has received official
certification from the National Aeronautics and Space
Administration consistent with the Administration's career
transition assistance program regulations that the position
is being abolished as a result of the termination of the
Space Shuttle Program.''.
(b) Conforming Amendment.--Paragraph (1)(A) of such
subsection (d) is amended by striking ``(4) and (5)'' and
inserting ``(4), (5), and (6)''.
SEC. 616. ACCOUNTING REPORT.
Within 180 days after the date of enactment of this Act,
the Administrator shall provide to the Committee on Science
and Technology of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that will summarize any actions taken or
planned to be taken during fiscal years 2008 and 2009 to
begin reductions in expenditures and activities related to
the Space Shuttle program. The report shall include a summary
of any actual or anticipated cost savings to the Space
Shuttle program relative to the FY 2008 and FY 2009 Space
Shuttle program budgets and runout projections as a result of
such actions, as well as a summary of any actual or
anticipated liens or budgetary challenges to the Space
Shuttle program during fiscal years 2008 and 2009.
Subtitle C--Launch Services
SEC. 621. LAUNCH SERVICES STRATEGY.
(a) In General.--In preparation for the award of contracts
to follow up on the current NASA Launch Services (NLS)
contracts, the Administrator shall develop a strategy for
providing domestic commercial launch services in support of
NASA's small and medium-sized Science, Space Operations, and
Exploration missions, consistent with current law and policy.
(b) Report.--The Administrator shall transmit a report to
the Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate describing the strategy
developed under subsection (a) not later than 90 days after
the date of enactment of this Act. The report shall provide,
at a minimum--
(1) the results of the Request for Information on small to
medium-sized launch services released on April 22, 2008;
(2) an analysis of possible alternatives to maintain small
and medium-sized lift capabilities after June 30, 2010,
including the use of the Department of Defense's Evolved
Expendable Launch Vehicle (EELV);
(3) the recommended alternatives, and associated 5-year
budget plans starting in October 2010 that would enable their
implementation; and
(4) a contingency plan in the event the recommended
alternatives described in paragraph (3) are not available
when needed.
TITLE VII--EDUCATION
SEC. 701. RESPONSE TO REVIEW.
(a) Plan.--The Administrator shall prepare a plan
identifying actions taken or planned in response to the
recommendations of the National Academies report, ``NASA's
Elementary and Secondary Education Program: Review and
Critique''. For those actions that have not been implemented,
the plan shall include a schedule and budget required to
support the actions.
(b) Report.--The plan prepared under subsection (a) shall
be transmitted to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate not later than 1
year after the date of enactment of this Act.
SEC. 702. EXTERNAL REVIEW OF EXPLORER SCHOOLS PROGRAM.
(a) Review.--The Administrator shall make arrangements for
an independent external review of the Explorer Schools
program to evaluate its goals, status, plans, and
accomplishments.
(b) Report.--The report of the independent external review
shall be transmitted to the Committee on Science and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate not
later than 1 year after the date of enactment of this Act.
[[Page 21751]]
SEC. 703. SENSE OF CONGRESS ON EARTHKAM AND ROBOTICS
COMPETITIONS.
It is the sense of Congress that NASA's educational
programs are important sources of inspiration and hands-on
learning for the next generation of engineers and scientists
and should be supported. In that regard, programs such as
EarthKAM, which brings NASA directly into American classrooms
by enabling students to talk directly with astronauts aboard
the International Space Station and to take photographs of
Earth from space, and NASA involvement in robotics
competitions for students of all levels, are particularly
worthy undertakings and NASA should support them and look for
additional opportunities to engage students through NASA's
space and aeronautics activities.
SEC. 704. ENHANCEMENT OF EDUCATIONAL ROLE OF NASA.
(a) Sense of Congress.--It is the sense of Congress that
the International Space Station offers a unique opportunity
for Federal agencies to engage students in science,
technology, engineering, and mathematics education. Congress
encourages NASA to include other Federal agencies in its
planning efforts to use the International Space Station
National Laboratory for science, technology, engineering, and
mathematics educational activities.
(b) Experimental Program to Stimulate Competitive
Research.--In order to ensure that research expertise and
talent throughout the Nation is developed and engaged in NASA
research and education activities, NASA shall, as part of its
annual budget submission, detail additional steps that can be
taken to further integrate the participating EPSCoR States in
both existing and new or emerging NASA research programs and
center activities.
(c) National Space Grant College and Fellowship Program.--
NASA shall continue its emphasis on the importance of
education to expand opportunities for Americans to understand
and participate in NASA's aeronautics and space projects by
supporting and enhancing science and engineering education,
research, and public outreach efforts.
TITLE VIII--NEAR-EARTH OBJECTS
SEC. 801. REAFFIRMATION OF POLICY.
(a) Reaffirmation of Policy on Surveying Near-Earth
Asteroids and Comets.--Congress reaffirms the policy set
forth in section 102(g) of the National Aeronautics and Space
Act of 1958 (42 U.S.C. 2451(g)) (relating to surveying near-
Earth asteroids and comets).
(b) Sense of Congress on Benefits of Near-Earth Object
Program Activities.--It is the sense of Congress that the
near-Earth object program activities of NASA will provide
benefits to the scientific and exploration activities of
NASA.
SEC. 802. FINDINGS.
Congress makes the following findings:
(1) Near-Earth objects pose a serious and credible threat
to humankind, as many scientists believe that a major
asteroid or comet was responsible for the mass extinction of
the majority of the Earth's species, including the dinosaurs,
nearly 65,000,000 years ago.
(2) Several such near-Earth objects have only been
discovered within days of the objects' closest approach to
Earth and recent discoveries of such large objects indicate
that many large near-Earth objects remain undiscovered.
(3) Asteroid and comet collisions rank as one of the most
costly natural disasters that can occur.
(4) The time needed to eliminate or mitigate the threat of
a collision of a potentially hazardous near-Earth object with
Earth is measured in decades.
(5) Unlike earthquakes and hurricanes, asteroids and comets
can provide adequate collision information, enabling the
United States to include both asteroid-collision and comet-
collision disaster recovery and disaster avoidance in its
public-safety structure.
(6) Basic information is needed for technical and policy
decisionmaking for the United States to create a
comprehensive program in order to be ready to eliminate and
mitigate the serious and credible threats to humankind posed
by potentially hazardous near-Earth asteroids and comets.
(7) As a first step to eliminate and to mitigate the risk
of such collisions, situation and decision analysis
processes, as well as procedures and system resources, must
be in place well before a collision threat becomes known.
SEC. 803. REQUESTS FOR INFORMATION.
The Administrator shall issue requests for information on--
(1) a low-cost space mission with the purpose of
rendezvousing with, attaching a tracking device, and
characterizing the Apophis asteroid; and
(2) a medium-sized space mission with the purpose of
detecting near-Earth objects equal to or greater than 140
meters in diameter.
SEC. 804. ESTABLISHMENT OF POLICY WITH RESPECT TO THREATS
POSED BY NEAR-EARTH OBJECTS.
Within 2 years after the date of enactment of this Act, the
Director of the OSTP shall--
(1) develop a policy for notifying Federal agencies and
relevant emergency response institutions of an impending
near-Earth object threat, if near-term public safety is at
risk; and
(2) recommend a Federal agency or agencies to be
responsible for--
(A) protecting the United States from a near-Earth object
that is expected to collide with Earth; and
(B) implementing a deflection campaign, in consultation
with international bodies, should one be necessary.
SEC. 805. PLANETARY RADAR CAPABILITY.
The Administrator shall maintain a planetary radar that is
comparable to the capability provided through the Deep Space
Network Goldstone facility of NASA.
SEC. 806. ARECIBO OBSERVATORY.
Congress reiterates its support for the use of the Arecibo
Observatory for NASA-funded near-Earth object-related
activities. The Administrator, using funds authorized in
section 101(a)(1)(B), shall ensure the availability of the
Arecibo Observatory's planetary radar to support these
activities until the National Academies' review of NASA's
approach for the survey and deflection of near-Earth objects,
including a determination of the role of Arecibo, that was
directed to be undertaken by the Fiscal Year 2008 Omnibus
Appropriations Act, is completed.
SEC. 807. INTERNATIONAL RESOURCES.
It is the sense of Congress that, since an estimated 25,000
asteroids of concern have yet to be discovered and monitored,
the United States should seek to obtain commitments for
cooperation from other nations with significant resources for
contributing to a thorough and timely search for such objects
and an identification of their characteristics.
TITLE IX--COMMERCIAL INITIATIVES
SEC. 901. SENSE OF CONGRESS.
It is the sense of Congress that a healthy and robust
commercial sector can make significant contributions to the
successful conduct of NASA's space exploration program. While
some activities are inherently governmental in nature, there
are many other activities, such as routine supply of water,
fuel, and other consumables to low Earth orbit or to
destinations beyond low Earth orbit, and provision of power
or communications services to lunar outposts, that
potentially could be carried out effectively and efficiently
by the commercial sector at some point in the future.
Congress encourages NASA to look for such service
opportunities and, to the maximum extent practicable, make
use of the commercial sector to provide those services. It is
further the sense of Congress that United States
entrepreneurial space companies have the potential to develop
and deliver innovative technology solutions at affordable
costs. NASA is encouraged to use United States
entrepreneurial space companies to conduct appropriate
research and development activities. NASA is further
encouraged to seek ways to ensure that firms that rely on
fixed-price proposals are not disadvantaged when NASA seeks
to procure technology development.
SEC. 902. COMMERCIAL CREW INITIATIVE.
(a) In General.--In order to stimulate commercial use of
space, help maximize the utility and productivity of the
International Space Station, and enable a commercial means of
providing crew transfer and crew rescue services for the
International Space Station, NASA shall--
(1) make use of United States commercially provided
International Space Station crew transfer and crew rescue
services to the maximum extent practicable, if those
commercial services have demonstrated the capability to meet
NASA-specified ascent, entry, and International Space Station
proximity operations safety requirements;
(2) limit, to the maximum extent practicable, the use of
the Crew Exploration Vehicle to missions carrying astronauts
beyond low Earth orbit once commercial crew transfer and crew
rescue services that meet safety requirements become
operational;
(3) facilitate, to the maximum extent practicable, the
transfer of NASA-developed technologies to potential United
States commercial crew transfer and rescue service providers,
consistent with United States law; and
(4) issue a notice of intent, not later than 180 days after
the date of enactment of this Act, to enter into a funded,
competitively awarded Space Act Agreement with 2 or more
commercial entities for a Phase 1 Commercial Orbital
Transportation Services crewed vehicle demonstration program.
(b) Congressional Intent.--It is the intent of Congress
that funding for the program described in subsection (a)(4)
shall not come at the expense of full funding of the amounts
authorized under section 101(3)(A), and for future fiscal
years, for Orion Crew Exploration Vehicle development, Ares I
Crew Launch Vehicle development, or International Space
Station cargo delivery.
(c) Additional Technologies.--NASA shall make International
Space Station-compatible docking adaptors and other relevant
technologies available to the commercial crew providers
selected to service the International Space Station.
(d) Crew Transfer and Crew Rescue Services Contract.--If a
commercial provider demonstrates the capability to provide
International Space Station crew transfer and crew rescue
services and to satisfy NASA ascent, entry, and International
Space
[[Page 21752]]
Station proximity operations safety requirements, NASA shall
enter into an International Space Station crew transfer and
crew rescue services contract with that commercial provider
for a portion of NASA's anticipated International Space
Station crew transfer and crew rescue requirements from the
time the commercial provider commences operations under
contract with NASA through calendar year 2016, with an option
to extend the period of performance through calendar year
2020.
TITLE X--REVITALIZATION OF NASA INSTITUTIONAL CAPABILITIES
SEC. 1001. REVIEW OF INFORMATION SECURITY CONTROLS.
(a) Report on Controls.--Not later than one year after the
date of enactment of this Act, the Comptroller General shall
transmit to the Committee on Science and Technology of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a review of
information security controls that protect NASA's information
technology resources and information from inadvertent or
deliberate misuse, fraudulent use, disclosure, modification,
or destruction. The review shall focus on networks servicing
NASA's mission directorates. In assessing these controls, the
review shall evaluate--
(1) the network's ability to limit, detect, and monitor
access to resources and information, thereby safeguarding and
protecting them from unauthorized access;
(2) the physical access to network resources; and
(3) the extent to which sensitive research and mission data
is encrypted.
(b) Restricted Report on Intrusions.--Not later than one
year after the date of enactment of this Act, and in
conjunction with the report described in subsection (a), the
Comptroller General shall transmit to the Committee on
Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate a restricted report detailing results of vulnerability
assessments conducted by the Government Accountability Office
on NASA's network resources. Intrusion attempts during such
vulnerability assessments shall be divulged to NASA senior
management prior to their application. The report shall put
vulnerability assessment results in the context of
unauthorized accesses or attempts during the prior two years
and the corrective actions, recent or ongoing, that NASA has
implemented in conjunction with other Federal authorities to
prevent such intrusions.
SEC. 1002. MAINTENANCE AND UPGRADE OF CENTER FACILITIES.
(a) In General.--In order to sustain healthy Centers that
are capable of carrying out NASA's missions, the
Administrator shall ensure that adequate maintenance and
upgrading of those Center facilities is performed on a
regular basis.
(b) Review.--The Administrator shall determine and
prioritize the maintenance and upgrade backlog at each of
NASA's Centers and associated facilities, and shall develop a
strategy and budget plan to reduce that maintenance and
upgrade backlog by 50 percent over the next five years.
(c) Report.--The Administrator shall deliver a report to
Congress on the results of the activities undertaken in
subsection (b) concurrently with the delivery of the fiscal
year 2011 budget request.
SEC. 1003. ASSESSMENT OF NASA LABORATORY CAPABILITIES.
(a) In General.--NASA's laboratories are a critical
component of NASA's research capabilities, and the
Administrator shall ensure that those laboratories remain
productive.
(b) Review.--The Administrator shall enter into an
arrangement for an independent external review of NASA's
laboratories, including laboratory equipment, facilities, and
support services, to determine whether they are equipped and
maintained at a level adequate to support NASA's research
activities. The assessment shall also include an assessment
of the relative quality of NASA's in-house laboratory
equipment and facilities compared to comparable laboratories
elsewhere. The results of the review shall be provided to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate not later than 18 months after
the date of enactment of this Act.
SEC. 1004. STUDY AND REPORT ON PROJECT ASSIGNMENT AND WORK
ALLOCATION OF FIELD CENTERS.
(a) Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall complete a
study of all field centers of NASA, including the Michoud
Assembly Facility.
(2) Matters studied.--The study required by paragraph (1)
shall include the mission and future roles and
responsibilities of the field centers, including the Michoud
Assembly Facility, described in paragraph (1).
(b) Report.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
appropriate congressional committees a report on the study
required by subsection (a)(1).
(2) Content.--The report required by paragraph (1) shall
include the following:
(A) A comprehensive analysis of the work allocation of all
field centers of NASA, including the Michoud Assembly
Facility.
(B) A description of the program and project roles,
functions, and activities assigned to each field center,
including the Michoud Assembly Facility.
(C) Details on how field centers, including the Michoud
Assembly Facility, are selected and designated for lead and
support role work assignments (including program and contract
management assignments).
TITLE XI--OTHER PROVISIONS
SEC. 1101. SPACE WEATHER.
(a) Plan for Replacement of Advanced Composition Explorer
at L-1 Lagrangian Point.--
(1) Plan.--The Director of OSTP shall develop a plan for
sustaining space-based measurements of solar wind from the L-
1 Lagrangian point in space and for the dissemination of the
data for operational purposes. OSTP shall consult with NASA,
NOAA, and other Federal agencies, and with industry, in
developing the plan.
(2) Report.--The Director shall transmit the plan to
Congress not later than 1 year after the date of enactment of
this Act.
(b) Assessment of the Impact of Space Weather on
Aviation.--
(1) Study.--The Director of OSTP shall enter into an
arrangement with the National Research Council for a study of
the impacts of space weather on the current and future United
States aviation industry, and in particular to examine the
risks for Over-The-Pole (OTP) and Ultra-Long-Range (ULR)
operations. The study shall--
(A) examine space weather impacts on, at a minimum,
communications, navigation, avionics, and human health in
flight;
(B) assess the benefits of space weather information and
services to reduce aviation costs and maintain safety; and
(C) provide recommendations on how NOAA, the National
Science Foundation, and other relevant agencies, can most
effectively carry out research and monitoring activities
related to space weather and aviation.
(2) Report.--A report containing the results of the study
shall be provided to the Committee on Science and Technology
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than 1 year after the date of enactment of this Act.
SEC. 1102. INITIATION OF DISCUSSIONS ON DEVELOPMENT OF
FRAMEWORK FOR SPACE TRAFFIC MANAGEMENT.
(a) Finding.--Congress finds that as more countries acquire
the capability for launching payloads into outer space, there
is an increasing need for a framework under which information
intended to promote safe access into outer space, operations
in outer space, and return from outer space to Earth free
from physical or radio-frequency interference can be shared
among those countries.
(b) Discussions.--The Administrator shall, in consultation
with such other agencies of the Federal Government as the
Administrator considers appropriate, initiate discussions
with the appropriate representatives of other space-faring
countries to determine an appropriate frame-work under which
information intended to promote safe access into outer space,
operations in outer space, and return from outer space to
Earth free from physical or radio-frequency interference can
be shared among those nations.
SEC. 1103. ASTRONAUT HEALTH CARE.
(a) Survey.--The Administrator shall administer an
anonymous survey of astronauts and flight surgeons to
evaluate communication, relationships, and the effectiveness
of policies. The survey questions and the analysis of results
shall be evaluated by experts independent of NASA. The survey
shall be administered on at least a biennial basis.
(b) Report.--The Administrator shall transmit a report of
the results of the survey to Congress not later than 90 days
following completion of the survey.
SEC. 1104. NATIONAL ACADEMIES DECADAL SURVEYS.
(a) In General.--The Administrator shall enter into
agreements on a periodic basis with the National Academies
for independent assessments, also known as decadal surveys,
to take stock of the status and opportunities for Earth and
space science discipline fields and Aeronautics research and
to recommend priorities for research and programmatic areas
over the next decade.
(b) Independent Cost Estimates.--The agreements described
in subsection(a) shall include independent estimates of the
life cycle costs and technical readiness of missions assessed
in the decadal surveys whenever possible.
(c) Reexamination.--The Administrator shall request that
each National Academies decadal survey committee identify any
conditions or events, such as significant cost growth or
scientific or technological advances, that would warrant NASA
asking the National Academies to reexamine the priorities
that the decadal survey had established.
SEC. 1105. INNOVATION PRIZES.
(a) In General.--Prizes can play a useful role in
encouraging innovation in the development of technologies and
products that can assist NASA in its aeronautics and space
activities, and the use of such prizes by NASA should be
encouraged.
[[Page 21753]]
(b) Amendments.--Section 314 of the National Aeronautics
and Space Act of 1958 is amended--
(1) by amending subsection (b) to read as follows:
``(b) Topics.--In selecting topics for prize competitions,
the Administrator shall consult widely both within and
outside the Federal Government, and may empanel advisory
committees. The Administrator shall give consideration to
prize goals such as the demonstration of the ability to
provide energy to the lunar surface from space-based solar
power systems, demonstration of innovative near-Earth object
survey and deflection strategies, and innovative approaches
to improving the safety and efficiency of aviation
systems.''; and
(2) in subsection (i)(4) by striking ``$10,000,000'' and
inserting ``$50,000,000''.
SEC. 1106. COMMERCIAL SPACE LAUNCH RANGE STUDY.
(a) Study by Interagency Committee.--The Director of OSTP
shall work with other appropriate Federal agencies to
establish an interagency committee to conduct a study to--
(1) identify the issues and challenges associated with
establishing space launch ranges and facilities that are
fully dedicated to commercial space missions in close
proximity to Federal launch ranges or other Federal
facilities; and
(2) develop a coordinating mechanism such that States
seeking to establish such commercial space launch ranges will
be able to effectively and efficiently interface with the
Federal Government concerning issues related to the
establishment of such commercial launch ranges in close
proximity to Federal launch ranges or other Federal
facilities.
(b) Report.--The Director shall, not later than May 31,
2010, submit to the Committee on Science and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the
results of the study conducted under subsection (a).
SEC. 1107. NASA OUTREACH PROGRAM.
(a) Establishment.--NASA shall competitively select an
organization to partner with NASA centers, aerospace
contractors, and academic institutions to carry out a program
to help promote the competitiveness of small, minority-owned,
and women-owned businesses in communities across the United
States through enhanced insight into the technologies of
NASA's space and aeronautics programs. The program shall
support the mission of NASA's Innovative Partnerships Program
with its emphasis on joint partnerships with industry,
academia, government agencies, and national laboratories.
(b) Program Structure.--In carrying out the program
described in subsection (a), the organization shall support
the mission of NASA's Innovative Partnerships Program by
undertaking the following activities:
(1) Facilitating the enhanced insight of the private sector
into NASA's technologies in order to increase the
competitiveness of the private sector in producing viable
commercial products.
(2) Creating a network of academic institutions, aerospace
contractors, and NASA centers that will commit to donating
appropriate technical assistance to small businesses, giving
preference to socially and economically disadvantaged small
business concerns, small business concerns owned and
controlled by service-disabled veterans, and HUBZone small
business concerns. This paragraph shall not apply to any
contracting actions entered into or taken by NASA.
(3) Creating a network of economic development
organizations to increase the awareness and enhance the
effectiveness of the program nationwide.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Administrator shall submit a report to the Committee on
Science and Technology of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the
Senate describing the efforts and accomplishments of the
program established under subsection (a) in support of NASA's
Innovative Partnerships Program. As part of the report, the
Administrator shall provide--
(1) data on the number of small businesses receiving
assistance, jobs created and retained, and volunteer hours
donated by NASA, contractors, and academic institutions
nationwide;
(2) an estimate of the total dollar value of the economic
impact made by small businesses that received technical
assistance through the program; and
(3) an accounting of the use of funds appropriated for the
program.
SEC. 1108. REDUCTION-IN-FORCE MORATORIUM.
NASA shall not initiate or implement a reduction-in-force,
or conduct any other involuntary separations of permanent,
non-Senior Executive Service, civil servant employees before
December 31, 2010, except for cause on charges of misconduct,
delinquency, or inefficiency.
SEC. 1109. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY,
AND COMMUNICATION WITHIN NASA.
(a) Sense of the Congress.--It is the sense of Congress
that NASA should not dilute, distort, suppress, or impede
scientific research or the dissemination thereof.
(b) Study.--Within 60 days after the date of enactment of
this Act, the Comptroller General shall--
(1) initiate a study to be completed within 270 days to
determine whether the regulations set forth in part 1213 of
title 14, Code of Federal Regulations, are being implemented
in a clear and consistent manner by NASA to ensure the
dissemination of research; and
(2) transmit a report to the Congress setting forth the
Comptroller General's findings, conclusions, and
recommendations.
(c) Research.--The Administrator shall work to ensure that
NASA's policies on the sharing of climate related data
respond to the recommendations of the Government
Accountability Office's report on climate change research and
data-sharing policies and to the recommendations on the
processing, distribution, and archiving of data by the
National Academies Earth Science Decadal Survey, ``Earth
Science and Applications from Space'', and other relevant
National Academies reports, to enhance and facilitate their
availability and widest possible use to ensure public access
to accurate and current data on global warming.
SEC. 1110. SENSE OF CONGRESS REGARDING THE NEED FOR A ROBUST
WORKFORCE.
It is the sense of Congress that--
(1) a robust and highly skilled workforce is critical to
the success of NASA's programs;
(2) voluntary attrition, the retirement of many senior
workers, and difficulties in recruiting could leave NASA
without access to the intellectual capital necessary to
compete with its global competitors; and
(3) NASA should work cooperatively with other agencies of
the United States Government responsible for programs related
to space and the aerospace industry to develop and implement
policies, including those with an emphasis on improving
science, technology, engineering, and mathematics education
at all levels, to sustain and expand the diverse workforce
available to NASA.
SEC. 1111. METHANE INVENTORY.
Within 12 months after the date of enactment of this Act,
the Director of OSTP, in conjunction with the Administrator,
the Administrator of NOAA, and other appropriate Federal
agencies and academic institutions, shall develop a plan,
including a cost estimate and timetable, and initiate an
inventory of natural methane stocks and fluxes in the polar
region of the United States.
SEC. 1112. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT
REQUIREMENT.
Section 526(a) of the Energy Independence and Security Act
of 2007 (42 U.S.C. 17142(a)) does not prohibit NASA from
entering into a contract to purchase a generally available
fuel that is not an alternative or synthetic fuel or
predominantly produced from a nonconventional petroleum
source, if--
(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel or
fuel from a nonconventional petroleum source;
(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a nonconventional
petroleum source; and
(3) the contract does not provide incentives for a refinery
upgrade or expansion to allow a refinery to use or increase
its use of fuel from a nonconventional petroleum source.
SEC. 1113. SENSE OF CONGRESS ON THE IMPORTANCE OF THE NASA
OFFICE OF PROGRAM ANALYSIS AND EVALUATION.
(a) Office of Program Analysis and Evaluation.--It is the
sense of Congress that it is important for NASA to maintain
an Office of Program Analysis and Evaluation that has as its
mission:
(1) To develop strategic plans for NASA in accordance with
section 306 of title 5, United States Code.
(2) To develop annual performance plans for NASA in
accordance with section 1115 of title 31, United States Code.
(3) To provide analysis and recommendations to the
Administrator on matters relating to the planning and
programming phases of the Planning, Programming, Budgeting,
and Execution system of NASA.
(4) To provide analysis and recommendations to the
Administrator on matters relating to acquisition management
and program oversight, including cost-estimating processes,
contractor cost reporting processes, and contract performance
assessments.
(b) Objectives.--It is further the sense of Congress that
in performing those functions, the objectives of the Office
should be the following:
(1) To align NASA's mission, strategic plan, budget, and
performance plan with strategic goals and institutional
requirements of NASA.
(2) To provide objective analysis of programs and
institutions of NASA--
(A) to generate investment options for NASA; and
(B) to inform strategic decision making in NASA.
(3) To enable cost-effective, strategically aligned
execution of programs and projects by NASA.
(4) To perform independent cost estimation in support of
NASA decision making and establishment of standards for
agency cost analysis.
(5) To ensure that budget formulation and execution are
consistent with strategic investment decisions of NASA.
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(6) To provide independent program and project reviews that
address the credibility of technical, cost, schedule, risk,
and management approaches with respect to available
resources.
(7) To facilitate progress by NASA toward meeting the
commitments of NASA.
SEC. 1114. SENSE OF CONGRESS ON ELEVATING THE IMPORTANCE OF
SPACE AND AERONAUTICS WITHIN THE EXECUTIVE
OFFICE OF THE PRESIDENT.
It is the sense of Congress that the President should
elevate the importance of space and aeronautics within the
Executive Office of the President by organizing the
interagency focus on space and aeronautics matters in as
effective a manner as possible, such as by means of the
National Space Council authorized by section 501 of the
National Aeronautics and Space Administration Authorization
Act, Fiscal Year 1989 (42 U.S.C. 2471) or other appropriate
mechanisms.
SEC. 1115. STUDY ON LEASING PRACTICES OF FIELD CENTERS.
(a) Study.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall complete a
study on the leasing practices of all field centers of NASA,
including the Michoud Assembly Facility. Such study shall
include the following:
(1) The method by which overhead maintenance expenses are
distributed among tenants of such field centers.
(2) Identification of the impacts of such method on
attracting businesses and partnerships to such field centers.
(3) Identification of the steps that can be taken to
mitigate any adverse impacts identified under paragraph (2).
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Science and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the study required
by subsection (a), including the following:
(1) The findings of the Administrator with respect to such
study.
(2) A description of the impacts identified under
subsection (a)(2).
(3) The steps identified under subsection (a)(3).
SEC. 1116. COOPERATIVE UNMANNED AERIAL VEHICLE ACTIVITIES.
The Administrator, in cooperation with the Administrator of
NOAA and in coordination with other agencies that have
existing civil capabilities, shall continue to utilize the
capabilities of unmanned aerial vehicles as appropriate in
support of NASA and interagency cooperative missions. The
Administrator may enter into cooperative agreements with
universities with unmanned aerial vehicle programs and
related assets to conduct collaborative research and
development activities, including development of appropriate
applications of small unmanned aerial vehicle technologies
and systems in remote areas.
SEC. 1117. DEVELOPMENT OF ENHANCED-USE LEASE POLICY.
(a) In General.--The Administrator shall develop an agency-
wide enhanced-use lease policy that--
(1) is based upon sound business practices and lessons
learned from the demonstration centers; and
(2) establishes controls and procedures to ensure
accountability and protect the interests of the Government.
(b) Contents.--The policy required by subsection (a) shall
include the following:
(1) Criteria for determining whether enhanced-use lease
provides better economic value to the Government than other
options, such as--
(A) Federal financing through appropriations; or
(B) sale of the property.
(2) Requirement for the identification of proposed physical
and procedural changes needed to ensure security and restrict
access to specified areas, coordination of proposed changes
with existing site tenants, and development of estimated
costs of such changes.
(3) Measures of effectiveness for the enhanced-use lease
program.
(4) Accounting controls and procedures to ensure
accountability, such as an audit trail and documentation to
readily support financial transactions.
(c) Annual Report.--Section 315(f) of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C.
2459j(f)) is amended to read as follows:
``(f) Reporting Requirements.--The Administrator shall
submit an annual report by January 31st of each year. Such
report shall include the following:
``(1) Information that identifies and quantifies the value
of the arrangements and expenditures of revenues received
under this section.
``(2) The availability and use of funds received under this
section for the Agency's operating plan.''.
(d) Distribution of Cash Consideration Received.--
(1) In general.--Section 315(b)(3)(B) of such Act (42
U.S.C. 2459j(b)(3)(B)) is amended to read as follows:
``(B) Of any amounts of cash consideration received under
this subsection that are not utilized in accordance with
subparagraph (A)--
``(i) 35 percent shall be deposited in a capital asset
account to be established by the Administrator, shall be
available for maintenance, capital revitalization, and
improvements of the real property assets and related personal
property under the jurisdiction of the Administrator, and
shall remain available until expended; and
``(ii) the remaining 65 percent shall be available to the
respective center or facility of the Administration engaged
in the lease of nonexcess real property, and shall remain
available until expended for maintenance, capital
revitalization, and improvements of the real property assets
and related personal property at the respective center or
facility subject to the concurrence of the Administrator.''.
(2) Conforming amendments.--Section 533 of the Consolidated
Appropriations Act, 2008 (Pub1ic Law 110-161; 121 Stat. 1931)
is amended--
(A) by amending subsection (b)(4) to read as follows:
``(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection, by adding at the end the following new
subparagraph:
`` `(C) Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.'.''; and
(B) in subsection (d)--
(i) by striking ``the following new subsection (f)'' and
inserting ``the following new subsection''; and
(ii) in the quoted matter, by redesignating subsection (f)
as subsection (g).
SEC. 1118. SENSE OF CONGRESS WITH RESPECT TO THE MICHOUD
ASSEMBLY FACILITY AND NASA'S OTHER CENTERS AND
FACILITIES.
It is the sense of Congress that the Michoud Assembly
Facility represents a unique resource in the facilitation of
the Nation's exploration programs and that every effort
should be made to ensure the effective utilization of that
resource, as well as NASA's other centers and facilities.
SEC. 1119. REPORT ON U.S. INDUSTRIAL BASE FOR LAUNCH VEHICLE
ENGINES.
Not later than 180 days after the date of Enactment of this
Act, the Director of the Office of Science and Technology
Policy shall submit to Congress a report setting forth the
assessment of the Director as to the capacity of the United
States industrial base for development and production of
engines to meet United States Government and commercial
requirements for space launch vehicles. The Report required
by this section shall include information regarding existing,
pending, and planned engine developments across a broad
spectrum of thrust capabilities, including propulsion for
sub-orbital, small, medium, and heavy-lift space launch
vehicles.
SEC. 1120. SENSE OF CONGRESS ON PRECURSOR INTERNATIONAL SPACE
STATION RESEARCH.
It is the Sense of Congress that NASA is taking positive
steps to utilize the Space Shuttle as a platform for
precursor International Space Station research by maximizing
to the extent practicable the use of middeck accommodations,
including soft stowage, for near-term scientific and
commercial applications on remaining Space Shuttle flights,
and the Administrator is strongly encouraged to continue to
promote the effective utilization of the Space Shuttle for
precursor research within the constraints of the
International Space Station assembly requirements.
SEC. 1121. LIMITATION ON FUNDING FOR CONFERENCES.
(a) In General.--There are authorized to be appropriated
not more than $5,000,000 for any expenses related to
conferences, including conference programs, travel costs, and
related expenses. No funds authorized under this Act may be
used to support a Space Flight Awareness Launch Honoree Event
conference. The total amount of the funds available under
this Act for other Space Flight Awareness Honoree-related
activities in fiscal year 2009 may not exceed \1/2\ of the
total amount of funds from all sources obligated or expended
on such activities in fiscal year 2008.
(b) Quarterly Reports.--The Administrator shall submit
quarterly reports to the Inspector General of NASA regarding
the costs and contracting procedures relating to each
conference held by NASA during fiscal year 2009 for which the
cost to the Government is more than $20,000. Each report
shall include, for each conference described in that
subsection held during the applicable quarter--
(1) a description of the subject of and number of
participants attending, the conference, including the number
of NASA employees attending and the number of contractors
attending at agency expense;
(2) a detailed statement of the costs to the Government
relating to the conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to the conference; and
[[Page 21755]]
(D) cost of any room, board, travel, and per diem
expenses; and
(3) a description of the contracting procedures relating to
the conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by NASA
in evaluating potential contractors for that conference.
SEC. 1122. REPORT ON NASA EFFICIENCY AND PERFORMANCE.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that contains a
review of NASA programs and associated activities with an
annual funding level of more than $50,000,000 that appear to
be similar in scope and purpose to other activities within
the Federal government, that includes--
(1) a brief description of each NASA program reviewed and
its subordinate activities;
(2) the annual and cumulative appropriation amounts
expended for each program reviewed and its subordinate
activities since fiscal year 2005;
(3) a brief description of each Federal program and its
subordinate activities that appears to have a similar scope
and purpose to a NASA program; and
(4) a review of the formal and informal processes by which
NASA coordinates with other Federal agencies to ensure that
its programs and activities are not duplicative of similar
efforts within the Federal government and that the programs
and activities meet the core mission of NASA, and the degree
of transparency and accountability afforded by those
processes.
(b) Duplicative Programs.--If the Comptroller General
determines, under subsection (a)(4), that any deficiency
exists in the NASA procedures intended to avoid or eliminate
conflict or duplication with other Federal agency activities,
the Comptroller General shall include a recommendation as to
how such procedures should be modified to ensure similar
programs and associated activities can be consolidated,
eliminated, or streamlined within NASA or within other
Federal agencies to improve efficiency.
______
SA 5649. Mr. NELSON of Florida (for Mr. Levin (for himself and Mr.
Voinovich)) proposed an amendment to the bill H.R. 6460, to amend the
Federal Water Pollution Control Act to provide for the remediation of
sediment contamination in areas of concern, and for other purposes; as
follows:
Strike section 3(f) and all that follows and insert the
following:
(f) Authorization of Appropriations.--Section 118(c)(12)(H)
of such Act (33 U.S.C. 1268(c)(12)(H)) is amended--
(1) by striking clause (i) and inserting the following:
``(i) In general.--In addition to other amounts authorized
under this section, there is authorized to be appropriated to
carry out this paragraph $50,000,000 for each of fiscal years
2004 through 2010.''; and
(2) by adding at the end the following:
``(iii) Allocation of funds.--Not more than 20 percent of
the funds appropriated pursuant to clause (i) for a fiscal
year may be used to carry out subparagraph (F).''.
(g) Public Information Program.--Section 118(c)(13)(B) of
such Act (33 U.S.C. 1268(c)(13)(B)) is amended by striking
``2008'' and inserting ``2010''.
SEC. 4. RESEARCH AND DEVELOPMENT PROGRAM.
Section 106(b) of the Great Lakes Legacy Act of 2002 (33
U.S.C. 1271a(b)) is amended by striking paragraph (1) and
inserting the following:
``(1) In general.--In addition to any amounts authorized
under other provisions of law, there is authorized to be
appropriated to carry out this section $3,000,000 for each of
fiscal years 2004 through 2010.''.
______
SA 5650. Mr. DURBIN (for Mr. Biden (for himself, Mr. Schumer, Mr.
Hatch, Mr. Brown, Mr. Alexander, Mr. Carper, Mr. Allard, Mr. Casey, Mr.
Barrasso, Mr. Dodd, Mr. Brownback, Mrs. Murray, Mr. Chambliss, Mr.
Nelson of Nebraska, Mr. Crapo, Mr. Nelson of Florida, Mr. Cornyn, Mr.
Obama, Mr. Coburn, Mr. Pryor, Mr. Enzi, Mr. Tester, Mr. Graham, Mr.
Grassley, Mrs. Hutchison, Mr. Inhofe, Mr. Isakson, Mr. Kyl, Mr.
Martinez, Mr. McCain, Mr. Roberts, Mr. Sessions, Mr. Shelby, Mr. Smith,
Mr. Sununu, Mr. Thune, Mr. Vitter, Mr. McConnell, Mr. Voinovich, Mr.
Bennett, Mr. Specter, and Mr. Reid)) proposed an amendment to the bill
S. 1738, to require the Department of Justice to develop and implement
a National Strategy Child Exploitation Prevention and Interdiction, to
improve the Internet Crimes Against Children Task Force, to increase
resources for regional computer forensic labs, and to make other
improvements to increase the ability of law enforcement agencies to
investigate and prosecute child predators; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Providing
Resources, Officers, and Technology To Eradicate Cyber
Threats to Our Children Act of 2008'' or the ``PROTECT Our
Children Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
Sec. 101. Establishment of National Strategy for Child Exploitation
Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
Sec. 201. Additional regional computer forensic labs.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
Sec. 301. Prohibit the broadcast of live images of child abuse.
Sec. 302. Amendment to section 2256 of title 18, United States Code.
Sec. 303. Amendment to section 2260 of title 18, United States Code.
Sec. 304. Prohibiting the adaptation or modification of an image of an
identifiable minor to produce child pornography.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
Sec. 401. NIJ study of risk factors for assessing dangerousness.
TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION
Sec. 501. Reporting requirements of electronic communication service
providers and remote computing service providers.
Sec. 502. Reports.
Sec. 503. Severability.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Child exploitation.--The term ``child exploitation''
means any conduct, attempted conduct, or conspiracy to engage
in conduct involving a minor that violates section 1591,
chapter 109A, chapter 110, and chapter 117 of title 18,
United States Code, or any sexual activity involving a minor
for which any person can be charged with a criminal offense.
(2) Child obscenity.--The term ``child obscenity'' means
any visual depiction proscribed by section 1466A of title 18,
United States Code.
(3) Minor.--The term ``minor'' means any person under the
age of 18 years.
(4) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given such term in section
2256 of title 18, United States Code.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD
EXPLOITATION PREVENTION AND INTERDICTION.
(a) In General.--The Attorney General of the United States
shall create and implement a National Strategy for Child
Exploitation Prevention and Interdiction.
(b) Timing.--Not later than 1 year after the date of
enactment of this Act and on February 1 of every second year
thereafter, the Attorney General shall submit to Congress the
National Strategy established under subsection (a).
(c) Required Contents of National Strategy.--The National
Strategy established under subsection (a) shall include the
following:
(1) Comprehensive long-range, goals for reducing child
exploitation.
(2) Annual measurable objectives and specific targets to
accomplish long-term, quantifiable goals that the Attorney
General determines may be achieved during each year beginning
on the date when the National Strategy is submitted.
(3) Annual budget priorities and Federal efforts dedicated
to combating child exploitation, including resources
dedicated to Internet Crimes Against Children task forces,
Project Safe Childhood, FBI Innocent Images Initiative, the
National Center for Missing and Exploited Children, regional
forensic computer labs, Internet Safety programs, and all
other entities whose goal or mission is to combat the
exploitation of children that receive Federal support.
(4) A 5-year projection for program and budget goals and
priorities.
(5) A review of the policies and work of the Department of
Justice related to the prevention and investigation of child
exploitation crimes, including efforts at the Office of
Justice Programs, the Criminal Division of the
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Department of Justice, the Executive Office of United States
Attorneys, the Federal Bureau of Investigation, the Office of
the Attorney General, the Office of the Deputy Attorney
General, the Office of Legal Policy, and any other agency or
bureau of the Department of Justice whose activities relate
to child exploitation.
(6) A description of the Department's efforts to coordinate
with international, State, local, tribal law enforcement, and
private sector entities on child exploitation prevention and
interdiction efforts.
(7) Plans for interagency coordination regarding the
prevention, investigation, and apprehension of individuals
exploiting children, including cooperation and collaboration
with--
(A) Immigration and Customs Enforcement;
(B) the United States Postal Inspection Service;
(C) the Department of State;
(D) the Department of Commerce;
(E) the Department of Education;
(F) the Department of Health and Human Services; and
(G) other appropriate Federal agencies.
(8) A review of the Internet Crimes Against Children Task
Force Program, including--
(A) the number of ICAC task forces and location of each
ICAC task force;
(B) the number of trained personnel at each ICAC task
force;
(C) the amount of Federal grants awarded to each ICAC task
force;
(D) an assessment of the Federal, State, and local
cooperation in each task force, including--
(i) the number of arrests made by each task force;
(ii) the number of criminal referrals to United States
attorneys for prosecution;
(iii) the number of prosecutions and convictions from the
referrals made under clause (ii);
(iv) the number, if available, of local prosecutions and
convictions based on ICAC task force investigations; and
(v) any other information demonstrating the level of
Federal, State, and local coordination and cooperation, as
such information is to be determined by the Attorney General;
(E) an assessment of the training opportunities and
technical assistance available to support ICAC task force
grantees; and
(F) an assessment of the success of the Internet Crimes
Against Children Task Force Program at leveraging State and
local resources and matching funds.
(9) An assessment of the technical assistance and support
available for Federal, State, local, and tribal law
enforcement agencies, in the prevention, investigation, and
prosecution of child exploitation crimes.
(10) A review of the backlog of forensic analysis for child
exploitation cases at each FBI Regional Forensic lab and an
estimate of the backlog at State and local labs.
(11) Plans for reducing the forensic backlog described in
paragraph (10), if any, at Federal, State and local forensic
labs.
(12) A review of the Federal programs related to child
exploitation prevention and education, including those
related to Internet safety, including efforts by the private
sector and nonprofit entities, or any other initiatives, that
have proven successful in promoting child safety and Internet
safety.
(13) An assessment of the future trends, challenges, and
opportunities, including new technologies, that will impact
Federal, State, local, and tribal efforts to combat child
exploitation.
(14) Plans for liaisons with the judicial branches of the
Federal and State governments on matters relating to child
exploitation.
(15) An assessment of Federal investigative and prosecution
activity relating to reported incidents of child exploitation
crimes, which shall include a number of factors, including--
(A) the number of high-priority suspects (identified
because of the volume of suspected criminal activity or
because of the danger to the community or a potential victim)
who were investigated and prosecuted;
(B) the number of investigations, arrests, prosecutions and
convictions for a crime of child exploitation; and
(C) the average sentence imposed and statutory maximum for
each crime of child exploitation.
(16) A review of all available statistical data indicating
the overall magnitude of child pornography trafficking in the
United States and internationally, including--
(A) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other sources of engaging in, peer-
to-peer file sharing of child pornography;
(B) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other reporting sources of engaging
in, buying and selling, or other commercial activity related
to child pornography;
(C) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other sources of engaging in, all
other forms of activity related to child pornography;
(D) the number of tips or other statistical data from the
National Center for Missing and Exploited Children's
CybertTipline and other data indicating the magnitude of
child pornography trafficking; and
(E) any other statistical data indicating the type, nature,
and extent of child exploitation crime in the United States
and abroad.
(17) Copies of recent relevant research and studies related
to child exploitation, including--
(A) studies related to the link between possession or
trafficking of child pornography and actual abuse of a child;
(B) studies related to establishing a link between the
types of files being viewed or shared and the type of illegal
activity; and
(C) any other research, studies, and available information
related to child exploitation.
(18) A review of the extent of cooperation, coordination,
and mutual support between private sector and other entities
and organizations and Federal agencies, including the
involvement of States, local and tribal government agencies
to the extent Federal programs are involved.
(19) The results of the Project Safe Childhood Conference
or other conferences or meetings convened by the Department
of Justice related to combating child exploitation.
(d) Appointment of High-Level Official.--
(1) In general.--The Attorney General shall designate a
senior official at the Department of Justice to be
responsible for coordinating the development of the National
Strategy established under subsection (a).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include--
(A) acting as a liaison with all Federal agencies regarding
the development of the National Strategy;
(B) working to ensure that there is proper coordination
among agencies in developing the National Strategy;
(C) being knowledgeable about budget priorities and
familiar with all efforts within the Department of Justice
and the FBI related to child exploitation prevention and
interdiction; and
(D) communicating the National Strategy to Congress and
being available to answer questions related to the strategy
at congressional hearings, if requested by committees of
appropriate jurisdictions, on the contents of the National
Strategy and progress of the Department of Justice in
implementing the National Strategy.
SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the Department
of Justice, under the general authority of the Attorney
General, a National Internet Crimes Against Children Task
Force Program (hereinafter in this title referred to as the
``ICAC Task Force Program''), which shall consist of a
national program of State and local law enforcement task
forces dedicated to developing effective responses to online
enticement of children by sexual predators, child
exploitation, and child obscenity and pornography cases.
(2) Intent of congress.--It is the purpose and intent of
Congress that the ICAC Task Force Program established under
paragraph (1) is intended to continue the ICAC Task Force
Program authorized under title I of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998, and funded under title IV
of the Juvenile Justice and Delinquency Prevention Act of
1974.
(b) National Program.--
(1) State representation.--The ICAC Task Force Program
established under subsection (a) shall include at least 1
ICAC task force in each State.
(2) Capacity and continuity of investigations.--In order to
maintain established capacity and continuity of
investigations and prosecutions of child exploitation cases,
the Attorney General, shall, in establishing the ICAC Task
Force Program under subsection (a) consult with and consider
all 59 task forces in existence on the date of enactment of
this Act. The Attorney General shall include all existing
ICAC task forces in the ICAC Task Force Program, unless the
Attorney General makes a determination that an existing ICAC
does not have a proven track record of success.
(3) Ongoing review.--The Attorney General shall--
(A) conduct periodic reviews of the effectiveness of each
ICAC task force established under this section; and
(B) have the discretion to establish a new task force if
the Attorney General determines that such decision will
enhance the effectiveness of combating child exploitation
provided that the Attorney General notifies Congress in
advance of any such decision and that each state maintains at
least 1 ICAC task force at all times.
(4) Training.--
(A) In general.--The Attorney General may establish
national training programs to support the mission of the ICAC
task forces, including the effective use of the National
Internet Crimes Against Children Data System.
(B) Limitation.--In establishing training courses under
this paragraph, the Attorney
[[Page 21757]]
General may not award any one entity other than a law
enforcement agency more than $2,000,000 annually to establish
and conduct training courses for ICAC task force members and
other law enforcement officials.
(C) Review.--The Attorney General shall--
(i) conduct periodic reviews of the effectiveness of each
training session authorized by this paragraph; and
(ii) consider outside reports related to the effective use
of Federal funding in making future grant awards for
training.
SEC. 103. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force Program, and each State or local ICAC
task force that is part of the national program of task
forces, shall be dedicated toward--
(1) increasing the investigative capabilities of State and
local law enforcement officers in the detection,
investigation, and apprehension of Internet crimes against
children offenses or offenders, including technology-
facilitated child exploitation offenses;
(2) conducting proactive and reactive Internet crimes
against children investigations;
(3) providing training and technical assistance to ICAC
task forces and other Federal, State, and local law
enforcement agencies in the areas of investigations,
forensics, prosecution, community outreach, and capacity-
building, using recognized experts to assist in the
development and delivery of training programs;
(4) increasing the number of Internet crimes against
children offenses being investigated and prosecuted in both
Federal and State courts;
(5) creating a multiagency task force response to Internet
crimes against children offenses within each State;
(6) participating in the Department of Justice's Project
Safe Childhood initiative, the purpose of which is to combat
technology-facilitated sexual exploitation crimes against
children;
(7) enhancing nationwide responses to Internet crimes
against children offenses, including assisting other ICAC
task forces, as well as other Federal, State, and local
agencies with Internet crimes against children investigations
and prosecutions;
(8) developing and delivering Internet crimes against
children public awareness and prevention programs; and
(9) participating in such other activities, both proactive
and reactive, that will enhance investigations and
prosecutions of Internet crimes against children.
SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.
Each State or local ICAC task force that is part of the
national program of task forces shall--
(1) consist of State and local investigators, prosecutors,
forensic specialists, and education specialists who are
dedicated to addressing the goals of such task force;
(2) work consistently toward achieving the purposes
described in section 103;
(3) engage in proactive investigations, forensic
examinations, and effective prosecutions of Internet crimes
against children;
(4) provide forensic, preventive, and investigative
assistance to parents, educators, prosecutors, law
enforcement, and others concerned with Internet crimes
against children;
(5) develop multijurisdictional, multiagency responses and
partnerships to Internet crimes against children offenses
through ongoing informational, administrative, and
technological support to other State and local law
enforcement agencies, as a means for such agencies to acquire
the necessary knowledge, personnel, and specialized equipment
to investigate and prosecute such offenses;
(6) participate in nationally coordinated investigations in
any case in which the Attorney General determines such
participation to be necessary, as permitted by the available
resources of such task force;
(7) establish or adopt investigative and prosecution
standards, consistent with established norms, to which such
task force shall comply;
(8) investigate, and seek prosecution on, tips related to
Internet crimes against children, including tips from
Operation Fairplay, the National Internet Crimes Against
Children Data System established in section 105, the National
Center for Missing and Exploited Children's CyberTipline,
ICAC task forces, and other Federal, State, and local
agencies, with priority being given to investigative leads
that indicate the possibility of identifying or rescuing
child victims, including investigative leads that indicate a
likelihood of seriousness of offense or dangerousness to the
community;
(9) develop procedures for handling seized evidence;
(10) maintain--
(A) such reports and records as are required under this
title; and
(B) such other reports and records as determined by the
Attorney General; and
(11) seek to comply with national standards regarding the
investigation and prosecution of Internet crimes against
children, as set forth by the Attorney General, to the extent
such standards are consistent with the law of the State where
the task force is located.
SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA
SYSTEM.
(a) In General.--The Attorney General shall establish,
consistent with all existing Federal laws relating to the
protection of privacy, a National Internet Crimes Against
Children Data System. The system shall not be used to search
for or obtain any information that does not involve the use
of the Internet to facilitate child exploitation.
(b) Intent of Congress.--It is the purpose and intent of
Congress that the National Internet Crimes Against Children
Data System established in subsection (a) is intended to
continue and build upon Operation Fairplay developed by the
Wyoming Attorney General's office, which has established a
secure, dynamic undercover infrastructure that has
facilitated online law enforcement investigations of child
exploitation, information sharing, and the capacity to
collect and aggregate data on the extent of the problems of
child exploitation.
(c) Purpose of System.--The National Internet Crimes
Against Children Data System established under subsection (a)
shall be dedicated to assisting and supporting credentialed
law enforcement agencies authorized to investigate child
exploitation in accordance with Federal, State, local, and
tribal laws, including by providing assistance and support
to--
(1) Federal agencies investigating and prosecuting child
exploitation;
(2) the ICAC Task Force Program established under section
102;
(3) State, local, and tribal agencies investigating and
prosecuting child exploitation; and
(4) foreign or international law enforcement agencies,
subject to approval by the Attorney General.
(d) Cyber Safe Deconfliction and Information Sharing.--The
National Internet Crimes Against Children Data System
established under subsection (a)--
(1) shall be housed and maintained within the Department of
Justice or a credentialed law enforcement agency;
(2) shall be made available for a nominal charge to support
credentialed law enforcement agencies in accordance with
subsection (c); and
(3) shall--
(A) allow Federal, State, local, and tribal agencies and
ICAC task forces investigating and prosecuting child
exploitation to contribute and access data for use in
resolving case conflicts;
(B) provide, directly or in partnership with a credentialed
law enforcement agency, a dynamic undercover infrastructure
to facilitate online law enforcement investigations of child
exploitation;
(C) facilitate the development of essential software and
network capability for law enforcement participants; and
(D) provide software or direct hosting and support for
online investigations of child exploitation activities, or,
in the alternative, provide users with a secure connection to
an alternative system that provides such capabilities,
provided that the system is hosted within a governmental
agency or a credentialed law enforcement agency.
(e) Collection and Reporting of Data.--
(1) In general.--The National Internet Crimes Against
Children Data System established under subsection (a) shall
ensure the following:
(A) Real-time reporting.--All child exploitation cases
involving local child victims that are reasonably detectable
using available software and data are, immediately upon their
detection, made available to participating law enforcement
agencies.
(B) High-priority suspects.--Every 30 days, at minimum, the
National Internet Crimes Against Children Data System shall--
(i) identify high-priority suspects, as such suspects are
determined by the volume of suspected criminal activity or
other indicators of seriousness of offense or dangerousness
to the community or a potential local victim; and
(ii) report all such identified high-priority suspects to
participating law enforcement agencies.
(C) Annual reports.--Any statistical data indicating the
overall magnitude of child pornography trafficking and child
exploitation in the United States and internationally is made
available and included in the National Strategy, as is
required under section 101(c)(16).
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the ability of participating law
enforcement agencies to disseminate investigative leads or
statistical information in accordance with State and local
laws.
(f) Mandatory Requirements of Network.--The National
Internet Crimes Against Children Data System established
under subsection (a) shall develop, deploy, and maintain an
integrated technology and training program that provides--
(1) a secure, online system for Federal law enforcement
agencies, ICAC task forces, and other State, local, and
tribal law enforcement agencies for use in resolving case
conflicts, as provided in subsection (d);
(2) a secure system enabling online communication and
collaboration by Federal law enforcement agencies, ICAC task
forces, and
[[Page 21758]]
other State, local, and tribal law enforcement agencies
regarding ongoing investigations, investigatory techniques,
best practices, and any other relevant news and professional
information;
(3) a secure online data storage and analysis system for
use by Federal law enforcement agencies, ICAC task forces,
and other State, local, and tribal law enforcement agencies;
(4) secure connections or interaction with State and local
law enforcement computer networks, consistent with reasonable
and established security protocols and guidelines;
(5) guidelines for use of the National Internet Crimes
Against Children Data System by Federal, State, local, and
tribal law enforcement agencies and ICAC task forces; and
(6) training and technical assistance on the use of the
National Internet Crimes Against Children Data System by
Federal, State, local, and tribal law enforcement agencies
and ICAC task forces.
(g) National Internet Crimes Against Children Data System
Steering Committee.--The Attorney General shall establish a
National Internet Crimes Against Children Data System
Steering Committee to provide guidance to the Network
relating to the program under subsection (f), and to assist
in the development of strategic plans for the System. The
Steering Committee shall consist of 10 members with expertise
in child exploitation prevention and interdiction
prosecution, investigation, or prevention, including--
(1) 3 representatives elected by the local directors of the
ICAC task forces, such representatives shall represent
different geographic regions of the country;
(2) 1 representative of the Department of Justice Office of
Information Services;
(3) 1 representative from Operation Fairplay, currently
hosted at the Wyoming Office of the Attorney General;
(4) 1 representative from the law enforcement agency having
primary responsibility for hosting and maintaining the
National Internet Crimes Against Children Data System;
(5) 1 representative of the Federal Bureau of
Investigation's Innocent Images National Initiative or
Regional Computer Forensic Lab program;
(6) 1 representative of the Immigration and Customs
Enforcement's Cyber Crimes Center;
(7) 1 representative of the United States Postal Inspection
Service; and
(8) 1 representative of the Department of Justice.
(h) Authorization of Appropriations.--There are authorized
to be appropriated for each of the fiscal years 2009 through
2016, $2,000,000 to carry out the provisions of this section.
SEC. 106. ICAC GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Attorney General is authorized to
award grants to State and local ICAC task forces to assist in
carrying out the duties and functions described under section
104.
(2) Formula grants.--
(A) Development of formula.--At least 75 percent of the
total funds appropriated to carry out this section shall be
available to award or otherwise distribute grants pursuant to
a funding formula established by the Attorney General in
accordance with the requirements in subparagraph (B).
(B) Formula requirements.--Any formula established by the
Attorney General under subparagraph (A) shall--
(i) ensure that each State or local ICAC task force shall,
at a minimum, receive an amount equal to 0.5 percent of the
funds available to award or otherwise distribute grants under
subparagraph (A); and
(ii) take into consideration the following factors:
(I) The population of each State, as determined by the most
recent decennial census performed by the Bureau of the
Census.
(II) The number of investigative leads within the
applicant's jurisdiction generated by Operation Fairplay, the
ICAC Data Network, the CyberTipline, and other sources.
(III) The number of criminal cases related to Internet
crimes against children referred to a task force for Federal,
State, or local prosecution.
(IV) The number of successful prosecutions of child
exploitation cases by a task force.
(V) The amount of training, technical assistance, and
public education or outreach by a task force related to the
prevention, investigation, or prosecution of child
exploitation offenses.
(VI) Such other criteria as the Attorney General determines
demonstrate the level of need for additional resources by a
task force.
(3) Distribution of remaining funds based on need.--
(A) In general.--Any funds remaining from the total funds
appropriated to carry out this section after funds have been
made available to award or otherwise distribute formula
grants under paragraph (2)(A) shall be distributed to State
and local ICAC task forces based upon need, as set forth by
criteria established by the Attorney General. Such criteria
shall include the factors under paragraph (2)(B)(ii).
(B) Matching requirement.--A State or local ICAC task force
shall contribute matching non-Federal funds in an amount
equal to not less than 25 percent of the amount of funds
received by the State or local ICAC task force under
subparagraph (A). A State or local ICAC task force that is
not able or willing to contribute matching funds in
accordance with this subparagraph shall not be eligible for
funds under subparagraph (A).
(C) Waiver.--The Attorney General may waive, in whole or in
part, the matching requirement under subparagraph (B) if the
State or local ICAC task force demonstrates good cause or
financial hardship.
(b) Application.--
(1) In general.--Each State or local ICAC task force
seeking a grant under this section shall submit an
application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney
General may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this title.
(c) Allowable Uses.--Grants awarded under this section may
be used to--
(1) hire personnel, investigators, prosecutors, education
specialists, and forensic specialists;
(2) establish and support forensic laboratories utilized in
Internet crimes against children investigations;
(3) support investigations and prosecutions of Internet
crimes against children;
(4) conduct and assist with education programs to help
children and parents protect themselves from Internet
predators;
(5) conduct and attend training sessions related to
successful investigations and prosecutions of Internet crimes
against children; and
(6) fund any other activities directly related to
preventing, investigating, or prosecuting Internet crimes
against children.
(d) Reporting Requirements.--
(1) ICAC reports.--To measure the results of the activities
funded by grants under this section, and to assist the
Attorney General in complying with the Government Performance
and Results Act (Public Law 103-62; 107 Stat. 285), each
State or local ICAC task force receiving a grant under this
section shall, on an annual basis, submit a report to the
Attorney General that sets forth the following:
(A) Staffing levels of the task force, including the number
of investigators, prosecutors, education specialists, and
forensic specialists dedicated to investigating and
prosecuting Internet crimes against children.
(B) Investigation and prosecution performance measures of
the task force, including--
(i) the number of investigations initiated related to
Internet crimes against children;
(ii) the number of arrests related to Internet crimes
against children; and
(iii) the number of prosecutions for Internet crimes
against children, including--
(I) whether the prosecution resulted in a conviction for
such crime; and
(II) the sentence and the statutory maximum for such crime
under State law.
(C) The number of referrals made by the task force to the
United States Attorneys office, including whether the
referral was accepted by the United States Attorney.
(D) Statistics that account for the disposition of
investigations that do not result in arrests or prosecutions,
such as referrals to other law enforcement.
(E) The number of investigative technical assistance
sessions that the task force provided to nonmember law
enforcement agencies.
(F) The number of computer forensic examinations that the
task force completed.
(G) The number of law enforcement agencies participating in
Internet crimes against children program standards
established by the task force.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Attorney General shall
submit a report to Congress on--
(A) the progress of the development of the ICAC Task Force
Program established under section 102; and
(B) the number of Federal and State investigations,
prosecutions, and convictions in the prior 12-month period
related to child exploitation.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title--
(1) $60,000,000 for fiscal year 2009;
(2) $60,000,000 for fiscal year 2010;
(3) $60,000,000 for fiscal year 2011;
(4) $60,000,000 for fiscal year 2012; and
(5) $60,000,000 for fiscal year 2013.
(b) Availability.--Funds appropriated under subsection (a)
shall remain available until expended.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.
(a) Additional Resources.--The Attorney General shall
establish additional computer forensic capacity to address
the current backlog for computer forensics, including for
[[Page 21759]]
child exploitation investigations. The Attorney General may
utilize funds under this title to increase capacity at
existing regional forensic laboratories or to add
laboratories under the Regional Computer Forensic
Laboratories Program operated by the Federal Bureau of
Investigation.
(b) Purpose of New Resources.--The additional forensic
capacity established by resources provided under this section
shall be dedicated to assist Federal agencies, State and
local Internet Crimes Against Children task forces, and other
Federal, State, and local law enforcement agencies in
preventing, investigating, and prosecuting Internet crimes
against children.
(c) New Computer Forensic Labs.--If the Attorney General
determines that new regional computer forensic laboratories
are required under subsection (a) to best address existing
backlogs, such new laboratories shall be established pursuant
to subsection (d).
(d) Location of New Labs.--The location of any new regional
computer forensic laboratories under this section shall be
determined by the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation, the Regional
Computer Forensic Laboratory National Steering Committee, and
other relevant stakeholders.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the
Attorney General shall submit a report to the Congress on how
the funds appropriated under this section were utilized.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years 2009 through 2013,
$2,000,000 to carry out the provisions of this section.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
SEC. 301. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD
ABUSE.
Section 2251 of title 18, United States Code is amended--
(1) in subsection (a), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``if such person
knows or has reason to know that such visual depiction will
be transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''; and
(2) in subsection (b), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``person knows or
has reason to know that such visual depiction will be
transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''.
SEC. 302. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED
STATES CODE.
Section 2256(5) of title 18, United States Code is amended
by--
(1) striking ``and'' before ``data'';
(2) after ``visual image'' by inserting ``, and data which
is capable of conversion into a visual image that has been
transmitted by any means, whether or not stored in a
permanent format''.
SEC. 303. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED
STATES CODE.
Section 2260(a) of title 18, United States Code, is amended
by--
(1) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct''; and
(2) inserting ``or transmitted'' after ``imported''.
SEC. 304. PROHIBITING THE ADAPTATION OR MODIFICATION OF AN
IMAGE OF AN IDENTIFIABLE MINOR TO PRODUCE CHILD
PORNOGRAPHY.
(a) Offense.--Subsection (a) of section 2252A of title 18,
United States Code, is amended--
(1) in paragraph (5), by striking ``; or'' at the end and
inserting a semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by inserting after paragraph (6) the following:
``(7) knowingly produces with intent to distribute, or
distributes, by any means, including a computer, in or
affecting interstate or foreign commerce, child pornography
that is an adapted or modified depiction of an identifiable
minor.''.
(b) Punishment.--Subsection (b) of section 2252A of title
18, United States Code, is amended by adding at the end the
following:
``(3) Whoever violates, or attempts or conspires to
violate, subsection (a)(7) shall be fined under this title or
imprisoned not more than 15 years, or both.''.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING
DANGEROUSNESS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the National Institute of Justice
shall prepare a report to identify investigative factors that
reliably indicate whether a subject of an online child
exploitation investigation poses a high risk of harm to
children. Such a report shall be prepared in consultation and
coordination with Federal law enforcement agencies, the
National Center for Missing and Exploited Children, Operation
Fairplay at the Wyoming Attorney General's Office, the
Internet Crimes Against Children Task Force, and other State
and local law enforcement.
(b) Contents of Analysis.--The report required by
subsection (a) shall include a thorough analysis of potential
investigative factors in on-line child exploitation cases and
an appropriate examination of investigative data from prior
prosecutions and case files of identified child victims.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the National Institute of
Justice shall submit a report to the House and Senate
Judiciary Committees that includes the findings of the study
required by this section and makes recommendations on
technological tools and law enforcement procedures to help
investigators prioritize scarce resources to those cases
where there is actual hands-on abuse by the suspect.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $500,000 to the National Institute of
Justice to conduct the study required under this section.
TITLE V--SECURING ADOLESCENTS FROM ONLINE EXPLOITATION
SEC. 501. REPORTING REQUIREMENTS OF ELECTRONIC COMMUNICATION
SERVICE PROVIDERS AND REMOTE COMPUTING SERVICE
PROVIDERS.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended by inserting after section 2258 the
following:
``SEC. 2258A. REPORTING REQUIREMENTS OF ELECTRONIC
COMMUNICATION SERVICE PROVIDERS AND REMOTE
COMPUTING SERVICE PROVIDERS.
``(a) Duty to Report.--
``(1) In general.--Whoever, while engaged in providing an
electronic communication service or a remote computing
service to the public through a facility or means of
interstate or foreign commerce, obtains actual knowledge of
any facts or circumstances described in paragraph (2) shall,
as soon as reasonably possible--
``(A) provide to the CyberTipline of the National Center
for Missing and Exploited Children, or any successor to the
CyberTipline operated by such center, the mailing address,
telephone number, facsimile number, electronic mail address
of, and individual point of contact for, such electronic
communication service provider or remote computing service
provider; and
``(B) make a report of such facts or circumstances to the
CyberTipline, or any successor to the CyberTipline operated
by such center.
``(2) Facts or circumstances.--The facts or circumstances
described in this paragraph are any facts or circumstances
from which there is an apparent violation of--
``(A) section 2251, 2251A, 2252, 2252A, 2252B, or 2260 that
involves child pornography; or
``(B) section 1466A.
``(b) Contents of Report.--To the extent the information is
within the custody or control of an electronic communication
service provider or a remote computing service provider, the
facts and circumstances included in each report under
subsection (a)(1) may include the following information:
``(1) Information about the involved individual.--
Information relating to the identity of any individual who
appears to have violated a Federal law described in
subsection (a)(2), which may, to the extent reasonably
practicable, include the electronic mail address, Internet
Protocol address, uniform resource locator, or any other
identifying information, including self-reported identifying
information.
``(2) Historical reference.--Information relating to when
and how a customer or subscriber of an electronic
communication service or a remote computing service uploaded,
transmitted, or received apparent child pornography or when
and how apparent child pornography was reported to, or
discovered by the electronic communication service provider
or remote computing service provider, including a date and
time stamp and time zone.
``(3) Geographic location information.--
``(A) In general.--Information relating to the geographic
location of the involved individual or website, which may
include the Internet Protocol address or verified billing
address, or, if not reasonably available, at least 1 form of
geographic identifying information, including area code or
zip code.
``(B) Inclusion.--The information described in subparagraph
(A) may also include any geographic information provided to
the electronic communication service or remote computing
service by the customer or subscriber.
[[Page 21760]]
``(4) Images of apparent child pornography.--Any image of
apparent child pornography relating to the incident such
report is regarding.
``(5) Complete communication.--The complete communication
containing any image of apparent child pornography,
including--
``(A) any data or information regarding the transmission of
the communication; and
``(B) any images, data, or other digital files contained
in, or attached to, the communication.
``(c) Forwarding of Report to Law Enforcement.--
``(1) In general.--The National Center for Missing and
Exploited Children shall forward each report made under
subsection (a)(1) to any appropriate law enforcement agency
designated by the Attorney General under subsection (d)(2).
``(2) State and local law enforcement.--The National Center
for Missing and Exploited Children may forward any report
made under subsection (a)(1) to an appropriate law
enforcement official of a State or political subdivision of a
State for the purpose of enforcing State criminal law.
``(3) Foreign law enforcement.--
``(A) In general.--The National Center for Missing and
Exploited Children may forward any report made under
subsection (a)(1) to any appropriate foreign law enforcement
agency designated by the Attorney General under subsection
(d)(3), subject to the conditions established by the Attorney
General under subsection (d)(3).
``(B) Transmittal to designated federal agencies.--If the
National Center for Missing and Exploited Children forwards a
report to a foreign law enforcement agency under subparagraph
(A), the National Center for Missing and Exploited Children
shall concurrently provide a copy of the report and the
identity of the foreign law enforcement agency to--
``(i) the Attorney General; or
``(ii) the Federal law enforcement agency or agencies
designated by the Attorney General under subsection (d)(2).
``(d) Attorney General Responsibilities.--
``(1) In general.--The Attorney General shall enforce this
section.
``(2) Designation of federal agencies.--The Attorney
General shall designate promptly the Federal law enforcement
agency or agencies to which a report shall be forwarded under
subsection (c)(1).
``(3) Designation of foreign agencies.--The Attorney
General shall promptly--
``(A) in consultation with the Secretary of State,
designate the foreign law enforcement agencies to which a
report may be forwarded under subsection (c)(3);
``(B) establish the conditions under which such a report
may be forwarded to such agencies; and
``(C) develop a process for foreign law enforcement
agencies to request assistance from Federal law enforcement
agencies in obtaining evidence related to a report referred
under subsection (c)(3).
``(4) Reporting designated foreign agencies.--The Attorney
General shall maintain and make available to the Department
of State, the National Center for Missing and Exploited
Children, electronic communication service providers, remote
computing service providers, the Committee on the Judiciary
of the Senate, and the Committee on the Judiciary of the
House of Representatives a list of the foreign law
enforcement agencies designated under paragraph (3).
``(5) Sense of congress regarding designation of foreign
agencies.--It is the sense of Congress that--
``(A) combating the international manufacturing,
possession, and trade in online child pornography requires
cooperation with competent, qualified, and appropriately
trained foreign law enforcement agencies; and
``(B) the Attorney General, in cooperation with the
Secretary of State, should make a substantial effort to
expand the list of foreign agencies designated under
paragraph (3).
``(6) Notification to providers.--If an electronic
communication service provider or remote computing service
provider notifies the National Center for Missing and
Exploited Children that the electronic communication service
provider or remote computing service provider is making a
report under this section as the result of a request by a
foreign law enforcement agency, the National Center for
Missing and Exploited Children shall--
``(A) if the Center forwards the report to the requesting
foreign law enforcement agency or another agency in the same
country designated by the Attorney General under paragraph
(3), notify the electronic communication service provider or
remote computing service provider of--
``(i) the identity of the foreign law enforcement agency to
which the report was forwarded; and
``(ii) the date on which the report was forwarded; or
``(B) notify the electronic communication service provider
or remote computing service provider if the Center declines
to forward the report because the Center, in consultation
with the Attorney General, determines that no law enforcement
agency in the foreign country has been designated by the
Attorney General under paragraph (3).
``(e) Failure to Report.--An electronic communication
service provider or remote computing service provider that
knowingly and willfully fails to make a report required under
subsection (a)(1) shall be fined--
``(1) in the case of an initial knowing and willful failure
to make a report, not more than $150,000; and
``(2) in the case of any second or subsequent knowing and
willful failure to make a report, not more than $300,000.
``(f) Protection of Privacy.--Nothing in this section shall
be construed to require an electronic communication service
provider or a remote computing service provider to--
``(1) monitor any user, subscriber, or customer of that
provider;
``(2) monitor the content of any communication of any
person described in paragraph (1); or
``(3) affirmatively seek facts or circumstances described
in sections (a) and (b).
``(g) Conditions of Disclosure Information Contained Within
Report.--
``(1) In general.--Except as provided in paragraph (2), a
law enforcement agency that receives a report under
subsection (c) shall not disclose any information contained
in that report.
``(2) Permitted disclosures by law enforcement.--
``(A) In general.--A law enforcement agency may disclose
information in a report received under subsection (c)--
``(i) to an attorney for the government for use in the
performance of the official duties of that attorney;
``(ii) to such officers and employees of that law
enforcement agency, as may be necessary in the performance of
their investigative and recordkeeping functions;
``(iii) to such other government personnel (including
personnel of a State or subdivision of a State) as are
determined to be necessary by an attorney for the government
to assist the attorney in the performance of the official
duties of the attorney in enforcing Federal criminal law;
``(iv) if the report discloses a violation of State
criminal law, to an appropriate official of a State or
subdivision of a State for the purpose of enforcing such
State law;
``(v) to a defendant in a criminal case or the attorney for
that defendant, subject to the terms and limitations under
section 3509(m) or a similar State law, to the extent the
information relates to a criminal charge pending against that
defendant;
``(vi) subject to subparagraph (B), to an electronic
communication service provider or remote computing provider
if necessary to facilitate response to legal process issued
in connection to a criminal investigation, prosecution, or
post-conviction remedy relating to that report; and
``(vii) as ordered by a court upon a showing of good cause
and pursuant to any protective orders or other conditions
that the court may impose.
``(B) Limitations.--
``(i) Limitations on further disclosure.--The electronic
communication service provider or remote computing service
provider shall be prohibited from disclosing the contents of
a report provided under subparagraph (A)(vi) to any person,
except as necessary to respond to the legal process.
``(ii) Effect.--Nothing in subparagraph (A)(vi) authorizes
a law enforcement agency to provide child pornography images
to an electronic communications service provider or a remote
computing service.
``(3) Permitted disclosures by the national center for
missing and exploited children.--The National Center for
Missing and Exploited Children may disclose information
received in a report under subsection (a) only--
``(A) to any Federal law enforcement agency designated by
the Attorney General under subsection (d)(2);
``(B) to any State, local, or tribal law enforcement agency
involved in the investigation of child pornography, child
exploitation, kidnapping, or enticement crimes;
``(C) to any foreign law enforcement agency designated by
the Attorney General under subsection (d)(3); and
``(D) to an electronic communication service provider or
remote computing service provider as described in section
2258C.
``(h) Preservation.--
``(1) In general.--For the purposes of this section, the
notification to an electronic communication service provider
or a remote computing service provider by the CyberTipline of
receipt of a report under subsection (a)(1) shall be treated
as a request to preserve, as if such request was made
pursuant to section 2703(f).
``(2) Preservation of report.--Pursuant to paragraph (1),
an electronic communication service provider or a remote
computing service shall preserve the contents of the report
provided pursuant to subsection (b) for 90 days after such
notification by the CyberTipline.
``(3) Preservation of commingled images.--Pursuant to
paragraph (1), an electronic communication service provider
or a remote computing service shall preserve any images,
data, or other digital files that are commingled or
interspersed among the images of apparent child pornography
within a particular communication or user-created folder or
directory.
[[Page 21761]]
``(4) Protection of preserved materials.--An electronic
communications service or remote computing service preserving
materials under this section shall maintain the materials in
a secure location and take appropriate steps to limit access
by agents or employees of the service to the materials to
that access necessary to comply with the requirements of this
subsection.
``(5) Authorities and duties not affected.--Nothing in this
section shall be construed as replacing, amending, or
otherwise interfering with the authorities and duties under
section 2703.
``SEC. 2258B. LIMITED LIABILITY FOR ELECTRONIC COMMUNICATION
SERVICE PROVIDERS, REMOTE COMPUTING SERVICE
PROVIDERS, OR DOMAIN NAME REGISTRAR.
``(a) In General.--Except as provided in subsection (b), a
civil claim or criminal charge against an electronic
communication service provider, a remote computing service
provider, or domain name registrar, including any director,
officer, employee, or agent of such electronic communication
service provider, remote computing service provider, or
domain name registrar arising from the performance of the
reporting or preservation responsibilities of such electronic
communication service provider, remote computing service
provider, or domain name registrar under this section,
section 2258A, or section 2258C may not be brought in any
Federal or State court.
``(b) Intentional, Reckless, or Other Misconduct.--
Subsection (a) shall not apply to a claim if the electronic
communication service provider, remote computing service
provider, or domain name registrar, or a director, officer,
employee, or agent of that electronic communication service
provider, remote computing service provider, or domain name
registrar--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk of
causing physical injury without legal justification; or
``(C) for a purpose unrelated to the performance of any
responsibility or function under this section, sections
2258A, 2258C, 2702, or 2703.
``(c) Minimizing Access.--An electronic communication
service provider, a remote computing service provider, and
domain name registrar shall--
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A or 2258C;
and
``(2) ensure that any such image is permanently destroyed,
upon a request from a law enforcement agency to destroy the
image.
``SEC. 2258C. USE TO COMBAT CHILD PORNOGRAPHY OF TECHNICAL
ELEMENTS RELATING TO IMAGES REPORTED TO THE
CYBERTIPLINE.
``(a) Elements.--
``(1) In general.--The National Center for Missing and
Exploited Children may provide elements relating to any
apparent child pornography image of an identified child to an
electronic communication service provider or a remote
computing service provider for the sole and exclusive purpose
of permitting that electronic communication service provider
or remote computing service provider to stop the further
transmission of images.
``(2) Inclusions.--The elements authorized under paragraph
(1) may include hash values or other unique identifiers
associated with a specific image, Internet location of
images, and other technological elements that can be used to
identify and stop the transmission of child pornography.
``(3) Exclusion.--The elements authorized under paragraph
(1) may not include the actual images.
``(b) Use by Electronic Communication Service Providers and
Remote Computing Service Providers.--Any electronic
communication service provider or remote computing service
provider that receives elements relating to any apparent
child pornography image of an identified child from the
National Center for Missing and Exploited Children under this
section may use such information only for the purposes
described in this section, provided that such use shall not
relieve that electronic communication service provider or
remote computing service provider from its reporting
obligations under section 2258A.
``(c) Limitations.--Nothing in subsections (a) or (b)
requires electronic communication service providers or remote
computing service providers receiving elements relating to
any apparent child pornography image of an identified child
from the National Center for Missing and Exploited Children
to use the elements to stop the further transmission of the
images.
``(d) Provision of Elements to Law Enforcement.--The
National Center for Missing and Exploited Children shall make
available to Federal, State, and local law enforcement
involved in the investigation of child pornography crimes
elements, including hash values, relating to any apparent
child pornography image of an identified child reported to
the National Center for Missing and Exploited Children.
``(e) Use by Law Enforcement.--Any Federal, State, or local
law enforcement agency that receives elements relating to any
apparent child pornography image of an identified child from
the National Center for Missing and Exploited Children under
section (d) may use such elements only in the performance of
the official duties of that agency to investigate child
pornography crimes.
``SEC. 2258D. LIMITED LIABILITY FOR THE NATIONAL CENTER FOR
MISSING AND EXPLOITED CHILDREN.
``(a) In General.--Except as provided in subsections (b)
and (c), a civil claim or criminal charge against the
National Center for Missing and Exploited Children, including
any director, officer, employee, or agent of such center,
arising from the performance of the CyberTipline
responsibilities or functions of such center, as described in
this section, section 2258A or 2258C of this title, or
section 404 of the Missing Children's Assistance Act (42
U.S.C. 5773), or from the effort of such center to identify
child victims may not be brought in any Federal or State
court.
``(b) Intentional, Reckless, or Other Misconduct.--
Subsection (a) shall not apply to a claim or charge if the
National Center for Missing and Exploited Children, or a
director, officer, employee, or agent of such center--
``(1) engaged in intentional misconduct; or
``(2) acted, or failed to act--
``(A) with actual malice;
``(B) with reckless disregard to a substantial risk of
causing injury without legal justification; or
``(C) for a purpose unrelated to the performance of any
responsibility or function under this section, section 2258A
or 2258C of this title, or section 404 of the Missing
Children's Assistance Act (42 U.S.C. 5773).
``(c) Ordinary Business Activities.--Subsection (a) shall
not apply to an act or omission relating to an ordinary
business activity, including general administration or
operations, the use of motor vehicles, or personnel
management.
``(d) Minimizing Access.--The National Center for Missing
and Exploited Children shall--
``(1) minimize the number of employees that are provided
access to any image provided under section 2258A; and
``(2) ensure that any such image is permanently destroyed
upon notification from a law enforcement agency.
``SEC. 2258E. DEFINITIONS.
``In sections 2258A through 2258D--
``(1) the terms `attorney for the government' and `State'
have the meanings given those terms in rule 1 of the Federal
Rules of Criminal Procedure;
``(2) the term `electronic communication service' has the
meaning given that term in section 2510;
``(3) the term `electronic mail address' has the meaning
given that term in section 3 of the CAN-SPAM Act of 2003 (15
U.S.C. 7702);
``(4) the term `Internet' has the meaning given that term
in section 1101 of the Internet Tax Freedom Act (47 U.S.C.
151 note);
``(5) the term `remote computing service' has the meaning
given that term in section 2711; and
``(6) the term `website' means any collection of material
placed in a computer server-based file archive so that it is
publicly accessible, over the Internet, using hypertext
transfer protocol or any successor protocol.''.
(b) Technical and Conforming Amendments.--
(1) Repeal of superceded provision.--Section 227 of the
Crime Control Act of 1990 (42 U.S.C. 13032) is repealed.
(2) Technical corrections.--Section 2702 of title 18,
United States Code, is amended--
(A) in subsection (b)(6), by striking ``section 227 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and
inserting ``section 2258A''; and
(B) in subsection (c)(5), by striking ``section 227 of the
Victims of Child Abuse Act of 1990 (42 U.S.C. 13032)'' and
inserting ``section 2258A''.
(3) Table of sections.--The table of sections for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2258 the following:
``2258A. Reporting requirements of electronic communication service
providers and remote computing service providers.
``2258B. Limited liability for electronic communication service
providers and remote computing service providers.
``2258C. Use to combat child pornography of technical elements relating
to images reported to the CyberTipline.
``2258D. Limited liability for the National Center for Missing and
Exploited Children.
``2258E. Definitions.''.
SEC. 502. REPORTS.
(a) Attorney General Report on Implementation,
Investigative Methods and Information Sharing.--Not later
than 12 months after the date of enactment of this Act, the
Attorney General shall submit a report to the Committee on
the Judiciary of Senate and the Committee on the Judiciary of
the House of Representatives on--
[[Page 21762]]
(1) the structure established in this Act, including the
respective functions of the National Center for Missing and
Exploited Children, Department of Justice, and other entities
that participate in information sharing under this Act;
(2) an assessment of the legal and constitutional
implications of such structure;
(3) the privacy safeguards contained in the reporting
requirements, including the training, qualifications,
recruitment and screening of all Federal and non-Federal
personnel implementing this Act; and
(4) information relating to the aggregate number of
incidents reported under section 2258A(b) of title 18, United
States Code, to Federal and State law enforcement agencies
based on the reporting requirements under this Act and the
aggregate number of times that elements are provided to
communication service providers under section 2258C of such
title.
(b) GAO Audit and Report on Efficiency and Effectiveness.--
Not later than 2 years after the date of enactment of this
Act, the Comptroller General shall conduct an audit and
submit a report to the Committee on the Judiciary of the
Senate and to the Committee on the Judiciary of the House of
Representatives on--
(1) the efforts, activities, and actions of the
CyberTipline of the National Center for Missing and Exploited
Children, or any successor to the CyberTipline, and the
Attorney General in achieving the goals and purposes of this
Act, as well as in carrying out any responsibilities or
duties assigned to each such individual or agency under this
Act;
(2) any legislative, administrative, or regulatory changes
that the Comptroller General recommends be taken by or on
behalf of the Attorney General to better achieve such goals
and purposes, and to more effectively carry out such
responsibilities and duties;
(3) the effectiveness of any actions taken and efforts made
by the CyberTipline of the National Center for Missing and
Exploited Children, or any successor to the CyberTipline and
the Attorney General to--
(A) minimize duplicating the efforts, materials,
facilities, and procedures of any other Federal agency
responsible for the enforcement, investigation, or
prosecution of child pornography crimes; and
(B) enhance the efficiency and consistency with which
Federal funds and resources are expended to enforce,
investigate, or prosecute child pornography crimes ,
including the use of existing personnel, materials,
technologies, and facilities; and
(4) any actions or efforts that the Comptroller General
recommends be taken by the Attorney General to reduce
duplication of efforts and increase the efficiency and
consistency with which Federal funds and resources are
expended to enforce, investigate, or prosecute child
pornography crimes.
SEC. 503. SEVERABILITY.
If any provision of this title or amendment made by this
title is held to be unconstitutional, the remainder of the
provisions of this title or amendments made by this title--
(1) shall remain in full force and effect; and
(2) shall not be affected by the holding.
______
SA 5651. Mr. DURBIN (for Mr. Biden) proposed an amendment to the bill
S. 1738, to require the Department of Justice to develop and implement
a National Strategy Child Exploitation Prevention and Interdiction, to
improve the Internet Crimes Against Children Task Force, to increase
resources for regional computer forensic labs, and to make other
improvements to increase the ability of law enforcement agencies to
investigate and prosecute child predators; as follows:
Amend the title so as to read: ``To require the Department
of Justice to develop and implement a National Strategy Child
Exploitation Prevention and Interdiction, to improve the
Internet Crimes Against Children Task Force, to increase
resources for regional computer forensic labs, and to make
other improvements to increase the ability of law enforcement
agencies to investigate and prosecute child predators.''.
______
SA 5652. Mr. DURBIN (for Mr. Leahy) proposed an amendment to the bill
S. 2982, to amend the Runaway and Homeless Youth Act to authorize
appropriations, and for other purposes; as follows:
In lieu of the matter proposed to be inserted, insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reconnecting Homeless Youth
Act of 2008''.
SEC. 2. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) services to such young people should be developed and
provided using a positive youth development approach that
ensures a young person a sense of--
``(A) safety and structure;
``(B) belonging and membership;
``(C) self-worth and social contribution;
``(D) independence and control over one's life; and
``(E) closeness in interpersonal relationships.''.
SEC. 3. BASIC CENTER PROGRAM.
(a) Services Provided.--Section 311 of the Runaway and
Homeless Youth Act (42 U.S.C. 5711) is amended--
(1) in subsection (a)(2)(B), by striking clause (i) and
inserting the following:
``(i) safe and appropriate shelter provided for not to
exceed 21 days; and''; and
(2) in subsection (b)(2)--
(A) by striking ``(2) The'' and inserting ``(2)(A) Except
as provided in subparagraph (B), the'';
(B) by striking ``$100,000'' and inserting ``$200,000'';
(C) by striking ``$45,000'' and inserting ``$70,000''; and
(D) by adding at the end the following:
``(B) For fiscal years 2009 and 2010, the amount allotted
under paragraph (1) with respect to a State for a fiscal year
shall be not less than the amount allotted under paragraph
(1) with respect to such State for fiscal year 2008.
``(C) Whenever the Secretary determines that any part of
the amount allotted under paragraph (1) to a State for a
fiscal year will not be obligated before the end of the
fiscal year, the Secretary shall reallot such part to the
remaining States for obligation for the fiscal year.''.
(b) Eligibility.--Section 312(b) of the Runaway and
Homeless Youth Act (42 U.S.C. 5712(b)) is amended--
(1) in paragraph (11), by striking ``and'' at the end;
(2) in paragraph (12), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) shall develop an adequate emergency preparedness and
management plan.''.
SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility.--Section 322(a) of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``directly or indirectly'' and inserting
``by grant, agreement, or contract''; and
(B) by striking ``services'' the first place it appears and
inserting ``provide, by grant, agreement, or contract,
services,'';
(2) in paragraph (2), by striking ``a continuous period not
to exceed 540 days, except that'' and all that follows and
inserting the following: ``a continuous period not to exceed
540 days, or in exceptional circumstances 635 days, except
that a youth in a program under this part who has not reached
18 years of age on the last day of the 635-day period may, in
exceptional circumstances and if otherwise qualified for the
program, remain in the program until the youth's 18th
birthday;'';
(3) in paragraph (14), by striking ``and'' at the end;
(4) in paragraph (15), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(16) to develop an adequate emergency preparedness and
management plan.''.
(b) Definitions.--Section 322(c) of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-2(c)) is amended by--
(1) striking ``part, the term'' and inserting the
following: ``part--
``(1) the term'';
(2) striking the period and inserting ``; and''; and
(3) adding at the end thereof the following:
``(2) the term `exceptional circumstances' means
circumstances in which a youth would benefit to an unusual
extent from additional time in the program.''.
SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND
SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-23) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``special consideration'' and inserting ``priority'';
(B) in paragraph (8)--
(i) by striking ``to health'' and inserting ``to quality
health'';
(ii) by striking ``mental health care'' and inserting
``behavioral health care''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (9), by striking the period at the end and
inserting ``, including access to educational and workforce
programs to achieve outcomes such as decreasing secondary
school dropout rates, increasing rates of attaining a
secondary school diploma or its recognized equivalent, or
increasing placement and retention in postsecondary education
or advanced workforce training programs; and''; and
(D) by adding at the end the following:
``(10) providing programs, including innovative programs,
that assist youth in obtaining and maintaining safe and
stable housing, and which may include programs with
supportive services that continue after the youth complete
the remainder of the programs.''; and
(2) by striking subsection (c) and inserting the following:
[[Page 21763]]
``(c) In selecting among applicants for grants under
subsection (a), the Secretary shall--
``(1) give priority to applicants who have experience
working with runaway or homeless youth; and
``(2) ensure that the applicants selected--
``(A) represent diverse geographic regions of the United
States; and
``(B) carry out projects that serve diverse populations of
runaway or homeless youth.''.
SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER
ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (42 U.S.C.
5714-21 et seq.) is amended by adding at the end the
following:
``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF
YOUTH HOMELESSNESS.
``(a) Periodic Estimate.--Not later than 2 years after the
date of enactment of the Reconnecting Homeless Youth Act of
2008, and at 5-year intervals thereafter, the Secretary, in
consultation with the United States Interagency Council on
Homelessness, shall prepare and submit to the Committee on
Education and Labor of the House of Representatives and the
Committee on the Judiciary of the Senate, and make available
to the public, a report--
``(1) by using the best quantitative and qualitative social
science research methods available, containing an estimate of
the incidence and prevalence of runaway and homeless
individuals who are not less than 13 years of age but are
less than 26 years of age; and
``(2) that includes with such estimate an assessment of the
characteristics of such individuals.
``(b) Content.--The report required by subsection (a) shall
include--
``(1) the results of conducting a survey of, and direct
interviews with, a representative sample of runaway and
homeless individuals who are not less than 13 years of age
but are less than 26 years of age, to determine past and
current--
``(A) socioeconomic characteristics of such individuals;
and
``(B) barriers to such individuals obtaining--
``(i) safe, quality, and affordable housing;
``(ii) comprehensive and affordable health insurance and
health services; and
``(iii) incomes, public benefits, supportive services, and
connections to caring adults; and
``(2) such other information as the Secretary determines,
in consultation with States, units of local government, and
national nongovernmental organizations concerned with
homelessness, may be useful.
``(c) Implementation.--If the Secretary enters into any
contract with a non-Federal entity for purposes of carrying
out subsection (a), such entity shall be a nongovernmental
organization, or an individual, determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.''.
SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(b) of the Runaway and Homeless Youth Act (42
U.S.C. 5714-41(b)) is amended by inserting ``public and''
after ``priority to''.
SEC. 8. PERFORMANCE STANDARDS.
Part F of the Runaway and Homeless Youth Act (42 U.S.C.
5714a et seq.) is amended by inserting after section 386 the
following:
``SEC. 386A. PERFORMANCE STANDARDS.
``(a) Establishment of Performance Standards.--Not later
than 1 year after the date of enactment of the Reconnecting
Homeless Youth Act of 2008, the Secretary shall issue rules
that specify performance standards for public and nonprofit
private entities and agencies that receive grants under
sections 311, 321, and 351.
``(b) Consultation.--The Secretary shall consult with
representatives of public and nonprofit private entities and
agencies that receive grants under this title, including
statewide and regional nonprofit organizations (including
combinations of such organizations) that receive grants under
this title, and national nonprofit organizations concerned
with youth homelessness, in developing the performance
standards required by subsection (a).
``(c) Implementation of Performance Standards.--The
Secretary shall integrate the performance standards into the
processes of the Department of Health and Human Services for
grantmaking, monitoring, and evaluation for programs under
sections 311, 321, and 351.''.
SEC. 9. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study, including making findings and
recommendations, relating to the processes for making grants
under parts A, B, and E of the Runaway and Homeless Youth Act
(42 U.S.C. 5711 et seq., 5714-1 et seq., 5714-41).
(2) Subjects.--In particular, the Comptroller General shall
study--
(A) the Secretary's written responses to and other
communications with applicants who do not receive grants
under part A, B, or E of such Act, to determine if the
information provided in the responses and communications is
conveyed clearly;
(B) the content and structure of the grant application
documents, and of other associated documents (including grant
announcements), to determine if the requirements of the
applications and other associated documents are presented and
structured in a way that gives an applicant a clear
understanding of the information that the applicant must
provide in each portion of an application to successfully
complete it, and a clear understanding of the terminology
used throughout the application and other associated
documents;
(C) the peer review process for applications for the
grants, including the selection of peer reviewers, the
oversight of the process by staff of the Department of Health
and Human Services, and the extent to which such staff make
funding determinations based on the comments and scores of
the peer reviewers;
(D) the typical timeframe, and the process and
responsibilities of such staff, for responding to applicants
for the grants, and the efforts made by such staff to
communicate with the applicants when funding decisions or
funding for the grants is delayed, such as when funding is
delayed due to funding of a program through appropriations
made under a continuing resolution; and
(E) the plans for implementation of, and the implementation
of, where practicable, the technical assistance and training
programs carried out under section 342 of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-22), and the effect of
such programs on the application process for the grants.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary
of the Senate a report containing the findings and
recommendations resulting from the study.
SEC. 10. DEFINITIONS.
(a) Homeless Youth.--Section 387(3) of the Runaway and
Homeless Youth Act (42 U.S.C. 5732a(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``The'' and all that follows through ``means'' and inserting
``The term `homeless', used with respect to a youth, means'';
and
(2) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``not more than'' each place it appears and
inserting ``less than''; and
(ii) by inserting after ``age'' the last place it appears
the following: ``, or is less than a higher maximum age if
the State where the center is located has an applicable State
or local law (including a regulation) that permits such
higher maximum age in compliance with licensure requirements
for child-and youth-serving facilities''; and
(B) in clause (ii), by striking ``age;'' and inserting the
following: ``age and either--
``(I) less than 22 years of age; or
``(II) not less than 22 years of age, as of the expiration
of the maximum period of stay permitted under section
322(a)(2) if such individual commences such stay before
reaching 22 years of age;''.
(b) Runaway Youth.--Section 387 of the Runaway and Homeless
Youth Act (42 U.S.C. 5732a) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Runaway youth.--The term `runaway', used with respect
to a youth, means an individual who is less than 18 years of
age and who absents himself or herself from home or a place
of legal residence without the permission of a parent or
legal guardian.''.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5751(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``is authorized'' and inserting ``are
authorized'';
(B) by striking ``part E) $105,000,000 for fiscal year
2004'' and inserting ``section 345 and part E) $140,000,000
for fiscal year 2009''; and
(C) by striking ``2005, 2006, 2007, and 2008'' and
inserting ``2010, 2011, 2012, and 2013'';
(2) in paragraph (3)--
(A) by striking ``In'' and inserting the following:
``(A) In general.--In'';
(B) by inserting ``(other than section 345)'' before the
period; and
(C) by adding at the end the following:
``(B) Periodic estimate.--There are authorized to be
appropriated to carry out section 345 such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and
2013.''; and
(3) in paragraph (4)--
(A) by striking ``is authorized'' and inserting ``are
authorized''; and
(B) by striking ``such sums as may be necessary for fiscal
years 2004, 2005, 2006, 2007, and 2008'' and inserting
``$25,000,000 for fiscal year 2009 and such sums as may be
necessary for fiscal years 2010, 2011, 2012, and 2013''.
______
SA 5653. Mr. DURBIN (for Mr. Leahy (for himself and Mr. Hatch))
proposed an amendment to the bill H.R. 1777, to amend the Improving
America's Schools Act of 1994 to make permanent
[[Page 21764]]
the favorable treatment of need-based educational aid under the
antitrust laws; as follows:
On page 2, strike lines 5 and 6 and insert the following:
``Section 568(d) of the Improving America's Schools Act of
1994 (15 U.S.C. 1 note) is amended by striking `2008' and
inserting `2015'.''.
____________________
AUTHORITY FOR COMMITTEES TO MEET
Committee on Armed Services
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Armed Services be authorized to meet during the session of
the Senate on Thursday, September 25, 2008, at 9:30 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Commerce, Science, and Transportation
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Commerce, Science, and Transportation be authorized to
meet during the session of the Senate on Thursday, September 25, 2008,
at 10 a.m., in room 253 of the Russell Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Environment and Public Works
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Environment and Public Works be authorized to meet during
the session of the Senate on Thursday, September 25, 2008, at 10 a.m.,
in room 406 of the Dirksen Senate Office Building to conduct a hearing
entitled ``Oversight Hearing on EPA's Cleanup of the Superfund Site in
Libby, Montana.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Foreign Relations
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Foreign Relations be authorized to meet during the session
of the Senate on Thursday, September 25, 2008, at 3 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Homeland Security and Governmental Affairs
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs be authorized
to meet during the session of the Senate on Thursday, September 25,
2008, at 9:30 a.m. to conduct a hearing entitled ``Preventing Nuclear
Terrorism: Hard Lessons Learned From Troubled Investments.''
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Indian Affairs
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Indian Affairs be authorized to meet during the session of
the Senate on Thursday, September 25, 2008, at 2:15 p.m. in room 628 of
the Dirksen Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on the Judiciary
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary be authorized to meet during the session of
the Senate, to conduct an executive business meeting on Thursday,
September 25, 2008, at 10 a.m. in room SH-216 of the Hart Senate Office
Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
Committee on Rules and Administration
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Rules and Administration be authorized to meet during the
session of the Senate on Thursday, September 25, 2008, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Select Committee on Intelligence
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Select
Committee on Intelligence be authorized to meet during the session of
the Senate on Thursday, September 25, 2008, at 2:30 p.m.
The PRESIDING OFFICER. Without objection, it is so ordered.
Subcommittee on Federal Financial Management, Government Information,
Federal Services, and International Security
Mr. BINGAMAN. Mr. President, I ask unanimous consent that the
Committee on Homeland Security and Governmental Affairs' Subcommittee
on Federal Financial Management, Government Information, Federal
Services, and International Security be authorized to meet during the
session of the Senate on Thursday, September 25, 2008, at 2:30 p.m. to
conduct a hearing entitled ``Addressing Cost Growth of Major DOD
Weapons Systems.''
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PRIVILEGES OF THE FLOOR
Mr. FEINGOLD. Mr. President, I ask unanimous consent that two legal
interns in my office, Corinne Beth and Arezo Yazd, be granted floor
privileges for the remainder of this session.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
COMBATING CHILD EXPLOITATION ACT OF 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 862, S. 1738.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1738) to establish a Special Counsel for Child
Exploitation Prevention and Interdiction within the Office of
the Deputy Attorney General, to improve the Internet Crimes
Against Children Task Force, to increase resources for
regional computer forensic labs, and to make other
improvements to increase the ability of law enforcement
agencies to investigate and prosecute predators.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Combating
Child Exploitation Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
Sec. 101. Establishment of National Strategy for Child
Exploitation Prevention and Interdiction.
Sec. 102. Establishment of National ICAC Task Force
Program.
Sec. 103. Purpose of ICAC task forces.
Sec. 104. Duties and functions of task forces.
Sec. 105. National Internet Crimes Against Children Data
System.
Sec. 106. ICAC grant program.
Sec. 107. Authorization of appropriations.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
Sec. 201. Additional regional computer forensic labs.
Sec. 202. Additional field agents for the FBI.
Sec. 203. Immigration and customs enforcement enhancement.
Sec. 204. Combating child exploitation via the United
States Postal Service.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
Sec. 301. Effective child pornography prosecution.
Sec. 302. Prohibit the broadcast of live images of child
abuse.
Sec. 303. Amendment to section 2256 of title 18, United
States Code.
Sec. 304. Amendment to section 2260 of title 18, United
States Code.
Sec. 305. Prohibiting the alteration of an image of a real
child to create an image of sexually explicit conduct.
Sec. 306. Referrals to authorized foreign law enforcement
agencies.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
Sec. 401. NIJ Study of Risk Factors for Assessing
Dangerousness.
SEC. 2. DEFINITIONS.
In this Act, the following definitions shall apply:
(1) Child exploitation.--The term ``child exploitation''
means any conduct, attempted conduct, or conspiracy to engage
in conduct involving a minor that violates section 1591,
chapter 109A, chapter 110, and chapter 117 of title 18,
United States Code, or any sexual activity involving a minor
for which any person can be charged with a criminal offense.
(2) Child obscenity.--The term ``child obscenity'' means
any visual depiction proscribed by section 1466A of title 18,
United States Code.
[[Page 21765]]
(3) Minor.--The term ``minor'' means any person under the
age of 18 years.
(4) Sexually explicit conduct.--The term ``sexually
explicit conduct'' has the meaning given such term in section
2256 of title 18, United States Code.
TITLE I--NATIONAL STRATEGY FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION
SEC. 101. ESTABLISHMENT OF NATIONAL STRATEGY FOR CHILD
EXPLOITATION PREVENTION AND INTERDICTION.
(a) In General.--The Attorney General of the United States
shall create and implement a National Strategy for Child
Exploitation Prevention and Interdiction.
(b) Timing.--Not later than February 1 of each year, the
Attorney General shall submit to Congress the National
Strategy established under subsection (a).
(c) Required Contents of National Strategy.--The National
Strategy established under subsection (a) shall include the
following:
(1) Comprehensive long-range, goals for reducing child
exploitation.
(2) Annual measurable objectives and specific targets to
accomplish long-term, quantifiable goals that the Attorney
General determines may be achieved during each year beginning
on the date when the National Strategy is submitted.
(3) Annual budget priorities and Federal efforts dedicated
to combating child exploitation, including resources
dedicated to Internet Crimes Against Children task forces,
Project Safe Childhood, FBI Innocent Images Initiative, the
National Center for Missing and Exploited Children, regional
forensic computer labs, Internet Safety programs, and all
other entities whose goal or mission is to combat the
exploitation of children that receive Federal support.
(4) A 5-year projection for program and budget goals and
priorities.
(5) A review of the policies and work of the Department of
Justice related to the prevention and investigation of child
exploitation crimes, including efforts at the Office of
Justice Programs, the Criminal Division of the Department of
Justice, the Executive Office of United States Attorneys, the
Federal Bureau of Investigation, the Office of the Attorney
General, the Office of the Deputy Attorney General, the
Office of Legal Policy, and any other agency or bureau of the
Department of Justice whose activities relate to child
exploitation.
(6) A description of the Department's efforts to coordinate
with international, State, local, tribal law enforcement, and
private sector entities on child exploitation prevention and
interdiction efforts.
(7) Plans for interagency coordination regarding the
prevention, investigation, and apprehension of individuals
exploiting children, including cooperation and collaboration
with--
(A) Immigration and Customs Enforcement;
(B) the United States Postal Inspection Service;
(C) the Department of State;
(D) the Department of Commerce;
(E) the Department of Education;
(F) the Department of Health and Human Services; and
(G) other appropriate Federal agencies.
(8) A review of the Internet Crimes Against Children Task
Force Program, including--
(A) the number of ICAC task forces and location of each
ICAC task force;
(B) the number of trained personnel at each ICAC task
force;
(C) the amount of Federal grants awarded to each ICAC task
force;
(D) an assessment of the Federal, State, and local
cooperation in each task force, including--
(i) the number of arrests made by each task force;
(ii) the number of criminal referrals to United States
attorneys for prosecution;
(iii) the number of prosecutions and convictions from the
referrals made under clause (ii);
(iv) the number, if available, of local prosecutions and
convictions based on ICAC task force investigations; and
(v) any other information demonstrating the level of
Federal, State, and local coordination and cooperation, as
such information is to be determined by the Attorney General;
(E) an assessment of the training opportunities and
technical assistance available to support ICAC task force
grantees; and
(F) an assessment of the success of the Internet Crimes
Against Children Task Force Program at leveraging State and
local resources and matching funds.
(9) An assessment of the technical assistance and support
available for Federal, State, local, and tribal law
enforcement agencies, in the prevention, investigation, and
prosecution of child exploitation crimes.
(10) The backlog of forensic analysis for child
exploitation cases at each FBI Regional Forensic lab and an
estimate of the backlog at State and local labs.
(11) Plans for reducing the forensic backlog described in
paragraph (10), if any, at Federal, State and local forensic
labs.
(12) A review of the Federal programs related to child
exploitation prevention and education, including those
related to Internet safety, including efforts by the private
sector and nonprofit entities, or any other initiatives, that
have proven successful in promoting child safety and Internet
safety.
(13) An assessment of the future trends, challenges, and
opportunities, including new technologies, that will impact
Federal, State, local, and tribal efforts to combat child
exploitation.
(14) Plans for liaisons with the judicial branches of the
Federal and State governments on matters relating to child
exploitation.
(15) An assessment of Federal investigative and prosecution
activity relating to reported incidents of child exploitation
crimes, which shall include a number of factors, including--
(A) the number of high-priority suspects (identified
because of the volume of suspected criminal activity or
because of the danger to the community or a potential victim)
who were investigated and prosecuted;
(B) the number of investigations, arrests, prosecutions and
convictions for a crime of child exploitation; and
(C) the average sentence imposed and statutory maximum for
each crime of child exploitation.
(16) A review of all available statistical data indicating
the overall magnitude of child pornography trafficking in the
United States and internationally, including--
(A) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other sources of engaging in, peer-
to-peer file sharing of child pornography;
(B) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other reporting sources of engaging
in, buying and selling, or other commercial activity related
to child pornography;
(C) the number of computers or computer users, foreign and
domestic, observed engaging in, or suspected by law
enforcement agencies and other sources of engaging in, all
other forms of activity related to child pornography;
(D) the number of tips or other statistical data from the
National Center for Missing and Exploited Children's
CybertTipline and other data indicating the magnitude of
child pornography trafficking; and
(E) any other statistical data indicating the type, nature,
and extent of child exploitation crime in the United States
and abroad.
(17) Copies of recent relevant research and studies related
to child exploitation, including--
(A) studies related to the link between possession or
trafficking of child pornography and actual abuse of a child;
(B) studies related to establishing a link between the
types of files being viewed or shared and the type of illegal
activity; and
(C) any other research, studies, and available information
related to child exploitation.
(18) A review of the extent of cooperation, coordination,
and mutual support between private sector and other entities
and organizations and Federal agencies, including the
involvement of States, local and tribal government agencies
to the extent Federal programs are involved.
(19) The results of the Project Safe Childhood Conference
or other conferences or meetings convened by the Department
of Justice related to combating child exploitation.
(d) Appointment of High-Level Official.--
(1) In general.--The Attorney General shall designate a
senior official at the Department of Justice to be
responsible for coordinating the development of the National
Strategy established under subsection (a).
(2) Duties.--The duties of the official designated under
paragraph (1) shall include--
(A) acting as a liaison with all Federal agencies regarding
the development of the National Strategy;
(B) working to ensure that there is proper coordination
among agencies in developing the National Strategy;
(C) being knowledgeable about budget priorities and
familiar with all efforts within the Department of Justice
and the FBI related to child exploitation prevention and
interdiction; and
(D) presenting the National Strategy to Congress and being
available to answer questions related to the strategy at
congressional hearings, if requested by committees of
appropriate jurisdictions, on the contents of the National
Strategy and progress of the Department of Justice in
implementing the National Strategy.
SEC. 102. ESTABLISHMENT OF NATIONAL ICAC TASK FORCE PROGRAM.
(a) Establishment.--
(1) In general.--There is established within the Department
of Justice, under the general authority of the Attorney
General, a National Internet Crimes Against Children Task
Force Program (hereinafter in this title referred to as the
``ICAC Task Force Program''), which shall consist of a
national program of State and local law enforcement task
forces dedicated to developing effective responses to online
enticement of children by sexual predators, child
exploitation, and child obscenity and pornography cases.
(2) Intent of congress.--It is the purpose and intent of
Congress that the ICAC Task Force Program established under
paragraph (1) is intended to continue the ICAC Task Force
Program authorized under title I of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1998, and funded under title IV
of the Juvenile Justice and Delinquency Prevention Act of
1974.
(b) National Program.--
(1) State representation.--The ICAC Task Force Program
established under subsection (a) shall include at least 1
ICAC task force in each State.
(2) Capacity and continuity of investigations.--In order to
maintain established capacity and continuity of
investigations and prosecutions of child exploitation cases,
the Attorney General, shall, in establishing the ICAC Task
Force Program under subsection (a) consult with and consider
all 59 task forces in existence on the date of enactment of
this Act. The
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Attorney General shall include all existing ICAC task forces
in the ICAC Task Force Program, unless the Attorney General
makes a determination that an existing ICAC does not have a
proven track record of success.
SEC. 103. PURPOSE OF ICAC TASK FORCES.
The ICAC Task Force Program, and each State or local ICAC
task force that is part of the national program of task
forces, shall be dedicated toward--
(1) increasing the investigative capabilities of State and
local law enforcement officers in the detection,
investigation, and apprehension of Internet crimes against
children offenses or offenders, including technology-
facilitated child exploitation offenses;
(2) conducting proactive and reactive Internet crimes
against children investigations;
(3) providing training and technical assistance to ICAC
task forces and other Federal, State, and local law
enforcement agencies in the areas of investigations,
forensics, prosecution, community outreach, and capacity-
building, using recognized experts to assist in the
development and delivery of training programs;
(4) increasing the number of Internet crimes against
children offenses being investigated and prosecuted in both
Federal and State courts;
(5) creating a multiagency task force response to Internet
crimes against children offenses within each State;
(6) participating in the Department of Justice's Project
Safe Childhood initiative, the purpose of which is to combat
technology-facilitated sexual exploitation crimes against
children;
(7) enhancing nationwide responses to Internet crimes
against children offenses, including assisting other ICAC
task forces, as well as other Federal, State, and local
agencies with Internet crimes against children investigations
and prosecutions;
(8) developing and delivering Internet crimes against
children public awareness and prevention programs; and
(9) participating in such other activities, both proactive
and reactive, that will enhance investigations and
prosecutions of Internet crimes against children.
SEC. 104. DUTIES AND FUNCTIONS OF TASK FORCES.
Each State or local ICAC task force that is part of the
national program of task forces shall--
(1) consist of State and local investigators, prosecutors,
forensic specialists, and education specialists who are
dedicated to addressing the goals of such task force;
(2) work consistently toward achieving the purposes
described in section 103;
(3) engage in proactive investigations, forensic
examinations, and effective prosecutions of Internet crimes
against children;
(4) provide forensic, preventive, and investigative
assistance to parents, educators, prosecutors, law
enforcement, and others concerned with Internet crimes
against children;
(5) develop multijurisdictional, multiagency responses and
partnerships to Internet crimes against children offenses
through ongoing informational, administrative, and
technological support to other State and local law
enforcement agencies, as a means for such agencies to acquire
the necessary knowledge, personnel, and specialized equipment
to investigate and prosecute such offenses;
(6) participate in nationally coordinated investigations in
any case in which the Attorney General determines such
participation to be necessary, as permitted by the available
resources of such task force;
(7) establish or adopt investigative and prosecution
standards, consistent with established norms, to which such
task force shall comply;
(8) investigate, and seek prosecution on, tips related to
Internet crimes against children, including tips from the
National Internet Crimes Against Children Data System
established in section 105, the National Center for Missing
and Exploited Children's CyberTipline, ICAC task forces, and
other Federal, State, and local agencies, with priority being
given to investigative leads that indicate the possibility of
identifying or rescuing child victims, including
investigative leads that indicate a likelihood of seriousness
of offense or dangerousness to the community;
(9) develop procedures for handling seized evidence;
(10) maintain--
(A) such reports and records as are required under this
title; and
(B) such other reports and records as determined by the
Attorney General; and
(11) seek to comply with national standards regarding the
investigation and prosecution of Internet crimes against
children, as set forth by the Attorney General, to the extent
such standards are consistent with the law of the State where
the task force is located.
SEC. 105. NATIONAL INTERNET CRIMES AGAINST CHILDREN DATA
SYSTEM.
(a) In General.--The Attorney General shall establish a
National Internet Crimes Against Children Data System.
(b) Intent of Congress.--It is the purpose and intent of
Congress that the National Internet Crimes Against Children
Data System established in subsection (a) is intended to
continue and build upon Operation Fairplay developed by the
Wyoming Attorney General's office, which has established a
secure, dynamic undercover infrastructure that has
facilitated online law enforcement investigations of child
exploitation, information sharing, and the capacity to
collect and aggregate data on the extent of the problems of
child exploitation.
(c) Purpose of System.--The National Internet Crimes
Against Children Data System established under subsection (a)
shall be dedicated to assisting and supporting credentialed
law enforcement agencies authorized to investigate child
exploitation in accordance with Federal, State, local, and
tribal laws, including by providing assistance and support
to--
(1) Federal agencies investigating and prosecuting child
exploitation;
(2) the ICAC Task Force Program established under section
102; and
(3) State, local, and tribal agencies investigating and
prosecuting child exploitation.
(d) Cyber Safe Deconfliction and Information Sharing.--The
National Internet Crimes Against Children Data System
established under subsection (a)--
(1) shall be housed and maintained within the Department of
Justice or a credentialed law enforcement agency;
(2) shall be made available for a nominal charge to support
credentialed law enforcement agencies in accordance with
subsection (c); and
(3) shall--
(A) allow Federal, State, local, and tribal agencies and
ICAC task forces investigating and prosecuting child
exploitation to contribute and access data for use in
resolving case conflicts;
(B) provide, directly or in partnership with a credentialed
law enforcement agency, a dynamic undercover infrastructure
to facilitate online law enforcement investigations of child
exploitation;
(C) facilitate the development of essential software and
network capability for law enforcement participants; and
(D) provide software or direct hosting and support for
online investigations of child exploitation activities, or,
in the alternative, provide users with a secure connection to
an alternative system that provides such capabilities,
provided that the system is hosted within a governmental
agency or a credentialed law enforcement agency.
(e) Collection and Reporting of Data.--
(1) In general.--The National Internet Crimes Against
Children Data System established under subsection (a) shall
ensure the following:
(A) Real-time reporting.--All child exploitation cases
involving local child victims that are reasonably detectable
using available software and data are, immediately upon their
detection, made available to participating law enforcement
agencies.
(B) High-priority suspects.--Every 30 days, at minimum, the
National Internet Crimes Against Children Data System shall--
(i) identify high-priority suspects, as such suspects are
determined by the volume of suspected criminal activity or
other indicators of seriousness of offense or dangerousness
to the community or a potential local victim; and
(ii) report all such identified high-priority suspects to
participating law enforcement agencies.
(C) Annual reports.--Any statistical data indicating the
overall magnitude of child pornography trafficking and child
exploitation in the United States and internationally is made
available and included in the National Strategy, as is
required under section 101(c)(16).
(2) Rule of construction.--Nothing in this subsection shall
be construed to limit the ability of participating law
enforcement agencies to disseminate investigative leads or
statistical information in accordance with State and local
laws.
(f) Mandatory Requirements of Network.--The National
Internet Crimes Against Children Data System established
under subsection (a) shall develop, deploy, and maintain an
integrated technology and training program that provides--
(1) a secure, online system for Federal law enforcement
agencies, ICAC task forces, and other State, local, and
tribal law enforcement agencies for use in resolving case
conflicts, as provided in subsection (d);
(2) a secure system enabling online communication and
collaboration by Federal law enforcement agencies, ICAC task
forces, and other State, local, and tribal law enforcement
agencies regarding ongoing investigations, investigatory
techniques, best practices, and any other relevant news and
professional information;
(3) a secure online data storage and analysis system for
use by Federal law enforcement agencies, ICAC task forces,
and other State, local, and tribal law enforcement agencies;
(4) secure connections or interaction with State and local
law enforcement computer networks, consistent with reasonable
and established security protocols and guidelines;
(5) guidelines for use of the National Internet Crimes
Against Children Data System by Federal, State, local, and
tribal law enforcement agencies and ICAC task forces; and
(6) training and technical assistance on the use of the
National Internet Crimes Against Children Data System by
Federal, State, local, and tribal law enforcement agencies
and ICAC task forces.
(g) National Internet Crimes Against Children Data System
Steering Committee.--The Attorney General shall establish a
National Internet Crimes Against Children Data System
Steering Committee to provide guidance to the Network
relating to the program under subsection (f), and to assist
in the development of strategic plans for the System. The
Steering Committee shall consist of 10 members with expertise
in child exploitation prevention and interdiction
prosecution, investigation, or prevention, including--
(1) 3 representatives elected by the local directors of the
ICAC task forces, such representatives shall represent
different geographic regions of the country;
[[Page 21767]]
(2) 1 representative of the Department of Justice Office of
Information Services;
(3) 1 representative from Operation Fairplay, currently
hosted at the Wyoming Office of the Attorney General;
(4) 1 representative from the law enforcement agency having
primary responsibility for hosting and maintaining the
National Internet Crimes Against Children Data System;
(5) 1 representative of the Federal Bureau of
Investigation's Innocent Images National Initiative or
Regional Computer Forensic Lab program;
(6) 1 representative of the Immigration and Customs
Enforcement's Cyber Crimes Center;
(7) 1 representative of the United States Postal Inspection
Service; and
(8) 1 representative of the Department of Justice.
(h) Authorization of Appropriations.--There are authorized
to be appropriated for each of the fiscal years 2009 through
2016, $2,000,000 to carry out the provisions of this section.
SEC. 106. ICAC GRANT PROGRAM.
(a) Establishment.--
(1) In general.--The Attorney General is authorized to
award grants to State and local ICAC task forces to assist in
carrying out the duties and functions described under section
104.
(2) Formula grants.--
(A) Development of formula.--At least 75 percent of the
total funds appropriated to carry out this section shall be
available to award or otherwise distribute grants pursuant to
a funding formula established by the Attorney General in
accordance with the requirements in subparagraph (B).
(B) Formula requirements.--Any formula established by the
Attorney General under subparagraph (A) shall--
(i) ensure that each State or local ICAC task force shall,
at a minimum, receive an amount equal to 0.5 percent of the
funds available to award or otherwise distribute grants under
subparagraph (A); and
(ii) take into consideration the following factors:
(I) The population of each State, as determined by the most
recent decennial census performed by the Bureau of the
Census.
(II) The number of investigative leads within the
applicant's jurisdiction generated by the ICAC Data Network,
the CyberTipline, and other sources.
(III) The number of criminal cases related to Internet
crimes against children referred to a task force for Federal,
State, or local prosecution.
(IV) The number of successful prosecutions of child
exploitation cases by a task force.
(V) The amount of training, technical assistance, and
public education or outreach by a task force related to the
prevention, investigation, or prosecution of child
exploitation offenses.
(VI) Such other criteria as the Attorney General determines
demonstrate the level of need for additional resources by a
task force.
(3) Distribution of remaining funds based on need.--
(A) In general.--Any funds remaining from the total funds
appropriated to carry out this section after funds have been
made available to award or otherwise distribute formula
grants under paragraph (2)(A) shall be distributed to State
and local ICAC task forces based upon need, as set forth by
criteria established by the Attorney General. Such criteria
shall include the factors under paragraph (2)(B)(ii).
(B) Matching requirement.--A State or local ICAC task force
shall contribute matching non-Federal funds in an amount
equal to not less than 25 percent of the amount of funds
received by the State or local ICAC task force under
subparagraph (A). A State or local ICAC task force that is
not able or willing to contribute matching funds in
accordance with this subparagraph shall not be eligible for
funds under subparagraph (A).
(C) Waiver.--The Attorney General may waive, in whole or in
part, the matching requirement under subparagraph (B) if the
State or local ICAC task force demonstrates good cause or
financial hardship.
(b) Application.--
(1) In general.--Each State or local ICAC task force
seeking a grant under this section shall submit an
application to the Attorney General at such time, in such
manner, and accompanied by such information as the Attorney
General may reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Attorney
General determines to be essential to ensure compliance with
the requirements of this title.
(c) Allowable Uses.--Grants awarded under this section may
be used to--
(1) hire personnel, investigators, prosecutors, education
specialists, and forensic specialists;
(2) establish and support forensic laboratories utilized in
Internet crimes against children investigations;
(3) support investigations and prosecutions of Internet
crimes against children;
(4) conduct and assist with education programs to help
children and parents protect themselves from Internet
predators;
(5) conduct and attend training sessions related to
successful investigations and prosecutions of Internet crimes
against children; and
(6) fund any other activities directly related to
preventing, investigating, or prosecuting Internet crimes
against children.
(d) Reporting Requirements.--
(1) ICAC reports.--To measure the results of the activities
funded by grants under this section, and to assist the
Attorney General in complying with the Government Performance
and Results Act (Public Law 103-62; 107 Stat. 285), each
State or local ICAC task force receiving a grant under this
section shall, on an annual basis, submit a report to the
Attorney General that sets forth the following:
(A) Staffing levels of the task force, including the number
of investigators, prosecutors, education specialists, and
forensic specialists dedicated to investigating and
prosecuting Internet crimes against children.
(B) Investigation and prosecution performance measures of
the task force, including--
(i) the number of investigations initiated related to
Internet crimes against children;
(ii) the number of arrests related to Internet crimes
against children; and
(iii) the number of prosecutions for Internet crimes
against children, including--
(I) whether the prosecution resulted in a conviction for
such crime; and
(II) the sentence and the statutory maximum for such crime
under State law.
(C) The number of referrals made by the task force to the
United States Attorneys office, including whether the
referral was accepted by the United States Attorney.
(D) Statistics that account for the disposition of
investigations that do not result in arrests or prosecutions,
such as referrals to other law enforcement.
(E) The number of investigative technical assistance
sessions that the task force provided to nonmember law
enforcement agencies.
(F) The number of computer forensic examinations that the
task force completed.
(G) The number of law enforcement agencies participating in
Internet crimes against children program standards
established by the task force.
(2) Report to congress.--Not later than 1 year after the
date of enactment of this Act, the Attorney General shall
submit a report to Congress on--
(A) the progress of the development of the ICAC Task Force
Program established under section 102; and
(B) the number of Federal and State investigations,
prosecutions, and convictions in the prior 12-month period
related to child exploitation.
SEC. 107. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title--
(1) $60,000,000 for fiscal year 2009;
(2) $75,000,000 for fiscal year 2010;
(3) $75,000,000 for fiscal year 2011;
(4) $75,000,000 for fiscal year 2012;
(5) $75,000,000 for fiscal year 2013;
(6) $75,000,000 for fiscal year 2014;
(7) $100,000,000 for fiscal year 2015; and
(8) $100,000,000 for fiscal year 2016.
(b) Availability.--Funds appropriated under subsection (a)
shall remain available until expended.
TITLE II--ADDITIONAL MEASURES TO COMBAT CHILD EXPLOITATION
SEC. 201. ADDITIONAL REGIONAL COMPUTER FORENSIC LABS.
(a) Additional Resources.--The Attorney General shall
establish additional computer forensic capacity to address
the current backlog for computer forensics, including for
child exploitation investigations. The Attorney General may
utilize funds under this title to increase capacity at
existing regional forensic laboratories or to add
laboratories under the Regional Computer Forensic
Laboratories Program operated by the Federal Bureau of
Investigation.
(b) Purpose of New Resources.--The additional forensic
capacity established by resources provided under this section
shall be dedicated to assist Federal agencies, State and
local Internet Crimes Against Children task forces, and other
Federal, State, and local law enforcement agencies in
preventing, investigating, and prosecuting Internet crimes
against children.
(c) New Computer Forensic Labs.--If the Attorney General
determines that new regional computer forensic laboratories
are required under subsection (a) to best address existing
backlogs, such new laboratories shall be established pursuant
to subsection (d).
(d) Location of New Labs.--The location of any new regional
computer forensic laboratories under this section shall be
determined by the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation, the Regional
Computer Forensic Laboratory National Steering Committee, and
other relevant stakeholders.
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and every year thereafter, the
Attorney General shall submit a report to the Congress on how
the funds appropriated under this section were utilized.
(f) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal years 2009 through 2016,
$7,000,000 to carry out the provisions of this section.
SEC. 202. ADDITIONAL FIELD AGENTS FOR THE FBI.
(a) In General.--There are authorized to be appropriated to
the Attorney General $30,000,000 for each of the fiscal years
2009 through 2016 to fund the hiring of full-time Federal
Bureau of Investigation field agents and associated analysts
and support staff in addition to the number of such employees
serving in those capacities on the date of enactment of this
Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation cases
[[Page 21768]]
as part of the Federal Bureau of Investigation's Innocent
Images National Initiative.
SEC. 203. IMMIGRATION AND CUSTOMS ENFORCEMENT ENHANCEMENT.
(a) Additional Agents.--There are authorized to be
appropriated to the Secretary of Homeland Security
$15,000,000, for each of the fiscal years 2009 through 2016,
to fund the hiring of full-time agents and associated
analysts and support staff within the Bureau of Immigration
and Customs Enforcement in addition to the number of such
employees serving in those capacities on the date of
enactment of this Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases.
SEC. 204. COMBATING CHILD EXPLOITATION VIA THE UNITED STATES
POSTAL SERVICE.
(a) In General.--There are authorized to be appropriated to
the Postmaster General $5,000,000, for each of the fiscal
years 2009 through 2016, to fund the hiring of full-time
postal inspectors and associated analysts and support staff
in addition to the number of such employees serving in those
capacities on the date of the enactment of this Act.
(b) Sole Purpose.--The sole purpose of the additional staff
required to be hired under subsection (a) is to work on child
exploitation and child obscenity cases and may be used to
support the Deliver Me Home program developed by the United
States Postal Service.
TITLE III--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION
SEC. 301. EFFECTIVE CHILD PORNOGRAPHY PROSECUTION.
(a) Sexual Exploitation of Children.--Section 2251 of title
18, United States Code, is amended--
(1) in subsection (a), by striking ``knows or has reason to
know'' and all that follows through the period at the end,
and inserting ``transported in or affecting interstate or
foreign commerce or using a facility or means of interstate
or foreign commerce or mailed, if such visual depiction was
produced using materials that have been mailed, shipped, or
transported in interstate or foreign commerce by any means,
including by computer, or if such visual depiction has
actually been transported in or affecting interstate or
foreign commerce or using a facility or means of interstate
or foreign commerce or mailed.'';
(2) in subsection (b), by striking ``knows or has reason to
know'' and all that follows through the period at the end,
and inserting ``transported in or affecting interstate or
foreign commerce or using a facility or means of interstate
or foreign commerce or mailed, if such visual depiction was
produced using materials that have been mailed, shipped, or
transported in interstate or foreign commerce by any means,
including by computer, or if such visual depiction has
actually been transported in or affecting interstate or
foreign commerce or using a facility or means of interstate
or foreign commerce or mailed.'';
(3) in subsection (c)(2)--
(A) in subparagraph (A), by striking ``computer'' and
inserting ``using a facility or means of interstate or
foreign commerce''; and
(B) in subparagraph (B), by striking ``computer'' and
inserting ``using a facility or means of interstate or
foreign commerce''; and
(4) in subsection (d)(2)--
(A) in subparagraph (A), by striking ``transported in
interstate'' and all that follows through ``computer'' and
inserting ``transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or
foreign commerce,''; and
(B) in subparagraph (B), by striking ``transported in
interstate'' and all that follows through ``computer'' and
inserting ``transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or
foreign commerce,''.
(b) Selling or Buying of Children.--Subsection (c)(2) of
section 2251A of title 18, United States Code, is amended by
striking ``in interstate or foreign'' and all that follows
through ``computer or'' and inserting ``in or affecting
interstate or foreign commerce or using a facility or means
of interstate or foreign commerce, or by''.
(c) Material Involving the Sexual Exploitation of Minors.--
Subsection (a) of section 2252 of title 18, United States
Code, is amended--
(1) in paragraph (1), by striking ``in interstate or
foreign'' and all that follows through ``computer'' and
inserting ``in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign
commerce'';
(2) in paragraph (2)--
(A) by striking ``has been shipped or transported in
interstate or foreign commerce'' and inserting ``has been
shipped or transported in or affecting interstate or foreign
commerce or using a facility or means of interstate or
foreign commerce''; and
(B) by striking ``distribution in interstate or foreign
commerce'' and inserting ``distribution in or affecting
interstate or foreign commerce or using a facility or means
of interstate or foreign commerce'';
(3) in paragraph (3)(B), by striking ``has been shipped or
transported in interstate or foreign commerce'' and inserting
``has been shipped or transported in or affecting interstate
or foreign commerce or using a facility or means of
interstate or foreign commerce''; and
(4) in paragraph (4)(B), by striking ``has been shipped or
transported in interstate or foreign commerce'' and inserting
``has been shipped or transported in or affecting interstate
or foreign commerce or using a facility or means of
interstate or foreign commerce''.
(d) Material Constituting or Containing Child
Pornography.--Subsection (a) of section 2252A of title 18,
United States Code, is amended--
(1) by striking ``in interstate or foreign commerce by any
means, including by computer'' each place that term appears
and inserting ``in or affecting interstate or foreign
commerce or using a facility or means of interstate or
foreign commerce''; and
(2) in paragraph (6)(C), by striking ``or by transmitting
or causing to be transmitted any wire communication in
interstate or foreign commerce, including by computer'' and
inserting ``or a facility or means of interstate or foreign
commerce''.
(e) Obscene Visual Representations of the Sexual Abuse of
Children.--Subsection (d)(4) of section 1466A of title 18,
United States Code, is amended by striking ``has been shipped
transported in interstate or foreign commerce by any means,
including by computer'' and inserting ``has been shipped or
transported in or affecting interstate or foreign commerce or
using a facility or means of interstate or foreign
commerce''.
(f) Rule of Construction.--Nothing in this title, or any
amendment by this title, shall be construed to foreclose any
argument or ruling with respect to any Federal law that, for
the purposes of Federal jurisdiction, the use of a facility
or means of interstate or foreign commerce affects interstate
or foreign commerce.
SEC. 302. PROHIBIT THE BROADCAST OF LIVE IMAGES OF CHILD
ABUSE.
Section 2251 of title 18, United States Code is amended--
(1) in subsection (a), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``if such person
knows or has reason to know that such visual depiction will
be transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''; and
(2) in subsection (b), by--
(A) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct'';
(B) inserting ``or transmitted'' after ``person knows or
has reason to know that such visual depiction will be
transported'';
(C) inserting ``or transmitted'' after ``if that visual
depiction was produced''; and
(D) inserting ``or transmitted'' after ``has actually been
transported''.
SEC. 303. AMENDMENT TO SECTION 2256 OF TITLE 18, UNITED
STATES CODE.
Section 2256(5) of title 18, United States Code is amended
by--
(1) striking ``and'' before ``data'';
(2) after ``visual image'' by inserting ``, and data which
is capable of conversion into a visual image that has been
transmitted by any means, whether or not stored in a
permanent format''.
SEC. 304. AMENDMENT TO SECTION 2260 OF TITLE 18, UNITED
STATES CODE.
Section 2260(a) of title 18, United States Code, is amended
by--
(1) inserting ``or for the purpose of transmitting a live
visual depiction of such conduct'' after ``for the purpose of
producing any visual depiction of such conduct''; and
(2) inserting ``or transmitted'' after ``imported''.
SEC. 305. PROHIBITING THE ALTERATION OF AN IMAGE OF A REAL
CHILD TO CREATE AN IMAGE OF SEXUALLY EXPLICIT
CONDUCT.
(a) In General.--Subsection (a) of section 2252A of title
18, United States Code, is amended--
(1) in paragraph (5) by striking ``; or'' and inserting a
semicolon;
(2) in paragraph (6), by striking the period at the end and
inserting ``; or''; and
(3) by inserting at the end the following:
``(7) knowingly creates, alters, adapts, or modifies a
visual depiction of an identifiable minor, as defined in
section 2256(9), so that it depicts child pornography as
defined in section 2256(8), and intends to distribute or
actually distributes that visual depiction by any means,
where such person knows or has reason to know that such
visual depiction will be transported in or affecting
interstate or foreign commerce or using a facility or means
of interstate or foreign commerce or mailed, where such
visual depiction has actually been transported in or
affecting interstate or foreign commerce or using a facility
or means of interstate or foreign commerce or mailed, or
where the visual depiction was produced using materials that
have been mailed, shipped, or transported in interstate or
foreign commerce by any means, including by computer,''.
(b) Penalty.--Section 2252A(b) of title 18, United States
Code, is amended by striking ``(4), or (6)'' and inserting
``(4), (6), or (7)''.
SEC. 306. REFERRALS TO AUTHORIZED FOREIGN LAW ENFORCEMENT
AGENCIES.
(a) Voluntary Reports.--A provider of electronic
communication services or remote computing services may
voluntarily make a report, as defined at section 227(b)(1) of
the Victims of Child abuse Act of 1990 (42 U.S.C.
13032(b)(1)), directly to a representative of a foreign law
enforcement agency--
[[Page 21769]]
(1) of a foreign state that is a signatory to a Mutual
Legal Assistance Treaty with the United States that has been
ratified by the United States Senate and has come into force;
and
(2) that has certified in writing that the request is made
for the purpose of investigating, or engaging in enforcement
proceedings related to, possible violations of foreign laws
related to child pornography and child exploitation similar
to practices prohibited by sections 2251, 2251A, 2252, 2252A,
2252B, or 2260 of title 18, United States Code, involving
child pornography (as defined in section 2256 of that title),
or 1466A of that title.
(b) Reports to Foreign Law Enforcement.--Reports to foreign
law enforcement may only be transmitted to the Central
Authority designated in the foreign country's Mutual Legal
Assistance Treaty with the United States and may only be
transmitted via mail or fax, or via electronic mail to a
government-owned e-mail domain.
(c) Reports to NCMEC.--Nothing in this section shall be
construed to relieve providers of electronic communication
services or remote computing services of their obligations
under section 227(b)(1) of the Victims of Child abuse Act of
1990 (42 U.S.C. 13032(b)(1)) to make reports to the National
Center for Missing and Exploited Children.
(d) Limitation on Liability.--
(1) In general.--Except as provided in paragraph (2), a
provider of electronic communication services or remote
computing services, or any of its directors, officers,
employees, or agents, is not liable in any civil or criminal
action arising from the performance of the reporting
activities described in subsection (a).
(2) Intentional, reckless, or other misconduct.--Paragraph
(1) does not apply in an action in which a party proves that
the provider of electronic communication services or remote
computing services, or its officer, employee, or agent as the
case may be, engaged in intentional misconduct or acted with
actual malice, or with reckless disregard to a substantial
risk of causing injury without legal justification.
TITLE IV--NATIONAL INSTITUTE OF JUSTICE STUDY OF RISK FACTORS
SEC. 401. NIJ STUDY OF RISK FACTORS FOR ASSESSING
DANGEROUSNESS.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the National Institute of Justice
shall prepare a report to identify investigative factors that
reliably indicate whether a subject of an online child
exploitation investigation poses a higher risk of harm to
children. Such a report shall be prepared in consultation and
coordination with Federal law enforcement agencies, the
National Center for Missing and Exploited Children, Operation
Fairplay at the Wyoming Attorney General's Office, the
Internet Crimes Against Children Task Force, and other State
and local law enforcement.
(b) Contents of Analysis.--The report required by
subsection (a) shall include a thorough analysis of potential
investigative factors in on-line child exploitation cases and
an appropriate examination of investigative data from prior
prosecutions and case files of identified child victims.
(c) Report to Congress.--Not later than 1 year after the
date of enactment of this Act, the National Institute of
Justice shall submit a report to the House and Senate
Judiciary Committees that includes the findings of the study
required by this section and makes recommendations on
technological tools and law enforcement procedures to help
investigators prioritize scarce resources to those cases
where there is actual hands-on abuse by the suspect.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $1,000,000 to the National Institute of
Justice to conduct the study required under this section.
Mr. DURBIN. Mr. President, I ask unanimous consent that the committee
substitute be withdrawn; a Biden substitute amendment, which is at the
desk, be agreed to; the bill, as amended, be read a third time and
passed; the title amendment be agreed to; the motions to reconsider be
laid upon the table with no intervening action or debate, and any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5650) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The bill (S. 1738), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
The amendment (No. 5651) was agreed to, as follows:
Amend the title so as to read: ``To require the Department
of Justice to develop and implement a National Strategy Child
Exploitation Prevention and Interdiction, to improve the
Internet Crimes Against Children Task Force, to increase
resources for regional computer forensic labs, and to make
other improvements to increase the ability of law enforcement
agencies to investigate and prosecute child predators.''
____________________
RUNAWAY AND HOMELESS PROTECTION ACT
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 751, S. 2982.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 2982) to amend the Runaway and Homeless Youth
Act to authorize appropriations, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with an
amendment to strike all after the enacting clause and insert in lieu
there of the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Runaway and Homeless Youth
Protection Act''.
SEC. 2. FINDINGS.
Section 302 of the Runaway and Homeless Youth Act (42
U.S.C. 5701) is amended--
(1) by redesignating paragraphs (3), (4), and (5) as
paragraphs (4), (5), and (6), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) services to such young people should be developed and
provided using a positive youth development approach that
ensures a young person a sense of--
``(A) safety and structure;
``(B) belonging and membership;
``(C) self-worth and social contribution;
``(D) independence and control over one's life; and
``(E) closeness in interpersonal relationships.''.
SEC. 3. BASIC CENTER PROGRAM.
(a) Services Provided.--Section 311 of the Runaway and
Homeless Youth Act (42 U.S.C. 5711) is amended--
(1) in subsection (a)(2)(B), by striking clause (i) and
inserting the following:
``(i) safe and appropriate shelter provided for not to
exceed 21 days; and''; and
(2) in subsection (b)(2)--
(A) by striking ``$100,000'' and inserting ``$200,000'';
(B) by striking ``$45,000'' and inserting ``$70,000''; and
(C) by adding at the end the following: ``Whenever the
Secretary determines that any part of the amount allotted
under paragraph (1) to a State for a fiscal year will not be
obligated before the end of the fiscal year, the Secretary
shall reallot such part to the remaining States for
obligation for the fiscal year.''.
(b) Eligibility.--Section 312(b) of the Runaway and
Homeless Youth Act (42 U.S.C. 5712(b)) is amended--
(1) in paragraph (11) by striking ``and'' at the end;
(2) in paragraph (12) by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(13) shall develop an adequate emergency preparedness and
management plan.''.
SEC. 4. TRANSITIONAL LIVING GRANT PROGRAM.
(a) Eligibility.--Section 322(a) of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-2(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``indirectly'' and inserting ``by
contract''; and
(B) by striking ``services'' the first place it appears and
inserting ``provide, directly or indirectly, services,'';
(2) in paragraph (2), by striking ``a continuous period not
to exceed 540 days, except that'' and all that follows and
inserting the following: ``a continuous period not to exceed
635 days, except that a youth in a program under this part
who has not reached 18 years of age on the last day of the
635-day period may, if otherwise qualified for the program,
remain in the program until the earlier of the youth's 18th
birthday or the 180th day after the end of the 635-day
period;'';
(3) in paragraph (14), by striking ``and'' at the end;
(4) in paragraph (15), by striking the period and inserting
``; and''; and
(5) by adding at the end the following:
``(16) to develop an adequate emergency preparedness and
management plan.''.
SEC. 5. GRANTS FOR RESEARCH EVALUATION, DEMONSTRATION, AND
SERVICE PROJECTS.
Section 343 of the Runaway and Homeless Youth Act (42
U.S.C. 5714-23) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``special consideration'' and inserting ``priority'';
(B) in paragraph (8)--
(i) by striking ``to health'' and inserting ``to quality
health'';
(ii) by striking ``mental health care'' and inserting
``behavioral health care''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (9), by striking the period at the end and
inserting ``, including access to educational and workforce
programs to achieve outcomes such as decreasing high school
dropout rates, increasing rates of attaining a secondary
school diploma or its recognized equivalent, or increasing
placement and retention in postsecondary education or
advanced workforce training programs; and''; and
[[Page 21770]]
(D) by adding at the end the following:
``(10) providing programs, which shall include innovative
programs, that assist youth in obtaining and maintaining safe
and stable housing, and which may include programs with
supportive services that continue after the youth complete
the remainder of the programs.''; and
(2) by striking subsection (c) and inserting the following:
``(c) In selecting among applicants for grants under
subsection (a), the Secretary shall--
``(1) give priority to applicants who have experience
working with runaway or homeless youth in high-quality
programs; and
``(2) ensure that the applicants selected--
``(A) represent diverse geographic regions of the United
States; and
``(B) carry out projects that serve diverse populations of
runaway or homeless youth.''.
SEC. 6. COORDINATING, TRAINING, RESEARCH, AND OTHER
ACTIVITIES.
Part D of the Runaway and Homeless Youth Act (42 U.S.C.
5714-21 et seq.) is amended by adding at the end the
following:
``SEC. 345. PERIODIC ESTIMATE OF INCIDENCE AND PREVALENCE OF
YOUTH HOMELESSNESS.
``(a) Periodic Estimate.--Not later than 2 years after the
date of enactment of the Runaway and Homeless Youth
Protection Act, and at 5-year intervals thereafter, the
Secretary shall prepare, and submit to the Speaker of the
House of Representatives and the President pro tempore of the
Senate, a written report that--
``(1) contains an estimate, obtained by using the best
quantitative and qualitative social science research methods
available, of the incidence and prevalence of runaway and
homeless individuals who are not less than 13 years of age
but less than 26 years of age; and
``(2) includes with such estimate an assessment of the
characteristics of such individuals.
``(b) Content.--Each assessment required by subsection (a)
shall include--
``(1) the results of conducting a survey of, and direct
interviews with, a representative sample of runaway and
homeless individuals who are not less than 13 years of age
but less than 26 years of age to determine past and current--
``(A) socioeconomic characteristics of such individuals;
and
``(B) barriers to such individuals obtaining--
``(i) safe, quality, and affordable housing;
``(ii) comprehensive and affordable health insurance and
health services; and
``(iii) incomes, public benefits, supportive services, and
connections to caring adults; and
``(2) such other information as the Secretary determines,
in consultation with States, units of local government, and
national nongovernmental organizations concerned with
homelessness, may be useful.
``(c) Implementation.--If the Secretary enters into any
agreement with a non-Federal entity for purposes of carrying
out subsection (a), such entity shall be a nongovernmental
organization, or an individual, determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.''.
SEC. 7. SEXUAL ABUSE PREVENTION PROGRAM.
Section 351(b) of the Runaway and Homeless Youth Act (42
U.S.C. 5714-41(b)) is amended by inserting ``public and''
after ``priority to''.
SEC. 8. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
The Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)
is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following:
``PART F--NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN
``SEC. 361. NATIONAL HOMELESS YOUTH AWARENESS CAMPAIGN.
``(a) Awareness Campaign.--The Secretary shall, directly or
through grants or contracts, conduct a national homeless
youth awareness campaign (referred to in this section as the
`national awareness campaign') in accordance with this
section for purposes of--
``(1) increasing awareness of individuals of all ages,
socioeconomic backgrounds, and geographic locations, of the
issues facing runaway and homeless youth (including youth
considering running away); and
``(2) encouraging parents and guardians, educators, health
care professionals, social service professionals, law
enforcement officials, stakeholders, and other community
members to assist youth described in paragraph (1) in
averting or resolving runaway and homeless situations.
``(b) Use of Funds.--Funds made available to carry out this
part for the national awareness campaign may only be used for
the following:
``(1) Dissemination of educational information and
materials through various media, including television, radio,
the Internet and related technologies, and emerging
technologies.
``(2) Evaluation of the effectiveness of the activities
described in paragraphs (1) and (5).
``(3) Development of partnerships with national
organizations concerned with youth homelessness, community-
based youth service organizations, including faith-based
organizations, and government organizations to carry out the
national awareness campaign.
``(4) Conducting outreach activities to stakeholders and
potential stakeholders in the national awareness campaign.
``(5) In accordance with applicable laws (including
regulations), development and placement in telecommunications
media (including the Internet and related technologies, and
emerging technologies) of public service announcements that
educate the public on--
``(A) the issues facing runaway and homeless youth
(including youth considering running away); and
``(B) the opportunities that adults have to assist youth
described in subparagraph (A).
``(c) Prohibitions.--None of the funds made available to
carry out this part may be obligated or expended for any of
the following:
``(1) To fund public service time that supplants pro bono
public service time donated by national or local broadcasting
networks, advertising agencies, or production companies for
the national awareness campaign, or to fund activities that
supplant pro bono work for the national awareness campaign.
``(2) To carry out partisan political purposes, or express
advocacy in support of or opposition to any clearly
identified candidate, clearly identified ballot initiative,
or clearly identified legislative or regulatory proposal.
``(3) To fund advertising that features any elected
official, person seeking elected office, cabinet level
official, or other Federal employee employed pursuant to
section 213.3301 or 213.3302 of title 5, Code of Federal
Regulations (or any corresponding similar regulation or
ruling).
``(4) To fund advertising that does not contain a primary
message intended to educate the public on the issues and
opportunities described in subsection (b)(5).
``(5) To fund advertising that solicits contributions from
both public and private sources to support the national
awareness campaign.
``(d) Financial and Performance Accountability.--The
Secretary shall cause to be performed--
``(1) audits and examinations of records, relating to the
costs of the national awareness campaign, pursuant to section
304C of the Federal Property and Administrative Services Act
of 1949 (41 U.S.C. 254d); and
``(2) audits to determine whether the costs of the national
awareness campaign are allowable under section 306 of such
Act (41 U.S.C. 256).
``(e) Report.--The Secretary shall include in each report
submitted under section 382(a) a summary of information about
the national awareness campaign that describes--
``(1) the strategy of the national awareness campaign and
whether specific objectives of the campaign were
accomplished;
``(2) steps taken to ensure that the national awareness
campaign operated in an effective and efficient manner
consistent with the overall strategy and focus of the
national awareness campaign; and
``(3) all grants or contracts entered into with a
corporation, partnership, or individual working on the
national awareness campaign.''.
SEC. 9. CONFORMING AMENDMENTS.
(a) Reports.--Section 382(a) of the Runaway and Homeless
Youth Act (42 U.S.C. 5715(a)) is amended by striking ``, and
E'' and inserting ``, E, and F''.
(b) Consolidated Review.--Section 385 of the Runaway and
Homeless Youth Act (42 U.S.C. 5731a) is amended by striking
``, and E'' and inserting ``, E, and F''.
(c) Evaluation and Information.--Section 386(a) of the
Runaway and Homeless Youth Act (42 U.S.C. 5732(a)) is amended
by striking ``, or E'' and inserting ``, E, or F''.
SEC. 10. PERFORMANCE STANDARDS.
Part G of the Runaway and Homeless Youth Act (42 U.S.C.
5714a et seq.), as redesignated by section 8, is amended by
inserting after section 386 the following:
``SEC. 386A. PERFORMANCE STANDARDS.
``(a) Establishment of Performance Standards.--Not later
than 1 year after the date of enactment of the Runaway and
Homeless Youth Protection Act, the Secretary shall issue
rules that specify performance standards for public and
nonprofit private entities that receive grants under sections
311, 321, and 351.
``(b) Consultation.--The Secretary shall consult with
representatives of public and nonprofit private entities that
receive grants under this title, including statewide and
regional nonprofit organizations (including combinations of
such organizations) that receive grants under this title, and
national nonprofit organizations concerned with youth
homelessness, in developing the performance standards
required by subsection (a).
``(c) Implementation of Performance Standards.--The
Secretary shall integrate the performance standards into the
processes of the Department of Health and Human Services for
grantmaking, monitoring, and evaluation for programs under
parts A, B, and E.''.
SEC. 11. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study, including making findings and
recommendations, relating to the processes for making grants
under parts A, B, and E of the Runaway and Homeless Youth Act
(42 U.S.C. 5711 et seq., 5714-1 et seq., 5714-41).
(2) Subjects.--In particular, the Comptroller General shall
study--
(A) the Secretary's written responses to and other
communications with applicants who do not receive grants
under part A, B, or E of such Act, to determine if the
information provided in the responses and communications is
conveyed clearly;
(B) the content of the grant applications for the grants,
and of other associated documents (including grant
announcements), to determine if the applications and other
associated documents are presented in a way that gives an
applicant a clear understanding of the information that the
applicant must provide in each portion of an application to
successfully complete it, and a clear understanding of the
terminology
[[Page 21771]]
used throughout the application and other associated
documents;
(C) the peer review process for applications for the
grants, including the selection of peer reviewers, the
oversight of the process by staff of the Department of Health
and Human Services, and the extent to which such staff make
funding determinations based on the comments and scores of
the peer reviewers;
(D) the typical timeframe, and the process and
responsibilities of such staff, for responding to applicants
for the grants, and the efforts made by such staff to
communicate with the applicants when funding decisions or
funding for the grants is delayed, such as when funding is
delayed due to funding of a program through appropriations
made under a continuing resolution; and
(E) the plans for implementation of, and the implementation
of, where practicable, the technical assistance and training
programs carried out under section 342 of the Runaway and
Homeless Youth Act (42 U.S.C. 5714-22), and the effect of
such programs on the application process for the grants.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the Committee on Education and Labor of the
House of Representatives and the Committee on the Judiciary
of the Senate a report containing the findings and
recommendations resulting from the study.
SEC. 12. DEFINITIONS.
(a) Homeless Youth.--Section 387(3) of the Runaway and
Homeless Youth Act (42 U.S.C. 5732a(3)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``The'' and all that follows through ``means'' and inserting
``The term `homeless', used with respect to a youth, means'';
and
(2) in subparagraph (A)(ii), by striking ``not less than 16
years of age'' and inserting ``not less than 16 years of age
and not more than 21 years of age, except that nothing in
this clause shall prevent a participant who enters the
program carried out under part B prior to reaching 22 years
of age from being eligible for the 635-day length of stay
authorized by section 322(a)(2); and''.
(b) Runaway Youth.--Section 387 of the Runaway and Homeless
Youth Act (42 U.S.C. 5732a) is amended--
(1) by redesignating paragraphs (4), (5), (6), and (7) as
paragraphs (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Runaway youth.--The term `runaway', used with respect
to a youth, means an individual who is less than 18 years of
age and who absents himself or herself from home or a place
of legal residence without the permission of a parent or
legal guardian.''.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
Section 388(a) of the Runaway and Homeless Youth Act (42
U.S.C. 5751(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``is authorized'' and inserting ``are
authorized'';
(B) by striking ``part E) $105,000,000 for fiscal year
2004'' and inserting ``section 345 and parts E and F)
$150,000,000 for fiscal year 2009''; and
(C) by striking ``2005, 2006, 2007, and 2008'' and
inserting ``2010, 2011, 2012, and 2013'';
(2) in paragraph (3)--
(A) by striking ``In'' and inserting the following:
``(A) In general.--In'';
(B) by inserting ``(other than section 345)'' before the
period; and
(C) by adding at the end the following:
``(B) Periodic estimate.--There are authorized to be
appropriated to carry out section 345 such sums as may be
necessary for fiscal years 2009, 2010, 2011, 2012, and
2013.'';
(3) in paragraph (4)--
(A) by striking ``is authorized'' and inserting ``are
authorized''; and
(B) by striking ``such sums as may be necessary for fiscal
years 2004, 2005, 2006, 2007, and 2008'' and inserting
``$30,000,000 for fiscal year 2009 and such sums as may be
necessary for fiscal years 2010, 2011, 2012, and 2013''; and
(4) by adding at the end the following:
``(5) Part f.--There are authorized to be appropriated to
carry out part F $3,000,000 for fiscal year 2009 and such
sums as may be necessary for fiscal years 2010, 2011, 2012,
and 2013.''.
Mr. LEAHY. Mr. President, this spring, I was proud to introduce the
bipartisan Runaway and Homeless Youth Protection Act of 2008 along with
Senator Specter, the ranking Republican on the Judiciary Committee. I
am pleased that finally, after four months of delay due to an
objection, the Senate has acted to pass this important bill.
The Runaway and Homeless Youth Protection Act was included in the
Advancing America's Priorities Act, a larger package of bills the
Senate considered this summer. All of the bills contained in the
Advancing America's Priorities Act should have passed by consent, but
were stalled on the Senate floor by Republican objection. Like most of
the measures in the bill, the Runaway and Homeless Youth Protection Act
has bipartisan backing and passed the House with overwhelming support.
This is legislation on which we should all agree, and I am glad the
objection has been lifted. I hope the House will quickly consider this
legislation and send it to the President to be signed into law.
Regrettably, the junior Senator from Oklahoma, who neither attended
the Judiciary Committee hearing we had on this bill, nor objected when
the legislation was reported out of the Judiciary Committee, has
insisted on substantive changes to the bipartisan and bicameral
consensus bill before he will lift his objection. He opposes including
a public awareness campaign so that the youth who might benefit from
these programs know about the services their community provides. We
removed it at the request of the Senator. He has also objected to
allowing youth to stay in the Transitional Living Program a few extra
months in order to make sure they are able to leave the program safely.
I have worked with the House to clarify language that the extended
length of stay would only be used by programs in exceptional
circumstances. He has also required that the authorized level of
funding for these programs that help our Nation's youth be slashed. I
intend to work with Senators Harkin and Specter and others on the
Appropriations Committee to ensure that these programs are funded at
the appropriate level that should have been authorized into law. We
have made further concessions on other legislation to accommodate him.
I have made still more concessions to the junior Senator from Arizona,
who made additional extraneous demands at the eleventh hour.
The Runaway and Homeless Youth Act is the way in which the Federal
Government helps communities across the country protect some of our
most vulnerable children. It was first passed the year I was elected to
the Senate. We have reauthorized it several times since then, and
working with Senator Specter and Senators on both sides of the aisle, I
am glad the Senate has done so again this year. The programs authorized
during the past 30 years by the RHYA have consistently proven critical
to protecting and giving hope to our Nation's runaway and homeless
youth.
Under the Runaway and Homeless Youth Act, every State receives a
basic center grant to provide housing and crisis services for runaway
and homeless youth and their families. Community-based groups around
the country can also apply for funding through the Transitional Living
Program and the sexual abuse prevention/street outreach grant program.
The transitional living program grants are used to provide longer term
housing to homeless youth between the ages of 16 and 21, and to help
them become self-sufficient. The outreach grants are used to target
youth susceptible to engaging in high-risk behaviors while living on
the street.
Despite the changes to the bill made in response to Republican
objections, our bill makes improvements to the Runaway and Homeless
Youth Act reauthorizations of past years. It doubles funding for states
by instituting a minimum of $200,000, which will allow states to better
meet the diverse needs of their communities. This bill also requires
the Department of Health and Human Services to develop performance
standards for grantees. Providing program guidelines would level the
playing field for bidders, ensure consistency among providers, and
increase the effectiveness of the services under the Runaway and
Homeless Youth Act. In addition, our legislation develops an incidence
study to better estimate the number of runaway and homeless youth and
to identify trends. The incidence study would provide more accurate
estimates of the runaway and homeless youth population and would help
lawmakers make better policy decisions and allow communities to provide
better outreach.
On April 29, the Senate Judiciary Committee held a hearing to focus
the Senate's attention on these problems and to identify and develop
solutions to protect runaway and homeless youth. It was the first
Senate hearing on these matters in more than a decade. We heard from a
distinguished panel of witnesses, some of whom
[[Page 21772]]
spoke firsthand about the significant challenges that young people face
when they have nowhere to go.
Our witnesses demonstrated that young people can overcome harrowing
obstacles and create new opportunities when given the chance. One
witness went from living as a homeless youth in his teens to earning
two Oscar nominations as a distinguished actor. Another witness is
working with homeless youth at the same Vermont organization that
enabled him to stop living on the streets and is on his way to great
things. Our witness panel gave useful and insightful suggestions on how
to improve the Runaway and Homeless Youth Act to make it more
effective. We have included many of these recommendations in our bill.
The prevalence of homelessness among young people in America is
shockingly high. The problem is not limited to large cities. Its impact
is felt strongly in smaller communities and rural areas as well. It
affects our young people directly and reverberates throughout our
families and communities. That this problem continues in the richest
country in the world means that we need to redouble our commitment and
our efforts to safeguard our Nation's youth. We need to support the
dedicated people in communities across the country who work to address
these problems every day.
In my home State of Vermont, the Vermont Coalition for Runaway and
Homeless Youth, the New England Network for Child, Youth, and Family
Services, and Spectrum Youth and Family Services in Burlington all
receive grants under these programs and have provided excellent
services that provide assistance to thousands of youth.
The overwhelming need for services is not limited to any one state or
community. Many transitional living programs are forced to turn away
young people seeking shelter. We heard testimony of an exemplary
program within blocks of our Nation's Capitol that has a waiting list
as long as a year. This is unacceptable. The needs in our communities
are real, and reauthorizing the law will allow these programs to expand
their enormously important work.
These topics are difficult but deserve our attention. I am glad the
Senate has taken an important step toward addressing these issues by
passing the Runaway and Homeless Youth Protection Act today.
Mr. DURBIN. Mr. President, I ask unanimous consent that the Leahy
amendment at the desk be agreed to; the committee substitute amendment,
as amended, be agreed to; the bill be read a third time and passed; the
motions to reconsider be laid upon the table, with no intervening
action or debate, and any statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5652) was agreed to.
(The amendment is printed in today's Record under ``Text of
amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 2982), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________
EXTENDING WAIVER AUTHORITY FOR THE SECRETARY OF EDUCATION
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 6890, which was received
from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 6890) to extend the waiver authority for the
Secretary of Education under section 105 of subtitle A of
Title IV of division B of Public Law 109-148, relating to
elementary and secondary education hurricane recovery relief,
and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motions to reconsider be laid upon the
table, with no intervening action or debate, and any statements related
to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 6890) was ordered to a third reading, was read the
third time, and passed.
____________________
DEFENSE PRODUCTION ACT EXTENSION AND REAUTHORIZATION OF 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of H.R. 6894, which was received
from the House.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 6894) to extend and reauthorize the Defense
Production Act of 1950, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. DODD. Mr. President, today we are acting on House-passed
legislation which contains a 1-year extension of the Defense Production
Act, DPA, which I hope will be swiftly approved by the Senate. While I
am delighted that this extension legislation was passed by the House
Tuesday night, it is crucial to remember that many of this law's
authorities, last renewed in 2003, expire on September 30. We have just
a few legislative days to get this done. As the United Sates continues
to fight two wars and respond to various natural disasters, it is
important that we not allow key provisions to expire--provisions
allowing our Government agencies to ensure that American industry meets
varying demands of national emergencies. Such measures involve mandates
to keep industry producing critical resources for our military and
first responders in times of crisis, and initiatives for maintaining
crucial investments in strategic technologies.
During the Korean war, what was then the Senate Banking & Currency
Committee--the precursor to today's Committee on Banking, Housing and
Urban Affairs--authored the Defense Production Act to ensure the
availability of key industrial resources for the Department of Defense,
DOD. Over time, the Defense Production Act has been amended to include
energy supply, emergency preparedness, and critical infrastructure
protections, thereby allowing civilian agencies to respond rapidly to
crises such as natural disasters and terrorist attacks.
In the last several months, the Committee on Banking, Housing, and
Urban Affairs received two reports mandated by law from the Government
Accountability Office and Department of Homeland Security. These
reports highlighted major shortfalls in the administration's
application of DPA authorities. Furthermore, I have been informed that
in 2004, FEMA and other Federal agencies conducted their own internal
review of DPA authorities and made several recommendations to the White
House's Homeland Security Council. The White House chose not to act on
those recommendations, and Congress has still not been fully briefed on
these findings.
In a perfect world, we would fully analyze and incorporate
appropriate findings of pertinent reviews. Unfortunately, due to time
constraints of the current legislative session, including our work on
measures to address the crisis in our financial system, it is clear
that a complete assessment now of their conclusions would be
impossible. But we should not simply reauthorize this act for another 5
years. The recommendations gathered in these valuable reports should be
reviewed, considered for legislation in a workable bill, and enacted
into law in the near future; not 5 years from now.
Simply put, granting a 1-year extension would provide our agencies
with the authorities they need in the short term, but will also
maintain the expectation that in 2009 the Banking Committee and the
U.S. Senate will conduct a thoughtful review of these recommendations
in hearings, mark-up, and floor consideration. I look forward
[[Page 21773]]
to working with my colleagues in the Senate, as well as in a new
administration, to see to it that the DPA is modernized to address the
challenges of the 21st century. In the meantime, I thank my colleagues
for working with me to approve this 2009 reauthorization.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motion to reconsider be laid upon the
table, with no intervening action or debate, and that any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 6894) was ordered to a third reading, was read the
third time, and passed.
____________________
NEED-BASED EDUCATIONAL AID ACT OF 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that the Judiciary
Committee be discharged from further consideration of H.R. 1777, and
the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (H.R. 1777) to amend the Improving America's Schools
Act of 1994 to make permanent the favorable treatment of
need-based educational aid under the antitrust laws.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. Mr. President, I ask unanimous consent that a Leahy-Hatch
amendment, which is at the desk, be agreed to, the bill, as amended, be
read a third time and passed, the motions to reconsider be laid upon
the table, with no intervening action or debate, and that any
statements relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 5653) was agreed to, as follows:
(Purpose: To amend the Improving America's Schools Act of 1994 to
extend the favorable treatment of need-based educational aid under the
antitrust laws)
On page 2, strike lines 5 and 6 and insert the following:
``Section 568(d) of the Improving America's Schools Act of
1994 (15 U.S.C. 1 note) is amended by striking `2008' and
inserting `2015'.''.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill (H.R. 1777), as amended, was read the third time, and
passed.
____________________
WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM LOAN AUTHORIZATION ACT
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 1080, S. 3128.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 3128) to direct the Secretary of the Interior to
provide a loan to the White Mountain Apache Tribe for use in
planning, engineering, and designing a certain water system
project.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Indian Affairs, with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``White Mountain Apache Tribe
Rural Water System Loan Authorization Act''.
SEC. 2. DEFINITIONS.
(a) Miner Flat Project.--The term ``Miner Flat Project''
means the White Mountain Apache Rural Water System, comprised
of the Miner Flat Dam and associated domestic water supply
components, as described in the project extension report
dated February 2007.
(b) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Commissioner of
Reclamation (or any other designee of the Secretary).
(c) Tribe.--The term ``Tribe'' means the White Mountain
Apache Tribe, a federally recognized Indian tribe organized
pursuant to section 16 of the Indian Reorganization Act of
1934 (25 U.S.C. 476 et seq.).
SEC. 3. MINER FLAT PROJECT LOAN.
(a) Loan.--Subject to the availability of appropriations
and the condition that the Tribe and the Secretary have
executed a cooperative agreement under section 4(a), not
later than 90 days after the date on which amounts are made
available to carry out this section and the cooperative
agreement has been executed, the Secretary shall provide to
the Tribe a loan in an amount equal to $9,800,000, adjusted,
as appropriate, based on ordinary fluctuations in engineering
cost indices applicable to the Miner Flat Project during the
period beginning on October 1, 2007, and ending on the date
on which the loan is provided, as determined by the
Secretary, to carry out planning, engineering, and design of
the Miner Flat Project in accordance with section 4.
(b) Terms and Conditions of Loan.--The loan provided under
subsection (a) shall--
(1) be at a rate of interest of 0 percent; and
(2) be repaid over a term of 25 years, beginning on January
1, 2013.
(c) Administration.--Subject to section 4, the Secretary
shall administer the planning, engineering, and design of the
Miner Flat Project.
SEC. 4. PLANNING, ENGINEERING, AND DESIGN.
(a) Cooperative Agreement.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall offer to enter
into a cooperative agreement with the Tribe for the planning,
engineering, and design of the Miner Flat Project in
accordance with this Act.
(2) Mandatory provisions.--A cooperative agreement under
paragraph (1) shall--
(A) specify, in a manner that is acceptable to the
Secretary and the Tribe, the rights, responsibilities, and
liabilities of each party to the agreement; and
(B) require that the planning, engineering, design, and
construction of the Miner Flat Project be in accordance with
all applicable Federal environmental laws.
(b) Applicability of Indian Self-Determination and
Education Assistance Act.--Each activity for the planning,
engineering, or design of the Miner Flat Project shall be
subject to the requirements of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.).
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are
necessary to carry out this Act.
Mr. DURBIN. Mr. President, I ask unanimous consent that the
committee-reported amendment be agreed to, the bill, as amended, be
read a third time and passed, the motions to reconsider be laid upon
the table, and that any statements relating to the bill be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment in the nature of a substitute was agreed to.
The bill (S. 3128), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
____________________
PROVIDING FUNDS FOR COMMUNITY FOOD PROJECTS
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3597 introduced earlier
today by Senator Harkin.
The PRESIDING OFFICER. The clerk will report the title of the bill.
The assistant legislative clerk read as follows:
A bill (S. 3597) to provide that funds allocated for
community food projects for fiscal year 2008 shall remain
available until September 30, 2009.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed, the motion to reconsider be laid upon the
table with no intervening action or debate, and any statements related
to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3597) was ordered to be engrossed for a third reading,
was ordered to a third reading, was read the third time, and passed.
S. 3597
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. COMMUNITY FOOD PROJECTS.
(a) Technical Correction.--Section 4406(a)(7) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-234; 122
Stat. 1902) is amended by striking ``Food and Nutrition Act
of 2008'' and inserting ``Food Stamp Act of 1977''.
(b) Allocation of Funds.--Funds allocated under section
25(b) of the Food Stamp Act of 1977 (7 U.S.C. 2034(b)) for
fiscal year 2008 shall remain available until September 30,
2009, to fund proposals solicited in fiscal year 2008.
[[Page 21774]]
____________________
DRUG TRAFFICKING VESSEL INTERDICTION ACT OF 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3598 introduced earlier
today by Senator Inouye.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 3598) to amend titles 46 and 18, United States
Code, with respect to the operation of submersible vessels
and semi-submersible vessels without nationality.
There being no objection, the Senate proceeded to consider the bill.
Mr. DURBIN. Mr. President, I ask unanimous consent that the bill be
read three times and passed; the motion to reconsider be laid upon the
table with no intervening action or debate; and any statements related
to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3598) was ordered to be engrossed for a third reading,
was ordered to a third reading, was read the third time, and passed.
S. 3598
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Drug Trafficking Vessel
Interdiction Act of 2008''.
TITLE I--CRIMINAL PROHIBITION
SEC. 101. FINDINGS AND DECLARATIONS.
Congress finds and declares that operating or embarking in
a submersible vessel or semi-submersible vessel without
nationality and on an international voyage is a serious
international problem, facilitates transnational crime,
including drug trafficking, and terrorism, and presents a
specific threat to the safety of maritime navigation and the
security of the United States.
SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE
VESSEL WITHOUT NATIONALITY.
(a) In General.--Chapter 111 of title 18, United States
Code, is amended by adding at the end the following new
section:
`` 2285. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE
VESSEL WITHOUT NATIONALITY.
``(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any
submersible vessel or semi-submersible vessel that is without
nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the
territorial sea of a single country or a lateral limit of
that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this
title, imprisoned not more than 15 years, or both.
``(b) Evidence of Intent To Evade Detection.--For purposes
of subsection (a), the presence of any of the indicia
described in paragraph (1)(A), (E), (F), or (G), or in
paragraph (4), (5), or (6), of section 70507(b) of title 46
may be considered, in the totality of the circumstances, to
be prima facie evidence of intent to evade detection.
``(c) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section, including an attempt or conspiracy to commit
such an offense.
``(d) Claim of Nationality or Registry.--A claim of
nationality or registry under this section includes only--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
``(2) flying its nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
``(e) Affirmative Defenses.--
``(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
``(A) a vessel of the United States or lawfully registered
in a foreign nation as claimed by the master or individual in
charge of the vessel when requested to make a claim by an
officer of the United States authorized to enforce applicable
provisions of United States law;
``(B) classed by and designed in accordance with the rules
of a classification society;
``(C) lawfully operated in government-regulated or licensed
activity, including commerce, research, or exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or long
range identification and tracking system.
``(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of relevant
classification surveys and valid at the time of the offense;
or
``(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
``(f) Federal Activities Excepted.--Nothing in this section
applies to lawfully authorized activities carried out by or
at the direction of the United States Government.
``(g) Applicability of Other Provisions.--Sections 70504
and 70505 of title 46 apply to offenses under this section in
the same manner as they apply to offenses under section 70503
of such title.
``(h) Definitions.--In this section, the terms `submersible
vessel', `semi-submersible vessel', `vessel of the United
States', and `vessel without nationality' have the meaning
given those terms in section 70502 of title 46.''.
(b) Clerical Amendment.--The chapter analysis for chapter
111 of title 18, United States Code, is amended by inserting
after the item relating to section 2284 the following:
``2285. Operation of submersible vessel or semi-submersible vessel
without nationality''.
SEC. 103. SENTENCING GUIDELINES.
(a) In General.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission
shall promulgate sentencing guidelines (including policy
statements) or amend existing sentencing guidelines
(including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or
embarking in any submersible vessel or semi-submersible
vessel in violation of section 2285 of title 18, United
States Code.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense
described in section 2285 of title 18, United States Code,
and the need for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible vessel or semi-submersible
vessel described in section 2285 of title 18, United States
Code, to facilitate other felonies;
(B) the repeated use of a submersible vessel or semi-
submersible vessel described in section 2285 of title 18,
United States Code, to facilitate other felonies, including
whether such use is part of an ongoing criminal organization
or enterprise;
(C) whether the use of such a vessel involves a pattern of
continued and flagrant violations of section 2285 of title
18, United States Code;
(D) whether the persons operating or embarking in a
submersible vessel or semi-submersible vessel willfully
caused, attempted to cause, or permitted the destruction or
damage of such vessel or failed to heave to when directed by
law enforcement officers; and
(E) circumstances for which the sentencing guidelines (and
policy statements) provide sentencing enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy
statements, and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set
forth in section 3553(a)(2) of title 18, United States Code.
TITLE II--CIVIL PROHIBITION
SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE
VESSEL WITHOUT NATIONALITY.
(a) Finding and declaration.--Section 70501 of title 46,
United States Code, is amended--
(1) by inserting ``(1)'' after ``that''; and
(2) by striking ``States.'' and inserting ``States and (2)
operating or embarking in a submersible vessel or semi-
submersible vessel without nationality and on an
international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking,
and terrorism, and presents a specific threat to the safety
of maritime navigation and the security of the United
States.''.
SEC. 202. OPERATION PROHIBITED.
(a) In General.--Chapter 705 of title 46, United States
Code, is amended by adding at the end thereof the following:
`` 70508. Operation of submersible vessel or semi-
submersible vessel without nationality
``(a) In General.--An individual may not operate by any
means or embark in any submersible vessel or semi-submersible
vessel that is without nationality and that is navigating or
has navigated into, through, or from waters beyond the outer
limit of the
[[Page 21775]]
territorial sea of a single country or a lateral limit of
that country's territorial sea with an adjacent country, with
the intent to evade detection.
``(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the
presence of any of the indicia described in paragraph (1)(A),
(E), (F), or (G), or in paragraph (4), (5), or (6), of
section 70507(b) may be considered, in the totality of the
circumstances, to be prima facie evidence of intent to evade
detection.
``(c) Defenses.--
``(1) In general.--It is a defense in any civil enforcement
proceeding for a violation of subsection (a) that the
submersible vessel or semi-submersible vessel involved was,
at the time of the violation--
``(A) a vessel of the United States or lawfully registered
in a foreign nation as claimed by the master or individual in
charge of the vessel when requested to make a claim by an
officer of the United States authorized to enforce applicable
provisions of United States law;
``(B) classed by and designed in accordance with the rules
of a classification society;
``(C) lawfully operated in government-regulated or licensed
activity, including commerce, research, or exploration; or
``(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or long
range identification and tracking system.
``(2) Production of documents.--The defenses provided by
this subsection are proved conclusively by the production
of--
``(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
``(B) a certificate of classification issued by the
vessel's classification society upon completion of relevant
classification surveys and valid at the time of the offense;
or
``(C) government documents evidencing licensure,
regulation, or registration for research or exploration.
``(d) Civil Penalty.--A person violating this section shall
be liable to the United States for a civil penalty of not
more than $1,000,000.''
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 705 of title 46,
United States Code, is amended by inserting after the item
relating to section 70507 the following:
``70508. Operation of submersible vessel or semi-submersible vessel
without nationality''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ``or 70508'' after ``70503''.
(3) Section 70505 of title 46, United States Code, is
amended by striking ``this title'' and inserting ``this
title, or against whom a civil enforcement proceeding is
brought under section 70508,''.
SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL
DEFINED.
Section 70502 of title 46, United States Code, is amended
by adding at the end thereof the following:
``(f) Semi-submersible Vessel; Submersible Vessel.--In this
chapter:
``(1) Semi-submersible vessel.--The term `semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
``(2) Submersible vessel.--The term `submersible vessel'
means a vessel that is capable of operating completely below
the surface of the water, including both manned and unmanned
watercraft.''.
____________________
EXECUTIVE SESSION
____________________
NOMINATIONS DISCHARGED AND PLACED ON THE CALENDAR
Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate
proceed to executive session and that the Agriculture Committee be
discharged of PN1824, the nomination of Mark Everett Keenum, and that
the nomination be placed on the calendar.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DURBIN. Mr. President, I ask unanimous consent the Rules
Committee be discharged from the following: PN655, the nomination of
Garcia M. Hillman; PN1661, the nomination of Donetta Davidson; PN1662,
the nomination of Rosemary E. Rodriguez; and PN1963, the nomination of
Gineen Bresso Beach, and the nominations be placed on the Executive
Calendar.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
LAND-BASED SOURCES PROTOCOL TO THE CARTAGENA CONVENTION
______
THE HAGUE CONVENTION
______
AMENDMENT TO THE CONVENTION ON PHYSICAL PROTECTION OF NUCLEAR MATERIAL
______
INTERNATIONAL CONVENTION FOR SUSPENSION OF ACTS OF NUCLEAR TERRORISM
______
PROTOCOLS OF 2005 TO THE CONVENTION CONCERNING THE SAFETY OF MARITIME
NAVIGATION AND TO THE PROTOCOL CONCERNING THE SAFETY OF FIXED PLATFORMS
ON THE CONTINENTIAL SHELF
______
PROTOCOL TO THE NORTH ATLANTIC TREATY OF 1949 ON THE ACCESSION OF THE
REPUBLIC OF ALBANIA
______
1998 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE
INTERNATIONAL TELECOMMUNICATION UNION
______
2002 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE
INTERNATIONAL TELECOMMUNICATION UNION
______
2006 AMENDMENTS TO THE CONSTITUTION AND THE CONVENTION OF THE
INTERNATIONAL TELECOMMUNICATION UNION
Mr. DURBIN. I ask unanimous consent the Senate consider the following
treaties on the Executive Calendar, Calendar Nos. 25, 31, 34, 35, 36,
37, 38, 39, and 40, and that the treaties be considered as having
advanced through the various parliamentary stages up to and including
the presentation of the resolutions of ratification; that any committee
understandings, declarations, or conditions be agreed to as applicable;
that any statements be printed in the Record as if read; and that the
Senate take one vote on the resolutions of ratification to be
considered as separate votes; further, that when the resolutions of
ratification are voted on, the motions to reconsider be considered made
and laid on the table, the President be immediately notified of the
Senate's action, and the Senate resume legislative session, all without
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The treaties and protocol will be considered to have passed through
their
[[Page 21776]]
various parliamentary stages, up to and including the presentation of
the resolutions of ratification.
Mr. DURBIN. I ask for the division vote on the resolutions of
ratification.
The PRESIDING OFFICER. A division vote has been requested.
Senators in favor of the resolutions of ratification of these
treaties will rise and stand until counted.
Those opposed will rise and stand until counted.
On a division, two-thirds of the Senators present having voted in the
affirmative, the resolutions of ratification are agreed to.
The resolutions of ratification agreed to are as follows:
Treaty Doc. 110-1: Land-Based Sources Protocol to the Cartagena
Convention
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to
declarations.
The Senate advises and consents to the ratification of the
Protocol Concerning Pollution from Land-Based Sources and
Activities to the Convention for the Protection and
Development of the Marine Environment of the Wider Caribbean
Region, with Annexes, done at Oranjestad, Aruba, on October
6, 1999 (Treaty Doc. 110-1), subject to the declaration of
section 2 and the declaration of section 3.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration, which shall be included
in the instrument of ratification:
In accordance with Article XVIII, the United States of
America declares that, with respect to the United States of
America, any new annexes to the Protocol shall enter into
force only upon the deposit of its instrument of
ratification, acceptance, approval or accession with respect
thereto.
Section 3. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Protocol is not self-executing.
Treaty Doc. 106-1A: The Hague Convention
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent Subject to
Understandings and a Declaration.
The Senate advises and consents to the ratification of the
Hague Convention for the Protection of Cultural Property in
the Event of Armed Conflict, concluded on May 14, 1954
(Treaty Doc. 106-1(A)), subject to the understandings of
section 2 and the declaration of section 3.
Section 2. Understandings.
The advice and consent of the Senate under section 1 is
subject to the following understandings, which shall be
included in the instrument of ratification:
(1) It is the understanding of the United States of America
that ``special protection,'' as defined in Chapter II of the
Convention, codifies customary international law in that it,
first, prohibits the use of any cultural property to shield
any legitimate military targets from attack and, second,
allows all property to be attacked using any lawful and
proportionate means, if required by military necessity and
notwithstanding possible collateral damage to such property.
(2) It is the understanding of the United States of America
that any decision by any military commander, military
personnel, or any other person responsible for planning,
authorizing, or executing military action or other activities
covered by this Convention shall only be judged on the basis
of that person's assessment of the information reasonably
available to the person at the time the person planned,
authorized, or executed the action under review, and shall
not be judged on the basis of information that comes to light
after the action under review was taken.
(3) It is the understanding of the United States of America
that the rules established by the Convention apply only to
conventional weapons, and are without prejudice to the rules
of international law governing other types of weapons,
including nuclear weapons.
(4) It is the understanding of the United States of America
that, as is true for all civilian objects, the primary
responsibility for the protection of cultural objects rests
with the Party controlling that property, to ensure that it
is properly identified and that it is not used for an
unlawful purpose.
Section 3. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
With the exception of the provisions that obligate the
United States to impose sanctions on persons who commit or
order to be committed a breach of the Convention, this
Convention is self-executing. This Convention does not confer
private rights enforceable in United States courts.
Treaty Doc. 110-6: Amendment to the Convention on Physical Protection
of Nuclear Material
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to a
reservation, understandings, and a declaration.
The Senate advises and consents to the ratification of the
Amendment to the Convention on the Physical Protection of
Nuclear Material, adopted on July 8, 2005 (the ``Amendment'')
(Treaty Doc. 110-6), subject to the reservation of section 2,
the understandings of section 3, and the declaration of
section 4.
Section 2. Reservation.
The advice and consent of the Senate under section 1 is
subject to the following reservation, which shall be included
in the instrument of ratification:
Consistent with Article 17(3) of the Convention on the
Physical Protection of Nuclear Material, the United States of
America declares that it does not consider itself bound by
Article 17(2) of the Convention on the Physical Protection of
Nuclear Material with respect to disputes concerning the
interpretation or application of the Amendment.
Section 3. Understandings.
The advice and consent of the Senate under section 1 is
subject to the following understandings, which shall be
included in the instrument of ratification:
(1) The United States of America understands that the term
``armed conflict'' in Paragraph 5 of the Amendment (Article 2
of the Convention on the Physical Protection of Nuclear
Material, as amended) does not include internal disturbances
and tensions, such as riots, isolated and sporadic acts of
violence, and other acts of a similar nature.
(2) The United States of America understands that the term
``international humanitarian law'' in Paragraph 5 of the
Amendment (Article 2 of the Convention on the Physical
Protection of Nuclear Material, as amended) has the same
substantive meaning as the law of war.
(3) The United States of America understands that, pursuant
to Paragraph 5 of the Amendment (Article 2 of the Convention
on the Physical Protection of Nuclear Material, as amended),
the Convention on the Physical Protection of Nuclear
Material, as amended, will not apply to: (a) the military
forces of a State, which are the armed forces of a State
organized, trained, and equipped under its internal law for
the primary purpose of national defense or security, in the
exercise of their official duties; (b) civilians who direct
or organize the official activities of military forces of a
State; or (c) civilians acting in support of the official
activities of the military forces of a State, if the
civilians are under the formal command, control, and
responsibility of those forces.
Section 4. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
With the exception of the provisions that obligate the
United States to criminalize certain offenses, make those
offenses punishable by appropriate penalties, and authorize
the assertion of jurisdiction over such offenses, this
Amendment is self-executing. Included among the self-
executing provisions are those provisions obligating the
United States to treat certain offenses as extraditable
offenses for purposes of bilateral extradition treaties. This
Amendment does not confer private rights enforceable in
United States courts.
Treaty Doc. 110-4: International Convention for Suppression of Acts of
Nuclear Terrorism
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to a
reservation, understandings, and a declaration.
The Senate advises and consents to the ratification of the
International Convention for the Suppression of Acts of
Nuclear Terrorism, adopted on April 13, 2005, and signed on
behalf of the United States of America on September 14, 2005
(the ``Convention'') (Treaty Doc. 110-4), subject to the
reservation of section 2, the understandings of section 3,
and the declaration of section 4.
Section 2. Reservation.
The advice and consent of the Senate under section 1 is
subject to the following reservation, which shall be included
in the instrument of ratification:
Pursuant to Article 23(2) of the Convention, the United
States of America declares that it does not consider itself
bound by Article 23(1) of the Convention.
Section 3. Understandings.
The advice and consent of the Senate under section 1 is
subject to the following understandings, which shall be
included in the instrument of ratification:
(1) The United States of America understands that the term
``armed conflict'' in Article 4 of the Convention does not
include situations of internal disturbances and tensions,
such as riots, isolated and sporadic acts of violence, and
other acts of a similar nature.
(2) The United States of America understands that the term
``international humanitarian law'' in Article 4 of the
Convention has the same substantive meaning as the law of
war.
(3) The United States of America understands that, pursuant
to Article 4 and Article 1(6), the Convention does not apply
to: (a)
[[Page 21777]]
the military forces of a State, which are the armed forces of
a State organized, trained, and equipped under its internal
law for the primary purpose of national defense or security,
in the exercise of their official duties; (b) civilians who
direct or organize the official activities of military forces
of a State; or (c) civilians acting in support of the
official activities of the military forces of a State, if the
civilians are under the formal command, control, and
responsibility of those forces.
(4) The United States of America understands that current
United States law with respect to the rights of persons in
custody and persons charged with crimes fulfills the
requirement in Article 12 of the Convention and, accordingly,
the United States does not intend to enact new legislation to
fulfill its obligations under this Article.
Section 4. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
With the exception of the provisions that obligate the
United States to criminalize certain offenses, make those
offenses punishable by appropriate penalties, and authorize
the assertion of jurisdiction over such offenses, this
Convention is self-executing. Included among the self-
executing provisions are those provisions obligating the
United States to treat certain offenses as extraditable
offenses for purposes of bilateral extradition treaties. None
of the provisions in the Convention, including Articles 10
and 12, confer private rights enforceable in United States
courts.
Treaty Doc. 110-8: Protocols of 2005 to the Convention Concerning the
Safety of Maritime Navigation and to the Protocol Concerning the Safety
of Fixed Platforms on the Continental Shelf
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to a
reservation, understandings, and a declaration.
The Senate advises and consents to the ratification of the
Protocol of 2005 to the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed Platforms Located
on the Continental Shelf, adopted on October 14, 2005, and
signed on behalf of the United States of America on February
17, 2006 (the ``2005 Fixed Platforms Protocol'') (Treaty Doc.
110-8), subject to the reservation of section 2, the
understandings of section 3, and the declaration of section
4.
Section 2. Reservation.
The advice and consent of the Senate under section 1 is
subject to the following reservation, which shall be included
in the instrument of ratification:
Consistent with Article 16(2) of the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 2005, and incorporated by Article 2 of the 2005
Fixed Platforms Protocol, the United States of America
declares that it does not consider itself bound by Article
16(1) of the Convention and incorporated by Article 2 of the
2005 Fixed Platforms Protocol, with respect to disputes
concerning the interpretation or application of the Protocol
of 2005 to the Protocol for the Suppression of Unlawful Acts
against the Safety of Fixed Platforms Located on the
Continental Shelf.
Section 3. Understandings.
The advice and consent of the Senate under section 1 is
subject to the following understandings, which shall be
included in the instrument of ratification:
(1) The United States of America understands that the term
``armed conflict'' as used in paragraph 2 of Article 2bis of
the Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, 2005, and incorporated by
Article 2 of the 2005 Fixed Platforms Protocol, does not
include internal disturbances and tensions, such as riots,
isolated and sporadic acts of violence, and other acts of a
similar nature.
(2) The United States of America understands that the term
``international humanitarian law,'' as used in paragraphs 1
and 2 of Article 2bis of the Convention for the Suppression
of Unlawful Acts against the Safety of Maritime Navigation,
2005, and incorporated by Article 2 of the 2005 Fixed
Platforms Protocol, has the same substantive meaning as the
``law of war.''
(3) The United States of America understands that, pursuant
to paragraph 2 of Article 2bis of the Convention for the
Suppression of Unlawful Acts against the Safety of Maritime
Navigation, 2005, and incorporated by Article 2 of the 2005
Fixed Platforms Protocol, the Protocol for the Suppression of
Unlawful Acts against the Safety of Fixed Platforms Located
on the Continental Shelf, 2005, does not apply to: (a) the
military forces of a State, which are the armed forces of a
State organized, trained, and equipped under its internal law
for the primary purpose of national defense or security, in
the exercise of their official duties; (b) civilians who
direct or organize the official activities of military forces
of a State; or (c) civilians acting in support of the
official activities of the military forces of a State, if the
civilians are under the formal command, control, and
responsibility of those forces.
(4) The United States of America understands that current
United States law with respect to the rights of persons in
custody and persons charged with crimes fulfills the
requirement in paragraph 2 of Article 10 of the Convention
for the Suppression of Unlawful Acts against the Safety of
Maritime Navigation, 2005, and incorporated by Article 2 of
the 2005 Fixed Platforms Protocol, and, accordingly, the
United States does not intend to enact new legislation to
fulfill its obligations under this Article.
Section 4. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
With the exception of the provisions that obligate the
United States to criminalize certain offenses, make those
offenses punishable by appropriate penalties, and authorize
the assertion of jurisdiction over such offenses, the 2005
Fixed Platforms Protocol is self-executing. Included among
the self-executing provisions are those provisions obligating
the United States to treat certain offenses as extraditable
offenses for purposes of bilateral extradition treaties. None
of the provisions of the 2005 Fixed Platforms Protocol,
including those incorporating by reference Articles 7 and 10
of the Convention for the Suppression of Unlawful Acts
against the Safety of Maritime Navigation, 2005, confer
private rights enforceable in United States courts.
Treaty Doc. 110-20: Protocol to the North Atlantic Treaty of 1949 on
the Accession of the Republic of Albania
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to a
declaration and a condition.
The Senate advises and consents to the ratification of the
Protocol to the North Atlantic Treaty of 1949 on the
Accession of the Republic of Albania, adopted at Brussels on
July 9, 2008, and signed that day on behalf of the United
States of America (the ``Protocol'') (Treaty Doc. 110-20),
subject to the declaration of section 2 and the condition of
section 3.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
(a) Article 10 of the North Atlantic Treaty provides that
Parties may, by unanimous agreement, invite any other
European State in a position to further the principles of the
North Atlantic Treaty and to contribute to the security of
the North Atlantic area to accede to the North Atlantic
Treaty, and thus become a member of the North Atlantic Treaty
Organization (``NATO'').
(b) The Bucharest Summit Declaration, issued by the Heads
of States and Governments participating in the meeting of the
North Atlantic Council in Bucharest on April 3, 2008, states
that NATO welcomes Ukraine's and Georgia's Euro-Atlantic
aspirations for membership in NATO. The Bucharest Summit
Declaration additionally states that it was ``agreed today
that these countries will become members of NATO.''
(c) The Senate declares that it is important that NATO keep
its door open to all European democracies willing and able to
assume the responsibilities and obligations of membership.
Section 3. Condition.
The advice and consent of the Senate under section 1 is
subject to the following condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the
President shall certify to the Senate as follows:
1. The inclusion of the Republic of Albania in NATO will
not have the effect of increasing the overall percentage
share of the United States in the common budgets of NATO; and
2. The inclusion of the Republic of Albania in NATO does
not detract from the ability of the United States to meet or
to fund its military requirements outside the North Atlantic
area.
Treaty Doc. 110-20: Protocol to the North Atlantic Treaty of 1949 on
the Accession of the Republic of Croatia
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to a
declaration and a condition.
The Senate advises and consents to the ratification of the
Protocol to the North Atlantic Treaty of 1949 on the
Accession of the Republic of Croatia, adopted at Brussels on
July 9, 2008, and signed that day on behalf of the United
States of America (the ``Protocol'') (Treaty Doc. 110-20),
subject to the declaration of section 2 and the condition of
section 3.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
(a) Article 10 of the North Atlantic Treaty provides that
Parties may, by unanimous agreement, invite any other
European State in a position to further the principles of the
North Atlantic Treaty and to contribute to the security of
the North Atlantic area to accede to the North Atlantic
Treaty, and thus become a member of the North Atlantic Treaty
Organization (``NATO'').
(b) The Bucharest Summit Declaration, issued by the Heads
of States and Governments participating in the meeting of the
North Atlantic Council in Bucharest on
[[Page 21778]]
April 3, 2008, states that NATO welcomes Ukraine's and
Georgia's Euro-Atlantic aspirations for membership in NATO.
The Bucharest Summit Declaration additionally states that it
was ``agreed today that these countries will become members
of NATO.''
(c) The Senate declares that it is important that NATO keep
its door open to all European democracies willing and able to
assume the responsibilities and obligations of membership.
Section 3. Condition.
The advice and consent of the Senate under section 1 is
subject to the following condition:
Presidential Certification
Prior to the deposit of the instrument of ratification, the
President shall certify to the Senate as follows:
1. The inclusion of the Republic of Croatia in NATO will
not have the effect of increasing the overall percentage
share of the United States in the common budgets of NATO; and
2. The inclusion of the Republic of Croatia in NATO does
not detract from the ability of the United States to meet or
to fund its military requirements outside the North Atlantic
area.
Treaty Doc. 108-5: 1998 Amendments to the Constitution and the
Convention of the International Telecommunication Union
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to
reservations and declarations.
The Senate advises and consents to the ratification of the
amendments to the Constitution and Convention of the
International Telecommunication Union (Geneva 1992), as
amended by the Plenipotentiary Conference (Kyoto 1994),
signed by the United States at Minneapolis on November 6,
1998, as contained in the Final Acts of the Plenipotentiary
Conference (Minneapolis 1998) (the ``1998 Final Acts'')
(Treaty Doc. 108-5), subject to declarations and reservations
Nos. 90 (second paragraph), 90 (third paragraph), 101, 102,
and 111 of the 1998 Final Acts and the declaration of section
2.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is not self-executing.
Treaty Doc. 109-11: 2002 Amendments to the Constitution and the
Convention of the International Telecommunication Union
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to
reservations and declarations.
The Senate advises and consents to the ratification of the
amendments to the Constitution and Convention of the
International Telecommunication Union (Geneva 1992), as
amended by the Plenipotentiary Conference (Kyoto 1994) and
the Plenipotentiary Conference (Minneapolis 1998), signed by
the United States at Marrakesh on October 18, 2002, as
contained in the Final Acts of the Plenipotentiary Conference
(Marrakesh 2002) (the ``2002 Final Acts'') (Treaty Doc. 109-
11), subject to declarations and reservations Nos. 70 (second
paragraph), 70 (third paragraph), 71, 79, 80, and 101 of the
2002 Final Acts and the declaration of section 2.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is not self-executing.
Treaty Doc. 110-16: 2006 Amendments to the Constitution and the
Convention of the International Telecommunication Union
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent subject to
reservations and declarations.
The Senate advises and consents to the ratification of the
amendments to the Constitution and Convention of the
International Telecommunication Union (Geneva 1992), as
amended by the Plenipotentiary Conference (Kyoto 1994), the
Plenipotentiary Conference (Minneapolis 1998), and the
Plenipotentiary Conference (Marrakesh 2002), signed by the
United States at Antalya on November 24, 2006, as contained
in the Final Acts of the Plenipotentiary Conference (Antalya
2006) (the ``2006 Final Acts'') (Treaty Doc. 110-16), subject
to declarations and reervations Nos. 70(1)(second paragraph),
70(1)(third paragraph), 70(2), 104, and 106 of the 2006 Final
Acts and the declaration of section 2.
Section 2. Declaration.
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is not self-executing.
____________________
APPOINTMENT
The PRESIDING OFFICER. The Chair, on behalf of the Minority Leader,
pursuant to Public Law 110-183, announces the appointment of the
following individual as a member of the Commission on the Abolition of
the Transatlantic Slave Trade: Mark Rodgers, of Virginia.
____________________
UNANIMOUS CONSENT AGREEMENT--H.R. 2638
Mr. DURBIN. Mr. President, I ask unanimous consent that with respect
to the House message on H.R. 2638, that if cloture is filed on the
motion to concur in the House amendment with a technical amendment on
Friday, it be as if the cloture motion was filed on Thursday, September
25, with the mandatory quorum waived; and that the cloture vote occur
on Saturday, at a time to be determined.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
ORDERS FOR FRIDAY, SEPTEMBER 26, 2008
Mr. DURBIN. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand in recess until 9:30 a.m.
tomorrow, Friday, September 26; that following the prayer and the
pledge, the Journal of proceedings be approved to date, the time for
the two leaders be reserved for their use later in the day, and the
Senate proceed to a period of morning business, with Senators permitted
to speak for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. DURBIN. We have been working on an agreement to have a vote in
relation to the stimulus tomorrow morning. Senators will be notified of
the timing of the vote once an agreement is reached. We would like to
vote in the neighborhood of around 11:30 a.m. tomorrow.
____________________
RECESS UNTIL 9:30 A.M. TOMORROW
Mr. DURBIN. If there is no further business to come before the
Senate, I ask unanimous consent that it stand in recess under the
previous order.
There being no objection, the Senate, at 9:22 p.m., recessed until
Friday, September 26, 2008, at 9:30 a.m.
____________________
DISCHARGED NOMINATIONS
The Senate Committee on Rules and Administration was discharged from
further consideration of the following nominations and the nominations
were placed on the Executive Calendar:
GRACIA M. HILLMAN, OF THE DISTRICT OF COLUMBIA, TO BE A
MEMBER OF THE ELECTION ASSISTANCE COMMISSION FOR A TERM
EXPIRING DECEMBER 12, 2009.
DONETTA DAVIDSON, OF COLORADO, TO BE A MEMBER OF THE
ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIRING DECEMBER
12, 2011.
ROSEMARY E. RODRIGUEZ, OF COLORADO, TO BE A MEMBER OF THE
ELECTION ASSISTANCE COMMISSION FOR A TERM EXPIRING DECEMBER
12, 2011.
GINEEN BRESSO BEACH, OF NEW YORK, TO BE A MEMBER OF THE
ELECTION ASSISTANCE COMMISSION FOR THE REMAINDER OF THE TERM
EXPIRING DECEMBER 12, 2009.
The Senate Committee on Agriculture, Nutrition, and Forestry was
discharged from further consideration of the following nomination and
the nomination was placed on the Executive Calendar:
*MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE A MEMBER OF THE
FARM CREDIT ADMINISTRATION BOARD, FARM CREDIT ADMINISTRATION
FOR A TERM EXPIRING MAY 21, 2014.
*Nominee has committed to respond to requests to appear and testify
before any duly constituted committee of the Senate.
[[Page 21779]]
HOUSE OF REPRESENTATIVES--Thursday, September 25, 2008
The House met at 10 a.m. and was called to order by the Speaker pro
tempore (Mrs. Tauscher).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
September 25, 2008.
I hereby appoint the Honorable Ellen O. Tauscher to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Lord, Your Divine Providence has inspired people to seek elected
office and serve the public. Still others come as volunteers or become
staffers who find work in government. Most come because they wish to
make a difference. The desire You place in their hearts moves them
beyond self to help shape a better America and recreate the face of the
Earth along the ideals and hopes of Your kingdom.
Not content to simply ``go through the motions'' or ``settle for the
status quo,'' they are restless to seek for something better, something
greater for the American people as a whole.
Such patriots make themselves greater by pursuing something greater
than self, by listening to others. They step into the forces of
contradictory causes, try to reconcile differences, find the common
ground, and make unity amidst diversity a living reality day by day.
We praise You, Lord, for those who offer their minds and their
hearts, as well as the work of their hands, to make government of the
people work for the people. Their dedication and efforts move us as
Americans to bless and thank You, now and forever.
Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House her approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from Texas (Mr. Sam
Johnson) come forward and lead the House in the Pledge of Allegiance.
Mr. SAM JOHNSON of Texas led the Pledge of Allegiance as follows:
I pledge allegiance to the Flag of the United States of
America, and to the Republic for which it stands, one nation
under God, indivisible, with liberty and justice for all.
____________________
MESSAGE FROM THE SENATE
A message from the Senate by Ms. Curtis, one of its clerks, announced
that the Senate has passed without amendment a bill of the House of the
following title:
H.R. 6370. An act to transfer excess Federal property
administered by the Coast Guard to the Confederated Tribes of
the Coos, Lower Umpqua, and Siuslaw Indians.
The message also announced that the Senate has passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 928. An act to amend the Inspector General Act of 1978
to enhance the independence of the Inspectors General, to
create a Council of the Inspectors General on Integrity and
Efficiency, and for other purposes.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 2840. An act to establish a liaison with the Federal
Bureau of Investigation in United States Citizenship and
Immigration Services to expedite naturalization applications
filed by members of the Armed Forces and to establish a
deadline for processing such applications.
S. 3550. An act to designate a portion of the Rappahannock
River in the Commonwealth of Virginia as the ``John W. Warner
Rapids''.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will entertain up to 10 requests
for 1-minute speeches on each side of the aisle.
____________________
HUMAN RIGHTS SITUATION DETERIORATING IN VIETNAM
(Ms. LORETTA SANCHEZ of California asked and was given permission to
address the House for 1 minute and to revise and extend her remarks.)
Ms. LORETTA SANCHEZ of California. Madam Speaker, I rise today to
bring urgent attention to the deteriorating human rights conditions in
the country of Vietnam.
Most recently, Vietnamese students and bloggers have been harassed
and detained for peacefully voicing their concerns about the Vietnamese
government's policies. It is becoming increasingly evident that the
Government of Vietnam is not living up to its commitment to honor and
to protect human rights.
This month, over 3,000 Vietnamese Catholics were harassed by Hanoi's
police with tear gas, electric batons and other repressive measures
while attending a peaceful Thai Ha prayer vigil. We are continuing to
see more and more activists being detained and imprisoned for
exercising their freedom of speech, religion and expression, rights
that are guaranteed under the International Covenants on Civil and
Political Rights.
This week, I, along with six other Members, sent a letter to
President Nguyen Minh Triet to express outrage over Vietnam's ongoing
human rights violations, and to urge the Government of Vietnam to stop
using violence against its own people.
I encourage my colleagues to continue addressing this serious issue
and speaking out for those in Vietnam who are putting their lives in
danger in the name of freedom.
____________________
TAXPAYERS DESERVE ANSWERS AND ACCOUNTABILITY ON WALL STREET BAILOUT
(Mr. SAM JOHNSON of Texas asked and was given permission to address
the House for 1 minute and to revise and extend his remarks.)
Mr. SAM JOHNSON of Texas. Madam Speaker, the news on this Wall Street
bailout has me fuming. Taxpayers want, need, and deserve answers and
accountability. The Treasury Secretary should not have the authority to
spend $700 billion with zero oversight.
Meanwhile, a provision in the bill says that banks that bought Fannie
Mae and Freddie Mac preferred stock get better tax treatment than an
individual who bought preferred stock. That is wrong. Why shouldn't
banks be held responsible for their mistakes?
I am not sure this is the best way to fix the problem. We need to
discuss serious alternatives before we ask Americans to shoulder
billions in additional debt.
Hundreds of my constituents have called outraged at this Wall Street
rescue. They want to know when we are going to bail them out.
I am outraged too. Taxpayers deserve better from America.
[[Page 21780]]
____________________
REJECT FUNDING FOR ABSTINENCE-ONLY EDUCATION PROGRAMS
(Mrs. CAPPS asked and was given permission to address the House for 1
minute and to revise and extend her remarks.)
Mrs. CAPPS. Madam Speaker, 750,000 American teenagers will become
pregnant this year. This is clear evidence of a serious problem in our
country. According to the National Campaign to Prevent Teen and
Unplanned Pregnancy, teen parents are less likely to complete their
education and more likely to depend on welfare.
Unfortunately, for the last several years the Bush administration has
insisted we waste money on abstinence-only education programs that the
GAO has deemed ineffective. In fact, a University of Washington study
revealed that students who receive comprehensive sex education are less
likely to become teen parents than those who receive abstinence-only
information.
Not surprisingly, my home State of California, which rejects title V
abstinence-only funding, has a teen birth rate that is lower than the
national average.
Madam Speaker, we need to teach our children commonsense
decisionmaking skills and not withhold vitally important health
information from them. I urge my colleagues to join me in rejecting any
future funding for abstinence-only education. Instead, let's spend it
where we will see real results.
____________________
A SHOOT-FROM-THE-HIP DECISION?
(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Madam Speaker, they tell us that we are facing financial
Armageddon. They tell us we must buy our way out of this. They tell us
we must act now or the country will fall into the abyss.
The plan? A $700 billion bailout will be given to the very people who
are responsible for this financial mess: Wall Street money grabbers.
And to top it off, the idea for this bailout is from the same financial
schemers who themselves are responsible for this chaos.
We in Congress have to resolve three issues first: What is the
problem? What caused the problem? And what is the solution?
We are still debating what the problem is and what caused it. Until
we figure that out, we should not come up with a shoot-from-the-hip,
quick-draw decision on what to do.
We have spent more time in congressional hearings on steroids in
baseball than we have in discussing this $700 billion ripoff of the
American people.
Before we strong-arm American citizens into paying for the sins of
New York City financial markets, we need to do more investigation. Then
we can come up with the right thing to do and make sound judgments--
sound judgments that the so-called experts from Wall Street don't make.
And that's just the way it is.
____________________
SERGEANT RAFAEL PERALTA, AN IMMIGRANT AND A TRUE AMERICAN HERO
(Mr. BACA asked and was given permission to address the House for 1
minute.)
Mr. BACA. Madam Speaker, I stand here to honor a true American hero,
Sergeant Rafael Peralta, an immigrant that made the ultimate sacrifice
for this country, using his body as a shield to protect his fellow
marines from a grenade blast.
Peralta's story is an example of the heroes that love this Nation.
For his disregard of personal safety and heroism, his commander
recommended him to be awarded the Medal of Honor. This was not the
case. Sergeant Peralta was awarded the Navy Cross, which is also an
extraordinary feat.
However, his sacrifice merits that of the Medal of Honor. That is why
I have joined my colleagues in asking the President to review this
case.
Sergeant Peralta is a true example of how much many immigrants in
America love this country. No one can deny Peralta's love for this
country, having joined the United States Marine Corps right after
becoming a legal permanent resident.
Recognizing the sacrifice of Peralta, America cannot turn her back on
immigrants.
I urge my colleagues to support comprehensive immigration reform.
____________________
WE NEED A CAUTIOUS AND COMPETENT APPROACH
(Mr. WILSON of South Carolina asked and was given permission to
address the House for 1 minute and to revise and extend his remarks.)
Mr. WILSON of South Carolina. Madam Speaker, hardworking Americans
understand that our Nation's financial markets are very fragile. The
American people are rightfully concerned when they see a $700 billion
price tag on a plan to address this crisis. They are hesitant to give
the Federal Government an extraordinarily large amount of taxpayer
dollars, especially before the right questions and the right concerns
have been given their due process.
This Nation has a long history of balancing the needs of a market
economy and the realities of government involvement in those markets.
We have weathered our fair share of storms as well. Before Congress
endorses a multi-billion dollar effort to address our financial
situation, it would serve this Nation and the wallets of those we
represent not to forget that history.
We need a full review of different alternatives to a simple bailout.
Otherwise, we risk placing a daunting financial burden on our
children's futures.
In conclusion, God bless our troops, and we will never forget
September the 11th.
____________________
TAXPAYERS BEING ASKED TO PAY FOR A GRAND OLD PARTY ON WALL STREET
(Mr. DOGGETT asked and was given permission to address the House for
1 minute.)
Mr. DOGGETT. Madam Speaker, in somber terms last night, President
Bush described a crisis as if it had emerged on Wall Street from outer
space. Never accepting any personal responsibility, this is the man who
chased the sheriff off Wall Street while it had a party, a grand old
party.
That infamous Republican earmark, that Bridge to Nowhere up in
Alaska, it carried a hefty price tag, $223 million. Well, what
President Bush is now asking Americans to do is to pay for the
equivalent of 4,500 Alaskan bridges, a $1 trillion gold-plated,
diamond-encrusted bridge to Wall Street.
And our job here in Congress is to ask, is this just another Bridge
to Nowhere, and ask why is it that the party-goers don't have to pay
for the party? Why should American taxpayers and future generations of
Americans have their future mortgaged to pay for a party they never
participated in?
____________________
MEDIA SHOULD PROVIDE BALANCED ELECTION COVERAGE
(Mr. SMITH of Texas asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. SMITH of Texas. Madam Speaker, it is not easy to find a news
magazine without either Senator Obama on the cover or gratuitous
attacks on Senator McCain and Governor Palin in its articles. For
example, Newsweek magazine this week published an article suggesting
that Governor Palin's faith in God makes her less qualified to be Vice
President. That is an amazing lack of grace.
This marks the latest shot fired in the media's all-out assault on
Governor Palin's campaign to become America's first woman Vice
President. No wonder Americans, by a 10-to-1 margin, believe the media
are trying to hurt Governor Palin, according to a Rasmussen poll.
Newsweek is the same magazine that has featured Senator Obama on its
cover six times this year, compared to only three times for Senator
McCain.
Americans need balanced coverage during this election, and should
demand that the media provide it.
[[Page 21781]]
____________________
SECRETARY PAULSON'S SOLUTION TO THE URGENT FINANCIAL CRISIS IS WRONG
(Mr. HOLT asked and was given permission to address the House for 1
minute.)
Mr. HOLT. Madam Speaker, Secretary Paulson's solution to the urgent
financial crisis is wrong. The problem is that the financial
institutions have been trading securities whose value they don't know
and can't know because bad mortgages are mixed in with good mortgages
in indeterminate amounts.
For any problem, you should go to the root in order to solve it. The
root here is that the bad mortgages mixed with the good mortgages have
poisoned the financial papers. In buying those papers, the taxpayers
won't know whether they are getting any value for their dollar, and
neither Paulson nor the market will be able to determine the value. So
go to the root. Repair the bad mortgages. It will help Wall Street and
Main Street. It will restore confidence, liquidity and solvency.
There is an antecedent. The Homeowners Loan Corporation in the 1930s
dealt with a crisis of bad mortgages, put up $70 billion in today's
dollars and rescued 1 million homeowners. It worked.
____________________
{time} 1015
LOWERING GAS PRICES, CREATING JOBS
(Mr. BOUSTANY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. BOUSTANY. Madam Speaker, as I travel across my district, helping
with hurricane recovery, I am proud of the can-do spirit of the people
of southwest Louisiana. Hurricanes Gustav and Ike caused amazing damage
throughout my area, but neighbors are helping neighbors.
These two storms also highlight the importance of American energy
production in the Gulf of Mexico. High gas prices are affecting our
food prices, the economy in general, and people's pocketbooks directly.
Throughout August, I joined my fellow House Republicans in urging
Speaker Pelosi to bring Congress back in session to help American
families struggling with the dramatically high gas prices, but she
refused.
Now we can act. We can increase and diversify our energy supply,
become less dependent on foreign sources of oil and create good high-
paying American jobs. Many of these energy jobs are going overseas, but
we can keep them right here in America.
By harnessing all of America's vast resources, we can help Americans
in the short term and into the future. Let's do the responsible thing.
Let's open parts of our deepwater coasts for energy exploration and
pass a comprehensive energy bill. Let's begin to reduce the price at
the pump.
____________________
WHILE REPUBLICANS WANT MORE OF THE SAME, DEMOCRATS ARE WORKING TOWARD
CHANGE
(Ms. EDDIE BERNICE JOHNSON of Texas asked and was given permission to
address the House for 1 minute.)
Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, there is a reason
that the American people are demanding real change this year. Nearly 8
years ago, this administration inherited a Nation that was well
respected abroad, fiscally sound and economically stable.
Today, thanks to misguided policies and arrogance, President Bush has
left our Nation's security in a more precarious and dangerous position.
On the budget front, President Bush and congressional Republicans have
turned a projected 10-year budget surplus of $5.6 trillion into a
projected 10-year deficit of $3.4 trillion.
On the economic side, home foreclosures are at record highs, wages
are stagnant. More than 600,000 jobs have been lost this year alone,
and Wall Street is in crisis thanks to this administration looking the
other way for 8 years.
The administration is now looking for a $700 billion recovery package
with absolutely no strings attached. While they are trying to recast
themselves as the agents of change, we know better. They have built a
record of failure over the last 8 years, and America cannot afford more
of the same.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Members are reminded to not engage in
personalities toward the President or the Vice President.
____________________
HELPING HOME MEAL DELIVERY VOLUNTEERS
(Mr. LATTA asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. LATTA. Madam Speaker, I had the pleasure of meeting with home
delivery volunteers in the Fifth Congressional District on Monday to
discuss H.R. 6675, a bill I introduced in July.
H.R. 6675 would increase the standard deduction for home meal
delivery volunteers from the current rate of 14 cents per mile to 58.5
cents per mile. Home meal delivery programs across the country are
losing volunteers as the cost of gasoline continues to rise.
This legislation will help retain and recruit additional volunteers
to carry out this important work. For those who receive home delivered
meals, these volunteers serve an important role in delivering meals
that provide needed nourishment, in addition to boosting the morale and
spirit of those individuals.
As we continue to debate the comprehensive energy reform policy in
Congress, we must be aware of the important contributions volunteers
have on our great country. Volunteer firefighters, civic group leaders,
and others who give so much of their time and resources are what make
our community and our country a great place to live, work, and raise a
family.
____________________
McCAIN DEREGULATION AGENDA WOULD BE DISASTROUS FOR MIDDLE CLASS
AMERICANS
(Mr. PAYNE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PAYNE. Madam Speaker, as Americans everywhere are feeling the
effect of President Bush's failed economic policies, Senator John
McCain has once again demonstrated that if he wins in November, he will
not only continue those same failed policies, but he will expand them
to the health care industry.
Just last month, Senator McCain, in an opinion that he wrote, said
that the health insurance market should be run more like the banking
industry has been during the last decade. Can you imagine that?
As you can imagine, this would be a disaster for American families.
By creating a deregulated national marketplace, health insurance
companies could sell plans that lack even the most basic consumer
protections, creating high out-of-pocket expenses and allowing
insurance companies to break promises to pay medical bills.
The latest financial meltdown on Wall Street highlights the need for
a government to regulate big business. We need a referee on the field.
Not only does Senator McCain disagree with that belief, but he wants to
take the referee out of health care, leaving all Americans to fend for
themselves.
That's not a change the American people can believe in.
____________________
THE BAILOUT
(Mrs. BACHMANN asked and was given permission to address the House
for 1 minute and to revise and extend her remarks.)
Mrs. BACHMANN. Madam Speaker, over the weekend Secretary Paulson
asked taxpayers to pony up an astonishing $700 billion to buy financial
services sector debt on top of the existing bailouts that are already
implemented this year. All told, that amounts to an astonishing $1.5
trillion.
[[Page 21782]]
Spending at this proportion doesn't just impact a fiscal year, it
will impact generations of prosperity. We are told that the
consequences of inaction, even of deliberative action, will be severe,
but I am concerned that the consequences of hasty action could be just
as dire. I have had hundreds of constituents call my office, as have my
colleagues, over the last 2 days, asking this question. They are all
expressing skepticism for this plan.
They remain unconvinced, as I remain unconvinced, that they will get
much result for their investment. We should not be in the habit of
writing blank checks. We should not rush to take action in a week when
the consequences could last several lifetimes, because the forgotten
man in all of this is the everyday American taxpayer.
It's with them in mind that we should fully focus on our
responsibilities and not rush to judgment because of an artificial
deadline.
____________________
HUNDREDS OF BILLIONS OF DOLLARS OF DEFICIT SPENDING
(Mr. INSLEE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. INSLEE. Madam Speaker, listening to the President last night, I
had a very disturbing sense of deja vu, or actually, maybe,
appropriately, deja voodoo.
I remember the situation where the President said we had this threat
to the country, we had to respond in Iraq. He then went on to foist
hundreds of billions of dollars of deficit spending in the Iraq war,
without paying one single dime in a fiscally responsible way to do it.
Last night he did exactly the same thing. He attempted to foist
somewhere between 200, 500, 700 billion dollars of deficit spending on
the American people. When you do deficit spending, you ultimately put
the cost on middle-income taxpayers in America.
This President, if he believes this crisis is so bad, needs to come
to the American people and put the cost on the folks who got us into
this predicament, the industry that created this crisis, not on middle-
income taxpayers.
This is fiscal irresponsibility. It will not stand.
____________________
WE ARE NOT LEARNING FROM HISTORY
(Mr. GOHMERT asked and was given permission to address the House for
1 minute.)
Mr. GOHMERT. Madam Speaker, we are told that those who have refused
to learn from history are destined to repeat it, and it is true. We are
not learning from history.
I love the President, and I disagree about Iraq. But last night, the
statements that came to a conclusion had an extremely faulty premise,
and that premise was that the Federal Government is the only one that
can properly manage these assets long enough, that has the patience.
That's ridiculous. We serve in this Congress. We can't even keep the
same incentives in place for a year or two.
China, we just heard, is now telling its banks, don't loan to us.
They are totalitarian, and we should be concerned about it, but they
are moving toward capitalism. Let the private sector make its money and
pay us tax. We are moving that way.
This will be the biggest socialist move in American history, and it
breaks my heart that so many are thinking maybe this is all we can do.
The Soviet Union lasted 70 years when they did this type of thing.
We won't make it that long. I beg colleagues on both sides, let's
look at this and not move socialist.
____________________
DISASTROUS ECONOMIC POLICIES
(Ms. SPEIER asked and was given permission to address the House for 1
minute.)
Ms. SPEIER. Madam Speaker, our President had an opportunity last
night, and he blew it. He could have reasserted his leadership by
accepting responsibility for his disastrous policies, but he took a
pass. Instead, he chose to blame the American people.
Well, Mr. President, the American people did not spend the last 7\1/
2\ years deregulating Wall Street. You did. The American people didn't
spend $12 billion a month on an unnecessary war. You did. The American
people didn't come up with the idea to give tax breaks to oil
companies. You did.
Whatever happens at the White House today, I can only hope that the
man and the party responsible for this crisis finally decide to do the
right thing. The American people are forgiving. It's time to man up and
admit that your disastrous economic policies got us into this mess.
Then, as we always do, we can all work together to repair the damage.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Members are reminded to direct their remarks
to the Chair.
____________________
PRESERVE THE AMERICAN ECONOMY
(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Madam Speaker, this first year of Congress for me is about
to end, and the 110th Congress is about to end. It is important that we
come together on this floor and in this Congress in a bipartisan manner
to preserve the American economy.
Whose fault it is--I think the American people know whose fault it
is. There were 6 years of a Republican President, a Republican Senate,
a Republican House, and a lack of regulations and a lack of regard to
the economic conditions that brought about this situation, but now is
the time to fix the mess.
Whether you are a first-year Member, a senior Member, a Democrat or
Republican, when you make a mess, you clean it up. It's our
responsibility to do it in the proper way with oversight, with the
American taxpayer at the base of our concerns to make sure we do it
right.
We are in for historic times. The Democratic Party and the Republican
Party need to come together, and we need to have a solution to keep
America strong.
God bless the United States of America.
____________________
PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND THE RULES
Mr. CARDOZA. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 1491 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1491
Resolved, That it shall be in order at any time on the
legislative day of September 25, 2008, for the Speaker to
entertain motions that the House suspend the rules relating
to the following measures:
(1) The bill (H.R. 928) to amend the Inspector General Act
of 1978 to enhance the independence of the Inspectors
General, to create a Council of the Inspectors General on
Integrity and Efficiency, and for other purposes.
(2) The bill (S. 2324) to amend the Inspector General Act
of 1978 (5 U.S.C. App.) to enhance the Offices of the
Inspectors General, to create a Council of the Inspectors
General on Integrity and Efficiency, and for other purposes.
(3) The bill (S. 1046) to modify pay provisions relating to
certain senior-level positions in the Federal Government, and
for other purposes.
(4) The bill (H.R. 6045) to amend title I of the Omnibus
Crime Control and Safe Streets Act of 1968 to extend the
authorization of the Bulletproof Vest Partnership Grant
Program through fiscal year 2012.
(5) The concurrent resolution (H. Con. Res. 214) expressing
the sense of Congress that the President should grant a
posthumous pardon to John Arthur ``Jack'' Johnson for the
1913 racially motivated conviction of Johnson, which
diminished his athletic, cultural, and historic significance,
and tarnished his reputation.
(6) The bill (H.R. 4120) to amend title 18, United States
Code, to provide for more effective prosecution of cases
involving child pornography, and for other purposes.
(7) A bill relating to webcasting.
(8) The bill (H.R. 1777) to amend the Improving America's
Schools Act of 1994 to
[[Page 21783]]
make permanent the favorable treatment of need-based
educational aid under the antitrust laws.
(9) A bill relating to India nuclear cooperation.
(10) The bill (H.R. 176) to authorize the establishment of
educational exchange and development programs for member
countries of the Caribbean Community (CARICOM).
(11) The bill (H.R. 2553) to amend the State Department
Basic Authorities Act of 1956 to provide for the
establishment and maintenance of existing libraries and
resource centers at United States diplomatic and consular
missions to provide information about American culture,
society, and history, and for other purposes.
(12) The bill (H.R. 3202) to amend the Foreign Service Act
of 1980 to extend comparability pay adjustments to members of
the Foreign Service assigned to posts abroad, and to amend
the provision relating to the death gratuity payable to
surviving dependents of Foreign Service employees who die as
a result of injuries sustained in the performance of duty
abroad.
(13) The bill (S. 3426) to amend the Foreign Service Act of
1980 to extend comparability pay adjustments to members of
the Foreign Service assigned to posts abroad, and to amend
the provision relating to the death gratuity payable to
surviving dependents of Foreign Service employees who die as
a result of injuries sustained in the performance of duty
abroad.
(14) The bill (S. 3052) to provide for the transfer of
naval vessels to certain foreign recipients.
(15) The bill (H.R. 2798) to reauthorize the programs of
the Overseas Private Investment Corporation, and for other
purposes.
(16) The bill (H.R. 3887) to authorize appropriations for
fiscal years 2008 through 2011 for the Trafficking Victims
Protection Act of 2000, to enhance measures to combat
trafficking in persons, and for other purposes.
(17) The bill (H.R. 1157) to amend the Public Health
Service Act to authorize the Director of the National
Institute of Environmental Health Sciences to make grants for
the development and operation of research centers regarding
environmental factors that may be related to the etiology of
breast cancer.
(18) The bill (H.R. 6568) to direct the Secretary of Health
and Human Services to encourage research and carry out an
educational campaign with respect to pulmonary hypertension,
and for other purposes.
(19) The bill (H.R. 3232) to establish a non-profit
corporation to communicate United States entry policies and
otherwise promote tourist, business, and scholarly travel to
the United States.
(20) The bill (H.R. 3402) to require accurate and
reasonable disclosure of the terms and conditions of prepaid
telephone calling cards and services.
(21) The bill (H.R. 1283) to amend the Public Health
Service Act to provide for arthritis research and public
health, and for other purposes.
(22) The bill (S. 1382) to amend the Public Health Service
Act to provide for the establishment of an Amyotrophic
Lateral Sclerosis Registry.
(23) The bill (S. 1810) to amend the Public Health Service
Act to increase the provision of scientifically sound
information and support services to patients receiving a
positive test diagnosis for Down syndrome or other prenatally
and postnatally diagnosed conditions.
(24) The bill (S. 2932) to amend the Public Health Service
Act to reauthorize the poison center national toll-free
number, national media campaign, and grant program to provide
assistance for poison prevention, sustain the funding of
poison centers, and enhance the public health of people of
the United States.
(25) The bill (H.R. 1343) to amend the Public Health
Service Act to provide additional authorizations of
appropriations for the health centers program under section
330 of such Act, and for other purposes.
(26) The bill (S. 901) to amend the Public Health Service
Act to reauthorize the Community Health Centers program, the
National Health Service Corps, and rural health care
programs.
(27) The bill (H.R. 477) to amend the Public Health Service
Act to strengthen education, prevention, and treatment
programs relating to stroke, and for other purposes.
(28) The bill (S. 999) to amend the Public Health Service
Act to improve stroke prevention, diagnosis, treatment, and
rehabilitation.
(29) The bill (H.R. 507) to establish a grant program to
provide vision care to children, and for other purposes.
(30) The bill (S. 1117) to establish a grant program to
provide vision care to children, and for other purposes.
(31) The bill (H.R. 545) to amend the Omnibus Crime Control
and Safe Streets Act of 1968 to clarify that territories and
Indian tribes are eligible to receive grants for confronting
the use of methamphetamine.
(32) The bill (S. 85) to amend the Omnibus Crime Control
and Safe Streets Act of 1968 to clarify that territories and
Indian tribes are eligible to receive grants for confronting
the use of methamphetamine.
(33) The bill (S. 267) to amend the Omnibus Crime Control
and Safe Streets Act of 1968 to clarify that territories and
Indian tribes are eligible to receive grants for confronting
the use of methamphetamine.
(34) The bill (H.R. 970) to amend the Federal Food, Drug,
and Cosmetic Act with respect to the distribution of the drug
dextromethorphan, and for other purposes.
(35) The bill (S. 1378) to amend the Federal Food, Drug,
and Cosmetic Act with respect to the distribution of the drug
dextromethorphan, and for other purposes.
(36) The bill (S. 3549) to amend title XIX of the Social
Security Act to provide additional funds for the qualifying
individual (QI) program, and for other purposes.
(37) The bill (S. 906) to prohibit the sale, distribution,
transfer, and export of elemental mercury, and for other
purposes.
(38) The bill (H.R. 1534) to prohibit certain sales,
distributions, and transfers of elemental mercury, to
prohibit the export of elemental mercury, and for other
purposes.
(39) The resolution (H. Res. 1333) supporting the goals and
ideals of Tay-Sachs Awareness Month.
(40) The bill (H.R. 6460) to amend the Federal Water
Pollution Control Act to provide for the remediation of
sediment contamination in areas of concern, and for other
purposes.
(41) The bill (S. 2080) to amend the Federal Water
Pollution Control Act to ensure that sewage treatment plants
monitor for and report discharges of raw sewage, and for
other purposes.
(42) The bill (H.R. 2452) to amend the Federal Water
Pollution Control Act to ensure that publicly owned treatment
works monitor for and report sewer overflows, and for other
purposes.
(43) The bill (S. 2844) to amend the Federal Water
Pollution Control Act to modify provisions relating to beach
monitoring, and for other purposes.
(44) The bill (H.R. 2537) to amend the Federal Water
Pollution Control Act relating to beach monitoring, and for
other purposes.
{time} 1030
The SPEAKER pro tempore. The gentleman from California is recognized
for 1 hour.
Mr. CARDOZA. Madam Speaker, for the purpose of debate only, I yield
the customary 30 minutes to the gentleman from Florida (Mr. Lincoln
Diaz-Balart). All time yielded during consideration of the rule is for
debate only.
General Leave
Mr. CARDOZA. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
on House Resolution 1491.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. CARDOZA. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, H. Res. 1491 authorizes the Speaker to entertain
motions that the House suspend the rules at any time on the legislative
day of Thursday, September 25, 2008, on 44 separate measures. This rule
is necessary because under clause 1(a) of rule XV, the Speaker may
entertain motions to suspend the rules only on Monday, Tuesday or
Wednesday of each week. In order for suspensions to be considered on
other days, the Rules Committee must authorize consideration of these
motions.
This is not unusual. In fact, in the 109th Congress, my friends on
the other side of the aisle reported at least six rules that provided
for additional suspension days. This bill limits the suspension of
rules only to those measures listed in the rule itself so Members on
both sides of the aisle are aware of exactly what bills may be
considered under this suspension of the rules.
This is standard procedure at the end of the legislative session and
includes both House bills that we will send to the Senate for
consideration and Senate-passed bills that are ready to become law once
they pass the House.
I would remind my colleagues on both sides of the aisle that bills
considered under suspension of the rules must receive strong bipartisan
support in order to pass the House.
I urge my colleagues to join me in supporting this rule which will
simply help us move important, noncontroversial legislation before we
adjourn that is important to our constituents and that will receive
overwhelmingly bipartisan support and that will hopefully become law.
I reserve the balance of my time.
[[Page 21784]]
Mr. LINCOLN DIAZ-BALART of Florida. Madam Speaker, I would like to
thank my good friend, Mr. Cardoza, the gentleman from California, for
the time; and I yield myself such time as I may consume.
Madam Speaker, on the opening day of this Congress, the distinguished
chairwoman of the Rules Committee, Ms. Slaughter, came to the floor and
said that the new majority would, `` . . . begin to return this Chamber
to its rightful place as the home of democracy and deliberation in our
great Nation.'' That pledge echoed a document by Speaker Pelosi titled
A New Direction For America. That document said, ``bills should
generally come to the floor under a procedure that allows open, full,
and fair debate.''
Now as we approach the closing hours of the 110th Congress, I think
it is appropriate for us to take a look at whether the majority has
actually lived up to those promises.
Let us begin with closed rules. There really can be few, if any,
parliamentary procedures that are more offensive to the essential
spirit of democracy, the spirit of democracy, than a closed rule. A
closed rule shuts off, blocks Members from both sides of the aisle from
offering any amendments to legislation that is considered on the floor.
As I said, no matter what their party affiliation, if and when Congress
operates under a closed rule, all Members are shut out from the
legislative process on the floor.
Even though the majority promised a more open Congress, as I referred
to in the beginning of my remarks, they silenced the vote of every
Member and thus all of every Member's constituents a record 63 times
this Congress. Sixty-three times. No other Congress in the history of
the Republic has ever brought forth so many closed rules. No other
Congress in the history of the Republic has brought so many pieces of
legislation to the floor under that legislative framework that
prohibits every Member of this House from offering amendments to the
legislation.
The consistent use of closed rules by the majority constitutes an
affront to the democratic spirit as well as to their own promises. But
that is not the only way that they have failed to live up to their
promises. They have also systematically bypassed what is known as the
conference process, effectively shutting out the minority from having a
say on legislation that makes its way to the President's desk.
Madam Speaker, as you know, the conference process is the process by
which the House and Senate work out differences, resolve their
differences and achieve a final legislative product that is exact to be
passed by the House and the Senate and sent to the President.
Now the majority has also used a technique known as ``ping-pong'' to
avoid that conference process. They have used that technique in order
to subvert the rights of the minority to offer motions to recommit and
amendments. For comparison, in the 108th Congress and 109th Congress--
those Congresses combined--that technique known as ping-ponging was
used three times during the 108th Congress and 109th Congress.
But that is not all. The majority has also considered 45 bills
outside the regular order. They also blocked minority substitute
amendments, allowing only 10 minority substitute amendments even though
they promised a procedure that, and again I remind the majority of its
own words, they promised that they would ``grant the minority the right
to offer its alternatives, including a substitute.''
So here we are today with a rule that a distinguished senior member
of the majority on the Rules Committee said, and I quote, is `` . . .
outside the normal parameters of the way that the House should conduct
its business . . . it effectively curtails our rights and
responsibilities as serious legislators.''
{time} 1045
Prior to becoming Speaker, Ms. Pelosi pledged, and I quote, ``to
conduct our work with civility and bipartisanship and to act in
partnership, not partisanship, with the President and the Republicans
in Congress.''
Obviously, the record has been another story.
Now with regard to what the majority is doing today, the majority is
bringing forth 44 bills for consideration under what is known as
suspension of the rules. It's a process by which usually
noncontroversial bills, as my friend described them, bills that
generally have bipartisan support because they require two-thirds of
the House in order to pass, under the rule being brought forth today,
we will be authorizing under this rule 44 bills for consideration under
suspension of the rules. At least they're telling us what the 44 bills
are. That's why it took some time for the Clerk to read them, because
there are 44 bills to read the titles. So at least I think the majority
should be commended for telling us what the 44 bills are.
Now, unfortunately, we're informed that the Rules Committee is
meeting at this time, as we speak, to pass a rule to authorize more
suspensions, but not telling us what they are; in other words, a
blanket authority. So, obviously everything has to be put in
perspective.
Compared to what the Rules Committee is doing now for the rest of the
session, this is a commendable rule because at least it is informing us
and the American people what we will be considering. At least the
titles have been brought forth. So that is something that, when we
consider how the majority has acted procedurally in this Congress, we
have to be grateful that we're being informed at least what bills are
being authorized for consideration under the rule today.
Madam Speaker, as we look back at this 110th Congress that is nearing
its end, I think it would be fair to say that when one considers the
promises for openness and fairness and transparency made by the
majority at the beginning of this Congress and in their campaign before
this Congress began, when one compares that with their record of having
broken all precedent in terms of the number, the number, having broken
the record in terms of the number of pieces of legislation brought to
this floor authorizing no amendments, in other words, closed rules,
there is an extraordinary difference between the promise and the
reality by our friends on the other side of the aisle.
I reserve the balance of my time.
Mr. CARDOZA. Madam Speaker, I would like to inquire of the gentleman
from Florida if he has any additional speakers. I am the last speaker
on my side.
Mr. LINCOLN DIAZ-BALART of Florida. No, I would inform my friend that
we have no other speakers. So at this time I yield back the balance of
my time.
Mr. CARDOZA. Madam Speaker, my friend from Florida has raised several
issues with regard to the procedures of the House for the last 2 years.
The gentleman is correct that there have been a number of closed rules
this year. But I would like to just say, in response to that, that we
have had to try and manage this House with a very obstinate Republican
minority in the Senate.
There has been a record number of filibusters that have been put
forward this year to try and stop everything that we have tried to
accomplish in this body. In fact, there has been an absolute
stonewalling on the number of conference committees, breaking down the
bipartisan process, breaking down the comity that engages both Houses,
so that we can get something done for the American people. By refusing
to go to conference, this has gummed up the arteries of this body, and
it, frankly, is the Republican minority in the other body that has
really made this a very difficult House and institution to manage.
Madam Speaker, I would also say that the gentleman mentioned that
this is--well, first of all, he acknowledged that we are telling
everyone today the 44 bills that we are, in fact, bringing forward in
this rule. Six times the gentleman's party, in the last Congress, did
not tell us what they were bringing forward in a rule. And I can cite
the dates. We have the information.
The reality is that this is not an uncommon practice at the end of
the session. We would like to, as we are doing
[[Page 21785]]
in this rule, do it every time, but sometimes it's possible at the end
of the session we're simply running out of time.
So, Madam Speaker, as I said, this is a standard procedure at the end
of the legislative session that will simply help us move important,
noncontroversial legislation before we adjourn that will receive
overwhelming bipartisan support.
I urge a ``yes'' vote on the rule and on the previous question, Madam
Speaker.
I yield back the balance of my time, and I move the previous question
on the resolution.
The previous question was ordered.
The resolution was agreed to.
A motion to reconsider was laid upon the table.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on motions to suspend the rules
on which a recorded vote or the yeas and nays are ordered, or on which
the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken later today.
____________________
INSPECTOR GENERAL REFORM ACT OF 2008
Mr. TOWNS. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 928) to amend the Inspector
General Act of 1978 to enhance the independence of the Inspectors
General, to create a Council of the Inspectors General on Integrity and
Efficiency, and for other purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Inspector General Reform Act
of 2008''.
SEC. 2. APPOINTMENT AND QUALIFICATIONS OF INSPECTORS GENERAL.
Section 8G(c) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end ``Each Inspector
General shall be appointed without regard to political
affiliation and solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.''.
SEC. 3. REMOVAL OF INSPECTORS GENERAL.
(a) Establishments.--Section 3(b) of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking the second
sentence and inserting ``If an Inspector General is removed
from office or is transferred to another position or location
within an establishment, the President shall communicate in
writing the reasons for any such removal or transfer to both
Houses of Congress, not later than 30 days before the removal
or transfer. Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law, other than
transfer or removal.''.
(b) Designated Federal Entities.--Section 8G(e) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by
striking ``shall promptly communicate in writing the reasons
for any such removal or transfer to both Houses of the
Congress.'' and inserting ``shall communicate in writing the
reasons for any such removal or transfer to both Houses of
Congress, not later than 30 days before the removal or
transfer. Nothing in this subsection shall prohibit a
personnel action otherwise authorized by law, other than
transfer or removal.''.
SEC. 4. PAY OF INSPECTORS GENERAL.
(a) Inspectors General at Level III of Executive
Schedule.--
(1) In general.--Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.), is amended by adding at the end the
following:
``(e) The annual rate of basic pay for an Inspector General
(as defined under section 12(3)) shall be the rate payable
for level III of the Executive Schedule under section 5314 of
title 5, United States Code, plus 3 percent.''.
(2) Technical and conforming amendments.--Section 5315 of
title 5, United States Code, is amended by striking the item
relating to each of the following positions:
(A) Inspector General, Department of Education.
(B) Inspector General, Department of Energy.
(C) Inspector General, Department of Health and Human
Services.
(D) Inspector General, Department of Agriculture.
(E) Inspector General, Department of Housing and Urban
Development.
(F) Inspector General, Department of Labor.
(G) Inspector General, Department of Transportation.
(H) Inspector General, Department of Veterans Affairs.
(I) Inspector General, Department of Homeland Security.
(J) Inspector General, Department of Defense.
(K) Inspector General, Department of State.
(L) Inspector General, Department of Commerce.
(M) Inspector General, Department of the Interior.
(N) Inspector General, Department of Justice.
(O) Inspector General, Department of the Treasury.
(P) Inspector General, Agency for International
Development.
(Q) Inspector General, Environmental Protection Agency.
(R) Inspector General, Export-Import Bank.
(S) Inspector General, Federal Emergency Management Agency.
(T) Inspector General, General Services Administration.
(U) Inspector General, National Aeronautics and Space
Administration.
(V) Inspector General, Nuclear Regulatory Commission.
(W) Inspector General, Office of Personnel Management.
(X) Inspector General, Railroad Retirement Board.
(Y) Inspector General, Small Business Administration.
(Z) Inspector General, Tennessee Valley Authority.
(AA) Inspector General, Federal Deposit Insurance
Corporation.
(BB) Inspector General, Resolution Trust Corporation.
(CC) Inspector General, Central Intelligence Agency.
(DD) Inspector General, Social Security Administration.
(EE) Inspector General, United States Postal Service.
(3) Applicability to other inspectors general.--
(A) In general.--Notwithstanding any other provision of
law, the annual rate of basic pay of the Inspector General of
the Central Intelligence Agency, the Special Inspector
General for Iraq Reconstruction, and the Special Inspector
General for Afghanistan Reconstruction shall be that of an
Inspector General as defined under section 12(3) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act).
(B) Prohibition of cash bonus or awards.--Section 3(f) of
the Inspector General Act of 1978 (5 U.S.C. App.) (as amended
by section 5 of this Act) shall apply to the Inspectors
General described under subparagraph (A).
(4) Additional technical and conforming amendment.--Section
194(b) of the National and Community Service Act of 1990 (42
U.S.C. 12651e(b)) is amended by striking paragraph (3).
(b) Inspectors General of Designated Federal Entities.--
(1) In general.--Notwithstanding any other provision of
law, the Inspector General of each designated Federal entity
(as those terms are defined under section 8G of the Inspector
General Act of 1978 (5 U.S.C. App.)) shall, for pay and all
other purposes, be classified at a grade, level, or rank
designation, as the case may be, at or above those of a
majority of the senior level executives of that designated
Federal entity (such as a General Counsel, Chief Information
Officer, Chief Financial Officer, Chief Human Capital
Officer, or Chief Acquisition Officer). The pay of an
Inspector General of a designated Federal entity (as those
terms are defined under section 8G of the Inspector General
Act of 1978 (5 U.S.C. App.)) shall be not less than the
average total compensation (including bonuses) of the senior
level executives of that designated Federal entity calculated
on an annual basis.
(2) Limitation on adjustment.--
(A) In general.--In the case of an Inspector General of a
designated Federal entity whose pay is adjusted under
paragraph (1), the total increase in pay in any fiscal year
resulting from that adjustment may not exceed 25 percent of
the average total compensation (including bonuses) of the
Inspector General of that entity for the preceding 3 fiscal
years.
(B) Sunset of limitation.--The limitation under
subparagraph (A) shall not apply to any adjustment made in
fiscal year 2013 or each fiscal year thereafter.
(c) Savings Provision for Newly Appointed Inspectors
General.--
(1) In general.--The provisions of section 3392 of title 5,
United States Code, other than the terms ``performance
awards'' and ``awarding of ranks'' in subsection (c)(1) of
such section, shall apply to career appointees of the Senior
Executive Service who are appointed to the position of
Inspector General.
(2) Nonreduction in pay.--Notwithstanding any other
provision of law, career Federal employees serving on an
appointment made pursuant to statutory authority found other
than in section 3392 of title 5, United States Code, shall
not suffer a reduction in pay, not including any bonus or
performance award, as a result of being appointed to the
position of Inspector General.
(d) Savings Provision.--Nothing in this section shall have
the effect of reducing the rate of pay of any individual
serving on the date of enactment of this section as an
Inspector General of--
(1) an establishment as defined under section 12(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
section 7(a) of this Act);
[[Page 21786]]
(2) a designated Federal entity as defined under section
8G(2) of the Inspector General Act of 1978 (5 U.S.C. App.);
(3) a legislative agency for which the position of
Inspector General is established by statute; or
(4) any other entity of the Government for which the
position of Inspector General is established by statute.
SEC. 5. PROHIBITION OF CASH BONUS OR AWARDS.
Section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by section 4 of this Act) is further
amended by adding at the end the following:
``(f) An Inspector General (as defined under section
8G(a)(6) or 12(3)) may not receive any cash award or cash
bonus, including any cash award under chapter 45 of title 5,
United States Code.''.
SEC. 6. SEPARATE COUNSEL TO SUPPORT INSPECTORS GENERAL.
(a) Counsels to Inspectors General of Establishment.--
Section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.) (as amended by sections 4 and 5 of this Act) is further
amended by adding at the end the following:
``(g) Each Inspector General shall, in accordance with
applicable laws and regulations governing the civil service,
obtain legal advice from a counsel either reporting directly
to the Inspector General or another Inspector General.''.
(b) Counsels to Inspectors General of Designated Federal
Entities.--Section 8G(g) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by adding at the end the
following:
``(4) Each Inspector General shall--
``(A) in accordance with applicable laws and regulations
governing appointments within the designated Federal entity,
appoint a Counsel to the Inspector General who shall report
to the Inspector General;
``(B) obtain the services of a counsel appointed by and
directly reporting to another Inspector General on a
reimbursable basis; or
``(C) obtain the services of appropriate staff of the
Council of the Inspectors General on Integrity and Efficiency
on a reimbursable basis.''.
(c) Rule of Construction.--Nothing in the amendments made
by this section shall be construed to alter the duties and
responsibilities of the counsel for any establishment or
designated Federal entity, except for the availability of
counsel as provided under sections 3(g) and 8G(g) of the
Inspector General Act of 1978 (5 U.S.C. App.) (as amended by
this section). The Counsel to the Inspector General shall
perform such functions as the Inspector General may
prescribe.
SEC. 7. ESTABLISHMENT OF COUNCIL OF THE INSPECTORS GENERAL ON
INTEGRITY AND EFFICIENCY.
(a) Establishment.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by redesignating sections 11 and 12
as sections 12 and 13, respectively, and by inserting after
section 10 the following:
``SEC. 11. ESTABLISHMENT OF THE COUNCIL OF THE INSPECTORS
GENERAL ON INTEGRITY AND EFFICIENCY.
``(a) Establishment and Mission.--
``(1) Establishment.--There is established as an
independent entity within the executive branch the Council of
the Inspectors General on Integrity and Efficiency (in this
section referred to as the `Council').
``(2) Mission.--The mission of the Council shall be to--
``(A) address integrity, economy, and effectiveness issues
that transcend individual Government agencies; and
``(B) increase the professionalism and effectiveness of
personnel by developing policies, standards, and approaches
to aid in the establishment of a well-trained and highly
skilled workforce in the offices of the Inspectors General.
``(b) Membership.--
``(1) In general.--The Council shall consist of the
following members:
``(A) All Inspectors General whose offices are established
under--
``(i) section 2; or
``(ii) section 8G.
``(B) The Inspectors General of the Office of the Director
of National Intelligence and the Central Intelligence Agency.
``(C) The Controller of the Office of Federal Financial
Management.
``(D) A senior level official of the Federal Bureau of
Investigation designated by the Director of the Federal
Bureau of Investigation.
``(E) The Director of the Office of Government Ethics.
``(F) The Special Counsel of the Office of Special Counsel.
``(G) The Deputy Director of the Office of Personnel
Management.
``(H) The Deputy Director for Management of the Office of
Management and Budget.
``(I) The Inspectors General of the Library of Congress,
Capitol Police, Government Printing Office, Government
Accountability Office, and the Architect of the Capitol.
``(2) Chairperson and executive chairperson.--
``(A) Executive chairperson.--The Deputy Director for
Management of the Office of Management and Budget shall be
the Executive Chairperson of the Council.
``(B) Chairperson.--The Council shall elect 1 of the
Inspectors General referred to in paragraph (1)(A) or (B) to
act as Chairperson of the Council. The term of office of the
Chairperson shall be 2 years.
``(3) Functions of chairperson and executive chairperson.--
``(A) Executive chairperson.--The Executive Chairperson
shall--
``(i) preside over meetings of the Council;
``(ii) provide to the heads of agencies and entities
represented on the Council summary reports of the activities
of the Council; and
``(iii) provide to the Council such information relating to
the agencies and entities represented on the Council as
assists the Council in performing its functions.
``(B) Chairperson.--The Chairperson shall--
``(i) convene meetings of the Council--
``(I) at least 6 times each year;
``(II) monthly to the extent possible; and
``(III) more frequently at the discretion of the
Chairperson;
``(ii) carry out the functions and duties of the Council
under subsection (c);
``(iii) appoint a Vice Chairperson to assist in carrying
out the functions of the Council and act in the absence of
the Chairperson, from a category of Inspectors General
described in subparagraph (A)(i), (A)(ii), or (B) of
paragraph (1), other than the category from which the
Chairperson was elected;
``(iv) make such payments from funds otherwise available to
the Council as may be necessary to carry out the functions of
the Council;
``(v) select, appoint, and employ personnel as needed to
carry out the functions of the Council subject to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates;
``(vi) to the extent and in such amounts as may be provided
in advance by appropriations Acts, made available from the
revolving fund established under subsection (c)(3)(B), or as
otherwise provided by law, enter into contracts and other
arrangements with public agencies and private persons to
carry out the functions and duties of the Council;
``(vii) establish, in consultation with the members of the
Council, such committees as determined by the Chairperson to
be necessary and appropriate for the efficient conduct of
Council functions; and
``(viii) prepare and transmit a report annually on behalf
of the Council to the President on the activities of the
Council.
``(c) Functions and Duties of Council.--
``(1) In general.--The Council shall--
``(A) continually identify, review, and discuss areas of
weakness and vulnerability in Federal programs and operations
with respect to fraud, waste, and abuse;
``(B) develop plans for coordinated, Governmentwide
activities that address these problems and promote economy
and efficiency in Federal programs and operations, including
interagency and interentity audit, investigation, inspection,
and evaluation programs and projects to deal efficiently and
effectively with those problems concerning fraud and waste
that exceed the capability or jurisdiction of an individual
agency or entity;
``(C) develop policies that will aid in the maintenance of
a corps of well-trained and highly skilled Office of
Inspector General personnel;
``(D) maintain an Internet website and other electronic
systems for the benefit of all Inspectors General, as the
Council determines are necessary or desirable;
``(E) maintain 1 or more academies as the Council considers
desirable for the professional training of auditors,
investigators, inspectors, evaluators, and other personnel of
the various offices of Inspector General;
``(F) submit recommendations of individuals to the
appropriate appointing authority for any appointment to an
office of Inspector General described under subsection
(b)(1)(A) or (B);
``(G) make such reports to Congress as the Chairperson
determines are necessary or appropriate; and
``(H) perform other duties within the authority and
jurisdiction of the Council, as appropriate.
``(2) Adherence and participation by members.--To the
extent permitted under law, and to the extent not
inconsistent with standards established by the Comptroller
General of the United States for audits of Federal
establishments, organizations, programs, activities, and
functions, each member of the Council, as appropriate,
shall--
``(A) adhere to professional standards developed by the
Council; and
``(B) participate in the plans, programs, and projects of
the Council, except that in the case of a member described
under subsection (b)(1)(I) , the member shall participate
only to the extent requested by the member and approved by
the Executive Chairperson and Chairperson.
``(3) Additional administrative authorities.--
``(A) Interagency funding.--Notwithstanding section 1532 of
title 31, United States Code, or any other provision of law
prohibiting the interagency funding of activities described
under subclause (I), (II), or (III) of clause (i), in the
performance of the responsibilities, authorities, and duties
of the Council--
``(i) the Executive Chairperson may authorize the use of
interagency funding for--
``(I) Governmentwide training of employees of the Offices
of the Inspectors General;
``(II) the functions of the Integrity Committee of the
Council; and
``(III) any other authorized purpose determined by the
Council; and
``(ii) upon the authorization of the Executive Chairperson,
any department, agency, or entity
[[Page 21787]]
of the executive branch which has a member on the Council
shall fund or participate in the funding of such activities.
``(B) Revolving fund.--
``(i) In general.--The Council may--
``(I) establish in the Treasury of the United States a
revolving fund to be called the Inspectors General Council
Fund; or
``(II) enter into an arrangement with a department or
agency to use an existing revolving fund.
``(ii) Amounts in revolving fund.--
``(I) In general.--Amounts transferred to the Council under
this subsection shall be deposited in the revolving fund
described under clause (i)(I) or (II).
``(II) Training.--Any remaining unexpended balances
appropriated for or otherwise available to the Inspectors
General Criminal Investigator Academy and the Inspectors
General Auditor Training Institute shall be transferred to
the revolving fund described under clause (i)(I) or (II).
``(iii) Use of revolving fund.--
``(I) In general.--Except as provided under subclause (II),
amounts in the revolving fund described under clause (i)(I)
or (II) may be used to carry out the functions and duties of
the Council under this subsection.
``(II) Training.--Amounts transferred into the revolving
fund described under clause (i)(I) or (II) may be used for
the purpose of maintaining any training academy as determined
by the Council.
``(iv) Availability of funds.--Amounts in the revolving
fund described under clause (i)(I) or (II) shall remain
available to the Council without fiscal year limitation.
``(C) Superseding provisions.--No provision of law enacted
after the date of enactment of this subsection shall be
construed to limit or supersede any authority under
subparagraph (A) or (B), unless such provision makes specific
reference to the authority in that paragraph.
``(4) Existing authorities and responsibilities.--The
establishment and operation of the Council shall not affect--
``(A) the role of the Department of Justice in law
enforcement and litigation;
``(B) the authority or responsibilities of any Government
agency or entity; and
``(C) the authority or responsibilities of individual
members of the Council.
``(d) Integrity Committee.--
``(1) Establishment.--The Council shall have an Integrity
Committee, which shall receive, review, and refer for
investigation allegations of wrongdoing that are made against
Inspectors General and staff members of the various Offices
of Inspector General described under paragraph (4)(C).
``(2) Membership.--The Integrity Committee shall consist of
the following members:
``(A) The official of the Federal Bureau of Investigation
serving on the Council, who shall serve as Chairperson of the
Integrity Committee, and maintain the records of the
Committee.
``(B) Four Inspectors General described in subparagraph (A)
or (B) of subsection (b)(1) appointed by the Chairperson of
the Council, representing both establishments and designated
Federal entities (as that term is defined in section 8G(a)).
``(C) The Special Counsel of the Office of Special Counsel.
``(D) The Director of the Office of Government Ethics.
``(3) Legal advisor.--The Chief of the Public Integrity
Section of the Criminal Division of the Department of
Justice, or his designee, shall serve as a legal advisor to
the Integrity Committee.
``(4) Referral of allegations.--
``(A) Requirement.--An Inspector General shall refer to the
Integrity Committee any allegation of wrongdoing against a
staff member of the office of that Inspector General, if--
``(i) review of the substance of the allegation cannot be
assigned to an agency of the executive branch with
appropriate jurisdiction over the matter; and
``(ii) the Inspector General determines that--
``(I) an objective internal investigation of the allegation
is not feasible; or
``(II) an internal investigation of the allegation may
appear not to be objective.
``(B) Definition.--In this paragraph the term `staff
member' means any employee of an Office of Inspector General
who--
``(i) reports directly to an Inspector General; or
``(ii) is designated by an Inspector General under
subparagraph (C).
``(C) Designation of staff members.--Each Inspector General
shall annually submit to the Chairperson of the Integrity
Committee a designation of positions whose holders are staff
members for purposes of subparagraph (B).
``(5) Review of allegations.--The Integrity Committee
shall--
``(A) review all allegations of wrongdoing the Integrity
Committee receives against an Inspector General, or against a
staff member of an Office of Inspector General described
under paragraph (4)(C);
``(B) refer any allegation of wrongdoing to the agency of
the executive branch with appropriate jurisdiction over the
matter; and
``(C) refer to the Chairperson of the Integrity Committee
any allegation of wrongdoing determined by the Integrity
Committee under subparagraph (A) to be potentially
meritorious that cannot be referred to an agency under
subparagraph (B).
``(6) Authority to investigate allegations.--
``(A) Requirement.--The Chairperson of the Integrity
Committee shall cause a thorough and timely investigation of
each allegation referred under paragraph (5)(C) to be
conducted in accordance with this paragraph.
``(B) Resources.--At the request of the Chairperson of the
Integrity Committee, the head of each agency or entity
represented on the Council--
``(i) may provide resources necessary to the Integrity
Committee; and
``(ii) may detail employees from that agency or entity to
the Integrity Committee, subject to the control and direction
of the Chairperson, to conduct an investigation under this
subsection.
``(7) Procedures for investigations.--
``(A) Standards applicable.--Investigations initiated under
this subsection shall be conducted in accordance with the
most current Quality Standards for Investigations issued by
the Council or by its predecessors (the President's Council
on Integrity and Efficiency and the Executive Council on
Integrity and Efficiency).
``(B) Additional policies and procedures.--
``(i) Establishment.--The Integrity Committee, in
conjunction with the Chairperson of the Council, shall
establish additional policies and procedures necessary to
ensure fairness and consistency in--
``(I) determining whether to initiate an investigation;
``(II) conducting investigations;
``(III) reporting the results of an investigation; and
``(IV) providing the person who is the subject of an
investigation with an opportunity to respond to any Integrity
Committee report.
``(ii) Submission to congress.--The Council shall submit a
copy of the policies and procedures established under clause
(i) to the congressional committees of jurisdiction.
``(C) Reports.--
``(i) Potentially meritorious allegations.--For allegations
described under paragraph (5)(C), the Chairperson of the
Integrity Committee shall make a report containing the
results of the investigation of the Chairperson and shall
provide such report to members of the Integrity Committee.
``(ii) Allegations of wrongdoing.--For allegations referred
to an agency under paragraph (5)(B), the head of that agency
shall make a report containing the results of the
investigation and shall provide such report to members of the
Integrity Committee.
``(8) Assessment and final disposition.--
``(A) In general.--With respect to any report received
under paragraph (7)(C), the Integrity Committee shall--
``(i) assess the report;
``(ii) forward the report, with the recommendations of the
Integrity Committee, including those on disciplinary action,
within 30 days (to the maximum extent practicable) after the
completion of the investigation, to the Executive Chairperson
of the Council and to the President (in the case of a report
relating to an Inspector General of an establishment or any
employee of that Inspector General) or the head of a
designated Federal entity (in the case of a report relating
to an Inspector General of such an entity or any employee of
that Inspector General) for resolution; and
``(iii) submit to the Committee on Government Oversight and
Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
other congressional committees of jurisdiction an executive
summary of such report and recommendations within 30 days
after the submission of such report to the Executive
Chairperson under clause (ii).
``(B) Disposition.--The Executive Chairperson of the
Council shall report to the Integrity Committee the final
disposition of the matter, including what action was taken by
the President or agency head.
``(9) Annual report.--The Council shall submit to Congress
and the President by December 31 of each year a report on the
activities of the Integrity Committee during the preceding
fiscal year, which shall include the following:
``(A) The number of allegations received.
``(B) The number of allegations referred to other agencies,
including the number of allegations referred for criminal
investigation.
``(C) The number of allegations referred to the Chairperson
of the Integrity Committee for investigation.
``(D) The number of allegations closed without referral.
``(E) The date each allegation was received and the date
each allegation was finally disposed of.
``(F) In the case of allegations referred to the
Chairperson of the Integrity Committee, a summary of the
status of the investigation of the allegations and, in the
case of investigations completed during the preceding fiscal
year, a summary of the findings of the investigations.
``(G) Other matters that the Council considers appropriate.
``(10) Requests for more information.--With respect to
paragraphs (8) and (9), the Council shall provide more
detailed information about specific allegations upon request
from any of the following:
``(A) The chairperson or ranking member of the Committee on
Homeland Security and Governmental Affairs of the Senate.
``(B) The chairperson or ranking member of the Committee on
Oversight and Government Reform of the House of
Representatives.
``(C) The chairperson or ranking member of the
congressional committees of jurisdiction.
``(11) No right or benefit.--This subsection is not
intended to create any right or benefit,
[[Page 21788]]
substantive or procedural, enforceable at law by a person
against the United States, its agencies, its officers, or any
person.''.
(b) Allegations of Wrongdoing Against Special Counsel or
Deputy Special Counsel.--
(1) Definitions.--In this section--
(A) the term ``Integrity Committee'' means the Integrity
Committee established under section 11(d) of the Inspector
General Act of 1978 (5 U.S.C. App), as amended by this Act;
and
(B) the term ``Special Counsel'' refers to the Special
Counsel appointed under section 1211(b) of title 5, United
States Code.
(2) Authority of integrity committee.--
(A) In general.--An allegation of wrongdoing against the
Special Counsel or the Deputy Special Counsel may be
received, reviewed, and referred for investigation by the
Integrity Committee to the same extent and in the same manner
as in the case of an allegation against an Inspector General
(or a member of the staff of an Office of Inspector General),
subject to the requirement that the Special Counsel recuse
himself or herself from the consideration of any allegation
brought under this paragraph.
(B) Coordination with existing provisions of law.--This
subsection does not eliminate access to the Merit Systems
Protection Board for review under section 7701 of title 5,
United States Code. To the extent that an allegation brought
under this subsection involves section 2302(b)(8) of that
title, a failure to obtain corrective action within 120 days
after the date on which that allegation is received by the
Integrity Committee shall, for purposes of section 1221 of
such title, be considered to satisfy section 1214(a)(3)(B) of
that title.
(3) Regulations.--The Integrity Committee may prescribe any
rules or regulations necessary to carry out this subsection,
subject to such consultation or other requirements as might
otherwise apply.
(c) Effective Date and Existing Executive Orders.--
(1) Council.--Not later than 180 days after the date of the
enactment of this Act, the Council of the Inspectors General
on Integrity and Efficiency established under this section
shall become effective and operational.
(2) Executive orders.--Executive Order No. 12805, dated May
11, 1992, and Executive Order No. 12933, dated March 21, 1996
(as in effect before the date of the enactment of this Act)
shall have no force or effect on and after the earlier of--
(A) the date on which the Council of the Inspectors General
on Integrity and Efficiency becomes effective and operational
as determined by the Executive Chairperson of the Council; or
(B) the last day of the 180-day period beginning on the
date of enactment of this Act.
(d) Technical and Conforming Amendments.--
(1) Inspector general act of 1978.--The Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(A) in sections 2(1), 4(b)(2), and 8G(a)(1)(A) by striking
``section 11(2)'' each place it appears and inserting
``section 12(2)''; and
(B) in section 8G(a), in the matter preceding paragraph
(1), by striking ``section 11'' and inserting ``section 12''.
(2) Separate appropriations account.--Section 1105(a) of
title 31, United States Code, is amended by striking the
first paragraph (33) and inserting the following:
``(33) a separate appropriation account for appropriations
for the Council of the Inspectors General on Integrity and
Efficiency, and, included in that account, a separate
statement of the aggregate amount of appropriations requested
for each academy maintained by the Council of the Inspectors
General on Integrity and Efficiency.''.
SEC. 8. SUBMISSION OF BUDGET REQUESTS TO CONGRESS.
Section 6 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``(f)(1) For each fiscal year, an Inspector General shall
transmit a budget estimate and request to the head of the
establishment or designated Federal entity to which the
Inspector General reports. The budget request shall specify
the aggregate amount of funds requested for such fiscal year
for the operations of that Inspector General and shall
specify the amount requested for all training needs,
including a certification from the Inspector General that the
amount requested satisfies all training requirements for the
Inspector General's office for that fiscal year, and any
resources necessary to support the Council of the Inspectors
General on Integrity and Efficiency. Resources necessary to
support the Council of the Inspectors General on Integrity
and Efficiency shall be specifically identified and justified
in the budget request.
``(2) In transmitting a proposed budget to the President
for approval, the head of each establishment or designated
Federal entity shall include--
``(A) an aggregate request for the Inspector General;
``(B) amounts for Inspector General training;
``(C) amounts for support of the Council of the Inspectors
General on Integrity and Efficiency; and
``(D) any comments of the affected Inspector General with
respect to the proposal.
``(3) The President shall include in each budget of the
United States Government submitted to Congress--
``(A) a separate statement of the budget estimate prepared
in accordance with paragraph (1);
``(B) the amount requested by the President for each
Inspector General;
``(C) the amount requested by the President for training of
Inspectors General;
``(D) the amount requested by the President for support for
the Council of the Inspectors General on Integrity and
Efficiency; and
``(E) any comments of the affected Inspector General with
respect to the proposal if the Inspector General concludes
that the budget submitted by the President would
substantially inhibit the Inspector General from performing
the duties of the office.''.
SEC. 9. SUBPOENA POWER.
Section 6(a)(4) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting ``in any medium (including electronically
stored information, as well as any tangible thing)'' after
``other data''; and
(2) by striking ``subpena'' and inserting ``subpoena''.
SEC. 10. PROGRAM FRAUD CIVIL REMEDIES ACT.
Section 3801(a)(1) of title 31, United States Code, is
amended--
(1) in subparagraph (D), by striking ``and'' after the
semicolon;
(2) in subparagraph (E), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(F) a designated Federal entity (as such term is defined
under section 8G(a)(2) of the Inspector General Act of
1978);''.
SEC. 11. LAW ENFORCEMENT AUTHORITY FOR DESIGNATED FEDERAL
ENTITIES.
Section 6(e) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in paragraph (1) by striking ``appointed under section
3''; and
(2) by adding at the end the following:
``(9) In this subsection, the term `Inspector General'
means an Inspector General appointed under section 3 or an
Inspector General appointed under section 8G.''.
SEC. 12. APPLICATION OF SEMIANNUAL REPORTING REQUIREMENTS
WITH RESPECT TO INSPECTION REPORTS AND
EVALUATION REPORTS.
Section 5 of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended--
(1) in each of subsections (a)(6), (a)(8), (a)(9), (b)(2),
and (b)(3)--
(A) by inserting ``, inspection reports, and evaluation
reports'' after ``audit reports'' the first place it appears;
and
(B) by striking ``audit'' the second place it appears; and
(2) in subsection (a)(10) by inserting ``, inspection
reports, and evaluation reports'' after ``audit reports''.
SEC. 13. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS
GENERAL.
(a) In General.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after section 8K the
following:
``SEC. 8L. INFORMATION ON WEBSITES OF OFFICES OF INSPECTORS
GENERAL.
``(a) Direct Links to Inspectors General Offices.--
``(1) In general.--Each agency shall establish and maintain
on the homepage of the website of that agency, a direct link
to the website of the Office of the Inspector General of that
agency.
``(2) Accessibility.--The direct link under paragraph (1)
shall be obvious and facilitate accessibility to the website
of the Office of the Inspector General.
``(b) Requirements for Inspectors General Websites.--
``(1) Posting of reports and audits.--The Inspector General
of each agency shall--
``(A) not later than 3 days after any report or audit (or
portion of any report or audit) is made publicly available,
post that report or audit (or portion of that report or
audit) on the website of the Office of Inspector General; and
``(B) ensure that any posted report or audit (or portion of
that report or audit) described under subparagraph (A)--
``(i) is easily accessible from a direct link on the
homepage of the website of the Office of the Inspector
General;
``(ii) includes a summary of the findings of the Inspector
General; and
``(iii) is in a format that--
``(I) is searchable and downloadable; and
``(II) facilitates printing by individuals of the public
accessing the website.
``(2) Reporting of fraud, waste, and abuse.--
``(A) In general.--The Inspector General of each agency
shall establish and maintain a direct link on the homepage of
the website of the Office of the Inspector General for
individuals to report fraud, waste, and abuse. Individuals
reporting fraud, waste, or abuse using the direct link
established under this paragraph shall not be required to
provide personally identifying information relating to that
individual.
``(B) Anonymity.--The Inspector General of each agency
shall not disclose the identity of any individual making a
report under this paragraph without the consent of the
individual unless the Inspector General determines that such
a disclosure is unavoidable during the course of the
investigation.''.
(b) Repeal.--Section 746(b) of the Financial Services and
General Government Appropriations Act, 2008 (5 U.S.C. App.
note; 121 Stat. 2034) is repealed.
(c) Implementation.--Not later than 180 days after the date
of enactment of this Act, the head of each agency and the
Inspector General of each agency shall implement the
amendment made by this section.
SEC. 14. OTHER ADMINISTRATIVE AUTHORITIES.
(a) In General.--Section 6(d) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended to read as follows:
[[Page 21789]]
``(d)(1)(A) For purposes of applying the provisions of law
identified in subparagraph (B)--
``(i) each Office of Inspector General shall be considered
to be a separate agency; and
``(ii) the Inspector General who is the head of an office
referred to in clause (i) shall, with respect to such office,
have the functions, powers, and duties of an agency head or
appointing authority under such provisions.
``(B) This paragraph applies with respect to the following
provisions of title 5, United States Code:
``(i) Subchapter II of chapter 35.
``(ii) Sections 8335(b), 8336, 8344, 8414, 8468, and
8425(b).
``(iii) All provisions relating to the Senior Executive
Service (as determined by the Office of Personnel
Management), subject to paragraph (2).
``(2) For purposes of applying section 4507(b) of title 5,
United States Code, paragraph (1)(A)(ii) shall be applied by
substituting `the Council of the Inspectors General on
Integrity and Efficiency (established by section 11 of the
Inspector General Act) shall' for `the Inspector General who
is the head of an office referred to in clause (i) shall,
with respect to such office,'.''.
(b) Authority of Treasury Inspector General for Tax
Administration To Protect Internal Revenue Service
Employees.--Section 8D(k)(1)(C) of the Inspector General Act
of 1978 (5 U.S.C. App.) is amended by striking ``physical
security'' and inserting ``protection to the Commissioner of
Internal Revenue''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Towns) and the gentleman from Connecticut (Mr. Shays) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TOWNS. I yield myself such time as I may consume.
H.R. 928, the Inspector General Reform Act of 2008, focuses on the
important role of the Inspectors General in providing independent
oversight within Federal agencies. By investigating and reporting
waste, fraud and abuse to both agency leaders and to the Congress,
Inspectors General play a critical role in maintaining checks and
balances in the Federal Government.
This bill strengthens and reforms the Inspector General system by
providing greater independence and accountability for IG offices. H.R.
928 first passed this House last October with more than 400 votes. The
other body passed a similar bill sponsored by Senator McCaskill earlier
this year. We have worked with the Senate to resolve the differences
between the two bills and produce the amended bill now under
consideration. It passed the Senate by unanimous consent last night.
H.R. 928 enhances the rank and pay of IGs within their agencies, and
requires that Congress be promptly informed if an IG is transferred or
removed from office. It provides a mechanism for IGs to report to
Congress if their budgets are inadequate to perform their
responsibilities and sets aside funding for training. And the bill
establishes an Inspectors General Council, and sets procedures for
investigating potential IG misconduct.
I would like to commend the sponsor of this bill, my good friend Mr.
Cooper from the great State of Tennessee, for his work in crafting this
legislation. He has worked on it for several years as part of his work
on improving government accountability.
I also thank Chairman Waxman and Ranking Member Davis as well as the
subcommittee Ranking Member Bilbray for their work in moving this bill
forward.
H.R. 928 will make sure that the IGs have the legal authority and
tools necessary to continue their role as nonpartisan, professional,
honest brokers on behalf of the people.
I reserve the balance of my time.
Mr. SHAYS. I yield myself such time as I may consume.
I'm rising in support of this legislation. The Government Oversight
and Reform Committee works very closely with both the general
accountability office and the Inspector General's office. The Inspector
Generals play a major role in our ability to weed out waste, abuse and
fraud. We need to strengthen this office.
And we appreciate the work that Mr. Cooper has been involved in to
bring this legislation forward.
I will insert my full statement into the Record.
Madam Speaker, today, we take up H.R. 928, the Improving Government
Accountability Act. This legislation is intended to enhance the
independence of inspectors general throughout government to improve
their ability to monitor and oversee executive branch operations.
Since the enactment of the Inspector General Act of 1978, inspectors
general throughout government have played an integral role in
identifying waste and mismanagement in government. IGs have also been
instrumental in aiding Congress and the executive branch to make
government more efficient and effective.
We all agree IGs should operate independently, free from political
interference. After all, both agency heads and Congress often rely on
IG reports to provide frank assessments of the effectiveness of Federal
programs.
However, inspectors general should also be part of an agency's
management structure--albeit with some independence--rather than a
``fourth branch'' of the Federal Government. We must be careful not to
separate the IGs from the day-to-day operations of the agencies they
oversee so they may continue to perform a constructive, integrated role
and not just ``second-guess'' the decisions made by agencies.
I believe the compromise legislation we are taking up today strikes
the right balance between IG independence and the appropriate
management role of inspectors general.
I reserve the balance of my time.
Mr. TOWNS. I would like to yield 5 minutes to the gentleman from
Tennessee, who is a person who came to us early on with this idea
which, I think, is an excellent one, so I am delighted to yield 5
minutes to the gentleman from Tennessee (Mr. Cooper).
Mr. COOPER. Thanks to my friend and colleague Mr. Towns of New York
and my friend from Connecticut, Mr. Shays.
This is a very important bill for cleaning up the mess in government.
Inspectors General are the watchdogs on behalf of the U.S. taxpayer to
make sure that the waste, fraud and abuse that can occur in any Federal
agency is cleaned up.
This bill is long overdue. We've been working on it for a long time.
Sadly, it took many years for it to be brought up for a vote. But now
with the Democratic majority, it passed, as my friend from New York
noted, overwhelmingly. It has been passed in the Senate, and now will
soon be enacted into law.
The key points are these: We needed to professionalize the IGs. These
are wonderful public servants, but due to historical accident, some of
them are appointed by the President, some are appointed by the agency
heads, some of them are more independent than others. There's been a
lot of confusion there, and they simply haven't had the independence
and the accountability that they need to have to serve the U.S.
taxpayer.
I want to thank, in particular, previous legislative directors that
I've had who've worked on this bill for literally many years. Anne Kim
deserves great credit. Cicely Simpson deserves great credit. And my
current Legislative Director, James Leuschen, deserves great credit
because these are the folks who really carried the ball during the
years in which we were, literally, unable to get a vote.
Believe it or not, this bill even faced, this year, a Presidential
veto threat; they were so worried about reducing the patronage that
they had had in past appointments.
But now, finally, the IGs of America will be professionalized. That
is good news, not only for every Federal agency, but also, most
importantly, for the Federal taxpayer.
No matter how much oversight we conduct in this Congress, and I'm
proud to see the Oversight and Government Reform Committee revitalized
under Henry Waxman's leadership, because we are conducting the hearings
that really should have been held over many years.
{time} 1100
But no matter how watchful Congress is in looking over Federal
agencies, we can't be on the ground in the agency every day the way
Inspectors General can be.
[[Page 21790]]
So I want to congratulate my friends from New York and Connecticut
because these two gentlemen are true public servants. Their hearts are
in the right place when it comes to protecting the taxpayer, and now
we've even persuaded the majority of the House and the Senate and the
White House to do the right thing.
I hope we can have a substantial vote on the suspension for
professionalizing Inspectors General of the United States of America.
Mr. SHAYS. Madam Speaker, this legislation is essential if the United
States Congress is going to do its job. Our job is not just writing
legislation; our job is to do proper oversight of all of the various
departments and agencies.
We have Inspectors General that are assigned for each of our
departments. We have some who do a really outstanding job, and we have
some who do a good job, and some who, frankly, need to do a better job.
I think this legislation will help professionalize this agency in a
way that's important for our people, for our country, and for the
majority and the minority in this Congress. We want a more efficient
government. We want a better-run government. Inspectors General help us
do that.
I yield back my time.
Mr. TOWNS. Madam Speaker, I really feel that this legislation is so
timely, because when you talk to people, when we had hearings that
Inspectors General would come in and talk about the fact that sometimes
they would be in the middle of an investigation of some type and that
the budget would be cut, or in some instances they were actually fired.
So I think this kind of brings about the independence that they need
regardless in terms of the fact that if there is an investigation, if
there's problems, it gives them the freedom to be able to move and get
the things they need to get done.
I would like to commend all of my colleagues that have been involved
in this issue. I would like to commend the staff for bringing us where
we are today.
Mrs. MALONEY of New York. Madam Speaker, I rise today in strong
support of H.R. 928, the ``Inspector General Reform Act'' This
legislation includes provisions of a bill that I introduced last year,
along with Ranking Member Tom Davis, which will provide for the
enhanced protection of the Internal Revenue Service and its employees.
In 1998, Congress passed the Internal Revenue Service Restructuring
and Reform Act, which created the Treasury Inspector General for Tax
Administration (TIGTA). The legislation gave TIGTA the responsibility
for protecting the Internal Revenue Service (IRS) against external
attempts to corrupt or threaten IRS employees. At the same time, it
excluded the provision of providing ``physical security'' from TIGTA's
responsibilities.
Prior to the enactment of this law, the former IRS Inspection Service
had been responsible for protecting the IRS against external attempts
to corrupt or threaten IRS employees. The IRS Inspection Service was
responsible for providing armed escorts for IRS employees who were
specifically threatened or who were contacting individuals designated
as ``Potentially Dangerous Taxpayers.'' The law transferred most of
those duties to the new Treasury Inspector General for Tax
Administration. Inexplicably, ``physical security'' was excluded from
TIGTA's statutory responsibilities.
In its current statutory mission, TIGTA investigates all allegations
of threats or assaults involving IRS employees and assists U.S.
Attorneys' offices with appropriate prosecutions. However, if TIGTA
determines that any of the threats or assaults it investigates call for
the provision of physical security, the language of the 1998 law
precludes TIGTA from taking action.
Authorizing TIGTA to have armed escort authority would be both more
efficient and more effective in advancing tax administration and
ensuring the safety of IRS employees.
I am pleased that upon passage of H.R. 928 today, this bill will be
sent to the president for his signature. I want to thank Chairman
Waxman and Ranking Member Davis for their support of this provision,
and I urge my colleagues to support H.R. 928.
Mr. DAVIS of Virginia. Madam Speaker, today, we take up H.R. 928, the
Improving Government Accountability Act. This legislation is intended
to enhance the independence of inspectors general throughout government
to improve their ability to monitor and oversee executive branch
operations.
Since the enactment of the Inspector General Act of 1978, inspectors
general throughout government have played an integral role in
identifying waste and mismanagement in government. IGs have also been
instrumental in aiding Congress and the executive branch to make
government more efficient and effective.
We all agree IGs should operate independently, free from political
interference. After all, both agency heads and Congress often rely on
IG reports to provide frank assessments of the effectiveness of federal
programs.
However, inspectors general should also be part of an agency's
management structure--albeit with some independence--rather than a
``fourth branch'' of the Federal Government. If we separate the IGs
from the day-to-day operations of the agencies they oversee, IGs will
cease to perform a constructive, integrated role and instead would
become a ``Monday morning quarterback'' with their function solely
second-guessing decisions made by agencies.
The House passed its version of this bill last October. At the time,
while I supported the bill, I remained concerned that several of the
provisions went too far in isolating inspectors general, removing them
from the agency decision-making process.
After the Senate passed its bill in April, we began discussions with
the Senate Homeland Security and Governmental Affairs Committee and
developed a compromise to both bills--which we are taking up today.
I will support the compromise bill as I believe it adequately
addresses my remaining concerns by striking the right balance between
IG independence and the appropriate management role of inspectors
general.
Mr. WAXMAN. Madam Speaker, I rise in support of the Senate amendments
to H.R. 928, the Improving Government Accountability Act. This bill,
introduced by Representative Cooper, was favorably reported by the
Oversight Committee on August 2, 2007, with strong support from members
across the political spectrum.
There is a simple reason why this bill has so much support: it
strengthens the Inspectors General, who are the first line of defense
against waste, fraud, and abuse in federal programs.
The last six years have given us examples of Inspectors General at
their best and at their worst.
Stuart Bowen, the Special Inspector General for Iraq Reconstruction,
has uncovered fraud and saved American taxpayers hundreds of millions
of dollars. Clark Kent Erving and Richard Skinner, the former and
current IGs for the Department of Homeland Security, have identified
billions in wasteful spending in the new Department. Glenn Fine at the
Department of Justice; Earl Delvaney at Interior; and Brian Miller at
the General Services Administration have all reported courageously on
abuses within the agencies they oversee.
These and other IGs have fought waste, fraud, and abuse and saved the
taxpayers billions of dollars.
Yet there are also IGs who seem more intent on protecting their
departments from political embarrassment than on doing their job. The
Oversight Committee is investigating allegations that the State
Department IG has blocked investigations into contract fraud in Iraq
and Afghanistan. The Energy and Commerce Committee documented serious
abuses by the former IG in the Commerce Department. And the Science
Committee has identified serious questions raised about the close
relationship of the NASA IG to agency management.
This bill strengthens the good IGs by giving them greater
independence. Under this legislation, they will have new budgetary
independence, and the President or agency head will have to inform
Congress 30 days before any IG is removed.
At the same time, the legislation enacts in statute new mechanisms
for holding bad IGs to account. The legislation establishes an
``Integrity Committee'' that will investigate allegations that IGs have
abused the public trust.
There have been several key champions of the legislation.
Representative Cooper has worked tirelessly on this issue for years and
deserves our thanks for his efforts. I would also like to acknowledge
Subcommittee Chairman Towns for his tremendous leadership in moving
this legislation forward and Ranking Member Tom Davis for his
commitment to strong IGs and his many helpful contributions.
H.R. 928 would make needed improvements to the IG Act and I urge
members to support it.
Mr. TOWNS. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr.
[[Page 21791]]
Towns) that the House suspend the rules and concur in the Senate
amendment to the bill, H.R. 928.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SHAYS. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
SENIOR PROFESSIONAL PERFORMANCE ACT OF 2008
Mr. TOWNS. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1046) to modify pay provisions relating to certain
senior-level positions in the Federal Government, and for other
purposes.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 1046
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Senior Professional
Performance Act of 2008''.
SEC. 2. PAY PROVISIONS RELATING TO CERTAIN SENIOR-LEVEL
POSITIONS.
(a) Locality Pay.--Section 5304 of title 5, United States
Code, is amended--
(1) in subsection (g), by amending paragraph (2) to read as
follows:
``(2) The applicable maximum under this subsection shall be
level III of the Executive Schedule for--
``(A) positions under subparagraphs (A) and (B) of
subsection (h)(1); and
``(B) any positions under subsection (h)(1)(C) as the
President may determine.''; and
(2) in subsection (h)--
(A) in paragraph (1)--
(i) by striking subparagraph (A);
(ii) in subparagraph (D)--
(I) in clause (v), by striking ``or'' at the end;
(II) in clause (vi), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:
``(vii) a position to which section 5376 applies (relating
to certain senior-level and scientific and professional
positions).''; and
(iii) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (A), (B), and (C), respectively; and
(B) in paragraph (2)(B)--
(i) in clause (i)--
(I) by striking ``subparagraphs (A) through (C)'' and
inserting ``subparagraphs (A) and (B)''; and
(II) by striking ``or (vi)'' and inserting ``(vi), or
(vii)''; and
(ii) in clause (ii)--
(I) by striking ``paragraph (1)(D)'' and inserting
``paragraph (1)(C)''; and
(II) by striking ``or (vi)'' and inserting ``(vi), or
(vii)''.
(b) Access to Higher Maximum Rate of Basic Pay.--Section
5376(b) of title 5, United States Code, is amended--
(1) in paragraph (1), by striking subparagraph (B) and
inserting the following:
``(B) subject to paragraph (3), not greater than the rate
of basic pay payable for level III of the Executive
Schedule.''; and
(2) by adding at the end the following:
``(3) In the case of an agency which has a performance
appraisal system which, as designed and applied, is certified
under section 5307(d) as making meaningful distinctions based
on relative performance, paragraph (1)(B) shall apply as if
the reference to `level III' were a reference to `level II'.
``(4) No employee may suffer a reduction in pay by reason
of transfer from an agency with an applicable maximum rate of
pay prescribed under paragraph (3) to an agency with an
applicable maximum rate of pay prescribed under paragraph
(1)(B).''.
(c) Authority for Employment; Appointments; Classification
Standards.--Title 5, United States Code is amended--
(1) in section 3104(a), in the second sentence, by striking
``prescribes'' and inserting ``prescribes and publishes in
such form as the Director may determine'';
(2) in section 3324(a) by striking ``the Office of
Personnel Management'' and inserting: ``the Director of the
Office of Personnel Management on the basis of qualification
standards developed by the agency involved in accordance with
criteria specified in regulations prescribed by the
Director'';
(3) in section 3325--
(A) in subsection (a), in the second sentence, by striking
``or its designee for this purpose'' and inserting the
following: ``on the basis of standards developed by the
agency involved in accordance with criteria specified in
regulations prescribed by the Director of the Office of
Personnel Management''; and
(B) by adding at the end the following:
``(c) The Director of the Office of Personnel Management
shall prescribe such regulations as may be necessary to carry
out the purpose of this section.''; and
(4) in section 5108(a)(2) by inserting ``published by the
Director of the Office of Personnel Management in such form
as the Director may determine'' after ``and procedures''.
(d) Effective Date and Application.--
(1) Effective date.--The amendments made by this section
shall take effect on the first day of the first pay period
beginning on or after the 180th day following the date of
enactment of this Act.
(2) No reductions in rates of pay.--
(A) In general.--The amendments made by this section may
not result, at the time such amendments take effect, in a
reduction in the rate of basic pay for an individual holding
a position to which section 5376 of title 5, United States
Code, applies.
(B) Determination of rate of pay.--For the purposes of
subparagraph (A), the rate of basic pay for an individual
described in that subparagraph shall be deemed to be the rate
of basic pay set for the individual under section 5376 of
title 5, United States Code, plus any applicable locality pay
paid to that individual on the day before the effective date
under paragraph (1), subject to regulations that the Director
of the Office of Personnel Management may prescribe.
(3) References to maximum rates.--Except as otherwise
provided by law, any reference in a provision of law to the
maximum rate under section 5376 of title 5, United States
Code--
(A) as provided before the effective date of the amendments
made by this section, shall be considered a reference to the
rate of basic pay for level IV of the Executive Schedule; and
(B) as provided on or after the effective date of the
amendments made by this section, shall be considered a
reference to--
(i) the rate of basic pay for level III of the Executive
Schedule; or
(ii) if the head of the agency responsible for
administering the applicable pay system certifies that the
employees are covered by a performance appraisal system
meeting the certification criteria established by regulation
under section 5307(d), level II of the Executive Schedule.
SEC. 3. LIMITATIONS ON CERTAIN PAYMENTS.
(a) In General.--Section 5307(d) of title 5, United States
Code, is amended--
(1) in paragraph (2), by striking all after ``purposes of''
and inserting: ``applying the limitation in the calendar year
involved, has a performance appraisal system certified under
this subsection as making, in its design and application,
meaningful distinctions based on relative performance.''; and
(2) in paragraph (3)(B)--
(A) by striking all beginning with ``An'' through ``2
calendar years'' and inserting ``The certification of an
agency performance appraisal system under this subsection
shall be for a period not to exceed 24 months beginning on
the date of certification, unless extended by the Director of
the Office of Personnel Management for up to 6 additional
months''; and
(B) by striking ``, for purposes of either or both of those
years,''.
(b) Extension of Certification.--
(1) Extension to 2009.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment of this Act
and scheduled to expire at the end of calendar year 2008, the
Director of the Office of Personnel Management may provide
that such a certification shall be extended without requiring
additional justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2009; or
(ii) the first anniversary of the date of the
certification.
(2) Extension to 2010.--
(A) In general.--For any certification of a performance
appraisal system under section 5307(d) of title 5, United
States Code, in effect on the date of enactment and scheduled
to expire at the end of calendar year 2009, the Director of
the Office of Personnel Management may provide that such a
certification shall be extended without requiring additional
justification by the agency.
(B) Limitation.--The expiration of any extension under this
paragraph shall be not later than the later of--
(i) June 30, 2010; or
(ii) the second anniversary of the date of the
certification.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Towns) and the gentleman from Connecticut (Mr. Shays) each
will control 20 minutes.
[[Page 21792]]
The Chair recognizes the gentleman from New York.
General Leave
Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their
remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. TOWNS. Madam Speaker, I yield myself such time as I may consume.
I rise in support of S. 1046, the Senior Professional Performance Act
of 2008, introduced by Senator George Voinovich of Ohio.
This legislation passed the Senate with an amendment by unanimous
consent on July 11, 2008, and was referred to the House Committee on
Oversight and Government Reform.
This legislation amends Federal pay provisions to raise the cap on
base pay for certain senior-level scientific and professional
government employees while eliminating locality-based comparability
payments for the employees.
The legislation makes small changes in the procedures for new
appointments of senior-level scientific and professional provisions
classified above GS-15. The legislation also allows the director of the
Office of Personnel Management to extend the certification of an
agency's performance appraisal system, which is otherwise limited to 24
months under the bill, for up to 6 months.
The Congressional Budget Office estimates that implementing this
legislation would cost the Federal Government roughly $7 million
between 2008 and 2012, which would be paid from discretionary
appropriations. This legislation would not affect direct spending or
revenues.
In 2003, Congress enacted legislation to reform the pay-for-
performance management system for the Senior Executive Service. This
legislation, as amended, authorizes agencies to develop and implement
similar pay and performance management systems for senior level
scientific and professional personnel in order to retain these talented
and capable employees.
With the prediction on the high numbers of Federal workers eligible
for retirement, it is important that the Federal Government have tools
in place to recruit and retain a highly skilled workforce. S. 1046
provides agencies with the flexibility needed to meet future workforce
needs of the Federal Government. We recognize that pay-for-performance
systems are still under review. However, this bill serves as a first
step to improving innovative Federal compensation systems.
Therefore, Madam Speaker, I urge my colleagues to join me in
supporting this legislation by agreeing to pass S. 1046.
I reserve the balance of my time.
Mr. SHAYS. Madam Speaker, I yield myself such time as I may consume.
Today we take up the Senior Professional Performance Act of 2008.
It's a commonsense reform, and I'm pleased to support it, and so are
other members of the committee.
The purpose of this bill is to align the pay system for certain
Federal employees with that of the Senior Executive Servicemembers--
those who provide the executive management of the Federal Government.
The employees covered by this bill--senior professionals classified
as scientific and professional personnel (ST) and senior-level
personnel (SL)--are recognized as providing essential specialized
skills needed to address the Federal Government's imminent challenges.
The ST employee is a specially qualified, non-executive who conducts
research and development functions in the physical, biological,
medical, or engineering sciences, or a closely related field.
The SL employee is a high-level non-executive who is not involved in
fundamental research and development--like a high-level special
assistant or a senior attorney in a highly specialized field. The
Senior Executives Association, whose members include SL and ST
employees, have asked for this pay comparability, as has the Office of
Personnel Management.
I intend to support this legislation. I believe other Members on our
committee do as well, and we urge our colleagues to do so as well.
I reserve my time.
Mr. TOWNS. Madam Speaker, does the gentleman from Connecticut have
additional speakers?
Mr. SHAYS. Madam Speaker, I don't have any additional speakers.
I would just like to say this is an essential bill to make sure that
we are getting the kind of employees in our government who can do the
kinds of jobs that we need to do. They need to be properly reimbursed,
and I thank the gentleman.
I yield back.
Mr. TOWNS. Let me just say that to the critics, this might not be a
total solution, but I say to you that it is a giant step in the right
direction. I'm happy that my colleague from Connecticut, who also
agrees with this, and others who have worked very hard to bring us to
where we are today, I would like to salute our staff who worked very
hard as well, and to say that, yes, it might not be a total solution,
but it is a step in the right direction, a giant step, and that we
should move as quickly as possible to make certain that this becomes
law by passing it out of this House today.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Towns) that the House suspend the rules
and pass the Senate bill, S. 1046.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SHAYS. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
BULLETPROOF VEST PARTNERSHIP GRANT ACT OF 2008
Mr. CONYERS. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6045) to amend title I of the Omnibus Crime Control and Safe
Streets Act of 1968 to extend the authorization of the Bulletproof Vest
Partnership Grant Program through fiscal year 2012.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6045
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulletproof Vest Partnership
Grant Act of 2008''.
SEC. 2. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
BULLETPROOF VEST PARTNERSHIP GRANT PROGRAM.
Section 1001(a)(23) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is
amended by striking ``2009'' and inserting ``2012''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Conyers) and the gentleman from Utah (Mr. Cannon) each
will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
General Leave
Mr. CONYERS. Madam Speaker, I ask unanimous consent that all Members
have 5 days to revise and extend their remarks and include extraneous
material.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. CONYERS. Madam Speaker, I yield myself such time as I may
consume.
Members of the House, I rise to commend the gentleman from Indiana,
Peter Visclosky, for helping us provide more bulletproof vests to
policemen. It's kind of amazing that we need to pass a law to get more
bulletproof vests for policemen.
More than 800,000 police officers put their lives at risk daily to
protect our
[[Page 21793]]
community. Many of them are protected by bullet-resistant armor, but an
alarming number of officers are not afforded this protection because of
local budget constraints. So this bill created by the gentleman from
Indiana tries to take care of this problem.
The Bulletproof Vest Partnership Grant Program was established back
in 1998 to assist State and local law enforcement agencies in securing
protective equipment necessary to safeguard the lives of officers. And
the program administered by the Department of Justice provides up to
half of the matching grants--50 percent of the matching grants for the
purchase of protective vests. Since then, the program has enabled
thousands of jurisdictions across our Nation to purchase more than 1.5
million such vests.
It's estimated 3,000 law enforcement officers have survived shootings
in part due to their bulletproof vest. In recognition of its vital role
in the protection of these officers, the Bulletproof Vest Program has
been extended, and it's set to expire at the end of fiscal year 2009
unless we extend it again.
Here we reauthorize the program for an additional 3 years so that to
help more of our law enforcement officers, and I doubt if there's a
Member in this House that isn't in full support of this measure.
I reserve the balance of my time.
Mr. CANNON. Madam Speaker, I yield myself such time as I may consume.
On Tuesday, the life of an Alexandria, Virginia, police officer was
spared because he was wearing a bulletproof vest when he was shot in
the chest. The officer was shot during a traffic stop on Interstate 395
just outside of Washington, DC, by a man who later took his own life.
Fortunately, the officer is expected to make a full recovery.
There are more than 900,000 State and local law enforcement officers
who risk their lives every day to keep our community safe, yet we often
lose sight of how quickly something as routine as a traffic stop can
turn deadly for a police officer. Each year approximately 16,000 State
and local officers are injured in the line of duty. In 2007, for
instance, 55 police officers were killed by firearms in the line of
duty.
Thankfully, many police officers and sheriff's deputies are saved
each year by bulletproof vests. The Bulletproof Vest Partnership was
created by the Bulletproof Vest Partnership Grant Act of 1998 as a
Department of Justice program to provide funding for bulletproof vests
and other body armor to State and local law enforcement.
{time} 1115
Since 1999, 40,000 State and local governments have participated in
the Bulletproof Vest Program. The program, administered by the Office
of Justice Programs, has awarded Federal grants to support the purchase
of an estimated 1.5 million vests, including over 800 vests to law
enforcement agencies in my home State of Utah, making my police and
many police around the country safer.
H.R. 6045 reauthorizes the Bulletproof Vest Partnership Grant Program
through fiscal year 2012. This legislation enjoys broad bipartisan
support and endorsements from a number of law enforcement
organizations, including the Fraternal Order of Police.
It is important that we reauthorize this simple and effective program
to protect our men and women in law enforcement. I urge my colleagues
to support this bill.
I reserve the balance of my time.
Mr. CONYERS. Madam Speaker, I yield to the gentleman from Indiana
(Mr. Visclosky) as much time as he may consume.
Mr. VISCLOSKY. I appreciate the chairman yielding very much.
Madam Speaker, I rise today in strong support of H.R. 6045, the
Bulletproof Vest Partnership Grant Act of 2008. I am a very proud
sponsor of this legislation.
At the outset, I want to express my heartfelt gratification and
thanks to my friend, the gentleman from New Jersey (Mr. LoBiondo) for
his lead in cosponsorship of H.R. 6045. Mr. LoBiondo and I have been
partners in this endeavor since 1997.
I would also like to thank the Committee on the Judiciary chairman,
Mr. Conyers, as well as Mr. Cannon, Ranking Member Lamar Smith,
chairman of the subcommittee Bobby Scott, and subcommittee Ranking
Member Louie Gohmert for their strong support and efforts on behalf of
this important legislation.
Finally, I would like to thank the 170 bipartisan cosponsors of this
measure and the law enforcement organizations that have expressed their
strong support.
If I could take a step back, the Bulletproof Vest Partnership Grant
Act was introduced in November 1997 after meeting with Northwest
Indiana chiefs of police and hearing that many gang members and drug
dealers had the protection of bulletproof vests, while many police
officers did not. I was even more troubled to learn the reason why so
many officers do not have access to bulletproof vests. It was because
they are prohibitively expensive. A good vest can cost in excess of
$500. Many small departments, as well as larger ones, simply cannot
afford to purchase vests for all of their officers, a fact that
sometimes forces officers to purchase their own.
Our original legislation was signed into law by President Clinton in
June of 1998, and as you know, the purpose of the act is to protect the
lives of law enforcement officers by helping State and local government
equip them with bulletproof vests. Bulletproof vests and body armor
have saved thousands of lives since the introduction of the modern
material; however, they cannot protect the lives of those who do not
have access to them.
The Fraternal Order of Police have stated that ``body armor is one of
the most important pieces of equipment an officer can have and often
mean the difference between life and death.''
The grant program has directly benefited every State and territory of
the United States, and this critical program provides State and local
and tribal law enforcement officers with needed protection by aiding
the purchase of protective equipment.
In closing, I again want to thank my good friend Mr. LoBiondo for his
strong leadership and work on this measure over the years and the
police officers who risk their lives for us every day, all of us. They
are the mothers and fathers, and they are the sons and daughters. It is
our obligation to the officers and their families to give them access
to the equipment that will safeguard their life.
Madam Speaker, I ask my colleagues for their strong support of this
measure.
Mr. CANNON. Madam Speaker, I yield for so much time as he may consume
to the gentleman from New Jersey (Mr. LoBiondo).
Mr. LoBIONDO. Madam Speaker, to my colleague Mr. Cannon, thank you
very much.
I would also like to particularly thank Mr. Visclosky. In 1997 when
we first started talking about this, there was a dramatic and very sad
incident that took place in my district, the Second Congressional
District of New Jersey, and I believe that Mr. Visclosky had a similar
situation in his district.
Through the 1990s, a variety of groups had been sort of cobbling
together the ability to buy vests for officers by selling doughnuts and
for cake sales and a number of different ways because they understood
the need, but there wasn't a resource to be able to do this.
Unfortunately, in 1996, at a State prison in my district, Officer Fred
Baker, a corrections officer who was on duty, who was not wearing a
vest, was stabbed in the back by an inmate and that stab was fatal.
We can only speculate what the fate would have been of Officer Baker
if he had a vest on. I happen to believe that he would be alive today.
And when I got back from that break at home, I got together with Mr.
Visclosky, and we embarked upon this road to convince our colleagues of
the importance of this program.
You've heard the statistics, 40,000 jurisdictions, 1.5 million vests,
and people ask, Well, why is it important to keep doing this? Once
you've done a vest, why isn't that enough? Well, they have a shelf
life. When you put a vest
[[Page 21794]]
to an officer, it doesn't last forever. The technology increases and
they wear out.
This is a critically important program. At a time when all of America
wonders whether what's happening in Washington really works on Main
Street and in the real world, this is a program that we can point to
with absolute certainty that has conclusive, positive benefit. It saves
the lives of our police officers.
This is something that works. This is something that Main Street
understands. This is something that law enforcement understands, and
this is one of those programs where we can do the right thing and
continue it.
When an officer is sworn in and receives their badge and their gun,
they should be receiving a vest. All across America people get up every
morning and don't expect to have a problem, but if that problem occurs
and they need that thin blue line, they expect our law enforcement to
respond as quickly as they can, and part of that response for law
enforcement ought to be the protection that a vest provides. It's the
least that we can do.
I strongly support this bill. I thank Mr. Visclosky, I thank Mr.
Conyers, I thank Mr. Smith of Texas, and all those who are responsible
for having this move to the floor today.
Mr. CONYERS. We yield back our time.
Mr. CANNON of Utah. Madam Speaker, I wanted to just thank Mr.
Visclosky and also Mr. LoBiondo who suffered tragic losses and resulted
in very important protection for my police and police around the
country.
Ms. LORETTA T. SANCHEZ of California. Madam Speaker, I rise in
support of H.R. 6045, the Bulletproof Vest Partnership Grant Act of
2008.
Bulletproof vests and body armor have saved thousands of law
enforcement officers since the introduction and improvement of
bulletproof material.
The Bulletproof Vest Partnership Grant Program provides our brave law
enforcement officers with the vital equipment they need to save lives
in the line of fire.
This grant program was created in 1999 by the Department of Justice
to provide protection to state, local and tribal law enforcement
officers by assisting officers in purchasing the protective equipment
they need.
Since its inception, the grant program has purchased more than 1.5
million bulletproof vests for over 40,000 jurisdictions in the United
States. In 2007 alone, the program provided $28.6 million to state and
local law enforcement agencies across America and purchased over
180,000 new bulletproof vests.
In my district, this grant program has awarded more than $45,000 to
law enforcement officials in the cities of Anaheim and Santa Ana. As a
result, these cities were able to purchase more than 400 vests for
their officers.
I am pleased that the House of Representatives is acting to
reauthorize the Bulletproof Vest Partnership Grant Program for another
three years.
Brave law enforcement officers risk their lives on a daily basis to
protect our communities, and this grant program ensures that their
communities can help protect them.
Mr. UDALL of Colorado. Madam Speaker, as a proud cosponsor of this
bill I urge its approval by the House.
The bill will extend through fiscal year 2012 the highly successful
grant program for armor vests for law enforcement officers.
The program was originally established in 1998 through enactment of
legislation sponsored by Colorado's Senator Ben Nighthorse Campbell.
Since then, over 11,900 jurisdictions have participated in the program,
with $173 million in Federal funds committed to support the purchase of
an estimated 450,000 vests.
For example, in fiscal year 2007, 60 separate jurisdictions in
Colorado received more than $352,000 to assist with the purchase of
1,883 vests.
And while of course the most vests were purchased by the largest law
enforcement agencies--570 by the city and county of Denver, 344 by the
State of Colorado, 131 by Adams County and 45 by EI Paso County--the
program also assisted many smaller agencies as well, including those in
Hinsdale County, Moffat County, Federal Heights, Glenwood Springs, and
Durango.
Police officers from across our State have told me the program has
been a great success, improving the safety and security of American law
enforcement officers and better enabling them to do their job. And
while President Bush's budgets have repeatedly neglected to request the
full funding authorized for the program, Congress has stepped up and
recognized its importance and appropriated the funds needed to keep it
strong.
Bulletproof vests are expensive but essential. No officer should be
without one and they should be basic equipment made available to
officers when we ask them to perform dangerous jobs. If we can afford
to pay for training and equipment for Iraqi police--and we indeed are
paying for that--I think we can afford to help pay for bulletproof
vests for the officers who protect Americans here at home.
So, Madam Speaker, I urge approval of this bill, to renew and extend
the authorization for this very important program.
Mr. CANNON. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Conyers) that the House suspend the rules
and pass the bill, H.R. 6045.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CANNON. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 11 o'clock and 34 minutes a.m.), the House stood in
recess subject to the call of the Chair.
____________________
{time} 1205
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Holden) at 12 o'clock and 5 minutes p.m.
____________________
EXPRESSING SENSE OF CONGRESS THAT THE PRESIDENT SHOULD GRANT A
POSTHUMOUS PARDON TO JOHN ARTHUR ``JACK'' JOHNSON
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and agree to the concurrent resolution (H. Con. Res. 214)
expressing the sense of Congress that the President should grant a
posthumous pardon to John Arthur ``Jack'' Johnson for the 1913 racially
motivated conviction of Johnson, which diminished his athletic,
cultural, and historic significance, and tarnished his reputation.
The Clerk read the title of the concurrent resolution.
The text of the concurrent resolution is as follows:
H. Con. Res. 214
Whereas John Arthur ``Jack'' Johnson was a flamboyant,
defiant, and controversial figure in American history who
challenged racial biases;
Whereas Jack Johnson was born in Galveston, Texas, in 1878
to parents who were former slaves;
Whereas Jack Johnson was a professional boxer who traveled
throughout the United States and the world, fighting both
Black and White heavyweight boxers;
Whereas in 1908, after being denied the opportunity to
fight two White boxing champions on purely racial grounds,
Jack Johnson was granted an opportunity by an Australian
promoter to fight Tommy Burns, the reigning world heavyweight
champion;
Whereas Jack Johnson defeated Burns to become the first
African American to hold the title of world heavyweight
champion;
Whereas the victory of Jack Johnson over Burns prompted the
search for a White boxer who could beat him, a recruitment
effort dubbed the search for the ``Great White Hope'';
Whereas in Reno, Nevada, in 1910, in what was referred to
by many as the ``Battle of the Century'', a White former
heavyweight champion named James ``Jim'' Jeffries came back
from retirement to fight, and lose to, Jack Johnson;
Whereas the defeat of Jeffries by Jack Johnson sparked
rioting and aggression toward African Americans and led to
racially motivated murders of African Americans nationwide;
Whereas the resentment felt toward Jack Johnson by many
Whites was compounded by his relationships with White women;
[[Page 21795]]
Whereas between 1901 and 1910, 754 African Americans were
lynched, some simply for being ``too familiar'' with White
women;
Whereas in 1910, Congress passed the White-slave traffic
Act (commonly known as the ``Mann Act''), which outlawed the
transportation of women in interstate or foreign commerce
``for the purpose of prostitution or debauchery, or for any
other immoral purpose'';
Whereas in October 1912, Jack Johnson became involved with
a White woman, Lucille Cameron, whose mother disapproved of
the relationship, claimed that Johnson had abducted her
daughter, and sought action from the Department of Justice;
Whereas Jack Johnson was arrested by United States marshals
on October 18, 1912, for transporting Lucille Cameron across
State lines for an ``immoral purpose'' in violation of the
Mann Act, but Cameron refused to cooperate with authorities,
the charges were dropped, and Cameron later married the
champion;
Whereas Federal authorities continued to pursue Jack
Johnson and summoned Belle Schreiber, a White woman, to
testify that Johnson had transported her across State lines
for the purposes of ``prostitution and debauchery'';
Whereas in 1913, Jack Johnson was convicted of violating
the Mann Act and was sentenced to 1 year and 1 day in Federal
prison, but fled the country to Canada and then to various
European and South American countries;
Whereas Jack Johnson lost the heavyweight championship
title to Jess Willard in Cuba in 1915;
Whereas Jack Johnson returned to the United States in July
1920, surrendered to the authorities, and served nearly 1
year in the United States Penitentiary at Leavenworth,
Kansas;
Whereas Jack Johnson fought boxing matches after his
release from prison, but never regained the heavyweight
championship title;
Whereas Jack Johnson supported this Nation during World War
II by encouraging citizens to buy war bonds and by
participating in exhibition boxing matches to promote the
sale of war bonds;
Whereas Jack Johnson died in an automobile accident in
1946; and
Whereas in 1954, Jack Johnson was inducted into the Boxing
Hall of Fame: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That it is the sense of Congress that--
(1) John Arthur ``Jack'' Johnson paved the way for African
American athletes to participate and succeed in racially
integrated professional sports in the United States;
(2) Jack Johnson was wronged by a racially motivated
conviction prompted by his success in the boxing ring and his
relationships with White women;
(3) the criminal conviction of Jack Johnson unjustly ruined
his career and destroyed his reputation; and
(4) the President should grant a posthumous pardon to Jack
Johnson to expunge from the annals of American criminal
justice a racially motivated abuse of the prosecutorial
authority of the Federal Government, and to recognize Jack
Johnson's athletic and cultural contributions to society.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Utah (Mr. Cannon)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
I rise today in support of this resolution expressing the sense of
Congress that the President should grant a posthumous pardon to John
Arthur ``Jack'' Johnson for the 1913 racially motivated conviction of
Mr. Johnson, which diminished his athletic, cultural and historic
significance and tarnished his reputation.
More importantly, Mr. Speaker, adoption of this resolution and
granting of this posthumous pardon by the President would remove a
nearly century-old stain from the reputation of this Nation. Although
the harm inflicted on Mr. Johnson can never be undone, it is
nevertheless important that we set the record straight and acknowledge
that he was wrongfully convicted in a disgraceful climate of racial
hatred.
John Arthur ``Jack'' Johnson was a flamboyant, defiant and
controversial figure in American history who challenged racial biases.
The son of former slaves, Jack Johnson was a professional boxer who
traveled throughout the United States and the world, fighting both
black and white heavyweight boxers. He was without question one of the
greatest boxers this Nation has ever produced.
The resentment felt towards Mr. Johnson by many whites was not
limited to his successes in the ring. It was compounded by his
relationship with white women, an issue which aroused not just anger,
but brutal violence. Between 1901 and 1910, 754 African Americans were
lynched, some simply for being perceived as ``too familiar'' with white
women.
In 1912, Jack Johnson was arrested by United States marshals and
charged with transporting his future wife, Lucille Cameron, across
State lines for an ``immoral purpose'' in violation of the Mann Act.
Ms. Cameron refused to cooperate with the authorities, the charges were
dropped, and she later married the champion.
Federal authorities continued to pursue Jack Johnson and subsequently
sought to prosecute him based on charges of ``prostitution and
debauchery.'' This time they were able to obtain a conviction, and Mr.
Johnson was forced to flee the country.
He returned to the United States in July 1920, surrendered to the
authorities, and served nearly 1 year in the United States Penitentiary
at Leavenworth, Kansas. Jack Johnson fought boxing matches after his
release from prison, but never regained the heavyweight championship
title.
Although this Nation failed him, Jack Johnson remained a patriotic
American. He supported this Nation during World War II by encouraging
citizens to buy war bonds and by participating in exhibition boxing
matches to promote the sale of war bonds. He died in 1946. In 1954,
Jack Johnson was finally inducted into the Boxing Hall of Fame, a
fitting recognition of the outstanding accomplishments of this great
sportsman.
It is time that we also recognize the wrong that was done and do what
is in our power to make amends for this wrongful conviction, which
destroyed a great boxing career, but not a courageous and indomitable
sportsman.
I urge my colleagues to support the measure.
I reserve the balance of my time.
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
The gentlewoman from California has eloquently set forth the facts,
the simple facts that relate to why we are here today. This is a
profoundly important piece of legislation because it transforms a wrong
in American history.
I would just like to say that one of the profoundly important things
in our time, one of the things that I am most proud of and most pleased
with, in fact one of the things that gives me the greatest pleasure in
life, is the fact that we are in a time when a person's ethnicity is
less important than his or her capabilities.
I think it is time that we ask the President to pardon Jack Johnson,
because he represents some of the difficulty in our past. I am
impressed that he was killed in a car accident after he sped away from
a restaurant that refused to serve him. Every American today is
uncomfortable with that. It was a standard at one point in time. It is
not the standard in America today, something that I think is wonderful
in our country.
At a time with other crises going on around us, I am pleased to ask
for our colleagues to support this bill and do something right, or
recognize that some wrong was done in America and do something about
that.
I support the passage of House Concurrent Resolution 214, which calls
on the President to grant a posthumous pardon to Jack Johnson for a
racially motivated conviction for violating the Mann Act.
Jack Johnson was the first African American boxer to become the
heavyweight champion of the world. But the Mann Act conviction
diminished Mr. Johnson's athletic, cultural, and historic significance
and tarnished his reputation.
Jack Johnson was born in Galveston, TX, in 1878. The son of former
slaves, Johnson grew up poor. He attended school only until the fifth
grade and began boxing as a young teenager.
[[Page 21796]]
By 1902, Johnson had won at least 50 fights against both white and
black opponents. However, his efforts to win the heavyweight title were
thwarted as world champion Jim Jeffries refused to face him. In 1905,
Jeffries retired from the sport rather than give Johnson a title fight.
In 1908, Johnson finally won the heavyweight title when he knocked
out Tommy Burns in Sydney, Australia. However, Johnson was not
officially recognized as champion until 1910, when he bested Jim
Jeffries who came out of retirement specifically for the fight.
Johnson went on to defend his title a number of times. But in 1913,
at the height of his career, the boxer was convicted of violating the
Mann Act--a law that outlawed the transportation of women across state
lines for ``any immoral purpose.''
After his conviction, Jack Johnson fled the country and spent several
years abroad as a fugitive. In 1915, he lost his title to Jess Willard
in Cuba.
Five years later, Johnson returned to the United States, surrendered
to authorities, and served 1 year and 1 day in prison. He was never
given another shot at the heavyweight title, and he never cleared his
name. He died in a traffic accident in 1946 at age 68. He was furiously
speeding away from a restaurant that refused to serve him.
In 2004, filmmaker Ken Burns initiated the movement for a pardon
after producing a documentary about Jack Johnson's life. That year, the
Senate approved Senate Resolution 447, an earlier version of today's
resolution, by unanimous consent.
In 2005, a bipartisan group of Senators, led by Senator McCain, wrote
a letter to the President to request a pardon. The letter stated that a
pardon ``would be a strong and necessary symbol to the world of
America's continuing resolve to live up to the noble ideals of freedom,
opportunity and equal justice for all.''
Although it has been over 90 years since Jack Johnson's conviction
and over 50 years since his death, a Presidential pardon would be
untimely but still just.
I join my colleagues in supporting this resolution and ask that the
President grant a long-awaited pardon to Jack Johnson.
Mr. KING of New York. Mr. Speaker, today I rise in support of H. Con.
Res. 214, a resolution granting a posthumous pardon to John Arthur
``Jack'' Johnson for his 1913 racially motivated conviction. On
September 17, 2007, I introduced this resolution with Congressman Jesse
Jackson, and I join today with 40 of my cosponsoring colleagues in
urging the House to pass this resolution today.
Jack Johnson became the first black World Heavyweight Boxing Champion
in 1908 after defeating Tommy Burns in Australia and kept the title
until 1915. He was a flamboyant and controversial figure in American
history who paved the way for African-American athletes to participate
and succeed in racially integrated professional sports in the United
States.
Prompted by his success in the boxing ring and his relationship with
a white woman, Jack Johnson was wronged by a racially motivated
conviction under the Mann Act. He was convicted in 1913 after fleeing
to Canada, Europe and South America and served one year in prison.
Being convicted ruined his career and wrongly destroyed his reputation.
Because of this, we believe the President should grant a posthumous
pardon to Jack Johnson to clear his name and recognize his athletic and
cultural contributions to society. I am proud to have sponsored this
resolution on his behalf
Mr. Speaker, I urge all my colleagues to support this resolution.
Mr. CANNON. Mr. Speaker, I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I urge adoption of this
measure. I appreciate Mr. Cannon's comments, and yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and agree to the concurrent resolution, H. Con. Res. 214.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CANNON. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
Ms. ZOE LOFGREN of California. Mr. Speaker, I move to suspend the
rules and concur in the Senate amendment to the bill (H.R. 4120) to
amend title 18, United States Code, to provide for more effective
prosecution of cases involving child pornography, and for other
purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Clarifying ban of child pornography.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT
OF 2007
Sec. 201. Short title.
Sec. 202. Money laundering predicate.
Sec. 203. Knowingly accessing child pornography with the intent to view
child pornography.
TITLE I--EFFECTIVE CHILD PORNOGRAPHY PROSECUTION ACT OF 2007
SEC. 101. SHORT TITLE.
This title may be cited as the ``Effective Child
Pornography Prosecution Act of 2007''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) Child pornography is estimated to be a multibillion
dollar industry of global proportions, facilitated by the
growth of the Internet.
(2) Data has shown that 83 percent of child pornography
possessors had images of children younger than 12 years old,
39 percent had images of children younger than 6 years old,
and 19 percent had images of children younger than 3 years
old.
(3) Child pornography is a permanent record of a child's
abuse and the distribution of child pornography images
revictimizes the child each time the image is viewed.
(4) Child pornography is readily available through
virtually every Internet technology, including Web sites,
email, instant messaging, Internet Relay Chat, newsgroups,
bulletin boards, and peer-to-peer.
(5) The technological ease, lack of expense, and anonymity
in obtaining and distributing child pornography over the
Internet has resulted in an explosion in the
multijurisdictional distribution of child pornography.
(6) The Internet is well recognized as a method of
distributing goods and services across State lines.
(7) The transmission of child pornography using the
Internet constitutes transportation in interstate commerce.
SEC. 103. CLARIFYING BAN OF CHILD PORNOGRAPHY.
(a) In General.--Chapter 110 of title 18, United States
Code, is amended--
(1) in section 2251--
(A) in each of subsections (a), (b), and (d), by inserting
``using any means or facility of interstate or foreign
commerce or'' after ``be transported'';
(B) in each of subsections (a) and (b), by inserting
``using any means or facility of interstate or foreign
commerce or'' after ``been transported'';
(C) in subsection (c), by striking ``computer'' each place
that term appears and inserting ``using any means or facility
of interstate or foreign commerce''; and
(D) in subsection (d), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``is
transported'';
(2) in section 2251A(c), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``or
transported'';
(3) in section 2252(a)--
(A) in paragraph (1), by inserting ``using any means or
facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2)--
(i) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``distributes, any
visual depiction''; and
(ii) by inserting ``using any means or facility of
interstate or foreign commerce or'' after ``depiction for
distribution'';
(C) in paragraph (3)--
(i) by inserting ``using any means or facility of
interstate or foreign commerce'' after ``so shipped or
transported''; and
(ii) by striking ``by any means,''; and
(D) in paragraph (4), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``has
been shipped or transported''; and
(4) in section 2252A(a)--
(A) in paragraph (1), by inserting ``using any means or
facility of interstate or foreign commerce or'' after
``ships'';
(B) in paragraph (2), by inserting ``using any means or
facility of interstate or foreign commerce'' after ``mailed,
or'' each place it appears;
(C) in paragraph (3), by inserting ``using any means or
facility of interstate or foreign commerce or'' after
``mails, or'' each place it appears;
[[Page 21797]]
(D) in each of paragraphs (4) and (5), by inserting ``using
any means or facility of interstate or foreign commerce or''
after ``has been mailed, or shipped or transported''; and
(E) in paragraph (6), by inserting ``using any means or
facility of interstate or foreign commerce or'' after ``has
been mailed, shipped, or transported''.
(b) Affecting Interstate Commerce.--Chapter 110 of title
18, United States Code, is amended in each of sections 2251,
2251A, 2252, and 2252A, by striking ``in interstate'' each
place it appears and inserting ``in or affecting
interstate''.
(c) Certain Activities Relating to Material Involving the
Sexual Exploitation of Minors.--Section 2252(a)(3)(B) of
title 18, United States Code, is amended by inserting ``,
shipped, or transported using any means or facility of
interstate or foreign commerce'' after ``that has been
mailed''.
(d) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(a)(6)(C) of
title 18, United States Code, is amended by striking ``or by
transmitting'' and all that follows through ``by computer,''
and inserting ``or any means or facility of interstate or
foreign commerce,''.
TITLE II--ENHANCING THE EFFECTIVE PROSECUTION OF CHILD PORNOGRAPHY ACT
OF 2007
SEC. 201. SHORT TITLE.
This title may be cited as the ``Enhancing the Effective
Prosecution of Child Pornography Act of 2007''.
SEC. 202. MONEY LAUNDERING PREDICATE.
Section 1956(c)(7)(D) of title 18, United States Code, is
amended by inserting ``section 2252A (relating to child
pornography) where the child pornography contains a visual
depiction of an actual minor engaging in sexually explicit
conduct, section 2260 (production of certain child
pornography for importation into the United States),'' before
``section 2280''.
SEC. 203. KNOWINGLY ACCESSING CHILD PORNOGRAPHY WITH THE
INTENT TO VIEW CHILD PORNOGRAPHY.
(a) Materials Involving Sexual Exploitation of Minors.--
Section 2252(a)(4) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
(b) Materials Constituting or Containing Child
Pornography.--Section 2252A(a)(5) of title 18, United States
Code, is amended--
(1) in subparagraph (A), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''; and
(2) in subparagraph (B), by inserting ``, or knowingly
accesses with intent to view,'' after ``possesses''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Utah (Mr. Cannon)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. I yield myself such time as I may
consume.
Mr. Speaker, the bill we are considering today combines two bills the
House passed last November to strengthen the Justice Department's
ability to prosecute child pornography. The first fixes a glaring
loophole in the Federal statute prohibiting possession of child
pornography, which a Federal appeals court last year said requires as
an essential element of the offense proof that the images, here kept on
a computer desk, had actually crossed State lines.
Our colleague, Nancy Boyda of Kansas, introduced H.R. 4120 to clarify
that this statute covers conduct ``in or affecting interstate
commerce,'' not just ``in commerce.'' This small change will have great
legal significance, allowing that statute to reach the full extent of
Congress' commerce clause powers.
Trafficking in child pornography is national and international in
scope, and even conduct that may appear wholly intrastate necessarily
affects interstate commerce. This will ensure that our laws reach to
their maximum extent, and it is important, because child pornography is
one of the worst things that exists in our culture.
The Senate also inserted another House-passed bill, H.R. 4136,
introduced by Chris Carney of Pennsylvania. It adds child pornography
proceeds to the money laundering statutes and fixes another loophole
that allowed Internet users to get around the laws against possessing
child pornography simply by not downloading or saving the images.
Mr. Speaker, these two combined measures will be a tremendous help in
the effort to put a stop to this disgusting, abominable exploitation of
children and to bring to justice those who traffic in it.
I want to commend Congresswoman Nancy Boyda and Congressman
Christopher Carney for their sustained commitment to pursuing this
effort so that we can see it enacted into law now.
Mr. Speaker, I reserve the balance of my time.
Mr. CANNON. Mr. Speaker, I yield myself such time as I may consume.
I would just like to thank the gentlewoman from California for taking
the lead here today on this issue. It is an important issue, and she
has laid out the facts behind the need for this today.
We live in a world of very quickly transforming technology. The
courts sometimes have difficulty keeping up with that, and we have to
act to create the legal environment for the courts to appropriately
act. This bill does that. I encourage my colleagues to support it when
it comes to a vote.
Mr. Speaker, I rise in support of H.R. 4120, the Effective Child
Pornography Prosecution Act of 2007. The House passed this legislation
in November of last year to combat the pervasiveness of child
pornography on the Internet.
Child abuse and exploitation are among the most heinous crimes
committed in this country. And in recent years, the Internet, with its
virtually unregulated access to information and to people all over the
world, has become a foul source for this type of criminal activity.
However, in many instances, Federal prosecutors are prevented from
seeking justice.
In a decision by the 10th Circuit United States Court of Appeals in
United States v. Schafer, the Court ruled the transmission of child
pornography on the Internet did not satisfy the interstate requirement
in child pornography laws.
H.R. 4120, the ``Effective Child Pornography Prosecution Act of
2007,'' responds to that decision by expanding jurisdiction for
prosecuting Internet child pornography crimes.
This bill allows the government to prosecute cases when child
pornography or is transmitted ``using any means or facility of
interstate or foreign commerce.'' This is the broadest assertion of
interstate commerce power that Congress can make consistent with the
Constitution.
H.R. 4120, as passed by the Senate, includes provisions similar to
H.R. 4136, the ``Enhancing the Effective Prosecution of Child
Pornography Act of 2007'' which also passed the House last November.
This language closes a loophole used by child pornographers to
circumvent the law by expanding current child pornography statutes.
Current law prohibits the ``possession'' of child pornography. This
law pre-dates the prevalence of the Internet in transmitting child
pornography images. Today, a pedophile can access child pornography and
view it but, under the current statute, may not be criminally liable
for possessing it. This provision will prohibit accessing such content
with the intent to view it and will no longer require an offender to
actually download the material.
It is no longer sufficient to warn our children to not talk to
strangers. With the expansion of the Internet and other technologies,
we must now find new ways to protect our children from the dangers of
the world.
H.R. 4120, the ``Effective Child Pornography Prosecution Act of
2007,'' provides law enforcement important tools for combating these
heinous crimes.
I urge my colleagues to support this bill.
Mr. Speaker, I yield back the balance of my time.
{time} 1215
Ms. ZOE LOFGREN of California. Mr. Speaker, I appreciate the comments
made by the gentleman from Utah. I enjoy working with him, as he knows.
I urge Members to support this bill.
Mrs. BOYDA of Kansas. Mr. Spreaker, the Department of Justice
estimates that, in the last year, one in five children between the ages
of 10 and 17 received a sexual solicitation or approach while they were
using the Internet, With so many threats out there, Congress must
provide a unified message that we, as a society, will not stand for
anything less than a safe Internet. We will do that today when we pass
five good pieces of legislation
[[Page 21798]]
that will help keep our children safe. I am proud that my legislation,
H.R. 4120, Effective Child Pornography Prosecution Act will be a part
of that message.
A man from Kansas, William Schaefer, was found guilty of both
``knowingly receiving'' and ``knowingly possessing'' child pornography
that had been ``transported in interstate commerce, by any means
including by computer.''
Sadly, the 10th Circuit Court of Appeals overturned this decision and
the offender was not prosecuted to the fullest extent of the law. The
Court ruled that just because images are obtained on the Internet, does
not mean they were transmitted across state lines and issued the
following statements:
We decline to assume that Internet use automatically
equates with a movement across state lines.
Congress' use of the ``in commerce'' language, as opposed
to phrasing such as ``affecting commerce'' or ``facility of
interstate commerce,'' signals its decision to limit federal
jurisdiction and require actual movement between states to
satisfy interstate nexus.
The Court essentially asked Congress to clarify its intent that the
Internet is in fact Interstate Commerce and we did that with passage of
the Effective Child Pornography Prosecution Act of 2007. This
legislation closes the jurisdictional loophole that allowed a guilty
man to escape punishment.
As concerned citizens, parents, and Members of Congress, we must do
all we can to keep our children safe. That means we must make a
commitment to being tough on crime--to make sure that those who violate
the law are fully prosecuted--to ensure that the law is so clear that
it deters such heinous crimes from happening.
Mrs. BIGGERT. Mr. Speaker, I rise today to express my strong support
for H.R. 4120, the Effective Child Pornography Prosecution Act. I am
very pleased to be the lead Republican cosponsor, and I thank the
gentlewoman from Kansas for all of her hard work on this legislation
that will close an unacceptable loophole in the Federal criminal code.
Last year, the U.S. Court of Appeals for the 10th Circuit overturned
a lower court's decision in U.S. v. Schaefer and freed a defendant who
had been convicted of receiving and possessing child pornography. The
case was not overturned for lack of evidence, but rather because the
prosecution failed to prove that images downloaded from the Internet
moved across State lines in ``interstate commerce.''
The judges who decided this case pointed out that the use of the
phrase ``in commerce'' instead of ``affecting commerce'' in the law
signaled Congress' intent to limit Federal jurisdiction in the
prosecution of child pornographers. As co-chair of the Missing and
Exploited Children's Caucus, I can assure you, Mr. Speaker, nothing
could be further from the truth. We in Congress know the horrible
consequences that result from the sexual exploitation of children used
to create these images. We also take very seriously our duty to do
everything in our power to protect children, punish predators and deter
future acts of abuse.
That is why the bill we are considering today deserves our full
support. It will close the loophole in current law by replacing the
phrase ``in commerce'' with the phrase ``affecting commerce'' in the
child pornography statute.
I also was pleased that the Senate chose to include additional
provisions making it easier to prosecute those who willfully access
child pornography on the Internet. These changes will give prosecutors
the tools they need to ensure that predators who use the Internet to
transmit or access child pornography end up behind bars, where they
belong.
I would like to take this opportunity to again thank the gentlewoman
from Kansas, my good friend, Nancy Boyda, for introducing this
legislation. I also would like to thank the National Center for Missing
and Exploited Children for their assistance and counsel in drafting the
bill. Mr. Speaker, as a mother of four and grandmother of seven, I know
there is nothing more important than safeguarding our children from
predators. We must not allow those who sexually exploit children to
avoid prosecution because of a technicality.
I urge all my colleagues to support H.R. 4120 and send this important
bill to the White House for the President's signature.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield back the balance
of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and concur in the Senate amendment to the bill, H.R. 4120.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. CANNON. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
CODE TALKERS RECOGNITION ACT OF 2008
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on one motion to suspend the rules previously postponed.
The unfinished business is the question on suspending the rules and
passing the bill, H.R. 4544, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Gutierrez) that the House suspend the
rules and pass the bill, H.R. 4544, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF MOTIONS TO SUSPEND
THE RULES
Mr. ARCURI from the Committee on Rules, submitted a privileged report
(Rept. No. 110-883) on the resolution (H. Res. 1500) providing for
consideration of motions to suspend the rules, which was referred to
the House Calendar and ordered to be printed.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 7060,
RENEWABLE ENERGY AND JOB CREATION TAX ACT OF 2008
Mr. ARCURI, from the Committee on Rules, submitted a privileged
report (Rept. No. 110-884) on the resolution (H. Res. 1501) providing
for consideration of the bill (H.R. 7060) to amend the Internal Revenue
Code of 1986 to provide incentives for energy production and
conservation, to extend certain expiring provisions, to provide
individual income tax relief, and for other purposes, which was
referred to the House Calendar and ordered to be printed.
____________________
WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO
CONSIDERATION OF CERTAIN RESOLUTIONS
Mr. ARCURI. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 1490 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1490
Resolved, That the requirement of clause 6(a) of rule XIII
for a two-thirds vote to consider a report from the Committee
on Rules on the same day it is presented to the House is
waived with respect to any resolution reported on any
legislative day through September 27, 2008, providing for
consideration or disposition of a measure to provide
incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax
relief, and for other purposes.
The SPEAKER pro tempore. The gentleman from New York is recognized
for 1 hour.
Mr. ARCURI. Mr. Speaker, for the purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Sessions). All
time yielded during consideration of this rule is for debate only.
General Leave
Mr. ARCURI. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
and to insert extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
[[Page 21799]]
Mr. ARCURI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, House Resolution 1490 waives a requirement of clause
6(a) of rule XIII requiring a two-thirds vote to consider a rule on the
same day it is reported from the Rules Committee. The resolution
applies to any rule reported on any legislative day through September
27, 2008, providing for consideration or disposition of a measure to
provide incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax relief,
and for other purposes.
I rise today in support of this rule because American families and
small businesses need tax relief now more than ever. This rule will
allow us to bring legislation to the House floor later today that will
not only strengthen our economy by directing tax relief to middle class
families and creating jobs at small businesses, but also will help to
bring this country into a new alternative energy future that will help
to create green collar jobs right here in America, jobs that cannot be
outsourced to foreign countries or overseas.
Since being elected to Congress, I have voted, along with this body,
to cut taxes for middle class families and small businesses on at least
14 separate occasions. In doing so, this Congress has upheld its pledge
to the American people, and I have kept the promise I made to my
constituents to provide much-needed tax relief and incentives for
economic growth.
I know that there are many families and businesses in my district
that are struggling in the current economic crisis. With talk of a $700
billion plan to bail out Wall Street, we cannot, in good conscience,
fail to take action to help so many families facing the ever-escalating
costs of gasoline and home heating fuel into this winter.
This legislation we will consider provides tax relief and incentives
to those who need them most at a fraction of the cost of bailing out
the financial industry.
This Congress has shown a strong commitment to the pay-as-you-go rule
that we adopted last January. I applaud my Blue Dog Coalition
colleagues for their outspoken leadership on the PAYGO consideration
and the PAYGO issue. When I explain to folks back home what PAYGO is, I
ask them a question: You have to balance your books each month, don't
you? The individuals say, of course. They, of course, understand what
it means to balance their books. They would not think of spending more
than they earn. Businesses would not think of spending more than they
earn. You have to ensure that you have enough income coming in to cover
your expenses, and, of course, they respond with a nod of the head.
They understand it. They get it. And then I say: Shouldn't the Federal
Government operate in the same way when it involves spending your tax
dollars?
The legislation this rule will allow us to consider today will extend
a number of critical tax relief measures targeted at middle class
families and small businesses to improve the quality of life and
strengthen our economy. Supporting this rule and the tax legislation we
will consider later today is simple common sense.
We can provide tax relief and incentives to middle class families,
spur innovation, create tens of thousands of new green collar jobs,
reduce our dependence on oil from hostile nations and reduce greenhouse
gases--and we can do it all in a fiscally responsible manner. I urge my
colleagues on both sides of the aisle to support this rule and the
underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SESSIONS. I want to thank the gentleman, my friend, Mr. Arcuri,
for the time that he has yielded me, and I yield myself such time as I
may consume.
``Mr. Speaker, I rise in strong opposition to this martial law rule
and in opposition to the outrageous process that continues to plague
this House. We have before us a martial law rule that allows the
leadership to once again ignore the rules of the House and the
procedures and the traditions of this House. Martial law is no way to
run a democracy, no matter what your ideology, no matter what your
party affiliation.''
I strongly agree with these words, but I cannot, in good faith, take
credit for them because I did not write them. I simply just read them.
My staff did not write them, nor did any of the Republican staff on the
Rules Committee.
In fact, as far as I know, not one Republican had any hand in the
composition of this eloquent defense of democracy in the House of
Representatives, because their author is actually the gentleman from
Massachusetts and a senior member of the Democrat Rules Committee, the
gentleman, Mr. McGovern.
He spoke these exact same words on the floor 2 years ago regarding
what he eloquently and accurately called a martial law rule, which is
what we are being asked to consider here today.
{time} 1230
Although these are not my words, I associate myself with them fully
because they are as true and relevant today as when they were first
used. And since I have already borrowed one selection of the
gentleman's words, I would like to point out another comment my
esteemed Rules Committee colleague made regarding martial law rules. On
December 6, 2006, just 1 month before Democrats were to take control of
the House of Representatives, Democrats made a number of promises on
how they would run the House which, unfortunately, have not held up
well in the contrast to reality.
Before they had control, Mr. McGovern said, ``Mr. Speaker, there is a
better way to run this body. The truth, Mr. Speaker, is that the
American people expect and deserve better. That's why the 110th
Congress must be different. I believe we need to rediscover openness
and fairness in the House. We must insist on full and fair debate on
the issues that come to this body.''
I would like to ask my friends on the Democrat Rules Committee and
this Democratic leadership: What happened? What happened? Where is that
openness and the fairness? Where was the openness on the no-energy bill
rule where over 90 amendments were closed out, including a Republican
substitute?
Where was that openness when we first considered SCHIP
reauthorization and we were handed two closed rules by the Democrat
leadership? Where has it been over these last 2 years when Democrats
have forced a record number of lock-down, closed rules through this
House of Representatives with no opportunity for Members, Republicans
or Democrats, to improve that legislation? And where is that openness
today when we are being asked to consider this tax extenders rule by
once again suspending regular order in this House of Representatives?
I know where it is. Our friends, the Democrats, left it out on the
campaign trail. And with an upcoming election, I suspect that is where
we will be able to find these broken promises once again this next
January. It was an empty promise when they made it, and the emptiness
of this promise was fulfilled on the opening day of the new majority
when the Democrats wrote into the rules of the House closed rules for
consideration of the first six bills that they were able to take up, in
effect discharging the Rules Committee from its duties for the first
six bills they were going to consider. Ah, yes, 6 in '06.
The remedy for examples of unfairness, they criticized the Rules
Committee for the way they did their work, and that trend has started,
sadly, and continues today.
As the gentleman from Massachusetts (Mr. McGovern) said, ``Mr.
Speaker, there is a better way to run this body. The truth, Mr.
Speaker, is that the American people expect and deserve better. That is
why the 110th Congress must be different. I believe we need to
rediscover openness and fairness in this House. We must insist on full
and fair debate on the issues that come before this body.''
Mr. Speaker, with these wise words, I reserve the balance of my time.
Mr. ARCURI. Mr. Speaker, I would inquire of my colleague, my friend
Mr. Sessions, if he has any further speakers. I am prepared to close.
[[Page 21800]]
Mr. SESSIONS. Mr. Speaker, I have several speakers.
At this time I yield for such time as he may use to the gentleman
from Oregon (Mr. Walden).
Mr. WALDEN of Oregon. I thank my colleague and friend from Texas for
yielding.
I come to the floor today bitterly disappointed that this majority is
one more time denying the opportunity to fund county timber payments to
districts like mine.
The Secure Rural Schools Program aids more than 600 rural counties,
and 4,400 school districts in 42 States. Let me say that again: 4,400
school districts, 42 States, 600 rural counties are affected by this.
There is broad bipartisan support to reauthorize this legislation and
keep a nearly century-old commitment to the areas like I represent in
rural Oregon where the Federal Government owns more than half of the
land, much of it timbered. In the old days they would share the
receipts from the timber harvest, and then the Federal Government and
the courts shut all of that down.
I have three counties that have more than 8 percent unemployment.
Virtually all of the mills are gone. I had people coming up to me last
weekend in their overalls asking, Is there any hope? Is there any hope
for them and their kids to make a decent living taking care of
America's forests? Is there any hope to reauthorize the Secure Rural
Schools and Community Self-Determination Act in this Congress? I gave
them a little hope. I said the Senate, the United States Senate, seems
to be caring about us. And, indeed, in the tax extenders bill passed by
the United States Senate by 93-2, they reauthorized the Secure Rural
Schools, phasing it out over 4 years in a formula we all agreed to, but
we don't necessarily like.
Time and again, Democrat leadership in this House has said ``no'' to
that legislation. That is happening right here, right now. It just
happened up in the Rules Committee by denying an amendment offered by
the gentleman from Washington (Mr. Hastings) on a party-line 8-3 vote.
They said, no, we won't even let the House vote to take care of these
folks back home and keep this 100-year-old Federal commitment. It is
outrageous. It is outrageous.
Let me tell you what it means to the people out there. These are real
jobs being lost. There are counties in Oregon that may declare
bankruptcy. Half the police force in sheriff's offices, the deputies
are gone. Road department after road department after road department,
cut, slashed, gone. I have counties that have one road maintenance
person for every 100 miles of road in their county now. That is the
distance from the Nation's capital to Richmond, Virginia, in case
you're counting.
You are down to where there won't be any patrols by sheriff's
deputies. And yet Americans want to recreate in America's forests.
Unfortunately, they go out there and occasionally they get lost. And
when they get lost, whom do they call upon to come find them but these
same search and rescue teams. Tragically, often they have perished in
my State before they get rescued.
It was through funding through this program, or in the old days
through the revenue sharing that came to those counties that we were
able to have the search and rescue teams and the equipment and
everything necessary to go out and try and rescue these families who
would get lost or caught in a snowstorm. That is going away.
Schools are deeply affected. In my State, the money, $280 million a
year, was funneled throughout all of the school districts. In some
States they didn't do it that way. They have already laid off teachers.
Now what is wrong with keeping the word that this Speaker and others
said at the beginning of this Congress that there would be an open and
fair opportunity for the minority to offer up amendments, have them
fully considered, and have them so people can see them.
No, this Rules Committee on an 8-3 basis said we are not going to
even allow you to have a vote. And the heck with these county roads and
schools where the Federal Government has total control, and the heck
with the people who live out there.
County roads and school reauthorization should never have been a
partisan issue, and yet it has become that. This House could simply
take up the Senate bill under a different rule and allow a vote. And
the President of the United States, although he is not the biggest fan
of reauthorizing this county payments program, said he would sign that
bill that came out of the Senate. So he is not the obstacle. He never
said he would veto this. He doesn't like parts of it, but the staff is
pretty clear that he would sign it into law and we would reauthorize
it.
Republicans would like to see a vote on this. They tried in the Rules
Committee, but your Rules Committee said no. So here we are today. This
same day rule short-circuits that process with a rule that says this is
all you get, and shoves it back to the Senate.
It is time for reform and time for change, and it needs to start
right here right now by defeating this same-day rule, by defeating the
next rule and giving people in this House the chance to represent their
people back home by at least having a vote to reauthorize and fund
county roads and schools.
I will tell you, when you let them down, you are hurting literally
school kids and putting people's lives in peril because search and
rescue will be reduced or eliminated in some areas, and police forces
are already being dramatically cut. And that is wrong. It doesn't have
to be that way. If we really wanted to solve problems, you wouldn't ram
this through the way you are doing it.
Mr. ARCURI. Mr. Speaker, I continue to reserve my time.
Mr. SESSIONS. Mr. Speaker, the gentleman from Oregon (Mr. Walden) has
now for at least the last 2 years made himself available, built
bipartisan support, spoken to people in both parties, built a case,
invited people to see the circumstance, and talked on behalf of 42
States, people who live in rural areas that have timber.
The gentleman invited me out this last August, notwithstanding that I
am a friend of his, but he invited me out. I landed in Portland, drove
east on the beautiful highway that goes to Hood, Oregon, and had an
opportunity to meet a lot of the people in the area. They are fabulous.
They are outstanding people who live in the very midst of Mount Hood.
I had an opportunity to see Mount Hood from a different perspective
than the three climbers from Dallas who were trapped and who died
earlier last winter. I had a chance to see Mount Hood in the
summertime. As I was there with the gentleman, Mr. Walden, he told me
the story about the big blowout in the mountain which happened on a
separate event, that devastated the area as a result of what Mother
Nature had done. He spoke about how the communities got together, how
they worked together and solved their problems, just as they did when
the three climbers from Dallas perished on the mountain.
But he forthrightly, along with others, reminded me that it is really
up to us to get our work done here in Washington. And by no means did
the gentleman task me with doing it, but he knew, he knew that I would
have the opportunity, along with our colleague, the gentleman from
Pasco, Washington, Doc Hastings, who is also greatly affected, that we
could come back to a committee that we have served on for 10 and 12
years respectively between the two of us, that we would be able to talk
to our colleagues whom we have served with on that committee for the
past 10 years, that we would be able to express to them the need and
the desire for public policy to be addressed at the appropriate time.
Well, the appropriate time is now. The Senate has spoken. Today the
bill came over from the Senate, overwhelming vote, and the gentleman
from Oregon (Mr. Walden) rushed to me to find out what the Rules
Committee would do, really just to find out what was in the bill. We
found out about the bill only minutes before, which once again is
against the rules of the House that you don't consider a
[[Page 21801]]
bill until it is laid out publicly for 24 hours. But that didn't matter
again today.
And so we asked on behalf of the gentleman, Mr. Walden, the other
members of the Rules Committee what we thought was a bipartisan basis
because I believe it is true to say that there are five people on the
committee who serve rural areas also or who had heard the compelling
story that impacts people all across this country.
So I told Mr. Walden, I think we stand a good chance because we are
able to come to our colleagues whom we have spent hundreds of hours
with over the last 10 years and to say if it is not in your bill, and
we found out it was not, but it is in the package that came from the
Senate, will you please just include that?
Mr. WALDEN of Oregon. Will the gentleman yield?
Mr. SESSIONS. I yield to the gentleman.
Mr. WALDEN of Oregon. I appreciate the gentleman's kind and generous
comments, and also his willingness to come out to my State this summer
and see what we are facing in some of these forests.
I talked to a county commissioner from Klamath County yesterday
morning. The Winema National Forest now, between the Federal forest
land and adjacent private land, there is a half-a-million acres,
500,000 acres, that is now bug infested and nearly dead, if not
completely dead. They can go in and treat that area, clean it up,
replant it, get the dead trees out for about $250 an acre. If we wait
until it catches on fire, taxpayers will spend $1,500 to $2,000 an acre
to fight the fire.
Reauthorizing the Secure Rural Schools and Community Self-
Determination Act makes funds available through different titles in the
bill to assist those local governments and the Forest Service to get in
and make our forests less susceptible to catastrophic fire, healthier
by removing the dead or diseased trees or those that are bug infested
and get ahead of this and actually be better stewards of our lands.
{time} 1245
This year, the Federal Forest Service budget spent over half, 52
percent so far, to fight fire. In that forest alone, they had to take
$1 million away from forest treatment efforts to pay for fighting fires
elsewhere. So we fall further and further behind.
This is not the stewardship of our forests that we should be proud
of. It is the lack of stewardship that would cause Theodore Roosevelt
to roll over in his grave, the great founder of our Nation's forest
system. And it doesn't have to happen. It doesn't have to happen.
Communities shouldn't be evacuated because of fire threat. Our
budgets at the Forest Service shouldn't be exhausted to put out fires.
And the biggest economic activity in a rural, forested timbered
community around these Federal lands shouldn't be the making of
sandwiches for the fire fighters. This has to stop.
The gentleman from New York is a cosponsor of the legislation I'm
advocating here. There are other members of the Rules Committee that
are cosponsors of this legislation on both sides of the aisle. This is
our opportunity. This is our moment. This is our time.
The Senate and the White House support this effort in the legislation
sent here by the Senate. If not now, when? Or do you let it all burn?
Because that's what's happening out there.
Do you put people out of work?
You claim you're for family wage jobs. You're killing them in my part
of the world.
Am I angry about this?
You bet I am. This is real life-and-death stuff. I was at the
memorial service for the firefighters who were killed in Northern
California, killed fighting fires. And while that, tragically, will
happen again, and it is not all the fault that we don't have the
Community Self-Determination Act in place, we need to get better
policy. We need to get ahead of this problem. We need to be the good
stewards we're entrusted to be of these lands. It is not that hard to
be fair. It shouldn't be that hard.
Mr. SESSIONS. Reclaiming my time, Mr. Speaker, you're hearing a story
that happened just minutes ago up in the Rules Committee where the
members of the committee had within their sole jurisdiction the ability
to handle this issue, to take what is referred to as the ping-pong, the
bill that moved over, that was completely in the bill that the
gentleman, Mr. Walden, and the gentleman, Mr. Hastings, have worked so
diligently for the last few years to do.
The Rules Committee chairman, the gentlewoman, Ms. Slaughter, said,
well, you know, I had to wait 13 years for one of my bills. That was
the response.
The answer was, we came back and reasked the Rules Committee if they
would please vote for it. Well, what they did is they turned it down on
a voice vote. So we asked for a recorded vote.
On a party-line basis, every single Democratic member of that Rules
Committee said no to something that is completely within their
jurisdiction, completely within their endeavor. And I fail to know
where there's any opposition.
It was obstinate, and it was a slap in the face to the members of the
committee who have served with them for making a very simple, honest
request.
Open, honest, and ethical. These were the words that we were told and
the American people were told. Well, the people in these 41 States are
going to have to judge that, but they will know, they will know that it
was the Rules Committee and the Speaker of this House, not the United
States Senate, who voted 93-2. It's not the President of the United
States. He's already said he'd sign the bill. It was the Rules
Committee, under the complete jurisdiction of the gentlewoman, Ms.
Slaughter, and the Speaker of this House.
So we're on the floor today, a little upset. Being slam dunked I can
handle. I think being treated in the way that we were is wrong. I think
it's wrong to this committee. I think it's wrong to the members who are
on it.
We reserve the balance of our time.
Mr. ARCURI. Mr. Speaker, I would like to yield 3 minutes to the
gentleman from Vermont, my colleague from the Rules Committee, Mr.
Welch.
Mr. WELCH of Vermont. I thank the gentleman from New York, my
colleague on the Rules Committee. I thank my friend from Texas, also a
colleague on the Rules Committee.
The legislation before us is long overdue. It's about jobs, about
energy efficiency and energy independence, and it's about restoring our
confidence that we can produce jobs and produce energy that's clean,
environmentally sensitive and strong and durable to help move our
economy ahead.
This transition language would allow us to extend about $42 billion
in tax incentives. Mr. Speaker, I'm a skeptic oftentimes on tax
incentives because they are frequently given to industries that are
mature and profitable at the expense of taxpayers. An example of that,
of course, is the $13 billion in tax breaks that continue to go to the
oil industry that has been doing extremely well with the high price of
oil.
Tax incentives properly should be focused on emerging technologies,
and emerging industries, where our country, where our companies, our
small businesses can use the boost in order to develop the new
technologies that will solve a problem that we have, the need for
energy, the need for clean energy, and the need to create jobs and
energy independence here in this country. This legislation will do
that.
I will give just an example. In Vermont, Jeff and Dorry Wolf are two
folks who moved to Vermont in 1998, and they had a dream. The dream was
they could create a company that would build renewable energy. They got
involved in solar energy. And their company, when they started it, at a
time when this was a pipe dream, has now become one of our big
companies in Vermont. It's become a leader in solar technology. It is
doing work all around the country. And these incentives are critical to
its continuation.
So, Mr. Speaker, I urge us to pass this rule so that we can pass the
underlying legislation, move towards energy
[[Page 21802]]
independence, create jobs here in this country, and clean up our
environment.
Mr. SESSIONS. Mr. Speaker, if I could inquire the time remaining on
both sides.
The SPEAKER pro tempore. The gentleman from Texas has 8\1/2\ minutes
remaining, and the gentleman from New York has 23 minutes remaining.
Mr. SESSIONS. Mr. Speaker, at this time I would like to yield 5
minutes to the gentleman from Pasco, Washington, a gentleman who has
spoken very eloquently and consistently up in the Rules Committee, and
has worked his heart out for the needs of the 41 States that fall
within the same position that the gentleman Mr. Walden and the
gentleman Mr. Hastings have. He's a strong advocate. I would like to
yield him 5 minutes.
Mr. HASTINGS of Washington. I want to thank my friend from Texas for
yielding me the time.
Mr. Speaker, I have been in this body for going on 14 years, and I
thought I understood how this system works. We have Republicans and we
have Democrats. And always, I think, it's in the best interest of the
American people when we can work in a bipartisan way.
The issue I want to address myself to is the Secure Rural Schools
Act. It expired. It is very, very important to States, particularly in
the western part of the United States where there's a big influence of
Federal lands and particularly forest lands.
I just caught the end of what my colleague from Oregon talked about
as to why we are in this situation in the first place. But I can tell
you, this is a big economic hit for those rural areas because they
don't get the revenue from the Federal lands that they otherwise would
have had.
But what I don't understand is that this issue has strong bipartisan
support. I serve on the Rules Committee, and there are five of my
Democrat colleagues on the Rules Committee, five out of nine, that are
cosponsors of this legislation.
We know that we are nearing the end of this Congress. And we know
that there are things that have to pass. The tax extender package is a
very important package for other provisions in that bill. For example,
the sales tax deductibility for States that don't have a State income
tax. Florida is in that situation. There are several members of the
Rules Committee that are affected by that. My State is one of those.
But this issue of Secure Rural Schools is very, very important. I
have four counties in my district that are impacted, and one that is
heavily impacted, impacted in a way that my friend from Oregon (Mr.
Walden) talked about.
What I find rather confusing about this is that we have now a bill
that will be brought before us that we could pass in a nanosecond. It's
a tax extender bill that the Senate sent over with a vote of 93-2. It
has essentially the same provisions that I think everybody agrees,
taxes that need to be extended. But it has the provision and a fix to
the Secure Rural Schools for 4 years. For 4 years. It allows those
communities now to make some plans as to what the transition may be in
the future, since we--of course, I think the best thing we ought to do
is utilize our Federal lands. But if that's not going to happen, at
least they'll have some time to plan for it.
This morning, and, by the way, we got the text of this bill at 9:52
this morning, which is a little over 3 hours ago, even though we were
told that we're going to have 24 hours to look at any bill. But we had
it at 9:52 this morning. And we discovered that the Secure Rural
Schools Act was out of the House bill. It wasn't in there.
Well, I'm a member of the Rules Committee, and as a member of the
Rules Committee, you can amend the rules by suspending rules to put
certain provisions in that you think need to be passed. It happens all
the time, especially at the end of the session.
So here we are, this morning, discovered the Secure Rural Schools
wasn't in there. I questioned the individual from the Ways and Means
Committee, Mr. Blumenauer from Oregon, who came up and testified on the
bill, if this was in there. It wasn't in there.
By the way, his State is affected. Even though his district isn't
affected, his State is affected.
So I asked him why this was not in the bill. And his response to me
was, well, this is a tax bill and really the Secure Rural Schools issue
is a spending issue, so we felt it shouldn't be part of the package.
Well, I said, if that's the case, and I accept your argument, then
maybe it could go on some appropriation bill.
And then I thought, wait a minute. Yesterday we had a continuing
resolution with three appropriation bills that passed this House, and
Secure Rural Schools wasn't on it. I don't know why the Democrat
leadership didn't put it on that vehicle. That probably would have been
the proper one. But we're running out of time. And the House Rules
Committee can suspend the rules and attach a provision to anything they
want to. We know the Senate bill came over here 93-2.
So, Mr. Speaker, I offered an amendment to take the text of the
Senate language, which passed 93-2, and asked that that be debated on
the House floor, just asked for it to be debated. If it loses, okay.
That's fine. But I think there's broad support. But if it loses, I
understand that.
I called for a vote on that. And the vote was on a party-line vote,
8-3 no. In other words, the five Democrats that are cosponsors of this
provision, in the waning days of the session, voted ``no'' to consider
this on the House floor.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SESSIONS. I will yield the gentleman 1 additional minute with
only 2 minutes remaining.
{time} 1300
Mr. HASTINGS of Washington. I thank the gentleman for his courtesy.
So as I said from the outset, Mr. Speaker, sometimes I don't
understand how this process works because these extenders have to pass.
We know that. And further, we know that the President will sign this
bill with the Secure Rural Schools language in it. We know that. We
know that.
So, Mr. Speaker, I'm kind of frustrated here, and I think this issue
should pass. I think the best way to do that, frankly, is to pass the
Senate bill and be on with it.
Mr. ARCURI. Mr. Speaker, I would like to yield 4 minutes to the
gentleman from Massachusetts (Mr. Markey).
Mr. MARKEY. I thank the gentleman very much.
President Bush and the Senate Republicans have been given opportunity
after opportunity to pass tax credit extensions for renewable energy.
In just the past year and a half, the Republican leadership has
followed the marching orders of the Bush administration and voted 13
times against Democratic efforts to increase our use of renewable
energy, help protect consumers from high energy prices, and ensure that
Big Oil pays its fair share. They have refused time after time, instead
siding with Big Oil and their fossil fuel friends even as oil prices
remain sky high.
Now the Senate Republicans couldn't resist this time around, either,
sending us a renewable energy tax package stuffed with goodies for
coal-to-liquids, tar sands, and oil shale. Big Oil even gets to keep
most of their tax breaks even though they're tipping consumers upside
down and shaking money out of their pockets. They also want to shake
them upside down as taxpayers and get more money as tax breaks from the
American people.
The only thing renewable about Republican energy policy for the last
8 years has been their inexhaustible support for the Big Oil agenda.
I commend the great work of Chairman Rangel in stripping harmful and
unnecessary provisions and giving us a genuine clean energy tax package
to vote upon today.
This bill primes the renewable energy engine and gives coal a clean
path forward with more than $1 billion in tax incentives to demonstrate
carbon capture and sequestration. This may be the last chance to get
these renewable energy incentives passed into law. If
[[Page 21803]]
President Bush and Senate Republicans shoot this package down like
they've shot down every other opportunity for clean energy tax breaks,
then there may not be another opportunity.
Solar and wind companies are delaying projects because of investment
uncertainty. History has shown that renewable energy deployment could
fall 70 percent or more if these tax incentives lapse. That would
translate into a loss of 116,000 job opportunities and $19 billion in
private investment loss in 2009 alone. That's one more legacy I fear
President Bush has no problem in carrying back to Crawford, Texas:
Champaign celebrations for Big Oil and red ink and pink slips for
America's high tech energy companies and their green collar workers.
Last year in the United States, more wind capacity was installed than
any other source with the exception of natural gas. Thirty-five percent
of all new electrical generating capacity installed in the United
States last year was wind power.
This year, over 40 percent of all new electrical generating capacity
in the United States will be new wind power. Solar photovoltaic
installations also increased an amazing 80 percent last year. 2008 will
surpass that. But what about 2009? What about 2010?
This bill before us invests in the renewable revolution that will
transform America. Electric cars, cellulosic biofuels, wind and solar
will assert our energy independence over the coming decade if the
President signs this bill.
After 8 years of running on a Bush-Cheney-Big Oil energy plan,
America, it is time for an oil change. It is time for us to move off
the oil agenda and move on to the solar, the wind, the biofuels.
The slogan for this Congress should be ``Change, baby, change!'' That
is not what the Republicans are talking about.
Mr. SESSIONS. I would like to reserve my time.
Mr. ARCURI. I am prepared to close, so I would reserve the balance of
my time.
Mr. SESSIONS. Mr. Speaker, in the remaining time I have, I want you
to know that, however, despite everything you have heard, I have good
news, good news for the American people. Right now with the passage of
this continuing resolution yesterday, Republicans have finally removed
the main Democrat roadblock to increasing the domestic production of
American energy.
This underlying legislation--which I am going to put on the floor
right now--which contains tax credits for energy efficiency and
conservation will also help this House to implement what Republicans
have advocated for months: an all-of-the-above strategy, including
nuclear power.
So today I urge my colleagues to demonstrate the courage of these
convictions by voting with me to defeat the previous question. If the
previous question is defeated, I will move to amend the rule to allow
this House to take up a measure right now right here today that will
prevent Members from going home to campaign for reelection without
actually passing a comprehensive energy bill into law.
It would make it plain and permanent for their support. It would
allow States to expand their exploration and extraction of natural
resources along the Outer Continental Shelf; it would open the Arctic
energy slope and oil shale reserves to environmentally prudent
exploration and extraction; it would extend expiring renewable energy
initiatives; it would encourage the streamlining approval and refining
of capacity for nuclear power facilities; it would encourage research
and development of clean coal, coal-to-liquid, and carbon sequestration
technologies and minimizing drawn-out legal challenges that
unreasonably delay or prevent actual domestic energy production.
This requirement would force the Democrat leadership to take
positive, comprehensive, permanent, and meaningful action to increase
the supply of American energy.
Mr. Speaker, all across this country there are cities without
gasoline--there are cities without gasoline--and it stands exactly at
the feet of the Democrat leadership, the new majority, who is making
sure that the American consumer pays record high prices and yet we've
done nothing to make sure that the supply side is taken care of.
Mr. Speaker, I ask unanimous consent to have the text of the
amendment and extraneous material inserted into the Record prior to the
vote on the previous question.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SESSIONS. I yield back the balance of my time.
Mr. ARCURI. I thank my friend from Texas.
Mr. Speaker, when you listen to the people on the other side of the
aisle, you would think that everything that's happened is the fault of
the Democratic Party.
They have had the White House for 8 years. We see oil prices as high
as they have ever been. Two oilmen in the White House, yet we still see
that. We see the economy as bad as the economy has ever been. We're
talking about bailing out Wall Street with $700 billion that we're
borrowing.
This rule today for this bill is about tax extenders, and that is
extenders that would create incentives for alternative energy to help
us wean ourselves off of our addiction to foreign oil. And we're doing
it in a prudent way, in a way that doesn't borrow and spend, doesn't
dump this on the backs of our children and grandchildren, but rather as
a paid-for.
The bill that my colleague from Washington spoke about, it's a very
good bill, but it hasn't been paid for. These tax extenders today that
we're talking about have been paid for. They are extenders that are
prudent and responsible.
Supporting this rule and the tax relief legislation we consider later
today is simply common sense. We can provide tax relief and incentives
to middle class families, we can spur innovation, create tens of
thousands of new jobs, reduce our dependence on oil from hostile
nations, and reduce greenhouse gasses. And we can do all of it in a
fiscally responsible way.
I urge my colleagues to vote ``yes'' on the previous question and on
the rule.
The material previously referred to by Mr. Sessions is as follows:
amendment to H. Res. 1490 Offered by Mr. Sessions of Texas
At the end of the resolution add the following new section:
Sec. 3. It shall not be in order in the House to consider a
concurrent resolution providing for an adjournment of either
House of Congress until comprehensive energy legislation has
been enacted into law that includes provisions designed to--
(A) allow states to expand the exploration and extraction
of natural resources along the Outer Continental Shelf;
(B) open the Arctic National Wildlife Refuge and oil shale
reserves to environmentally prudent exploration and
extraction;
(C) extend expiring renewable energy incentives;
(D) encourage the streamlined approval of new refining
capacity and nuclear power facilities;
(E) encourage advanced research and development of clean
coal, coal-to-liquid, and carbon sequestration technologies;
and
(F) minimize drawn out legal challenges that unreasonably
delay or prevent actual domestic energy production.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
l09th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the
[[Page 21804]]
control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution ..... [and] has no substantive
legislative or policy implications whatsoever.'' But that is
not what they have always said. Listen to the definition of
the previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: ``Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Mr. ARCURI. I yield back the balance of my time, and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. ARCURI. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adoption of the resolution, if ordered,
and motion to suspend the rules with regard to H.R. 758.
The vote was taken by electronic device, and there were--yeas 227,
nays 198, not voting 8, as follows:
[Roll No. 637]
YEAS--227
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis, Lincoln
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hooley
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lewis (GA)
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mitchell
Mollohan
Moore (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shays
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Thompson (MS)
Tierney
Towns
Tsongas
Udall (NM)
Van Hollen
Velazquez
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NAYS--198
Aderholt
Akin
Alexander
Bachmann
Bachus
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Cazayoux
Chabot
Childers
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, Tom
Deal (GA)
DeFazio
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson, Sam
Jones (NC)
Jordan
Kaptur
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Latham
LaTourette
Latta
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Roskam
Royce
Ryan (WI)
Sali
Saxton
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiahrt
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--8
Cubin
Davis (IL)
Davis, David
McCrery
Miller (FL)
Moore (WI)
Shuler
Udall (CO)
{time} 1336
Mr. FORTENBERRY and Ms. KAPTUR changed their vote from ``yea'' to
``nay.''
So the previous question was ordered.
The result of the vote was announced as above recorded.
Stated for:
Ms. MOORE of Wisconsin. Mr. Speaker, on rollcall No. 637, had I been
present, I would have voted ``yea.''
The SPEAKER pro tempore. The question is on the resolution.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Recorded Vote
Mr. SESSIONS. Mr. Speaker, I demand a recorded vote.
A recorded vote was ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 222,
noes 198, not voting 13, as follows:
[[Page 21805]]
[Roll No. 638]
AYES--222
Abercrombie
Ackerman
Allen
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bean
Becerra
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boren
Boswell
Boucher
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Castor
Chandler
Clarke
Clay
Cleaver
Clyburn
Cohen
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crowley
Cuellar
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis, Lincoln
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doggett
Donnelly
Doyle
Edwards (MD)
Edwards (TX)
Ellison
Ellsworth
Emanuel
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Foster
Frank (MA)
Giffords
Gillibrand
Gonzalez
Gordon
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hare
Harman
Hastings (FL)
Herseth Sandlin
Higgins
Hinchey
Hinojosa
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson, E. B.
Kagen
Kanjorski
Kennedy
Kildee
Kilpatrick
Kind
Klein (FL)
Kucinich
Lampson
Langevin
Larsen (WA)
Larson (CT)
Lee
Levin
Lipinski
Loebsack
Lofgren, Zoe
Lowey
Lynch
Mahoney (FL)
Maloney (NY)
Markey
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum (MN)
McDermott
McGovern
McIntyre
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (NC)
Miller, George
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murtha
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Perlmutter
Peterson (MN)
Pomeroy
Price (NC)
Rahall
Rangel
Reyes
Richardson
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Schakowsky
Schiff
Schwartz
Scott (GA)
Scott (VA)
Serrano
Sestak
Shea-Porter
Sherman
Sires
Skelton
Slaughter
Smith (WA)
Snyder
Solis
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Tauscher
Taylor
Thompson (CA)
Tierney
Towns
Tsongas
Udall (NM)
Van Hollen
Visclosky
Walz (MN)
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Wexler
Wilson (OH)
Woolsey
Wu
Yarmuth
NOES--198
Aderholt
Akin
Alexander
Bachmann
Barrett (SC)
Bartlett (MD)
Barton (TX)
Biggert
Bilbray
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Carter
Castle
Cazayoux
Chabot
Childers
Coble
Cole (OK)
Conaway
Crenshaw
Culberson
Davis (KY)
Davis, Tom
Deal (GA)
DeFazio
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Drake
Dreier
Duncan
Ehlers
Emerson
English (PA)
Everett
Fallin
Feeney
Ferguson
Flake
Forbes
Fortenberry
Fossella
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gilchrest
Gingrey
Gohmert
Goode
Goodlatte
Granger
Graves
Hall (TX)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Hill
Hobson
Hoekstra
Hulshof
Hunter
Inglis (SC)
Issa
Johnson (IL)
Johnson, Sam
Jones (NC)
Jordan
Keller
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kuhl (NY)
LaHood
Lamborn
Latham
LaTourette
Latta
Lewis (KY)
Linder
LoBiondo
Lucas
Lungren, Daniel E.
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul (TX)
McCotter
McCrery
McHenry
McHugh
McKeon
McMorris Rodgers
Mica
Miller (MI)
Miller, Gary
Mitchell
Moran (KS)
Murphy, Tim
Musgrave
Myrick
Neugebauer
Nunes
Paul
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Porter
Price (GA)
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Reichert
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Royce
Ryan (WI)
Sali
Saxton
Scalise
Schmidt
Sensenbrenner
Sessions
Shadegg
Shays
Shimkus
Shuster
Simpson
Smith (NE)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Tancredo
Terry
Thornberry
Tiberi
Turner
Upton
Walberg
Walden (OR)
Walsh (NY)
Wamp
Weldon (FL)
Weller
Westmoreland
Whitfield (KY)
Wilson (NM)
Wilson (SC)
Wittman (VA)
Wolf
Young (AK)
Young (FL)
NOT VOTING--13
Bachus
Cubin
Davis, David
Hooley
Kaptur
Lewis (CA)
Lewis (GA)
Miller (FL)
Shuler
Thompson (MS)
Tiahrt
Udall (CO)
Velazquez
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining in this vote.
{time} 1343
So the resolution was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated against:
Mr. TIAHRT. Mr. Speaker, on rollcall No. 638, I was unavoidably
detained. Had I been present, I would have voted ``no.''
____________________
BREAST CANCER PATIENT PROTECTION ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and pass the bill, H.R. 758, as amended, on
which the yeas and nays were ordered.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 758, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 421,
nays 2, not voting 10, as follows:
[Roll No. 639]
YEAS--421
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
[[Page 21806]]
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--2
Flake
Paul
NOT VOTING--10
Broun (GA)
Campbell (CA)
Cubin
Davis, David
Hunter
Kirk
Miller (FL)
Rangel
Shuler
Udall (CO)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). There are 2 minutes
remaining on this vote.
{time} 1353
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 7060, RENEWABLE ENERGY AND JOB
CREATION TAX ACT OF 2008
Mr. ARCURI. Mr. Speaker, by direction of the Committee on Rules, I
call up House Resolution 1501 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1501
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
7060) to amend the Internal Revenue Code of 1986 to provide
incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax
relief, and for other purposes. All points of order against
consideration of the bill are waived except those arising
under clause 10 of rule XXI. The bill shall be considered as
read. All points of order against the bill are waived. The
previous question shall be considered as ordered on the bill
to final passage without intervening motion except: (1) one
hour of debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Ways and
Means; and (2) one motion to recommit.
Sec. 2. During consideration of H.R. 7060 pursuant to this
resolution, notwithstanding the operation of the previous
question, the Chair may postpone further consideration of the
bill to such time as may be designated by the Speaker.
Sec. 3. House Resolution 1489 is laid on the table.
The SPEAKER pro tempore. The gentleman from New York is recognized
for 1 hour.
Mr. ARCURI. Mr. Speaker, for purposes of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Sessions). All
time yielded during consideration of this rule is for debate only.
General Leave
Mr. ARCURI. I ask unanimous consent that all Members have 5
legislative days in which to revise and extend their remarks and insert
extraneous materials into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. ARCURI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, House Resolution 1501 provides for consideration of H.R.
7060, the Renewable Energy and Job Creation Tax Act. The rule provides
1 hour of debate equally divided and controlled by the chairman and
ranking minority member of the Committee on Ways and Means.
Mr. Speaker, I rise today in support of this rule because American
families and small businesses need tax relief now more than ever. This
rule will allow us to bring legislation to the House floor later today
that will not only strengthen our economy by directing tax relief to
middle class families and creating jobs at small businesses, but also
help to bring the country into a new future of alternative energy not
dependent on foreign energy and foreign fuel.
Since being elected to Congress, I have voted along with this body to
cut taxes for middle class families and small businesses on at least 14
occasions. In doing so, this Congress has upheld its pledge to the
American people. And I have kept my promise I made to my constituents
to provide much-needed tax relief and incentive for economic growth.
I know that there are many families and businesses in my district
that are struggling in the current economic crisis. With talk of a $700
billion plan to bail out Wall Street, we cannot, in good conscience,
fail to take action to help so many families facing the ever-escalating
costs of gasoline and home heating oil into this winter. This
legislation we will consider provides tax relief and incentives to
those who need them most at a fraction of the cost for bailing out the
financial industry.
Mr. Speaker, this Congress has shown a strong commitment to the pay-
as-you-go rule adopted last January. I applaud my Blue Dog Coalition
colleagues for their outspoken leadership on PAYGO. When I explain to
folks back home what PAYGO is, they always ask the same question. I
ask, you have to balance the books each month, right? Why shouldn't the
government do the same? And they all get it. My constituents get it.
And the American people get it. Mr. Speaker, unfortunately, there are
still some Members of Congress who are steadfastly against the idea of
being fiscally responsible in balancing the Federal books in the same
way our constituents balance their checkbooks. But it appears that even
our colleagues in the Senate are beginning to come around. The
legislation we will consider later today is proof that you can provide
tax relief in a fiscally responsible way.
The legislation this rule provides for consideration of will extend a
number of critical tax relief measures targeted at middle class
families and small businesses to improve the quality of life and
strengthen our economy. During these tight economic times, it is also
absolutely critical that we pass legislation to invest in jobs for
today and long-term development for tomorrow, including jobs in the
alternative energy sector like wind and biomass that will reduce our
Nation's dependence on foreign oil and bring the price of gasoline and
heating oil to levels that families and businesses can afford.
I am a realist. I understand that we can't bring back the millions of
manufacturing jobs, including thousands in my own congressional
district, which have been moved overseas. However, we can look to the
future, a future of our Nation's economy that is green, and re-create
jobs that we once lost. It is absolutely essential that we leverage
every possible option, whether it is through tax credits, investment
through research and development, or education to advance alternative
and renewable energy development.
Mr. Speaker, tax credits for alternative energy production have the
power to truly jump-start our economy
[[Page 21807]]
and create good-paying, highly skilled jobs that cannot be outsourced
overseas, the type of jump-start, Mr. Speaker, which is already
happening in my upstate New York district with the creation of new
green collar jobs. In the last 2 years, I have spoken numerous times
throughout the debate over extending these renewable energy tax credits
about the new businesses in my district that are utilizing the national
investment in alternative energy to create good-paying jobs in upstate
New York. Those businesses are to be commended. That is why I'm proud
to support the approximately $15 billion in long-term, clean renewable
energy tax incentives and investments included in this legislation
which we will vote for later today.
{time} 1400
I hope that by doing so, it will encourage other companies to follow
suit, both in my region and across the Nation.
The underlying legislation extends and modifies critical tax credits
for production of electricity from renewable sources, ranging from
wind, solar and geothermal energy to closed loop and open loop biomass.
Specifically, the legislation includes extension of clean, renewable
energy bonds, efficient commercial building tax incentives, investment
tax credits for solar and fuel cell systems, tax credits for energy
efficiency upgrades to existing homes, tax credits for production of
efficient home appliances, and tax incentives for consumer purchase of
energy efficient products.
Most of these incentives either expired at the end of the last year
or are set to expire at the end of this year. It is vitally important
to sustaining the development of clean energy technology industries,
which will lead to the creation of new jobs, that these tax credit
incentives are extended.
The legislation also includes an extension of the Research and
Development Tax Credit that allows companies to claim credit for a
portion of their R&D expenditures. Extending the R&D credit is vital to
ensuring that America remains on the cutting edge of innovation that
keeps our domestic companies competitive. This credit is of particular
interest in the area of New York that I represent, because its
extension will further the expansion of microchip fabrication and
nanotechnology industries which are beginning to blossom in upstate New
York.
American companies rely on this credit and upon its continuing to
adequately plan for their long-term research projects. I support this
2-year retroactive extension to provide that continuing extension, and
I will continue to work for a much-needed permanent extension that
would eliminate concerns over expirations or lapses.
The legislation also extends and expands and creates important tax
credits for individuals.
Supporting this rule and the tax relief legislation we will consider
later today is simply common sense. We can provide tax relief and
incentives to the middle class, spur innovation, create tens of
thousands of new jobs, reduce our dependence on oil from hostile
nations and reduce greenhouse gas. We can do all of this in a fiscally
responsible manner.
Mr. Speaker, I urge my colleagues on both sides of the aisle to
support this rule and the underlying legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SESSIONS. I want to thank the gentleman, my friend from New York,
for yielding the time.
Mr. Speaker, I rise in opposition to this new record-breaking 64th
closed rule being offered by this Democrat-led Congress, the most open,
honest and ethical Congress in the history, proclaimed by our Speaker,
Nancy Pelosi. But we have this new record-breaking 64th closed rule, so
it makes me kind of wonder which conference she was really in reference
to.
Mr. Speaker, I oppose this underlying legislation also. Just in the
last 24 hours, Senate Democrat Majority Leader Harry Reid referred to
the introduction of this bill as the ability to ``snatch defeat from
the jaws of victory,'' because it guts a carefully negotiated and
bipartisan compromise reached in the Senate. So what the Senate has
worked very closely and clearly on and passed the bill, this Speaker
decided we are not going to do it that way. In the waning days of this
session, we are not going to play ball with our colleagues in the
Senate. So what it does is it leaves many of the deal's most important
provisions in limbo, rather than addressing them responsibly today.
Two evenings ago, the Senate passed a comprehensive tax extenders
package by an overwhelming and bipartisan vote of 92-3. This
legislation included an $18 billion fully offset energy tax policy
proposal, as well as a partially offset tax relief package, including
an AMT patch to prevent middle class families from being hit with an
unprecedented and unintended tax bill, along with important extensions
of current tax policy, disaster-related tax provisions for the victims
of the Midwest floods and Hurricane Ike, and for mental health parity
legislation.
Understanding the delicate balance in that Chamber, Democrat Majority
Leader Harry Reid 2 days ago begged Speaker Pelosi not to send the
Senate back a different bill, because it won't pass, and that if the
House messes, and I quote, ``messes with the package, it will die.''
Today, news reports have surfaced that he is ``furious'' that House
Democrats refuse to accept his bipartisan deal and has retaliated with
procedural tactics intended to delay the House from continuing along
the House Democrat leadership's preferred course of action.
But rather than heeding these dire warnings from their own
leadership, from the Senate leadership of their own party, this House
Democrat leadership has decided to chop up this legislation into
pieces, making substantive and negative changes to many of them, and to
engage in a game of legislative chicken with the Senate, rather than
doing the responsible thing and making sure that important measures
like, we will just name one, like helping the victims of natural
disaster, or, as we have heard, tax relief for middle class families
who are at risk of being unintentionally caught by a tax created for
the super-wealthy, and fairness for our own Nation's rural schools.
Each of these passed. They passed in the Senate bill, and we could do
it here today.
I am disappointed, Mr. Speaker, that this Democrat majority thinks
that scoring some sort of political points on the eve of an election is
more important than passing these measures. But, unfortunately, this
kind of political gamesmanship has come up all too often in what
Speaker Pelosi once again, and we reiterate, promised would be the most
open, honest and ethical Congress in history.
Included in this House Democrat package are a number of energy tax
incentives for energy efficiency and conservation, which, along with
the upcoming October expiration on the ban of drilling for American
energy, will go a long way to fulfilling House Republicans' long-term
commitment to an all-of-the-above strategy, which helps America achieve
energy independence.
Also included in this legislation are important tax provisions for
American families trying to make ends meet and for American business
trying to create jobs here in America and to be competitive with
companies around the world. These include measures like the Research
and Development Tax Credit, the State and local sales tax deduction,
and the deduction for out-of-pocket expenses for teachers. This is
particularly important for families, schools and businesses in my home
State of Texas, and I strongly support their inclusion in this
legislation.
I do not support, however, the inclusion of measures to permanently
raise taxes on the American economy during an economic crisis to simply
extend these current job-creating tax policies. Tax increases are never
the way to solve a soft economy.
I ask all of my colleagues to vote with me to defeat this rule so
that the House can end this political charade and cover a vote for its
vulnerable Members, and take up the better Senate option to provide
American families and businesses with tax relief they deserve.
[[Page 21808]]
Mr. Speaker, I reserve the balance of my time.
Mr. ARCURI. Mr. Speaker, contrary to what my friend says, Democrats
are not trying to make any political points here. In fact, it is just
the contrary. We are trying to get something done here.
I certainly understand that Senator Reid has some considerations that
he has to make in the Senate, but we have some considerations here in
the House, and one of them is something that is very important to me,
and that is paying for these provisions that we do, something important
to the Blue Dog Coalition here and something important to Congress. We
need to pay for it, and that is what this bill is doing. It is paying
for it, and it is very important.
I would now like to yield 2 minutes to the gentleman from Washington
(Mr. Inslee).
Mr. INSLEE. Mr. Speaker, I would like to address the importance of
this bill, the American job creation bill, and how this bill relates to
another bill we are working on. By doing that, I just want to share
something I saw in Colorado about 3 weeks ago.
I was in Golden, Colorado, at the National Renewable Energy Lab. At
that National Renewable Energy Lab I saw a functioning system of
powering our cars with solar energy.
It was a photovoltaic cell about 400 square feet mounted on a little
pod that basically would run two cars, two electric plug-in cars for a
day, just by charging them for about 6 to 8 hours. So you plug them in,
they run 40 miles on all electricity, and then they could go another
250 miles on gasoline. Basically what it showed was a vision for this
country using home-grown solar power and home-grown electric cars.
This bill is absolutely imperative to make sure that we get that
solar energy located in the United States. So these industries like
Ausra Solar Thermal Power, like Nanosolar in Palo Alto with
photovoltaic power, so we keep building those businesses right here in
the United States. And the renewable tax credits are imperative in this
bill.
But I want to point out how this dovetails with another bill that is
under consideration today in the House, and that is a bill we will have
to try to stimulate job creation.
It very important in those plug-in cars that we have that we
manufacture in this country the batteries that are going to run our
electric cars. When we have plug-in electric cars and fully electric
cars, the batteries will represent 50 percent of the value of those
cars, and we cannot allow those jobs to go to China and Korea.
Unfortunately, right now the plans are to make the car bodies here, but
make the batteries in China and Korea. That is a sure loss of tens of
thousands of jobs.
So we are working on another bill here today parallel to this one
that would create a loan guarantee program to ensure that those battery
production jobs stay in America. I am hopeful that we get these
renewable energy tax credits extended, and I think it is imperative
that we move forward to save the battery industry in this country.
Mr. SESSIONS. Mr. Speaker, it sounds like our friends on the
Democratic side are talking off talking points of the Republican Party
today, cutting taxes, keeping jobs in America, expanding our economy.
We can sure use a little bit of this. It goes a long way. We ought to
make it permanent, but we shouldn't do it with a tax increase attached
to it.
Mr. Speaker, at this time I would like to yield 5 minutes to my
friend, the gentleman from Washington (Mr. Hastings).
Mr. HASTINGS of Washington. I want to thank my friend from Texas for
yielding.
Mr. Speaker, let me talk about the broad bill and speak as to how
important that bill is. I think it is vitally important to extend these
tax extenders. Frankly, I think these tax extenders that we have here
ought to be made permanent, but maybe we will have a debate on that at
a future time.
It is especially important to my State of Washington, because it
allows for the sales tax deduction of State sales tax from my Federal
income tax obligation, because Washington State, along with six or
seven other states, doesn't have an income tax, and this is simply a
fairness issue.
So this is a very important bill, very broadly, but it is not a
complete bill. This bill in its current form will not pass the Senate
and therefore will not become law.
Why is that, Mr. Speaker? The reason why is because it leaves out a
very, very important provision, a provision that the Senate put in
there, and I don't always like to congratulate the Senate, but in this
case, in their wisdom, to take care of a problem that faces rural
America, especially, and especially rural America that has a lot of
Federal lands, and that is the Secure Rural Schools Act. It extends it
for 4 years.
What is this act? This act is simply an act to recognize that Federal
policies in the past, i.e. policies that don't allow some communities
to log their Federal lands and get the revenue from that, puts a big
hurt on local government and school districts. The Secure Rural Schools
Act is designed to mitigate that because of Federal policy.
Now, what I can't understand about this is this has broad bipartisan
support. It has had support a number of times. And, here we are,
winding our way down in this Congress, and you would think that the
broad bipartisanship of this would recognize that the Senate passed
this bill 93-2 and that they say I think this has a pretty good chance
of becoming law. But, no, earlier this morning I offered an amendment
to the rule to allow me to simply bring up the opportunity to vote up
or down on this issue, and it was defeated on a partisan vote.
Mr. Speaker, this issue is very, very important. I have in front of
me here, Mr. Speaker, and I will include it for the Record, a letter
from the National Forest Counties and Schools Coalition.
{time} 1415
The essence of this--and it is dated today--a letter to Speaker
Pelosi to include this provision in the Tax Extenders Act.
Well, it is in the act. It is in the act that passed the Senate.
Now maybe there are politics being played with this. I know that we
are in a political arena here, sometimes that happens, but I think the
Speaker of the House, who comes from urban San Francisco, doesn't
understand rural America.
I would suggest that probably the chairman of the Ways and Means
Committee, who comes from urban New York City, doesn't understand the
needs of rural America. I can only think that's the reason it wasn't
included in something that has broad bipartisan support.
I think that we should defeat this rule, and I think what we need to
do at the end of the day is to pass the Senate bill, because we know
the President will sign it. He has sent a letter to every Member of the
House saying that he would sign that bill.
I don't like to concede everything to the Senate. There are a lot of
times I disagree with what they are saying.
But I think we need to take into account what the majority leader has
said. I think we need to take into account what was said by the senior
Senator from Oregon. By the way, Oregon is one of these States that are
heavily hit, impacted by the lack of rural school language in this
bill.
Senator Wyden said, after passage of the Senate bill, and I quote,
``Now it's up to the House and the President to do the right thing, or
thousands of critical employees in hundreds of communities across
Oregon could face a very difficult winter.''
Well, I have got to tell you, the President is on board. He doesn't
have to say the President would do the right thing, the President said
he would sign this bill. It's up to the House.
The way to accomplish that is to defeat this rule so we can take up
the Senate bill and concur with them, send it to the President's desk,
and it will become law.
National Forest Counties and
Schools Coalition,
Red Bluff, CA, September 25, 2008.
Hon. Nancy Pelosi,
Speaker, House of Representatives,
Washington, DC.
Dear Speaker Pelosi: We are writing this letter to ask that
you please include four
[[Page 21809]]
years of funding for Secure Rural Schools and PILT in the
final version of the Tax Extenders Act of 2008. As you are
aware this legislation is crucial to school children and
teachers across the nation, and the continuation of vital
county services. The Administration ``supports prompt
passage'' of H.R. 6049, and has not threatened to veto that
legislation if it includes funding for Secure Rural Schools
and PILT.
We would very much appreciate your leadership on this
issue. You have an opportunity to ensure that school children
are afforded the opportunity for a quality education. We look
forward to working with you, and other members of Congress,
to include this funding package in the final legislation.
Thank you for all your efforts on our behalf.
Sincerely,
Robert E. Douglas,
Executive Director.
Mr. RANGEL. Will the gentleman yield?
Mr. HASTINGS of Washington. I will be happy to yield to my friend.
Mr. RANGEL. I don't think there is anything that you have said in
support of rural schools that I do not believe in and that I am not
willing to support.
I just want to make it abundantly clear that the issue that has
caused this logjam with the Senate has nothing to do with the causes
that you advocate and I support. There is only one issue that has not
brought us here, and that is the issue of whether or not we pay for the
extenders or don't pay for the extenders.
It seems like an issue, when we are asked to come up with $700
billion, that should not really concern us that much. But the truth of
the matter is, they have sent the bill over here.
The SPEAKER pro tempore (Mr. Ross). The time of the gentleman from
Washington has expired.
Mr. ARCURI. Mr. Speaker, I yield such time as he may consume to the
chairman of the Ways and Means Committee, the gentleman from New York
(Mr. Rangel).
Mr. RANGEL. The only real big issue is that they have sent over a 2-
year extension, but it's paid for only 1 year. The position that has
been taken by the majority in the House is that instead of 2 years, we
are prepared to accept the extender package, as is, except that we will
reduce it to 1 year so there would be no years unpaid for, or, in the
alternative, and I spoke just yesterday with Senator Grassley, we are
prepared to pay for the 2 years.
There is a difference, they claim over there, and I have no reason to
disagree with them, that if we do anything on the House side, exercise
any prerogative in the payment of this, they cannot hold on to their 60
votes.
I want the gentleman to know that I only wish that rural schools
would be the only issue, because it could be resolved. It is not the
issue. It is only the issue that I stated with you, and I have shared
this with the chairman of the Senate Finance Committee, Senator Baucus,
and have shared it with our Speaker.
That is the issue that is holding up the passage. So we will send
another bill back over there.
Mr. HASTINGS of Washington. Will the gentleman yield?
Mr. RANGEL. Yes, I will.
Mr. HASTINGS of Washington. I appreciate the gentleman yielding.
Mr. Speaker, there are two points I want to make, and I know there
are Members on your side that have advocated paying for things.
Yesterday we had two tax bills on the floor, the AMT fix, that didn't
have a pay-for, and the disaster relief which didn't have a pay-for. So
we have made exceptions to that in the past.
This issue has been in front of us for some time. It is absolutely
critical to these communities involved.
Now I would suggest, in fact, when Mr. Blumenauer from Oregon was
upstairs in the Rules Committee this morning in your stead, he
suggested that rural schools probably shouldn't be on this bill,
particular bill, because it's a tax bill.
I will concede that that may be a logical course of action. But if
that is the case, it seemed to me there should have been another
vehicle, like an appropriation bill in the CR, and it wasn't on the CR.
We are running out of time, is what I am just suggesting to my friend.
Let me ask my friend, if this bill does not pass, is there any
likelihood whatsoever of the Senate bill that passed 93-2 being enacted
into law?
Mr. RANGEL. I am telling you that the issues that we have and
concerns with the credibility of funding tax decreases is one that
exists, but probably between our parties, and we have division in the
House. But we would like to believe that in the House of
Representatives that we initiate taxes and just sometimes, just
sometimes the other body has to yield to our requests.
Four times we sent it over, four times we tried to negotiate. Even
yesterday I was talking and trying to see whether we could work out
something.
There are times when the integrity of the House is important in order
to recognize that we have to get things done, but we have to also
maintain some principles. We are at that point now.
I don't know how long it's going to take, but I just came to the
floor, when I heard your eloquent argument, which hardly anyone can
dispute, to make it clear that if you are a Republican or a Democrat,
and you want to help, if you are in business, and you are concerned
about the extension of benefits that workers and companies need, if you
are concerned about the energy crisis, and you want to do something,
that we are going to keep sending packages. If we had someone as
eloquent as you on the other side saying let's get something done this
year, we wouldn't have this problem.
So when it gets down to it, who is going to yield? Well, we have,
again and again and again and again.
As proud as I am of being a Member of Congress and chairman of this
committee, it has to stop somewhere where the other body knows that
they are just one body of the Congress. They just can't say that they
can't get anything done.
But once they do come together, then it means that we don't have
anything to say about anything as to what gets in their package.
Mr. HASTINGS of Washington. Will the gentleman yield?
Mr. RANGEL. I yield.
Mr. HASTINGS of Washington. I appreciate the gentleman yielding. Far
be it from me to defend the actions of the other body. I am a Member of
this House and I am proud to be a Member of this House.
But we have to recognize this is a bicameral process. Sometimes we
have to recognize, as they have to recognize on some legislation that
we pass, where we don't move, and that's happened in the past.
This one is a 93-2. That is overwhelming, and it includes language,
as I mentioned on Secure Rural Schools, that is very, very important.
So I hope that the Senate bill passes. I would urge my colleagues to
defeat this rule, as I mentioned, and the underlying bill so we can
take that up, and I appreciate the gentleman yielding me the length of
time.
Mr. RANGEL. I appreciate the time that you have given me.
Mr. SESSIONS. Mr. Speaker, I appreciate the chairman, the gentleman
from New York, coming down and being on the floor. I really do respect
and appreciate that.
It's my hope that the gentleman from New York also heard, and I am
not claiming any insensitivity here at all, but I hope that he has
heard the story about these 41 States and these, in particular,
communities that had counted on and received this money for a long
time.
The actual impact, and I am going to yield in just a minute to the
gentleman from Oregon, who can more clearly enunciate, but the real
impact on 41 States, rural communities, that have forests in their
areas, is a real and genuine problem. I had an opportunity this year in
August to go out to Oregon and see firsthand.
I had an opportunity firsthand to meet with people who tried to
explain to me. They said, Congressman Sessions, please look at what we
are asking for and the need.
It is my hope, and I would like to know that the gentleman who is the
chairman of the Ways and Means Committee would be able to hear
firsthand.
And so at this time I would like to yield 5 minutes to the
distinguished gentleman from Oregon (Mr. Walden).
[[Page 21810]]
Mr. WALDEN of Oregon. Thank you to my colleague from Texas, and I
note the chairman, apparently, has had to leave the floor, but perhaps
he will be able to hear this somewhere wherever he is.
It is extraordinarily important to the States that are involved, to
the 4,400 school districts that are involved, the 600 rural counties
that are involved, this is the opportunity that is being lost. This
measure, when it came from the other body, passed by the other body,
had in it a 4-year reauthorization bipartisan of the Secure Rural
Schools and Community Self-Determination Act.
That funding is used to help school kids go to school in areas where
there is a high preponderance of Federal lands, timber lands. That
funding is being taken away. It helps pay for search and rescue, fire
and police. That funding is being taken away.
You see, I have got counties that up to 70 percent of their land mass
is off their tax rolls because it's Federal land. We have 11 national
forests in my district alone in the nearly 70,000 square miles of
Oregon that I represent.
The mills are closed because of change in policy and litigation. The
jobs are lost, the revenues have dried up. Now the Federal Government,
in effect, is breaching its nearly century-old commitment, century-old
commitment, to share revenues and help.
Now yesterday on this House floor the majority waived twice PAYGO
rules on two other tax provisions, waived them. They have waived them
before.
If they were going to bring a bill here that has pay-fors in it to
pay for the tax extensions, why did they rip out county payments and
not, instead, pay for them somehow and put that on the floor? It's a
choice they made.
Why didn't they allow us to have at least a vote on the floor on an
amendment and let the will of the House be worked, as they promised
they would do if they got control of this House, and now seem less
inclined to allow?
So there is no opportunity for my side of the aisle, the Republicans,
to even offer an amendment, to keep the Federal Government's commitment
for the last 100 years to these rural schools and counties and
sheriffs' departments, to do the search and rescue, to do the fire
work, to do everything they do, educate our kids, among other things.
It also denies us the opportunity to reauthorize titles II and III of
the Secure Rural Schools and Community Self-Determination Act, which
brings together in a collaborative process environmental organizations,
forestry and community leaders in all the States.
How can we be better stewards of the lands around us? How do we get
out and do the work that, A, produces jobs; B, makes our forests
healthier and safer and our communities safer?
That funding stream has dried up. There have been massive layoffs in
the local governments that I represent. We have counties in Oregon,
some of which are contemplating bankruptcy, bankruptcy, dissolve, go
away, turn themselves back to the States and the neighboring counties.
This is real serious stuff, and it has been going on a long time.
This is the opportunity before us. We asked the leadership in a
bipartisan way. Members of both parties sent letters to the leadership
saying can you give us another 1-year extension in the CR. They chose
not to, and that's their prerogative.
This is the vehicle that's come from the Senate, or at least the
vehicle that the Senate passed would have reauthorized and funded
county payments for the next 4 years in a phased-out process.
Now some have alleged in the press that it was dropped because the
President was going to veto this bill if it was in it. That's not what
the statement of administrative policy says, and I don't believe that's
what the chairman said or the leadership on the Democrat side of the
aisle said.
This isn't because the President said he would veto it, because he
didn't say he would veto it. He said he would sign it if the House
would take it up. So this could become law. This could become law. This
could be passed, this could become law. We could get back on track in
600 rural counties and 4,400 school districts in 42 States and be the
partner we should be.
We do a lot of things in this Congress for this, our Nation's city.
That's right, because there is a huge Federal footprint and presence
here, so we do a lot of things to help the residents of Washington, DC.
I believe the figure is 26 percent of the land mass of Washington, DC
is Federal. And the rest is private.
You get out in the west and upwards of half of our States in some
cases, and sometimes more, is Federal ground. When there is a fire in
the forest, which we have had, again, another record season of fire-
fighting costs and loss of life and loss of habitat and forests, it is
the local sheriff's department. It is the local community that is
affected.
{time} 1430
In southern Oregon this year in the Rogue Valley, for nearly a month
the air quality was about as bad as you can get because of the fires in
northern California choking the air shed. There is so much work we need
to do out in our forests.
The SPEAKER pro tempore. The gentleman's time has expired.
Mr. SESSIONS. I yield the gentleman an additional 3 minutes.
Mr. WALDEN of Oregon. In the Winema-Fremont National Forest, there is
more than 500,000 acres of Federal and private land that is ready to go
up in smoke. It is disease-ridden. There is beetle kill. And because of
the way that the budget is structured and this Congress' refusal--we
did it in the House but the Senate hasn't taken it up, a bill to create
a separate fire category for the Forest Service, they have had to take
$1 million out of that one forest alone to pay for current fire-
fighting costs elsewhere, which means the money is not available to go
in and do the thinning and remove the dying trees and open up the
stands and deal with the beetle kill. They have had to put all of that,
or at least $1 million of it, on hold which just means that the problem
gets worse faster. So when it ignites, and it will, folks, you will
have half-a-million acres in the northwest, in the Winema-Fremont
National Forest, go up in smoke.
Now this legislation, if we can get an amendment, and if you vote
down the previous question, I will offer a 4-year extension as the
alternative. So you will have a chance to vote. If you are for county
payments, vote ``no'' on the previous question.
If that fails, then our motion to recommit will be the full Senate
bill that has the 4-year extension with county payments in it.
So this is where the rubber hits the road. This is where you have an
opportunity to be for county payments, for your local schools, for the
sheriff service, for search and rescue. For all the things, the
collaborative approaches to forest management that this legislation in
the past has helped provide.
Unless you think that this is a partisan issue, it never was and
should never be, because it was enacted in a Republican Congress with a
Democrat President, and it has been hailed as a marvelous success on
the ground, and it has been a wonderful partnership until it was
allowed to expire. Today we need to reauthorize it. Today we need to be
given at least the opportunity to vote on it. What is wrong in a
democratic institution, the finest on the planet, of offering us at
least an opportunity to vote? You have the votes if you want to kill
it. You outnumber us on rules more than 2-to-1. There are ways to do
this. It doesn't have to be this way.
Mr. ARCURI. Mr. Speaker, I yield to the distinguished majority
leader, the gentleman from Maryland, 1 minute.
Mr. HOYER. I thank the gentleman for yielding.
I rise in strong support of this rule and strong support of this
bill.
I want to say to my friend, I am mindful of the issue he raises. I
think that ought to be addressed and I certainly will look forward to
working with him and others in addressing this as we move along; and
before, hopefully, we leave here because he makes a good point.
[[Page 21811]]
I support this bill for two reasons. First, because it provides
essential tax relief to American families and businesses. And secondly,
just as importantly, because it is paid for.
The tax credits extended by this bill, some of the most necessary,
are those that support renewable energy and energy efficiency. Business
and political leaders agree. This summer, 51 State governors sent us a
letter which read in part: ``Extending tax incentives for energy
efficiency and conservation will slow the growth of future energy
needs, minimize ratepayers' costs, and lessen potential environmental
impacts.''
New energy technologies may not end the pain of $4 a gallon gas in
the short term, but those technologies which this bill helps to support
are the only long-term solutions to our energy crunch. In the meantime,
alternative energy tax credits will create tens of thousands of
American jobs. We must pass this legislation.
Now, I was proud of the fact that the House passed a bill expanding
domestic production of oil just this month. But a country that controls
less than 3 percent of the world's oil supply, while using more than a
quarter, cannot drill its way out of the fundamental problem. Boone
Pickens has made that very clear to all of us.
That is why I am glad to see the House consider farsighted
legislation like this. But I don't just support the goals of this bill,
I support it because its tax credits are not financed by even more
debt. We are going to incur a lot of debt, we are going to incur a lot
of debt in this week. We did so yesterday. Almost all of the Members of
this House voted to so-called fix the alternative minimum tax. I voted
against that. I voted against it because it wasn't paid for.
The means used to pay for this legislation are not controversial.
They include a provision to close a loophole that allows hedge fund
managers and other high-income corporate executives to defer taxes
through offshore tax havens. What does that mean, the rest of us pay
more.
A large majority of the business community agrees that we should
close that loophole. So do majorities in the House and Senate. Only a
Republican minority in the Senate, frankly, is putting high-income tax
loopholes above fiscal sanity. They are insisting, instead, that we pay
for this bill with borrowed money.
I understand that bind, the bind that presents for principled Senate
Democrats. But fiscal responsibility is not something we can compromise
on, especially now. We have a crisis. This economy is in the worse
shape it has been in half a century, notwithstanding the protestations
that were made in 2001 and 2002 and 2003 and 2004 and 2005 and 2006
about how good this economy was, and the fact that the tax and economic
policies being pursued by this administration were making our economy
grow and expand and create jobs. The fact of the matter is, we have
lost jobs this year; 500,000 jobs. Bill Clinton in the same period of
time in his administration created 1.4 million new jobs. That is a net
turnaround of 2 million jobs.
But fiscal responsibility is not something that we can compromise on,
especially now. In crisis, we need to act. But in time of financial
crisis brought on, in part, by massive fiscal irresponsibility and
regulatory neglect, Mr. Speaker, no matter how much we value this
extenders bill, it is simply wrong to pay for it by once more whipping
out the national credit card. We don't need to do that. We have not
done it, and I hope my colleagues on both sides of the aisle will
support this bill. They support the policies. All we are asking is to
pay for it, and the pay-fors in this bill are not controversial. That
is the kind of thinking that swung the Clinton surplus deep into record
debt under President Bush and led to more foreign borrowing by this
administration than by the first 42 administrations combined. In other
words, we have had to borrow more money from foreign governments during
the last 90 months than we borrowed in the previous 219 years.
We helped to create a crisis of confidence in our financial system
which we are being asked to pay for, dearly. Charging our children and
grandchildren for our priorities is deeply unwise, and I would suggest
immoral.
This year, Senator Bob Corker, a Republican, was one of the few
Republicans to bravely break with his party and insist that this bill
be paid for. He said, and I call my Republican colleagues' attention to
what Bob Corker had to say: ``It is the first time in a long time I
thought we had something that was intellectually honest,'' and that is
paying for this bill. ``And I have to tell you, my big fear is our
tremendous lack of fiscal discipline.'' So said Bob Corker, Republican
from Tennessee, when calling upon his body to pay for this bill.
That fear of more debt is entirely reasonable. I am glad more and
more Members of Congress are coming to share it.
I urge my colleagues on both sides of the aisle, not because they are
Republicans or Democrats, but because they love our country, they want
to see our fiscal ship of state righted, realizing we are in a crisis
time, and they have an opportunity to act in a fiscally responsible way
today. Take that opportunity. Show America that we have the courage to
pay for what we buy while at the same time giving tax relief to people
who need it, to businesses who will expand and create jobs, and to an
energy independence that is so critical for our Nation.
Mr. SESSIONS. Mr. Speaker, I appreciate the gentleman, my friend, the
majority leader of the House, for coming down and being on the floor. I
would, if I can, not take his words but to take his feelings and
understandings in the way I accept this, as well as the gentleman from
Oregon, that the majority leader has indicated that he will try before
this session is over to address this issue. It is my hope that the
majority leader, and so that we don't engage in talking past each
other, would not do what happened on July 30 when the gentleman, the
chairman of the Agriculture Committee said in a colloquy that he would
also work with another Member of the Republican team before the bill
came back on an amendment. That never happened.
It is my hope, without calling anyone's bluff around here, to take
the gentleman's words that I believe he very sincerely stated, that he
would initiate the opportunity to find a place in the budget, I'm
sorry, in an appropriation bill, to get passed by the House of
Representatives and the Senate because that's what we are talking
about. We are talking about a bill today that could have passed because
the President would sign it and the Senate would agree to it. So I have
taken it that way.
Now, the gentleman from Maryland also indicated that he saw nothing
controversial in this bill, but extending future taxes for 1 year, this
provision is going to cost employers $1.474 billion. That is a tax
increase. That means it makes it more difficult for employers to hire
employees. It sounds like the same type of arrangement that some of our
other States have done, up to and including the State of Illinois that
raised taxes just like this which puts Illinois where they are 48 out
of 50 in job creation. It places States in a position and employers in
the position where they lay off employees. So there is a controversial
piece in this package that I am disappointed is in there as a permanent
tax increase.
Mr. Speaker, at this time I would like to yield 2 minutes to the
gentleman from California (Mr. Doolittle).
Mr. DOOLITTLE. Mr. Speaker, I am very pleased to have heard the
tremendous support for our rural schools throughout America. I am
bringing this up because the Senate tax extenders package has funding
for rural schools in it. We have gone for the entire year without
addressing this problem. Our layoff notices have gone out in California
already. I have one county, Plumas County, where they will be laying
off a majority of their administrators, nearly one-third of their
teachers, they will be closing all school libraries and closing some,
if not all, of the school cafeterias. This is a problem that cries out
for action.
[[Page 21812]]
I was very happy to hear the chairman of the Ways and Means
Committee, as reported to me, that he indicated that he did not have a
problem with this. I personally spoke with the President of the United
States who understands the problem of our rural schools and is willing
to support it. We just can't get the House of Representatives to keep
it in the bill when it comes to the floor.
Mr. Speaker, representing the 4,400 schools that qualify for this
aid, and the 780 counties in this country where the schools are
located, I implore you, we must act to save our rural communities. They
are entitled to be included in this bill and to get the funding that
they deserve. It is unconscionable that we keep going with bills
through this Congress and fail to address this issue.
So please, let's work together on a bipartisan basis and a bicameral
basis and take care of our rural communities starting with the Secure
Rural Schools and Self-Determination Act for our communities.
Mr. ARCURI. Mr. Speaker, I yield 4 minutes to the gentleman from
Oregon (Mr. Blumenauer), a member of the Ways and Means Committee.
Mr. BLUMENAUER. I appreciate the gentleman yielding me this time to
speak on this, and his leadership in bringing this measure to the
floor.
This is an important element to bring together to finally wrap up and
end a game of political ping-pong. We have passed four times through
the House of Representatives these critical energy provisions, along
with the tax extenders.
We have a proposal before us today that is something that our friends
on the other side of the Capitol ought to be able to accept. It meets
all of the needs of things that we all agree should be part of this
legislation, and it is paid for by using provisions all of which have
already passed the other body. These are not controversial. These are
things on which there is agreement.
We can meld these together and be able to have the provisions that
are so critical for research and development, for solar, for wind.
There are others obviously that deal with important parts of our
economy and items that relate to individual families in terms of tax
extenders.
{time} 1445
There is something in this legislation for virtually everybody on the
floor of the House, for the people that we represent, and in terms that
do not have to be controversial. Indeed, our chairman of Ways and Means
took out a provision that is near and dear to his heart, a proposal
that was a recommendation from the President of the United States, to
keep the American commitment at Ground Zero; not that it's not
important, but it's not there in order to make this a clean tax bill
and to minimize controversy.
There have been some concerns about the rural schools provision. I
come from the State of Oregon. I have been here working in a bipartisan
basis, to atone for what the last Republican-controlled Congress did,
where they allowed this provision to expire. The Republicans chose not
to renew it, so we started from scratch. We had to scramble to find a
budget home.
I see my colleague, Peter DeFazio from Oregon here, who's been a
champion trying at every turn to move this forward. And we've actually
got it through in several provisions through the House of
Representatives.
It's ironic that there are some who would come to the floor, and
sadly, as we heard them, attack the Speaker, the Rules Committee Chair
in the past and others who are trying to help us and whose leadership
is critical.
I've talked to the majority leader a few minutes ago. You just heard
his words on the floor as he told me privately that he would continue
to work with us. We're not done yet. Let's look for a provision in
which we could get help for rural school. The best way to do it is to
take people at their word, yes, try and work with them, and yes, not to
insult the people who we're relying on to help us guide it through. I
would hope we are people of goodwill.
The rural schools funding is not a tax provision and not germane. I
hope we can find an opportunity in an economic stimulus bill or
something else, that is appropriate. I want to deal with the problem at
Ground Zero.
But let's not muddy the waters on this bill. Let's not vote against
the rule. Let's not disparage people whose help we need at a time when
there are all sorts of things going on here and we're going to need to
work together cooperatively.
Mr. RANGEL. Will the gentleman yield?
Mr. BLUMENAUER. I would be honored to.
Mr. RANGEL. Let me try to clear up some things. It's insulting to
believe that because I come from the City of New York that I don't
understand the problems of education in rural areas. In this great
country it's so important that all of our kids have----
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. ARCURI. I yield an additional 2 minutes.
Mr. BLUMENAUER. And I continue to yield.
Mr. RANGEL. Thank you so much, a distinguished member of our
committee, and I've heard your eloquent plea on behalf of education for
our rural children. And whether they're in inner cities or rural areas,
in order for this country to be productive, in order for this country
to make certain that we can compete, we've got to improve the quality
of education.
Now, people are talking about the other body's bill as though we have
it. They're holding up that bill at the desk. They won't bring that
bill over here. All we're trying to do is to say, don't hold back the
incentives that we have for businesses to continue what they're doing
in order to get energy.
Now, I can give some assurances too. We have to think, not as
Democrats and Republicans, but we have to think about having the House
of Representatives respected, and to believe that in the House of
Representatives, the people govern.
And I can assure you, if we can break down that gridlock as relates
to who's going to be responsible and pay for these incentives, I have
no problems, even though that bill does not have jurisdiction in my
committee, as the chairman in accepting that, because I know how
important it is.
But if you weaken us, they come over here, and you believe that
they're right because they have 90 votes? Well, God knows that we can
work out something with Republicans and have our way on everything as
long as we say you're going to get what you want. That's not the way we
think that we should legislate.
You have a good issue. We accept the issue. We can work with the
issue. And we can do it in the other body's bill. That other body's
bill has not been sent over here, for political purposes, in order to
believe that at the last minute there's going to be a cave-in.
Mr. BLUMENAUER. I want to thank the chairman for his expression of
support. I just would conclude by saying that we want to make sure that
this bill goes forward for the things the American people need, and we
can work on the long term for these other solutions. And I appreciate
the gentleman's clarification----
Mr. RANGEL. We can do it in this bill.
Mr. BLUMENAUER. And your leadership.
Mr. SESSIONS. Mr. Speaker, the gentleman from New York has hit upon a
great idea, which means we can do this today, which means, if the
previous question is defeated, we can just add the gentleman, Mr.
Walden's amendment right to the bill. We can get it accepted. There's
no need to go back to committee. It'll just be accepted as it is.
We've heard lots of people from the majority, including the majority
leader, the gentleman from New York, who does care about schools. He
cares about education. But today we can resolve this.
You see, what happened is I was just upstairs, Mr. Speaker, at the
Rules Committee, and we lost 9-4 on a party-line vote. We tried the
process. Republicans respectfully came and tried. Evidently we're
making progress today. That makes me happy.
[[Page 21813]]
So the gentleman can, with respect, whatever his words may be, will
have a chance today. We're not going to send anything back to the
committee. We'll just add the amendment to the bill once the previous
question is defeated.
Mr. RANGEL. Will the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman.
Mr. RANGEL. I want to give you as much assurance as to what can be
done and what can't be done. It may sound good to say that you can add
it to the bill. Just because it has no germaneness in the Senate does
not prevent me, in conference, from accepting it. But I can't help to
make your amendment germane on a bill that has nothing to do with rural
education, no matter how deep the commitment.
All I can promise you, if we showed the solidarity in sending our
bill over there as they clearly have in sending their bill over here, I
can assure you in conference, if it's in their bill I will be able to
support it. But the question of having an amendment when it's not
germane is something that we can't win on.
Mr. SESSIONS. Reclaiming my time, I would like to ask the gentleman.
It's my understanding that this was a conference report.
Mr. RANGEL. We have never, never, never, been able to go into
conference. We've ended conferences with the other body. They make up
their mind what they want to do and they come and tell me, and then
around the edges we get some agreement.
Mr. SESSIONS. Well, I thank the gentleman. Reclaiming my time, you
know, we could sit here and ping-pong back between you and me too. I'm
trying to say that the gentleman, Mr. Walden, has respectfully brought
the issue for over 2 years.
We were upstairs yesterday in the Rules Committee. The gentleman from
Pasco, Washington, Doc Hastings, politely asked. He served on the
committee 12 years. I've only served on it 10 years. We politely asked
if we could get it in. And now we're down being nice to each other on
the floor.
All I'm suggesting to you is we can go through our own parliamentary
procedure properly. We can get it included in and then we know that all
of our words did matter.
But without that, without that, the gentleman from Oregon is correct.
Otherwise, then it is only the Democrat leadership, the Speaker and the
Rules Committee who will be responsible for it not making it. The
committee had that opportunity yesterday. We're going to give every
single Member of this body the opportunity in just a few minutes. I'm
hopeful that people take us up on it.
Mr. Speaker, at this time I would like to yield 2 minutes to the
gentleman from Utah (Mr. Bishop).
Mr. BISHOP of Utah. Mr. Speaker, this is indeed a unique situation as
I rise to speak on something that I consider to be extremely
significant, and it seems as if it has almost bipartisan and bi-House
support for doing this at the same time.
We throw around a lot of numbers in this floor, and I think there's
only two that I would like to emphasize right now, 52 and 4. 52 and 4.
Because one of the situations that we have in this particular issue is
that if you live east of the Rocky Mountains, only 4 percent of all of
it is owned by the Federal Government; and 52 percent of those of us
who live west of it is owned by the Federal Government, which creates a
unique and significant problem.
Mr. Speaker, if I could, for a moment, I would like to yield to the
gentleman from Texas.
Mr. SESSIONS. Mr. Speaker, I'm going to ask unanimous consent to have
the text of the amendment and extraneous material inserted into the
Record prior to the vote on the previous question.
I'm going to offer and place forward this amendment to H. Res. 1501.
It will allow this body to be able to vote, when we defeat the previous
question, to add in the amendment directly to the bill.
I reserve the balance of my time.
The SPEAKER pro tempore. Without objection, it will be entered into
the Record.
There was no objection.
Mr. ARCURI. Mr. Speaker, I yield 3 minutes to the gentleman from
Wisconsin, a member of the Ways and Means Committee, Mr. Kind.
Mr. KIND. Mr. Speaker, I want to thank my good friend from New York
for yielding me the time and for his management of this important rule
and the important legislation that we're going to have a chance to
debate and consider in a short while.
But I also want to thank the chairman of the Ways and Means Committee
for his strong commitment to the rural school portion that's been
discussed on the floor here.
As someone who represents Western Wisconsin, with many rural schools,
I have the utmost confidence that we're going to find a way, working
with the Senate, whether it's in conference in the reconciliation that
will inevitably have to take place between this energy tax incentive
extender bill that we have before us and what they've moved earlier in
the week in order to get this provision done. It is important, across
the aisle, that we accomplish that.
But let's get back to the substance of what we have before us here,
which represents, I believe, an important step along the road to
developing a comprehensive energy plan that makes sense for our
country's future and our children's future because of the crucial
investment that it makes with the tax incentives to develop alternative
and renewable energy sources in this country.
Throughout the summer, and for too long, we have heard the chant from
the other side that the answer to our energy woes is ``drill, drill,
drill.'' But Thomas Friedman is correct in stating that it's comparable
to a group of citizens standing up on the eve of the information
technology revolution, screaming for more electric typewriters,
electric typewriters, electric typewriters, when our national chant
really should be, ``invent, invent, invent.'' It's the only way we're
going to see our way out of the energy box and crisis that we're facing
as a Nation and throughout the world. That's what this bill helps us to
accomplish, with tax incentives for the development of wind and solar,
fuel cell development, geothermal, electric hybrid technology, but also
the incentives to enhance conservation and an efficiency program, which
is another important aspect towards energy independence; extending the
credit for energy efficient improvements to existing homes, for
instance, energy efficient commercial buildings, energy efficient
appliance credits, accelerated depreciation for smart meters and smart
grid systems, qualified green building and sustainable design projects,
as well as the extension of the R&D tax credit, which will help spur
the investment in clean technology and clean energy sources.
The only real difficulty we have with this legislation is the fact
that the Democratic Party, since we took the majority, believes that we
need to start paying for things again. We have responsible offsets to
pay for this so we don't dig a hole deeper for our children to climb
out of. And when we adopted pay-as-you-go budgeting rules, we did it
not because we thought it was going to be fun or easy. We did it
because we thought it was the responsible thing to do, so that we don't
leave a legacy of debt to our children and grandchildren.
And the revenue offsets that we identify in this bill to pay for the
investment and build-out of renewable energy in this country, come from
the exorbitant tax breaks that big oil companies receive under their
bill at a time of record profits with oil companies sitting on huge
cash reserves. That's why this legislation is important, and I
encourage my colleagues to support it.
Mr. SESSIONS. Mr. Speaker, we will reserve our time.
{time} 1500
Mr. ARCURI. Mr. Speaker, I yield 1 minute to the gentlewoman from
Arizona (Ms. Giffords).
Ms. GIFFORDS. This week, Congress is grappling with grave economic
issues, issues that are facing our Nation's economy, and we're all
being called upon right now to ensure that America's financial
situation is secure.
[[Page 21814]]
But today we also have an opportunity to look beyond the present and
ensure that America's future is strong, and that's what this energy tax
bill is all about.
In particular, I want to call your attention to the solar tax
credits. Solar power is clean, it's domestic, it's renewable, it's
going to bring us closer to energy independence and provide us with
powerful economic benefits across our great Nation.
According to a recent study, an 8-year extension of the solar ITC
could lead to more than 440,000 jobs and attract $232 billion in
investment. Not only is that serious economic stimulus, it will foster
a cleaner, safer, and more sustainable world. But without the solar ITC
being signed into law this year, it will not happen.
We have to pass this bill. We must work with the Senate. We must work
with the White House.
Time is not on our side.
Mr. SESSIONS. We will reserve our time, Mr. Speaker.
Mr. ARCURI. Mr. Speaker, I yield 2 minutes to the gentleman from
Oregon (Mr. DeFazio).
Mr. DeFAZIO. No one's district, with perhaps the exception of the
other gentleman from Oregon, is impacted more than mine by the issue of
counties and schools. And no one has worked harder to try to get it
included. And actually it was said yesterday that we didn't have a vote
in the House on county schools. We did, actually, in May, and the
Republicans chose to side with Big Oil instead of with counties and
schools. I got 218 votes, but I needed a two-thirds majority to pass
it.
And it was also included in an energy package last year, a major
energy initiative sent by the House to the Senate which was
filibustered by 41 Republican Senators, again, over the issue of
protecting Big Oil.
So the record's pretty clear here. I appreciate the chairman of the
Ways and Means Committee saying he's going to work with us and try to
help us with this vehicle or other vehicles in the closing days of this
Congress to get this critical funding, and I take heart with that
because he's an honorable man.
We've got another problem, and it is downtown. It's called George
Bush. Here is the President's statement on county schools: ``Finally,
the administration opposes new, mandatory funding for payments in lieu
of taxes, and believes that any extension of rural community payments
should be phased out, as it has previously proposed. The administration
urges Congress to eliminate all such provisions from the final bill.''
All such provisions. That's the President's position.
If this President would lift one pinky, we would have county school
funding. He muscled $465 million in foreign aid into the continuing
resolution that passed the House yesterday because he wanted $365
million for Georgia, but he didn't ask for a penny for county schools
here in the United States of America. And by the way, that wasn't
Georgia the State, that's Georgia the country overseas; one of his
favorite places, I guess.
If we just had a little bit of help downtown, we could get this done.
And we're not done here yet. We're going to fight like heck in the next
2 days to get it.
Mr. SESSIONS. Mr. Speaker, we will reserve our time.
Mr. ARCURI. Mr. Speaker, I am prepared to close. I have no further
speakers.
I reserve my time.
Parliamentary Inquiry
Mr. SESSIONS. Mr. Speaker, it's my understanding that the bill that
we're debating now and that was passed by the Rules Committee is not
the package that is on the floor now, that there was a change that was
made upwards of $100 million, and that the Rules Committee, in fact,
met--and in my opinion should not have--and we passed a bill that's not
on the floor.
And I don't know--I'm looking for some clarification on this. I'm
saying that right now on the floor. This is not the same bill that is
presently on the floor that we passed in the Rules Committee.
And I'm asking for the Speaker to rule this bill out of order or to
tell me what we believe is the correct thing to do because we think
that there's been a huge mistake.
The SPEAKER pro tempore. Does the gentleman have a parliamentary
inquiry?
Mr. SESSIONS. I would say I have a point of parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary
inquiry.
Mr. SESSIONS. Mr. Speaker, what version of the bill do we presently
have on the floor, and was it the same that was passed by the Rules
Committee this morning?
The SPEAKER pro tempore. The Chair does not interpret a resolution
while it is pending.
The gentleman from New York is recognized.
Mr. ARCURI. I reserve the balance of my time.
Mr. SESSIONS. Then I would ask the gentleman from the Rules
Committee, and I would say directly to the gentleman, we do not believe
that the bill that is presently on the floor today was exactly the same
bill that was considered and passed in the Rules Committee and we are
asking for clarification. We believe there is at least a $100 million
difference.
Mr. ARCURI. As I understand it, the bill that is on the floor today
is the very same bill that was before the Rules Committee earlier
today.
Mr. SESSIONS. So you believe it is exactly the same bill that we
passed in the Rules Committee?
Mr. ARCURI. As I understand it, it is the same bill that we saw in
the Rules Committee. That's right.
Mr. SESSIONS. I was looking for a direct answer from the gentleman.
Mr. Speaker, we've made our point today that we're going to ask that
the gentleman, once the previous question is defeated, the gentleman
from Oregon will have a chance to not send the bill back to committee;
just to accept the amendment. And we have made our case on the floor
today. We asked for and received clarification about the bill.
I yield back the balance of my time.
Parliamentary Inquiry
Mr. DeFAZIO. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman from Oregon will state his
parliamentary inquiry.
Mr. DeFAZIO. The parliamentary inquiry would be if the previous
question, as the gentleman suggests, were defeated, under the rules of
the House and the germaneness, are all rules at that point waived and
this could be added to the bill, or would the germaneness rule apply
and would a point of order stand against it?
The SPEAKER pro tempore. If the previous question was defeated, the
rules of the House would continue to apply.
Mr. DeFAZIO. I guess that means it would not be in order; is that
correct?
The SPEAKER pro tempore. That would be a hypothetical question. The
Chair will not render an advisory opinion.
Mr. ARCURI. Mr. Speaker, supporting this rule and the tax relief
legislation we will consider later today is simply common sense. We can
provide tax relief and incentives to middle class families, spur
innovation, and creates tens of thousands of new jobs, reduce our
dependence on oil from hostile nations, reduce greenhouse gases, and we
can do it in a fiscally responsible way. That is to say, we can do it
without putting the price tag on our children and our grandchildren. We
can pay for it today.
I urge my colleagues to vote ``yes'' on the previous question and the
rule.
The material previously referred to by Mr. Sessions is as follows:
Amendment to H. Res. 1501 Offered by Rep. Sessions of Texas
Strike all after the resolved clause and insert the
following:
That upon the adoption of this resolution it shall he in
order to consider in the House the bill (H.R. 7060) to amend
the Internal Revenue Code of 1986 to provide incentives for
energy production and conservation, to extend certain
expiring provisions, to provide individual income tax relief,
and for other purposes. All points of order against
consideration of the bill are waived except those arising
under clause 10 of rule XXI.
[[Page 21815]]
The bill shall be considered as read. All points of order
against the bill are waived. The previous question shall be
considered as ordered on the bill, and any amendment there
to, to final passage without intervening motion except: (1)
one hour of debate equally divided and controlled by the
chairman and ranking minority member of the Committee on Ways
and Means; (2) the amendment relating to the reauthorization
of the Secure Rural Schools and Community Self-Determination
Act printed in section 4 of this resolution, if offered by
Representative Walden of Oregon or his designee, which shall
be in order without intervention of any point of order, shall
he considered as read, and shall be separately debatable for
one hour equally divided and controlled by the proponent and
and opponent; and (3) one motion to recommit with or without
instructions.
Sec. 2. During consideration of H.R. 7060 pursuant to this
resolution, notwithstanding the operation of the previous
question, the Chair may postpone further consideration of the
bill, to such time as may he designated by the Speaker.
Sec. 3. House Resolution 1489 is laid on the table.
Sec. 4. The amendment referred to in section 1 is as
follows:
At the end of the bill add the following new section:
SEC. 409. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Reauthorization of the Secure Rural Schools and
Community Self-Determination Act of 2000.--The Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 500 note; Public Law 106-393) is amended by striking
sections 1 through 403 and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Secure Rural Schools and
Community Self-Determination Act of 2000'.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to stabilize and transition payments to counties to
provide funding for schools and roads that supplements other
available funds;
``(2) to make additional investments in, and create
additional employment opportunities through, projects that--
``(A)(i) improve the maintenance of existing
infrastructure;
``(ii) implement stewardship objectives that enhance forest
ecosystems; and
``(iii) restore and improve land health and water quality;
``(B) enjoy broad-based support; and
``(C) have objectives that may include--
``(i) road, trail, and infrastructure maintenance or
obliteration;
``(ii) soil productivity improvement;
``(iii) improvements in forest ecosystem health;
``(iv) watershed restoration and maintenance;
``(v) the restoration, maintenance, and improvement of
wildlife and fish habitat;
``(vi) the control of noxious and exotic weeds; and
``(vii) the reestablishment of native species; and
``(3) to improve cooperative relationships among--
``(A) the people that use and care for Federal land; and
``(B) the agencies that manage the Federal land.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adjusted share.--The term `adjusted share' means the
number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (8)(A) for all eligible
counties.
``(2) Base share.--The term `base share' means the number
equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(A) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 25-
percent payments and safety net payments made to each
eligible State for each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (9)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(3) County payment.--The term `county payment' means the
payment for an eligible county calculated under section
101(b).
``(4) Eligible county.--The term `eligible county' means
any county that--
``(A) contains Federal land (as defined in paragraph (7));
and
``(B) elects to receive a share of the State payment or the
county payment under section 102(b).
``(5) Eligibility period.--The term `eligibility period'
means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a
State or territory of the United States that received a 25-
percent payment for 1 or more fiscal years of the eligibility
period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the
National Grasslands and land utilization projects designated
as National Grasslands administered pursuant to the Act of
July 22, 1937 (7 U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant land as are
or may hereafter come under the jurisdiction of the
Department of the Interior, which have heretofore or may
hereafter be classified as timberlands, and power-site land
valuable for timber, that shall be managed, except as
provided in the former section 3 of the Act of August 28,
1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest
production.
``(8) 50-Percent adjusted share.--The term `50-percent
adjusted share' means the number equal to the quotient
obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the 50-percent base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (1)(A) for all eligible
counties.
``(9) 50-Percent base share.--The term `50-percent base
share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(B) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 50-
percent payments made to each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (2)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(10) 50-Percent payment.--The term `50-percent payment'
means the payment that is the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May
24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et
seq.).
``(11) Full funding amount.--The term `full funding amount'
means--
``(A) $500,000,000 for fiscal year 2008; and
``(B) for fiscal year 2009 and each fiscal year thereafter,
the amount that is equal to 90 percent of the full funding
amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment'
means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each eligible
county; by
``(B) the median per capita personal income of all eligible
counties.
``(13) Per capita personal income.--The term `per capita
personal income' means the most recent per capita personal
income data, as determined by the Bureau of Economic
Analysis.
``(14) Safety net payments.--The term `safety net payments'
means the special payment amounts paid to States and counties
required by section 13982 or 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee of the
Secretary of Agriculture with respect to the Federal land
described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee of the
Secretary of the Interior with respect to the Federal land
described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the
payment for an eligible State calculated under section
101(a).
``(17) 25-Percent payment.--The term `25-percent payment'
means the payment to States required by the sixth paragraph
under the heading of `FOREST SERVICE' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND
``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL
LAND.
``(a) State Payment.--For each of fiscal years 2008 through
2011, the Secretary of Agriculture shall calculate for each
eligible State an amount equal to the sum of the products
obtained by multiplying--
[[Page 21816]]
``(1) the adjusted share for each eligible county within
the eligible State; by
``(2) the full funding amount for the fiscal year.
``(b) County Payment.--For each of fiscal years 2008
through 2011, the Secretary of the Interior shall calculate
for each eligible county that received a 50-percent payment
during the eligibility period an amount equal to the product
obtained by multiplying--
``(1) the 50-percent adjusted share for the eligible
county; by
``(2) the full funding amount for the fiscal year.
``SEC. 102. PAYMENTS TO STATES AND COUNTIES.
``(a) Payment Amounts.--Except as provided in section 103,
the Secretary of the Treasury shall pay to--
``(1) a State or territory of the United States an amount
equal to the sum of the amounts elected under subsection (b)
by each county within the State or territory for--
``(A) if the county is eligible for the 25-percent payment,
the share of the 25-percent payment; or
``(B) the share of the State payment of the eligible
county; and
``(2) a county an amount equal to the amount elected under
subsection (b) by each county for--
``(A) if the county is eligible for the 50-percent payment,
the 50-percent payment; or
``(B) the county payment for the eligible county.
``(b) Election To Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share of the
State payment, the county payment, a share of the State
payment and the county payment, a share of the 25-percent
payment, the 50-percent payment, or a share of the 25-percent
payment and the 50-percent payment, as applicable, shall be
made at the discretion of each affected county by August 1,
2008 (or as soon thereafter as the Secretary concerned
determines is practicable), and August 1 of each second
fiscal year thereafter, in accordance with paragraph (2), and
transmitted to the Secretary concerned by the Governor of
each eligible State.
``(B) Failure to transmit.--If an election for an affected
county is not transmitted to the Secretary concerned by the
date specified under subparagraph (A), the affected county
shall be considered to have elected to receive a share of the
State payment, the county payment, or a share of the State
payment and the county payment, as applicable.
``(2) Duration of election.--
``(A) In general.--A county election to receive a share of
the 25-percent payment or 50-percent payment, as applicable,
shall be effective for 2 fiscal years.
``(B) Full funding amount.--If a county elects to receive a
share of the State payment or the county payment, the
election shall be effective for all subsequent fiscal years
through fiscal year 2011.
``(3) Source of payment amounts.--The payment to an
eligible State or eligible county under this section for a
fiscal year shall be derived from--
``(A) any amounts that are appropriated to carry out this
Act;
``(B) any revenues, fees, penalties, or miscellaneous
receipts, exclusive of deposits to any relevant trust fund,
special account, or permanent operating funds, received by
the Federal Government from activities by the Bureau of Land
Management or the Forest Service on the applicable Federal
land; and
``(C) to the extent of any shortfall, out of any amounts in
the Treasury of the United States not otherwise appropriated.
``(c) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment
under subsection (a) for Federal land described in section
3(7)(A) shall distribute the appropriate payment amount among
the appropriate counties in the State in accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to counties in accordance with paragraph (1)
shall be expended as required by the laws referred to in
paragraph (1).
``(d) Expenditure Rules for Eligible Counties.--
``(1) Allocations.--
``(A) Use of portion in same manner as 25-percent payment
or 50-percent payment, as applicable.-- Except as provided in
paragraph (3)(B), if an eligible county elects to receive its
share of the State payment or the county payment, not less
than 80 percent, but not more than 85 percent, of the funds
shall be expended in the same manner in which the 25-percent
payments or 50-percent payment, as applicable, are required
to be expended.
``(B) Election as to use of balance.--Except as provided in
subparagraph (C), an eligible county shall elect to do 1 or
more of the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in
accordance with title II.
``(ii) Reserve not more than 7 percent of the total share
for the eligible county of the State payment or the county
payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.
``(C) Counties with modest distributions.--In the case of
each eligible county to which more than $100,000, but less
than $350,000, is distributed for any fiscal year pursuant to
either or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county, with respect to the balance of any
funds not expended pursuant to subparagraph (A) for that
fiscal year, shall--
``(i) reserve any portion of the balance for--
``(I) carrying out projects under title II;
``(II) carrying out projects under title III; or
``(III) a combination of the purposes described in
subclauses (I) and (II); or
``(ii) return the portion of the balance not reserved under
clause (i) to the Treasury of the United States.
``(2) Distribution of funds.--
``(A) In general.--Funds reserved by an eligible county
under subparagraph (B)(i) or (C)(i) of paragraph (1) for
carrying out projects under title II shall be deposited in a
special account in the Treasury of the United States.
``(B) Availability.--Amounts deposited under subparagraph
(A) shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended in accordance with
title II.
``(3) Election.--
``(A) Notification.--
``(i) In general.--An eligible county shall notify the
Secretary concerned of an election by the eligible county
under this subsection not later than September 30, 2008 (or
as soon thereafter as the Secretary concerned determines is
practicable), and each September 30 thereafter for each
succeeding fiscal year.
``(ii) Failure to elect.--Except as provided in
subparagraph (B), if the eligible county fails to make an
election by the date specified in clause (i), the eligible
county shall--
``(I) be considered to have elected to expend 85 percent of
the funds in accordance with paragraph (1)(A); and
``(II) return the balance to the Treasury of the United
States.
``(B) Counties with minor distributions.--In the case of
each eligible county to which less than $100,000 is
distributed for any fiscal year pursuant to either or both of
paragraphs (1)(B) and (2)(B) of subsection (a), the eligible
county may elect to expend all the funds in the same manner
in which the 25-percent payments or 50-percent payments, as
applicable, are required to be expended.
``(e) Time for Payment.--The payments required under this
section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
``SEC. 103. TRANSITION PAYMENTS TO STATES.
``(a) Definitions.--In this section:
``(1) Adjusted amount.--The term `adjusted amount' means,
with respect to a covered State--
``(A) for fiscal year 2008, 90 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2008; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2008;
``(B) for fiscal year 2009, 81 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2009; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2009; and
``(C) for fiscal year 2010, 73 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2010; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2010.
``(2) Covered state.--The term `covered State' means each
of the States of California, Louisiana, Oregon, Pennsylvania,
South Carolina, South Dakota, Texas, and Washington.
``(b) Transition Payments.--For each of fiscal years 2008
through 2010, in lieu of the payment amounts that otherwise
would have been made under paragraphs (1)(B) and (2)(B)
[[Page 21817]]
of section 102(a), the Secretary of the Treasury shall pay
the adjusted amount to each covered State and the eligible
counties within the covered State, as applicable.
``(c) Distribution of Adjusted Amount.--Except as provided
in subsection (d), it is the intent of Congress that the
method of distributing the payments under subsection (b)
among the counties in the covered States for each of fiscal
years 2008 through 2010 be in the same proportion that the
payments were distributed to the eligible counties in fiscal
year 2006.
``(d) Distribution of Payments in California.--The
following payments shall be distributed among the eligible
counties in the State of California in the same proportion
that payments under section 102(a)(2) (as in effect on
September 29, 2006) were distributed to the eligible counties
for fiscal year 2006:
``(1) Payments to the State of California under subsection
(b).
``(2) The shares of the eligible counties of the State
payment for California under section 102 for fiscal year
2011.
``(e) Treatment of Payments.--For purposes of this Act, any
payment made under subsection (b) shall be considered to be a
payment made under section 102(a).
``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND
``SEC. 201. DEFINITIONS.
``In this title:
``(1) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``(2) Project funds.--The term `project funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(3) Resource advisory committee.--The term `resource
advisory committee' means--
``(A) an advisory committee established by the Secretary
concerned under section 205; or
``(B) an advisory committee determined by the Secretary
concerned to meet the requirements of section 205.
``(4) Resource management plan.--The term `resource
management plan' means--
``(A) a land use plan prepared by the Bureau of Land
Management for units of the Federal land described in section
3(7)(B) pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712); or
``(B) a land and resource management plan prepared by the
Forest Service for units of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
``(a) Limitation.--Project funds shall be expended solely
on projects that meet the requirements of this title.
``(b) Authorized Uses.--Project funds may be used by the
Secretary concerned for the purpose of entering into and
implementing cooperative agreements with willing Federal
agencies, State and local governments, private and nonprofit
entities, and landowners for protection, restoration, and
enhancement of fish and wildlife habitat, and other resource
objectives consistent with the purposes of this Act on
Federal land and on non-Federal land where projects would
benefit the resources on Federal land.
``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
``(a) Submission of Project Proposals to Secretary
Concerned.--
``(1) Projects funded using project funds.--Not later than
September 30 for fiscal year 2008 (or as soon thereafter as
the Secretary concerned determines is practicable), and each
September 30 thereafter for each succeeding fiscal year
through fiscal year 2011, each resource advisory committee
shall submit to the Secretary concerned a description of any
projects that the resource advisory committee proposes the
Secretary undertake using any project funds reserved by
eligible counties in the area in which the resource advisory
committee has geographic jurisdiction.
``(2) Projects funded using other funds.--A resource
advisory committee may submit to the Secretary concerned a
description of any projects that the committee proposes the
Secretary undertake using funds from State or local
governments, or from the private sector, other than project
funds and funds appropriated and otherwise available to do
similar work.
``(3) Joint projects.--Participating counties or other
persons may propose to pool project funds or other funds,
described in paragraph (2), and jointly propose a project or
group of projects to a resource advisory committee
established under section 205.
``(b) Required Description of Projects.--In submitting
proposed projects to the Secretary concerned under subsection
(a), a resource advisory committee shall include in the
description of each proposed project the following
information:
``(1) The purpose of the project and a description of how
the project will meet the purposes of this title.
``(2) The anticipated duration of the project.
``(3) The anticipated cost of the project.
``(4) The proposed source of funding for the project,
whether project funds or other funds.
``(5)(A) Expected outcomes, including how the project will
meet or exceed desired ecological conditions, maintenance
objectives, or stewardship objectives.
``(B) An estimate of the amount of any timber, forage, and
other commodities and other economic activity, including jobs
generated, if any, anticipated as part of the project.
``(6) A detailed monitoring plan, including funding needs
and sources, that--
``(A) tracks and identifies the positive or negative
impacts of the project, implementation, and provides for
validation monitoring; and
``(B) includes an assessment of the following:
``(i) Whether or not the project met or exceeded desired
ecological conditions; created local employment or training
opportunities, including summer youth jobs programs such as
the Youth Conservation Corps where appropriate.
``(ii) Whether the project improved the use of, or added
value to, any products removed from land consistent with the
purposes of this title.
``(7) An assessment that the project is to be in the public
interest.
``(c) Authorized Projects.--Projects proposed under
subsection (a) shall be consistent with section 2.
``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY
CONCERNED.
``(a) Conditions for Approval of Proposed Project.--The
Secretary concerned may make a decision to approve a project
submitted by a resource advisory committee under section 203
only if the proposed project satisfies each of the following
conditions:
``(1) The project complies with all applicable Federal laws
(including regulations).
``(2) The project is consistent with the applicable
resource management plan and with any watershed or subsequent
plan developed pursuant to the resource management plan and
approved by the Secretary concerned.
``(3) The project has been approved by the resource
advisory committee in accordance with section 205, including
the procedures issued under subsection (e) of that section.
``(4) A project description has been submitted by the
resource advisory committee to the Secretary concerned in
accordance with section 203.
``(5) The project will improve the maintenance of existing
infrastructure, implement stewardship objectives that enhance
forest ecosystems, and restore and improve land health and
water quality.
``(b) Environmental Reviews.--
``(1) Request for payment by county.--The Secretary
concerned may request the resource advisory committee
submitting a proposed project to agree to the use of project
funds to pay for any environmental review, consultation, or
compliance with applicable environmental laws required in
connection with the project.
``(2) Conduct of environmental review.--If a payment is
requested under paragraph (1) and the resource advisory
committee agrees to the expenditure of funds for this
purpose, the Secretary concerned shall conduct environmental
review, consultation, or other compliance responsibilities in
accordance with Federal laws (including regulations).
``(3) Effect of refusal to pay.--
``(A) In general.--If a resource advisory committee does
not agree to the expenditure of funds under paragraph (1),
the project shall be deemed withdrawn from further
consideration by the Secretary concerned pursuant to this
title.
``(B) Effect of withdrawal.--A withdrawal under
subparagraph (A) shall be deemed to be a rejection of the
project for purposes of section 207(c).
``(c) Decisions of Secretary Concerned.--
``(1) Rejection of projects.--
``(A) In general.--A decision by the Secretary concerned to
reject a proposed project shall be at the sole discretion of
the Secretary concerned.
``(B) No administrative appeal or judicial review.--
Notwithstanding any other provision of law, a decision by the
Secretary concerned to reject a proposed project shall not be
subject to administrative appeal or judicial review.
``(C) Notice of rejection.--Not later than 30 days after
the date on which the Secretary concerned makes the rejection
decision, the Secretary concerned shall notify in writing the
resource advisory committee that submitted the proposed
project of the rejection and the reasons for rejection.
``(2) Notice of project approval.--The Secretary concerned
shall publish in the Federal Register notice of each project
approved under subsection (a) if the notice would be required
had the project originated with the Secretary.
``(d) Source and Conduct of Project.--Once the Secretary
concerned accepts a project for review under section 203, the
acceptance shall be deemed a Federal action for all purposes.
``(e) Implementation of Approved Projects.--
``(1) Cooperation.--Notwithstanding chapter 63 of title 31,
United States Code, using project funds the Secretary
concerned may
[[Page 21818]]
enter into contracts, grants, and cooperative agreements with
States and local governments, private and nonprofit entities,
and landowners and other persons to assist the Secretary in
carrying out an approved project.
``(2) Best value contracting.--
``(A) In general.--For any project involving a contract
authorized by paragraph (1) the Secretary concerned may elect
a source for performance of the contract on a best value
basis.
``(B) Factors.--The Secretary concerned shall determine
best value based on such factors as--
``(i) the technical demands and complexity of the work to
be done;
``(ii)(I) the ecological objectives of the project; and
``(II) the sensitivity of the resources being treated;
``(iii) the past experience by the contractor with the type
of work being done, using the type of equipment proposed for
the project, and meeting or exceeding desired ecological
conditions; and
``(iv) the commitment of the contractor to hiring highly
qualified workers and local residents.
``(3) Merchantable timber contracting pilot program.--
``(A) Establishment.--The Secretary concerned shall
establish a pilot program to implement a certain percentage
of approved projects involving the sale of merchantable
timber using separate contracts for--
``(i) the harvesting or collection of merchantable timber;
and
``(ii) the sale of the timber.
``(B) Annual percentages.--Under the pilot program, the
Secretary concerned shall ensure that, on a nationwide basis,
not less than the following percentage of all approved
projects involving the sale of merchantable timber are
implemented using separate contracts:
``(i) For fiscal year 2008, 35 percent.
``(ii) For fiscal year 2009, 45 percent.
``(iii) For each of fiscal years 2010 and 2011, 50 percent.
``(C) Inclusion in pilot program.--The decision whether to
use separate contracts to implement a project involving the
sale of merchantable timber shall be made by the Secretary
concerned after the approval of the project under this title.
``(D) Assistance.--
``(i) In general.--The Secretary concerned may use funds
from any appropriated account available to the Secretary for
the Federal land to assist in the administration of projects
conducted under the pilot program.
``(ii) Maximum amount of assistance.--The total amount
obligated under this subparagraph may not exceed $1,000,000
for any fiscal year during which the pilot program is in
effect.
``(E) Review and report.--
``(i) Initial report.--Not later than September 30, 2010,
the Comptroller General shall submit to the Committees on
Agriculture, Nutrition, and Forestry and Energy and Natural
Resources of the Senate and the Committees on Agriculture and
Natural Resources of the House of Representatives a report
assessing the pilot program.
``(ii) Annual report.--The Secretary concerned shall submit
to the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate and the Committees
on Agriculture and Natural Resources of the House of
Representatives an annual report describing the results of
the pilot program.
``(f) Requirements for Project Funds.--The Secretary shall
ensure that at least 50 percent of all project funds be used
for projects that are primarily dedicated--
``(1) to road maintenance, decommissioning, or
obliteration; or
``(2) to restoration of streams and watersheds.
``SEC. 205. RESOURCE ADVISORY COMMITTEES.
``(a) Establishment and Purpose of Resource Advisory
Committees.--
``(1) Establishment.--The Secretary concerned shall
establish and maintain resource advisory committees to
perform the duties in subsection (b), except as provided in
paragraph (4).
``(2) Purpose.--The purpose of a resource advisory
committee shall be--
``(A) to improve collaborative relationships; and
``(B) to provide advice and recommendations to the land
management agencies consistent with the purposes of this
title.
``(3) Access to resource advisory committees.--To ensure
that each unit of Federal land has access to a resource
advisory committee, and that there is sufficient interest in
participation on a committee to ensure that membership can be
balanced in terms of the points of view represented and the
functions to be performed, the Secretary concerned may,
establish resource advisory committees for part of, or 1 or
more, units of Federal land.
``(4) Existing advisory committees.--
``(A) In general.--An advisory committee that meets the
requirements of this section, a resource advisory committee
established before September 29, 2006, or an advisory
committee determined by the Secretary concerned before
September 29, 2006, to meet the requirements of this section
may be deemed by the Secretary concerned to be a resource
advisory committee for the purposes of this title.
``(B) Charter--A charter for a committee described in
subparagraph (A) that was filed on or before September 29,
2006, shall be considered to be filed for purposes of this
Act.
``(C) Bureau of land management advisory committees.--The
Secretary of the Interior may deem a resource advisory
committee meeting the requirements of subpart 1784 of part
1780 of title 43, Code of Federal Regulations, as a resource
advisory committee for the purposes of this title.
``(b) Duties.--A resource advisory committee shall--
``(1) review projects proposed under this title by
participating counties and other persons;
``(2) propose projects and funding to the Secretary
concerned under section 203;
``(3) provide early and continuous coordination with
appropriate land management agency officials in recommending
projects consistent with purposes of this Act under this
title;
``(4) provide frequent opportunities for citizens,
organizations, tribes, land management agencies, and other
interested parties to participate openly and meaningfully,
beginning at the early stages of the project development
process under this title;
``(5)(A) monitor projects that have been approved under
section 204; and
``(B) advise the designated Federal official on the
progress of the monitoring efforts under subparagraph (A);
and
``(6) make recommendations to the Secretary concerned for
any appropriate changes or adjustments to the projects being
monitored by the resource advisory committee.
``(c) Appointment by the Secretary.--
``(1) Appointment and term.--
``(A) In general.--The Secretary concerned, shall appoint
the members of resource advisory committees for a term of 4
years beginning on the date of appointment.
``(B) Reappointment.--The Secretary concerned may reappoint
members to subsequent 4-year terms.
``(2) Basic requirements.--The Secretary concerned shall
ensure that each resource advisory committee established
meets the requirements of subsection (d).
``(3) Initial appointment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
concerned shall make initial appointments to the resource
advisory committees.
``(4) Vacancies.--The Secretary concerned shall make
appointments to fill vacancies on any resource advisory
committee as soon as practicable after the vacancy has
occurred.
``(5) Compensation.--Members of the resource advisory
committees shall not receive any compensation.
``(d) Composition of Advisory Committee.--
``(1) Number.--Each resource advisory committee shall be
comprised of 15 members.
``(2) Community interests represented.--Committee members
shall be representative of the interests of the following 3
categories:
``(A) 5 persons that--
``(i) represent organized labor or non-timber forest
product harvester groups;
``(ii) represent developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
``(iii) represent--
``(I) energy and mineral development interests; or
``(II) commercial or recreational fishing interests;
``(iv) represent the commercial timber industry; or
``(v) hold Federal grazing or other land use permits, or
represent nonindustrial private forest land owners, within
the area for which the committee is organized.
``(B) 5 persons that represent--
``(i) nationally recognized environmental organizations;
``(ii) regionally or locally recognized environmental
organizations;
``(iii) dispersed recreational activities;
``(iv) archaeological and historical interests; or
``(v) nationally or regionally recognized wild horse and
burro interest groups, wildlife or hunting organizations, or
watershed associations.
``(C) 5 persons that--
``(i) hold State elected office (or a designee);
``(ii) hold county or local elected office;
``(iii) represent American Indian tribes within or adjacent
to the area for which the committee is organized;
``(iv) are school officials or teachers; or
``(v) represent the affected public at large.
``(3) Balanced representation.--In appointing committee
members from the 3 categories in paragraph (2), the Secretary
concerned shall provide for balanced and broad representation
from within each category.
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the State in which the
committee has jurisdiction and, to extent practicable, the
Secretary concerned shall ensure local representation in each
category in paragraph (2).
``(5) Chairperson.--A majority on each resource advisory
committee shall select the chairperson of the committee.
[[Page 21819]]
``(e) Approval Procedures.--
(1) In general.--Subject to paragraph (3), each resource
advisory committee shall establish procedures for proposing
projects to the Secretary concerned under this title.
``(2) Quorum.--A quorum must be present to constitute an
official meeting of the committee.
``(3) Approval by majority of members.--A project may be
proposed by a resource advisory committee to the Secretary
concerned under section 203(a), if the project has been
approved by a majority of members of the committee from each
of the 3 categories in subsection (d)(2).
``(f) Other Committee Authorities and Requirements.--
``(1) Staff assistance.--A resource advisory committee may
submit to the Secretary concerned a request for periodic
staff assistance from Federal employees under the
jurisdiction of the Secretary.
``(2) Meetings.--All meetings of a resource advisory
committee shall be announced at least 1 week in advance in a
local newspaper of record and shall be open to the public.
``(3) Records.--A resource advisory committee shall
maintain records of the meetings of the committee and make
the records available for public inspection.
``SEC. 206. USE OF PROJECT FUNDS.
``(a) Agreement Regarding Schedule and Cost of Project.--
``(1) Agreement between parties.--The Secretary concerned
may carry out a project submitted by a resource advisory
committee under section 203(a) using project funds or other
funds described in section 203(a)(2), if, as soon as
practicable after the issuance of a decision document for the
project and the exhaustion of all administrative appeals and
judicial review of the project decision, the Secretary
concerned and the resource advisory committee enter into an
agreement addressing, at a minimum, the following:
``(A) The schedule for completing the project.
``(B) The total cost of the project, including the level of
agency overhead to be assessed against the project.
``(C) For a multiyear project, the estimated cost of the
project for each of the fiscal years in which it will be
carried out.
``(D) The remedies for failure of the Secretary concerned
to comply with the terms of the agreement consistent with
current Federal law.
``(2) Limited use of federal funds.--The Secretary
concerned may decide, at the sole discretion of the Secretary
concerned, to cover the costs of a portion of an approved
project using Federal funds appropriated or otherwise
available to the Secretary for the same purposes as the
project.
``(b) Transfer of Project Funds.--
``(1) Initial transfer required.--As soon as practicable
after the agreement is reached under subsection (a) with
regard to a project to be funded in whole or in part using
project funds, or other funds described in section 203(a)(2),
the Secretary concerned shall transfer to the applicable unit
of National Forest System land or Bureau of Land Management
District an amount of project funds equal to--
``(A) in the case of a project to be completed in a single
fiscal year, the total amount specified in the agreement to
be paid using project funds, or other funds described in
section 203(a)(2); or
``(B) in the case of a multiyear project, the amount
specified in the agreement to be paid using project funds, or
other funds described in section 203(a)(2) for the first
fiscal year.
``(2) Condition on project commencement.--The unit of
National Forest System land or Bureau of Land Management
District concerned, shall not commence a project until the
project funds, or other funds described in section 203(a)(2)
required to be transferred under paragraph (1) for the
project, have been made available by the Secretary concerned.
``(3) Subsequent transfers for multiyear projects.--
``(A) In general.--For the second and subsequent fiscal
years of a multiyear project to be funded in whole or in part
using project funds, the unit of National Forest System land
or Bureau of Land Management District concerned shall use the
amount of project funds required to continue the project in
that fiscal year according to the agreement entered into
under subsection (a).
``(B) Suspension of work.--The Secretary concerned shall
suspend work on the project if the project funds required by
the agreement in the second and subsequent fiscal years are
not available.
``SEC. 207. AVAILABILITY OF PROJECT FUNDS.
``(a) Submission of Proposed Projects To Obligate Funds.--
By September 30, 2008 (or as soon thereafter as the Secretary
concerned determines is practicable), and each September 30
thereafter for each succeeding fiscal year through fiscal
year 2011, a resource advisory committee shall submit to the
Secretary concerned pursuant to section 203(a)(1) a
sufficient number of project proposals that, if approved,
would result in the obligation of at least the full amount of
the project funds reserved by the participating county in the
preceding fiscal year.
``(b) Use or Transfer of Unobligated Funds.--Subject to
section 208, if a resource advisory committee fails to comply
with subsection (a) for a fiscal year, any project funds
reserved by the participating county in the preceding fiscal
year and remaining unobligated shall be available for use as
part of the project submissions in the next fiscal year.
``(c) Effect of Rejection of Projects.--Subject to section
208, any project funds reserved by a participating county in
the preceding fiscal year that are unobligated at the end of
a fiscal year because the Secretary concerned has rejected
one or more proposed projects shall be available for use as
part of the project submissions in the next fiscal year.
``(d) Effect of Court Orders.--
``(1) In general.--If an approved project under this Act is
enjoined or prohibited by a Federal court, the Secretary
concerned shall return the unobligated project funds related
to the project to the participating county or counties that
reserved the funds.
``(2) Expenditure of funds.--The returned funds shall be
available for the county to expend in the same manner as the
funds reserved by the county under subparagraph (B) or (C)(i)
of section 102(d)(1).
``SEC. 208. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title shall terminate on September 30, 2011.
``(b) Deposits in Treasury.--Any project funds not
obligated by September 30, 2012, shall be deposited in the
Treasury of the United States.
``TITLE III--COUNTY FUNDS
``SEC. 301. DEFINITIONS.
``In this title:
``(1) County funds.--The term `county funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(2) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``SEC. 302. USE.
``(a) Authorized Uses.--A participating county, including
any applicable agencies of the participating county, shall
use county funds, in accordance with this title, only--
``(1) to carry out activities under the Firewise
Communities program to provide to homeowners in fire-
sensitive ecosystems education on, and assistance with
implementing, techniques in home siting, home construction,
and home landscaping that can increase the protection of
people and property from wildfires;
``(2) to reimburse the participating county for search and
rescue and other emergency services, including firefighting,
that are--
``(A) performed on Federal land after the date on which the
use was approved under subsection (b);
``(B) paid for by the participating county; and
``(3) to develop community wildfire protection plans in
coordination with the appropriate Secretary concerned.
``(b) Proposals.--A participating county shall use county
funds for a use described in subsection (a) only after a 45-
day public comment period, at the beginning of which the
participating county shall--
``(1) publish in any publications of local record a
proposal that describes the proposed use of the county funds;
and
``(2) submit the proposal to any resource advisory
committee established under section 205 for the participating
county.
``SEC. 303. CERTIFICATION.
``(a) In General.--Not later than February 1 of the year
after the year in which any county funds were expended by a
participating county, the appropriate official of the
participating county shall submit to the Secretary concerned
a certification that the county funds expended in the
applicable year have been used for the uses authorized under
section 302(a), including a description of the amounts
expended and the uses for which the amounts were expended.
``(b) Review.--The Secretary concerned shall review the
certifications submitted under subsection (a) as the
Secretary concerned determines to be appropriate.
``SEC. 304. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title terminates on September 30, 2011.
``(b) Availability.--Any county funds not obligated by
September 30, 2012, shall be returned to the Treasury of the
United States.
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. REGULATIONS.
``The Secretary of Agriculture and the Secretary of the
Interior shall issue regulations to carry out the purposes of
this Act.
``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act for each of fiscal years 2008
through 2011.
``SEC. 403. TREATMENT OF FUNDS AND REVENUES.
``(a) Relation to Other Appropriations.--Funds made
available under section 402 and funds made available to a
Secretary concerned under section 206 shall be in addition to
any other annual appropriations for the Forest Service and
the Bureau of Land Management.
[[Page 21820]]
``(b) Deposit of Revenues and Other Funds.--All revenues
generated from projects pursuant to title II, including any
interest accrued from the revenues, shall be deposited in the
Treasury of the United States.''.
(b) Forest Receipt Payments to Eligible States and
Counties.--
(1) Act of May 23, 1908.--The sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16
U.S.C. 500) is amended in the first sentence by striking
``twenty-five percentum'' and all that follows through
``shall be paid'' and inserting the following: ``an amount
equal to the annual average of 25 percent of all amounts
received for the applicable fiscal year and each of the
preceding 6 fiscal years from each national forest shall be
paid''.
(2) Weeks Law.--Section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (16 U.S.C. 500) is
amended in the first sentence by striking ``twenty-five
percentum'' and all that follows through ``shall be paid''
and inserting the following: ``an amount equal to the annual
average of 25 percent of all amounts received for the
applicable fiscal year and each of the preceding 6 fiscal
years from each national forest shall be paid''.
(c) Payments in Lieu of Taxes.--
(1) In general.--Section 6906 of title 31, United States
Code, is amended to read as follows:''6906. Funding
``For each of fiscal years 2008 through 2012--
``(1) each county or other eligible unit of local
government shall be entitled to payment under this chapter;
and
``(2) sums shall be made available to the Secretary of the
Interior for obligation or expenditure in accordance with
this chapter.''.
(2) Conforming amendment.--The table of sections for
chapter 69 of title 31, United States Code, is amended by
striking the item relating to section 6906 and inserting the
following:
``6906. Funding.''.
(3) Budget scorekeeping.--
(A) In general.--Notwithstanding the Budget Scorekeeping
Guidelines and the accompanying list of programs and accounts
set forth in the joint explanatory statement of the committee
of conference accompanying Conference Report 105217, the
section in this title regarding Payments in Lieu of Taxes
shall be treated in the baseline for purposes of section 257
of the Balanced Budget and Emergency Deficit Control Act of
1985 (as in effect prior to September 30, 2002), and by the
Chairmen of the House and Senate Budget Committees, as
appropriate, for purposes of budget enforcement in the House
and Senate, and under the Congressional Budget Act of 1974 as
if Payment in Lieu of Taxes (14-1114-0-1-806) were an account
designated as Appropriated Entitlements and Mandatories for
Fiscal Year 1997 in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-
217.
(B) Effective date.--This paragraph shall remain in effect
for the-- fiscal years to which the entitlement in section
6906 of title 31, United States Code (as amended by paragraph
(1)), applies.
Mr. ARCURI. Mr. Speaker, I yield back the balance of my time, and I
move the previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. SESSIONS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on ordering the previous question will be
followed by 5-minute votes on adoption of the resolution, if ordered,
and a motion to suspend the rules with regard to House Concurrent
Resolution 255.
The vote was taken by electronic device.
The previous question was ordered. A subsequent voice vote was taken
on adoption of the resolution, and a recorded vote was ordered thereon.
Mr. HOYER. Mr. Speaker, is it in order for me to ask unanimous
consent that that vote be vacated?
The SPEAKER pro tempore. The gentleman may make such a request.
Mr. HOYER. I ask unanimous consent that the vote that we just took be
vacated.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
Mr. SESSIONS. Mr. Speaker, I reserve the right to object.
Under my reservation, I yield to the gentleman from Maryland.
Mr. HOYER. I thank the gentleman for yielding.
There was a mistake made in the notice that was given to the
minority. That was not anybody's intention; it was a mistake. We want
to give another opportunity to consider the rule with the minority
having the proper information in front of them when we do so.
I have discussed this with the minority, and I think this is the
appropriate procedure for us to fairly follow. And I've discussed it
with your leadership.
Mr. SESSIONS. I would like to yield to the ranking member of the
Rules Committee, Mr. Dreier.
Mr. DREIER. I thank the gentleman for yielding.
Mr. Speaker, I would simply like to inquire of the distinguished
majority leader if he might enlighten us as to exactly what that
problem is with which the Rules Committee is going to have to contend.
Mr. HOYER. I think it was discussed. There was a figure that was
incorrectly given in the bill that you had in your possession that was
different from the bill that was on the desk.
Mr. DREIER. If the gentleman would continue to yield.
It's my understanding that there were a couple of items that were put
in in handwriting from the Ways and Means Committee that were not
reflected in what went forward to the Rules Committee. And I thank my
friend for yielding.
Mr. HOYER. Would the gentleman yield?
Mr. SESSIONS. I would yield.
Mr. HOYER. I thank the gentleman for yielding.
Frankly, I have not seen it, and I don't know. What I do know is that
Mr. Arcuri informed me, and obviously has asked us--Mr. Arcuri feels
very badly that a different version than was at the desk was given to
the minority inadvertently; and as a result, the minority did not have
the document in front of it. It was at the desk, but nobody's gone up
to the desk to compare the items. And as a result, we think, in
fairness, we ought to have that document in front of you.
Mr. DREIER. Would the gentleman yield?
Mr. SESSIONS. I would continue to yield to the gentleman.
Mr. DREIER. I thank my friend for yielding.
It's my understanding that there also was a disparity between the
bill that was included on the Web site as well as the bill that was
submitted to the Rules Committee. So it sounds to me as if there is
quite a bit of confusion around this. And I hope very much that this
will be an issue that can be addressed.
And I would say, if my friend would continue to yield, that to me
this really underscores--and I know that we're in what we hope will be
the last week of this session of this Congress--that moving rapidly
like this does create the potential for problems. And so it seems to me
that there may be a little more to this than appears right now, as I
just heard that the Web site had something that was reported
differently.
I thank my friend for yielding.
Mr. HOYER. Would the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman.
Mr. HOYER. I thank the gentleman for yielding.
Now, frankly, I don't want to get into moving rapidly. The
administration, of course, came here Thursday and wanted us to pass
$700 billion, and they want us to pass this very soon. So ``rapidly''
sometimes is in the eye of the beholder.
The point is, you're correct; there was a discrepancy. We think that
was not fair. It was not intentional. But Mr. Arcuri, who gave the
information to the minority and the information that was on the Web
site, was not correct. We think, under those circumstances, in fairness
to all, that we ought to redo this, and that's what we intend to do.
And we discussed it with your leadership and we all agreed that that
was the right thing to do.
Mr. SESSIONS. Continuing my reservation, I would say to the gentleman
that we're not in any hurry over here in doing it right. The Republican
Party is not in a rush, and we would wish for us to do very
deliberately that which needs to be done.
[[Page 21821]]
Mr. HASTINGS of Washington. Would the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman from Washington.
Mr. HASTINGS of Washington. I appreciate the gentleman yielding.
Mr. Speaker, this is really very, very important because we are at
the last days of this session and we know there is a rush to try to get
things done. And I understand that it was a bookkeeping--it wasn't
intentional. I understand all of that, we've been through this before.
But the significance of this, and it needs to be understood by this
body as we are being asked in the future to make some big decisions,
the difference in this little error was $100 million. It wasn't small
potatoes, so to speak. And I just want to say that the right thing to
do--and I hope this is what's going to happen--is that the Rules
Committee goes back upstairs and reports it out correctly so we can
have the text. But I think that point needs to be made. And I
appreciate the gentleman for yielding.
Mr. HOYER. Would the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman.
Mr. HOYER. I told the gentleman from Washington that's exactly what
I'm trying to do, which is why I thought it best to obviate the vote so
we can do exactly what you've suggested. I've discussed it with your
leadership and they've agreed. I hope we can do that, and I hope
there's not an objection.
Mr. SESSIONS. Mr. Speaker, I withdraw my reservation.
The SPEAKER pro tempore. Without objection, the vote on adoption of
the resolution is vacated.
There was no objection.
Mr. HOYER. Mr. Speaker, I ask unanimous consent that both the vote on
the adoption of the rule and the vote on the previous question be
vacated.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
Mr. ARCURI. Mr. Speaker, under the rules, I withdraw House Resolution
1501.
The SPEAKER pro tempore. The resolution is withdrawn.
____________________
{time} 1545
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Without objection, 5-minute voting will
continue.
There was no objection.
____________________
UNITED STATES COMMITMENT TO PRESERVATION OF RELIGIOUS AND CULTURAL
SITES
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the concurrent resolution, H.
Con. Res. 255, as amended, on which the yeas and nays were ordered.
The Clerk read the title of the concurrent resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Crowley) that the House suspend the rules
and agree to the concurrent resolution, H. Con. Res. 255, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 414,
nays 1, not voting 18, as follows:
[Roll No. 641]
YEAS--414
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Cooper
Costa
Costello
Courtney
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hulshof
Hunter
Inglis (SC)
Inslee
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Lewis (KY)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weller
Westmoreland
Wexler
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--18
Bachus
Boehner
Conyers
Cramer
Cubin
Davis, David
Everett
Frank (MA)
Hastings (FL)
Hoyer
Israel
Miller (FL)
Napolitano
Shuler
Souder
Udall (CO)
Weldon (FL)
Whitfield (KY)
{time} 1604
Mrs. BACHMANN changed her vote from ``nay'' to ``yea.''
So (two-thirds being in the affirmative) the rules were suspended and
the concurrent resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
[[Page 21822]]
Mr. BACHUS. Madam Speaker, on September 25, 2008, I missed rollcall
vote 641 while attending a meeting at the White House to discuss the
Nation's financial crisis. Had I been present, I would have voted
``yea'' on rollcall 641.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore (Ms. Baldwin). Pursuant to clause 8 of rule
XX, the Chair will postpone further proceedings today on motions to
suspend the rules on which a recorded vote or the yeas and nays are
ordered, or on which the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken later today.
____________________
BREAST CANCER AND ENVIRONMENTAL RESEARCH ACT OF 2008
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 1157) to amend the Public Health Service Act to authorize
the Director of the National Institute of Environmental Health Sciences
to make grants for the development and operation of research centers
regarding environmental factors that may be related to the etiology of
breast cancer, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1157
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Breast Cancer and
Environmental Research Act of 2008''.
SEC. 2. EXPANDING COLLABORATIVE RESEARCH ON BREAST CANCER AND
THE ENVIRONMENT.
(a) In General.--Subpart 1 of part C of title IV of the
Public Health Service Act (42 U.S.C. 285 et seq.) is amended
by adding at the end the following:
``SEC. 417F. INTERAGENCY BREAST CANCER AND ENVIRONMENTAL
RESEARCH COORDINATING COMMITTEE.
``(a) Interagency Breast Cancer and Environmental Research
Coordinating Committee.--
``(1) Establishment.--Not later than 6 months after the
date of the enactment of this section, the Secretary shall
establish a committee, to be known as the Interagency Breast
Cancer and Environmental Research Coordinating Committee (in
this section referred to as the `Committee').
``(2) Duties.--The Committee shall--
``(A) share and coordinate information on existing research
activities, and make recommendations to the National
Institutes of Health and other Federal agencies regarding how
to improve existing research programs, that are related to
breast cancer research;
``(B) develop a comprehensive strategy and advise the
National Institutes of Health and other Federal agencies in
the solicitation of proposals for collaborative,
multidisciplinary research, including proposals to evaluate
environmental and genomic factors that may be related to the
etiology of breast cancer that would--
``(i) result in innovative approaches to study emerging
scientific opportunities or eliminate knowledge gaps in
research to improve the research portfolio;
``(ii) outline key research questions, methodologies, and
knowledge gaps;
``(iii) expand the number of research proposals that
involve collaboration between 2 or more national research
institutes or national centers, including proposals for
Common Fund research described in section 402(b)(7) to
improve the research portfolio; and
``(iv) expand the number of collaborative,
multidisciplinary, and multi-institutional research grants;
``(C) develop a summary of advances in breast cancer
research supported or conducted by Federal agencies relevant
to the diagnosis, prevention, and treatment of cancer and
other diseases and disorders; and
``(D) not later than 2 years after the date of the
establishment of the Committee, make recommendations to the
Secretary--
``(i) regarding any appropriate changes to research
activities, including recommendations to improve the research
portfolio of the National Institutes of Health to ensure that
scientifically-based strategic planning is implemented in
support of research priorities that impact breast cancer
research activities;
``(ii) to ensure that the activities of the National
Institutes of Health and other Federal agencies, including
the Department of Defense, are free of unnecessary
duplication of effort;
``(iii) regarding public participation in decisions
relating to breast cancer research to increase the
involvement of patient advocacy and community organizations
representing a broad geographical area;
``(iv) on how best to disseminate information on breast
cancer research progress; and
``(v) on how to expand partnerships between public
entities, including Federal agencies, and private entities to
expand collaborative, cross-cutting research.
``(3) Rule of construction.--For the purposes of the
Committee, when focusing on research to evaluate
environmental and genomic factors that may be related to the
etiology of breast cancer, nothing in this section shall be
construed to restrict the Secretary from including other
forms of cancer, as appropriate, when doing so may advance
research in breast cancer or advance research in other forms
of cancer.
``(4) Membership.--
``(A) In general.--The Committee shall be composed of the
following voting members:
``(i) Not more than 7 voting Federal representatives as
follows:
``(I) The Director of the Centers for Disease Control and
Prevention.
``(II) The Director of the National Institutes of Health
and the directors of such national research institutes and
national centers (which may include the National Institute of
Environmental Health Sciences) as the Secretary determines
appropriate.
``(III) One representative from the National Cancer
Institute Board of Scientific Advisors, appointed by the
Director of the National Cancer Institute.
``(IV) The heads of such other agencies of the Department
of Health and Human Services as the Secretary determines
appropriate.
``(V) Representatives of other Federal agencies that
conduct or support cancer research, including the Department
of Defense.
``(ii) 12 additional voting members appointed under
subparagraph (B).
``(B) Additional members.--The Committee shall include
additional voting members appointed by the Secretary as
follows:
``(i) 6 members shall be appointed from among scientists,
physicians, and other health professionals, who--
``(I) are not officers or employees of the United States;
``(II) represent multiple disciplines, including clinical,
basic, and public health sciences;
``(III) represent different geographical regions of the
United States;
``(IV) are from practice settings, academia, or other
research settings; and
``(V) are experienced in scientific peer review process.
``(ii) 6 members shall be appointed from members of the
general public, who represent individuals with breast cancer.
``(C) Nonvoting members.--The Committee shall include such
nonvoting members as the Secretary determines to be
appropriate.
``(5) Chairperson.--The voting members of the Committee
shall select a chairperson from among such members. The
selection of a chairperson shall be subject to the approval
of the Director of NIH.
``(6) Meetings.--The Committee shall meet at the call of
the chairperson of the Committee or upon the request of the
Director of NIH, but in no case less often than once each
year.
``(b) Review.--The Secretary shall review the necessity of
the Committee in calendar year 2011 and, thereafter, at least
once every 2 years.''.
(b) Authorization of Appropriations.--For the purpose of
carrying out research activities under title IV of the Public
Health Service Act, including section 417F of such Act as
added by subsection (a), there are authorized to be
appropriated $40,000,000 for each of fiscal years 2009
through 2012. Amounts authorized to be appropriated under the
preceding sentence shall be in addition to amounts otherwise
authorized to be appropriated for such purpose under section
402A of the Public Health Service Act (42 U.S.C. 282a).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of H.R. 1157, the Breast
Cancer and Environmental Research Act, legislation introduced by
Representatives Nita Lowey and Sue Myrick.
According to the Centers for Disease Control and Prevention, the CDC,
breast cancer is the second most common form of cancer in women. Each
year in America, approximately 182,000 women are diagnosed of breast
cancer, of which nearly 41,000 lose their lives.
While improved access to screening and treatment services have helped
reduced breast cancer death rates over the past couple of decades,
significant challenges still remain. For example, we are still unsure
about what causes breast cancer or how to prevent it. While there have
been a number of
[[Page 21823]]
studies that have looked at various risk factors, we have not been able
to draw any solid conclusions about what specifically causes breast
cancer or what are the linkages between breast cancer and environmental
factors.
This legislation would help address, help facilitate and help
coordinate research efforts on the links between breast cancer and
environmental factors in the hopes that one day we might find a cure.
Let me acknowledge the work of my colleagues, Mrs. Lowey and Mrs.
Myrick, who have been tireless advocates on behalf of this legislation.
They have been working nonstop over the past several months to develop
the compromise legislation before us today.
I would also like to commend the chairman of our committee, the
Energy and Commerce Committee, Mr. Dingell, as well as his staff, for
their hard work on this legislation. In particular I would like to
acknowledge the hard work of Jessica McNiece, a member of the
professional staff on the Energy and Commerce Committee, for her
efforts to move this bill forward.
I reserve the balance of my time.
Mr. DEAL of Georgia. Madam Speaker, I too rise in support of this
legislation and would like to yield such time as she may consume to one
of the original sponsors of this legislation, the gentlewoman from
North Carolina (Mrs. Myrick).
Mrs. MYRICK. Thank you, Mr. Deal, for yielding.
I am very pleased to speak on behalf of this bill and excited that it
has come this far, because it is going to further progress breast
cancer research as it relates to the environmental factors.
Nita Lowey has worked on this for I think 10 years. I have been at it
for at least 7 years. I don't know how long it has been, Nita, but it
has been a long, long time. We are both happy to be at this point,
because I think it will breathe new life into the effort of what we are
doing at the NIH for the potential triggers of breast cancer.
Lots of thought has gone into this, a tremendous amount of work on
both sides of the aisle. I want to commend Mrs. Lowey for all of her
work, Chairman Dingell and Chairman Barton, and all the staff members
who made this compromise possible, because this has been a long time
coming. We are just grateful we are at this point today.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the sponsor of the
bill, the gentlewoman from New York (Mrs. Lowey), who, as everyone has
said, has worked so hard and tirelessly on behalf of this legislation.
Mrs. LOWEY. Madam Speaker, I rise in support of H.R. 1157, the Breast
Cancer and Environmental Research Act. The bill is the product of
bipartisan, bicameral negotiations, and in my judgment truly represents
a fair compromise that will lead to meaningful changes in how breast
cancer research is conducted throughout the Federal Government.
The bill passed by voice vote in the Energy and Commerce Committee.
It will improve the caliber of breast cancer research, improve
transparency for breast cancer research dollars and vastly increase the
role of advocates in determining research priorities.
I would like to thank a few key individuals who have been an integral
part of advancing this legislation. First of all, my partner on this
bill, Congresswoman Sue Myrick. She has done a yeoman job, and we have
worked together for a very, very long time. Congratulations. Of course,
her staff, Sarah Hale; the Senate sponsor of this bill, Majority Leader
Harry Reid and his staff, Carolyn Gluck; Ranking Member Barton and his
staff, Ryan Long; Minority Whip Roy Blunt and his staff, Cheryl Jaeger;
Health Subcommittee Chairman, my good friend Congressman Pallone, we
came to the Congress together, and his staff, Bobby Clark; and, of
course, Chairman Dingell and his staff, in particular Jessica McNiece
and Greg Rothschild, who have spent countless hours on this bill.
Without their commitment to advancing a bipartisan product, frankly, we
wouldn't be here today.
The bill is a really good one, and I urge my colleagues to support
it.
Mr. DEAL of Georgia. Madam Speaker, I think one of the better things
that is contained in this legislation is that it does create an
interagency coordinating committee to coordinate the activities on
breast cancer research that are being conducted by the Department of
Health and Human Services, the Defense Department and other agencies
that are actively engaged in cancer research. By removing the barriers
which restrict cross-institutional information sharing, we will be able
to bring America's best scientists together to collaborate and work
together in pursuit of a cure.
The bill also increases the overall authorization of the NIH by $40
million to further aid their mission in this research.
I think it is a good step in the right direction, and I am glad to
see the House taking the legislation up today.
Mr. Speaker, I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I have no further requests for time. I
would ask that we all support this very important legislation. I know
that it constantly comes up in my State about possible links between
breast cancer and various cancers and environmental risk, so I know how
important this is. I ask that everyone support it.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 1157, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
FIRST LIEUTENANT NOAH HARRIS ELLIJAY POST OFFICE BUILDING
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 6847.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Towns) that the House suspend the rules
and pass the bill, H.R. 6847.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________
STEPHANIE TUBBS JONES ORGAN TRANSPLANT AUTHORIZATION ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 6469, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 6469, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
{time} 1615
METH FREE FAMILIES AND COMMUNITIES ACT
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 6901.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 6901.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
[[Page 21824]]
____________________
TOM LANTOS PULMONARY HYPERTENSION RESEARCH AND EDUCATION ACT OF 2008
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 6568) to direct the Secretary of Health and Human Services
to encourage research and carry out an educational campaign with
respect to pulmonary hypertension, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6568
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tom Lantos Pulmonary
Hypertension Research and Education Act of 2008''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
Sec. 101. Expansion and intensification of activities.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
Sec. 201. Promoting public awareness.
Sec. 202. Promoting awareness among health care professionals.
TITLE I--RESEARCH ON PULMONARY HYPERTENSION
SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES.
(a) Sense of Congress.--It is the sense of the Congress
that--
(1) the Secretary of Health and Human Services (in this Act
referred to as the ``Secretary''), acting through the
Director of the National Institutes of Health and the
Director of the National Heart, Lung, and Blood Institute (in
this title referred to as the ``Institute''), should continue
aggressive work on pulmonary hypertension;
(2) as part of such work, the Director of the Institute
should continue research to expand the understanding of the
causes of, and to find a cure for, pulmonary hypertension;
and
(3) activities under paragraph (1) may include conducting
and supporting--
(A) basic research concerning the etiology and causes of
pulmonary hypertension;
(B) basic research on the relationship between scleroderma,
sickle cell anemia (and other conditions identified by the
Director of the Institute that can lead to a secondary
diagnosis of pulmonary hypertension), and pulmonary
hypertension;
(C) clinical research for the development and evaluation of
new treatments for pulmonary hypertension, including the
establishment of a ``Pulmonary Hypertension Clinical Research
Network'';
(D) support for the training of new clinicians and
investigators with expertise in the pulmonary hypertension;
and
(E) information and education programs for the general
public.
(b) Biennial Reports.--As part of the biennial report made
under section 403 of the Public Health Service Act (42 U.S.C.
283), the Secretary shall include information on the status
of pulmonary hypertension research at the National Institutes
of Health.
TITLE II--INCREASING AWARENESS OF PULMONARY HYPERTENSION
SEC. 201. PROMOTING PUBLIC AWARENESS.
(a) In General.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, shall
carry out an educational campaign to increase public
awareness of pulmonary hypertension. Print, video, and Web-
based materials distributed under this program may include--
(1) basic information on pulmonary hypertension and its
symptoms; and
(2) information on--
(A) the incidence and prevalence of pulmonary hypertension;
(B) diseases and conditions that can lead to pulmonary
hypertension as a secondary diagnosis;
(C) the importance of early diagnosis; and
(D) the availability, as medically appropriate, of a range
of treatment options and pulmonary hypertension.
(b) Dissemination of Information.--The Secretary is
encouraged to disseminate information under subsection (a)
through a cooperative agreement with a national nonprofit
entity with expertise in pulmonary hypertension.
(c) Report to Congress.--Not later than September 30, 2009,
the Secretary shall report to the Committee on Energy and
Commerce of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Appropriations of the House of Representatives
and the Senate on the status of activities under this
section.
(d) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $2,500,000 for each of fiscal years 2009, 2010,
and 2011.
SEC. 202. PROMOTING AWARENESS AMONG HEALTH CARE
PROFESSIONALS.
(a) In General.--The Secretary, acting through the
Administrator of the Health Resources and Services
Administration and the Director of the Centers for Disease
Control and Prevention, shall carry out an educational
campaign to increase awareness of pulmonary hypertension
among health care providers. Print, video, and Web-based
materials distributed under this program may include
information on--
(1) the symptoms of pulmonary hypertension;
(2) the importance of early diagnosis;
(3) current diagnostic criteria; and
(4) Food and Drug Administration-approved therapies for the
disease.
(b) Targeted Health Care Providers.--Health care providers
targeted through the campaign under subsection (a) shall
include, but not be limited to, cardiologists,
pulmonologists, rheumatologists, primary care physicians,
pediatricians, and nurse practitioners.
(c) Dissemination of Information.--The Secretary is
encouraged to disseminate information under subsection (a)
through a cooperative agreement with a national nonprofit
entity with expertise in pulmonary hypertension.
(d) Report to Congress.--Not later than September 30, 2009,
the Secretary shall report to the Committee on Energy and
Commerce of the House of Representatives, the Committee on
Health, Education, Labor, and Pensions of the Senate, and the
Committee on Appropriations of the House of Representatives
and the Senate on the status of activities under this
section.
(e) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $2,500,000 for each of fiscal years 2009, 2010,
and 2011.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of H.R. 6568, the Tom Lantos
Pulmonary Hypertension Research and Education Act of 2008, as
introduced by representative Kevin Brady and my good friend and the
Health Subcommittee's vice chair, Lois Capps.
Pulmonary hypertension is a rare lung disorder in which the blood
pressure in the pulmonary artery rises far above normal levels, usually
with no apparent reason. Symptoms include chronic fatigue, shortness of
breath, chest pains, palpitations, and fainting. According to the
Centers for Disease Control and Prevention, in 2002 there were 15,668
deaths and 260,000 hospital visits among persons with pulmonary
hypertension.
The number of hospitalizations related to pulmonary hypertension has
been increasing in recent years, especially among women. This measure
would help improve current research efforts on pulmonary hypertension,
as well as increased public awareness.
I want to thank my colleagues, Mr. Brady and Mrs. Capps for their
work on this legislation.
I also want to recognize my colleague, Mr. Lantos, who passed away
earlier this year. Passage of today's bill is a fitting tribute to
Representative Lantos and his work in raising awareness about pulmonary
hypertension and thousands of patients who suffer from it.
I urge my colleagues on both sides of the aisle to offer their
support for this very important bill, and I reserve the balance of my
time.
Mr. DEAL of Georgia. Madam Speaker, I too rise in support of this
legislation and want to commend the work of Mrs. Capps and also Mr.
Kevin Brady.
I would, at this time, yield to Mr. Brady as much time as he might
consume in support of this legislation, of which he was one of the
original sponsors.
Mr. BRADY of Texas. Let me first thank Mr. Deal for his remarkable
[[Page 21825]]
leadership in shepherding this bill to the floor. Without him
championing it through the Energy and Commerce Committee along with
Mrs. Capps, this simply would not be happening. I want to thank Mr.
Deal for his leadership on behalf of many, many, many patients.
I would also like to take a brief moment to reflect on the loss of my
friend and one of pulmonary hypertension's most important voices in
Congress, Tom Lantos. I know I speak for each one of us here when I say
that we have dearly missed Tom's passion for his work and for the House
of Representatives.
As chairman of the House Foreign Relations Committee, Tom was
regularly confronting some of the most pressing challenges facing our
country in the world today. Nevertheless, it was his work on PH that he
routinely cited the most important thing he was doing in Congress.
As many of us know, Tom's granddaughter, Charity, was diagnosed with
pulmonary hypertension several years ago. Ever since he had been a
tireless advocates on behalf of PH patients and, in my opinion, a large
part of why we have made so much progress over the last decade.
Like Tom, my involvement with PH is very personal. It is now more
than a decade since the daughter of my very good friend, Jack Stibbs,
was diagnosed with PH. Jack's daughter, Emily, was only 5 when her
parents noticed at a community parade that she was struggling to
bicycle fast enough to keep up with her friends. She always seemed out
of breath and struggled to climb stairs. Doctors eventually diagnosed
her with pulmonary hypertension.
PH is a serious and often-fatal condition where the blood pressure in
the lungs rises to dangerously high levels. In PH patients, the walls
of the arteries that take blood from the right side of the heart to the
lungs, thicken and constrict. As a result, the right side of the heart
has to pump harder and harder to move blood into the lungs, causing it
to enlarge and ultimately fail.
PH can occur without a known cause or be secondary to other
conditions, such as scleroderma, lupus, HIV, sickle cell, and liver
disease. Patients develop symptoms that include shortness of breath,
fatigue, chest pain, dizziness and fainting.
Unfortunately, these symptoms are frequently misdiagnosed, leaving
patients with the false impression that they have a minor pulmonary or
cardiovascular condition. By the time many patients receive an accurate
diagnosis, the disease has progressed to a late stage, making it
impossible to receive a necessary heart or lung transplant.
When Emily Stibbs was first diagnosed in 1977, the average survival
rate for PH patients was just 2\1/2\ years. There was only one FDA-
approved therapy at the time, and the best that doctors could do was to
make patients comfortable as their condition deteriorated. To make
matters worse, there is very little research on PH being supported by
the National Institutes of Health.
Fortunately we have come a very long way in a relatively short period
of time. There are now six FDA-approved therapies for PH with many,
many more in the pipeline. People are living longer with a better
quality of life than ever before. Our Federal health care agencies,
including the National Institutes of Health, Centers for Disease
Control and Food and Drug Administration are actively and aggressively
engaged in the fight against PH.
Those of us here on Capitol Hill are more aware of this disease than
ever before. The 247 Representatives who cosponsored our PH bill in the
last Congress are testament to that fact. But there is still more work
that can and must be done as pulmonary hypertension afflicts over
100,000 Americans and continues to strike women of child-bearing age in
growing numbers.
Representative Lois Capps has joined me in introducing the bill
before us today, the Tom Lantos Pulmonary Hypertension Research and
Education Act. This bill builds on what we have already accomplished
and further emphasizes the need for more research, more training and
more awareness.
Specifically, it urges the NIH to aggressively pursue collaborative
research into better treatments and provides funding to increase
physician and public awareness of the disease to ensure early and
accurate diagnoses. I am proud of what we have done together and
believe that a cure for PH is just around the corner, so long as we
continue to keep the National Institutes of Health and medical
community focused.
On behalf of pulmonary hypertension patients everywhere, I would like
to thank Representative Lois Capps for her leadership of this bill,
Energy and Commerce Chairman Dingell, Ranking Member Joe Barton, Health
Subcommittee Chairman Frank Pallone, and, as I mentioned before, my
dear friend, Nathan Deal, again, whose leadership was remarkable.
I conclude with this, over the last 10 years, we have decided that if
I did nothing else in Congress, I would find a cure for this incurable
disease.
I appreciate so much the Pulmonary Hypertension Association, which
has raised, over the years, $10 million for research and education; the
chairman of the association, Carl Hicks; its great president, Rino
Aldrighetti; Katie Kroner and Gavin Lindberg, who have spent many years
advocating on behalf of our patients in the association; Dr. Elizabeth
Nabel, director of the National Heart, Lung and Blood Institute, who
helped start the first Centers of Excellence for PH at the National
Institutes of Health; and finally the staff of the Energy and Commerce
Committee, including Jessica McNiece, Aarti Shaw, Brandon Clark, and
Ryan Long.
It takes a collaborative effort to tackle a disease like this. We are
making progress, and I am eternally grateful for their support.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the sponsor of the
legislation, the gentlewoman from California (Mrs. Capps).
Mrs. CAPPS. I thank the chairman of our Health subcommittee for
recognizing me.
Madam Speaker, I rise in support of H.R. 6568, for which I am proud
to be the lead Democratic sponsor.
I want to commend Congressman Kevin Brady for his tireless work on
behalf of pulmonary hypertension awareness over the last several years.
As the name of this legislation indicates, our dear friend and former
colleague, Tom Lantos, was a champion of working against this disease
because of a very personal connection, his lovely granddaughter,
Charity.
I am so proud that we could help the Lantos family fulfill their goal
of seeing this bill acted on during the 110th Congress. I am sure that
many of us will remember forever the day that Charity testified, that
was in December of 2005.
She testified before the Energy and Commerce Committee. She so
eloquently relayed to us the challenges of getting properly diagnosed
and then adjusting to her daily complex routine in order to cope with
her illness at the same time she pursued her musical career.
Pulmonary hypertension is a very rare disease, which is marked by
increased blood pressure in the pulmonary artery, as has been
described. There are very few treatments available, and this
legislation is aimed at improving research and awareness about the
disease so that we can find more effective treatments and, one day, a
cure.
I want to thank the Energy and Commerce majority and minority staff
for working hard to bring this bill up today, for the ranking member of
the minority Health committee for insisting that it come before us
today, and for the lead sponsor, again, Kevin Brady, for his efforts on
behalf of the pulmonary hypertension community.
Of course, we thank the Lantos family for their advocacy on behalf of
pulmonary hypertension, and the efforts to ensure this bill's passage
in Tom Lantos' memory.
Mr. DEAL of Georgia. Madam Speaker, I had the honor of chairing that
hearing that Mrs. Capps just referred to back in 2005 in the Energy and
Commerce Committee, Health Subcommittee, in which we had the first
[[Page 21826]]
hearing on pulmonary hypertension. The Honorable Tom Lantos'
granddaughter, Charity, did testify. She was a compelling witness, and
I think it is altogether fitting that this legislation be named in
honor of her grandfather.
I want to thank Mrs. Capps and Mr. Brady and all the others who have
worked so hard on this legislation. As Mr. Brady pointed out, this is
an excellent example of citizen advocates who have taken this issue to
heart and who have literally pushed this all the way. Without their
support, we probably would not have been able to get this legislation
to the floor. I commend all those who have had a hand in it.
Madam Speaker, I yield back the balance my time.
Mr. PALLONE. Madam Speaker, I have no further requests for time. I
would ask that everyone support this legislation, not only because of
the issue of pulmonary hypertension and research and the need for it,
but also as a tribute to Representative Lantos.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 6568, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
ALS REGISTRY ACT
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1382) to amend the Public Health Service Act to provide
for the establishment of an Amyotrophic Lateral Sclerosis Registry.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 1382
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ALS Registry Act''.
SEC. 2. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399R. AMYOTROPHIC LATERAL SCLEROSIS REGISTRY.
``(a) Establishment.--
``(1) In general.--Not later than 1 year after the receipt
of the report described in subsection (b)(2)(A), the
Secretary, acting through the Director of the Centers for
Disease Control and Prevention, may, if scientifically
advisable--
``(A) develop a system to collect data on amyotrophic
lateral sclerosis (referred to in this section as `ALS') and
other motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS,
including information with respect to the incidence and
prevalence of the disease in the United States; and
``(B) establish a national registry for the collection and
storage of such data to develop a population-based registry
of cases in the United States of ALS and other motor neuron
disorders that can be confused with ALS, misdiagnosed as ALS,
and in some cases progress to ALS.
``(2) Purpose.--It is the purpose of the registry
established under paragraph (1)(B) to--
``(A) better describe the incidence and prevalence of ALS
in the United States;
``(B) examine appropriate factors, such as environmental
and occupational, that may be associated with the disease;
``(C) better outline key demographic factors (such as age,
race or ethnicity, gender, and family history of individuals
who are diagnosed with the disease) associated with the
disease;
``(D) better examine the connection between ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS; and
``(E) other matters as recommended by the Advisory
Committee established under subsection (b).
``(b) Advisory Committee.--
``(1) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Secretary, acting
through the Director of the Centers for Disease Control and
Prevention, may establish a committee to be known as the
Advisory Committee on the National ALS Registry (referred to
in this section as the `Advisory Committee'). The Advisory
Committee shall be composed of not more than 27 members to be
appointed by the Secretary, acting through the Centers for
Disease Control and Prevention, of which--
``(A) two-thirds of such members shall represent
governmental agencies--
``(i) including at least one member representing--
``(I) the National Institutes of Health, to include, upon
the recommendation of the Director of the National Institutes
of Health, representatives from the National Institute of
Neurological Disorders and Stroke and the National Institute
of Environmental Health Sciences;
``(II) the Department of Veterans Affairs;
``(III) the Agency for Toxic Substances and Disease
Registry; and
``(IV) the Centers for Disease Control and Prevention; and
``(ii) of which at least one such member shall be a
clinician with expertise on ALS and related diseases, an
epidemiologist with experience in data registries, a
statistician, an ethicist, and a privacy expert (relating to
the privacy regulations under the Health Insurance
Portability and Accountability Act of 1996); and
``(B) one-third of such members shall be public members,
including at least one member representing--
``(i) national and voluntary health associations;
``(ii) patients with ALS or their family members;
``(iii) clinicians with expertise on ALS and related
diseases;
``(iv) epidemiologists with experience in data registries;
``(v) geneticists or experts in genetics who have
experience with the genetics of ALS or other neurological
diseases; and
``(vi) other individuals with an interest in developing and
maintaining the National ALS Registry.
``(2) Duties.--The Advisory Committee may review
information and make recommendations to the Secretary
concerning--
``(A) the development and maintenance of the National ALS
Registry;
``(B) the type of information to be collected and stored in
the Registry;
``(C) the manner in which such data is to be collected;
``(D) the use and availability of such data including
guidelines for such use; and
``(E) the collection of information about diseases and
disorders that primarily affect motor neurons that are
considered essential to furthering the study and cure of ALS.
``(3) Report.--Not later than 270 days after the date on
which the Advisory Committee is established, the Advisory
Committee may submit a report to the Secretary concerning the
review conducted under paragraph (2) that contains the
recommendations of the Advisory Committee with respect to the
results of such review.
``(c) Grants.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention, may award
grants to, and enter into contracts and cooperative
agreements with, public or private nonprofit entities for the
collection, analysis, and reporting of data on ALS and other
motor neuron disorders that can be confused with ALS,
misdiagnosed as ALS, and in some cases progress to ALS after
receiving the report under subsection (b)(3).
``(d) Coordination With State, Local, and Federal
Registries.--
``(1) In general.--In establishing the National ALS
Registry under subsection (a), the Secretary, acting through
the Director of the Centers for Disease Control and
Prevention, may--
``(A) identify, build upon, expand, and coordinate among
existing data and surveillance systems, surveys, registries,
and other Federal public health and environmental
infrastructure wherever possible, which may include--
``(i) any registry pilot projects previously supported by
the Centers for Disease Control and Prevention;
``(ii) the Department of Veterans Affairs ALS Registry;
``(iii) the DNA and Cell Line Repository of the National
Institute of Neurological Disorders and Stroke Human Genetics
Resource Center at the National Institutes of Health;
``(iv) Agency for Toxic Substances and Disease Registry
studies, including studies conducted in Illinois, Missouri,
El Paso and San Antonio, Texas, and Massachusetts;
``(v) State-based ALS registries;
``(vi) the National Vital Statistics System; and
``(vii) any other existing or relevant databases that
collect or maintain information on those motor neuron
diseases recommended by the Advisory Committee established in
subsection (b); and
``(B) provide for research access to ALS data as
recommended by the Advisory Committee established in
subsection (b) to the extent permitted by applicable statutes
and regulations and in a manner that protects personal
privacy consistent with applicable privacy statutes and
regulations.
``(2) Coordination with nih and department of veterans
affairs.--Consistent with applicable privacy statutes and
regulations, the Secretary may ensure that epidemiological
and other types of information obtained under subsection (a)
is made available to the
[[Page 21827]]
National Institutes of Health and the Department of Veterans
Affairs.
``(e) Definition.--For the purposes of this section, the
term `national voluntary health association' means a national
non-profit organization with chapters or other affiliated
organizations in States throughout the United States with
experience serving the population of individuals with ALS and
have demonstrated experience in ALS research, care, and
patient services.''.
SEC. 3. REPORT ON REGISTRIES.
Not later than 18 months after the date of enactment of
this Act, the Secretary of Health and Human Services may
submit to the appropriate committees of Congress a report
outlining--
(1) the registries currently under way;
(2) future planned registries;
(3) the criteria involved in determining what registries to
conduct, defer, or suspend; and
(4) the scope of those registries.
The report may also include a description of the activities
the Secretary undertakes to establish partnerships with
research and patient advocacy communities to expand
registries.
{time} 1630
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Nebraska (Mr. Terry) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of S. 1382, the ALS Registry Act.
ALS, more commonly known as Lou Gehrig's disease, is a fatal,
progressive neurodegenerative disease affecting approximately 5,600
Americans each year. It is estimated that as many as 30,000 Americans
have ALS at any given time, with an average life expectancy of 2 to 5
years from time of diagnosis.
Today, no single national patient registry collects and stores
information on the prevalence and incidence of ALS.
The ALS Registry Act would create a nationwide registry at the
Centers for Disease Control and Prevention for ALS and other related
motor neuron disorders. The patient registry would collect data which
is urgently needed for ALS research, disease management, and the
development of standards of care. This will allow us to make real
progress in better understanding ALS, and to develop measures for
prevention, treatment, and eventually a cure for this dreaded disease.
I would like to thank my dear friend and colleague on the Energy and
Commerce Committee Representative Eliot Engel for his dedication to
bringing this bill before us today. Eliot and I, along with Nita Lowey,
started the same time in Congress, which is about 20 years now. I
remember when we had the hearing on this. Mr. Engel is from New York
and talked a little about Lou Gehrig. I had actually been to a Yankees'
game just a few days before, and I saw so many people wearing Lou
Gehrig shirts, and I was amazed after so many years that that would
still be the case.
On October 16 of last year, we overwhelmingly passed the House
companion to S. 1382, and I strongly urge us to pass this bill by the
same margin. Please join me in enacting this important legislation.
I reserve the balance of my time.
Mr. TERRY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, as one of the coauthors of this bill, I rise in
support of Senate 1382, or at least the House version of this ALS
Registry Act.
ALS, sometimes called Lou Gehrig's disease, is a rapidly progressive
and invariably fatal neurological disease that attacks the nerve cells
responsible for controlling voluntary muscles. The disease belongs to a
group of disorders known as motor neuron diseases, which are
characterized by the gradual degeneration and death of motor neurons.
As many as 20,000 Americans have ALS, and an estimated 5,000 people
in the United States are diagnosed with the disease each year. ALS is
one of the most common neuromuscular diseases worldwide, and people of
all races and ethnic backgrounds are affected. ALS most commonly
strikes people between 40 and 60 years of age, but younger and older
people also can develop the disease.
Constituents suffering from what used to be called Lou Gehrig's
disease have been visiting Congress and asking for help for years. The
disease is brutal, and I believe that establishing a registry will help
researchers cure ALS. An ALS registry will serve as an excellent
resource for scientists.
I thank Mr. Engel and others like Mr. Deal who helped shepherd this
through our subcommittee and committee and in making sure that it got
here today.
Madam Speaker, I urge all Members to support this legislation.
I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 4 minutes to the sponsor of the
bill, the gentleman from New York (Mr. Engel).
Mr. ENGEL. I thank my good friend, the gentleman from New Jersey (Mr.
Pallone), with whom I have worked so closely during these past 20 years
on so many things, and he is doing a wonderful job as chairman of our
Health Subcommittee on the Energy and Commerce Committee.
Madam Speaker, I am so proud that through hard work and compromise
with the Senate, that today we will take up a final version of the ALS
Registry Act. The House has passed this bill before. It was stuck in
the Senate. We finally have it shaken loose and it is back with the
Senate version which we are proud to all support. Thanks to this
legislation, we will provide for the creation and maintenance of a
single, nationwide ALS registry at the Centers for Disease Control and
Prevention.
Amyotrophic lateral sclerosis, ALS, also known as Lou Gehrig's
disease, is a fatal, progressive neurodegenerative disease that affects
motor nerve cells in the brain and spinal cord. Approximately 5,600
people in the U.S. are diagnosed with ALS each year, and it is
estimated that as many as 30,000 Americans have the disease at any
given time. The average life expectancy for a person with ALS is 2 to 5
years from the time of diagnosis. The causes of ALS are not well
understood, and there is no known cure.
I first became aware of this disease through my grandmother. My
father's mother was diagnosed with this disease. I was only 2\1/2\ when
she passed away. As Mr. Pallone mentioned, the most famous person with
this disease is Lou Gehrig. I come from the Bronx where the Yankees
play, and Yankee Stadium just had its last game on Sunday evening. The
clips that we saw were from that famous speech that Lou Gehrig made at
Yankee Stadium. You could hear the echoes reverberating, saying that he
felt he was the luckiest man on the face of the Earth. And it is
fitting that today we pass this bill, just a few days after Yankee
Stadium where Lou Gehrig toiled for so many years is closing. This is a
fitting tribute to Lou Gehrig.
A single national patient registry which collects and stores
information on the prevalence and incidence of ALS does not exist in
the United States today, believe it or not, and that is what this bill
is going to change.
The establishment of a national registry will help identify the
incidence and prevalence of ALS and other motor neuron disorders in the
United States and collect data which is urgently needed for ALS
research, disease management and the development of standards of care
in order to significantly enhance the Nation's efforts to find a
treatment and cure for ALS.
I would like to thank Steve Gibson and Pat Wildman of the ALS
Association for their partnership on this bill. We have worked with
them for so many years, as well as William Garner of Chairman Dingell's
staff for his work on this bill. I would also like to thank John Ford,
formerly of Chairman Dingell's staff and Katherine Martin, formerly of
Ranking Member Barton's
[[Page 21828]]
staff who worked so diligently on this bill prior to its original House
passage in 2007.
I thank all my colleagues for it and urge them to pass this bill. It
has been a long time coming, but it is finally here.
Mr. TERRY. Madam Speaker, I have no further speakers, and I yield
back the balance of my time.
Mr. PALLONE. Madam Speaker, I would just urge passage of this
important legislation relevant to ALS, and I yield back the balance of
my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the Senate bill, S. 1382.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TERRY. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
PRENATALLY AND POSTNATALLY DIAGNOSED CONDITIONS AWARENESS ACT
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 1810) to amend the Public Health Service Act to
increase the provision of scientifically sound information and support
services to patients receiving a positive test diagnosis for Down's
syndrome or other prenatally and postnatally diagnosed conditions.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 1810
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prenatally and Postnatally
Diagnosed Conditions Awareness Act''.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) increase patient referrals to providers of key support
services for women who have received a positive diagnosis for
Down syndrome, or other prenatally or postnatally diagnosed
conditions, as well as to provide up-to-date information on
the range of outcomes for individuals living with the
diagnosed condition, including physical, developmental,
educational, and psychosocial outcomes;
(2) strengthen existing networks of support through the
Centers for Disease Control and Prevention, the Health
Resources and Services Administration, and other patient and
provider outreach programs; and
(3) ensure that patients receive up-to-date, evidence-based
information about the accuracy of the test.
SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT.
Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:
``SEC. 399R. SUPPORT FOR PATIENTS RECEIVING A POSITIVE
DIAGNOSIS OF DOWN SYNDROME OR OTHER PRENATALLY
OR POSTNATALLY DIAGNOSED CONDITIONS.
``(a) Definitions.--In this section:
``(1) Down syndrome.--The term `Down syndrome' refers to a
chromosomal disorder caused by an error in cell division that
results in the presence of an extra whole or partial copy of
chromosome 21.
``(2) Health care provider.--The term `health care
provider' means any person or entity required by State or
Federal law or regulation to be licensed, registered, or
certified to provide health care services, and who is so
licensed, registered, or certified.
``(3) Postnatally diagnosed condition.--The term
`postnatally diagnosed condition' means any health condition
identified during the 12-month period beginning at birth.
``(4) Prenatally diagnosed condition.--The term `prenatally
diagnosed condition' means any fetal health condition
identified by prenatal genetic testing or prenatal screening
procedures.
``(5) Prenatal test.--The term `prenatal test' means
diagnostic or screening tests offered to pregnant women
seeking routine prenatal care that are administered on a
required or recommended basis by a health care provider based
on medical history, family background, ethnic background,
previous test results, or other risk factors.
``(b) Information and Support Services.--
``(1) In general.--The Secretary, acting through the
Director of the National Institutes of Health, the Director
of the Centers for Disease Control and Prevention, or the
Administrator of the Health Resources and Services
Administration, may authorize and oversee certain activities,
including the awarding of grants, contracts or cooperative
agreements to eligible entities, to--
``(A) collect, synthesize, and disseminate current
evidence-based information relating to Down syndrome or other
prenatally or postnatally diagnosed conditions; and
``(B) coordinate the provision of, and access to, new or
existing supportive services for patients receiving a
positive diagnosis for Down syndrome or other prenatally or
postnatally diagnosed conditions, including--
``(i) the establishment of a resource telephone hotline
accessible to patients receiving a positive test result or to
the parents of newly diagnosed infants with Down syndrome and
other diagnosed conditions;
``(ii) the expansion and further development of the
National Dissemination Center for Children with Disabilities,
so that such Center can more effectively conduct outreach to
new and expecting parents and provide them with up-to-date
information on the range of outcomes for individuals living
with the diagnosed condition, including physical,
developmental, educational, and psychosocial outcomes;
``(iii) the expansion and further development of national
and local peer-support programs, so that such programs can
more effectively serve women who receive a positive diagnosis
for Down syndrome or other prenatal conditions or parents of
infants with a postnatally diagnosed condition;
``(iv) the establishment of a national registry, or network
of local registries, of families willing to adopt newborns
with Down syndrome or other prenatally or postnatally
diagnosed conditions, and links to adoption agencies willing
to place babies with Down syndrome or other prenatally or
postnatally diagnosed conditions, with families willing to
adopt; and
``(v) the establishment of awareness and education programs
for health care providers who provide, interpret, or inform
parents of the results of prenatal tests for Down syndrome or
other prenatally or postnatally diagnosed conditions, to
patients, consistent with the purpose described in section
2(b)(1) of the Prenatally and Postnatally Diagnosed
Conditions Awareness Act.
``(2) Eligible entity.--In this subsection, the term
`eligible entity' means--
``(A) a State or a political subdivision of a State;
``(B) a consortium of 2 or more States or political
subdivisions of States;
``(C) a territory;
``(D) a health facility or program operated by or pursuant
to a contract with or grant from the Indian Health Service;
or
``(E) any other entity with appropriate expertise in
prenatally and postnatally diagnosed conditions (including
nationally recognized disability groups), as determined by
the Secretary.
``(3) Distribution.--In distributing funds under this
subsection, the Secretary shall place an emphasis on funding
partnerships between health care professional groups and
disability advocacy organizations.
``(c) Provision of Information to Providers.--
``(1) In general.--A grantee under this section shall make
available to health care providers of parents who receive a
prenatal or postnatal diagnosis the following:
``(A) Up-to-date, evidence-based, written information
concerning the range of outcomes for individuals living with
the diagnosed condition, including physical, developmental,
educational, and psychosocial outcomes.
``(B) Contact information regarding support services,
including information hotlines specific to Down syndrome or
other prenatally or postnatally diagnosed conditions,
resource centers or clearinghouses, national and local peer
support groups, and other education and support programs as
described in subsection (b)(2).
``(2) Informational requirements.--Information provided
under this subsection shall be--
``(A) culturally and linguistically appropriate as needed
by women receiving a positive prenatal diagnosis or the
family of infants receiving a postnatal diagnosis; and
``(B) approved by the Secretary.
``(d) Report.--Not later than 2 years after the date of
enactment of this section, the Government Accountability
Office shall submit a report to Congress concerning the
effectiveness of current healthcare and family support
programs serving as resources for the families of children
with disabilities.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
[[Page 21829]]
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of S. 1810, the Prenatally and
Postnatally Diagnosed Condition Awareness Act, legislation introduced
by Senator Brownback.
Madam Speaker, this legislation would ensure that pregnant women or
mothers of newborns with a prenatally or postnatally diagnosed
condition have timely access to updated, scientific information about
the life expectancy, intellectual and functional development and
treatment options for their child.
In addition, this legislation would provide families with referrals
to support services; improve our Nation's epidemiological understanding
of prenatally and postnatally diagnosed conditions; and support health
care providers to provide the results of prenatal or postnatal tests to
patients.
I would like to once again thank all of my colleagues, especially Mr.
Sensenbrenner, the sponsor of the House companion legislation, for all
of their hard work. I urge my colleagues on both sides of the aisle to
support its passage.
I reserve the balance of my time.
Mr. DEAL of Georgia. Madam Speaker, at this time I would like to
yield such time she may consume to Representative McMorris Rodgers.
Mrs. McMORRIS RODGERS. Madam Speaker, I rise in strong support of
Senate bill 1810, the Prenatally and Postnatally Diagnosed Conditions
Awareness Act. I believe that this bill is a positive step forward in
helping new and expecting parents of children with special needs get
accurate information on the real potential of their children. This sort
of information is critical at the time of diagnosis.
This legislation is very important to me because I am the proud
mother of an amazing baby boy, Cole McMorris Rodgers. Two years ago my
life changed when I found out I was expecting my first child, and it
changed even more dramatically when Cole was born a month early and he
was diagnosed with Down syndrome. Cole turned a year old in April; and
looking back on the last year, I can't imagine life without him.
Everywhere I go, I have met people who share their stories of being
touched by a loved one with special needs. They always share with me
the positive impacts that this person has had in their life. It has
helped me see just a glimpse of the amazing impact that my son is going
to have on our lives as well as this world.
The bill we are considering today will help parents who either
receive news that their child may be born with a genetic disorder or
some other abnormality, or a child that has been diagnosed from birth
up until 12 months of age, with current and reliable information about
the many services and support networks available.
When new and expecting parents are told that their child will have
some kind of genetic disorder, it is a very difficult and sometimes an
overwhelming experience. And yet a study by Louis Harris and Associates
found that medical professionals are more likely than any other group
to underestimate the quality of life experienced by people with
disabilities.
This situation is not due to a lack of will by parent support groups
or disability advocacy groups. These organizations have tried countless
ways to reach out to parents who have received a prenatal diagnosis.
Unfortunately, many geneticists and OB-GYNs believe that parents of
children with these conditions and adults living with these conditions
are biased.
Specifically, this bill provides for the establishment of a resource
telephone hotline, a Web site, and the expansion of the leading
information clearinghouse on disabilities so that it can more
effectively provide parents with accurate and up-to-date information on
their child's condition, along with the available resources and
services.
I applaud the work of Senators Brownback and Kennedy for their great
work on this important bill. Their commitment to the disability
community is commendable, and I urge colleagues on both sides of the
aisle to join me in support of S. 1810.
Madam Speaker, I rise today in strong support for S. 1810, the
Prenatally and Postnatally Diagnosed Conditions Awareness Act. I
believe this bill is a positive step forward in helping new and
expecting parents of children with special needs get accurate
information on the real potential of their children. This sort of
information is critical at the time of diagnosis.
This legislation is very important to me because I am the proud
mother of an amazing baby boy--Cole McMorris Rodgers. Two years ago, my
life changed when I found out I was expecting my first child. It
changed even more drastically when Cole was born a month early and was
diagnosed with Down syndrome. Cole turned 1 year old at the end of
April, and looking back on the last year, I can't imagine my life
without him.
Everywhere I go, I've met people who share their stories about a
loved one who has special needs and they always share with me the
positive impact that this person had in their life. It has helped me
see a glimpse of the amazing impact my son is going to have on our
lives and in this world.
Because of my personal experiences with my son Cole, I have made it
my personal goal to increase awareness of the capabilities, value, and
worth of people with disabilities. I am committed to helping families
and individuals with disabilities have an opportunity to lead full,
happy and productive lives.
Today, because of the advances in technology, we offer diagnosis for
Down syndrome prenatally and soon we will be able to diagnose other
genetic disorders and diseases prenatally. The question is every person
in America is, ``what are we going to do with this information and help
parents when they receive the news of a diagnosis?''
The bill we are considering today will help parents who either
receive the news that their child may be born with a disability, or
their child has been diagnosed from birth up until 12 months of age,
with current and reliable information about the many services and
support networks available. This is a distressing and confusing time
for parents of special children and it is so important for them to know
that they are not alone, others have struggled with the same questions,
and answers are available.
When new or expecting parents are told that their child will have a
disability it is a very difficult and sometimes overwhelming
experience. And yet, a study by Louis Harris and Associates found that
medical professionals are more likely than any other group to
underestimate the quality of life experienced by people with
disabilities.
This situation is not due to a lack of will by the parent support
groups and disability advocacy groups. These organizations have tried
countless ways to reach out to parents who have received prenatal
diagnoses of various conditions. Unfortunately, many geneticists and
OB-GYNs believe that the parents of children with these conditions and
the adults living with these conditions are biased.
Specifically, this bill provides for the establishment of a resource
telephone hotline, a Web site, and the expansion of the leading
information clearinghouse on disability, so that it can more
effectively provide parents with accurate, up-to-date information on
their child's condition along with available resources and services. S.
1810 also provides for the expansion and development of national and
local parent support programs, so that they can more effectively reach
out to new parents. In addition, this bill establishes a national
registry of parents willing to adopt children with these disabilities.
Finally, it establishes awareness and education programs for health
care providers who give parents the results of these tests.
I applaud the work of Senators Brownback and Kennedy for their great
work on this important bill. Their commitment to the disability
community is commendable. I urge my colleagues on both sides of the
aisle to join me in support of passage of S. 1810, the Prenatally and
Postnatally Diagnosed Conditions Awareness Act. I hope that this bill
will provide these parents with the information and support they so
desperately need during a critical time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
Ohio (Mr. Ryan).
Mr. RYAN of Ohio. I thank the gentleman for the opportunity.
[[Page 21830]]
I am proud to have joined as the lead Democratic cosponsor with the
gentleman from Wisconsin (Mr. Sensenbrenner) on the House version of
this legislation. I would like to thank Mr. Sensenbrenner, Senator
Brownback, and Senator Kennedy for their leadership in moving this
bill.
Last year, Congresswoman DeLauro and I introduced legislation called
Reducing the Need for Abortions and Supporting Parents Act which
contains a provision similar to what is in this bill before us now.
What this bill does is make a commitment to new and expectant mothers
whose child receives a diagnosis for Down syndrome or other prenatally
or postnatally diagnosed conditions. Society will be there, and it
tells them that society will be there to support you. We will bring
every resource to bear to ensure that you are able to raise a beautiful
baby.
Never should a pregnant woman feel that her options are limited by a
lack of public support for the types of social services that could help
her, her family, and her baby.
{time} 1645
The sad reality, Madam Speaker, is that over 90 percent of
pregnancies with a diagnosis of Down Syndrome are aborted. This should
not and need not be the case. We have not done enough to help these
women and their families. We must do more to get them the support they
need, the support they deserve, and this bill is a crucial step in that
direction.
Lastly, I would like to thank Speaker Pelosi, Minority Leader Boehner
and my friends on the other side of the aisle for working together to
get this common ground legislation passed.
Mr. DEAL of Georgia. Madam Speaker, I am pleased to yield to one of
the leaders on this subject matter here in the House, the gentleman
from Wisconsin (Mr. Sensenbrenner).
Mr. SENSENBRENNER. Madam Speaker, I'm pleased that the House is
considering Senate 1810, the Prenatally and Postnatally Diagnosed
Conditions Awareness Act. This bill would ensure that families who
receive a diagnosis of Down Syndrome or any other condition, prenatally
or up to a year after birth, receive information, referrals and support
in a number of ways.
I first introduced the House companion bill in 2005. Research has
indicated that when parents are confronted with a complex prenatal test
result indicating their child may be born with a level of disability,
they're not receiving comprehensive information regarding the accuracy
of the test, nor are they receiving up-to-date information regarding
life expectancy, developmental potential or quality of life of
individuals with these disabilities.
Mothers of children born with Down Syndrome have reported that
doctors did not tell them about the potential of people with Down
Syndrome, nor did they feel like they received contact information for
parent support groups. This is unfortunate, particularly in light of
mothers reporting that the shortcomings were happening at an emotional
time.
This Act will require health care providers who deliver a positive
test diagnosis to also deliver referrals to key support services in the
community, as well as up-to-date science-based information about the
life expectancy, developmental potential and treatment options for
individuals with prenatally diagnosable conditions. The accuracy and
integrity of this information is of the utmost importance.
Patients would be provided with support through the Centers for
Disease Control patient and provider outreach programs. A hot line and
Web site for newly diagnosed patients would be established, and peer
support groups and network would be formed to provide personal support.
My wife, Cheryl, has a sister living with Down Syndrome. I have
witnessed firsthand what a wonderful and capable woman my sister-in-law
has become. Tara Rae Warren completed her high school education, is
financially independent, and lectures to students of special education
on the challenges of the disability. Cheryl's family has always been
there for her, and we have worked through the challenges by having a
positive support structure.
My hope is that all families with diagnosed children can gain access
to positive current information and the network of supportive families.
Informed decision-making is better for everyone involved.
I urge my colleagues to join me in support of this important bill.
Mr. PALLONE. Madam Speaker, I have no further speakers, and I yield
back the balance of my time and ask that everyone support this
legislation.
Mr. DEAL of Georgia. Madam Speaker, I urge my colleagues to join us
in taking this very first important step of dealing with the care and
the quality of care for individuals who suffer from Down Syndrome and
for their families. I urge the adoption of this legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the Senate bill, S. 1810.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate bill was passed.
A motion to reconsider was laid on the table.
____________________
POISON CENTER SUPPORT, ENHANCEMENT, AND AWARENESS ACT OF 2008
Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the
Senate bill (S. 2932) to amend the Public Health Service Act to
reauthorize the poison center national toll-free number, national media
campaign, and grant program to provide assistance for poison
prevention, sustain the funding of poison centers, and enhance the
public health of people of the United States.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 2932
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poison Center Support,
Enhancement, and Awareness Act of 2008''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Poison control centers are the primary defense of the
United States against injury and deaths from poisoning.
Twenty-four hours a day, the general public as well as health
care practitioners contact their local poison control centers
for help in diagnosing and treating victims of poisoning. In
2007, more than 4,000,000 calls were managed by poison
control centers providing ready and direct access for all
people of the United States, including many underserved
populations in the United States, with vital emergency public
health information and response.
(2) Poisoning is the second most common form of
unintentional death in the United States. In any given year,
there will be between 3,000,000 and 5,000,000 poison
exposures. Sixty percent of these exposures will involve
children under the age of 6 who are exposed to toxins in
their home. Poisoning accounts for 285,000 hospitalizations,
1,200,000 days of acute hospital care, and more than 26,000
fatalities in 2005.
(3) In 2008, the Harvard Injury Control Research Center
reported that poisonings from accidents and unknown
circumstances more than tripled in rate since 1990. In 2005,
the last year for which data are available, 26,858 people
died from accidental or unknown poisonings. This represents
an increase of 20,000 since 1990 and an increase of 2,400
between 2004 and 2005. Fatalities from poisoning are
increasing in the United States in near epidemic proportions.
The funding of programs to reverse this trend is needed now
more than ever.
(4) In 2004, The Institute of Medicine of the National
Academy of Sciences recommended that ``Congress should amend
the current Poison Control Center Enhancement and Awareness
Act Amendments of 2003 to provide sufficient funding to
support the proposed Poison Prevention and Control System
with its national network of poison centers. Support for the
core activities at the current level of service is estimated
to require more than $100 million annually.''.
(5) Sustaining the funding structure and increasing
accessibility to poison control centers will promote the
utilization of poison control centers and reduce the
inappropriate use of emergency medical services and other
more costly health care services. The 2004 Institute of
Medicine Report to Congress determined that for every $1
invested in the Nation's poison control centers $7 of health
care costs are saved. In 2005, direct Federal
[[Page 21831]]
health care program savings totaled in excess of $525,000,000
as the result of poison control center public health
services.
(6) More than 30 percent of the cost savings and financial
benefits of the Nation's network of poison control centers
are realized annually by Federal health care programs
(estimated to be more than $1,000,000,000), yet Federal
funding support (as demonstrated by the annual authorization
of $30,100,000 in Public Law 108-194) comprises less than 11
percent of the annual network expenditures of poison centers.
(7) Real-time data collected from the Nation's certified
poison control centers can be an important source of
information for the detection, monitoring, and response for
contamination of the air, water, pharmaceutical, or food
supply.
(8) In the event of a terrorist event, poison control
centers will be relied upon as a critical source for accurate
medical information and public health emergency response
concerning the treatment of patients who have had an exposure
to a chemical, radiological, or biological agent.
SEC. 3. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL
TOLL-FREE NUMBER.
Section 1271 of the Public Health Service Act (42 U.S.C.
300d-71) is amended to read as follows:
``SEC. 1271. MAINTENANCE OF THE NATIONAL TOLL-FREE NUMBER.
``(a) In General.--The Secretary shall provide coordination
and assistance to poison control centers for the
establishment of a nationwide toll-free phone number, and the
maintenance of such number, to be used to access such
centers.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated $2,000,000 for fiscal year 2009 to carry
out this section, and $700,000 for each of fiscal years 2010
through 2014 for the maintenance of the nationwide toll free
phone number under subsection (a).''.
SEC. 4. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO
PROMOTE POISON CONTROL CENTER UTILIZATION.
(a) In General.--Section 1272 of the Public Health Service
Act (42 U.S.C. 300d-72) is amended to read as follows:
``SEC. 1272. NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON
CONTROL CENTER UTILIZATION.
``(a) In General.--The Secretary shall carry out, and
expand upon, a national media campaign to educate the public
and health care providers about poison prevention and the
availability of poison control center resources in local
communities and to conduct advertising campaigns concerning
the nationwide toll-free number established under section
1271(a).
``(b) Contract With Entity.--The Secretary may carry out
subsection (a) by entering into contracts with one or more
public or private entities, including nationally recognized
organizations in the field of poison control and national
media firms, for the development and implementation of a
nationwide poison prevention and poison control center
awareness campaign, which may include--
``(1) the development and distribution of poison prevention
and poison control center awareness materials;
``(2) television, radio, Internet, and newspaper public
service announcements; and
``(3) other activities to provide for public and
professional awareness and education.
``(c) Evaluation.--The Secretary shall--
``(1) establish baseline measures and benchmarks to
quantitatively evaluate the impact of the nationwide media
campaign carried out under this section; and
``(2) on an annual basis, prepare and submit to the
appropriate committees of Congress, an evaluation of the
nationwide media campaign.
``(d) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, such sums as
may be necessary for fiscal year 2009, and $800,000 for each
of fiscal years 2010 through 2014.''.
(b) Effective Date.--The amendment made by this section
shall be effective on the date of the enactment of this Act
and shall apply to contracts entered into on or after January
1, 2009.
SEC. 5. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT
PROGRAM.
(a) In General.--Section 1273 of the Public Health Service
Act (42 U.S.C. 300d-73) is amended to read as follows:
``SEC. 1273. MAINTENANCE OF THE POISON CONTROL CENTER GRANT
PROGRAM.
``(a) Authorization of Program.--The Secretary shall award
grants to poison control centers certified under subsection
(c) (or granted a waiver under subsection (d)) and
professional organizations in the field of poison control for
the purposes of preventing, and providing treatment
recommendations for, poisonings and complying with the
operational requirements needed to sustain the certification
of the center under subsection (c).
``(b) Additional Uses of Funds.--In addition to the
purposes described in subsection (a), a poison center or
professional organization awarded a grant, contract, or
cooperative agreement under such subsection may also use
amounts received under such grant, contract, or cooperative
agreement--
``(1) to establish and evaluate best practices in the
United States for poison prevention, poison control center
outreach, and emergency and preparedness programs;
``(2) to research, develop, implement, revise, and
communicate standard patient management guidelines for
commonly encountered toxic exposures;
``(3) to improve national toxic exposure surveillance by
enhancing cooperative activities between poison control
centers in the United States and the Centers for Disease
Control and Prevention;
``(4) to develop, support, and enhance technology and
capabilities of professional organizations in the field of
poison control to collect national poisoning, toxic
occurrence, and related public health data;
``(5) to develop initiatives to foster the enhanced public
health utilization of national poison data collected by
organizations described in paragraph (4);
``(6) to support and expand the toxicologic expertise
within poison control centers; and
``(7) to improve the capacity of poison control centers to
answer high volumes of calls and respond during times of
national crisis or other public health emergencies.
``(c) Certification.--Except as provided in subsection (d),
the Secretary may award a grant to a poison control center
under subsection (a) only if--
``(1) the center has been certified by a professional
organization in the field of poison control, and the
Secretary has approved the organization as having in effect
standards for certification that reasonably provide for the
protection of the public health with respect to poisoning; or
``(2) the center has been certified by a State government,
and the Secretary has approved the State government as having
in effect standards for certification that reasonably provide
for the protection of the public health with respect to
poisoning.
``(d) Waiver of Certification Requirements.--
``(1) In general.--The Secretary may grant a waiver of the
certification requirements of subsection (c) with respect to
a noncertified poison control center that applies for a grant
under this section if such center can reasonably demonstrate
that the center will obtain such a certification within a
reasonable period of time as determined appropriate by the
Secretary.
``(2) Renewal.--The Secretary may renew a waiver under
paragraph (1).
``(3) Limitation.--In no case may the sum of the number of
years for a waiver under paragraph (1) and a renewal under
paragraph (2) exceed 5 years. The preceding sentence shall
take effect as of the date of the enactment of the Poison
Center Support, Enhancement, and Awareness Act of 2008.
``(e) Supplement Not Supplant.--Amounts made available to a
poison control center under this section shall be used to
supplement and not supplant other Federal, State or local
funds provided for such center.
``(f) Maintenance of Effort.--A poison control center, in
utilizing the proceeds of a grant under this section, shall
maintain the expenditures of the center for activities of the
center at a level that is not less than the level of
expenditures maintained by the center for the fiscal year
preceding the fiscal year for which the grant is received.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $27,500,000 for
fiscal year 2009, and $28,600,000 for each of fiscal years
2010 through 2014. The Secretary may utilize not to exceed 8
percent of the amount appropriated under this preceding
sentence in each fiscal year for coordination, dissemination,
technical assistance, program evaluation, data activities,
and other program administration functions that do not
include grants, contracts, or cooperative agreements under
subsections (a) and (b), which are determined by the
Secretary to be appropriate for carrying out the program
under this section.''.
(b) Effective Date.--The amendment made by this section
shall be effective as of the date of the enactment of this
Act and shall apply to grants made on or after January 1,
2009.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Nebraska (Mr. Terry) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
[[Page 21832]]
Madam Speaker, I rise in strong support of S. 2932, the Poison
Control Center Support Enhancement and Awareness Act sponsored by
Senator Patty Murray of Washington.
I also want to thank my colleagues on the Energy and Commerce
Committee, Mr. Towns and Mr. Terry, who have worked very hard on the
House companion legislation which they have cosponsored.
Madam Speaker, Poison Control Centers are our Nation's primary
defense against injury and deaths from poisoning. These centers are on
call 24 hours a day to help providers and the public with possible
exposures to poison.
In addition, poison centers provide essential follow-up care,
professional health care provider education, nationwide data collection
on poisoning, as well as a number of other services.
Madam Speaker, these centers are of tremendous value to our
communities. The bill would provide our Nation's Poison Control Centers
with the necessary funding to continue their important mission.
I urge my colleagues on both sides of the aisle to offer their
support.
I reserve the balance of my time.
Mr. TERRY. Madam Speaker, I yield myself as much time as I may
consume.
As the coauthor of the House version of the Poison Center Support
Enhancement and Awareness Act, I rise in support of Senate 2932.
I'd also like to commend Senator Murray and my fellow coauthor,
Congressman Towns, for their work on this bill.
The Poison Center Support Enhancement and Awareness Act of 2008
reauthorizes the Poison Control Center program for an additional 5
years. Poison Control Centers are medical facilities that provide
immediate, free and expert treatment advice and assistance in case of
exposure to poisonous or hazardous substances.
As a parent of a young child, in fact, three young children, I
recognize how important it is to be able to have the entity like Poison
Control Centers to call in times of distress. I'm glad to see that this
program can continue offering its much needed services in our local
communities.
Madam Speaker, I urge all of my colleagues to support this
legislation.
I reserve the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the sponsor of the
legislation, the gentleman from New York (Mr. Towns).
Mr. TOWNS. Thank you very much, Chairman Pallone, and, of course,
Congressman Terry and Chairman Dingell and Ranking Member Barton and
Deal for their leadership on the Poison Control Center measure.
Congressman Lee Terry and I introduced H.R. 5669, the Poison Center
Support Enhancement and Awareness Act of 2008, which passed by greater
than 300 votes on the House floor. The Senate modified the measure
slightly, and we now must pass the Senate version and quickly get it to
the President.
I again ask my colleagues to vote in support of S. 2932. This bill
saves many lives. Especially children and seniors have been saved by
the Poison Control Centers. Therefore, I encourage my colleagues to
support this life-saving amendment.
Mr. TERRY. Having no further speakers, Madam Speaker, I yield back
the balance of our time.
Mr. PALLONE. Madam Speaker, I have no further requests. I urge
support of the bill, and yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the Senate bill, S. 2932.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TERRY. Madam Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________
SUPPORTING THE GOALS AND IDEALS OF TAY-SACHS AWARENESS MONTH
Mr. PALLONE. Madam Speaker, I move to suspend the rules and agree to
the resolution (H. Res. 1333) supporting the goals and ideals of Tay-
Sachs Awareness Month, as amended.
The Clerk read the title of the resolution.
The text of the resolution is as follows:
H. Res. 1333
Whereas Tay-Sachs disease is a rare, genetic disorder that
causes destruction of nerve cells in the brain and spinal
cord due to the poor functioning of an enzyme called beta-
hexosaminidase A;
Whereas there is no proven treatment or cure for Tay-Sachs
disease, which is always fatal in children;
Whereas the disorder was named after Warren Tay, an
ophthalmologist from the United Kingdom, and Bernard Sachs, a
neurologist from the United States, both of whom contributed
to the discovery of the disease in 1881 and 1887,
respectively;
Whereas Tay-Sachs disease often affects families with no
prior history of the disease;
Whereas approximately 1 in 27 Ashkenazi Jews, 1 in 30
Louisianan Cajuns, 1 in 30 French Canadians, 1 in 50 Irish
Americans, and 1 in every 250 people are carriers of Tay-
Sachs disease;
Whereas approximately 1,200,000 Americans are carriers of
Tay-Sachs disease;
Whereas these unaffected carriers of the disease possess
the recessive gene that can trigger the disease in future
generations;
Whereas if both parents of a child are carriers of Tay-
Sachs disease, there is a 1 in 4 chance that the child will
develop Tay-Sachs disease;
Whereas a blood test can determine if an individual is a
carrier of Tay-Sachs disease, and those citizens who are
members of high-risk populations should consider being
screened; and
Whereas heightened awareness and continued research efforts
are the best ways to find a treatment for this horrific
disease: Now, therefore, be it
Resolved, That the House of Representatives supports the
goals and ideals of Tay-Sachs Awareness Month and encourages
and supports education and research efforts with respect to
Tay-Sachs disease.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in support of H. Res. 1333, Supporting the
Goals and Ideals of Tay-Sachs Awareness Month.
Tay-Sachs is a rare genetic disorder that causes destruction of nerve
cells in the brain and spinal cord. It usually develops in infants and
leads to blindness and paralysis before ultimately giving way to death.
Unfortunately, there is presently no treatment or cure for this
disease.
The resolution before us today supports education and continued
research efforts to combat Tay-Sachs disease so that one day we may
find a cure.
I want to thank my colleague, Representative Arcuri from New York,
for his work in raising this important issue. I know this issue is
close to his heart and I want to express my gratitude to him.
I urge my colleagues to support this important resolution.
I reserve the balance of my time.
Mr. DEAL of Georgia. Madam Speaker, I too rise in support of this
legislation. Presently, there is no treatment for Tay-Sachs disease.
But I would like to thank the National Institute of Neurological
Disorders and Stroke for their efforts to reduce the burden of
neurological disease. They are part of the National Institutes of
Health, and
[[Page 21833]]
they conduct research on this particular disease in laboratories at
NIH, and also support additional research through grants to major
medical institutions across the country.
It is important for us to understand and to become more aware of this
particular problem, and that's what this legislation seeks to do. I
would urge its support.
I yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 2 minutes to the gentleman from
New York (Mr. Arcuri).
Mr. ARCURI. Madam Speaker, I rise today in strong support of House
Resolution 1333, which recognizes this September 2008 as Tay-Sachs
Disease Awareness Month. I am proud to cosponsor this resolution, and I
commend my friend from Ohio, Senator Brown, for spearheading a
companion resolution in the Senate.
Tay-Sachs Disease is a progressive neurological disorder for which
there is no treatment or cure. The most common form of it affects
infants who appear healthy at birth and seem to develop normally at
first; but at around 6 months, symptoms of the disease begin to appear.
The baby gradually begins to regress, losing the ability to crawl, turn
over, sit or reach out. Eventually, as paralysis sets in, the child
becomes blind, deaf and unable to swallow. Tragically, few infants born
with Tay-Sachs live past the age of 5.
This terrible disease appears most often in families with no prior
history because the Tay-Sachs gene can be carried through many
generations without being expressed. However, when two carriers of the
gene become parents, there is a 1-in-4 chance that any child they have
may be born with the disease.
While about 1.2 million Americans are carriers of the Tay-Sachs gene,
certain populations are at much higher risk. About 1 in 30 American
Jews, 1 in 50 Irish Americans is a carrier. French Canadians, Louisiana
Cajuns, Pennsylvania Dutch are high risk populations, but all
populations are at risk.
It's easy to reduce this terrible disease like Tay-Sachs to
statistics, but there are real human stories behind these statistics
that must not be overlooked. My wife's son, Joey Deon, was born a
happy, healthy and all around pleasant baby. There was no warning he
would be afflicted by this terrible disease. But at the age of 1 he
began to show symptoms. His mother, like many other parents of children
with Tay-Sachs, was forced to watch a once active, healthy baby slowly
lose his bodily functions.
{time} 1700
God came to claim his angel in his sleep one day before his 5th
birthday. Thankfully, he did not suffer as many with this disease do
suffer.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. PALLONE. I yield the gentleman an additional 2 minutes.
Mr. ARCURI. He did not suffer, but very often children afflicted with
this disease suffer badly before death.
Madam Speaker, a simple blood test can identify carriers of the Tay-
Sachs gene before they have children. But very few people, including
those in high-risk populations, are aware of its availability. This
critical test can identify carrier couples before a tragedy occurs.
Raising awareness of this terrible disease is important, but it is
critical that we also put the words into actions.
Millions of Americans who suffer from rare diseases like Tay-Sachs
and more common diseases like cancer stand to benefit from an expanded
Federal commitment to stem cell research. We must also continue to
increase funding for the National Institutes of Health. Federal support
for cutting-edge biomedical research will make treatments and cures for
diseases like Tay-Sachs a reality.
I urge my colleagues to support House Resolution 1333 and Tay-Sachs
Awareness Month.
Mr. PALLONE. Madam Speaker, I have no further speakers, and I would
urge support of the legislation.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and agree to the resolution, H. Res. 1333, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the resolution, as amended, was agreed to.
A motion to reconsider was laid on the table.
____________________
HEALTH CARE SAFETY NET ACT OF 2008
Mr. PALLONE. Madam Speaker, I move to suspend the rules and concur in
the Senate amendment to the bill (H.R. 1343) to amend the Public Health
Service Act to provide additional authorizations of appropriations for
the health centers program under section 330 of such Act, and for other
purposes.
The Clerk read the title of the bill.
The text of the Senate amendment is as follows:
Senate amendment:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Safety Net Act
of 2008''.
SEC. 2. COMMUNITY HEALTH CENTERS PROGRAM OF THE PUBLIC HEALTH
SERVICE ACT.
(a) Additional Authorizations of Appropriations for the
Health Centers Program of Public Health Service Act.--Section
330(r) of the Public Health Service Act (42 U.S.C. 254b(r))
is amended by amending paragraph (1) to read as follows:
``(1) In general.--For the purpose of carrying out this
section, in addition to the amounts authorized to be
appropriated under subsection (d), there are authorized to be
appropriated--
``(A) $2,065,000,000 for fiscal year 2008;
``(B) $2,313,000,000 for fiscal year 2009;
``(C) $2,602,000,000 for fiscal year 2010;
``(D) $2,940,000,000 for fiscal year 2011; and
``(E) $3,337,000,000 for fiscal year 2012.''.
(b) Studies Relating to Community Health Centers.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``community health center'' means a health
center receiving assistance under section 330 of the Public
Health Service Act (42 U.S.C. 254b); and
(B) the term ``medically underserved population'' has the
meaning given that term in such section 330.
(2) School-based health center study.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United
States shall issue a study of the economic costs and benefits
of school-based health centers and the impact on the health
of students of these centers.
(B) Content.--In conducting the study under subparagraph
(A), the Comptroller General of the United States shall
analyze--
(i) the impact that Federal funding could have on the
operation of school-based health centers;
(ii) any cost savings to other Federal programs derived
from providing health services in school-based health
centers;
(iii) the effect on the Federal Budget and the health of
students of providing Federal funds to school-based health
centers and clinics, including the result of providing
disease prevention and nutrition information;
(iv) the impact of access to health care from school-based
health centers in rural or underserved areas; and
(v) other sources of Federal funding for school-based
health centers.
(3) Health care quality study.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this Act as the ``Secretary''),
acting through the Administrator of the Health Resources and
Services Administration, and in collaboration with the Agency
for Healthcare Research and Quality, shall prepare and submit
to the Committee on Health, Education, Labor, and Pensions of
the Senate and the Committee on Energy and Commerce of the
House of Representatives a report that describes agency
efforts to expand and accelerate quality improvement
activities in community health centers.
(B) Content.--The report under subparagraph (A) shall focus
on--
(i) Federal efforts, as of the date of enactment of this
Act, regarding health care quality in community health
centers, including quality data collection, analysis, and
reporting requirements;
(ii) identification of effective models for quality
improvement in community health centers, which may include
models that--
(I) incorporate care coordination, disease management, and
other services demonstrated to improve care;
(II) are designed to address multiple, co-occurring
diseases and conditions;
(III) improve access to providers through non-traditional
means, such as the use of remote monitoring equipment;
(IV) target various medically underserved populations,
including uninsured patient populations;
(V) increase access to specialty care, including referrals
and diagnostic testing; and
[[Page 21834]]
(VI) enhance the use of electronic health records to
improve quality;
(iii) efforts to determine how effective quality
improvement models may be adapted for implementation by
community health centers that vary by size, budget, staffing,
services offered, populations served, and other
characteristics determined appropriate by the Secretary;
(iv) types of technical assistance and resources provided
to community health centers that may facilitate the
implementation of quality improvement interventions;
(v) proposed or adopted methodologies for community health
center evaluations of quality improvement interventions,
including any development of new measures that are tailored
to safety-net, community-based providers;
(vi) successful strategies for sustaining quality
improvement interventions in the long-term; and
(vii) partnerships with other Federal agencies and private
organizations or networks as appropriate, to enhance health
care quality in community health centers.
(C) Dissemination.--The Administrator of the Health
Resources and Services Administration shall establish a
formal mechanism or mechanisms for the ongoing dissemination
of agency initiatives, best practices, and other information
that may assist health care quality improvement efforts in
community health centers.
(4) GAO study on integrated health systems model for the
delivery of health care services to medically underserved and
uninsured populations.--
(A) Study.--The Comptroller General of the United States
shall conduct a study on integrated health system models of
at least 15 sites for the delivery of health care services to
medically underserved and uninsured populations. The study
shall include an examination of--
(i) health care delivery models sponsored by public or
private non-profit entities that--
(I) integrate primary, specialty, and acute care; and
(II) serve medically underserved and uninsured populations;
and
(ii) such models in rural and urban areas.
(B) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on the study
conducted under subparagraph (A). The report shall include--
(i) an evaluation of the models, as described in
subparagraph (A), in--
(I) expanding access to primary, preventive, and specialty
services for medically underserved and uninsured populations;
and
(II) improving care coordination and health outcomes;
(III) increasing efficiency in the delivery of quality
health care; and
(IV) conducting some combination of the following
services--
(aa) outreach activities;
(bb) case management and patient navigation services;
(cc) chronic care management;
(dd) transportation to health care facilities;
(ee) development of provider networks and other innovative
models to engage local physicians and other providers to
serve the medically underserved within a community;
(ff) recruitment, training, and compensation of necessary
personnel;
(gg) acquisition of technology for the purpose of
coordinating care;
(hh) improvements to provider communication, including
implementation of shared information systems or shared
clinical systems;
(ii) determination of eligibility for Federal, State, and
local programs that provide, or financially support the
provision of, medical, social, housing, educational, or other
related services;
(jj) development of prevention and disease management tools
and processes;
(kk) translation services;
(ll) development and implementation of evaluation measures
and processes to assess patient outcomes;
(mm) integration of primary care and mental health
services; and
(nn) carrying out other activities that may be appropriate
to a community and that would increase access by the
uninsured to health care, such as access initiatives for
which private entities provide non-Federal contributions to
supplement the Federal funds provided through the grants for
the initiatives; and
(ii) an assessment of--
(I) challenges, including barriers to Federal programs,
encountered by such entities in providing care to medically
underserved and uninsured populations; and
(II) advantages and disadvantages of such models compared
to other models of care delivery for medically underserved
and uninsured populations, including--
(aa) quality measurement and quality outcomes;
(bb) administrative efficiencies; and
(cc) geographic distribution of federally-supported clinics
compared to geographic distribution of integrated health
systems.
(5) GAO study on volunteer enhancement.--
(A) In general.--Not later than 6 months after the date of
enactment of this Act, the Comptroller General of the United
States shall conduct a study, and submit a report to
Congress, concerning the implications of extending Federal
Tort Claims Act (chapter 171 of title 28, United States Code)
coverage to health care professionals who volunteer to
furnish care to patients of health centers.
(B) Content.--In conducting the study under subparagraph
(A), the Comptroller General of the United States shall
analyze--
(i) the potential financial implications for the Federal
Government of such an extension, including any increased
funding needed for current health center Federal Tort Claims
Act coverage;
(ii) an estimate of the increase in the number of health
care professionals at health centers, and what types of such
professionals would most likely volunteer given the extension
of Federal Tort Claims Act coverage;
(iii) the increase in services provided by health centers
as a result of such an increase in health care professionals,
and in particular the effect of such action on the ability of
health centers to secure specialty and diagnostic services
needed by their uninsured and other patients;
(iv) the volume of patient workload at health centers and
how volunteer health care professionals may help address the
patient volume;
(v) the most appropriate manner of extending such coverage
to volunteer health care professionals at health centers,
including any potential difference from the mechanism
currently used for health care professional volunteers at
free clinics;
(vi) State laws that have been shown to encourage
physicians and other health care providers to provide charity
care as an agent of the State; and
(vii) other policies, including legislative or regulatory
changes, that have the potential to increase the number of
volunteer health care staff at health centers and the
financial implications of such policies, including the cost
savings associated with the ability to provide more services
in health centers rather than more expensive sites of care.
(c) Recognition of High Poverty.--
(1) In general.--Section 330(c) of the Public Health
Service Act (42 U.S.C. 254b(c)) is amended by adding at the
end the following new paragraph:
``(3) Recognition of high poverty.--
``(A) In general.--In making grants under this subsection,
the Secretary may recognize the unique needs of high poverty
areas.
``(B) High poverty area defined.--For purposes of
subparagraph (A), the term `high poverty area' means a
catchment area which is established in a manner that is
consistent with the factors in subsection (k)(3)(J), and the
poverty rate of which is greater than the national average
poverty rate as determined by the Bureau of the Census.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to grants made on or after January 1, 2009.
SEC. 3. NATIONAL HEALTH SERVICE CORPS.
(a) Funding.--
(1) Reauthorization of national health service corps
program.--Section 338(a) of the Public Health Service Act (42
U.S.C. 254k(a)) is amended by striking ``2002 through 2006''
and inserting ``2008 through 2012''.
(2) Scholarship and loan repayment programs.--Subsection
(a) of section 338H of such Act (42 U.S.C. 254q) is amended
by striking ``appropriated $146,250,000'' and all that
follows through the period and inserting the following:
``appropriated--
``(1) for fiscal year 2008, $131,500,000;
``(2) for fiscal year 2009, $143,335,000;
``(3) for fiscal year 2010, $156,235,150;
``(4) for fiscal year 2011, $170,296,310; and
``(5) for fiscal year 2012, $185,622,980.''.
(b) Elimination of 6-Year Demonstration Requirement.--
Section 332(a)(1) of the Public Health Service Act (42 U.S.C.
254e(a)(1)) is amended by striking ``Not earlier than 6
years'' and all that follows through ``purposes of this
section.''.
(c) Assignment to Shortage Area.--Section 333(a)(1)(D)(ii)
of the Public Health Service Act (42 U.S.C.
254f(a)(1)(D)(ii)) is amended--
(1) in subclause (IV), by striking ``and'';
(2) in subclause (V), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(VI) the entity demonstrates willingness to support or
facilitate mentorship, professional development, and training
opportunities for Corps members.''.
(d) Professional Development and Training.--Subsection (d)
of section 336 of the Public Health Service Act (42 U.S.C.
254h-1) is amended to read as follows:
``(d) Professional Development and Training.--
``(1) In general.--The Secretary shall assist Corps members
in establishing and maintaining professional relationships
and development opportunities, including by--
``(A) establishing appropriate professional relationships
between the Corps member involved and the health professions
community of the geographic area with respect to which the
member is assigned;
``(B) establishing professional development, training, and
mentorship linkages between the Corps member involved and the
larger health professions community, including through
distance learning, direct mentorship, and development and
implementation of training modules designed to meet the
educational needs of offsite Corps members;
``(C) establishing professional networks among Corps
members; or
``(D) engaging in other professional development,
mentorship, and training activities for Corps members, at the
discretion of the Secretary.
``(2) Assistance in establishing professional
relationships.--In providing such assistance under paragraph
(1), the Secretary
[[Page 21835]]
shall focus on establishing relationships with hospitals,
with academic medical centers and health professions schools,
with area health education centers under section 751, with
health education and training centers under section 752, and
with border health education and training centers under such
section 752. Such assistance shall include assistance in
obtaining faculty appointments at health professions schools.
``(3) Supplement not supplant.--Such efforts under this
subsection shall supplement, not supplant, non-government
efforts by professional health provider societies to
establish and maintain professional relationships and
development opportunities.''.
(e) Eligibility of the District of Columbia and Territories
for the State Loan Repayment Program.--
(1) In general.--Section 338I(h) of the Public Health
Service Act (42 U.S.C. 254q-1(h)) is amended by striking
``several States'' and inserting ``50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, Palau, the Marshall
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Authorization of appropriations.--Section 338I(i)(1) of
such Act (42 U.S.C. 254q-1(i)(1)) is amended by striking
``2002'' and all that follows through the period and
inserting ``2008, and such sums as may be necessary for each
of fiscal years 2009 through 2012.''.
SEC. 4. REAUTHORIZATION OF RURAL HEALTH CARE PROGRAMS.
Section 330A(j) of the Public Health Service Act (42 U.S.C.
254c(j)) is amended by striking ``$40,000,000'' and all that
follows through the period and inserting ``$45,000,000 for
each of fiscal years 2008 through 2012.''.
SEC. 5. REAUTHORIZATION OF PRIMARY DENTAL HEALTH WORKFORCE
PROGRAMS.
Section 340G(f) of the Public Health Service Act (42 U.S.C.
256g(f)) is amended--
(1) by striking ``$50,000,000'' and inserting
``$25,000,000''; and
(2) by striking ``2002'' and inserting ``2008''.
SEC. 6. EMERGENCY RESPONSE COORDINATION OF PRIMARY CARE
PROVIDERS.
(a) In General.--Subtitle B of title XXVIII of the Public
Health Service Act (42 U.S.C. 300hh-10 et seq.) is amended by
adding at the end the following:
``SEC. 2815. EMERGENCY RESPONSE COORDINATION OF PRIMARY CARE
PROVIDERS.
``The Secretary, acting through Administrator of the Health
Resources and Services Administration, and in coordination
with the Assistant Secretary for Preparedness and Response,
shall
``(1) provide guidance and technical assistance to health
centers funded under section 330 and to State and local
health departments and emergency managers to integrate health
centers into State and local emergency response plans and to
better meet the primary care needs of populations served by
health centers during public health emergencies; and
``(2) encourage employees at health centers funded under
section 330 to participate in emergency medical response
programs including the National Disaster Medical System
authorized in section 2812, the Volunteer Medical Reserve
Corps authorized in section 2813, and the Emergency System
for Advance Registration of Health Professions Volunteers
authorized in section 319I.''.
(b) Sense of the Congress.--It is the Sense of Congress
that the Secretary of Health and Human Services, to the
extent permitted by law, utilize the existing authority
provided under the Federal Tort Claims Act for health centers
funded under section 330 of the Public Health Service Act (42
U.S.C. 254b) in order to establish expedited procedures under
which such health centers and their health care professionals
that have been deemed eligible for Federal Tort Claims Act
coverage are able to respond promptly in a coordinated manner
and on a temporary basis to public health emergencies outside
their traditional service area and sites, and across State
lines, as necessary and appropriate.
SEC. 7. REVISION OF THE TIMEFRAME FOR THE RECOGNITION OF
CERTAIN DESIGNATIONS IN CERTIFYING RURAL HEALTH
CLINICS UNDER THE MEDICARE PROGRAM.
(a) In General.--The second sentence of section 1861(aa)(2)
of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is
amended by striking ``3-year period'' and inserting ``4-year
period'' in the matter in clause (i) preceding subclause (I).
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Georgia (Mr. Deal) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Madam Speaker, I yield 3 minutes to the gentleman from
Texas (Mr. Gene Green).
Mr. GENE GREEN of Texas. Madam Speaker, I want to thank the chairman
of our Health Subcommittee of the Energy and Commerce for his patience
with me over the last year and a half, and I think I sometimes wear out
my welcome on hearings and on moving this bill. I rise in strong
support of H.R. 1343, the Health Centers Renewal Act of 2008.
I would first like to thank Senator Kennedy and Senator Hatch for
sponsoring and moving this reauthorization through the Senate, and also
our fellow Energy and Commerce Committee member Chip Pickering for his
work on this bill and his service to both his State of Mississippi and
our country.
The Community Health Centers Program is one of the great health care
successes of our country. Forty years after the program was first
enacted at the urging of President Lyndon Johnson, health centers are
located in 6,000 sites in all 50 States and serve as the medical home
and family physician to 17 million people in medically underserved
areas nationally.
Community health centers have helped fill the medical void for low-
income and uninsured individuals and in 2006, community health centers
provided care for over 700,000 Texans. But communities like my district
in Houston are in dire need of more community health centers. Houston
has approximately 1 million uninsured, but only 10 federally qualified
health centers and is desperately in need of more community health
centers.
We are not the only district in the country facing a medical crisis
with the uninsured and underinsured.
The Health Centers Renewal Act of 2008 will reauthorize the Health
Centers Program and provide over $2 billion a year for health community
centers throughout the United States. This increased funding will allow
more medically underserved communities to build new health centers,
expand their health centers, and provide more services like dental and
mental health care. In fact, this bill would allow health centers to
expand their services to over 22 million patients in the next 5 years,
which is almost 50 percent more than they serve today. That's exactly
why every Member of this House should support this bill.
Community health centers have demonstrated time and again that if
properly funded by Congress, they can meet the Nation's tremendous need
for quality, affordable health care. Community health centers are a
vital safety net for the uninsured and underinsured in the country.
With nearly 40 million uninsured and a health care crisis in our
country right now, it would almost be irresponsible for anyone to vote
against this bill.
I thank you for this time.
Mr. DEAL of Georgia. Madam Speaker, I, too, rise in support of this
legislation and would like to yield such time as he may consume to the
gentleman from Pennsylvania (Mr. Tim Murphy) who was one of the active
members of the Subcommittee on Health and Commerce from which this bill
originally came.
Mr. TIM MURPHY of Pennsylvania. I thank Ranking Member Deal, also
Chairman Pallone and Ranking Member Barton and Chairman Dingell for
their work on this bill, but particularly to Representative Gene Green,
the cosponsor of this legislation, for his hard work and commitment and
also really for the teamwork that he engineered with the committee to
work on this.
There are about 1,100 community health centers that employ about
6,000 physicians. They provide critically affordable primary care to
more than 16 million people nationwide. It is important to note when
people toss about numbers of the number of uninsured in America, and
many of those uninsured are extra covered by Medicaid, many by their
private plans; but these 16 million people we agree really are
uninsured folks in America, and the community health centers are a
place where they can have a quality health care home.
When we note that what happens with community health centers, what
they provide in terms of primary care, dental care, podiatry, mental
health
[[Page 21836]]
care, and so many other areas that provide care, particularly in
prenatal, it is of great concern that there simply are not enough
physicians and other health care providers to give that care.
The greatest vacancy rates are in rural and inner city health centers
where their vacancy rates range between 19 and 29 percent of the
current workforce. These are shortages of physicians, nurse
practitioners, physicians assistants, midwives, dentists; and all of
those are open because the community health centers simply do not have
the money to pay for all of those employees.
What I'm disappointed about in this bill--and I know Congressman
Green worked very hard, as did Congressman Deal to keep this in here--
is the idea that we cannot let physicians volunteer at these centers. I
know we're all jointly disappointed because the community health
centers, if they were able to have physicians volunteer at these
centers, they could be covered by the Federal Torts Claim Act.
Otherwise, they have to rely on paying their own malpractice insurance,
which could run tens of thousands, if not well over $100,000, and
community health centers cannot afford to cover that cost. The
legislation I offered would have allowed Good Samaritan doctors to
volunteer their time helping those in need.
We have to come back to this next year because in the meantime, many
people without health insurance, or who are underinsured, rely upon
community health centers for a whole host of their care. I look forward
to working with my House and Senate colleagues in the future to ensure
that legislation allowing doctors, nurses, psychologists, and other
specialists to volunteer their time at community health centers. We
must make that a law in order to provide care for so many people who
need it at, I might add, a very, very low cost.
Again, I thank Chairman Dingell, Ranking Member Barton, Chairman
Pallone, Ranking Member Deal, and Representative Green for their hard
work on this bill. Their impassioned teamwork to help provide care to
those most in need is to be applauded.
Mr. PALLONE. Madam Speaker, I will reserve my time.
Mr. DEAL of Georgia. Madam Speaker, I have a speaker who will appear
shortly. He was here just a second ago.
In the meantime, I would use the time to simply thank Mr. Green as
the lead sponsor of this legislation. He's done an excellent job. He
did work across party lines, and I thought we had a good product that
came out of our Health Subcommittee and our entire committee and came
from the floor of this House. I think it's important that we do that on
bills of this nature.
I would like to also thank, in addition to Mr. Murphy who's spoken on
the Volunteer Doctors provision, Ms. DeGette who was interested in that
as well. Unfortunately, that provision, along with a provision that
Congressman Burgess and Congressman Stupak had for some alternative
ways of providing additional care under the community health center
model, which we had included in our bill on the House side, was not
agreed to by our colleagues across the way.
However, the legislation before us today does require three GAO
studies to look at all of the issues which we had originally addressed
in the legislation that came from the House. Hopefully those GAO
studies will confirm the wisdom of the House of including those
provisions in the initial bill, and I look forward to seeing the
results of those studies and perhaps our ability to revisit this issue
of community health centers because I, too, believe that one of the
ways we can accomplish greater access is to provide volunteer doctors
with Federal tort claims protections so that they can use their
services and their talents in community health centers which have a
very difficult time attracting doctors in many of the rural areas, in
particular.
I rise today in support of H.R. 1343, the ``Health Centers Renewal
Act,'' a critical piece of legislation which will reauthorize Community
Health Centers and the National Health Service Corps. Community Health
Centers provide a fundamental element of our healthcare delivery system
in our nation, providing much needed care for uninsured or under-
insured individuals seeking very low cost healthcare services. These
centers have, and continue to, impact communities across our country
and provide a critical safety net for care for thousands of Americans
every year. With nearly 47 million Americans living without health
insurance, traditional pay-for services have become prohibitively
expensive for many. With no remaining option for even the most basic
healthcare services, our emergency rooms are being overwhelmed.
Community Health Centers step in to fill that gap, relieving the strain
on hospital emergency rooms which cost exorbitantly more to operate and
are pressed beyond capacity.
H.R. 1343 reauthorizes Community Health Centers for five years while
seeking to improve the access to, and quality of, services available
under this program throughout the nation. This legislation requires the
Government Accountability Office to conduct three studies, all of which
will evaluate mechanisms through which the health center program can do
more for our communities. First, GAO will evaluate the incorporation of
integrated health systems as a model for improving the access to care
for medically underserved populations. Second, GAO will also study the
effects of implementing policies which would establish school-based
health centers. Finally, this legislation will evaluate the potential
benefits which could be achieved by extending federal liability
protections to healthcare practitioners to encourage participation in
Community Health Centers, both in their community as well as additional
areas ravaged by hurricanes, earthquakes, floods, or other disaster
situations. In light of the devastation in the Gulf Coast region just a
few years ago, our healthcare delivery system was put to the ultimate
test. Thousands upon thousands of victims were affected. While
physicians and other healthcare professionals were ready and willing to
answer the call to serve, concerns regarding medical liability turned
them away from their call to service. This is an apparent problem an
Congress must address this issue to avoid a repeat of this unfortunate
situation in the future.
I believe this legislation represents a reasonable compromise,
reflecting the priorities of the House, Senate, and healthcare
industry, and provides much-needed reauthorization to this critical
component of our nation's healthcare infrastructure. I would also like
to express my appreciation to the National Association of Community
Health Centers for working so well with House and Senate staff in order
to craft this legislation before us today. Again, I am pleased to see
this legislation on the floor today, and I encourage all of my
colleagues to support this critical reauthorization of Community Health
Centers.
At this time, I would like to yield to the gentleman from
Mississippi, who is a member of this committee, who also has worked on
this legislation, for such time as he may consume, Mr. Pickering.
Mr. PICKERING. Thank you, Mr. Deal, the gentleman from Georgia. I
want to thank him for his leadership of the subcommittee as the ranking
member and previously as the chairman of the subcommittee. I want to
thank Congressman Gene Green for his work as we did work together in a
bipartisan fashion, all the committee staff.
As I come close to the end of my service in Congress, I can think of
no better thing to go out on as the reauthorization, the expansion, and
the funding, and modernization of the community health centers for what
they do to create healthy communities and strong communities and to
help the families most in need in our States and districts back home
and in small towns and cities.
I know from Mississippi, community health centers have made a
tremendous difference after Katrina and getting those who were
evacuated after a disaster the help, but more importantly, every day
those mothers and the elderly and the low income who otherwise would
not have the best care and affordable, accessible means. Community
health centers have played a vital role to my home State of
Mississippi, and I'm very proud to be a part of this reauthorization
and to see it done before we leave this session.
I want to thank Mary Martha Henson for her tremendous work on this,
as well as the other staff.
Mr. DEAL of Georgia. I have no further speakers on the floor, and I
yield back the balance of my time.
Mr. PALLONE. Madam Speaker, I yield 30 seconds to the gentleman from
Texas.
[[Page 21837]]
Mr. GENE GREEN of Texas. Madam Speaker, I'm glad that we have a
member of our Energy and Commerce Committee in the chair, and this is a
great example of working together. I know my colleagues, both from
Mississippi but also from Pennsylvania, we worked on other issues in
this bill, and I would be more than happy to see what we can do next
Congress.
But this way, we have a reauthorization of the community health
centers, and we can always improve on them and look forward to working
with them again, bipartisan, across the aisle, because all of us look
forward to expanding health centers for our community.
Mr. PALLONE. Madam Speaker, I have no further requests for time. I
would urge my colleagues on both sides of the aisle to support this
critically important measure that will help ensure that all Americans
have access to quality health care.
Mr. SHAYS. Madam Speaker, I strongly support the Health Centers
Renewal Act, which will reauthorize the community health center program
for five years and increase the program's funding. This continues the
strong commitment we have shown to these centers over the past five
years.
During the last reauthorization, this Administration has sought to
double the amount of people receiving care through community health
centers, from 10 million to 20 million.
Already, over 17 million individuals are receiving quality care, and
half of these individuals are uninsured. So of our 46 million
uninsured, nearly 8 million are receiving care from these centers.
By preventing costly hospitalizations and reducing the use of
emergency care for routine services, it is estimated community clinics
save the health care system over $6 billion annually.
I strongly support passage of this legislation so community health
centers can continue providing high-quality, cost-effective care. I
urge my colleagues to vote for this bill.
Mr. ETHERIDGE. Madam Speaker, I rise today in strong support of H.R.
1343, Health Centers Renewal Act of 2008. This bill fulfills America's
promise to its citizens by protecting access to high quality health
care.
Health Centers Renewal Act of 2008 will continue Congress's
commitment to our Nation's 1,200 community health centers that provide
high quality, affordable primary health care to more the 18 million
Americans in over 7,000 communities nationwide. Numerous studies have
shown that health centers are particularly effective because they
remove barriers to care and deliver services in a manner adapted to the
patients of individual communities. Health centers improve outcomes and
mitigate health disparities, resulting in better health care for their
patients and savings for the health care system. In fact, there is
evidence that people who get most of their primary care from a health
center have 41 percent lower overall health care costs than others,
saving Federal taxpayers $10 to $17 billion in 2007 alone. The
Community Health Centers program has been consistently rated as one of
the most effective programs in the Department of Health and Human
Services by the Office of Management and Budget.
Madam Speaker, H.R. 1343 will ensure that the millions of Americans
who rely on health care centers continue to have access to high quality
and affordable health servIces.
I urge my colleagues to join me in voting for H.R. 1343.
Mr. PALLONE. I yield back my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and concur in the Senate amendment to the bill, H.R. 1343.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the Senate amendment was concurred in.
A motion to reconsider was laid on the table.
____________________
MAKING A TECHNICAL CORRECTION IN THE NET 911 IMPROVEMENT ACT OF 2008
Mr. PALLONE. Madam Speaker, I ask unanimous consent that the
Committee on Energy and Commerce be discharged from further
consideration of the bill (H.R. 6946) to make a technical correction in
the NET 911 Improvement Act of 2008, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
The text of the bill is as follows:
H.R. 6946
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. TECHNICAL CORRECTION.
(a) Amendment.--Section 6(c)(1)(C) of the Wireless
Communications and Public Safety Act of 1999 (47 U.S.C. 615a-
1(c)(1)(C)) is amended by striking ``paragraph (2)'' and
inserting ``paragraph (3)''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of July 23, 2008, immediately after the
enactment of the NET 911 Improvement Act of 2008 (Public Law
110-283).
The bill was ordered to be engrossed and read a third time, was read
the third time, and passed, and a motion to reconsider was laid on the
table.
____________________
{time} 1715
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings
will resume on motions to suspend the rules previously postponed.
Votes will be taken in the following order:
H.R. 1014, de novo;
H.R. 6950, de novo;
H. Res. 1421, by the yeas and nays.
The first electronic vote will be conducted as a 15-minute vote.
Remaining electronic votes will be conducted as 5-minute votes.
____________________
HEART FOR WOMEN ACT
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 1014, as amended.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 1014, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Recorded Vote
Mr. DEAL of Georgia. Madam Speaker, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 418,
noes 4, not voting 11, as follows:
[Roll No. 642]
AYES--418
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
[[Page 21838]]
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walsh (NY)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOES--4
Broun (GA)
Flake
Gingrey
Paul
NOT VOTING--11
Abercrombie
Brown, Corrine
Cannon
Cubin
Davis, David
Edwards (MD)
Frank (MA)
Lewis (KY)
Miller (FL)
Shuler
Simpson
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 1\1/2\
minutes remaining in this vote.
{time} 1742
Mr. GINGREY changed his vote from ``aye'' to ``no.''
So (two-thirds being in the affirmative) the rules were suspended and
the bill, as amended, was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008
The SPEAKER pro tempore. The unfinished business is the question on
suspending the rules and passing the bill, H.R. 6950.
The Clerk read the title of the bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Wisconsin (Ms. Moore) that the House suspend the rules
and pass the bill, H.R. 6950.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HASTINGS of Florida. Madam Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The vote was taken by electronic device, and there were--yeas 420,
nays 1, not voting 12, as follows:
[Roll No. 643]
YEAS--420
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gingrey
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Hensarling
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Spratt
Stark
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Tierney
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Velazquez
Visclosky
Walberg
Walden (OR)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
[[Page 21839]]
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NAYS--1
Paul
NOT VOTING--12
Brown, Corrine
Buyer
Cannon
Cubin
Davis, David
Edwards (MD)
Frank (MA)
Lewis (KY)
Miller (FL)
Shuler
Simpson
Walsh (NY)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1750
So (two-thirds being in the affirmative) the rules were suspended and
the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
PERSONAL EXPLANATION
Ms. CORRINE BROWN of Florida. Madam Speaker, on rollcall No. 642, had
I been present, I would have voted ``aye.'' On rollcall No. 643, I
would have voted ``yea.''
____________________
PERSONAL EXPLANATION
Ms. EDWARDS of Maryland. Madam Speaker, on rollcall No. 642, had I
been present, I would have voted ``aye.'' On rollcall No. 643, I would
have voted ``yea.''
____________________
SOLEMNLY COMMEMORATING THE 25TH ANNIVERSARY OF THE TRAGIC OCTOBER 1983
TERRORIST BOMBING OF THE UNITED STATES MARINE CORPS BARRACKS IN BEIRUT,
LEBANON
The SPEAKER pro tempore. The unfinished business is the vote on the
motion to suspend the rules and agree to the resolution, H. Res. 1421,
as amended, on which the yeas and nays were ordered.
The Clerk read the title of the resolution.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Kansas (Mrs. Boyda) that the House suspend the rules
and agree to the resolution, H. Res. 1421, as amended.
This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 414,
nays 0, not voting 19, as follows:
[Roll No. 644]
YEAS--414
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berkley
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Butterfield
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cantor
Capito
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Cazayoux
Chabot
Chandler
Childers
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Cole (OK)
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, Lincoln
Davis, Tom
Deal (GA)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Duncan
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Flake
Forbes
Fortenberry
Fossella
Foster
Foxx
Frank (MA)
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gilchrest
Gillibrand
Gohmert
Gonzalez
Goode
Goodlatte
Gordon
Granger
Graves
Green, Al
Green, Gene
Grijalva
Hall (NY)
Hall (TX)
Hare
Harman
Hastings (FL)
Hastings (WA)
Hayes
Heller
Herger
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hulshof
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jordan
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (IA)
King (NY)
Kingston
Kirk
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
Lamborn
Lampson
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Latta
Lee
Levin
Lewis (CA)
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lucas
Lungren, Daniel E.
Lynch
Mack
Mahoney (FL)
Maloney (NY)
Manzullo
Marchant
Markey
Marshall
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
McHenry
McHugh
McIntyre
McKeon
McMorris Rodgers
McNerney
McNulty
Meek (FL)
Meeks (NY)
Melancon
Mica
Michaud
Miller (MI)
Miller (NC)
Miller, Gary
Miller, George
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy, Patrick
Murphy, Tim
Murtha
Musgrave
Myrick
Nadler
Napolitano
Neal (MA)
Neugebauer
Nunes
Oberstar
Obey
Olver
Ortiz
Pallone
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
Peterson (PA)
Petri
Pickering
Pitts
Platts
Poe
Pomeroy
Porter
Price (GA)
Price (NC)
Pryce (OH)
Putnam
Radanovich
Rahall
Ramstad
Rangel
Regula
Rehberg
Reichert
Renzi
Reyes
Reynolds
Richardson
Rodriguez
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Ros-Lehtinen
Roskam
Ross
Rothman
Roybal-Allard
Royce
Ruppersberger
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Scalise
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shadegg
Shays
Shea-Porter
Sherman
Shimkus
Shuster
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Spratt
Stearns
Stupak
Sullivan
Sutton
Tancredo
Tanner
Tauscher
Taylor
Terry
Thompson (CA)
Thompson (MS)
Thornberry
Tiahrt
Tiberi
Towns
Tsongas
Turner
Udall (CO)
Udall (NM)
Upton
Van Hollen
Visclosky
Walberg
Walden (OR)
Walz (MN)
Wamp
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch (VT)
Weldon (FL)
Weller
Westmoreland
Wexler
Whitfield (KY)
Wilson (NM)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (AK)
Young (FL)
NOT VOTING--19
Cannon
Capps
Cubin
Davis, David
Dicks
Gingrey
Gutierrez
Hensarling
Hobson
Klein (FL)
Lewis (KY)
Miller (FL)
Shuler
Simpson
Speier
Stark
Tierney
Velazquez
Walsh (NY)
Announcement by the Speaker Pro Tempore
The SPEAKER pro tempore (during the vote). Members have 2 minutes
remaining in this vote.
{time} 1801
So (two-thirds being in the affirmative) the rules were suspended and
the resolution, as amended, was agreed to.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the Chair
will postpone further proceedings today on additional motions to
suspend the rules on which a recorded vote or the yeas and nays are
ordered, or on which the vote is objected to under clause 6 of rule XX.
Record votes on postponed questions will be taken tomorrow.
____________________
TRAVEL PROMOTION ACT OF 2008
Mr. RUSH. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3232) to establish a non-profit corporation to communicate
United States entry policies and otherwise promote tourist, business,
and scholarly travel to the United States, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
[[Page 21840]]
H.R. 3232
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Travel
Promotion Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. The Corporation for Travel Promotion.
Sec. 3. Accountability measures.
Sec. 4. Matching public and private funding.
Sec. 5. Travel Promotion Fund fees.
Sec. 6. Investment of Funds.
Sec. 7. Prohibition on use of funds.
Sec. 8. Amendments to the International Travel Act of 1961.
Sec. 9. Definitions.
Sec. 10. G.A.O. study.
SEC. 2. THE CORPORATION FOR TRAVEL PROMOTION.
(a) Establishment.--The Corporation for Travel Promotion is
established as a nonprofit corporation. The Corporation shall
not be an agency or establishment of the United States
Government. The Corporation shall be subject to the
provisions of the District of Columbia Nonprofit Corporation
Act (sec. 29-301.01 et seq., D.C. Official Code), to the
extent that such provisions are consistent with this section,
and shall have the powers conferred upon a nonprofit
corporation by that Act to carry out its purposes and
activities.
(b) Board of Directors.--
(1) In general.--The Corporation shall have a board of
directors of 15 members, appointed by the Secretary of
Commerce, but not before consultation with the Secretaries of
Homeland Security, State, and Education, as appropriate, each
of whom is a United States citizen, and of whom--
(A) one shall have appropriate expertise and experience in
the hotel accommodations sector;
(B) one shall have appropriate expertise and experience in
the restaurant sector;
(C) one shall have appropriate expertise and experience in
the retail sector, or in associations representing that
sector;
(D) one shall have appropriate expertise and experience in
the small business sector, or in associations representing
that sector;
(E) one shall have appropriate expertise and experience in
the advertising sector;
(F) one shall have appropriate expertise and experience in
the attractions sector;
(G) one shall have appropriate expertise and experience in
the recreation sector;
(H) one shall have appropriate expertise and experience in
the research, development, or manufacturing sector;
(I) one shall have appropriate expertise and experience in
the financial services sector;
(J) one shall have appropriate expertise and experience in
the passenger air sector;
(K) one shall have appropriate expertise and experience in
the car rental sector;
(L) one shall have appropriate expertise and experience as
an official at the state and municipal level, or in
associations of such officials;
(M) one shall have appropriate expertise and experience in
the higher education sector and in coordinating international
scholarly conferences in the United States;
(N) one shall have appropriate expertise and experience in
immigration law and policy, including visa requirements and
United States entry procedures; and
(O) one shall have appropriate expertise in matters
relating to homeland security policy, including border and
travel security and facilitation programs.
(2) Incorporation.--The members of the initial board of
directors shall serve as incorporators and shall take
whatever actions are necessary to establish the Corporation
under the District of Columbia Nonprofit Corporation Act
(sec. 29-301.01 et seq.).
(3) Term of office.--The term of office of each member of
the board appointed by the Secretary shall be 3 years, except
that, of the members first appointed--
(A) 3 shall be appointed for terms of 1 year;
(B) 4 shall be appointed for terms of 2 years; and
(C) 4 shall be appointed for terms of 3 years.
(4) Vacancies.--Any vacancy in the board shall not affect
its power, but shall be filled in the manner required by this
section. Any member whose term has expired may serve until
the member's successor has taken office, or until the end of
the calendar year in which the member's term has expired,
whichever is earlier. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which that
member's predecessor was appointed shall be appointed for the
remainder of the predecessor's term. No member of the board
shall be eligible to serve more than 2 consecutive full
terms.
(5) Election of chairman and vice chairman.--Members of the
board shall annually elect one of their members to be
chairman and elect 1 or more of their members as a vice
chairman or vice chairmen.
(6) Status as federal employees.--Notwithstanding any
provision of law to the contrary, no member of the board may
be considered to be a Federal employee of the United States
by virtue of his or her service as a member of the board.
(7) Compensation; expenses.--No member of the board shall
receive any compensation from the Federal Government or the
Corporation by virtue of his or her service as a member of
the board. Each member of the board shall be paid actual
travel expenses and per diem in lieu of subsistence expenses
when away from his or her usual place of residence, in
accordance with section 5703 of title 5, United States Code.
(c) Officers and Employees.--
(1) In general.--The Corporation shall have a President,
and such other officers as may be named and appointed by the
board for terms and at rates of compensation fixed by the
board. No individual other than a citizen of the United
States may be an officer of the Corporation. The corporation
may hire and fix the compensation of such employees as may be
necessary to carry out its purposes. No officer or employee
of the Corporation may receive any salary or other
compensation (except for compensation for services on boards
of directors of other organizations that do not receive funds
from the Corporation, on committees of such boards, and in
similar activities for such organizations) from any sources
other than the Corporation for services rendered during the
period of his or her employment by the Corporation. Service
by any officer on boards of directors of other organizations,
on committees of such boards, and in similar activities for
such organizations shall be subject to annual advance
approval by the board and subject to the provisions of the
Corporation's Statement of Ethical Conduct. All officers and
employees shall serve at the pleasure of the board.
(2) Nonpolitical nature of appointment.--No political test
or qualification shall be used in selecting, appointing,
promoting, or taking other personnel actions with respect to
officers, agents, or employees of the Corporation.
(d) Nonprofit and Nonpolitical Nature of Corporation.--
(1) Stock.--The Corporation shall have no power to issue
any shares of stock, or to declare or pay any dividends.
(2) Profit.--No part of the income or assets of the
Corporation shall inure to the benefit of any director,
officer, employee, or any other individual except as salary
or reasonable compensation for services.
(3) Politics.--The Corporation may not contribute to or
otherwise support any political party or candidate for
elective public office.
(4) Sense of congress regarding lobbying activities.--It is
the sense of Congress that the Corporation established under
this Act should not engage in any lobbying activities with
any employee or branch of the Federal Government in favor of
or in opposition to any political issue.
(e) Duties and Powers.--
(1) In general.--The Corporation shall develop and execute
a plan to--
(A) provide useful information to foreign tourists,
business people, students, scholars, scientists and others
interested in traveling to the United States, including the
distribution of material provided by the Federal Government
concerning entry requirements, required documentation, fees,
and processes, to prospective travelers, travel agents, tour
operators, meeting planners, foreign governments, travel
media and other international stakeholders;
(B) identify and address perceptions in other countries
regarding United States entry policies that tend to limit
attempts to travel to the United States;
(C) maximize the economic and diplomatic benefits of travel
to the United States by promoting the United States of
America to world travelers through the use of, but not
limited to, all forms of advertising, outreach to trade
shows, and other appropriate promotional activities; and
(D) identify opportunities and strategies to promote
tourism to rural and urban areas equally.
(2) Specific powers.--In order to carry out the purposes of
this section, the Corporation may--
(A) obtain grants from and make contracts with individuals
and private companies, State, and Federal agencies,
organizations, and institutions;
(B) hire or accept the voluntary services of consultants,
experts, advisory boards, and panels to aid the Corporation
in carrying out its purposes; and
(C) take such other actions as may be necessary to
accomplish the purposes set forth in this section.
(f) Open Meetings.--Meetings of the board of directors of
the Corporation, including any committee of the board, shall
be open to the public. The board may, by majority vote, close
any such meeting only for the time necessary to preserve the
confidentiality of commercial or financial information that
is privileged or confidential, to discuss personnel matters,
or to discuss legal matters affecting the Corporation,
including pending or potential litigation.
(g) Major Campaigns.--The board may not authorize the
Corporation to obligate or expend more than $25,000,000 on
any advertising campaign, promotion, or related effort
unless--
(1) the obligation or expenditure is approved by an
affirmative vote of at least \2/3\ of the members of the
board present at the meeting;
[[Page 21841]]
(2) at least 8 members of the board are present at the
meeting at which it is approved; and
(3) each member of the board has been given at least 3 days
advance notice of the meeting at which the vote is to be
taken and the matters to be voted upon at that meeting.
(h) Fiscal Accountability.--
(1) Fiscal year.--The Corporation shall establish as its
fiscal year the 12-month period beginning on October 1.
(2) Budget.--The Corporation shall adopt a budget for each
fiscal year.
(3) Annual audits.--The Corporation shall engage an
independent accounting firm to conduct an annual financial
audit of the Corporation's operations and shall publish the
results of the audit.
SEC. 3. ACCOUNTABILITY MEASURES.
(a) Objectives.--The Board shall establish annual
objectives for the Corporation for each fiscal year subject
to approval by the Secretary, in consultation with the
Secretary of Homeland Security and the Secretary of State.
The Corporation shall establish a marketing plan for each
fiscal year not less than 60 days before the beginning of
that year and provide a copy of the plan, and any revisions
thereof, to the Secretary.
(b) Budget.--The board shall transmit a copy of the
Corporation's budget for the forthcoming fiscal year to the
Secretary not less than 60 days before the beginning of each
fiscal year, together with an explanation of any expenditure
provided for by the budget in excess of $5,000,000 for the
fiscal year. The Corporation shall make a copy of the budget
and the explanation available to the public and shall provide
public access to the budget and explanation on the
Corporation's website.
(c) Annual Report to Congress.--The Corporation shall
submit an annual report for the preceding fiscal year to the
Secretary of Commerce and the Secretary of Homeland Security
for transmittal to Congress on or before the 15th day of May
of each year. The report shall include--
(1) a comprehensive and detailed report of the
Corporation's operations, activities, financial condition,
and accomplishments under this Act;
(2) a comprehensive and detailed inventory of amounts
obligated or expended by the Corporation during the preceding
fiscal year;
(3) a detailed description of each in-kind contribution,
its fair market value, the individual or organization
responsible for contributing, its specific use, and a
justification for its use within the context of the
Corporation's mission;
(4) an objective and quantifiable measurement of its
progress, on an objective-by-objective basis, in meeting the
objectives established by the board;
(5) an explanation of the reason for any failure to achieve
an objective established by the board, and any revisions or
alterations to the Corporation's objectives under subsection
(a);
(6) a comprehensive and detailed report of the
Corporation's operations and activities to promote tourism in
rural and urban areas; and
(7) such recommendations as the Corporation deems
appropriate.
SEC. 4. MATCHING PUBLIC AND PRIVATE FUNDING.
(a) Establishment of Travel Promotion Fund.--There is
hereby established in the Treasury a fund which shall be
known as the ``Travel Promotion Fund''.
(b) Funding.--
(1) First year.--For fiscal year 2009, the Secretary of the
Treasury, not earlier than October 1, 2008, and not before
the Secretary has appointed all members of the Corporation's
board of directors, may transfer to the Corporation such sums
as may be necessary, but not to exceed $10,000,000, subject
to the availability of appropriations to carry out this
section to cover its initial expenses and activities under
this Act. At the earliest practicable date, the Corporation
shall reimburse the Treasury any such amounts borrowed from
the Treasury, with at least 50 percent reimbursed before
October 1, 2011, and the remainder reimbursed before October
1, 2013. Reimbursement shall include interest at a rate
determined by the Treasury taking into consideration current
market yields on outstanding Treasury securities of
comparable maturities and including any additional charges
determined by the Secretary of the Treasury to cover any
probable losses and reasonable administrative costs. The
Secretary of the Treasury shall determine and assess
penalties to be applied for late payments of principal or
interest and other Federal credit terms designed to minimize
Federal exposure to loss, consistent with the Federal Credit
Reform Act and other applicable Federal credit policies.
(2) Subsequent years.--For each of fiscal years 2010
through 2013, from amounts deposited in the general fund of
the Treasury during the preceding fiscal year from fees under
section 5, the Secretary of the Treasury shall transfer not
more than $100,000,000 to the Fund, which shall be made
available to the Corporation, subject to subsections (c),
(d), and (e), to carry out its functions under this Act.
Transfers shall be made by the Secretary of the Treasury at
least quarterly on the basis of estimates by the Secretary of
the Treasury, determined in consultation with the Board, of
contributions made to the Corporation by non-Federal sources,
and proper adjustments shall be made in amounts subsequently
transferred to the extent prior estimates were in excess or
less than actual contributions from non-Federal sources.
(c) Matching Requirement.--
(1) In general.--The Secretary of the Treasury shall make
available to the Corporation from amounts available in the
Travel Promotion Fund--
(A) for fiscal year 2010, twice the amount that will be
collected from non-Federal sources by the Corporation
pursuant to section 4(b)(2) of this Act and not to exceed
$100,000,000; and
(B) for subsequent fiscal years, an amount equal to the
amount that will be collected from non-Federal sources by the
Corporation pursuant to section 4(b)(2) of this Act and not
to exceed $100,000,000.
(2) Goods and services.--For the purpose of determining the
amount of matching funds, other than money, available to the
Corporation--
(A) the fair market value, as determined by the
Corporation, of goods and services (including advertising)
contributed to the Corporation for use under this Act may be
included in the determination; but
(B) the fair market value of such goods and services may
not account for more than 65 percent of the matching
requirement for the Corporation in any fiscal year.
(3) Right of refusal.--The Corporation may decline to
accept any contribution in kind that it determines to be
inappropriate, not useful, or commercially worthless.
(d) Grant Offset.--For a given fiscal year, the Secretary
of the Treasury shall reduce the total amount of funding to
be transferred to the Corporation from the Travel Promotion
Fund by the amount of grants received by the Corporation
pursuant to section 2(e)(2)(A) to be used during that fiscal
year.
(e) Limitation.--The Corporation shall not expend funds or
obligate to expend funds that will exceed total amounts
received by the Corporation for a given fiscal year.
SEC. 5. TRAVEL PROMOTION FUND FEES.
Section 217(h)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1187(h)(3)(B)) is amended--
(1) in clause (i), by striking ``; and'' and inserting a
semicolon;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(iii) set for an amount that includes an additional
amount of not less than $10 above the amount set under clause
(i).
The additional amount required under clause (iii) shall be
transferred to the Treasury for the purpose of offsetting
appropriations made to the Corporation for Travel Promotion
established in section 2 of the Travel Promotion Act of 2008,
according to the requirements of section 4 of such Act. Such
additional amount may be reduced if the secretary of the
Treasury determines that the additional amount is not
necessary to ensure that the Corporation is fully funded.''.
SEC. 6. INVESTMENT OF FUNDS.
Pending disbursement pursuant to a program, plan, or
project, the Corporation may invest funds received by the
Corporation only in obligations of the United States or any
agency thereof, in general obligations of any State or any
political subdivision thereof, in any interest-bearing
account or certificate of deposit of a bank that is a member
of the Federal Reserve System, or in obligations fully
guaranteed as to principal and interest by the United States.
The Secretary of the Treasury shall reduce the total amount
of funding for a given fiscal year to be transferred from the
Travel Promotion Fund to the Corporation by the amount of
interest earned by the Corporation as a result of its
investments pursuant to this section for the preceding fiscal
year.
SEC. 7. PROHIBITION ON USE OF FUNDS.
No funds raised by the Treasury Department's Travel
Promotion Fund or the Corporation for Travel Promotion may be
used to directly promote or advertise a specific corporation.
SEC. 8. AMENDMENTS TO THE INTERNATIONAL TRAVEL ACT OF 1961.
(a) Powers and Duties of Secretary of Commerce.--Section
201 of the International Travel Act of 1961 (22 U.S.C. 2122)
is amended--
(1) in the first sentence of the matter preceding paragraph
(1)--
(A) by striking ``and by the United States National Tourism
Organization Act of 1996''; and
(B) by striking ``United States National Tourism
Organization'' and inserting ``Corporation for Travel
Promotion (established by section 3 of the Travel Promotion
Act of 2008)'';
(2) in paragraph (4), by striking ``United States National
Tourism Organization'' and inserting ``Corporation for Travel
Promotion''; and
(3) by adding at the end the following:
``Such plan may not include a comprehensive international
advertising campaign relating to critical tourism
functions.''.
(b) Tourism Policy Council.--
[[Page 21842]]
(1) Membership.--Subsection (b) of section 301 of the
International Travel Act of 1961 (22 U.S.C. 2124) is
amended--
(A) by striking paragraphs (8) through (10);
(B) by redesignating paragraph (11) as paragraph (13);
(C) by inserting after paragraph (7) the following new
paragraphs:
``(8) The Secretary of Homeland Security.
``(9) The Commissioner of U.S. Customs and Border
Protection of the Department of Homeland Security.
``(10) The Assistant Secretary of U.S. Customs and
Immigration Enforcement of the Department of Homeland
Security.
``(11) The Secretary of Education.''; and
(D) in paragraph (13) (as redesignated by subparagraph (B)
of this paragraph), by inserting ``, in consultation with
other members of the Council'' at the end before the period.
(2) Meetings.--Subsection (d) of such section is amended to
read as follows:
``(d) The Council shall meet not less than 2 times a year.
For the purposes of conducting business, each member of the
Council may appoint a designee to represent such member
during one or more meetings of the Council.''.
(3) Involvement of federal agencies and departments.--
Subsection (e) of such section is amended by adding at the
end the following new paragraph:
``(4) Members of the Council shall provide the Corporation
for Travel Promotion with timely information regarding
documentation and procedures required for admission to the
United States and regarding strategies planned by any Federal
department or agency to promote travel to the United States
for tourism, business, study, scholarship, scientific
exchange, or other purposes, so that the Corporation for
Travel Promotion may better conduct its communications and
promotion activities.''.
(4) Annual report.--Subsection (g)(3) of such section is
amended by striking ``United States National Tourism
Organization'' and inserting ``Corporation for Travel
Promotion''.
(5) Applicability of federal advisory committee act.--
Subsection (h) of such section is amended by striking
``President of the United States National Tourism
Organization'' and inserting ``President of the Corporation
for Travel Promotion''.
(c) Repeal of Authorities Relating to the United States
Travel and Tourism Promotion Advisory Board.--Section 210 of
the Department of Commerce and Related Agencies
Appropriations Act, 2003 (contained in title II of division B
of Public Law 108-7; 117 Stat. 78-79; 22 U.S.C. 2122 note) is
amended--
(1) by striking subsections (b) through (d); and
(2) by redesignating subsection (e) as subsection (b).
SEC. 9. DEFINITIONS.
In this Act, the following definitions apply:
(1) Board.--The term ``Board'' means the board of directors
of the Corporation.
(2) Corporation.--The term ``Corporation'' means the
Corporation for Travel Promotion established by section 2.
(3) Fund.--The term ``Fund'' means the Travel Promotion
Fund established by section 4.
(4) Secretary.--Except as otherwise expressly provided, the
term ``Secretary'' means the Secretary of Commerce.
SEC. 10. G.A.O. STUDY.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Government Accountability Office
shall initiate a study to assess barriers to entry into the
United States by foreign travelers. The GAO shall consult
with the Department of Homeland Security, including U.S.
Immigration and Customs Enforcement and Customs and Border
Protection, the Department of Commerce, and the Department of
the Treasury, as necessary.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the GAO shall report the findings to
the appropriate Congressional committees. The report shall
include--
(1) the GAO's findings on specific barriers to entry into
the United States by foreign travelers; and
(2) recommendations for initiatives that may reduce those
barriers.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Rush) and the gentleman from Nebraska (Mr. Terry) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. RUSH. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and include
extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RUSH. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, H.R. 3232, the Travel Promotion Act, was introduced by
Mr. Delahunt and Mr. Blunt and will help spur the tourism industry in
the United States by creating a Corporation For Travel Promotion within
the Department of Commerce. This corporation will be funded by private
sector money and special user fees.
Madam Speaker, I urge the bill's adoption.
Madam Speaker, I reserve the balance of my time.
Mr. TERRY. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 3232, the Travel Promotion
Act of 2008. This legislation would establish the Corporation for
Travel Promotion as a nonprofit corporation. The core mission would be
to promote tourism in the United States and provide travel information
to people around the world.
I am a cosponsor of the bill and support promoting the country's
tourism industry. Spending by international travelers while in this
country is defined as a U.S. export, and many have said that it is
strong U.S. export numbers that have kept the economy growing over the
last few quarters, despite a slowdown in other parts of the economy and
the huge problems that have presented themselves in the financial
markets.
Streamlining travel and tourism promotion through a not-for-profit
corporation that does not require taxpayer funds will go a long way to
help these industries and our economy.
Madam Speaker, I reserve the balance of my time.
Mr. RUSH. Madam Speaker, I am pleased to yield 2 minutes to the
gentleman from Massachusetts (Mr. Delahunt).
Mr. DELAHUNT. Madam Speaker, I thank the gentleman for yielding. Let
me express my gratitude to the Chair of the subcommittee for his
leadership, as well as to the ranking member, Mr. Whitfield, for his
efforts, as well as the Chair and ranking member of the full committee,
Messrs. Dingell and Barton.
I am pleased to join with the minority whip, my friend Roy Blunt, and
244 bipartisan House cosponsors to encourage support for the Travel
Promotion Act of 2008. This bill will reverse the decline in the number
of overseas visitors coming to the United States.
In a global economy, the world travel market is important. It means
jobs and new business opportunities. This is a market that is growing,
it is expanding, but our share of it keeps getting smaller. Overseas
tourists, scientists, businessmen and students are going elsewhere, put
off by the red tape and confusing guidelines for entry into the United
States. Even the weak dollar is not enticing enough visitors to reverse
this trend.
This drop is not only impacting our economy negatively, but we are
missing an important opportunity to improve our image in the world.
Data clearly demonstrates that it will help improve our image across
the globe by connecting visitors with the most effective ambassadors
that we have, the American people.
Once here, foreign visitors get to know us, who we are as a people
and our values. This promotes respect for America and for Americans. It
helps make the world a safer place for all of us, and it is the most
cost-effective public diplomacy initiative we could ever undertake, at
no cost to the American taxpayers.
I want to thank my colleagues on both sides of the aisle for the
strong bipartisan support for the legislation, and close my remarks by
urging the entire House to vote for its passage.
I would be remiss not to acknowledge the effort and the time that was
put into this particular proposal by the minority whip, Mr. Blunt. We
all are in his debt.
Madam Speaker, Once in awhile, this House gets it just right. And
when that happens, it's usually because we're working well together,
across the aisle., Today I'm very pleased to join with the Minority
Whip, my friend Roy Blunt and with 244 bipartisan House cosponsors--in
bringing to the floor the Travel Promotion Act of 2008. Without the
support of so many on both sides of the aisle, as Well as their
staffers, this day would not be possible.
[[Page 21843]]
The bill addresses the sharp decline in the number of overseas
visitors to the United States. The world travel market is expanding but
our share is getting smaller. Overseas tourists and businessmen and
students are going elsewhere--even though the weak dollar should make
the U.S. a cheap vacation. This drop has been felt in every sector of
our economy, and more importantly--in our relationship with the rest of
the world.
The reason is painfully simple. We don't make a coherent effort to
tell America's story, to say to foreign visitors that they are welcome.
Or to explain the confusing and sometimes intimidating rules and delays
and even indignities that have become part of our visa and border entry
process for foreigners since September 11, 2001.
Let me make clear that most of these rules are absolutely critical to
our national security. And that we're constantly working to improve
them.
The problem is most overseas visitors don't know that. And that what
they do know comes from the echo chamber of the foreign press, which is
often all too happy to exploit the horror stories about Fortress
America--stories which then get repeated over and over again.
A constituent of mine on Cape Cod--where travel and tourism is
literally the lifeblood of our local economy--described it as trying to
entice a patron to a restaurant. First, he said, you detain and search
the customer. Maybe pull his credit record and ask about past parking
tickets and other legal transgressions. Then you hope he'll wander in
for an expensive meal.
Even official visitors are not immune. Not too long ago the leader of
a delegation from the Russian Duma visiting Capitol Hill concluded our
inter-parliamentary meetings by saying he had thoroughly enjoyed our
time together--and that he was never, under any circumstances,
returning to the United States again. All because of the way he was
treated during the entry process.
We are one of the only nations in the world that leaves the foreign
travel marketplace to chance, with no official strategy to compel
foreigners to visit the United States. The economic impact is
staggering. The drop in foreign travel to the U.S. since 9/11
translates into a loss of $94 billion in visitor spending. A loss of
$16 billion in tax revenue. And the loss of 200,000 American jobs in
nearly every congressional district in this nation. No city in the
United States has been hit harder than Boston.
In that spirit, I believe that this proposal will inject much needed
capital into the American economy. Travel and tourism, when the sector
is doing well, drives economic growth and creates opportunity at every
level of the economy: from the airlines, to the hotel staff, to the
cooks and dishwashers, to the tourguides. This bill will drive growth
and create jobs here at home.
Even worse, is the effect on the already-tarnished face of the United
States around the globe. If we're really worried about the distortions
about us learned in madrassas, the best antidote is to encourage a
first-hand look at our country and our people.
The Foreign Affairs Subcommittee on Oversight, which I chair,
recently concluded a series of hearings on America's declining image in
the world. The conclusions were overwhelming and deeply alarming.
Zogby International found that ``Arabs who know Americans, Arabs who
visited America . . . they tend to like our people, our culture, our
products and our values more.''
The same poll found that people who say ``yes'' when asked, ``Have
you been to the United States, or would you like to come to the United
States?'' are 25-30 points more favorable than those who say ``no''.
The survey also found that students who visit the United States have
more positive views about us than non-visitors by a factor of 10
percent--and that this favorable reaction was also shared by their
family and friends.
One of the key recommendations for Congress from the bipartisan U.S.-
Muslim Engagement Project, is to expand exchange programs ``with a
smarter targeting of visa restrictions to enable Muslims who pose a low
security risk, especially journalists, business people, and religious
leaders, to enter the U.S. more easily.''
Travel nearly always changes lives and attitudes for the better. Both
the visitor and host open their minds and hearts to new ideas--and to
each other. We all know that the best ambassadors for our fundamental
values are ordinary Americans. Once here, foreign visitors get to know
us and our good intentions. When they return home, they tell family and
friends about our cities and towns, our beaches and mountains, our
ballparks and skyscrapers and farms and museums. This is an idealistic
vision, but it is one that is supported by reams of studies and data.
To discourage travel to the U.S. is to squander our best resource in
the war of ideas: the American people. And as a consequence, an entire
generation of future world leaders will grow up knowing as little about
us as we do about them. There is one thing that is certain--if we
continue down this road, we will live in a safer and less secure world.
To promote America, we must promote travel. That's Public Diplomacy
101. Toward that end, H.R. 3232 would establish the non-profit
Corporation for Travel Promotion, at no expense to the taxpayer and
with enormous economic benefits in red and blue congressional districts
across the Nation.
That's why H.R. 3232 enjoys the support of the U.S. Conference of
Mayors, U.S. Chamber of Commerce, U.S. Olympic Committee, National
Association of Manufacturers and 50 State tourism directors and
thousands of mom-and-pop business that benefit from overseas travelers.
As Senator Dick Lugar remarked recently, we as a Nation have become
``inhospitable''. And I'm pleased to report that Senator Lugar signed
on last week as the 50th cosponsor of the Senate companion of H.R.
3232. Followed yesterday by Senator Casey as number 51--yet more
evidence of the bipartisan nature of this legislation.
In that spirit, I again want to express my appreciation for the
leadership of Congressman Blunt, and that of Chairman Dingell and
Subcommittee Chairman Rush, as well as our colleagues on the Judiciary
and Homeland Security Committees and their respective staffs, in
working so cooperatively to move the bill to the floor. As one
constructive element of those discussions, I would like to specifically
note my expectation that the program to market America abroad will
create business opportunities for marketing and advertising
professionals for minority--and women-owned businesses.
I urge my colleagues to vote for this legislation, and look forward
to joining with our colleagues in the Senate to enact it into law in
the very near future.
Mr. TERRY. Madam Speaker, I yield such time as he may consume to the
gentleman who represents probably the biggest destination of domestic
tourists and foreign tourists, the gentleman from Orlando, Florida (Mr.
Keller).
Mr. KELLER of Florida. I thank the gentleman for yielding.
I rise today as a proud supporter and cosponsor of H.R. 3232, the
Travel Promotion Act. I would like to tell you why I support it, how it
works and what the benefits are.
Why I support it, I represent the world's number one vacation
destination, Orlando, Florida. We have 49 million tourists a year,
mainly because my fine city is home to Disney World, Universal Studios,
Sea World and many other exciting theme parks.
Forty-nine million tourists a year represents 46 million tourists
domestically, but only 3 million internationally. You would think that
Orlando and the other tourist destinations throughout the United States
would be a good value now for European travelers, particularly with the
weak American dollar. But we are not seeing that. In fact, our
international tourism numbers are down to levels lower than they were
before 9/11. Even though domestic travel is up 13 percent,
international travel is down 6 percent.
Other countries spend millions of dollars to promote international
tourism. We don't. Unfortunately, a lot of travelers in Europe and
other continents mistakenly think that the process of entry and visas
and security is a lot more complicated than it really is.
So, how would this legislation work? This legislation provides $200
million to promote international tourism through marketing overseas and
communicating U.S. security and entry policies. It spends this $200
million without one penny being charged to taxpayers. Half of the money
comes from the private sector, the other half is paid for by foreign
travelers.
Now, what is the benefit of this legislation? It will create
thousands of jobs. One of my employers alone provides 60,000 jobs. One
out of four people in my area is employed in the tourism industry.
Expert studies show that this legislation will generate up to $1
billion a year in an additional tax revenues. This is legislation that
is key to stimulating the economy, at a time when we need the economy
stimulated the most.
[[Page 21844]]
I want to close by pointing out the broad bipartisan support that
this legislation has. We have 243 cosponsors. I want to especially
congratulate the lead sponsors of this legislation, Mr. Delahunt of
Massachusetts and the minority whip, Mr. Blunt of Missouri. They have
worked on this legislation for many years and pushed very hard to
finally get us a floor vote. I am proud to join them today as a
cosponsor and proud of their hard work.
I want to urge all of my colleagues on both sides of the aisle to
vote yes on H.R. 3232. Let's be in favor of the Travel Promotion Act,
and let's create some jobs at a time when we need them the most.
Mr. RUSH. Madam Speaker, I am pleased to yield 2 minutes to my
friend, the gentleman from California (Mr. Farr), a fellow Eva Cassidy
fan.
Mr. FARR. Thank you very much, Mr. Chairman, for yielding. I rise in
strong support of this bill.
Myself and my colleague on the other side of the aisle, Jon Porter,
formed the Congressional Tourism and Travel Caucus. Jon Porter is an
outstanding cochair of that Tourism and Travel Caucus, and we have
worked very closely with the authors, because this is a totally
bipartisan bill, with Mr. Delahunt and Mr. Blunt. It has been a work in
progress for about the last 10 years, something the industry has really
needed and America has really needed, particularly after 9/11, to try
to expedite travelers coming to this country from especially those
countries where we already have the Visa Waiver Program.
There is no taxpayer money in this. It is a congressionally created
nonprofit corporation based here in Washington, D.C. It will have a 15-
member directorate. They are not civil employees; they are not
government employees. Those 15 members represent all aspects of
American business, travel and rural areas as well, because, frankly, to
boost the travel economy in this country boosts jobs in everybody's
community. So this is one of those economic stimulus plans for America
that has long been sought.
As you turn on the television and listen to these ads from other
countries trying to woo Americans to travel overseas to their
countries, to Australia, New Zealand, Europe and so on, we are going to
be able to compete with that kind of travel promotion and really do
what I think is so wonderful about promoting America, not a particular
commercial destination, but just America as a country and a place to
visit and see the wonderful people here. We will live that American
Dream, with people seeing what an incredible country and what wonderful
people make up this country.
So I am very excited about the opportunity to really boost tourism in
America, to boost world understanding of American culture and
Americans, and really I think this is a big step towards global peace,
and it is good for business in this country as well.
Madam Speaker, I urge a strong bipartisan vote for this bill.
Mr. EMANUEL. Madam Speaker, I rise today in strong support of H.R.
3232, the Travel Promotion Act of 2007. I want to thank my friend from
Massachusetts, Congressman Delahunt, for his hard work on this bill,
which would create American jobs, help boost our economy, and improve
our image abroad through international goodwill.
The Travel Promotion Act would create a nonprofit entity funded by
private companies to promote tourism in the United States, an industry
which is vital to our economy and helps improve America's image abroad.
For example, last year, Chicago alone welcomed an additional 1.15
million overseas visitors, an increase of 8 percent from 2006. Illinois
saw tourism revenue from international visitors rise 15.6 percent to
$1.98 billion in 2007.
In addition to tourism being a key component of the American economy,
the best way to improve our standing abroad is for people from other
countries to come meet Americans and see our cities and sights.
To that end, the Travel Promotion Act can aid in our efforts to bring
the 2016 Olympic and Paralympic Games to Chicago. Encouraging the world
to visit Chicago for the Olympics would help showcase us as one of
America's greatest cities, helping to build support for the 2016 Games
in Chicago. Chicago was the 9th most popular U.S. city for overseas
visitors last year, and the more people that visit our city and meet
Chicagoans, the more goodwill we will build for our bid for Chicago to
be the host city in 2016.
Madam Speaker, millions of Americans came away with a new
understanding of China thanks to the Beijing Games this past summer.
The Travel Promotion Act can help promote America to people all over
the world, and as more people come to Chicago, I am confident that they
will know what we know--Chicago is a first class city ready to host the
world in 2016.
Mr. BLUNT. Madam Speaker, I rise today in strong support of H.R.
3232, the Travel Promotion Act of 2008. As I've stated this month
during committee consideration of this bill, I believe this is a good
bill that will allow our public and private sectors to cooperate on a
strategy to encourage foreign visitors to come to the United States.
I also want to extend, once again, my thanks to my friend and
colleague, Bill Delahunt, whose primary sponsorship and work on behalf
of this legislation has gotten us to where we are today. And to all the
other cosponsors and supporters of this bill, let me also offer my
appreciation.
This legislation is a response to the opportunity costs borne by the
travel and tourism industries following reforms that Congress
implemented in the wake of the 9/11 attacks. Security was tightened at
our ports of entry and we have made progress in better coordinating our
national security apparatus to be aware of who is coming in and out of
the country. Those reforms, though not always perfect, were important
and we should be grateful that our country has been made safer as a
result of them.
But the cost of those reforms has impacted some segments of our
economy that were already directly impacted by the 9/11 attacks.
Foreign visitors who, for a period of time, were unwilling to get on
airplanes due to uncertainty about their safety after 9/11 are now
unwilling to get on the same airplanes due to the bureaucratic
obstacles to getting into the United States. Multiple agencies have
heeded our call for greater security and barriers to entry, but the
resulting layers of bureaucratic tape mean that legitimate visitors are
often treated in a way none of us should be proud of, simply because
they don't possess a United States passport. Millions of foreign
travelers who want to visit our country for all the right reasons have
received this message loud and clear: KEEP OUT. It isn't worth it to
come here. The United States does not welcome you.
I've seen some estimates that show the results. Between 2004 and
2005, the United States experienced a decline of 10 percent in business
travel. At the same time, Europe experienced an 8-percent increase. In
2005, we lost an estimated $43 billion in visitor spending alone.
Increasing unwillingness by foreign visitors to come to the United
States since 9/11 translates into a loss of $94 billion in visitor
spending; a loss of $16 billion in tax revenue to Federal, state and
local governments; and the loss of 200,000 American jobs.
Travel and tourism affects every congressional district in America.
In my home district in Missouri, tourism in the city of Branson alone
produced approximately $1.8 billion for the local economy. Every one of
my colleagues have places in their districts that foreign travelers
benefit from visiting. We need to encourage that. Getting people to
visit our country brings incredible benefits for things that are
important to our country. Three specific things come to mind:
First, tourists spend and that helps local and regional economies. We
all know our nation faces economic challenges today. Support for local
businesses and the goods and services they offer is good for our tax
base. Those revenues are benefits that our constituents don't have to
pay in taxes themselves. And that's a good thing.
Second, tourism helps create jobs. Local businesses in support of
tourist economies generate and sustain employment at all levels of the
economy. At a time of economic challenge for many American families and
their communities, these jobs are critical.
Finally, people who visit the United States tend to like Americans
more. At a time when polling shows that fewer people understand
Americans, it shouldn't surprise us that there is waning support for
our policies throughout the world. We know that when people visit us
here in our country, they almost always like Americans more and are
likely to consider American foreign policy more favorably than those
who don't visit us. Members of Congress know better than anyone in the
country that our best ambassadors are our constituents, when given the
opportunity.
The Travel Promotion Act of 2008 is an effort to encourage all of
those things, and reverse the dangerous notion that America is an
[[Page 21845]]
unwelcoming place, not even worth the trouble of visiting. It creates a
partnership that combines the resources and willpower of the private
sector and the government to generate renewed interest in visiting
America. We also took a hard look at what's already on the books and
streamlined parts of the government that are supposed to be doing this
work but aren't doing it effectively.
One area where I wish we'd spent some more time and effort was on
updating the language relating to the Electronic System for Traveler
Authorization (ESTA). When we originally crafted this bill, the ESTA
had not yet been created, so our language included a reference to this
on the condition it was authorized. The ESTA was authorized as part of
the 9/11 bill that Congress passed last year. Unfortunately that
legislation did not provide a mandate for the administration to collect
the very fee that will provide the federal matching funds for the
Corporation. I had hoped that as a result of the negotiations that got
us here today, we would have found a way to create that mandate. I've
been told that the Department of Homeland Security intends to create a
fee in order to implement the ESTA in the near future. I would
encourage the Department to do that and help get this program
established.
The bill we have in front of us is an amended version of the bill
that Mr. Delahunt and I introduced last year. I appreciate the hard
work that Chairman Dingell and Ranking Member Barton have put into
these amendments, as well as the work that Mr. Rush and Mr. Stearns put
into the amendments that cleared the subcommittee last week. I think
most of these changes enhance the bill and make it a better product.
I'd also like to thank Chairman Bennie Thompson and Ranking Member
Peter King from the Homeland Security Committee, and Chairman John
Conyers and Ranking Member Lamar Smith from the Judiciary Committee.
Without the hard work of these members and their staffs, we wouldn't
have this bill up on the floor today.
I'm looking forward to passage of the Travel Promotion Act. I'm
looking forward to working with the industry experts who eventually
will serve on the board of the Corporation for Travel Promotion and
with the Department of Commerce to develop a strategy to ensure our
country is an attractive market for international travelers. And, of
course, I'm looking forward to welcoming as many of those travelers as
possible to Branson, Missouri.
Mr. DINGELL. Madam Speaker, I rise in support of H.R. 3232, the
``Travel Promotion Act of 2008.'' This legislation is the bipartisan
product of negotiations between three committees. I commend several of
my colleagues who contributed to this bill's improvement. In
particular, my good friend and the chairman of the Subcommittee on
Commerce, Trade, and Consumer Protection, Bobby Rush, deserves
recognition for his efforts. I also extend my personal thanks to the
chairmen and ranking members of the Committees on Homeland Security and
the Judiciary, Representatives Thompson, King, Conyers, and Smith,
respectively. Lastly, I offer my gratitude and congratulations to my
friend from Massachusetts, Representative Delahunt, the distinguished
Republican Whip, Representative Blunt, and Representative Lofgren of
California.
The amendments made to H.R. 3232 by the Committee on Energy and
Commerce in consultation with the other Committees have measurably
strengthened the accountability standards to which the Corporation for
Travel Promotion, which this bill charters, will be held. I support the
goal of encouraging more foreign tourists traveling to the United
States, and would urge my colleagues to adopt the ``Travel Promotion
Act of 2008.''
House of Representatives,
Committee on Homeland Security,
Washington, DC, September 24, 2008.
Hon. John D. Dingell,
Chairman, Committee on Energy and Commerce, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you regarding H.R. 3232,
the Travel Promotion Act of 2007, introduced by Mr. Delahunt
on July 31, 2007, which upon introduction was referred to the
Committee on Energy and Commerce, and in addition to the
Committees on the Judiciary and Homeland Security.
H.R. 3232 was marked up and ordered reported by the
Committee on Energy and Commerce on September 23, 2008. I
recognize and appreciate your desire to bring this bill
before the House in an expeditious manner, and, accordingly,
I will waive further consideration of this bill in Committee.
However, agreeing to waive consideration of this bill should
not be construed as the Committee on Homeland Security
waiving, altering, or otherwise affecting its jurisdiction
over H.R. 3232.
Further, I request your support for the appointment of
Committee on Homeland Security conferees during any House-
Senate conference convened on this or similar legislation.
Finally, I request that a copy of this letter be included in
the Congressional Record during floor consideration of H.R.
3232. I look forward to working with you on this legislation
and other matters of great importance to this nation.
Sincerely,
Bennie G. Thompson,
Chairman.
____
House of Representatives, Committee on Energy and
Commerce,
Washington, DC, September 25, 2008.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security, Washington, DC.
Dear Chairman Thompson: Thank you for your letter regarding
H.R. 3232, the Travel Promotion Act of 2008.
The letter expresses the jurisdictional interest of the
Committee on Homeland Security in the bill. The Committee on
Energy and Commerce recognizes that your Committee has
received a referral on H.R. 3232. I appreciate your decision
to forgo a markup of the bill, and I agree with you that the
decision does not in any way prejudice the Committee on
Homeland Security with respect to its jurisdictional
prerogatives, including the appointment of conferees, on this
bill or similar legislation in the future. If a House-Senate
conference is convened on H.R. 3232, I would support a
request by the Committee on Homeland Security for an
appropriate number of conferees with respect to provisions
within its jurisdiction.
I will include our letters in the Congressional Record
during consideration of the bill on the House floor. I
appreciate the collaboration between our committees in
crafting H.R. 3232, and I look forward to continuing to work
with you to pass this important legislation.
Sincerely,
John D. Dingell,
Chairman.
Mr. TERRY. Madam Speaker, we have no further speakers, and I yield
back my time.
Mr. FARR. Madam Speaker, as co-chair of the Congressional Travel and
Tourism Caucus and an original co-sponsor of this bill, I am pleased to
see The Travel Promotion Act (H.R. 3232) pass the House of
Representatives.
This legislation will re-establish the United States as a premier
destination for foreign travelers. Since September 11, the United
States has seen a decline of more than 46 million overseas travelers
costing our economy $140 billion. This bill will put us back on track.
H.R. 3232 creates a nonprofit corporation to promote the United
States to international visitors--this is a public-private partnership
with no cost to the American taxpayer. With the current level of the
dollar, the United States is a travel bargain and that message needs to
get out.
Nearly every developed nation in the world spends millions of dollars
to attract visitors, an investment that pays big dividends. Overseas
visitors stay longer and spend more. The United States is missing out
on a large share of the global tourism market, and we will continue to
lose out without this sensible investment.
Another benefit of this bill is the increased person-to-person
contact that we will enjoy. At a time when our image abroad is
tarnished, this is an opportunity to use our communities to serve as
diplomats to the world. There are no better ambassadors than the
American people.
I want to thank Congressman Bill Delahunt and Congressman Roy Blunt
and for their leadership on this bill,
Additionally, I would like to thank my co-chair on the Congressional
Travel & Tourism Caucus, Congressman Jon Porter of Nevada, It has been
my pleasure to work with him on his legislation and on many other
travel-related issues. His tireless efforts for the travel community
and the caucus are truly admirable.
Mr. DELAHUNT. Madam Speaker, as Members of Congress who have long
been strong proponents of American small businesses, we were pleased to
include a small business representative on the Board of Directors of
the Corporation for Travel Promotion established under H.R. 3232, the
Travel Promotion Act of 2008, which was recently passed by the House of
Representatives.
Small businesses are the foundation of the American economy and play
an integral role in the travel and tourism industry. A small business
representative on the board would offer a unique perspective on
promoting travel to the United States. As such, it is imperative that
this individual has significant, recent or current experience operating
or being integrally involved in a small business' operation.
[[Page 21846]]
We look forward to enactment of the Travel Promotion Act, and to the
small business representative on the Corporation for Travel Promotion's
board being a strong voice for small business in this country.
Mr. RUSH. Madam Speaker, I have no further speakers, and I yield back
the balance of my time.
The SPEAKER pro tempore (Mrs. Boyda of Kansas). The question is on
the motion offered by the gentleman from Illinois (Mr. Rush) that the
House suspend the rules and pass the bill, H.R. 3232, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________
FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate has passed without amendment a bill of the
House of the following title:
H.R. 2851. An act to amend the Employee Retirement Income
Security Act of 1974, the Public Health Service Act, and the
Internal Revenue Code of 1986 to ensure that dependent
students who take a medically necessary leave of absence do
not lose health insurance coverage, and for other purposes.
The message also announced that the Senate has passed with an
amendment in which the concurrence of the House is requested, a bill of
the House of the following title:
H.R. 5057. An act to reauthorize the Debbie Smith DNA
Backlog Grant Program, and for other purposes.
The message also announced that the Senate has passed bills of the
following titles in which the concurrence of the House is requested:
S. 1276. An act to facilitate the creation of
methamphetamine precursor electronic logbook systems, and for
other purposes.
S. 3296. An act to extend the authority of the United
States Supreme Court Police to protect court officials off
the Supreme Court Grounds and change the title of the
Administrative Assistant to the Chief Justice.
S. 3560. An act to amend title XIX of the Social Security
Act to provide additional funds for the qualifying individual
(QI) program, and for other purposes.
____________________
{time} 1815
CALLING CARD CONSUMER PROTECTION ACT
Mr. RUSH. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3402) to require accurate and reasonable disclosure of the
terms and conditions of prepaid telephone calling cards and services,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3402
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Calling Card Consumer
Protection Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act, the following definitions apply:
(1) The term ``Commission'' means the Federal Trade
Commission.
(2) The term ``prepaid calling card'' has the meaning given
the term ``prepaid calling card'' by section 64.5000(a) of
the Federal Communications Commission's regulations (47
C.F.R. 64.5000(a)). Such term shall also include calling
cards that use VoIP service or a successor protocol. Such
term shall also include an electronic or other mechanism that
allows users to pay in advance for a specified amount of
calling. Such term shall not include--
(A) calling cards or other rights of use that are provided
for free or at no additional cost as a promotional item
accompanying a product or service purchased by a consumer;
(B) any card, device, or other right of use, the purchase
of which establishes a customer-carrier relationship with a
provider of wireless telecommunications service or wireless
hybrid service, or that provides access to a wireless
telecommunications service or wireless hybrid service account
wherein the purchaser has a pre-existing relationship with
the wireless service provider; or
(C) payphone service, as that term is defined in section
276(d) of the Communications Act of 1934 (47 U.S.C. 276(d)).
(3) The term ``prepaid calling card provider'' has the
meaning given the term ``prepaid calling card provider'' by
section 64.5000(b) of the Federal Communications Commission's
regulations (47 C.F.R. 64.5000(b)). Such term shall also
include--
(A) a provider of a prepaid calling card that uses VoIP
service or a successor protocol; and
(B) a provider of a prepaid calling card that allows users
to pay in advance for a specified amount of minutes through
an electronic or other mechanism.
(4) The term ``prepaid calling card distributor'' means any
entity or person that purchases prepaid calling cards from a
prepaid calling card provider or another prepaid calling card
distributor and sells, re-sells, issues, or distributes such
cards to one or more distributors of such cards or to one or
more retail sellers of such cards.
(5) The term ``wireless hybrid service'' is defined as a
service that integrates both commercial mobile radio service
(as defined by section 20.3 of the Federal Communications
Commission's regulations (47 C.F.R. 20.3)) and VoIP service.
(6) The term ``VoIP service'' has the meaning given the
term ``interconnected Voice over Internet protocol service''
by section 9.3 of the Federal Communications Commission's
regulations (47 C.F.R. 9.3). Such term shall include any
voice calling service that utilizes a voice over Internet
protocol or any successor protocol in the transmission of the
call.
(7) The term ``fees'' includes all charges, fees, taxes, or
surcharges applicable to a prepaid calling card that are--
(A) required by Federal law or regulation or order of the
Federal Communications Commission or by the laws and
regulations of any State or political subdivision of a State;
or
(B) expressly permitted to be assessed under Federal law or
regulation or order of the Federal Communications Commission
or under the laws and regulations of any State or political
subdivision of a State.
(8) The term ``additional charge'' means any charge
assessed by a prepaid calling card provider or prepaid
calling card distributor for the use of a prepaid calling
card, other than a fee or rate.
(9) The term ``international preferred destination'' means
one or more specific international destinations named on a
prepaid calling card or on the packaging material
accompanying a prepaid calling card.
SEC. 3. REQUIRED DISCLOSURES OF PREPAID CALLING CARDS.
(a) Required Disclosure.--Any prepaid calling card provider
or prepaid calling card distributor shall disclose clearly
and conspicuously the following information relating to the
terms and conditions of the prepaid calling card:
(1) The name of the prepaid calling card provider and such
provider's customer service telephone number and hours of
service.
(2)(A) The number of domestic interstate minutes available
from the prepaid calling card and the number of available
minutes for all international preferred destinations served
by the prepaid calling card at the time of purchase; or
(B) the dollar value of the prepaid calling card, the
domestic interstate rate per minute provided by such card,
and the applicable per minute rates for all international
preferred destinations served by the prepaid calling card at
the time of purchase.
(3)(A) The applicable per minute rate for all individual
international destinations served by the card at the time of
purchase; or
(B) a toll-free customer service number and website (if the
provider maintains a website) where a consumer may obtain the
information described in subparagraph (A) and a statement
that such information may be obtained through such toll-free
customer service number and website.
(4) The following terms and conditions pertaining to, or
associated with, the use of the prepaid calling card:
(A) Any applicable fees associated with the use of the
prepaid calling card.
(B) A description of any additional charges associated with
the use of the prepaid calling card and the amount of such
charges.
(C) Any limitation on the use or period of time for which
the promoted or advertised minutes or rates will be
available.
(D) Applicable policies relating to refund, recharge, and
any predetermined decrease in value of such card over a
period of time.
(E) Any expiration date applicable to the prepaid calling
card or the minutes available with such calling card.
(b) Location of Disclosure and Language Requirement.--
(1) Clear and conspicuous.--
(A) Cards.--The disclosures required under subsection (a)
shall be printed in plain English language (except as
provided in paragraph (2)) in a clear and conspicuous manner
and location on the prepaid calling card. If the card is
enclosed in packaging that obscures the disclosures on the
card, such disclosures also shall be printed on the outside
packaging of the card.
(B) Online services.--In addition to the requirements under
subparagraph (A), in the case of a prepaid calling card that
consumers purchase via the Internet, the disclosures required
under subsection (a) shall be displayed in plain English
language (except as provided in paragraph (2)) in a clear and
conspicuous manner and location on the Internet website that
the consumer must access prior to purchasing such card.
(C) Advertising and other promotional material.--Any
advertising for a prepaid
[[Page 21847]]
calling card that contains any representation, expressly or
by implication, regarding the dollar value, the per minute
rate, or the number of minutes provided by the card shall
include in a clear and conspicuous manner and location all
the disclosures described in subsection (a).
(2) Foreign languages.--If a language other than English is
prominently used on a prepaid calling card, its packaging, or
in point-of-sale advertising, Internet advertising, or
promotional material for such card, the disclosures required
by this section shall be disclosed in that language on such
card, packaging, advertisement, or promotional material.
(c) Minutes Announced, Promoted, or Advertised Through
Voice Prompts.--Any information provided to a consumer by any
voice prompt given to the consumer at the time the consumer
uses the prepaid calling card relating to the remaining value
of the calling card or the number of minutes available from
the calling card shall be accurate, taking into account the
application of the fees and additional charges required to be
disclosed under subsection (a).
(d) Disclosures Required Upon Purchase of Additional
Minutes.--If a prepaid calling card permits a consumer to add
value to the card or purchase additional minutes after the
original purchase of the prepaid calling card, any changes to
the rates or additional charges required to be disclosed
under subsection (a) shall apply only to the additional
minutes to be purchased and shall be disclosed to the
consumer before the completion of such purchase.
SEC. 4. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair and Deceptive Act or Practice.--A violation of
section 3 shall be treated as a violation of a rule defining
an unfair or deceptive act or practice prescribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(b) Authority of the Commission.--The Commission shall
enforce this Act in the same manner and by the same means as
though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part
of this Act. Notwithstanding any provision of the Federal
Trade Commission Act or any other provision of law and solely
for purposes of this Act, common carriers subject to the
Communications Act of 1934 (47 U.S.C. 151 et seq.) and any
amendment thereto shall be subject to the jurisdiction of the
Commission.
(c) Rulemaking Authority.--Not later than 180 days after
the date of enactment of this Act, the Commission shall, in
consultation with the Federal Communications Commission and
in accordance with section 553 of title 5, United States
Code, issue regulations to carry out this Act. In
promulgating such regulations, the Commission shall--
(1) take into consideration the need for clear disclosures
that provide for easy comprehension and comparison by
consumers, taking into account the size of prepaid calling
cards; and
(2) give due consideration to the views of the Federal
Communications Commission with regard to matters for which
that Commission has particular expertise and authority and
shall take into consideration the views of States.
In promulgating such regulations, the Commission shall not
issue regulations that otherwise affect the rates, terms, and
conditions of prepaid calling cards.
(d) Savings Provision.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law. Except to the extent expressly
provided in this Act, nothing in this Act shall be construed
to alter or affect the exemption for common carriers provided
by section 5(a)(2) of the Federal Trade Commission Act (15
U.S.C. 45(a)(2)). Nothing in this Act is intended to limit
the authority of the Federal Communications Commission.
SEC. 5. STATE ENFORCEMENT.
(a) In General.--
(1) Civil actions.--In any case in which the attorney
general of a State, a State utility commission, or other
consumer protection agency has reason to believe that an
interest of the residents of that State has been or is
threatened or adversely affected by the engagement of any
person in a practice that is prohibited under this Act, the
State utility commission or other consumer protection agency,
if authorized by State law, or the State, as parens patriae,
may bring a civil action on behalf of the residents of that
State in a district court of the United States of appropriate
jurisdiction, or any other court of competent jurisdiction
to--
(A) enjoin that practice;
(B) enforce compliance with this Act;
(C) obtain damage, restitution, or other compensation on
behalf of residents of the State; or
(D) obtain such other relief as the court may consider to
be appropriate.
(2) Notice to the commission.--
(A) In general.--Before filing an action under paragraph
(1), the State shall provide to the Commission--
(i) written notice of the action; and
(ii) a copy of the complaint for the action.
(B) Exemption.--
(i) In general.--Subparagraph (A) shall not apply with
respect to the filing of an action by a State under this
subsection, if the attorney general or other appropriate
officer determines that it is not feasible to provide the
notice described in that subparagraph before the filing of
the action.
(ii) Notification.--In an action described in clause (i),
the State shall provide notice and a copy of the complaint to
the Commission at the same time as the State files the
action.
(b) Intervention by Commission.--
(1) In general.--On receiving notice under subsection
(a)(2), the Commission shall have the right to intervene in
the action that is the subject of the notice.
(2) Effect of intervention.--If the Commission intervenes
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that arises in
that action;
(B) to remove the action to the appropriate United States
District Court; and
(C) to file a petition for appeal.
(c) Construction.--For purposes of bringing any civil
action under subsection (a), nothing in this section shall be
construed to prevent an attorney general of a State, a State
utility commission, or other consumer protection agency
authorized by State law from exercising the powers conferred
on the attorney general or other appropriate official by the
laws of that State to--
(1) conduct investigations;
(2) administer oaths or affirmations;
(3) compel the attendance of witnesses or the production of
documentary and other evidence; or
(4) enforce any State law.
(d) Action by the Commission May Preclude State Action.--In
any case in which an action is instituted by or on behalf of
the Commission for violation of this Act, or any regulation
issued under this Act, no State may, during the pendency of
that action, institute an action under subsection (a) against
any defendant named in the complaint in that action for
violation of this Act or regulation.
(e) Venue; Service of Process.--
(1) Venue.--Any action brought under subsection (a) may be
brought in the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code.
(2) Service of process.--In an action brought under
subsection (a), process may be served in any district in
which the defendant--
(A) is an inhabitant; or
(B) may be found.
(f) Limitation.--No prepaid calling card distributor who is
a retail merchant or seller of prepaid calling cards, who,
with respect to such cards, is exclusively engaged in point-
of-sale transactions may be liable for damages in an action
authorized under this section unless such distributor acted
with actual knowledge that the act or practice giving rise to
such action is unfair or deceptive and is unlawful under this
Act.
SEC. 6. APPLICATION.
This Act shall apply to--
(1) any prepaid calling card issued or placed into the
stream of commerce beginning 90 days after the date on which
final regulations are promulgated pursuant to section 4(c);
and
(2) any advertising, promotion, point-of-sale material or
voice prompt regarding a prepaid calling card that is
disseminated beginning 90 days after the date on which final
regulations are promulgated pursuant to section 4(c).
If the Commission determines that it is not feasible for
prepaid calling card providers or distributors to comply with
the requirements of this Act with respect to prepaid calling
cards issued or placed into the stream of commerce after such
90-day period, the Commission may extend such period by not
more than an additional 90 days.
SEC. 7. EFFECT ON STATE LAWS.
After the date on which final regulations are promulgated
pursuant to section 4(c), no State or political subdivision
of a State may establish or continue in effect any provision
of law that prescribes disclosure requirements with respect
to prepaid calling cards unless such requirements are
identical to the requirements of section 3.
SEC. 8. G.A.O. STUDY.
Beginning 2 years after the date on which final regulations
are promulgated pursuant to section 4(c), the Comptroller
General shall conduct a study of the effectiveness of this
Act and the disclosures required under this Act and shall
submit a report of such study to Congress not later than 3
years after the date of enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Rush) and the gentleman from Nebraska (Mr. Terry) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. RUSH. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill under consideration.
[[Page 21848]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. RUSH. Madam Speaker, I yield myself such time as I may consume.
H.R. 3402, the Calling Card Consumer Protection Act, was introduced
by my friend, Mr. Engel, and will help end calling card fraud that
currently plagues communities across this Nation. It requires full and
accurate disclosures on the fees, charges and terms that apply to
calling cards, and it will go a long ways towards protecting innocent
consumers.
I urge the bill's adoption.
Madam Speaker, I reserve the balance of my time.
Mr. TERRY. Madam Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 3042, the Calling Card Consumer Protection
Act.
There is enormous fraud in the marketing and delivery of prepaid
calling card services, reportedly up to as much as 30 percent to 40
percent of the industry's revenue. Prepaid card fraud is not a new
problem, but has grown into a $1 billion industry that has attracted an
increasing number of new providers, some better than others.
In many cases, the fraud is associated with the cards marketed to
people from a specific region in the world with purported preferred
rates to their country of origin. The States have responded to this
problem with their own disclosure requirements and have increasingly
brought enforcement actions against the bad actors, as has the Federal
Trade Commission.
H.R. 3402 attempts to put the Federal Trade Commission in a strong
position to go after the bad actors and to mandate proper disclosures
to consumers. A national law is helpful, because it provides
consistency for providers and consumers, consistency for enforcement,
and it reduces confusion across this market.
In addition to preemption of State law for H.R. 3402 to be effective,
it will have to apply to common carriers. We have crafted a very narrow
enforcement authority for the FTC, solely for the purposes of this act,
and I am glad we could do that on a bipartisan basis.
Madam Speaker, I reserve the balance of my time.
Mr. RUSH. Madam Speaker, I am pleased to yield 5 minutes to my
friend, the author of this bill, the gentleman from New York (Mr.
Engel).
Mr. ENGEL. I thank my good friend, the gentleman from Illinois (Mr.
Rush) for his hard work on this important issue. We are so delighted,
Bobby, to see you back. We look forward to continuing our work with
you. Thank you so much for everything you have done, and, also, the
gentleman from Nebraska (Mr. Terry).
I would to also thank our chairman of the Energy and Commerce
Committee, Mr. Dingell, the gentleman from Michigan for his strong
support of this legislation.
This passed unanimously out of the Energy and Commerce Committee in a
bipartisan way and in no small part due to the people I have mentioned
before. I also want to thank the dedicated majority and minority staffs
of the Consumer Protection and Telecommunications subcommittees for
their diligent work in crafting an excellent bipartisan, compromise
bill.
Madam Speaker, the prepaid calling card market is a $4 billion
industry. In a recent independent study it was found that, on average,
companies failed to provide 40 percent of the minutes guaranteed by the
card, costing consumers hundreds of millions of dollars a year.
This fraud harms segments of the population who are least able to
afford it, the poor, recent immigrants, minorities and seniors, and the
companies don't stop there. They have even preyed upon our soldiers in
Iraq and Afghanistan. This is unconscionable and obviously un-American.
This legislation would end the deception and the fraud that these
people have suffered at the hands of unscrupulous companies.
Now, the bottom line for this bill is this is a consumer protection
bill. If we are in favor of protecting the consumer, then we should
vote for this bill, because it's very, very simple. People have a right
to know that when they buy a prepaid calling card, what they see is
what they get. If a card says you get 60 minutes of calling time, then
that consumer who buys the card is entitled to 60 minutes of calling
time.
What we find in little small print that nobody can see or understand,
there are so many hidden fees. Some calling cards say that you only can
get the 60 minutes if you call at certain times. But if you don't call
at other times, you don't get the minutes. Then the time you get the
minutes is only from 2 to 4 a.m., which is ridiculous. Some cards
charge you 3 units, 3 minutes of call time if you get a busy signal. Or
3 minutes of call time if you are just connected, as for a connection
charge, even if it was across the street or in the same State.
So consumers don't want to think they are being defrauded. Consumers
are entitled to get what they pay for. Sometimes there are companies
that are very legitimate. Most of the companies are legitimate.
If a company says that you get 60 minutes of calling card, and it's a
legitimate card, and that card may be a little bit more expensive than
the fraudulent card, the unsuspecting consumer will buy the cheaper
card thinking that he or she will get a better deal, when, in reality,
the 60 minutes may only be 30 or 32 or 35 minutes.
The bottom line is this, if you are for the consumer, if you are for
truth in marketing, then you should support this bill. If you are not,
and you want things to go along the way they have been, then don't vote
for the bill.
I am so delighted that we have bipartisan consideration on this and
that, in a bipartisan fashion, we all agree that this is something that
really should pass.
Nobody, nobody should be against this, not the telecom companies, not
consumer groups, not any Members of Congress.
If we want to stand for legitimacy and say that we want to protect
the consumer, and that we want people to understand that when they
purchase something, they know what they are getting, then we ought to
all vote for this bill.
I thank my colleagues. This is a tremendous victory for the consumers
in America.
Mr. TERRY. Madam Speaker, I yield 4 minutes to the gentleman from
Kentucky.
Mr. WHITFIELD of Kentucky. I certainly want to thank Chairman Rush
and the Democratic staff and the Republican staff for working so
diligently to pass not only the Calling Card Consumer Protection Act,
but also the Travel Promotion Act. I certainly want to congratulate Mr.
Engel for bringing this matter before the House. It certainly is an
important issue, and we are all delighted that this bill is moving
forward.
Madam Speaker, I simply wanted to have a colloquy, if I could, with
Chairman Rush about a couple of issues relating to this bill, and
simply wanted to confirm with Mr. Rush the intent of certain provisions
as they relate to small retailers that are selling these prepaid
calling cards.
I guess my question, Chairman Rush, is that if a retailer sells a
card but is unaware that the calling card does not make all of the
disclosures required by the act, will the retail merchant be subject to
monetary penalties under sections 4 or 5 of the bill?
Mr. RUSH. I want to assure the gentleman if the retailer knowingly
sells fraudulent cards, it would be subject to FTC penalty. But if the
seller, the retailer does not know that they are fraudulent cards, then
the penalties would not apply, only injunctive relief.
Mr. WHITFIELD of Kentucky. Thank you very much, Chairman Rush.
To be clear, it is also my understanding that, obviously, to protect
consumers, a retailer could be enjoined by the FTC, or State
authorities, and required to stop selling fraudulent cards, which they
should be required to stop, whether or not they knew the cards were
fraudulent.
Such retailer would not, however, it's my understanding, and I think
you pointed this out, they would not be subject to civil penalties or
damages unless they knew the cards were unlawful; is that correct?
[[Page 21849]]
Mr. RUSH. The gentleman is correct.
Mr. WHITFIELD of Kentucky. I thank the gentleman very much, and I
just wanted to express once again, the pleasure of working with the
chairman on this.
We appreciate your great leadership.
Once again, I want to thank the staffs on both sides of the aisle.
Mr. ENGEL. Would the gentleman yield?
Mr. WHITFIELD of Kentucky. Yes, sir.
Mr. ENGEL. I thank the gentleman from Kentucky for bringing up that
very important point. He should know, as I am sure he does, that there
is no intent to penalize mom-and-pop store owners or anybody who may
sell a card of this degree without any knowledge that there is
something wrong with the card.
The purpose of this legislation is to go after the companies who
fraudulently manufacture and sell these cards, not to go after
individual grocery stores or mom and pop stores that sell these cards.
I definitely agree with the gentleman that if someone does not have a
knowledge that they are selling the card that may be flawed, we should
not in any way, shape or form penalize them. That is certainly not the
intent of the bill.
Mr. WHITFIELD of Kentucky. We certainly appreciate that clarification
and look forward to the passage of this bill.
Mr. DINGELL. Madam Speaker, I rise in strong support of an excellent
and sorely needed piece of legislation, H.R. 3402, the ``Calling Card
Consumer Protection Act''. This bill is intended to combat the fraud
and deception that is rampant in the marketing of prepaid calling
cards. Many of our consumers--especially recent immigrants, the poor,
students, and members of the military and their families--are vitally
dependent on these prepaid cards to keep in touch with family and
friends.
This bill requires providers and distributors of these cards to make
full, clear, and honest disclosures on the cards, their packaging, and
advertising materials. No more hidden charges. No more cards that do
not deliver the minutes they promise. The bill empowers the Federal
Trade Commission to enforce the Act. Violators would be subject to
injunctive and other equitable relief to stop them from cheating
consumers. If a violation is ``knowing'', they would be subject to
civil penalties. In this way, the bill ensures that retailers who sell
these dirty cards are subject only to injunctive relief, unless it can
be shown that retailers knew the cards were fraudulent. Thus, we get
the fraudulent cards off the market without punishing innocent
retailers.
This bill maximizes protections for consumers and maintains a clear
line between the areas of expertise of two agencies--the Federal Trade
Commission (FTC) and the Federal Communications Commission (FCC). The
bill provides the FTC with limited jurisdiction over common carriers,
but is careful to preserve FCC's jurisdiction over common carriers for
all other purposes. The bill also appropriately excludes prepaid
wireless services as the record has not demonstrated a need for
requiring such disclosures.
Once again, to promote uniform disclosures on cards bought across the
United States, it provides a narrow preemption of State prepaid calling
card disclosure requirements only. It preserves a strong enforcement
role for State Attorneys General and public utility commissions.
Finally, the bill mandates that the FTC conduct a rulemaking to
ensure that all stakeholders--the calling card and telecommunications
industry, States, and consumer groups--have a say in the final details
of the uniform disclosure requirements that this legislation promotes.
Madam Speaker, H.R. 3402 is thoughtful and balanced legislation that
is critical to protect some of our most vulnerable consumers. This bill
has strong bipartisan support. I want to commend the author of this
bill, the gentleman from New York, Eliot Engel, for his fine
leadership, and I urge Members to vote yes.
Mrs. BONO MACK. Madam Speaker, I would like to express my opposition
to the Calling Card Consumer Protection Act, H.R. 3402.
Madam Speaker, I rise in opposition to H.R. 3402, the Calling Card
Consumer Protection Act. This bill--while well-intentioned--would only
add to an increase in regulatory confusion because it sets up a system
where lateral government organizations will not only be enforcing laws
but also issuing their own interpretations of those laws. This is
inefficient and it will breed confusion and conflict.
How can we reasonably expect multiple governmental organizations, in
this instance the Federal Communications Commission and the Federal
Trade Commission, to agree on the meaning of a particular statute when
members of those individual commissions can't seem to agree among
themselves? The truth is we can't and that is why the FCC and FTC dual
authority provision should be corrected.
Finally, I recognize that State attorneys general can play a role in
enforcing a Federal statute. However, empowering multiple entities with
this authority will only force American businesses to spend valuable
resources fighting litigation rather than investing in infrastructure,
jobs, and consumer services.
Madam Speaker for these reasons I ask that my colleagues oppose H.R.
3402.
Ms. SCHAKOWSKY. Madam Speaker, I rise today in support of H.R. 3402,
the Calling Card Consumer Protection Act. After years of deceptive and
abusive marketing practice by the calling card industry, I am pleased
to be here today to offer protection to our constituents who rely on
the cards to stay in touch with their loved ones. The victims of
calling card fraud are often the most vulnerable among us--they are
low-income, immigrants, military families--in short, the ones who can
least afford it. I think this is sensible legislation, and I thank my
colleague and friend Congressman Eliot Engel for all of his hard work
to enact this bill.
I am proud to represent a diverse constituency and am proud to
support the Calling Card Consumer Protection Act to crack down on those
abuses. Too many people are lured in by promises of cheap overseas
calls but end up getting less than half of what they paid for. These
cards use hidden fees so creative and outlandish that they would almost
be funny if they weren't so awful, and the practice must stop.
The legislation before us today goes a long way toward solving this
problem. It would require calling cards to clearly present what
services they offer and any additional fees associated with the card.
Most importantly, if someone buys a card that says it's good for 250
minutes, they will receive those 250 minutes. Consumers deserve to get
what they paid for.
While I support H.R. 3402, I do want to express my concern with a
couple of provisions in the bill, especially those that involve State
standards and enforcement. Many States and the Federal Trade
Commission, FTC, already have tools to address the many abuses related
to the sale of prepaid calling cards. As we heard from the FTC
Commissioner in our hearing, those States are at the forefront of
cracking down on deceptive practices. Therefore, we need to be very
careful about preempting States from setting or enforcing standards
related to the cards.
I believe that the disclosure preemption provision in H.R. 3402
should set a floor, not a ceiling, and allow those States that want to
enact stricter disclosure standards to do so. Illinois is on the
forefront of policing calling cards, and our State law mandates strong
disclosures that should not be preempted with weaker ones. I also hope
that the FTC will solicit input from the States as they work to
establish minimum standards.
Finally, I also believe that retailers should be held responsible for
selling cards that do not meet the Federal and State standards.
Illinois State law requires retailers to obtain a proof that the
underlying carrier is certified, with the underlying carrier and all
resellers responsible for ensuring that the required disclosures are
made. This is not a burdensome step for retailers to ensure that the
product they sell is in compliance with the law, and this is a
commonsense provision that should be included in H.R. 3402 as well.
I look forward to working with Rep. Engel, my colleagues on
Committee, and my friends on the Senate Commerce Committee to improve
this bill and to see it enacted into law.
Mr. TERRY. Madam Speaker, I yield back the balance of my time.
Mr. RUSH. Madam Speaker, I have no other speakers, and we yield back
the balance of our time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Rush) that the House suspend the rules and
pass the bill, H.R. 3402, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
[[Page 21850]]
____________________
PERMISSION TO CONSIDER AS ADOPTED MOTIONS TO SUSPEND THE RULES
Mr. ENGEL. Madam Speaker, I ask unanimous consent that the motions to
suspend the rules relating to the following measures be considered as
adopted in the form considered by the House on Tuesday, September 23,
2008:
House Resolution 1461, House Concurrent Resolution 393, House
Resolution 988, and H.R. 3018.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
The SPEAKER pro tempore. Without objection, respective motions to
reconsider are laid on the table.
There was no objection.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will announce that on rollcall
number 641 the following correction will be made:
The gentleman from Arkansas (Mr. Ross) to be recorded as voting
``aye,'' bringing the number of ``aye'' votes to 415.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to clause 12(a) of rule I, the
Chair declares the House in recess subject to the call of the Chair.
Accordingly (at 6 o'clock and 29 minutes p.m.), the House stood in
recess subject to the call of the Chair.
____________________
{time} 1858
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mrs. Boyda of Kansas) at 6 o'clock and 58 minutes
p.m.
____________________
REPORT ON RESOLUTION PROVIDING FOR CONSIDERATION OF H.R. 7060,
RENEWABLE ENERGY AND JOB CREATION TAX ACT OF 2008
Mr. ARCURI, from the Committee on Rules, submitted a privileged
report (Rept. No. 110-887) on the resolution (H. Res. 1502) providing
for consideration of the bill (H.R. 7060) to amend the Internal Revenue
Code of 1986 to provide incentives for energy production and
conservation, to extend certain expiring provisions, to provide
individual income tax relief, and for other purposes, which was
referred to the House Calendar and ordered to be printed.
____________________
REPORT ON RESOLUTION WAIVING REQUIREMENT OF CLAUSE 6(a) OF RULE XIII
WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS
Mr. ARCURI, from the Committee on Rules, submitted a privileged
report (Rept. No. 110-888) on the resolution (H. Res. 1503) waiving a
requirement of clause 6(a) of rule XIII with respect to consideration
of certain resolutions reported from the Committee on Rules, which was
referred to the House Calendar and ordered to be printed.
____________________
PROVIDING FOR CONSIDERATION OF H.R. 7060, RENEWABLE ENERGY AND JOB
CREATION TAX ACT OF 2008
Mr. ARCURI. Madam Speaker, by direction of the Committee on Rules, I
call up House Resolution 1502 and ask for its immediate consideration.
The Clerk read the resolution, as follows:
H. Res. 1502
Resolved, That upon the adoption of this resolution it
shall be in order to consider in the House the bill (H.R.
7060) to amend the Internal Revenue Code of 1986 to provide
incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax
relief, and for other purposes. All points of order against
consideration of the bill are waived except those arising
under clause 10 of rule XXI. The bill shall be considered as
read. All points of order against the bill are waived. The
previous question shall be considered as ordered on the bill
to final passage without intervening motion except: (1) one
hour of debate equally divided and controlled by the chairman
and ranking minority member of the Committee on Ways and
Means; and (2) one motion to recommit.
Sec. 2. During consideration of H.R. 7060 pursuant to this
resolution, notwithstanding the operation of the previous
question, the Chair may postpone further consideration of the
bill to such time as may be designated by the Speaker.
Sec. 3. House Resolutions 1489 and 1501 are laid on the
table.
The SPEAKER pro tempore. The gentleman from New York is recognized
for 1 hour.
Mr. ARCURI. Madam Speaker, for purpose of debate only, I yield the
customary 30 minutes to the gentleman from Texas (Mr. Sessions). All
time yielded during consideration of the rule is for debate only.
General Leave
Mr. ARCURI. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material into the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
Mr. ARCURI. I yield myself such time as I may consume.
Madam Speaker, House Resolution 1502 provides for consideration of
H.R. 7060, the Renewable Energy and Job Creation Tax Act. The rule
provides 1 hour of debate equally divided and controlled by the
chairman and ranking minority member of the Committee on Ways and
Means.
Madam Speaker, I rise today in support of this rule because American
families and small businesses need tax relief now more than ever. This
rule will allow us to bring legislation to the House floor later today
or tomorrow that will not only strengthen our economy by directing tax
relief to middle class families and in creating jobs with small
businesses but also help to bring this country into a new alternative
energy future.
Madam Speaker, I urge my colleagues on both sides of the aisle to
support this rule and the underlying legislation.
I reserve the balance of my time.
Mr. SESSIONS. Madam Speaker, I thank the gentleman, my friend from
New York, for coming back down to redo this rule.
Madam Speaker, we are here because earlier in the day, just a few
hours ago, it was discovered that the 64th closed rule, which set a
brand new record for a United States Congress, contained several
errors. And so we debated this issue already on the floor.
Here we are for the 65th now closed rule, a brand new record for the
United States Congress--one which I'm not proud of--and from a Speaker
who says that this Congress would be the most open, honest, and ethical
Congress ever, a brand new closed rule record has occurred today.
Madam Speaker, we went back up to the Rules Committee just a few
minutes ago. The gentleman from Oregon (Mr. Walden) came back and was
present to hear the Rules Committee slam dunk his request again, which
was an opportunity based upon a colloquy that took place this afternoon
just a few minutes ago between the majority leader, Mr. Hoyer, and
myself, about consideration of Mr. Walden's amendment. The amendment is
of grave nature not only to 41 States but thousands of communities.
And at this time I would like to yield such time as he may consume to
the gentleman from Oregon (Mr. Walden) to explain where we are in this
process and what we're going to do on moving forward.
Mr. WALDEN of Oregon. I want to thank my colleague and friend from
Texas for yielding the time to me at this time.
I'm bitterly disappointed, frankly, that we find ourselves back here
on this floor once again without an opportunity even to offer up an
alternative. And to put it in perspective for my colleagues who may not
frequent the Rules Committee, ``closed rule'' means that the minority
has no opportunity to offer up an alternative. Period. No
[[Page 21851]]
opportunity to come to this floor in this great democratic institution,
the finest in the world, and have a chance to have a vote on an
alternative to this measure. That's what a closed rule is. You shut it
down, you shut out everybody else. You got your way. You run the train,
and you ran right over the top of literally half the people in America,
nearly, who are represented on this side of the aisle.
So what does that mean? It means the amendment that I hoped would be
allowed to at least be debated and considered here will not be.
I appreciate my colleague from Washington's Fourth District, Doc
Hastings, the gentleman from Pasco, Washington, who offered the
amendment. And it was defeated on a strict party-line partisan vote
that precludes our opportunity here on the floor when it went down to
defeat to even have a discussion about what it means to the 20 counties
I represent and the many that he does and the 4,400 school districts
and multi-hundred counties in 42 States that have had their revenue
sharing cut off because this Congress, this Congress has failed to
reauthorize county payments program.
So why are we here?
The Senate had a similar bill to this. It passed 93-2. Huge
bipartisan effort trying to get the problem solved for this country.
That would have extended these extenders that help on renewable energy,
which I'm a big fan of. It also took care of this enormously important
issue to the West because it is principally a western issue because,
frankly, that's where the Federal lands are is in the West.
Now I know that other counties and other school districts around the
country are affected, certainly, and this legislation could have helped
them had it been allowed to be offered, but it's not being offered. But
nobody is affected more than my colleague from the Fourth District in
Oregon and myself, our constituents, some of whom now are out of work.
The largest county in my district had to close all of its public
libraries. Most of the road departments in my district have been cut in
half, perhaps more. Now in some counties there's one road person for
every 100 miles of road. Many of the roads will be turned back to
gravel, back to gravel. That's not progress in America.
And the Rules Committee had the jurisdiction, has the authority to
prevent that from happening by at least allowing us to have a vote. Not
once, not twice, but multiple times they denied that vote.
Now the gentleman from New York raised in the discussion of the Rules
Committee about a bill that was brought to the floor that would have
reauthorized county schools and roads for 4 years. I was cosponsor of
that bill originally under the premise and promise that when it came to
the floor it would have a different pay-for because that's what was
promised in the Resources Committee, and that payment in lieu of taxes
would be included in that bill when it came to the floor--that was the
promise, and it was broken. It came to the floor differently.
The gentleman will say, Well, you're in the pocket of Big Oil because
we wanted to raise the fees on oil companies to pay for it. Well,
please. Under the conservation of resource fee that is allowable under
the contract at issue here, the leases, you can add that fee but you
can't use it to pay for county payments. The courts have looked at this
issue. You can use it to do resource work around the shorelines and
all, but you violate contracts when you do it the way you all brought
it to the floor.
So, we can argue about that. I happen to believe I'm right. I'm
right, I know, in that the promises were broken when it came to the
floor.
In addition to that, I also believe that you all have the power to
decide how bills come to the floor. You made the decision to bring it
under suspension of the rules, had to suspend the rules of the House,
requiring a two-thirds majority for that to be passed in this House.
And it failed.
And the reason you brought it to the floor under suspension was so
that the Republicans could offer no alternative, because that's the
issue, isn't it? When you bring a bill under suspension, you and I both
know, all of us know the minority has no chance to offer an
alternative; it's an up-or-down vote. So we had the up-or-down vote,
and it failed.
So then the bill went away, except we also know that you in the
majority are most powerful and in the Rules Committee have a 2-to-1
plus one vote. You could craft a rule tonight, just as you have done
here, and you could bring that bill back to the floor tomorrow,
couldn't you, because you have got 218 votes for it. You didn't get the
two-thirds. You got 218. So any day since that bill failed on the floor
on suspension, you could have brought it back.
And you could have sent it to the Senate. If you'd had the same pay-
for, it would still violate contracts. The Senate's repeatedly refused
to accept that pay-for, oh, by the way, I was told repeatedly it was
nothing but a placeholder, anyway, and it was never going to be used to
fund the bill. So it was never really going to get the job done.
This bill that the Senate sent to us would get the job done. It's
honest. It's direct. It would pay for 4 years of county payments in
PILT. It would put our people back to work. It would help people deal
with the problems in our Nation's forests that are so, so at risk of
fire and destruction. It would allow the funding to go back to the
communities, to our schools, so that teachers could be hired rather
than fired; so we could maintain the roads that lead to our national
forests; so that we could pay for search and rescue; so we could
actually have collaborative efforts again under title II to go out and
bring people together and do what needs to be done in our forests.
You have that power in the majority. We had it when we were in the
majority, and those who criticized us for not getting this reauthorized
when it just went to expiration, you're right. I was frustrated with
our own majority that we couldn't get it done. I take that criticism. I
leveled that criticism because I am so passionate about the need to
maintain this partnership that's now been broken not for 1 year but for
2.
And this is today. Today is when you make the decision to move
forward or not. This is today. It's actually tonight. And we've had two
shots today where you could have given us this alternative to at least
have a vote on the floor.
So my colleague from Texas, I apologize for my time. I do not
apologize for my passion on the need to get a chance to at least have a
real vote on a real measure that the President would sign and that the
Senate's approved.
So I am bitterly disappointed tonight that for the second time in one
day we have been denied on a party-line vote the opportunity to even
have this amendment be considered on the floor of this great democratic
institution.
Mr. ARCURI. I do appreciate the passion of the gentleman from Oregon.
This is an important issue. It's so important that when this bill
came to the floor back in June when Congressman DeFazio offered it, I
supported it. I guess it's about priorities, Madam Speaker. And the
priorities are what do you do to pay for it.
Now, first off, this bill is about energy, it's about tax extenders.
First off, the proposal, the amendment that the gentleman is talking
about, is not germane to this bill, first and foremost.
Secondarily, there is no pay-for-it in it.
Now 2, 3 months ago when there was a pay-for in it, we couldn't get
it passed because not enough people on the other side of the aisle
would support it. And the fact of the matter is, you know, we did pay
for it with royalty payments from oil companies.
And for me it's very easy. Let's look at what our priority is. Let's
see: the priorities of large oil companies or the priorities of rural
school districts.
Mr. WALDEN of Oregon. Would the gentleman yield?
Mr. ARCURI. No. You had your time, and I was courteous to you, and I
would appreciate if you would allow me to finish my thoughts.
It's pretty easy for me when you look at oil companies and you look
at
[[Page 21852]]
school districts, that's a no-brainer. Yet people on that side of the
aisle voted against it because it had a pay-for in it.
Well, Madam Speaker, I just think, one, this is not germane; two,
it's not paid for. Clearly I will support it with the pay-for that was
in it last month, but I think clearly without any question it's unfair
for the gentleman to characterize it the way he has.
I reserve the balance of my time.
Mr. SESSIONS. Madam Speaker, I thought we were going to get done real
quickly here. We're not.
The gentleman is right. It's a simple matter. Republicans are upset,
also, about the high price of oil. We do not want to pass on higher
taxes. The Democrat majority seeks something every single day to have
Big Oil pay more and more and more money in taxes. Well, all that does
is raise the price of oil. And you're right. You're darn right. The
Republican Party is not for that.
I would also remind the gentleman that it takes a two-thirds vote,
not a simple majority. And so it failed on a higher standard.
I would yield at this time 3 minutes to the gentleman from Oregon.
Mr. WALDEN of Oregon. I thank the gentleman. I wonder if the
gentleman from New York would yield to a question or be willing to
accept a question.
And the question is why, given the status of the majority, did you
not bring that bill back under a rule or allow it to come to the floor
under a rule to begin with? You're on the Rules Committee.
{time} 1915
Mr. ARCURI. Is the gentleman asking me a question?
Mr. WALDEN of Oregon. Yes.
Mr. ARCURI. I guess I would return and ask you the question. Why
wasn't it passed when we brought it? Why didn't you get more people on
your side of the aisle to support it? I mean, it's a legitimate
question. I voted for it. I think it was a good idea.
Mr. WALDEN of Oregon. Reclaiming my time, but answer me this
question. Why did the majority decide it had to come under suspension
of the rules, denying the minority to have an alternative?
Mr. ARCURI. Nor did you answer my question. I think it's a legitimate
question I asked. Why wasn't it supported?
Mr. WALDEN of Oregon. I'll answer your question very clearly, because
of two reasons. One, the majority did not include payment in lieu of
taxes in the bill, which they promised when it left the Resources
Committee they would do. Two, they also promised that pay-for was
nothing but a placeholder that would be removed before it came to the
floor. So that wasn't done correctly. And three, you violate contracts,
which I didn't come to Congress to violate contracts. I never did it in
21 years in private business. I wasn't going to do it here.
And it's not a royalty fee, by the way, that you had. It was a fee on
conservation and resource, which the courts have looked at and said you
can assess but you have to spend it for that purpose and that purpose
only, and county payments doesn't fit that category. And you have used
it multiple times and the Senate has rejected it. So it wasn't going to
work.
So now I've answered your question. You answer mine. Why don't you
bring it tomorrow to the floor under a rule?
Mr. ARCURI. Because there's not a pay-for for it.
Mr. WALDEN of Oregon. You told me there was a pay-for.
Mr. ARCURI. No, there's not a pay-for in this--do you want to ask me
the question?
Mr. WALDEN of Oregon. I do.
Mr. ARCURI. There's not a pay-for in the amendment you are offering.
Mr. WALDEN of Oregon. I'm talking about the bill that came up in June
that was defeated on a suspension vote. You could have turned around
the next day if you felt so passionately--you're on the Rules
Committee--and brought it to the floor under a rule, couldn't you?
Mr. ARCURI. No, we could not have done that in the Rules Committee.
Mr. WALDEN of Oregon. Why?
Mr. ARCURI. We could not have just brought it up in the Rules
Committee.
Mr. WALDEN of Oregon. Why? Of course you could. You do it all the
time. A bill goes down on suspension--we did it, you do it--you bring
it back under a rule the next day or a week later. You had 218 votes on
the floor.
Mr. ARCURI. I think the question is what is your priority--
Mr. WALDEN of Oregon. Reclaiming my time, you refuse to answer why
your majority doesn't bring it back up under a rule. It only takes 218
to pass it under a rule, a majority of those present. You had 218 that
day.
You see the point is, you wouldn't bring it up under a rule because
you wanted no debate on a real alternative or any other amendment that
would be allowed under a rule. You could have passed it the next day
and sent it on to the Senate. You chose not to. I don't control the
Rules Committee. You all dominate it two-to-one plus one.
So if you care about school kids, you bring it up in a way that
doesn't violate contracts, that actually could pay for it, or you allow
us to bring it up under this bill or you put it in the continuing
resolution or when the Senate sent it over as a 1-year extension--
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. SESSIONS. I yield the gentleman an additional 2 minutes.
Mr. WALDEN of Oregon. Or when the Senate sent over a 1-year funding
package in the emergency supplemental, why did the House leadership
strike it there?
There have been multiple opportunities this year to deal with this
issue in multiple ways, and we are told that Sunday night we're going
to be done and out of here for the session.
And every time somebody says to me, well, gee, I'm all for it but
we've got to do it later on or this bill or that bill or not this bill
or that bill. We're out of time. The layoffs have already occurred. The
jobs are gone. The communities are suffering. The law enforcement
officials have been let go.
I don't know where to go from here. I'm bitterly disappointed that we
have these silly arguments when we ought to be passing legislation that
actually helps real people in real places.
Mr. ARCURI. I continue to reserve my time.
Mr. SESSIONS. Madam Speaker, at this time, I'd like to yield 3
minutes to the gentleman from Idaho (Mr. Sali).
Mr. SALI. Madam Speaker, continuing on the line of the previous
speaker on this side, the bill that was before us last month, that did
provide for secure rural schools funding, I did vote for it in
committee because we were promised that it would have a different pay-
for by the time it got to the floor and that PILT funding would be in
at 100 percent. And I did vote against it when it got to the floor here
because it didn't have a pay-for. What it had was a bunch of baloney in
it.
Now, the money that's supposed to come from Big Oil, as has been
referred to by the other side, there's a Supreme Court case that is a
9-0 ruling that says that that money will never, ever, ever be used in
Idaho.
Madam Speaker, my district is over 62 percent federally administered
land. I have counties that are over 80 percent federally administered
land. Imagine what that does to the tax base for your schools. And that
is the real problem that we're trying to address here.
Well, the gentleman controlling time on the other side said, well,
you know, we just can't include it this time and we included it last
time, a month ago in the last bill and you wouldn't support it. Madam
Speaker, these are real life people we're talking about. These are
school kids whose teachers get laid off because the local school
district can't afford to pay them.
These are local road districts who are trying to figure out how to
make roads so that when you come to Idaho to enjoy those public lands
we can actually get to them. These are real people trying to deal with
real problems.
Madam Speaker, if this country wants to have federally administered
land in the State of Idaho, I can tell you, I understand why. It is a
beautiful, beautiful State. The recreation opportunities are great.
There are places in Idaho that offer world-class
[[Page 21853]]
recreation. But when are we going to take care of the people of Idaho?
You want to blame it on a baloney pay-for that will never get money
to Idaho? If we'd have voted for this and passed it last month and it
had become law, you know what we would have given the people of the
State of Idaho? An empty bag. They would never have gotten a penny of
that money.
So how will they pay for those teachers? How will they pay for those
roads that you might want to drive on to come see the beauty of the
State of Idaho?
Madam Speaker, the idea that this comes down under a closed rule,
that we can't even talk about it in this bill, we can't even offer
another pay-for that would get real money on the ground in Idaho I
think is a shame to this body.
Mr. ARCURI. Madam Speaker, I have no doubt that the gentleman is very
concerned with the real people on the ground. There's absolutely no
doubt. It is the gravest concern to all of us.
The fact of the matter is, when you weigh the needs of the
individuals against the needs of oil companies, how can you call that a
bunch of baloney? If the royalties, the taxes that we're placing on oil
companies are going to be there to help people in rural schools, that's
nothing? That's not baloney. That's the real thing. That's what we're
doing to help children, and yet they forget about that.
Yet he doesn't even mention it. He talks as if that doesn't exist,
that it's just a bunch of baloney. It's not baloney. It's the real
thing. That's what we came to Congress to do. And yet they want us to
put the needs of oil companies ahead of the needs of individuals. It's
just not the right thing to do.
This bill's not about that. This bill is about renewable tax credits
so that we can become energy independent, so that we could stop being
reliant on the big oil companies and on foreign oil so that we can
develop renewable energy. That's what this bill is about. That's what
this rule is about.
I reserve the balance of my time.
Mr. SESSIONS. Madam Speaker, I yield 2 minutes to the gentleman from
Idaho.
Mr. SALI. Madam Speaker, I'm going to urge everyone to just listen
closely to what I have to say here.
There are two reasons why the pay-for doesn't work that was in the
bill last month. And these are a matter of court cases, and I want to
remind everybody again, the one that went to the Supreme Court was a 9-
0 ruling. There are very few of those that come along.
The first reason is because the courts have said you cannot go back
and change a contract that has been made. You just can't do it, except
in some very, very narrow areas that were recognized by the court.
The other reason is because, in those narrow areas, you can't use
that money in the State of Idaho. I don't care if you tax the oil
companies to kingdom come. There is not a penny that was in that pay-
for in that bill last month that would ever end up in Idaho. And that's
the reason why I voted against that bill, because it would have left
the State of Idaho--had we passed it, had it become law, it would have
left the State of Idaho holding an empty bag.
And let me tell you something, Madam Speaker, an empty bag will not
pay a teacher's salary. It will not pave a road in the State of Idaho
so that you can come visit Idaho and come visit the natural beauty
there, which is amazing.
Madam Speaker, this not about whether we're going to prefer Big Oil.
It's not about priority. It's a matter of responsibility of the
Congress of the United States. If you're going to come to my State, if
you're going to come to my district and you're going to impose Federal
administration on the lands that are in my district, then step up to
the plate and have the responsibility so that you don't leave us
holding an empty bag, so that you don't leave us without a tax base so
that we can pay our teachers and pave our roads.
It is the responsibility of this Congress, and the idea that we would
come here with this bill under a closed rule and shut us out is a shame
on this body.
Mr. ARCURI. Well, if what the gentleman says is true--and I have no
reason to doubt that--that means that he voted against it despite the
fact it would have helped all the other rural school districts in the
country because it didn't do anything for his State.
And I certainly can sympathize with the fact that he would be upset
that it didn't do anything for his State, but the bill would have done
a great deal for the rural school districts throughout the rest of the
country at the expense of large oil companies.
So again from my way of thinking, when you weigh the overall good of
rural school districts versus oil companies, the rural school districts
win every time.
I reserve the balance of my time.
Mr. SESSIONS. Madam Speaker, I'd like to inquire, if I could, from
the gentleman from New York if he has any additional speakers?
Mr. ARCURI. No, I do not.
Mr. SESSIONS. I thank the gentleman.
Madam Speaker, I think unfortunately this whole argument today has
boiled down to a desire from the Democrat majority to simply tax Big
Oil, and it's used over and over and over and over and over and over
and over again as the reason we ought to have pay-fors to get taxes
paid for, to get schools paid for, stick it to Big Oil. There's almost
no germaneness. There's no reason to do that.
The opportunity that we have in this country, the Republican Party
stands here day after day saying we need oil companies to be able to
deliver American resources in this country. And every time you just go
and raise their taxes, all you do is do what we're very effectively
doing, and that is, we have to buy our resources from somewhere
offshore. That's why we've almost doubled the amount of payment now
overseas. I mean, it's gone to $800 billion our foreign payments, and
it's double. That's how they keep building Dubai, that's how they build
big cities, big countries, because the Democratic Party wants that.
They want America to come to its knees, to have to pay higher and
higher taxes.
They don't like oil. They want oil to have to dwindle to nothing, and
I think it's a sad day. I think it's a sad day that we have to do it in
this bill.
We already know where they are. We know where the Democrat Party is.
They do not like oil companies. They do not want to drill. They do not
want the price of energy to come down.
If this election is held, the American people will have a chance to
decide what the answer is. We already know what that answer is, but
once again, on a simple bill, stick it to Big Oil. Well, that's how you
stick it to consumers, and I think it's pretty sad.
Madam Speaker, we've been through this all day. The bottom line is
that the gentleman from Oregon is going to get a vote on the amendment
that we talked about. The Rules Committee did not make it in order, not
once but twice did not make it in order.
{time} 1930
I ask unanimous consent to have the text of the amendment and
extraneous material inserted into the Record prior to the vote on the
previous question, of which I'm going to ask that the opportunity for
the amendment offered by myself for Mr. Walden be a part of what the
previous question, when it's defeated, we will do.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SESSIONS. Madam Speaker, I yield back the balance of my time.
Mr. ARCURI. I thank my friend from Texas for his comments.
You know, I used to be an attorney. And when I used to practice, I
tried a lot of cases. And when we would start our cases and we would
make our opening arguments and we would proceed through the closing
arguments, I always knew how good the case was on the part of the other
side, especially during openings, because when the other side talked
about the facts in the case, you knew they had a very good case. But
when they talked about everything else except the facts, you knew they
didn't have a very good
[[Page 21854]]
case. Such is what we are seeing here tonight. They're talking about
everything but what this rule is about. This rule is about creating a
rule so that we can have tax extenders, so that we can promote
alternative energy in this country, something that everyone says that
we need to do, and we are doing it in a responsible way with a pay-for.
Now, it's great they talk about things that they would like to do,
other proposals, other amendments, but no one says where the pay-for is
going to come from. So where is that pay-for going to come from? Are we
going to just borrow and spend our way to it? I mean, we're borrowing
$700 billion now, what's a little bit more? We had a pay-for in it when
the bill was offered 2 weeks ago, yet it wasn't voted for. But what are
they talking about? Everything but what we're here for today.
Now they want to bring up oil again, as if the Democrats don't care
about oil prices, as if the Democrats hadn't just passed a bill that
did a number of things to bring energy prices down in the short term,
in the middle term, in the long term; but that's not enough. They don't
want to talk about what we're here for today because then the American
people might look at it and say the Democrats have the right idea; they
want to create tax incentives so we can have real alternative energy in
this country and not be dependent on foreign oil, not be dependent on
our big oil companies.
No, Madam Speaker, we do not have anything against the big oil
companies, we just think our priorities should be here on this
particular bill with a pay-for and with creating tax incentives so that
we can produce renewable, green-collar jobs right here in this country,
jobs that cannot be outsourced or shipped overseas. That's what this
rule is about.
Supporting this rule and the tax relief legislation we will consider
is simply common sense. We can provide tax relief and incentives for
middle class families, spur innovation, create tens of thousands of new
jobs, reduce our dependence on oil from hostile nations, and reduce
greenhouse gases at the same time. And we can do it all in a fiscally
responsible manner, pay for it today, not spread it out on our children
and grandchildren.
I urge my colleagues to vote ``yes'' on the previous question and the
rule.
The material previously referred to by Mr. Sessions is as follows:
Amendment to H. Res. 1502 Offered by Rep. Sessions of Texas
Strike all after the resolved clause and insert the
following:
That upon the adoption of this resolution it shall be in
order to consider in the House the bill (H.R. 7060) to amend
the Internal Revenue Code of 1986 to provide incentives for
energy production and conservation, to extend certain
expiring provisions, to provide individual income tax relief,
and for other purposes. All points of order against
consideration of the bill are waived except those arising
under clause 10 of rule XXI. The bill shall be considered as
read. All points of order against the bill are waived. The
previous question shall be considered as ordered on the bill,
and any amendment thereto, to final passage without
intervening motion except: (1) one hour of debate equally
divided and controlled by the chairman and ranking minority
member of the Committee on Ways and Means; (2) the amendment
relating to the reauthorization of the Secure Rural Schools
and Community Self-Determination Act printed in section 4 of
this resolution, if offered by Representative Walden of
Oregon or his designee, which shall be in order without
intervention of any point of order, shall be considered as
read, and shall be separately debatable for one hour equally
divided and controlled by the proponent and an opponent; and
(3) one motion to recommit with or without instructions.
Sec. 2. During consideration of H.R. 7060 pursuant to this
resolution, notwithstanding the operation of the previous
question, the Chair may postpone further consideration of the
bill to such time as may be designated by the Speaker.
Sec. 3. House Resolutions 1489 and 1501 are laid on the
table.
Sec. 4. The amendment referred to in section 1 is as
follows:
At the end of the bill add the following new section:
SEC. 409. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
DETERMINATION PROGRAM.
(a) Reauthorization of the Secure Rural Schools and
Community Self-Determination Act of 2000.--The Secure Rural
Schools and Community Self-Determination Act of 2000 (16
U.S.C. 500 note; Public Law 106-393) is amended by striking
sections 1 through 403 and inserting the following:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Secure Rural Schools and
Community Self-Determination Act of 2000'.
``SEC. 2. PURPOSES.
``The purposes of this Act are--
``(1) to stabilize and transition payments to counties to
provide funding for schools and roads that supplements other
available funds;
``(2) to make additional investments in, and create
additional employment opportunities through, projects that--
``(A)(i) improve the maintenance of existing
infrastructure;
``(ii) implement stewardship objectives that enhance forest
ecosystems; and
``(iii) restore and improve land health and water quality;
``(B) enjoy broad-based support; and
``(C) have objectives that may include--
``(i) road, trail, and infrastructure maintenance or
obliteration;
``(ii) soil productivity improvement;
``(iii) improvements in forest ecosystem health;
``(iv) watershed restoration and maintenance;
``(v) the restoration, maintenance, and improvement of
wildlife and fish habitat;
``(vi) the control of noxious and exotic weeds; and
``(vii) the reestablishment of native species; and
``(3) to improve cooperative relationships among--
``(A) the people that use and care for Federal land; and
``(B) the agencies that manage the Federal land.
``SEC. 3. DEFINITIONS.
``In this Act:
``(1) Adjusted share.--The term `adjusted share' means the
number equal to the quotient obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (8)(A) for all eligible
counties.
``(2) Base share.--The term `base share' means the number
equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(A) in each eligible county; by
``(ii) the total number of acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 25-
percent payments and safety net payments made to each
eligible State for each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (9)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(3) County payment.--The term `county payment' means the
payment for an eligible county calculated under section
101(b).
``(4) Eligible county.--The term `eligible county' means
any county that--
``(A) contains Federal land (as defined in paragraph (7));
and
``(B) elects to receive a share of the State payment or the
county payment under section 102(b).
``(5) Eligibility period.--The term `eligibility period'
means fiscal year 1986 through fiscal year 1999.
``(6) Eligible state.--The term `eligible State' means a
State or territory of the United States that received a 25-
percent payment for 1 or more fiscal years of the eligibility
period.
``(7) Federal land.--The term `Federal land' means--
``(A) land within the National Forest System, as defined in
section 11(a) of the Forest and Rangeland Renewable Resources
Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the
National Grasslands and land utilization projects designated
as National Grasslands administered pursuant to the Act of
July 22, 1937 (7 U.S.C. 1010-1012); and
``(B) such portions of the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant land as are
or may hereafter come under the jurisdiction of the
Department of the Interior, which have heretofore or may
hereafter be classified as timberlands, and power-site land
valuable for timber, that shall be managed, except as
provided in the former section 3 of the Act of August 28,
1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest
production.
``(8) 50-Percent adjusted share.--The term `50-percent
adjusted share' means the number equal to the quotient
obtained by dividing--
``(A) the number equal to the quotient obtained by
dividing--
``(i) the 50-percent base share for the eligible county; by
``(ii) the income adjustment for the eligible county; by
``(B) the number equal to the sum of the quotients obtained
under subparagraph (A) and paragraph (1)(A) for all eligible
counties.
[[Page 21855]]
``(9) 50-Percent base share.--The term `50-percent base
share' means the number equal to the average of--
``(A) the quotient obtained by dividing--
``(i) the number of acres of Federal land described in
paragraph (7)(B) in each eligible county; by
``(ii) the total number acres of Federal land in all
eligible counties in all eligible States; and
``(B) the quotient obtained by dividing--
``(i) the amount equal to the average of the 3 highest 50-
percent payments made to each eligible county during the
eligibility period; by
``(ii) the amount equal to the sum of the amounts
calculated under clause (i) and paragraph (2)(B)(i) for all
eligible counties in all eligible States during the
eligibility period.
``(10) 50-Percent payment.--The term `50-percent payment'
means the payment that is the sum of the 50-percent share
otherwise paid to a county pursuant to title II of the Act of
August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f),
and the payment made to a county pursuant to the Act of May
24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et
seq.).
``(11) Full funding amount.--The term `full funding amount'
means--
``(A) $500,000,000 for fiscal year 2008; and
``(B) for fiscal year 2009 and each fiscal year thereafter,
the amount that is equal to 90 percent of the full funding
amount for the preceding fiscal year.
``(12) Income adjustment.--The term `income adjustment'
means the square of the quotient obtained by dividing--
``(A) the per capita personal income for each eligible
county; by
``(B) the median per capita personal income of all eligible
counties.
``(13) Per capita personal income.--The term `per capita
personal income' means the most recent per capita personal
income data, as determined by the Bureau of Economic
Analysis.
``(14) Safety net payments.--The term `safety net payments'
means the special payment amounts paid to States and counties
required by section 13982 or 13983 of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500
note; 43 U.S.C. 1181f note).
``(15) Secretary concerned.--The term `Secretary concerned'
means--
``(A) the Secretary of Agriculture or the designee of the
Secretary of Agriculture with respect to the Federal land
described in paragraph (7)(A); and
``(B) the Secretary of the Interior or the designee of the
Secretary of the Interior with respect to the Federal land
described in paragraph (7)(B).
``(16) State payment.--The term `State payment' means the
payment for an eligible State calculated under section
101(a).
``(17) 25-Percent payment.--The term `25-percent payment'
means the payment to States required by the sixth paragraph
under the heading of `FOREST SERVICE' in the Act of May 23,
1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act
of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).
``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL
LAND
``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL
LAND.
``(a) State Payment.--For each of fiscal years 2008 through
2011, the Secretary of Agriculture shall calculate for each
eligible State an amount equal to the sum of the products
obtained by multiplying--
``(1) the adjusted share for each eligible county within
the eligible State; by
``(2) the full funding amount for the fiscal year.
``(b) County Payment--For each of fiscal years 2008 through
2011, the Secretary of the Interior shall calculate for each
eligible county that received a 50-percent payment during the
eligibility period an amount equal to the product obtained by
multiplying--
``(1) the 50-percent adjusted share for the eligible
county; by
``(2) the full funding amount for the fiscal year.
``SEC. 102. PAYMENTS TO STATES AND COUNTIES.
``(a) Payment Amounts.--Except as provided in section 103,
the Secretary of the Treasury shall pay to--
``(1) a State or territory of the United States an amount
equal to the sum of the amounts elected under subsection (b)
by each county within the State or territory for--
``(A) if the county is eligible for the 25-percent payment,
the share of the 25-percent payment; or
``(B) the share of the State payment of the eligible
county; and
``(2) a county an amount equal to the amount elected under
subsection (b) by each county for--
``(A) if the county is eligible for the 50-percent payment,
the 50-percent payment; or
``(B) the county payment for the eligible county.
``(b) Election To Receive Payment Amount.--
``(1) Election; submission of results.--
``(A) In general.--The election to receive a share of the
State payment, the county payment, a share of the State
payment and the county payment, a share of the 25-percent
payment, the 50-percent payment, or a share of the 25-percent
payment and the 50-percent payment, as applicable, shall be
made at the discretion of each affected county by August 1,
2008 (or as soon thereafter as the Secretary concerned
determines is practicable), and August 1 of each second
fiscal year thereafter, in accordance with paragraph (2), and
transmitted to the Secretary concerned by the Governor of
each eligible State.
``(B) Failure to transmit.--If an election for an affected
county is not transmitted to the Secretary concerned by the
date specified under subparagraph (A), the affected county
shall be considered to have elected to receive a share of the
State payment, the county payment, or a share of the State
payment and the county payment, as applicable.
``(2) Duration of election.--
``(A) In general.--A county election to receive a share of
the 25-percent payment or 50-percent payment, as applicable,
shall be effective for 2 fiscal years.
``(B) Full funding amount.--If a county elects to receive a
share of the State payment or the county payment, the
election shall be effective for all subsequent fiscal years
through fiscal year 2011.
``(3) Source of payment amounts.--The payment to an
eligible State or eligible county under this section for a
fiscal year shall be derived from--
``(A) any amounts that are appropriated to carry out this
Act;
``(B) any revenues, fees, penalties, or miscellaneous
receipts, exclusive of deposits to any relevant trust fund,
special account, or permanent operating funds, received by
the Federal Government from activities by the Bureau of Land
Management or the Forest Service on the applicable Federal
land; and
``(C) to the extent of any shortfall, out of any amounts in
the Treasury of the United States not otherwise appropriated.
``(c) Distribution and Expenditure of Payments.--
``(1) Distribution method.--A State that receives a payment
under subsection (a) for Federal land described in section
3(7)(A) shall distribute the appropriate payment amount among
the appropriate counties in the State in accordance with--
``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963;
16 U.S.C. 500).
``(2) Expenditure purposes.--Subject to subsection (d),
payments received by a State under subsection (a) and
distributed to counties in accordance with paragraph (1)
shall be expended as required by the laws referred to in
paragraph (1).
``(d) Expenditure Rules for Eligible Counties.--
``(1) Allocations.--
``(A) Use of portion in same manner as 25-percent payment
or 50-percent payment, as applicable.--Except as provided in
paragraph (3)(B), if an eligible county elects to receive its
share of the State payment or the county payment, not less
than 80 percent, but not more than 85 percent, of the funds
shall be expended in the same manner in which the 25-percent
payments or 50-percent payment, as applicable, are required
to be expended.
``(B) Election as to use of balance.--Except as provided in
subparagraph (C), an eligible county shall elect to do 1 or
more of the following with the balance of any funds not
expended pursuant to subparagraph (A):
``(i) Reserve any portion of the balance for projects in
accordance with title II.
``(ii) Reserve not more than 7 percent of the total share
for the eligible county of the State payment or the county
payment for projects in accordance with title III.
``(iii) Return the portion of the balance not reserved
under clauses (i) and (ii) to the Treasury of the United
States.
``(C) Counties with modest distributions.--In the case of
each eligible county to which more than $100,000, but less
than $350,000, is distributed for any fiscal year pursuant to
either or both of paragraphs (1)(B) and (2)(B) of subsection
(a), the eligible county, with respect to the balance of any
funds not expended pursuant to subparagraph (A) for that
fiscal year, shall--
``(i) reserve any portion of the balance for--
``(I) carrying out projects under title II;
``(II) carrying out projects under title III; or
``(III) a combination of the purposes described in
subclauses (I) and (II); or
``(ii) return the portion of the balance not reserved under
clause (i) to the Treasury of the United States.
``(2) Distribution of funds.--
``(A) In General.--Funds reserved by an eligible county
under subparagraph (B)(i) or (C)(i) of paragraph (1) for
carrying out projects under title II shall be deposited in a
special account in the Treasury of the United States.
``(B) Availability.--Amounts deposited under subparagraph
(A) shall--
``(i) be available for expenditure by the Secretary
concerned, without further appropriation; and
``(ii) remain available until expended in accordance with
title II.
``(3) Election.--
``(A) Notification.--
[[Page 21856]]
``(i) In general.--An eligible county shall notify the
Secretary concerned of an election by the eligible county
under this subsection not later than September 30, 2008 (or
as soon thereafter as the Secretary concerned determines is
practicable), and each September 30 thereafter for each
succeeding fiscal year.
``(ii) Failure to elect.--Except as provided in
subparagraph (B), if the eligible county fails to make an
election by the date specified in clause (i), the eligible
county shall--
``(I) be considered to have elected to expend 85 percent of
the funds in accordance with paragraph (1)(A); and
``(II) return the balance to the Treasury of the United
States.
``(B) Counties with minor distributions.--In the case of
each eligible county to which less than $100,000 is
distributed for any fiscal year pursuant to either or both of
paragraphs (1)(B) and (2)(B) of subsection (a), the eligible
county may elect to expend all the funds in the same manner
in which the 25-percent payments or 50-percent payments, as
applicable, are required to be expended.
``(e) Time for Payment.--The payments required under this
section for a fiscal year shall be made as soon as
practicable after the end of that fiscal year.
``SEC. 103. TRANSITION PAYMENTS TO STATES.
``(a) Definitions.--In this section:
``(1) Adjusted amount.--The term `adjusted amount' means,
with respect to a covered State--
``(A) for fiscal year 2008, 90 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2008; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2008;
``(B) for fiscal year 2009, 81 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2009; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2009; and
``(C) for fiscal year 2010, 73 percent of--
``(i) the sum of the amounts paid for fiscal year 2006
under section 102(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the covered State that have
elected under section 102(b) to receive a share of the State
payment for fiscal year 2010; and
``(ii) the sum of the amounts paid for fiscal year 2006
under section 103(a)(2) (as in effect on September 29, 2006)
for the eligible counties in the State of Oregon that have
elected under section 102(b) to receive the county payment
for fiscal year 2010.
``(2) Covered state.--The term `covered State' means each
of the States of California, Louisiana, Oregon, Pennsylvania,
South Carolina, South Dakota, Texas, and Washington.
``(b) Transition Payments.--For each of fiscal years 2008
through 2010, in lieu of the payment amounts that otherwise
would have been made under paragraphs (1)(B) and (2)(B) of
section 102(a), the Secretary of the Treasury shall pay the
adjusted amount to each covered State and the eligible
counties within the covered State, as applicable.
``(c) Distribution of Adjusted Amount.--Except as provided
in subsection (d), it is the intent of Congress that the
method of distributing the payments under subsection (b)
among the counties in the covered States for each of fiscal
years 2008 through 2010 be in the same proportion that the
payments were distributed to the eligible counties in fiscal
year 2006.
``(d) Distribution of Payments in California.--The
following payments shall be distributed among the eligible
counties in the State of California in the same proportion
that payments under section 102(a)(2) (as in effect on
September 29, 2006) were distributed to the eligible counties
for fiscal year 2006:
``(1) Payments to the State of California under subsection
(b).
``(2) The shares of the eligible counties of the State
payment for California under section 102 for fiscal year
2011.
``(e) Treatment of Payments.--For purposes of this Act, any
payment made under subsection (b) shall be considered to be a
payment made under section 102(a).
``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND
``SEC. 201. DEFINITIONS.
``In this title:
``(1) Participating county.--The term `participating
county' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``(2) Project funds.--The term `project funds' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
``(3) Resource advisory committee.--The term `resource
advisory committee' means--
``(A) an advisory committee established by the Secretary
concerned under section 205; or
``(B) an advisory committee determined by the Secretary
concerned to meet the requirements of section 205.
``(4) Resource management plan.--The term `resource
management plan' means--
``(A) a land use plan prepared by the Bureau of Land
Management for units of the Federal land described in section
3(7)(B) pursuant to section 202 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712); or
``(B) a land and resource management plan prepared by the
Forest Service for units of the National Forest System
pursuant to section 6 of the Forest and Rangeland Renewable
Resources Planning Act of 1974 (16 U.S.C. 1604).
``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.
``(a) Limitation.--Project funds shall be expended solely
on projects that meet the requirements of this title.
``(b) Authorized Uses.--Project funds may be used by the
Secretary concerned for the purpose of entering into and
implementing cooperative agreements with willing Federal
agencies, State and local governments, private and nonprofit
entities, and landowners for protection, restoration, and
enhancement of fish and wildlife habitat, and other resource
objectives consistent with the purposes of this Act on
Federal land and on non-Federal land where projects would
benefit the resources on Federal land.
``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.
``(a) Submission of Project Proposals to Secretary
Concerned.--
``(1) Projects funded using project funds.--Not later than
September 30 for fiscal year 2008 (or as soon thereafter as
the Secretary concerned determines is practicable), and each
September 30 thereafter for each succeeding fiscal year
through fiscal year 2011, each resource advisory committee
shall submit to the Secretary concerned a description of any
projects that the resource advisory committee proposes the
Secretary undertake using any project funds reserved by
eligible counties in the area in which the resource advisory
committee has geographic jurisdiction.
``(2) Projects funded using other funds.--A resource
advisory committee may submit to the Secretary concerned a
description of any projects that the committee proposes the
Secretary undertake using funds from State or local
governments, or from the private sector, other than project
funds and funds appropriated and otherwise available to do
similar work.
``(3) Joint projects.--Participating counties or other
persons may propose to pool project funds or other funds,
described in paragraph (2), and jointly propose a project or
group of projects to a resource advisory committee
established under section 205.
``(b) Required Description of Projects.--In submitting
proposed projects to the Secretary concerned under subsection
(a), a resource advisory committee shall include in the
description of each proposed project the following
information:
``(1) The purpose of the project and a description of how
the project will meet the purposes of this title.
``(2) The anticipated duration of the project.
``(3) The anticipated cost of the project.
``(4) The proposed source of funding for the project,
whether project funds or other funds.
``(5)(A) Expected outcomes, including how the project will
meet or exceed desired ecological conditions, maintenance
objectives, or stewardship objectives.
``(B) An estimate of the amount of any timber, forage, and
other commodities and other economic activity, including jobs
generated, if any, anticipated as part of the project.
``(6) A detailed monitoring plan, including funding needs
and sources, that--
``(A) tracks and identifies the positive or negative
impacts of the project, implementation, and provides for
validation monitoring; and
``(B) includes an assessment of the following:
``(i) Whether or not the project met or exceeded desired
ecological conditions; created local employment or training
opportunities, including summer youth jobs programs such as
the Youth Conservation Corps where appropriate.
``(ii) Whether the project improved the use of, or added
value to, any products removed from land consistent with the
purposes of this title.
``(7) An assessment that the project is to be in the public
interest.
``(c) Authorized Projects.--Projects proposed under
subsection (a) shall be consistent with section 2.
``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY
CONCERNED.
``(a) Conditions for Approval of Proposed Project.--The
Secretary concerned may make a decision to approve a project
submitted by a resource advisory committee under section 203
only if the proposed project satisfies each of the following
conditions:
[[Page 21857]]
``(1) The project complies with all applicable Federal laws
(including regulations).
``(2) The project is consistent with the applicable
resource management plan and with any watershed or subsequent
plan developed pursuant to the resource management plan and
approved by the Secretary concerned.
``(3) The project has been approved by the resource
advisory committee in accordance with section 205, including
the procedures issued under subsection (e) of that section.
``(4) A project description has been submitted by the
resource advisory committee to the Secretary concerned in
accordance with section 203.
``(5) The project will improve the maintenance of existing
infrastructure, implement stewardship objectives that enhance
forest ecosystems, and restore and improve land health and
water quality.
``(b) Environmental Reviews.--
``(1) Request for payment by county.--The Secretary
concerned may request the resource advisory committee
submitting a proposed project to agree to the use of project
funds to pay for any environmental review, consultation, or
compliance with applicable environmental laws required in
connection with the project.
``(2) Conduct of environmental review.--If a payment is
requested under paragraph (1) and the resource advisory
committee agrees to the expenditure of funds for this
purpose, the Secretary concerned shall conduct environmental
review, consultation, or other compliance responsibilities in
accordance with Federal laws (including regulations).
``(3) Effect of refusal to pay.--
``(A) In general.--If a resource advisory committee does
not agree to the expenditure of funds under paragraph (1),
the project shall be deemed withdrawn from further
consideration by the Secretary concerned pursuant to this
title.
``(B) Effect of withdrawal.--A withdrawal under
subparagraph (A) shall be deemed to be a rejection of the
project for purposes of section 207(c).
``(c) Decisions of Secretary Concerned.--
``(1) Rejection of projects.--
``(A) In general.--A decision by the Secretary concerned to
reject a proposed project shall be at the sole discretion of
the Secretary concerned.
``(B) No administrative appeal or judicial review.--
Notwithstanding any other provision of law, a decision by the
Secretary concerned to reject a proposed project shall not be
subject to administrative appeal or judicial review.
``(C) Notice of rejection.--Not later than 30 days after
the date on which the Secretary concerned makes the rejection
decision, the Secretary concerned shall notify in writing the
resource advisory committee that submitted the proposed
project of the rejection and the reasons for rejection.
``(2) Notice of project approval.--The Secretary concerned
shall publish in the Federal Register notice of each project
approved under subsection (a) if the notice would be required
had the project originated with the Secretary.
``(d) Source and Conduct of Project.--Once the Secretary
concerned accepts a project for review under section 203, the
acceptance shall be deemed a Federal action for all purposes.
``(e) Implementation of Approved Projects.--
``(1) Cooperation.--Notwithstanding chapter 63 of title 31,
United States Code, using project funds the Secretary
concerned may enter into contracts, grants, and cooperative
agreements with States and local governments, private and
nonprofit entities, and landowners and other persons to
assist the Secretary in carrying out an approved project.
``(2) Best value contracting.--
``(A) In general.--For any project involving a contract
authorized by paragraph (1) the Secretary concerned may elect
a source for performance of the contract on a best value
basis.
``(B) Factors.--The Secretary concerned shall determine
best value based on such factors as--
``(i) the technical demands and complexity of the work to
be done;
``(ii)(I) the ecological objectives of the project; and
``(II) the sensitivity of the resources being treated;
``(iii) the past experience by the contractor with the type
of work being done, using the type of equipment proposed for
the project, and meeting or exceeding desired ecological
conditions; and
``(iv) the commitment of the contractor to hiring highly
qualified workers and local residents.
``(3) Merchantable timber contracting pilot program.--
``(A) Establishment.--The Secretary concerned shall
establish a pilot program to implement a certain percentage
of approved projects involving the sale of merchantable
timber using separate contracts for--
``(i) the harvesting or collection of merchantable timber;
and
``(ii) the sale of the timber.
``(B) Annual percentages.--Under the pilot program, the
Secretary concerned shall ensure that, on a nationwide basis,
not less than the following percentage of all approved
projects involving the sale of merchantable timber are
implemented using separate contracts:
``(i) For fiscal year 2008, 35 percent.
``(ii) For fiscal year 2009, 45 percent.
``(iii) For each of fiscal years 2010 and 2011, 50 percent.
``(C) Inclusion in pilot program.--The decision whether to
use separate contracts to implement a project involving the
sale of merchantable timber shall be made by the Secretary
concerned after the approval of the project under this title.
``(D) Assistance.--
``(i) In general.--The Secretary concerned may use funds
from any appropriated account available to the Secretary for
the Federal land to assist in the administration of projects
conducted under the pilot program.
``(ii) Maximum amount of assistance.--The total amount
obligated under this subparagraph may not exceed $1,000,000
for any fiscal year during which the pilot program is in
effect.
``(E) Review and report.--
``(i) Initial report.--Not later than September 30, 2010,
the Comptroller General shall submit to the Committees on
Agriculture, Nutrition, and Forestry and Energy and Natural
Resources of the Senate and the Committees on Agriculture and
Natural Resources of the House of Representatives a report
assessing the pilot program.
(ii) Annual report.--The Secretary concerned shall submit
to the Committees on Agriculture, Nutrition, and Forestry and
Energy and Natural Resources of the Senate and the Committees
on Agriculture and Natural Resources of the House of
Representatives an annual report describing the results of
the pilot program.
``(f) Requirements for Project Funds.--The Secretary shall
ensure that at least 50 percent of all project funds be used
for projects that are primarily dedicated--
``(1) to road maintenance, decommissioning, or
obliteration; or
``(2) to restoration of streams and watersheds.
``SEC. 205. RESOURCE ADVISORY COMMITTEES.
``(a) Establishment and Purpose of Resource Advisory
Committees.--
``(1) Establishment.--The Secretary concerned shall
establish and maintain resource advisory committees to
perform the duties in subsection (b), except as provided in
paragraph (4).
``(2) Purpose.--The purpose of a resource advisory
committee shall be--
``(A) to improve collaborative relationships; and
``(B) to provide advice and recommendations to the land
management agencies consistent with the purposes of this
title.
``(3) Access to resource advisory committees.--To ensure
that each unit of Federal land has access to a resource
advisory committee, and that there is sufficient interest in
participation on a committee to ensure that membership can be
balanced in terms of the points of view represented and the
functions to be performed, the Secretary concerned may
establish resource advisory committees for part of, or 1 or
more, units of Federal land.
``(4) Existing advisory committees.--
``(A) In general.--An advisory committee that meets the
requirements of this section, a resource advisory committee
established before September 29, 2006, or an advisory
committee determined by the Secretary concerned before
September 29, 2006, to meet the requirements of this section
may be deemed by the Secretary concerned to be a resource
advisory committee for the purposes of this title.
``(B) Charter.--A charter for a committee described in
subparagraph (A) that was filed on or before September 29,
2006, shall be considered to be filed for purposes of this
Act.
``(C) Bureau of land management advisory committees.--The
Secretary of the Interior may deem a resource advisory
committee meeting the requirements of subpart 1784 of part
1780 of title 43, Code of Federal Regulations, as a resource
advisory committee for the purposes of this title.
``(b) Duties.--A resource advisory committee shall--
``(1) review projects proposed under this title by
participating counties and other persons;
``(2) propose projects and funding to the Secretary
concerned under section 203;
``(3) provide early and continuous coordination with
appropriate land management agency officials in recommending
projects consistent with purposes of this Act under this
title;
``(4) provide frequent opportunities for citizens,
organizations, tribes, land management agencies, and other
interested parties to participate openly and meaningfully,
beginning at the early stages of the project development
process under this title;
``(5)(A) monitor projects that have been approved under
section 204; and
``(B) advise the designated Federal official on the
progress of the monitoring efforts under subparagraph (A);
and
``(6) make recommendations to the Secretary concerned for
any appropriate changes or adjustments to the projects being
monitored by the resource advisory committee.
[[Page 21858]]
``(c) Appointment by the Secretary.--
``(1) Appointment and term.--
``(A) In general.--The Secretary concerned, shall appoint
the members of resource advisory committees for a term of 4
years beginning on the date of appointment.
``(B) Reappointment.--The Secretary concerned may reappoint
members to subsequent 4-year terms.
``(2) Basic requirements.--The Secretary concerned shall
ensure that each resource advisory committee established
meets the requirements of subsection (d).
``(3) Initial appointment.--Not later than 180 days after
the date of the enactment of this Act, the Secretary
concerned shall make initial appointments to the resource
advisory committees.
``(4) Vacancies.--The Secretary concerned shall make
appointments to fill vacncies on any resource advisory
committee as soon as practicable after the vacancy has
occurred.
``(5) Compensation.--Members of the resource advisory
committees shall not receive any compensation.
``(d) Composition of Advisory Committee.--
``(1) Number.--Each resource advisory committee shall be
comprised of 15 members.
``(2) Community interests represented.--Committee members
shall be representative of the interests of the following 3
categories:
``(A) 5 persons that--
``(i) represent organized labor or non-timber forest
product harvester groups;
``(ii) represent developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
``(iii) represent--
``(I) energy and mineral development interests; or
``(II) commercial or recreational fishing interests;
``(iv) represent the commercial timber industry; or
``(v) hold Federal grazing or other land use permits, or
represent nonindustrial private forest land owners, within
the area for which the committee is organized.
``(B) 5 persons that represent--
``(i) nationally recognized environmental organizations;
``(ii) regionally or locally recognized environmental
organizations;
``(iii) dispersed recreational activities;
``(iv) archaeological and historical interests; or
``(v) nationally or regionally recognized wild horse and
burro interest groups, Wildlife or hunting organizations, or
watershed associations.
``(C) 5 persons that--
``(i) hold State elected office `(or a designee);
``(ii) hold county or local elected office;
``(iii) represent American Indian tribes within or adjacent
to the area for which the committee is organized;
``(iv) are school officials or teachers; or
``(v) represent the affected public at large.
``(3) Balanced representation.--In appointing committee
members from the 3 categories in paragraph (2), the Secretary
concerned shall provide for balanced and broad representation
from within each category.
``(4) Geographic distribution.--The members of a resource
advisory committee shall reside within the State in which the
committee has jurisdiction and, to extent practicable, the
Secretary concerned shall ensure local representation in each
category in paragraph (2).
``(5) Chairperson.--A majority on each resource advisory
committee shall select the chairperson of the committee.
``(e) Approval Procedures.--
``(1) In general.--Subject to paragraph ``(3), each
resource advisory committee shall establish procedures for
proposing projects to the Secretary concerned under this
title.
``(2) Quorum.--A quorum must be present to constitute an
official meeting of the committee.
``(3) Approval by majority of members.--A project may be
proposed by a resource advisory committee to the Secretary
concerned under section 203(a), if the project has been
approved by a majority of members of the committee from each
of the 3 categories in subsection (d)(2).
``(f) Other Committee Authorities and Requirements.--
``(1) Staff assistance.--A resource advisory committee may
submit to the Secretary concerned a request for periodic
staff assistance from Federal employees under the
jurisdiction of the Secretary.
``(2) Meetings.--All meetings of a resource advisory
committee shall be announced at least 1 week in advance in a
local newspaper of record and shall be open to the public.
``(3) Records.--A resource advisory committee shall
maintain records of the meetings of the committee and make
the records available for public inspection.
``SEC. 206. USE OF PROJECT FUNDS.
``(a) Agreement Regarding Schedule and Cost of Project.--
``(1) Agreement between parties.--The Secretary concerned
may carry out a project submitted by a resource advisory
committee under section 203(a) using project funds or other
funds described in section 203(a)(2), if, as soon as
practicable after the issuance of a decision document for the
project and the exhaustion of all administrative appeals and
judicial review of the project decision, the Secretary
concerned and the resource advisory committee enter into an
agreement addressing, at a minimum, the following:
``(A) The schedule for completing the project.
``(B) The total cost of the project, including the level of
agency overhead to be assessed against the project.
``(C) For a multiyear project, the estimated cost of the
project for each of the fiscal years in which it will be
carried out.
``(D) The remedies for failure of the Secretary concerned
to comply with the terms of the agreement consistent with
current Federal law.
``(2) Limited use of federal funds.--The Secretary
concerned may decide, at the sole discretion of the Secretary
concerned, to cover the costs of a portion of an approved
project using Federal funds appropriated or otherwise
available to the Secretary for the same purposes as the
project.
``(b) Transfer of Project Funds.--
``(1) Initial transfer required.--As soon as practicable
after the agreement is reached under subsection (a) with
regard to a project to be funded in whole or in part using
project funds, or other funds described in section 203(a)(2),
the Secretary concerned shall transfer to the applicable unit
of National Forest System land or Bureau of Land Management
District an amount of project funds equal to--
``(A) in the case of a project to be completed in a single
fiscal year, the total amount specified in the agreement to
be paid using project funds, or other funds described in
section 203(a)(2); or
``(B) in the case of a multiyear project, the amount
specified in the agreement to be paid using project funds, or
other funds described in section 203(a)(2) for the first
fiscal year.
``(2) Condition on project commencement.--The unit of
National Forest System land or Bureau of Land Management
District concerned, shall not commence a project until the
project funds, or other funds described in section 203(a)(2)
required to be transferred under paragraph (1) for the
project, have been made available by the Secretary concerned.
``(3) Subsequent transfers for multiyear projects.--
``(A) In general.--For the second and subsequent fiscal
years of a multiyear project to be funded in whole or in part
using project funds, the unit of National Forest System land
or Bureau of Land Management District concerned shall use the
amount of project funds required to continue the project in
that fiscal year according to the agreement entered into
under subsection (a).
``(B) Suspension of work.--The Secretary concerned shall
suspend work on the project if the project funds required by
the agreement in the second and subsequent fiscal years are
not available.
``SEC. 207. AVAILABILITY OF PROJECT FUNDS.
``(a) Submission of Proposed Projects To Obligate Funds.--
By September 30, 2008 (or as soon thereafter as the Secretary
concerned determines is practicable), and each September 30
thereafter for each succeeding fiscal year through fiscal
year 2011, a resource advisory committee shall submit to the
Secretary concerned pursuant to section 203(a)(1) a
sufficient number of project proposals that, if approved,
would result in the obligation of at least the full amount of
the project funds reserved by the participating county in the
preceding fiscal year.
``(b) Use or Transfer of Unobligated Funds.--Subject to
section 208, if a resource advisory committee fails to comply
with subsection (a) for a fiscal year, any project funds
reserved by the participating county in the preceding fiscal
year and remaining unobligated shall be available for use as
part of the project submissions in the next fiscal year.
``(c) Effect of Rejection of Projects.--Subject to section
208, any project funds reserved by a participating county in
the preceding fiscal year that are unobligated at the end of
a fiscal year because the Secretary concerned has rejected
one or more proposed projects shall be available for use as
part of the project submissions in the next fiscal year.
``(d) Effect of Court Orders.--
``(1) In general.--If an approved project under this Act is
enjoined or prohibited by a Federal court, the Secretary
concerned shall return the unobligated project funds related
to the project to the participating county or counties that
reserved the funds.
``(2) Expenditure of funds.--The returned funds shall be
available for the county to expend in the same manner as the
funds reserved by the county under subparagraph (B) or (C)(i)
of section 102(d)(1).
``SEC. 208. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title shall terminate on September 30, 2011.
``(b) Deposits in Treasury.--Any project funds not
obligated by September 30, 2012, shall be deposited in the
Treasury of the United States.
``TITLE III--COUNTY FUNDS
``SEC. 301. DEFINITIONS.
``In this title:
``(1) County funds.--The term ``county funds'' means all
funds an eligible county elects under section 102(d) to
reserve for expenditure in accordance with this title.
[[Page 21859]]
``(2) Participating county.--The term ``participating
county'' means an eligible county that elects under section
102(d) to expend a portion of the Federal funds received
under section 102 in accordance with this title.
``SEC. 302. USE.
``(a) Authorized Uses.--A participating county, including
any applicable agencies of the participating county, shall
use county funds, in accordance with this title, only--
``(1) to carry out activities under the Firewise
Communities program to provide to homeowners in fire-
sensitive ecosystems education on, and assistance with
implementing, techniques in home siting, home construction,
and home landscaping that can increase the protection of
people and property from wildfires;
``(2) to reimburse the participating county for search and
rescue and other emergency services, including firefighting,
that are--
``(A) performed on Federal land after the date on which the
use was approved under subsection (b);
``(B) paid for by the participating county; and
``(3) to develop community wildfire protection plans in
coordination with the appropriate Secretary concerned.
``(b) Proposals.--A participating county shall use county
funds for a use described in subsection (a) only after a 45-
day public comment period, at the beginning of which the
participating county shall--
``(1) publish in any publications of local record a
proposal that describes the proposed use of the county funds;
and
``(2) submit the proposal to any resource advisory
committee established under section 205 for the participating
county.
``SEC. 303. CERTIFICATION.
``(a) In General.--Not later than February 1 of the year
after the year in which any county funds were expended by a
participating county, the appropriate official of the
participating county shall submit to the Secretary concerned
a certification that the county funds expended in the
applicable year have been used for the uses authorized under
section 302(a), including a description of the amounts
expended and the uses for which the amounts were expended.
``(b) Review.--The Secretary concerned shall review the
certifications submitted under subsection (a) as the
Secretary concerned determines to be appropriate.
``SEC. 304. TERMINATION OF AUTHORITY.
``(a) In General.--The authority to initiate projects under
this title terminates on September 30, 2011.
``(b) Availability.--Any county funds not obligated by
September 30, 2012, shall be returned to the Treasury of the
United States.
``TITLE IV--MISCELLANEOUS PROVISIONS
``SEC. 401. REGULATIONS.
``The Secretary of Agriculture and the Secretary of the
Interior shall issue regulations to carry out the purposes of
this Act.
``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act for each of fiscal years 2008
through 2011.
``SEC. 403. TREATMENT OF FUNDS AND REVENUES.
``(a) Relation to Other Appropriations.--Funds made
available under section 402 and funds made available to a
Secretary concerned under section 206 shall be in addition to
any other annual appropriations for the Forest Service and
the Bureau of Land Management.
``(b) Deposit of Revenues and Other Funds.--All revenues
generated from projects pursuant to title II, including any
interest accrued from the revenues, shall be deposited in the
Treasury of the United States.''.
(b) Forest Receipt Payments to Eligible States and
Counties.--
(1) Act of may 23, 1908.--The sixth paragraph under the
heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16
U.S.C. 500) is amended in the first sentence by striking
``twenty-five percentum'' and all that follows through
``shall be paid'' and inserting the following: ``an amount
equal to the annual average of 25 percent of all amounts
received for the applicable fiscal year and each of the
preceding 6 fiscal years from each national forest shall be
paid''.
(2) Weeks law.--Section 13 of the Act of March 1, 1911
(commonly known as the ``Weeks Law'') (16 U.S.C. 500) is
amended in the first sentence by striking ``twenty-five
percentum'' and all that follows through ``shall be paid''
and inserting the following: ``an amount equal to the annual
average of 25 percent of all amounts received for the
applicable fiscal year and each of the preceding 6 fiscal
years from each national forest shall be paid''.
(c) Payments in Lieu of Taxes.--
(1) In general.--Section 6906 of title 31, United States
Code, is amended to read as follows:
``Sec. 6906. Funding
``For each of fiscal years 2008 through 2012--
``(1) each county or other eligible unit of local
government shall be entitled to payment under this chapter;
and
``(2) sums shall be made available to the Secretary of the
Interior for obligation or expenditure in accordance with
this chapter.''.
(2) Conforming amendment.--The table of sections for
chapter 69 of title 31, United States Code, is amended by
striking the item relating to section 6906 and inserting the
following:
``6906. Funding.''.
(3) Budget scorekeeping.--
(A) In general.--Notwithstanding the Budget Scorekeeping
Guidelines and the accompanying list of programs and accounts
set forth in the joint explanatory statement of the committee
of conference accompanying Conference Report 105-217, the
section in this title regarding Payments in Lieu of Taxes
shall be treated in the baseline for purposes of section 257
of the Balanced Budget and Emergency Deficit Control Act of
1985 (as in effect prior to September 30, 2002), and by the
Chairmen of the House and Senate Budget Committees, as
appropriate, for purposes of budget enforcement in the House
and Senate, and under the Congressional Budget Act of 1974 as
if Payment in Lieu of Taxes (14-1114-0-1-806) were an account
designated as Appropriated Entitlements and Mandatories for
Fiscal Year 1997 in the joint explanatory statement of the
committee of conference accompanying Conference Report 105-
217.
(B) Effective date.--This paragraph shall remain in effect
for the fiscal years to which the entitlement in section 6906
of title 31, United States Code (as amended by paragraph
(1)), applies.
____
(The information contained herein was provided by
Democratic Minority on multiple occasions throughout the
109th Congress.)
The Vote on the Previous Question: What It Really Means
This vote, the vote on whether to order the previous
question on a special rule, is not merely a procedural vote.
A vote against ordering the previous question is a vote
against the Democratic majority agenda and a vote to allow
the opposition, at least for the moment, to offer an
alternative plan. It is a vote about what the House should be
debating.
Mr. Clarence Cannon's Precedents of the House of
Representatives, (VI, 308-311) describes the vote on the
previous question on the rule as ``a motion to direct or
control the consideration of the subject before the House
being made by the Member in charge.'' To defeat the previous
question is to give the opposition a chance to decide the
subject before the House. Cannon cites the Speaker's ruling
of January 13, 1920, to the effect that ``the refusal of the
House to sustain the demand for the previous question passes
the control of the resolution to the opposition'' in order to
offer an amendment. On March 15, 1909, a member of the
majority party offered a rule resolution. The House defeated
the previous question and a member of the opposition rose to
a parliamentary inquiry, asking who was entitled to
recognition. Speaker Joseph G. Cannon (R-Illinois) said:
``The previous question having been refused, the gentleman
from New York, Mr. Fitzgerald, who had asked the gentleman to
yield to him for an amendment, is entitled to the first
recognition.''
Because the vote today may look bad for the Democratic
majority they will say ``the vote on the previous question is
simply a vote on whether to proceed to an immediate vote on
adopting the resolution [and] has no substantive legislative
or policy implications whatsoever.'' But that is not what
they have always said. Listen to the definition of the
previous question used in the Floor Procedures Manual
published by the Rules Committee in the 109th Congress, (page
56). Here's how the Rules Committee described the rule using
information from Congressional Quarterly's ``American
Congressional Dictionary'': ``If the previous question is
defeated, control of debate shifts to the leading opposition
member (usually the minority Floor Manager) who then manages
an hour of debate and may offer a germane amendment to the
pending business.''
Deschler's Procedure in the U.S. House of Representatives,
the subchapter titled ``Amending Special Rules'' states: ``a
refusal to order the previous question on such a rule [a
special rule reported from the Committee on Rules] opens the
resolution to amendment and further debate.'' (Chapter 21,
section 21.2) Section 21.3 continues: Upon rejection of the
motion for the previous question on a resolution reported
from the Committee on Rules, control shifts to the Member
leading the opposition to the previous question, who may
offer a proper amendment or motion and who controls the time
for debate thereon.''
Clearly, the vote on the previous question on a rule does
have substantive policy implications. It is one of the only
available tools for those who oppose the Democratic
majority's agenda and allows those with alternative views the
opportunity to offer an alternative plan.
Ms. JACKSON-LEE of Texas. Madam Speaker, I rise today in strong
support of H.R. 6049, the Renewable Energy and Job Creation Tax Act of
2008. This legislation is a timely, necessary, and comprehensive
approach to addressing our energy crisis. I support efforts to extend
the expiring business tax
[[Page 21860]]
provisions. Opponents of H.R. 6049 are concerned that the House
Amendment to the Senate Amendment to this bill would permanently
increase taxes on businesses to pay for a temporary, one-year extension
of expiring business tax provisions. I fail to see the merits of the
opponent's contention and I believe that the benefits far outweigh any
potential costs. Given the circumstances, the American economy is
spiraling downward, energy prices are high, and unemployment is high,
some kind of relief must be granted. To the extent that this body can
grant some kind of relief, it is to be supported. I urge my colleagues
to support this legislation. I am committed to working with industry
actors to make sure that some balance is struck in the future.
The following are provisions that are widely supported by various
interest groups:
Extension of Expired and Expiring Business Tax Provisions--
Legislation is urgently needed to extend critically important
provisions. A number of provisions--such as the R&D credit, the
election to deduct state and local general sales tax, and the railroad
track maintenance credit--already have expired. Others--such as the
exception under subpart F for active financing income and the look-
through treatment of payments between related controlled foreign
corporations (CFCs) under the foreign personal holding company rules--
expire at the end of this year.
Clean Energy Tax Incentives--The extension of the clean energy tax
incentives. These incentives will go a long way toward the development
of the renewable and alternative energy technologies essential to
America's energy future. The Chamber believes it is critical to promote
the responsible use of all energy sources. To reach this goal,
government and business should support investment in new technologies
that expand alternative energy and enable traditional sources of energy
to be used more cleanly and efficiently.
Some business interests have concerns with revenue offset provisions
included in the House Amendment to the Senate Amendment to H.R. 6049,
including those related to:
Punitive Oil and Gas Taxes--Businesses claim that Congress must be
mindful of the crosswinds hitting the American economy from the
financial sector to the housing sectors. Many believe tax increases on
the oil and gas industries are out of sync with an American economy
showing great demand for increased domestic energy production, which
could provide the opportunity for the energy industry to add a
significant number of high-wage jobs. Many are concerned with
provisions that would freeze the section 199 deduction for oil and gas
companies. This change would discourage energy investment, resulting in
the loss of jobs, a decrease in the supply of oil and gas, and an
increase in the costs for businesses that rely on oil and gas.
Many businesses interest groups are also concerned with the proposed
modification of the foreign tax credit rules for oil and gas companies,
as this change would place domestic firms at a competitive disadvantage
to foreign oil and gas manufacturers.
FUTA Surtax--Some businesses are concerned with the proposed
extension of the FUTA surtax, which was added to the tax code in 1976
as a temporary measure and should have been allowed to expire long ago,
having outlived the purposes and term that served as the rationale for
its enactment.
Nonqualified Deferred Compensation--Some acknowledges that tax
deferred plans used by offshore partnerships are created as part of
complex legal agreements between managers and limited partners who are
usually passive foreign investors. Foreign investors utilize these
deferral arrangements to better align the interests of the manager with
the investors. Altering these economic arrangements could cause these
investments to migrate to other countries.
I will end, as I began. I believe that this bill is solid and makes
great strides toward providing relief to the American people. I support
this bill, and I am committed to working with industry and businesses
to make sure that their concerns are heard and addressed.
I urge my colleagues to support this bill.
Mr. ARCURI. I yield back the balance of my time and I move the
previous question on the resolution.
The SPEAKER pro tempore. The question is on ordering the previous
question.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. ARCURI. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair would announce that the Chair's
earlier announcement regarding rollcall number 641 was mistaken.
Thus, the correct number of ``aye'' votes is 414.
____________________
MAKE AMERICA'S R&D TAX CREDIT PERMANENT
(Mr. SALI asked and was given permission to address the House for 1
minute.)
Mr. SALI. Madam Speaker, it has come to my attention that France,
long regarded as a bastion of protectionism, actually features some of
the world's most inviting research and development tax credits. These
credits are open to any company, whether they are American or French,
and cover half of research costs up to 100 million euros.
It is a sad state of affairs when American companies can't budget for
long-term research costs because Congress has failed to make the R&D
tax credit permanent, yet France offers impressive tax credits across
the Atlantic to do the same work.
Let's act now to make America's R&D tax credit permanent here in the
United States so we will not lose our cutting edge to the Old World.
____________________
SPECIAL ORDERS
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, and under a previous order of the House, the
following Members will be recognized for 5 minutes each.
____________________
HUMAN TRAFFICKING ON THE NORTHWEST BORDER
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Idaho (Mr. Sali) is recognized for 5 minutes.
Mr. SALI. Madam Speaker, the country we live in is far too big to see
all at once, and many of us have only heard stories of some of its
subcultures, hidden treasures, and the uniqueness of thousands of local
communities.
One world that some of us never see is the dark world of human
trafficking. Because trafficked persons look just like the rest of us,
it is a difficult world to perceive. And yet, this underground global
economy in persons is thought to involve as much as $132 billion a
year, with profits from its trade reaching over $200 billion.
This sordid culture, to which most of us are happily blind, crosses
all national boundaries, including our own. Perhaps the most widely
recognized form is sex trafficking of women into prostitution, but we
must also recognize the trafficking of migrant workers, who are often
deceived into leaving their homelands into forced, brutal labor without
travel documents that give them the identity with which to escape.
There is also the forcible use of children to beg for street gangs or
work in dangerous conditions, and what I think is the most disgusting,
the recent trend of Western tourists engaging in child sex tourism,
traveling the world looking for children who are being held in
prostitution by their captors.
We like to think that we live in a modern and modernizing world,
where barbarism is merely a bad memory. Yet, raw evil persists in our
time. Ignoring human trafficking only pulls a shade over an already
dark practice. But ignoring it makes it no less real and no less
horrifying.
The State Department's 2008 Trafficking in Human Persons Report
reveals the truth, but sickens us at the same time. The report quotes
one self-justifying American schoolteacher about his child sex tourism,
``I'm helping them financially. If they don't have sex with me, they
may not have enough food. If someone has a problem with me doing this,
let UNICEF feed them.''
America is not great because we are perfect or because we refuse to
accept injustice when we see it. Child soldiers, 8-year old
prostitutes, domestic slavery, this is all real, and you can read about
it in the State Department's report. The problem does not go away
[[Page 21861]]
when we close our eyes, so it is imperative that we open them and act
on this problem.
It's easy to think of this as a Third World problem. The numbers and
the brutality are best gazed at from a distance, when we can shake our
heads in horror and promptly change the channel to a different station.
However, according to the State Department: The U.S. is a destination
country for thousands of men, women, and children trafficked largely
from East Asia, Mexico, and Central America for the purposes of labor
and sexual exploitation. The Trafficking Victims Prevention Act of 2000
has been a great step forward in this fight, its purpose being to
punish traffickers, protect victims, and prevent future trafficking.
While the number of prosecutions has gone up and steps clearly have
been taken to help the victims, we can make a significant move to
prevent trafficking by ensuring that the U.S. is not a destination
country. One way to further this goal is to create a Northwest
Trafficking Task Force to coordinate these efforts on our Northwestern
border, running across Washington, Idaho, and Montana. This thousand-
mile border is often patrolled merely on horseback. Without adequate
resources, we cannot effectively fight this problem; we must catch it
at the border.
We are morally responsible to ensure the God-given dignities of life,
liberty, and the pursuit of happiness in this country. We must have the
vigilance to keep watch over these freedoms so that no form of human
bondage is accepted or ignored.
I humbly ask my colleagues to open their eyes, consider these facts,
and stand with me against this horror of human trafficking here at
home.
____________________
ALTERNATIVE TO WALL STREET BAILOUT
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Michigan (Mr. McCotter) is recognized for 5 minutes.
Mr. McCOTTER. Madam Speaker, before I was elected to Congress, we
used to hear--and unfortunately with some justification--that when
faced with a crisis, Members of Congress would invariably soil
themselves, throw money at the problem, and hoped it went away.
Unfortunately, in these dysfunctional economic times, we find that this
process has continued. As American families face a potential meltdown
of the financial sector, we have seen what I believe to be an
inappropriate response starting with this administration.
From the time that we were informed that a potential financial
meltdown was going to occur, the separate, equal branch of governance,
which is the United States Congress, was told that we had but one
alternative, and that if we did not pass it quickly in the time period
specified by the executive branch, that our economy would be severely
damaged.
It has been my opinion that we were elected to serve in this Congress
by the sovereign people of the United States, to make important
decisions on their behalf, to do it with our due diligence and our
devotion that it's due, and to come up with a positive solution to
their situation.
Last night, as I watched the President of the United States explain
his view of this, I was struck by the fact that again we were told that
if we did not give unlimited amounts of money, up to $700 billion, and
unlimited powers--with lack of adequate oversight--to the executive
branch, that we were failing in our due diligence and responsibilities
to the American people.
I heard the President of the United States say that if we do not
support what they put forward as the only alternative to this crisis,
we do not understand the need to act. That statement is false. We
understand the need to act.
We heard from the President of the United States that if we did not
support his plan and the Paulson plan, that we did not care about
American families. That statement is false. We care very much about
American families.
What we did not hear was a recognition that a three-page document
that gives to the Treasury Secretary and the Chairman of the Federal
Reserve unlimited powers--the likes of which Stalin and Mao killed
people for--was not an acceptable response to give to this separate,
equal branch of government.
Today, we are told that House Republicans are standing in the way of
a $700 billion use of your tax dollars to bail out the very people who
caused this problem. Guilty as charged. House Republicans believe that
there is an alternative.
The administration tells us that their first, last, only resort is to
go to the taxpayers and bail out Wall Street. We fundamentally disagree
with this. What we believe should happen is Wall Street should bail out
Wall Street. House Republicans believe that the toxic assets that are
clogging up our economy should first attempt to be recapitalized by the
people sitting on the sidelines with their money waiting for you, the
taxpayer, to be fleeced and put it in so they are confident that the
market will work. This is not making the market work.
I heard from the President last night that the free market has
failed.
{time} 1945
The free market has not failed. The free market is correcting from
the bad deeds of actors within that market. It is the government that
is trying to interfere in the market for political purposes.
We cannot reinflate the bubble to save the American economy. What we
need to do is be responsible and lay forward a private recapitalization
plan with appropriate backstop that first and foremost protects the
innocent, namely the taxpayers. The people who on Main Street invested
and saved and had good credit their entire lives should not be asked to
go back in and help the cowboy capitalists who shot themselves in the
foot. House Republicans understand this. Just as we understand the need
to act quickly, we also understand the need to act appropriately.
This is not an attempt to engage in an argument with the President. I
have admiration for the President. And I have supported the President,
as have House Republicans, when he has been correct. But he is in error
now. House Republicans stood and supported the Petraeus surge so our
troops would have victory in Iraq. Today House Republicans oppose the
Paulson splurge so that we can have prosperity in America over the long
run. And make no mistake. We understand the gravity of this situation.
But we will not engage in a rush to judgment that destroys the
possibilities of a free market and prosperity for American families for
decades to come.
We will not walk out of this room after a forced vote, waving a piece
of paper in our hands and claiming ``peace in our time.'' We will do
the job we were entrusted. And we will get the job done.
____________________
IT IS IMPRUDENT FOR CONGRESS TO RUSH TO BAIL OUT WALL STREET
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from New Jersey (Mr. Garrett) is recognized for 5 minutes.
Mr. GARRETT of New Jersey. As the gentleman just explained, the
dilemma that we are in and where the proper recourse or result should
go to at this point and what the solution that has been presented us is
not the correct solution, and that alternatives such as allowing the
free market to develop, lowering taxes on capital gains and the like,
allowing the private sector to develop an alternative, which has
already occurred through the RSC and other forms here in the Republican
Conference, is perhaps the better avenue to pursue.
Let me, though, take the next 3 or 4 minutes to answer the question
that many in the American public are asking tonight, how in the world
did we ever get here?
Well, many financial analysts will tell you that the underpinnings of
the problems that we are facing today in the credit markets on Wall
Street that
[[Page 21862]]
are affecting the homeowners on Main Street go back a number of years
and apply to the situation with the GSEs, that is Fannie Mae and
Freddie Mac. And the suggestion is that had they been appropriately
regulated over the years, we would not be in this severe financial
crisis that we are in today.
So who was raising those red flags years ago to say what should have
been done? Well if we go back, let's see, 1, 2, 3, 4, 5, 6 years to
2001, in fact it was the Bush administration that began raising some
red flags. In 2002 in their budget request they declared that the size
of Fannie and Freddie is ``a potential problem'' and could cause
financial trouble and either one of them could cause strong
repercussions in the financial markets. That was back in 2002.
2003 is when I joined Congress and served on the Financial Services
Committee. I immediately began to call for a step-up in regulations of
Fannie and Freddie. The White House was at the same time doing the same
thing. They said in 2003, the White House was warning about Fannie Mae
and Freddie Mac that they needed an upgrade in what we call world-class
regulation to address something called systemic risk, a risk that could
spread beyond just the housing sector. In the fall of 2003 the
administration was pushing Congress hard to create a new Federal agency
to regulate and to supervise both Fannie and Freddie, these government-
sponsored entities. They and I and other Members from our side of the
aisle said that we need a strong world-class regulator to oversee their
operations of their safety and soundness.
As a matter of fact, I recall a hearing when the then-Secretary of
the Treasury, Secretary Snow, came in. And he made that point as well.
But I also remember him getting a lot of pushback from both sides of
the aisle, but also from the gentleman who is now the chairman of the
Financial Services Committee. It was back on September 25, 2003, when
he was in the minority at that time, but he is now the chairman of the
Financial Services Committee today, Barney Frank said ``there are
people in the country who are prepared to lend money to Fannie Mae and
Freddie Mac at less interest rates than they might get elsewhere. I
thank those people for doing that. I must tell them that I hope that
they are not doing that on the assumption that if things go bad, I or
my colleagues will bail them out. We will not.''
Well the legislation that has come through in July did exactly that,
bailed them out to the tune of over $200 billion. The legislation that
the gentleman who just came before me just spoke about will be bailing
out the financial industry to the tune of $700 billion.
Mr. Frank goes on to say, ``I think it is clear that Fannie Mae and
Freddie Mac are sufficiently secure so they are in no great danger.''
Well of course we see what has happened to them. We just had a
hearing on them today. And they are now in conservatorship. They were
in great danger. They were in danger of systemic risk, which has
eventually brought them down.
He also said on that day, ``I don't think we face a crisis. I don't
think we have an impending disaster.'' We all just heard the President
of the United States on TV last night. He described the crisis that the
United States is in right now. Whether you call that an impending
disaster, whether we take action or not, I don't know whether Mr. Frank
would say or those who pushed back to Mr. Snow, who pushed back to the
administration, who pushed back to those of us on this side of the
aisle that said we need to move forward and try to address the issue of
systemic risk.
Unfortunately those efforts did not come about. We never got the
world-class regulator in over the GSEs until it was too late. And now
we are left with the situation at hand.
The gentleman who came before spoke of the dilemma that we are faced
with, a Hobbesian choice of sorts is the way it was presented last
night: Either you do this or everything will fall apart. Well we
suggest that there is an alternative to the proposal that the
administration has proposed. We humbly suggest that alternative should
be considered in a thoughtful and thought-out process, not one that is
a rush to judgment, not one that would put the American taxpayer on the
hook, one that would ask the private sector to take their lead and take
their step in the process as well.
We would ask for the time in order to engage in the process.
____________________
IT IS INAPPROPRIATE TO TURN OVER OUR ECONOMIC SYSTEM TO THE GOVERNMENT
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from North Carolina (Ms. Foxx) is recognized for 5 minutes.
Ms. FOXX. Madam Speaker, I feel certain that some of my colleagues
have already broached the issue of the topic that has been consuming us
around here for the last 4 days, and that has been the topic that is
most being discussed on the news and I think by many Americans. I know
that in speaking to my colleagues on both sides of the aisle, that we
have all received many, many telephone calls about the issue of our
economy. And again it is very much on our minds and it is the thing
that is pretty much dominating everyone's thinking.
I came tonight because last night I talked a little bit about the
situation that we have and my concern about the blame game. Ever since
there was the announcement that we have a problem with our economy that
the President and Secretary of Treasury have announced that we need to
do something drastic about our economy, there have been a lot of people
pointing fingers. We've heard a lot, particularly from the Democrats,
saying that this is a Republican problem, you deal with it. But as we
see more and more in the news and more and more in documents, we learn
that Republicans and even nonpartisan people such as Alan Greenspan
when he was chairman of the Federal Reserve warned that something
needed to be done about this situation or we were going to very much be
in the situation that we find ourselves in and that the root of this
problem was the problem with the two agencies called Fannie Mae and
Freddie Mac. These are agencies that were set up many years ago to deal
with helping people who were low-income people or disadvantaged people
or minorities get low-income loans and be able to buy homes.
We've learned again a great deal about the fact that there was
insufficient oversight of those two agencies, and that when Republicans
raised the issue of better oversight, more effective oversight, they
were often blocked. There was an article in Friday's Washington Post by
Al Hubbard and Noam Neusner entitled ``Where Was Senator Dodd?'' And
the subheadlines, ``Playing the Blame Game on Fannie and Freddie.'' I
would like to submit the entire article. I'm not going to read it all.
Madam Speaker, let me just read a bit of it. ``Taxpayers face a tab
of as much as $200 billion for a government takeover of Fannie Mae and
Freddie Mac, the formerly semi-autonomous mortgage finance
clearinghouses. And Senator Christopher Dodd, the Democratic chairman
of the Senate Banking Committee, has the gall to ask in a Bloomberg
Television interview, ``I have a lot of questions about where was the
administration over the last 8 years.
``We will save the senator some trouble. Here is what we saw
firsthand at the White House from late 2002 to 2007: Starting in 2002,
White House and Treasury Department economic policy staffers, with
support from then-Chief of Staff Andy Card, began to press for
meaningful reforms of Fannie, Freddie and other government-sponsored
enterprises.''
And then it goes on to talk about it. And it chronicles all of the
problems that were put up to the administration when they brought these
issues up. There are many, many other articles that are out, as I said,
talking about this.
Now, I am not one who is in favor of the plan that was brought to us
by Secretary Paulson at the beginning of this
[[Page 21863]]
week. Many of us here really believe in this country, and we believe in
the principles that undergird this country. They are the rule of law,
our Judeo-Christian heritage and capitalism. Those are the things that
have made our country great. And it is not appropriate to turn over our
economic system to the government.
[From the Washington Post, Sept. 12, 2008]
Where Was Sen. Dodd?
(By Al Hubbard and Noam Neusner)
Taxpayers face a tab of as much as $200 billion for a
government takeover of Fannie Mae and Freddie Mac, the
formerly semi-autonomous mortgage finance clearinghouses. And
Sen. Christopher Dodd, the Democratic chairman of the Senate
Banking Committee, has the gall to ask in a Bloomberg
Television interview: ``I have a lot of questions about where
was the administration over the last eight years.''
We will save the senator some trouble. Here is what we saw
firsthand at the White House from late 2002 through 2007:
Starting in 2002, White House and Treasury Department
economic policy staffers, with support from then-Chief of
Staff Andy Card, began to press for meaningful reforms of
Fannie, Freddie and other government-sponsored enterprises
(GSEs).
The crux of their concern was this: Investors believed that
the GSEs were government-backed, so shouldn't the GSEs also
be subject to meaningful government supervision?
This was not the first time a White House had tried to
confront this issue. During the Clinton years, Treasury
Secretary Larry Summers and Treasury official Gary Gensler
both spoke out on the issue of Fannie and Freddie's
investment portfolios, which had already begun to resemble
hedge funds with risky holdings. Nor were others silent: As
chairman of the Federal Reserve, Alan Greenspan regularly
warned about the risks posed by Fannie and Freddie's
holdings.
President Bush was receptive to reform. He withheld
nominees for Fannie and Freddie's boards--a presidential
privilege. While it would have been valuable politically to
use such positions to reward supporters, the president put
good policy above good politics.
In subsequent years, officials at Treasury and the Council
of Economic Advisers (especially Chairmen Greg Mankiw and
Harvey Rosen) pressed for the following: Requiring Fannie and
Freddie to submit to regulations of the Securities and
Exchange Commission; to adopt financial accounting standards;
to follow bank standards for capital requirements; to shrink
their portfolios of assets from risky levels; and empowering
regulators such as the Office of Federal Housing Oversight to
monitor the firms.
The administration did not accept half measures. In 2005,
Republican Mike Oxley, then chairman of the House Financial
Services Committee, brought up a reform bill (H.R. 1461), and
Fannie and Freddie's lobbyists set out to weaken it. The bill
was rendered so toothless that Card called Oxley the night
before markup and promised to oppose it. Oxley pulled the
bill instead.
During this period, Sen. Richard Shelby led a small group
of legislators favoring reform, including fellow Republican
Sens. John Sununu, Chuck Hagel and Elizabeth Dole. Meanwhile,
Dodd--who along with Democratic Sens. John Kerry, Barack
Obama and Hillary Clinton were the top four recipients of
Fannie and Freddie campaign contributions from 1988 to 2008--
actively opposed such measures and further weakened existing
regulations.
The president's budget proposals reflected the nature of
the challenge. Note the following passage from the 2005
budget: Fannie, Freddie and other GSEs ``are highly
leveraged, holding much less capital in relation to their
assets than similarly sized financial institutions. . . . A
misjudgment or unexpected economic event could quickly
deplete this capital, potentially making it difficult for a
GSE to meet its debt obligations. Given the very large size
of each enterprise, even a small mistake by a GSE could have
consequences throughout the economy.''
That passage was published in February 2004. Dodd can find
it on Page 82 of the budget's Analytical Perspectives.
The administration not only identified the problem, it also
recommended a solution. In June 2004, then-Deputy Treasury
Secretary Samuel Bodman said: ``We do not have a world-class
system of supervision of the housing government-sponsored
enterprises (GSEs), even though the importance of the housing
financial system that the GSEs serve demands the best in
supervision.''
Bush got involved in the effort personally, speaking out
for the cause of reform: ``Congress needs to pass legislation
strengthening the independent regulator of government-
sponsored enterprises like Freddie Mac and Fannie Mae, so we
can keep them focused on the mission to expand home
ownership,'' he said in December. He even mentioned GSE
reform in this year's State of the Union address.
How did Fannie and Freddie counter such efforts? They
flooded Washington with lobbying dollars, doled out tens of
thousands in political contributions and put offices in key
congressional districts. Not surprisingly, these efforts
worked. Leaders in Congress did not just balk at proposals to
rein in Fannie and Freddie. They mocked the proposals as
unserious and unnecessary.
Rep. Barney Frank (D-Mass.) said the following on Sept. 11,
2003: ``We see entities that are fundamentally sound
financially. . . . And even if there were a problem, the
federal government doesn't bail them out.''
Sen. Thomas Carper (D-Del.), later that year: ``If it ain't
broke, don't fix it.''
As recently as last summer, when housing prices had clearly
peaked and the mortgage market had started to seize up, Dodd
call on Bush to ``immediately reconsider his ill-advised''
reform proposals. Frank, now chairman of the House Financial
Services Committee, said that the president's suggestion for
a strong, independent regulator of Fannie and Freddie was
``inane.''
Sen. Dodd wonders what the Bush administration did to
address the risks of Fannie and Freddie. Now, he knows. The
real question is: Where was he?
____________________
AMERICA NEEDS REAL FINANCIAL REFORM, NOT A BAILOUT
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
Ms. KAPTUR. Madam Speaker, I would like to place in the Record the
measuring sticks against which I will weigh any proposal brought before
this Congress to bail out Wall Street investment houses.
Number one, financial reform must come first. America needs reform,
not a bailout. Over the last 20 years, legislation has been passed by
this Congress, H.R. 1278 in 1989 called FIRREA, interstate banking in
1994 which created those big mega banks, and H.R. 10/S. 900 in 1999,
which overturned the Glass-Steagall Act that allowed banking, real
estate and insurance all to be under the roof of the same firm.
Well all those bills together have created a highly concentrated
financial system, particularly in housing finance, rather than a
decentralized one like that which we had for most of the 20th century.
This bailout is the result of high-risk misbehavior by distant
financial giants. They have sucked equity out of local communities and
turned local markets into derivative, debt-ridden communities rather
than independent, robust, credit markets with prudent savings and
lending practices.
Reform should restore those prudent and transparent banking practices
defining the difference between banks and investment houses and
protecting and restoring the protections that existed prior to 1999
when that Glass-Steagall Act was eliminated. Conflicts of interest at
bond rating agencies should be addressed by such agencies becoming
public. Reform, as I say, and regulation should come first out the door
before the money, not later.
{time} 2000
Number two, Main Street housing market deflation must be stabilized
as step one. A moratorium should be placed on all home foreclosures for
120 days. That will take us into the new year. And deflation in the
housing market really is what has triggered this credit crunch. The
Federal Reserve could use its influence through its regionalized
structure to bring parties together to work out affected loans in
places like Ohio to stabilize local real estate and housing markets.
That is where the real assets are and where the markets must clear and
adjust.
What a crime it would be if people are thrown out of their homes and
an institution somewhere over in England like Barclays becomes the
owner of those assets and gets them at fire-sale prices. We need to put
those assets back in the hands of the American people.
The traditional home loan backed by savings deposits was converted
into a bond during the 1990s and then securitized into those
international markets. The time-tested loan standards of character,
collateral and collectibility were shelved, and therefore to reform
this system it must be decentralized again, with the community savings
and home loan bank system being reestablished with an emphasis on
increasing savings deposits with enhanced local mortgage origination
and
[[Page 21864]]
oversight, as opposed to concentration of activity in Wall Street
investment houses.
Number three, a new Financial Assets Management Board should be
formed to manage this mortgage refinancing and workouts at the local
level, similar to FDR's Homeowner Loan Corporation.
Fourth, the Department of Justice should be authorized to investigate
the wrongdoers, to track down the fraud, misrepresentation of asset
value, insider trading and related crimes in this scandal. There should
be over 500 attorneys and accountants and support staff to conduct
thorough investigations, forensic accounting and prosecution.
Fifth, any Federal dollar that is expended must result in equity to
our taxpayers. If our people are going to be forced to fund unlimited
private sector bad debt, our people must receive an equity share in
every Wall Street financial company proportional to the amount of bad
debt held that is shifted to the taxpayer.
Our people are being asked to take 100 percent of the risk. They
should be afforded the benefit of any future profits. A 0.25 percent
transaction fee should be charged on every Wall Street trade or Chicago
Board of Trade transaction, and that $150 billion a year that will be
yielded should pay the American people back over time.
Sixth, a select congressional committee should be established to hold
hearings, do proper oversight and advise the next President and
Congress on mortgage and financial recovery operations and additional
means to assure any necessary repayment of public investment.
Seven, standards for executives and compensation structure in the
financial services industry should be established. Those outlandish
salaries that they get should be curbed, and all bonuses, stock options
and exceptional compensation for those individuals and their boards of
directors should be discouraged. We should help to pay the bill by
going after some of their assets.
Finally, Madam Speaker, I would like to place this in the Record, and
also include bankruptcy reform as one of the major changes that we need
to make in any measure. These are the steps that would actually result
in market recovery, not just bailing out unknown assets and bad debts
from Wall Street.
Kaptur: Real Reform or Nothing--Financial Reform Must Come First
America needs real financial reform first, not a bailout.
Over the last 20 years, legislation passed by Congress (HR
1278 in 1989, HR 3841 in 1994, and HR 10/S 900 in 1999) has
highly concentrated financial activities on Wall Street--
particularly housing finance--rather than decentralized them.
This bailout is the result of high risk misbehavior by
distant financial giants. They have sucked equity out of
local communities and turned local markets into derivative,
debt-ridden communities rather than independent robust credit
markets with prudent savings and lending practices.
Such reform should restore prudent and transparent banking
practices. Reform of the deregulated financial structure
should start with defining the difference between banks and
investment houses and restoring protection that existed prior
to 1999 when the Glass-Steagall Act was eliminated. Each
should have defined activities and be regulated separately.
Conflicts of interest at bond rating agencies should be
addressed by such agencies becoming public.
Reform and regulation should come first, not later.
Franklin Delano Roosevelt invented the basic framework that
served America well for the last century. Congress should
adapt it to current challenges on a Jeffersonian model, not
the proposed Hamiltonian approach.
main street housing market deflation must be stabilized as step one
Legislation should mandate a moratorium on all home
foreclosures for 120 days. Deflation in the housing market
has triggered this credit crunch. The Federal Reserve must
use its influence through its regionalized structure to bring
parties together to work out affected loans to stabilize
local real estate and housing markets. That is where the real
assets are and where the market must clear and adjust. Before
the Federal Reserve and Treasury, or its consultants, can
foreclose upon any home, it must first certify under criminal
penalty that a workout was attempted with the mortgage. A
workout certification on every home will be required.
Additionally, a 120-day moratorium will drastically reduce
the amount of capital needed. Otherwise, millions more of our
citizens will be foreclosed and financial giants like
Barclay's will pick up local real estate at fire sale prices.
The cowboy banking that accelerated in the last 20 years
concentrated financial power on Wall Street and huge regional
mega-banks. The traditional home loan, backed by savings
deposits, was converted into a bond that was securitized into
international markets. The time tested loan standards of
character, collateral, and collectibility were shelved. They
must be restored. To reform the system, it must be
decentralized, with the community savings and home loan bank
system being reestablished, with an emphasis on increasing
savings deposits, enhanced local mortgage origination and
oversight, as opposed to concentration of activity in Wall
Street investment houses. These local institutions should be
empowered to do workouts and supported through any housing
finance provided. The federal incentives for savings and home
loan institutions, as existed pre-FIRREA, should be restored.
In a letter to Congress the CEO of BB&T states, ``The
primary beneficiaries of the proposed rescue are Goldman
Sachs and Morgan Stanley.'' This is essentially unfair and
improperly focused. Attention must be placed on restoring
value to local housing real estate markets.
a new financial assets management board should be formed to manage
mortgage refinancing and workouts (similar to fdr's home owner loan
corporation)
Board Members: Secretary of Treasury, Federal Reserve
Chairman, Comptroller General of the United States,
Appointees of House Speaker, House Minority Leader, Senate
Majority Leader, and Senate Minority Leader, Appointee from
the States Attorneys General, U.S. Attorney General.
Department of Justice Should Be Authorized to Investigate
Creation of a Special Prosecutor position at the U.S.
Department of Justice with authority and adequate funding to
track down the fraud, misrepresentation of asset value,
insider trading, and related crimes in this scandal.
Funds should be allocated to hire 500 or more attorneys and
accountants and support staff to conduct thorough
investigation, forensic accounting, and prosecution.
Recovery of assets fraudulently or illegally obtained by
individuals, Boards of Directors, and institutions involved
shall be required retroactive to the decade of the 1990s to
the present.
equity to taxpayers must be mandated
If U.S. taxpayers are forced to fund unlimited private
sector bad debt, they must receive an equity share in every
Wall Street financial company proportional to the amount of
bad debt held that is shifted to the government.
Since taxpayers are assuming 100 percent of the risk, they
should be afforded the benefit of any future profits. Those
profits should be placed in a special lock box account for
Social Security. The trustee should be restrained to
investments in AAA state and local bonds.
Taxpayers who have been up-do-date on home mortgage
payments but who will be required to help fund the bailout
should be afforded lower interest rates on their existing
home mortgages to total the amount being borrowed from them.
A .25 percent transaction fee should be charged on every
Wall Street or Chicago Board of Trade transaction and the
funds yielded should be used to pay back the loan for U.S.
taxpayers, this fee will yield about $150 billion annually.
a select congressional committee should be established
A cross-jurisdictional Select Committee of Congress should
be established in both chambers to hold hearings, do proper
oversight, and advise the next Congress and President on
mortgage and financial recovery operations and additional
means to assure any necessary repayment of the public
investment.
standards for executives and compensation structure in the financial
services industry established
Compensation for financial executives at all levels should
be limited to five year rolling average, made public on a
quarterly basis, similar to Securities and Exchange
Commission filings.
Alternatively, compensation for top executives at financial
houses should not exceed the salary of the President of the
United States until such time as the federal government
recovers or receives repayment for any financing that may be
provided.
Anyone who had major responsibility for buying or selling
these junk bonds should be permanently banned from holding
any position in any company dealing with financing of any
sort.
All bonuses, stock options, and exceptional compensation
(present and post for 10 years) for those individuals and
their Boards of Directors should be disgorged. This should be
a responsibility of the Department of Justice's
investigations. Since executives and Boards of Directors were
paid for fraudulent transactions and likely insider trading,
their earnings were assumed under false pretenses.
[[Page 21865]]
New leverage ratios should be devised and incorporated with
this law, probably 10:1, not 30:1.
Anyone or any company involved in leveraging or selling any
sub-par mortgages involved in the bailout should be banned
from employment by Treasury to help in these workouts.
Secretary Paulson and all political appointees in the U.S.
Treasury and the Federal Reserve should be required to renew
their public disclosure statements as circumstances have
changed since their original filings.
All financial institutions and executives that will benefit
from this bailout in any way should be banned from making any
political contributions this election cycle and during the
111th Congress.
Additional Financial System Reporting and Transparency Requirements
Must be Required
The Financial industry, including hedge funds, shall comply
with new regulations involving disclosure, capital
requirements, conflicts of interest, and market manipulation.
All hedge funds must immediately disclose holdings.
Hedge fund profits must be taxed at the sane rate as other
financial corporations, their current rate is 15% on current
income with a capital gains rate of only 5%.
Consumer credit debt must be reported quarterly to assure
Congress has complete information on market conditions that
may impact future solvency.
The source of the bailout money must be explicitly
identified as well as the costs and nature of the financing
agreement. If foreign nations, banks, or sovereign wealth
funds provide monies, and trade or defense concessions are
inherent in the agreement, Congress shall require
certification from Treasury and the Federal Reserve that no
side deals were transacted as a part of the agreement.
A provision should be included that if such side deals of
any kind that may be implied or thought to exist, the United
States is not bound by it.
As part of the legislation, the Secretary of Treasury and
the Federal Reserve Chairman are required to provide a
statement as to how the arrangement will be executed in order
to avoid fueling inflation and rising interest rates.
Bankruptcy Reform
Bankruptcy law should be changed to give bankruptcy judges
the authority to: Reset primary mortgages during personal
bankruptcies; and Release credit card holder from that debt
in personal bankruptcy.
Our nation, our taxpayers, and our communities need real
reform or nothing.
____________________
TRIBUTE TO REX COLE AND CATO CEDILLO
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from California (Mr. Hunter) is recognized for 5 minutes.
Mr. HUNTER. Madam Speaker, as we study the various proposals that are
being circulated right now on the economic crisis, I thought I might
take a break for just a minute from that and talk about a bright spot
in this country and a shining light in this country, and that is two of
the individuals in my community, in San Diego, who provided a wonderful
bright spot for hundreds and hundreds of young people.
The first person I would like to talk about is Rex Cole, who was the
head golf pro and manager at a place called Carlton Oaks Golf Course, a
public golf course in San Diego County, for many years. Rex Cole was
known for the fact that every weekend for almost 40 years, and he is
now at Cottonwood Golf Course in East County, he would give free
lessons to any young person who wanted to come over and be taught the
game of golf.
On those Saturdays and Sundays, you would swing by that practice area
and you would see that great professional, Rex Cole, out there teaching
young people, whether they were 5 years old or 10 or 15, or sometimes
90, teaching them the golf grip and the basic swing and helping them,
and not charging a dime.
Madam Speaker, this is a time when we are looking to heroes for
inspiration. As Ronald Reagan said, you don't always have to look to
great national leaders or military leaders. Heroes are in these
communities all around us, and Rex Cole is one of those heroes. He and
his wife Karen have seven children and 13 grandchildren, but, beyond
that, they have many, many young people who in a very real way have
benefited from Rex Cole's mentorship and from his teaching and from his
being such a solid, wonderful member of our East County community.
The other person I would like to mention is the late Cato Cedillo,
who was my District Administrator in San Diego, California, in that
East County area. I will never forget Cato going out to schools, to
grade schools, and teaching young people how to play golf, and going
out to the football field and hitting a few shots out there, and then
having each young person pledge to him that they would never take
drugs, and then giving each one of them a couple of cut-down golf clubs
that he had gotten from various professionals in the area, sometimes
from Rex Cole, giving them a couple of cut-down golf clubs and letting
them have those clubs and take home a bag of golf balls and start this
wonderful game.
So, Madam Speaker, I thought it might be kind of nice to talk about
two local heroes, two people who gave, and in Rex Cole's case, continue
to give so much of their own time and their own substance to the young
people in our community.
____________________
TRIBUTE TO THE HONORABLE RALPH REGULA, THE HONORABLE DEBORAH PRYCE AND
THE HONORABLE DAVID HOBSON
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Ohio (Mr. LaTourette) is
recognized for 60 minutes as the designee of the minority leader.
Mr. LaTOURETTE. Madam Speaker, tonight we are gathered to pay tribute
to three of our Members from Ohio who are retiring, and we are going to
speak about them in order. But, Madam Speaker, this has been a tough
Congress for the Ohio delegation, the 110th Congress. Last year, our
long time colleague and friend Paul Gillmor passed away suddenly and
unexpectedly, and, of course, just a month and a half ago our good
friend and long time colleague Stephanie Tubbs Jones passed away
unexpectedly as well.
The news gets worse for us as we now arise to talk about three of our
friends who have made the decision to retire: The dean of our
delegation, Ralph Regula; one of our great cardinals when we were in
the majority, Dave Hobson, ``Uncle Dave''; and former judge and the
highest ranking woman in the Republican leadership, Deborah Pryce.
Before we extol more, I guess our new dean from the other side of the
aisle, from Toledo, Marcy Kaptur, has asked to spend a couple of
minutes with us, and I yield to the gentlewoman.
Ms. KAPTUR. I thank the gentleman for yielding, and am very pleased
to join Congressman LaTourette in paying warm, warm appreciation and
thank-you's, gratitude, so many memories, to our beautiful colleagues
Ralph Regula and Deborah Pryce, and I don't know whether Dave Hobson
would want me to call him beautiful or not, but I guess I can. He has a
beautiful soul.
These are moments that are very hard, because all those years come
crowding in on you. For each one of these wonderful, wonderful Members
I will at the right time this evening share some personal
recollections.
With their eventual departure from here, Ohio will lose over 50 years
of seniority. That is a staggering figure. And it isn't just the years,
it is the friendships, the experience, the respect with which each of
them is held, and the wonderful give-and-take that comes from getting
to know Members well across the aisle.
I thank each of them on behalf of the people of our State for the
major portion of their lives that they have given to this institution
and for every single success that they have had legislatively here,
that has helped build a better America and a better Ohio, and I thank
them for their personal integrity throughout, carrying that torch
forward for our great Buckeye State.
There are many others that wish to speak, and I will reserve at this
time, but I just want to say I thank Ralph for your friendship. I thank
Mary for hers, for all we have worked on together, including the First
Ladies' Library, for all of the park systems all over this country, all
of our great work
[[Page 21866]]
on Appropriations. Those are memories that I will always have.
To Deborah Pryce, one of the few women from the Ohio delegation
actually, all the years we have spent here together, and her kindness
and her strength under leadership pressures here, as well as family
pressures. She was strong and a survivor, and really a role model for
us all.
And certainly to Dave Hobson, who has this uncanny habit of just
being able to weave in and out down all these aisles in this place, and
he always seems to know where you are, he finds you in the back in the
cloakroom or wherever, and all of our great work on Appropriations
together, and his desire to reach across the aisle and to work with us,
whether it was defense, whether it was energy, whether it was
education, health care.
We are really going to miss you all, each of you. I just thank you
for being a friend to me while I have been able to serve here. And I
thank Congressman LaTourette for giving me a moment here to place a few
words on the Record. I shall remain throughout this hour. Thank you.
Mr. LaTOURETTE. I thank the gentlewoman, reclaiming our time. And as
I introduce the other Ohio Members and others from perhaps around the
country to speak about our honorees, I am going to say a couple of
things about each of them before I hand it off to our colleagues.
First is the dean of our delegation, Ralph Regula from Navarre, Ohio.
I know his wife, Mary, is with us this evening and watching on in
earnest. And if you ever saw a partnership, there is a partnership,
Ralph and Mary Regula. Of course, Mary is a star in her own right
because of her work at the First Ladies' Library and all that she has
done.
Just two quick things about Congressman Regula. When I was trying to
figure out whether I wanted to run for Congress in 1994, I came to
visit Congressman Regula. And if you have been to his office, it is on
the third floor of the Rayburn Office Building, and it looks like the
Capitol is actually in his office when you look out his window. I think
the Congressman saw me sort of admiring the view, and he said, ``Well,
don't get too excited. It is going to take you about 30 years to get a
view like this.''
The second thing that is often forgotten now that we are in the 110th
Congress, when Congressman Regula was in charge of Interior, he was the
cardinal on the Interior Appropriations Subcommittee, there was a
furious assault by very conservative Republicans elected in 1994
against the Corporation for Public Broadcasting, Humanities and the
Arts, and Congressman Regula was really put under the gun and told
that, look, you have got to defund the Corporation for Public
Broadcasting. No more NPR, no more National Endowment for the Arts, no
more National Endowment For the Humanities.
Congressman Regula was true, Ralph was true to his Republican
provisions, but I would dare say that there wouldn't be public funding
for those entities today if Ralph Regula hadn't stood up as a stalwart
in 1995, 1996, 1997 and 1998. So anybody listening this evening that
enjoys Public Broadcasting and thinks that it has a place in our
American experience, I think needs to thank Congressman Regula.
I will talk more about Hobson and Pryce in a minute, but it is my
pleasure to yield to my friend from Columbus, Mr. Tiberi.
Mr. TIBERI. Madam Speaker, it is with bittersweet sadness that we are
here today. We thought that earlier this year this would be awhile
before it came, but it is here before we know it. And it is not really
an overstatement to say that these three individuals that we are
honoring tonight have dedicated their lives to public service and
serving our communities and serving our great State of Ohio, and
certainly our country, spending so many years on the ground, in fact 70
years of service to this United States House of Representatives alone.
Ralph Regula, who served in our military, who served in the Ohio
House and the Ohio Senate before being elected to this body in 1972, I
will never forget his service to the Appropriations Committee and all
the fine work he did for so many people across our State and across our
Nation and across the spectrum of labor, health, human services and
education, and his work in Interior.
And Dave Hobson, ``Uncle Dave'' as we affectionately call him, for
his years of service to our country, as well to our military and the
Ohio Senate before coming to the United States House of
Representatives. His work with respect to our military men and women is
unparalleled, an advocate, the best advocate for the young men and
women in uniform here in the United States and those serving abroad and
his work on the appropriations committees to help them and help so many
others across our State as well.
And Deborah, who served as a judge before coming to the United States
House of Representatives, and her work in our leadership for so many
years and guiding our party. Her work on children's issues and cancer
research, again, has been unmatched and will be missed. But I know all
three will continue serving in so many other different ways.
{time} 2015
I will miss Deborah and Dave on the plane ride to and from Columbus
every week, all three have been amazing friends. They have been more
than just friends. They have been teachers, they have been mentors,
they have been everything you could ask a colleague to be or more. They
have represented the best of what this body inspires us to do. They
have represented our State and our country in great ways.
Thank you all for your guidance, your wisdom, your service and your
friendship. You set a standard to which those of us who follow hope to
someday achieve.
Mr. LaTOURETTE. I thank the gentleman very much. Do you want to say
somebody else before we go to somebody else?
Ms. KAPTUR. I thank the gentleman very much for yielding.
In order of seniority, I would like to say to the dean of the
delegation, Ralph Regula, there are many memories, perhaps not
legislative, that I take with me relating to your service. One is your
discussions about your red truck, and you were so happy when you bought
it.
Of course, Congressman Regula, being a farmer and I suppose some
would say an Ohio rancher, you know, men really never grow up. He loved
that little truck. He drove it in the garage downstairs. It was always
shiny. He was really proud of it. He used to drive it back to Ohio.
I remember one time I came down the hallway in the Rayburn Building,
and he was kind of coming out of his office. I said, Ralph, what's
wrong, and he had been kicked by a cow over the weekend. I guess he was
kind of repairing himself there. I thought, well, that's the first
Member I have met who was kicked by a cow.
I remember when I first arrived, you and your lovely wife Mary were
friends with Doug and Betty Applegate. That's when I first got to
Congress. That was a great moment.
We used to have those fashion shows wearing U.S.-made clothing which
has become almost nonexistent, which is another story. But there were
annual fashion shows, and Mary and Ralph and Betty and Doug would
welcome us into that. It was really great to do that and to begin to
focus attention in America on the issue of trade and jobs, which has
become so much of the challenge that we face today.
I can remember, in our committee, Ralph holding the gavel of his
subcommittee and being asked by the Chairs, and then when he was Chair
himself, calling for the committee to adjourn after various votes had
been taken and the high regard, right up at the top. I mean, he moved
all the way up from the last seat all the way up to the first seat on
that dais, and I always see them there.
I think from Mary I will remember Mary in Canton with the Mary Todd
Lincoln gown and hat. I think I will always remember what a great,
great moment that was, what a great gift to America you have given just
in that
[[Page 21867]]
one, in that one place of such historical significance that we will
keep building forward.
For Deborah Pryce, I will say I shall always remember her as the, I
believe, first woman Chair of her caucus, and very few women. I think
when Deborah got here, there couldn't have been over 30 women in the
House, maybe, it wasn't very much.
So for her to ascend and to plow a path for her daughter, and for the
women of the future, was just so wonderful, and to be able to share
that moment and to watch that happen, and the great pressure that is
placed on someone in that position, and how she handled it so ably and
always with great dispatch.
I remember her as a new mother and trying to handle motherhood as
well as that enormous responsibility, and she did it, her great
dedication to cancer research, pediatric cancer research and the
contribution she made for all children in this country, and to find
better answers in that terribly, terribly important area of health
care. Also, our participation in a prayer group here in the Capitol,
and the friendships and the camaraderie that came from that, those are
moments that you never, never forget.
For Dave Hobson, obviously, you know, he loves this place, he loves
being a lawmaker. I don't know what he is going to do after this. But,
energy and water, that was his thing. He traveled all over the country,
all over the world. He knew every general in the Army Corps of
Engineers, I think, by first name, and loved helping build things for
America.
When I think of armored Humvees, I will always think of Dave Hobson.
I don't know if any other American will, but I will always associate
armored Humvees and up-armored Humvees with Dave. His dedication to
nuclear power, safe nuclear power, no one could have tried harder,
studied that issue harder and made a difference than Dave Hobson.
He has that certain sparkle in his eye that former Representative and
Speaker pro tempore, Barney Coulter, would identify with very, very
much and for the great work that Dave contributed, not just here, but
in our State legislature, to help building the Medical College of Ohio
at Toledo. Our people will always be eternally grateful.
So to each of them from our side of the aisle, we extend deepest,
deepest gratitude, and Godspeed in the years ahead. May you be given
good health. May you have more time to spend with your families, and
may there be less pressure and more joy in the days ahead. It has been
a real privilege to serve with each of you.
Mr. LaTOURETTE. I thank the gentlelady, the new dean of our
delegation or soon to be dean of our delegation from the Democratic
side for those reflections and thoughts. Before I yield to our next
Ohioan, Jean Schmidt, from southern Ohio, I want to talk a little bit
about Dave Hobson.
I think it's appropriate that Ms. Kaptur talked about she doesn't
know what Representative Hobson is going to do. A lot of us have been
getting phone calls from his wife, Caroline, saying please find
something for him to do so that she doesn't have to spend so much time
with him.
Most of us in the delegation call him Uncle Dave. Again, going back
to 1995, aside from all of the other things that Congressman Hobson had
to do, Newt Gingrich was the Speaker at the time in the 104th Congress.
He assigned Congressman Hobson to babysit John Kacich, who was the
Budget Committee chairman at the time, just to make sure that
Congressman Kacich, who has a tendency to be a little exuberant,
controlled that exuberance.
This Congress, this historic Congress that has the first woman as
Speaker of the House, Ms. Pelosi of California, who sort of ribbed
Congressman Hobson about the fact that every time the Speaker of the
House goes on a trip, she needs a Republican, obviously, for it to be
bipartisan. For some reason it is always Congressman Hobson.
I think that it's appropriate that Ms. Kaptur talked about
infrastructure. Because even though Dave is from Springfield, Ohio, and
that's his district, down around the Dayton area and his loves are
Wright-Patterson Air Force Base, so many things, he, like Ralph Regula
when they were cardinals, took care of all of Ohio.
If you had a problem, if you had a concern, if you had a need, he
didn't say I am going to take care of me first. He said I am going to
take care of Ohio and the country first and many of the things that are
being built. Just in my district, the Ashtabula River and harbor, he
helped to secure $53 million to help clean up contaminated sediments.
That never would have happened without Congressman Hobson.
It's now my pleasure to yield to my good friend and colleague from
Ohio, Jean Schmidt.
Mrs. SCHMIDT. Madam Speaker, I rise today to pay tribute to three
retiring Members from Ohio, my friends, Ralph Regula, Dave Hobson and
Debbie Pryce. The entire State of Ohio owes these three a huge debt of
gratitude for their hard work on our behalf and the dedication to their
constituents. But, particularly, I owe each of these colleagues a
special debt for the help they have given me in the 3 years that I have
been here.
Ralph Regula, the dean of our delegation, as a group, we will miss
your steady hand at the wheel. Over his 18 terms in the House, there is
not much that Ralph Regula has not seen. His experience and his advice
have been invaluable, and I appreciate all that he has done for me.
Dave Hobson, rightfully called Uncle Dave, because he is everyone's
uncle in this House, has also been a special mentor to me. His Seventh
District is very close to the eastern part of my district and shares
many of the same struggles and values. Uncle Dave has been a great
source of wisdom and advice in steering me towards the best course of
action for dealing with the issues that face the folks I represent. I
have appreciated having his counsel and, most importantly, his wisdom
and his humor.
Last but not least, Debbie Pryce, my friend. Few in this body can
relate to what the challenges that any woman, Republican or Democrat
faces, when they enter Congress. When I first got elected, Debbie took
me to lunch in Columbus, and we sat down for almost a 3-hour lunch. She
addressed my concerns and made me feel like I had a friend, not just
here, but forever. I am going to continue that friendship with Debbie
because she is a remarkable woman.
Ohio is a better place for these fine Members, and our State will
miss them. After they have ridden off into the sunset to embark on new
and undoubtedly successful endeavors, I know that they will be leaving
a great legacy behind. God bless them for all they have done for this
body, Ohio and the United States of America.
Mr. LaTOURETTE. I thank the gentlelady very much.
Our next speaker is another Ohioan, who is new to us. Before I
introduce him, as promised, I want to say a couple of things about
Deborah Pryce. As a couple of us have indicated in this Congress, I
indicated it was historic because Ms. Pelosi is the first Speaker of
the House. Deborah Pryce became another ceiling breaker when she became
the chairman of the Republican conference.
You may remember that it wasn't a good year, a couple of years, 2005,
2006, for the Republican party, but somebody who was always cheerful,
who was always helping Members with whatever their difficulties were,
whoever was crafting messages and making sure that as we left
Washington to return to our districts we had the tools necessary to do
our jobs and communicate what it is we are doing, Deborah Pryce, in
fact, did that. I am particularly fond of her because her prior life,
she served as a judge, and my prior life was as a prosecuting attorney.
She always brought that skill.
We serve on the Financial Services Committee together and, in the
crisis that this country is now facing today, with the crisis of
confidence on Wall Street, and the work that we have to do, Deborah
Pryce as ranking member is a leader. She will continue to be a leader
as she, in fact, exits the Congress.
Jean Schmidt made the observations about the challenges of being a
woman
[[Page 21868]]
in the United States Congress. Aside from that, on a personal level, I
think the time that Representative Pryce has served in the Congress
have had incredibly high highs, and incredibly low lows. Through all of
that, she has always performed her job as a professional, one, and,
two, whenever possible, with a smile on her face. If you really want to
see a smile on her face, the day that I remember her smile being the
widest was the day she brought her daughter, Mia, to the Financial
Services Committee. I think Mia actually voted a couple of times on
some matters.
My only complaint about Representative Pryce is a couple of years ago
there was a fundraiser that she and Representative Tiberi had for me
down in Columbus, for which we are all grateful for when our friends
help us. Pat got up and gave this really long-winded introduction and
made me sound better than I was. Deborah stood up and said, well, Steve
LaTourette is here, he is a little different, he is a little weird, but
please welcome him. Even though her observations were correct, it
wasn't the warmest introduction that I can recall receiving.
It's now my pleasure to yield 3 minutes to one of our new friends,
Bob Latta from Ohio.
{time} 2030
Mr. LATTA. Well, thank you very much for yielding.
I appreciate that from my friend from northeastern Ohio. As
mentioned, I am the newest or, I can say, the least senior or the most
junior--I'm not sure which is the best term for me--but I am truly
humbled to be here with you this evening and to be part of this great
delegation because the Ohio delegation has always been one of those
great delegations, I believe, in this United States House of
Representatives, and it has always been really like a family, an
extended family, for all of the Members who are within it. I know it
has to be a tough decision for you all to make to leave this body.
I know my dad served here for 30 years, and I know, when he left
here, it was a tough decision, but it's a decision you have to make at
some point in time. When you look at the experience that has already
been mentioned with Congressman Regula, with Congressman Hobson and
with Congresswoman Pryce, who have 18, 9 and 8 terms that they've
served here, that's 70 years of experience; that's 70 years of
knowledge; that's 70 years of experience not only on this floor but
also on those committees. That's going to be hard to make up because,
as people come and as people go, there are so many folks who look to
those Members who have served here for a good number of years for that
experience, for what they need to know when they come onto these
committees or when they come onto the floor.
One of the things that has already been said is that they have all
served this House well with great distinction, and I think that one of
the things, again, that has been mentioned is that they've all been
great public servants.
As to one of the things my dad taught me, because he had had 36 years
of public experience, he said that you always want to remember that you
want to be a public servant and never a politician. I think that each
of these three individuals whom we honor here tonight have been great
public servants.
What is the difference between a public servant and a politician? It
is very, very simple, and it was explained to me. Public servants see
how much they can give of themselves to the people they represent while
politicians see how much they can take from the people they represent
for their own benefit.
Again, I think the people we have here before us this evening all
epitomize that one great fact, that they've all been great public
servants. They've worked hard. They've served their districts. They've
gone home. You know, they make sure that their people back home are
being taken care of, but at the same time, they recognize the duty they
have to this great Nation that we all serve.
As I mentioned, it's truly a tough thing to see these folks go. I
know that I first met Congressman Regula many, many years ago because
his office is right around the corner from where my dad's was up on the
third floor there of the Rayburn. You know, Dad's office was there at
2309, and I always thought he had quite an impressive office. I know
when I was in to see Congressman Regula when I was running, I looked
out there, and I knew it would be a long time coming before I'd get a
view like that.
I'm truly blessed and privileged to be here with them tonight. This
House has been made a much better place by you three serving here.
You've blessed your constituents, and you have a Nation that's very
grateful for all of the hard work that you've done. I just want to say
thank you very much for your service.
Mr. LaTOURETTE. I thank the gentleman very much.
Now, Madam Speaker, we're going to hear from our three retiring
Members in order of seniority. The first, as I indicated, is Ralph
Regula, the dean of our delegation. I don't know what we're going to do
without Ralph around here.
As he comes to the microphone, I will just tell you that, when I,
again, was elected in 1994 and I thought I'm a lawyer and that I was a
prosecutor and that I'd like to be on the Judiciary Committee, Ralph
put his arm around me and said, ``Son, you're going to the
transportation committee.'' It was the smartest decision I ever made
because I saw that the Judiciary Committee had the impeachment of
President Clinton and all of this nonsense. The transportation
committee is a bipartisan committee, as the Speaker knows, and to build
America is not a bad thing.
It is now my pleasure, as we begin the final 15 minutes allotted to
us, to yield to the dean of our delegation, Ralph Regula.
Mr. REGULA. I thank you, Mr. Chairman, for this tonight. You'll have
to admit that I have one gift, and that is that I recognize talent.
That has turned out to be one of the better decisions I made when I got
Steve LaTourette on Transportation.
Madam Speaker, the Ohio delegation and this body will be losing two
outstanding Members at the end of this Congress--David Hobson and
Deborah Pryce. Both Members have been tireless servants on behalf of
the people in their districts in our State. I'd like to take this
opportunity to share some of the legacies they leave behind.
Dave was elected in 1991 to represent Ohio's Seventh Congressional
District. He was appointed to the Ethics Committee as a freshman
lawmaker, and it's obvious that the leader saw an element of fairness
in the makeup of this gentleman and gave him what was, I think, a very
tough assignment. I was pleased, again speaking of recognizing talent,
to help Dave secure a position on the Appropriations Committee during
his second term.
Speaker Gingrich made Hobson his personal appointee to the Budget
Committee in the 104th and in the 105th Congress. In that role, Dave
served as a member of the House leadership and as a conduit between the
Speaker and Ohio Republican John Kasich. Knowing these two
personalities, that was a challenge. John Kasich was chairman of the
Budget Committee and, as he would say, the architect of the Balanced
Budget Act of 1997.
As chairman of military construction within Appropriations, Dave led
the efforts to provide troops and their families with safe, clean and
modern facilities both here and overseas through housing privatization.
When you have to depend on a volunteer Army, it becomes very important
to have good housing because this affects the decision of members as to
whether they will re-up in the military. Of course, their spouses, who
are impacted by the housing, always have a great word in as to whether
or not that happens. So Dave made a real contribution to a volunteer
military force by taking care of the housing problems.
Dave became chairman of the Energy and Water Development, and Related
Agencies Appropriations Subcommittee where he worked with the
[[Page 21869]]
U.S. Corps of Engineers to develop a long-term approach--and we don't
have enough long-term approaches in this body when it comes to
management. He kept the corps from entering into costly, open-ended
contracts, but made sure that it had the funding necessary to complete
high-priority infrastructure projects.
Through his subcommittee, he also helped to bring a post-Cold War
approach to the Department of Energy's management of the nuclear
weapons complex. An example of this new focus was eliminating funding
for the ``bunker buster,'' also known as the Robust Nuclear Earth
Penetrator, a fancy name for a bunker buster. Dave stopped it, and it
would have been a waste of money.
Congressman Hobson used his experience as a small businessman to work
with the communities in Ohio's Seventh District to promote economic
growth and job creation. Part of his efforts included bringing leaders
from both the public and private sectors to help attract new
businesses. Dave has a very good skill in bringing people together,
which is important when handling the military and which is also
important when handling the leaders of his community.
With four military bases in his district--Wright-Pat, Defense Supply
Center Columbus, Springfield Air National Guard, and Rickenbacker
International Airport--he worked tirelessly with community leaders and
base officials to support the missions of each of these bases. It
included his work to protect Ohio's military bases from the impact of
the BRAC round of base closures.
Continuing to work, he began as chairman of the Ohio Senate Health
Committee. He worked in Congress to preserve the basic values of
American health care, including access, security, affordability,
choice, and fairness. I think as one that parents would especially
appreciate, he supported legislation to ensure fair access to
immunizations for low-income children and to help small business owners
and farmers secure better prices on health insurance premiums. I think
this illustrates that Dave was a Member with a heart, with a caring for
people, and that's so important in this job. He worked to modernize the
Medicare program by adding the prescription drug benefit.
In all of his efforts, both here and in the State, he has a
reputation for working in a bipartisan way. I think this is reflected
in the fact that he was very successful in all that he did. I can say a
lot more about Dave, but again, I think one of the good decisions I
made as a member of the steering committee was to get both Steve on
Transportation and Dave on Appropriations. The public of this Nation is
better served.
Next is Congresswoman Deborah Pryce. She was elected in 1993 to
represent Ohio's 15th Congressional District. Throughout her
distinguished career in the House, Deborah has worked tirelessly in
support of improving access to health care, especially for children,
and I know the parents across this Nation are in her debt for all that
she has done in working on children's health issues.
She authored the Caroline Pryce Walker Conquer Childhood Cancer Act
of 2008 and the Patient Navigator Outreach and Chronic Disease
Prevention Act--two very important legislative enactments to help with
children and to help with health care generally. I know that she has
been a strong supporter of Children's Hospital in Columbus, Ohio, one
of the leading children's hospitals in the Nation. In fact, I visited
there once, and they were bringing in children from all over the
country to benefit from Children's Hospital, and they didn't know that
they were in the debt of Deborah Pryce for making that facility be
there and be the strong leader it is in children's health issues.
She was also a strong supporter of GME, Graduate Medical Education
programs for pediatricians. Again, it is so vitally important because
pediatricians, I think, are a very essential component of the health
care program because they deal with the early years of a child's life,
and Deborah was a leader in that effort.
She was appointed by the Speaker to the House Rules Committee where
she served from 1995 to 2004 and as chairman of its Subcommittee on
Legislative and Budget Process. Then she was appointed to the House
Select Committee on Homeland Security and to the Republican leadership
health care working group on managed care reform. Deborah has always
been a leader in health care, and I think that is such an important
responsibility of the Congress.
She served as a member of the Committee on Financial Services. The
committee, of course, is in the hot seat right now. Deborah is not
there, but I think it illustrates the importance of this committee and
that she served it so well in both 1993 and 1994 to 2005. She served on
the Subcommittee on Domestic and International Monetary Policy, Trade,
and Technology, and she is currently the ranking Republican member on
the Subcommittee on Capital Markets, Insurance, and Government
Sponsored Enterprises.
She was the cofounder and cochair of the House Cancer Caucus where
she has been an active leader in educating others on this terrible
disease. Further, Deborah coordinated House Republican strategy and
served as its chief House spokesperson on the landmark tobacco
settlement among 40 States and tobacco companies. What a challenge. I
think a bailout seems simple after that.
As Ohioans, we are extremely proud that Deborah became the highest
ranking woman in the House Republican leadership when she chaired the
House Republican Conference from 2002 to 2006. This required a lot of
diplomacy, and she gave that program the type of leadership that made
her very successful in that role. She was the fourth ranking elected
leader in the House of Representatives. She has had other leadership
positions, including as vice chairman of the House Republican
Conference, as secretary of the House Republican Conference, and as
deputy whip from 1996 to the present.
Madam Speaker, the Nation has received outstanding service from these
two great Members from Ohio. We will miss them. We extend our
appreciation for their work on behalf of the people of Ohio and on
behalf of the country. We wish them and their families health and
happiness in the future.
I just want to say on a personal note that it has been a real joy to
serve with Dave Hobson and Deborah Pryce. They're the kind of
individuals who make service in this Congress something that we can all
point to with pride and with the joy of fellowship in working with them
and in helping provide leadership under their guidance for the many
programs that benefit the people of this great Nation. Thank you.
{time} 2045
Mr. LaTOURETTE. Madam Speaker, I thank the Dean of our delegation.
And after that set of remarks, you know why this will be a hole in our
delegation and for the country that we're not going to be able to
replace.
Our next retiring Member has been described in a lot of different
ways already, but there isn't an energy and or a water project across
the country that doesn't have Dave Hobson's imprint on it. Never his
name, because that wasn't what he was about. He was about making sure
that we had the best infrastructure in the country when it came to
energy and water.
And Congressman Regula again spoke of the fact that Newt Gingrich put
Uncle Dave in charge of watching John Kasich, and I reflected on why
that was. And I think it's because Congressman Hobson never gets upset;
he's always placid. He's always calm. He never raises his voice. And
what better influence could we have in dealing with Chairman Kasich.
It's now my pleasure to yield to Congressman Hobson.
Mr. HOBSON. I want to pay tribute to my colleagues and my friends,
Ralph Regula and Deborah Pryce.
To be honest, it's a little surreal standing here doing this because
I'm joining them in retirement at the end of this term, but I'd like to
take a few moments to talk about both of them.
Ralph and Mary showed up in Urbana, Ohio when I was running for
Congress. And I pulled up in my pickup truck. I had one too. It was
burgundy,
[[Page 21870]]
it wasn't red. That was my campaign color. With a big sign, Hobson for
Congress.
And Ralph's walking down the street, and I never met Ralph or Mary
before. And Ralph says, I've been reading about you; and I think we're
going to get along just fine. And he was right. We did.
And I came to Congress and I got elected. And I came down here and
John Boehner wanted to be on the Ag Committee, and I wanted to be on
the Ag Committee. And we got in a little tussle about that. And Ralph
says, hey, if he wants it that bad, let him have it. You could never do
enough for them, and you can never get off the committee. And by the
way, there's a transportation bill coming up this year and he said, I
think I can get you on that Transportation Committee. And you're going
to get a lot of stuff for Ohio. And I did. I got everything that the
Governor asked for. And I got a bike trail I didn't really want in the
beginning, but Mr. Oberstar liked bike trails, and I showed up for him
on some meetings, and suddenly I got almost as much money for bike
trails as I did for highways. And I really wanted the highways, but the
bike trails turned out to be a great thing.
Then Ralph came to me later on. And this is the way Ralph is, and
this why our delegation over the years has been such a good delegation,
because when he went into the Committee on Committees, he worked to
place us all around within the committees so that Ohio had a voice when
legislation was being done, whether it be on the authorizing committee
or the Appropriations Committee. Ralph had us covered so that our State
benefited and our people grew on those committees to points where, at
one time, I don't know how many committee chairman we had when we were
in the majority, but we had quite a number and we had the
Appropriations Committee covered. We were the only State that had two
cardinals when we were on the Appropriations Committee when we were in
the majority. That was due to Ralph because Ralph came to me and he
said, would you like to be on the Appropriations Committee? I didn't
ask him. He came to me and he said, would you like to do this? And he
was sharing, and that's the way Ralph Regula was. He shared. Ralph
Regula shared the whole time he was here, and even today, about what
we're all about, of doing good for this country.
He's been a mentor to all of us in the delegation. He's been a great
friend to Ohio, and he's done a lot of really neat things for Ohio and
the country.
One of the things we've both done together and it's actually, some
money was put in, most of you didn't see it, but it got in there in the
CR to take care of the Everglades, because Ralph Regula is probably the
father of most of the restoration in the Everglades. And I've helped
him do that when I became chairman of energy and water. And the
Everglades we have looked at is not a treasure for Florida, or not even
a national treasure, it's an international treasure, and we've saved it
for our grandchildren and their children if we could get the things
done that we need to do.
He's also worked very hard for things, not just in his district that
he felt were good for Ohio, such as the Cleveland Clinic, NASA Glenn,
the Cuyahoga Valley National Park. He's done great things with the
parks all over the country. He's done great things with research,
education. He's just been an outstanding Member for many, many years of
this Congress. I consider he and Mary true dear friends.
Mary is also very giving. You've heard the good work she's done. But
also she was a mentor to my wife when we came. She got my wife into the
chairs to become head of the congressional club, all the spouse groups
of both the House and the Senate. She got my wife into the chairs, and
my wife became president of that, just as Mary had done many years
before. Didn't have to do that, but it was their way of sharing and
caring for people from Ohio. And we both, my wife Carolyn and myself
really appreciate their friendship over the years.
Something that Ralph and Deborah and myself have all worked on
together is this GME for children's hospitals across the country. Our
delegation, when John was here, John became a convert to that, Kasich
when he was here because he had a personal situation in his family, and
we all worked on that. We all worked on a number of hospital issues.
And going back to Ralph, I can remember once when I was in the
Speaker's office, I was working on durable medical equipment, and the
Speaker finally said to me, shut up, Hobson. You got a billion dollars.
Shut up. Get it down. And Ralph said, Dave, you'd better be quiet and
we'd better move on. So we did move on.
But Deborah, Pat and myself have represented Central Ohio, and
Deborah's made a real difference for Central Ohio. And we've all worked
together on a number of projects for the community. The Rickenbacker
International Intermodal facility is going to create 20,000 new jobs
over the next 2 decades. That wouldn't have been done without Deborah's
hard work with all of us to try to get this done.
The VA clinic in Central Ohio, again a product that we've all three
worked on. We had hearings in Columbus on the VA Clinic. All of our
districts were impacted by it. Fortunately, it turned out to be in my
district, but we all worked to make sure that's a reality for the
veterans of Central Ohio, so that they can get health care in a better
situation in their local community.
We worked on the Defense Supply Center during the BRAC, which most of
the people, it's in my district, but most of the people live in Pat and
Deborah's district. And again, we worked as a unit, the three of us
worked together. We were partners in this. When she ran for leadership,
we were partners to help her get into leadership and be the highest
ranking female ever in the Republican delegation, and frankly, in this
Congress, until Speaker Pelosi was elected. And that's a real tribute
to Deborah and her leadership, but also to our delegation, who all
worked together to make sure that Deborah got there.
And another place she's been just a tireless advocate on behalf of
the Ohio State University and Columbus Children's Hospital. We have
great programs in both places that are attributed to Deborah and her
hard work. At Children's Hospital in Columbus there's a number of
programs there. We just did an autism program that will be great for
children with autism, which is afflicting so many young children in our
region, and it's going to be working with the Children's Hospital in
Columbus, and also with Wright Patterson Air Force base and Children's
Hospital in Dayton. And I've had a number of people call and thank
Deborah and us for putting this together.
And Ohio State, she's been the premier leader for all the stuff
that's happened at Ohio State University, which is her alma mater. And
she's been tireless in fighting for better quality education, but also
in getting the facilities and the programs there to make sure that Ohio
State is a premier, leading institution in our region. And frankly, it
has moved up, under her tenure, to be, moved up dramatically in the
research that it does for this country while Deborah has been
representing that facility.
And that's even true that Pat Tiberi played the trumpet. But you must
have played the whole band because we got a lot more stuff there since
you've been here working on this.
I think probably in addition to her leadership here of our caucus and
working on the health care things that she's done, there's a bill that
passed that I think is probably the crowning glory she might share with
you of her being here and that was the bill that was named for her
daughter, Caroline, and one that dramatically increases funding for
pediatric cancer research, and it was signed into law this year. That's
a lasting tribute and it's making a great difference in the lives of so
many families touched by pediatric cancer.
These are two great Members that I've had the privilege of serving
with here.
In closing, I'd like to say I've really enjoyed serving with them,
but I've really enjoyed serving in Congress. It's
[[Page 21871]]
been an honor for all of us, I'm sure, to have been here to work with
our colleagues. And I know when you look on TV you say oh, you watch
this floor sometimes and you say, all they do is bicker amongst
themselves. Well, you see it here, but you don't see the great work
that goes on behind the scenes where Members get together and work
together, talk together and get the country's work done. And I think
it's unfortunate that the public doesn't understand the great
friendships that are here across the aisle and within delegations as we
do our work in furthering the work of this country on behalf of all the
citizens of this country.
So I knew it was time for me to leave. I didn't know Ralph or
Deborah, where they were going to be at the point, but I made up my
decision. We each made up our own decisions. And I knew that it was
time to move on. But I've got to tell you, it's been a pleasure to work
with everyone in this Congress, and especially our delegation, both
Democrats and Republicans. We have not had the rancor between Democrats
and Republicans.
And I'm really saddened tonight when we do this, not for us, but
there's two people who are not here that were dear friends of mine,
Paul Gillmor. I wouldn't be here if Paul Gillmor hadn't gotten me
appointed to the State Senate. And Stephanie Tubbs Jones became one of
my best friends. We traveled all over the world looking at military
bases together. And she would, if I flew to Cleveland to see my
daughter and we were on the same plane, I didn't have a car there, she
would drive me to my daughter's house and take me there, and we became
true friends. I took she and her husband on their 25th wedding
anniversary. She wanted to go on a codel, and I said I'll give you the
best party that you can ever have if you'll go on this trip and get
Mervyn to go with us. And those were the days when you could do that.
We had a great party for them. And she was a wonderful Member of this
Congress.
You know, maybe there were some things in the political realm that we
all disagreed with. But as people, we all cared about each other, and
that's what's important.
So thank you for your service tonight, all of us together, and thank
you, Steve, for giving me the time to speak.
Madam Speaker, I rise today to pay tribute to a fellow Ohioan and a
great American, Congressman Ralph Regula of Ohio. Ralph was elected to
represent the 16th Congressional District in 1972 and has served in
this body since he was first sworn in as a Member in January 1973. He
is the longest serving Member of Congress from Ohio in our State's
history with unbroken service totaling 36 years, and he will be
retiring at the conclusion of this session.
In his second term, Ralph was appointed to the House Appropriations
Committee, an unusual act at that time, as Members had historically
served multiple terms before being appointed to the prestigious
committee. Over the course of more than three decades of service on the
committee, Congressman Regula has made his mark in many areas, and I
would like to highlight some of them this evening.
First, after having served on the Interior Appropriations
Subcommittee since 1975, Ralph became its Chairman in 1995 and served
in that capacity for 6 years. As chairman his accomplishments are too
many to mention here, but I want to address a few of the groundbreaking
changes he made that will have lasting benefits well into the future.
Chairman Regula focused on making critical changes to ensure that the
most important issues and problems were addressed by the agencies in
the Interior bill. Much of what he accomplished didn't make headlines.
He insisted on an emphasis on ``taking care of what we have,'' and made
tremendous strides in reducing the backlog of maintenance projects on
Federal lands, in Indian schools and hospitals and in cultural
institutions like the Smithsonian Institution.
He instituted a pilot recreation fee program whereby the National
Parks, Wildlife Refuges, Forests and Bureau of Land Management charged
users of those resources modest fees. The fees were then available for
making necessary improvements for the benefit of the visitors to those
lands. This concept of recreation fees had many naysayers, but Ralph
persisted and worked for years to show the merits of the program. He
was right, and as of today, nearly $2 billion has been paid in
recreation fees, and those fees have resulted in tremendous
improvements in visitor services in our National Parks, Forests and
other Federal lands.
He was a critical leader on the cleanup of the Everglades in Florida.
He insisted that restoration of natural resources should be the primary
focus of the program and that the Department of the Interior have a
seat at the table to ensure that decisions on water distribution and
development were not made separately from, and without consideration
of, natural resource restoration needs.
As Chairman of the Interior Subcommittee, he identified management
shortfalls in the agencies under the subcommittee's jurisdiction and
helped agencies help themselves by addressing management improvements.
For example, he oversaw the complete overhaul of the National Park
Service construction program. The program lacked a national priority
setting process, and its list of construction needs included many
projects that were unrelated to construction projects. Chairman Regula
made sure that the entire program was changed to incorporate meaningful
measurement criteria for identifying and prioritizing projects and that
the management structure was streamlined to ensure that the emphasis
was on getting the job done rather than designing grand concepts to
justify a bloated bureaucracy.
Congressman Regula has had a tremendous impact on energy research and
development. He fought for a balanced national energy strategy. He
focused limited Federal funds on improving the efficiency and
cleanliness of fossil fuels at the same time as we pursued renewable
and alternative energy sources. He conducted extensive oversight on
what we had gotten for the billions of dollars invested in energy
research since the establishment of the Department of Energy. He
continued and expanded critical research on natural gas infrastructure
improvements, oil field productivity improvements, developing fuel
cells for electric power generation and transportation applications,
and decreasing emissions from coal-fired power plants. He recognized
that Federal energy research only works when we have a joint
government/industry effort and that most major energy breakthroughs
have come from industrial research efforts and from small entrepreneurs
in the private sector.
Ralph, a farmer himself, was the moving force behind the
establishment of the Children's Farm at the National Zoo. He worked
tirelessly for several years to bring this exhibit to fruition. It
provides a ``hands on'' experience for young children to see what life
on a dairy farm is like and has become one of the most popular exhibits
at the zoo.
Congressman Regula continuously demonstrated his strong commitment to
doing the right thing for both the Government agencies in the Interior
bill and for the American taxpayer. He made sure that the Federal land
management agencies made tremendous strides in improving those lands,
in reducing their maintenance backlogs, and instituting management
improvements. He made sure that energy and mineral development on
Federal lands was expanded responsibly and in an environmentally sound
manner. He made sure that essential science programs--dealing with
critical issues such as satellite imagery, earthquakes. volcanoes, the
biological sciences, landslides and mapping--in the United States
Geological Survey were maintained. He made sure that priority school,
hospital and clinic construction for Native Americans were addressed in
annual appropriations bills.
Republican term limits in the House required Ralph to give up his
chairmanship of the Interior and Related Agencies Appropriations
Subcommittee in 2000. At the request of then-Chairman Bill Young,
Regula took the reigns of the Labor, Health and Human Services,
Education and Related Agencies Subcommittee beginning in 2001 and held
the position for a full 6 years until 2006.
Regula took the chairmanship, having never served on the subcommittee
as a rank and file member, but with a good staff and as a quick study,
he masterfully managed a bill with the largest domestic spending level
in the Federal Government and with many of the most divisive policy
issues.
George W. Bush had just been elected President and had come to
Washington with a major domestic policy objective--the improvment and
accountability of our Nation's education system on behalf of our
children. During that first year, Regula held hearings on the
administration's budget request for the three cabinet departments and
nearly 500 programs funded in the bilI, putting together a balanced,
bi-partisan bill. At the same time, Congress' education commit1ees were
drafting and negotiating the provisions of the No Child Left Behind
Act, NCLB.
While endorsing increased accountability and standards for students
being included in
[[Page 21872]]
the new NCLB, Regula, himself a former teacher and principal, knew that
the keys to improving student achievement were the teacher and the
principal. He provided the necessary funding increases for Title I,
Federal funding for the disadvantaged under the Elementary and
Secondary Education Act/No Child Left Behind Act, and continued support
for School Improvement and Innovative Education grants to help local
schools address these new accountability and school improvement
standards. Further, he focused targeted funding to improve teacher
training and performance within the provisions of the No Child Left
Behind Act through programs such as Math and Science Partnerships and
the Comprehensive School Reform program.
His motto became, ``We need a good teacher in every classroom in this
county.'' With this motto Regula knew that a well prepared and well-
trained teacher would indeed lead to improved student achievement.
Additionally, he provided funding for innovative demonstration
programs to improve teacher education, training and performance which
are today infusing our Nation's classrooms with teachers from a host of
diverse educational and work backgrounds. These programs include Teach
for America, now the largest recruiter of college graduates which
brings graduates from our Nation's top colleges into our most
challenging schools for a 2 year service commitment and Troops to
Teachers which provides financial assistance to those retiring from the
military to transition into our Nations classrooms. The Teacher
Incentive Fund is being adopted by key school districts around the
country to incentivize teachers to teach in the most challenging
districts and schools.
When Regula took the helm of the subcommittee, it was the beginning
of year 3 of a 5-year commitment to doubling the funding for biomedical
research through the National Institutes of Health, NIH. Our country's
biomedical research efforts--supported by NIH and carried out in
universities and institutes throughout the country--are premier in the
world. Over time, however, the increasing costs of conducting research
began to erode the ability of researchers to compete for limited grant
dollars, resulting in fewer grants and an increasingly difficult
climate for attracting young scientists into health research. The
doubling effort received bipartisan support from both Congress and the
new administration, and, despite very tight subcommittee allocations,
Regula oversaw the completion of the 5-year doubling effort that
brought the NIH research effort from $13 billion to $26 billion
annually. Today, this number stands at more than $29 billion in annual
health research funding to improve the lives of all Americans.
While Federal funding for training of physicians and specialists is
provided nearly exclusively through Medicare, Federal training for
pediatricians and pediatric specialists had been virtually non-existent
when Congressman Regula took the chairmanship. He understood
immediately, though, that the most important years in one's life are
the early years and, without a well-trained pediatric workforce, we are
not investing wisely in our Nation's children. Therefore, Regula
ensured that Federal dollars were in place every year to assist in
training these critical physicians at children's hospitals throughout
the U.S. After completing their training, these physicians and
specialists are now caring for and treating children across the
country, not just where children's hospitals are located. Today, Regula
remains one of this Congress' most vocal advocates of Children's
Graduate Medical Education funding.
While many in national politics and health policy continue to wring
their hands about the number of people in our country without health
insurance, Regula saw the value of community health centers in
providing healthcare to the uninsured and under-insured. During his
tenure as Chairman, funding for these centers rose from $1.2 billion to
nearly $2 billion. Today more than 4,000 service delivery sites exist
throughout the U.S., providing primary healthcare to over 15 million
people.
During Regula's tenure, health policy experts became increasingly
concerned about our Nation's ability to cope with newly emerging
infectious diseases, especially as we watched how quickly disease could
travel across the globe with the example of SARS. Further, in the wake
of the September 11 tragedy and the anthrax attacks, these same experts
called our attention to our vulnerability to biological hazards.
Working with the Department of Health and Human Services and the
Centers for Disease Control and Prevention, CDC, Ralph provided the key
funding to step up the resources of the CDC to protect the Nation and
prepare it for possible intentional biological threats against our
population. Similarly, with the rise and spread of avian influenza,
Ralph's subcommittee appropriated new funding to help the Nation, as
well as at-risk countries in the developing world, improve the ability
to detect, prevent, and control a potential pandemic flu strain. Today,
pandemic preparedness and response plans are in place at the national,
State, and local levels of Government, and research and development is
ongoing on both a pandemic flu vaccine and new antiviral medicines.
Income support and healthcare payments to the elderly and disabled
through the Social Security and Medicare programs are funded through
mandatory spending; however, it is the Labor, Health and Human
Services, Education and Related Agencies Subcommittee that provides the
critical administrative funding to ensure that benefit payments are
processed efficiently and in a timely manner. While Congressman Regula
knew that ensuring adequate staffing to these critical agencies would
never be a top media story or even a leading policy topic, he
understood that Americans' dependence on these services required his
good management of these agencies and financial support to ensure their
efficient operation. Following enactment of the Medicare Part D
prescription drug benefit program, Ralph saw to it that the agencies
had the financial support necessary to carry out the new program.
Finally, very outspoken in his belief that education is the key to
our Nation's future in the global economy, Ralph also understood that
educational growth is more comprehensive than a traditional classroom.
As a result, he is still a leading spokesman for the One Stop Centers
funded through the Department of Labor. These community-driven centers
assist workers at all points in their working lives with training to
improve their skills or to develop them in new business areas. Their
training programs come through community colleges, technical schools
and other accredited programs. Throughout his tenure as chairman,
Congressman Regula supported these centers with both Federal funding
through his subcommittee and through his regular stump speeches about
the terrific partnerships these One Stops can have with the businesses
and employees in their communities, thus ensuring the continued
economic well-being of these communities.
Ralph's impacts throughout his district and the State of Ohio are too
many to name here. Suffice it to say that the residents of our State
enjoy benefits of a premier national park in the Cuyahoga Valley
National Park, improved healthcare institutions, schools, higher
education institutions, including medical schools, highway
infrastructure and the arts as a result of his work in this body.
Throughout these 36 years of service in the House, Ralph Regula has
remained a serious legislator with an open mind and a kind demeanor. He
has worked effectively and professionally among his colleagues on both
sides of the aisle to ensure that the work of our Nation gets done. He
has exemplified the words of Ronald Reagan when he said that ``there is
no end to what you can accomplish when you don't care who gets the
credit.''
This Congress will greatly miss the steady hand, judgment and
leadership of Congressman Ralph Regula. We wish him all the best as he
leaves the Congress. I am sure that he and his lovely and talented wife
Mary will continue to do great things on behalf of Ohio and the Nation.
Ralph, I know your colleagues here, the thousands of folks at the
Departments of the Interior, Labor, Health and Human Services,
Education and the countless independent agencies funded in those two
bills, and, most importantly, the American people will not forget all
you have accomplished and the impacts that your work has had in
improving our lives.
Mr. LaTOURETTE. I thank you, Dave, very much.
And before we recognize our last retiring Member, we've been joined
by another new member of the Ohio delegation. And I want to express my
appreciation and apologize to Congressman Manzullo and the Illinois
delegation. We were supposed to split this hour 50/50, so anybody
tuning in at home and wondering where the Illini delegation celebration
is, we're going to talk, use our last few minutes; and then in the next
hour stay tuned because Congressman Manzullo and the Illini bunch will
come marching out on to the field.
And just to Congressman Hobson, I don't know if Congresswoman Pryce
wants the record to reflect that she played the entire Ohio State band.
I think perhaps had played all the instruments in the Ohio State band
would be a better way of turning it.
It's now my pleasure to yield 1 minute to one of our new Members, Jim
Jordan.
[[Page 21873]]
Mr. JORDAN of Ohio. I thank the gentleman for yielding. And I'll be
real brief. I appreciate you putting this together. And I just wanted
to say congratulations and thank you to our three retirees for all your
years of outstanding public service. And you know, I've only had the
privilege of serving with these three individuals for 20 months, but
each of them, in their own way have been helpful to me. Friendship is
there, and I appreciate that.
And I really appreciate Congressman Hobson, who used to be my
congressman, used to have Champaign County for several years. But his
help in so many ways, in particular, navigating the defense
appropriations process has been extremely helpful.
So congratulations; my best to each and every one of you. And thank
you again for what you've done for the Buckeye State and for our
country.
Mr. LaTOURETTE. The last retiring Member we have from Ohio is
certainly not least, and we've talked about her service on the
Financial Services Committee.
Madam Speaker, when I joined the committee, I think we had six
Ohioans on the committee, Stephanie Tubbs Jones, Paul Gillmor, who's
passed, Bob Ney, who is not with us anymore, Pat Tiberi, he's now been
promoted, Mike Oxley was the chairman, and Congresswoman Pryce who of
course is, I think, the third or fourth ranking Republican on the
committee. And now, with all these retirements and passings, I'm the
only one going into the next Congress if I'm lucky enough to be re-
elected.
{time} 2100
And so I'm kind of sad that they all left me, but I will always
cherish serving with them, and it is my pleasure to recognize the
gentlelady, Ms. Pryce.
Ms. PRYCE of Ohio. I thank the gentleman for yielding. And Steve, I
don't know that--I just can't believe that I said at a fundraiser that
you were a little different and you were a little bit weird. But it's
true. And I thank you for yielding me this time.
You know, there has been no greater honor than anyone could ever
enjoy than to serve in the company and then leave with the members of
the Ohio delegation. Both Republicans and Democrats alike, it has been
an honor and a joy.
Ralph Regula and Dave Hobson were mentors, they were colleagues, and
they were the best friends a gal could ever have. They really have been
wonderful to me.
When I first arrived here straight off the Municipal Court bench, I
was a very green Member of Congress; and I was all new to this boys'
world, and it's a lonely place for a woman. But my delegation was very
kind and very welcoming to me and made it a place that I felt
comfortable and at home and in which I thrived.
And these two gentlemen, which we honor tonight, were a very huge
part of that.
Let me say first about Ralph--and you can't say ``Ralph'' without
saying ``Mary.'' They are the true congressional couple. And the Ohio
delegation never--well, they didn't always get along like we do today.
And because of the leadership of our dean, Ralph Regula, our delegation
came together for the entire time that I have served here to be
effective, to be efficient, to be very good for Ohio, but also to be
very friendly to one another.
And Ralph led that. He nurtured us. He did everything that he could
possibly do from the initial days when I got here and he was on
committees and gave me a committee I didn't necessarily want and didn't
necessarily understand. But it was, first of all, good for Ohio, and
second of all, good for Deborah Pryce.
So I will always thank you, Ralph, for your consideration and in
placing all of us where we needed to be for the good of Ohio.
And Mary in the balcony. Mary, you are an original feminist, and I
love you for that. An original feminist with the First Ladies Library.
You advanced the cause of women with no strings attached, and that is
no small thing, Mary Regula. Thank you.
You know, Ralph, I didn't stay long enough to get the view that you
have, but I will always remember you and Mary for your kindness, for
your nurturing, and for the good will that you taught me that makes
this job a joy.
And then to Uncle Dave and his wonderful wife Carolyn.
You know what patience that woman has. But Carolyn is a joy to us
because she gives us David.
David taught me so many things, and you know, I will always see Dave
Hobson with a cell phone on his ear. I can't picture Dave without a
cell phone on his ear. But not only--he's always in communication with
someone. He's always making the deal, he's always making things happen,
and he's making things happen for all of us in Ohio.
But one important thing that Dave Hobson taught me, and he continues
to try to teach the world, and that is that ``earmark'' is not a dirty
word. And the good things that these two cardinals, Dave Hobson and
Ralph Regula, did through the earmark process for the State of Ohio
will continue to make our State strong and important in the general
scheme of things throughout history.
Earmark is not a dirty word as long as they are good earmarks. And
these two gentlemen always made sure that they were.
And one more thing about Dave. He always had my back. And he still
does. Thank you.
Gentlemen, thank you both for so many things. This is a hard job for
me to leave because of the joys, of the companions that I made here,
the relationships, and the true camaraderie that could make this a
great place, and it should make this a great place if we just rely on
that more.
So thank you, Mr. Hobson. Thank you, Mr. Regula.
You know, Monday afternoons and Tuesday mornings I might just have to
head to the airport to get my fix of all of the politics because I'm
really going to miss those moments we spend together, the private
publicness that we've lived in all of these years together.
Thank you, Mr. LaTourette.
Mr. LaTOURETTE. Thank you, Deborah.
General Leave
Madam Speaker, I ask unanimous consent that all Members may have 5
legislative days to revise and extend their remarks and include
extraneous material on the subject of this Special Order.
The SPEAKER pro tempore (Ms. Hirono). Is there objection to the
request of the gentleman from Ohio?
There was no objection.
Mr. LaTOURETTE. I think I have about 1 minute left, and I'm not going
to insult Mr. Manzullo by giving him a minute to talk about his
retiring. So he's come up with some parliamentary scheme to make it all
work and honor Mr. LaHood and Mr. Weller, who are both classmates of
mine, who are retiring.
But I think, Madam Speaker, from this last hour, which we didn't know
it would take an hour, but we should have expected it would have taken
an hour for each of our retirees, we are richer for having served with
Ralph Regula, David Hobson, and Deborah Pryce; and we in the
institution will be poorer with their retirement, but we will always
remember the gifts that they have given us; and it shall be our
challenge, both Republicans and Democrats as Members of the United
States Congress, to stand on their shoulders and follow in the example
that they've set for us.
I thank you, Madam Speaker.
Mr. LEWIS of California. Madam Speaker, I rise to honor my good
friend Deborah Pryce whose service to Ohio and her nation has been
exemplary.
I first came to know Deborah when I was active in a Task Force to
elect more Republican women to Congress. Her spirit and enthusiasm
impressed me then and it was no surprise to watch her quickly become a
leader among her colleagues. In 2002 she was elected House Republican
Conference Chair, a position I once held, where she articulated the
party's message and helped craft the Republican agenda. In this
capacity, Deborah became the highest ranking Republican woman in
history.
I am particularly touched by the work Deborah has done to fight
cancer. After losing her beloved daughter Caroline to this disease,
[[Page 21874]]
Deborah co-founded Hope Street Kids, a nonprofit organization dedicated
to increasing funding and awareness of pediatric cancer. Knowing
Deborah like I do, she will tirelessly continue her fight against this
dreadful disease.
I wish her well as she returns home. Congress' loss will be her
family's gain.
Madam Speaker, I rise tonight to honor my good friend and fellow
appropriator Dave Hobson of Ohio.
I've had the pleasure of serving alongside Dave as we have fought to
make sure our military has the resources it needs to defend our
interests around the world. Dave's commitment to ensuring the brave men
and women of our armed forces receive the pay, benefits, housing, and
quality health care they deserve is second to none.
Dave made constituent service a priority during his time in office.
He has long sponsored monthly ``Open Doors'' meetings in his district
so his constituents could directly share their concerns with him.
During his time on the Energy and Water Subcommittee, Dave visited
Northern California on behalf of our colleague John Doolittle. Dave
brought to our attention the urgent matter of levees and flood control.
His expertise on this issue has been critical as California has worked
to address this serious problem.
Retirement is something to be celebrated and enjoyed. It is not the
end of a career, but rather the beginning of a new life adventure. I
send my friend Dave my best wishes in all his future endeavors.
Madam Speaker, I rise tonight to honor Ralph Regula, the second-
longest currently serving Republican member of the U.S. House and a man
I am honored to call a friend.
I thank Ralph for his years of service. He has inspired a legacy that
demonstrates the true character and compass on of his Ohio district.
During his many years on the Appropriations Committee, Ralph has done
magnificent work on many subcommittees, particularly the Labor, Health,
Human Services and Education budget, which is the largest discretionary
domestic account. He focused on strengthening our education system to
meet the demands of a rapidly changing global marketplace, making
health care accessible to all, ensuring that the U.S. remains at the
cutting edge of medical research, and retaining workforce training
programs that provide people an avenue to seek gainful employment.
He has been an example of the very best of the Appropriations
Committee and has been a Member that colleagues on both sides of the
aisle could turn to. While I will miss seeing him in the halls of this
great institution, I know he will be happy at hone on his farm in Ohio
with his wife Mary and their four grandchildren.
Mr. TURNER. Madam Speaker, the state of Ohio has been greatly blessed
to have leaders like Ralph Regula, Dave Hobson, and Deborah Pryce
working for them in the United States Congress. Their decades of hard
work and outstanding service have made the state of Ohio a better place
and have set an example for the rest of the Ohio Delegation. I am proud
to have had the opportunity to work with them on the issues affecting
our state and our nation. Ralph Regula has been a great example of
service and statesmanship as the Dean of the Ohio Delegation. Dave
Hobson has been a role model and mentor for me since I took office in
2003 and I appreciate his friendship and support. Deb Pryce has been a
graceful and determined leader for all Ohioans over her 16 years in
Congress. I join the rest of my colleagues in congratulating Ralph
Regula, Dave Hobson, and Deborah Pryce, on their service to their
districts, our State, and the United States of America.
____________________
FURTHER MESSAGE FROM THE SENATE
A further message from the Senate by Ms. Curtis, one of its clerks,
announced that the Senate has passed with amendments in which the
concurrence of the House is requested, bills of the House of the
following titles:
H.R. 2786. An act to reauthorize the programs for housing
assistance for Native Americans.
H.R. 6460. An act to amend the Federal Water Pollution
Control Act to provide for the remediation of sediment
contamination in areas of concern, and for other purposes.
The message also announced that the Secretary be directed to request
the House of Representatives to return to the Senate the bill (H.R.
3068) ``An act to prohibit the award of contracts to provide guard
services under the contract security guard program of the Federal
Protective Service to a business concern that is owned, controlled, or
operated by an individual who has been convicted of a felony.''
____________________
TRIBUTE TO RAY LaHOOD AND JERRY WELLER
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois (Mr. Manzullo) is recognized for 5 minutes.
Mr. MANZULLO. Madam Speaker, tonight we recognize the retirement of
two great Members of Congress from the State of Illinois, Jerry Weller
and Ray LaHood. Both of these gentlemen came with the great Republican
class of 1994. It's indicative because these are two guys that are
rebels with a cause, always believed in a continuous fight, never would
miss a fight that would take place on the floor of the House.
And in particular, Ray LaHood, who represents Abraham Lincoln's old
district in Illinois, probably one of the greatest institutionalists. A
person who has been with this Chamber for a considerable period of time
serving as chief of staff to minority leader Bob Michel. And what's
interesting that he puts in his own biography is the fact that he says,
``Leading the efforts to establish a higher level of civility, decorum,
and bipartisanship in the House of Representatives.''
I don't know how you can pay a higher tribute to somebody than that.
Recognizes that he had the--call it the honor, whatever it is, of being
the person to hold on to the gavel during the impeachment hearings or
impeachment proceedings taking place in this body of President Clinton.
And the reason he was chosen is because of somebody who loves this
institution, understands the meaning of order, and wanted to bring the
highest level of civility to a place that has been torn up by things
other than civility, especially during that period of time involving
the impeachment.
And Jerry Weller. Yes, Jerry. What an interesting person he has
always been. What a great American. What an interesting start to
politics. When he ran for the general assembly and then he lost, but he
thought that he had won in a very interesting election that was taken
away from him just before he was sworn in to be a member of the general
assembly.
But Jerry came back with a great class, and every married couple in
this country has Jerry Weller to thank for the fact that he's the one
who's the leading champion of the 2001 marriage tax penalty. Every
couple in the country has him to thank for saving at least $1,700 on
their joint tax return.
Always an interesting individual. I was in Chicago with him one time
attending a hearing, and we went to a restaurant on the north side. I
lived way out in the country, and actually Jerry's background is a hog
farmer. And we went to this restaurant, presumed that nobody knew who
we were, and somebody came over and said, ``Aren't you Congressman
Jerry Weller?'' And I turned to him and I said, ``I bet you paid that
person to say that, to come over here and recognize you in Chicago way
out of your territory.''
But I have known him as a confidante, as a friend. I had the
opportunity when I chaired the Small Business Committee to travel with
him around his district. And a small town mayor came up to me and said,
``You know, Congressman, I have been mayor here for a long time, but
when Jerry got elected, he called me. And no one has ever called me and
taken an interest in the small town that I represent. And it wasn't for
the purpose of trying to get projects, because we know that those are
very difficult when you have a lot of cities. But Jerry Weller cares
about the little people in this country so much so that he contacted
all of the small town mayors and all the mayors just to say that he's
our new Congressman and he's there to help us.''
I can't find a better tribute to an individual who does stuff like
that, anybody who takes the time to travel the area and get to know the
people.
I also noticed that when I was with him, people would call me
``Congressman Manzullo'' but they would call him ``Jerry.'' I said, You
know what?
[[Page 21875]]
What a title of honor to feel comfortable enough around this man, and
even with the dignified title of ``Congressman,'' they called him
``Jerry.'' And why? Because Jerry has always been Jerry. Just your
average young man working on a hog farm with a desirous heart to serve
America elected to the United States House of Representatives.
And Jerry, we're going to miss you. We're going to miss your humor,
your unfunny jokes. We laughed at them just to be polite.
And, Ray, we're going to miss you also because of the dignity that
you always would bring to the House of Representatives. You had the
heaviest mallet in the House. When you hit that mallet, people would
sort of stand to attention.
____________________
HONORING RAY LaHOOD AND JERRY WELLER
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois (Mr. Shimkus) is recognized for 5 minutes.
General Leave
Mr. SHIMKUS. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on the subject of this Special Order.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. SHIMKUS. Madam Speaker, I, too, am honored to be here tonight
just for 5 minutes to talk about two of my colleagues, two of my
mentors, two of my friends who helped me as a new Member of Congress.
They both served seven terms, finishing their seven terms, 14 years.
One's about 10 years older, one is the same age.
Both represented--well, Jerry had parts of Cook County, Chicago in
his first district, but mostly south of I-80 guys, which brings in a
different dynamic in Illinois politics, which is rural, small town,
agriculture interests.
{time} 2115
I'd like first to spend time to talk about Jerry and his fight on the
Ways and Means Committee primarily--most of us know him for eliminating
the marriage penalty, and that was before Jerry got married. So it was
no conflict of interest. He wasn't in doing things for himself.
And since that time not only did he save--I mean the basic debate
that he made was this. Marriage should not be penalized under the Tax
Code, and that position he fought hard and long for, and it has
maintained itself until the loss of the majority here. And that
marriage penalty is threatened unfortunately by Democratic control of
Congress, and hopefully, they will make that permanent, and it will be
a tribute to you, Jerry, if they do that.
Not only does he have a lovely young bride, a congresswoman, Zury
Rios Sosa from Guatemala, but a lovely daughter, and I can't even
pronounce her first name, Marizu Catherine Weller, and Jerry has been
proud to show these pictures around. We understand why Jerry now has
chosen a different path in life. He's got a lovely bride, a young
daughter. This is not a very great profession for families. It's very
challenging. And no one casts any disappointment on Jerry Weller
choosing family over a profession here.
Jerry's been a confidante and friend. Our staffs are very close. My
chief of staff worked in his first campaign. Jerry has been very
helpful to me. He knows that. I'm honored to call you a friend, and I
look forward to working with you for many years to go.
Ray LaHood. These guys are like two polar opposite-type guys. Ray's
come up through the political system as a staff director for Leader Bob
Michel, a State rep himself, a man of the institution. Shocking that he
would decide to leave because he loves the institution so much. Ray is
close friends with former Speaker Denny Hastert. He's a guy that you
always know where Ray stands, and he's not embarrassed to tell you, and
he's not embarrassed to tell his constituents when they agree with him
and when they don't.
Ray has a unique ability to confront those in opposition with him
forcefully and firmly. Some of those attributes I've tried to take on
because sometimes you have to confront those who attack your values and
your position. You've got to attack it front on. You don't want to be
coy. You just want to tell them what it is you believe and why, and
that's what Ray has always brought to the table.
Ray and I have had our own fights, but our friendship and loyalty has
lasted through the time of our service. He's also finishing his seventh
term, that means 14 years as a Member of the House, many years with
Leader Michel, probably 30-plus years in Federal service that he's done
for this great country.
A man from Peoria, born, raised there, lives there, went to school
there, again a southern Illinoisan who tries to balance the interests
of rural America and agriculture interests with some of the big,
monumental issues of our time. He proudly represented Caterpillar,
which the home office is in Peoria, and made sure, as Jerry Weller did,
the importance of trade to both our agricultural community and
manufacturing sector, especially Caterpillar.
These are good friends, mentors to me, mentors when I was doing stuff
right and mentors when I was probably going off the track and I needed
some direction to stay focused on the responsibilities as a Member of
Congress. Jerry was always there to help me do that. Ray definitely
was, also. I appreciate that.
We're going to miss them, but they have chosen to pursue other
pursuits. We want to honor and recognize that, and I want to thank them
publicly for their service.
____________________
TRIBUTE TO THE HONORABLE JERRY WELLER AND THE HONORABLE RAY LAHOOD
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Illinois (Mr. Roskam) is recognized for 5 minutes.
Mr. ROSKAM. Madam Speaker, it is a real honor for me to be here with
my colleagues from Illinois to honor two men who have really served
admirably and have brought great pride to the Land of Lincoln.
The first is Congressman Jerry Weller who I got to know in the
Illinois House of Representatives, and I served for one term with
Congressman Weller. When he was in the State House of Representatives,
he had a reputation of somebody who knew how to come back.
And he got involved in a tough election, and I won't drag you all
through the weeds of that tough election, but he got dealt a tough blow
in that many people thought he fairly won that election, but for a
whole host of political reasons, he wasn't seated in that election. Do
you know what? Rather than going home and say, oh, woe is me, Jerry
Weller came back and he went out and he campaigned, and he earned the
confidence of the voters of that district. He earned the confidence of
his neighbors in Morris, Illinois, and he came back, and he was there
to greet me when I first went to the House of Representatives in 1992.
Then Jerry Weller was a part of the historic class of 1994 that came
in, and as has been previously mentioned by Mr. Manzullo and Mr.
Shimkus, he was the person who focused in on repealing that marriage
penalty, and I remember him talking about that to me. I remember him
focusing on that. I remember reading about Jerry Weller pursuing that
and pursuing that and pursuing that, and as we all know, it is a very
difficult thing to pass a major piece of landmark legislation like
that. There's a lot of exit ramps around here for good ideas. There's a
lot of trap doors for good ideas. But Jerry Weller was tenacious and he
was able to put together the coalitions. He was focused and he got that
done, and today, millions of Americans have fundamentally benefited
because of his tenacity and the political savvy with which he moved
that through the House and ultimately through the Congress.
[[Page 21876]]
He had other successes as well, and that was the transformation of
the Joliet arsenal in Illinois, and that was property that had not it
been for his leadership in his district, it could have essentially gone
by the wayside. But because he was tenacious and he was focused, it's
been turned into a good thing.
So Jerry Weller, we are going to miss you, and it is with regret that
we're here tonight. But it is with a great deal of hope and optimism
that we'll see you and your tenacity and the glint in your eye.
The other person that we're here to honor is also another member of
that class, and that is Congressman Ray LaHood. Congressman LaHood has
been described by Mr. Shimkus as a man of the House, and I kind of feel
like he has the demeanor of sort of Dad coming home. When he would be
in the Chair and the House would be raucous and a little bit spunky, he
would gavel that down, and he was entrusted with the gavel during some
of the most historic times.
And he is a man of history because he serves in the same seat that
Abraham Lincoln served in. He's from the same hometown as another
Illinois great, that is, Everett Dirksen. He served also at the side of
Bob Michel, and these are great Illinoisans.
I'm pleased that now the Easter Seals of Peoria, Illinois, has chosen
to honor Congressman LaHood and his bride by setting up the Ray and
Kathy LaHood House for Children with Special Needs.
I think it's indicative of the type of person that he is, the type of
integrity, the directness with which he interacts with his colleagues,
and I know that that's great encouragement not only to me but I know
it's great encouragement and a great example for all Americans.
So for these two men who have chosen to sacrifice so greatly and
serve our State so well, I can tell you, Madam Speaker, that it is with
a great deal of pride that I say it's been an honor to serve with
Congressman Weller. It's been an honor to serve with Congressman
LaHood, and I look forward to our paths crossing many, many times in
the future.
Mr. LEWIS of California. Madam Speaker, I rise tonight to honor the
incredible service of my very good friend Ray LaHood. I have had the
privilege of serving alongside him as a Member of the Conference and as
an Appropriator.
I first met Ray when he was a young staffer for Bob Michel. He
performed invaluable service in helping Bob be a great leader. Ray's
son Darin was looking for work and it was a pleasure to bring him into
the extended Lewis family as a part of my personal office. With my
encouragement, Darin went on to law school as an attorney in Nevada. I
know I share Ray's pride as Darin has returned home to Illinois to run
for Peoria County State's Attorney.
Ray is a consensus-builder and a common-sense legislator and has
distinguished himself as a champion of this great institution.
Throughout his time here he has fought vigorously to ensure the Capitol
stays the ``people's house'' and that it remains a beacon for motivated
and service-minded young people.
I know his constituents appreciate his selfless service. His efforts
are a testament to the highest level of commitment an individual can
demonstrate on behalf of others. I join my colleagues in wishing Ray,
Kathy, and his family well.
Mr. COSTELLO. Madam Speaker, I rise today to ask my colleagues to
join me in honoring the distinguished career of Jerry Weller, who will
be retiring at the end of the 110th Congress. I wish to express my
appreciation for his service to our country and the state of Illinois.
Jerry was elected to Congress in 1994 as the representative of the
11th District of Illinois. He began his public service career working
as a Congressional and Administration aide, followed by three terms in
the Illinois General Assembly. He has used his seat on the Ways and
Means Committee to make a strong, positive difference for families in
Illinois and throughout the United States.
Jerry has worked on a number of initiatives important to Illinois'
families, including his efforts to enhance Illinois' infrastructure,
establish and expand veterans' outpatient clinics, and protect children
from on-line predators. Jerry was instrumental in passing legislation
to redevelop the Joliet Arsenal in 1995, which created thousands of
union jobs by establishing North America's largest intermodal truck,
rail, and freight facility. He is a tireless advocate for the needs of
his constituents and his country.
Madam Speaker, I ask my colleagues to join me in an expression of
appreciation to Congressman Weller for his years of dedicated service
to this body and to the people of Illinois. I wish Jerry and his family
the very best in the future.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Without objection, the 5-minute Special
Order of the gentleman from Texas (Mr. Gohmert) is vacated.
There was no objection.
____________________
TRIBUTES
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Texas (Mr. Gohmert) is recognized
for 60 minutes.
Mr. GOHMERT. Madam Speaker, at this time I do want to yield such time
as he may consume to the man who has been talked about a great deal. If
I didn't know better and didn't know him so well, I would say they've
been exaggerating, but there has been no exaggeration, a great man, a
great Representative. It's been an honor to serve with him.
I yield to Jerry Weller of Illinois.
Mr. WELLER of Illinois. Madam Speaker, I want to thank my good friend
from Texas for sharing his time in giving me the opportunity to say
thank you, not only thank you to my constituents but thank you to my
colleagues, particularly those from the Illinois delegation who are
here tonight, my friend Don Manzullo and John Shimkus and Peter Roskam
for taking time to say a few nice things about Ray LaHood and myself,
and for that I appreciate that so much. But also I want to say thank
you for the partnership I've had with you as a member of the Illinois
delegation over the 14 years that I've had the privilege of serving in
this House.
You know, Ray LaHood's a good friend to all of us, and of course, I
want to take a moment and just salute Ray LaHood who, as my colleagues
in the delegation and all the Members of the House, both Republican and
Democrat know, is a man who's a man of this institution, someone who's
worked tirelessly to bring civility to the House, a man who led efforts
to convene bipartisan retreats. Four House bipartisan retreats were
cochaired by Ray LaHood in his effort to bring civility and
bipartisanship to the House. And I think if you can think of just one
thing about Ray LaHood, it is his commitment and desire that the
institution of this Congress should work together to solve the
challenges that we have before us.
You know, I look back over the 14 years that I've had the privilege
of serving in the House as a member of the House Ways and Means
Committee and the opportunity I had to serve on the Foreign Affairs
Committee and serve, of course, as a deputy whip, I think of those
opportunities to get to know my colleagues and have an opportunity to
work with my colleagues on both sides of the aisle, and I can't say a
few words tonight without saying thank you to all the men and women
that I've had the privilege of serving with, for the courtesies, for
the opportunity to work together, and frankly, we had some good times
as well in that process. I want to say thank you to everyone, and I
also want to thank my colleagues for serving in this Congress.
You know, there's a lot of work that goes sight unseen. You don't
often get thanked enough for the work that's done behind the scenes,
but I want to thank my colleagues for their work and for their
commitment to public service.
I also want to thank my colleagues for the support that you have
given me in the projects and the legislation that I've had the
opportunity to work on.
My friends mentioned the marriage tax penalty, which was an issue of
fairness, and that issue came to me in my first campaign. I remember a
young woman who came up, she was working in the office in my campaign,
and she
[[Page 21877]]
said, you know, Jerry, if you do get elected to Congress, there's an
issue I want you to look into and I hope you will fix it. It's a
penalty. If you're married, you're going to pay higher taxes.
She said, you know, my boyfriend and I, we want to get married. We
both have pretty good jobs, and my friends said you better do your
taxes jointly just to experiment and find out what your obligation
would be. And they did that. They discovered they paid about $1,400
more in higher taxes just if they got married.
{time} 2130
And because it was clear to me that it was unfair and, frankly, wrong
that you should pay higher taxes just because you're married, that
doesn't seem right, it's wrong, that our Tax Code was punishing
marriage; where if two people worked, and because when you marry you
file jointly, your incomes were combined. And the way our complicated
Tax Code was structured, 42 million married working couples across
America were paying higher taxes, on average about $1,400.
And I want to thank President Bush for signing into law my
legislation eliminating the marriage tax penalty, which, on average,
saves married couples today $1,900 that they otherwise would pay had we
not successfully worked to bring greater simplicity to the tax code,
and ensuring that our tax code essentially today is marriage neutral.
Two married people who both are in the workforce, who file jointly
because they're married, will not pay higher taxes than two people that
aren't married, but with similar incomes and with similar status. And
so, today, we've eliminated the marriage tax penalty.
Unfortunately, in 2011 that reform expires. And I would encourage my
colleagues to make elimination of the marriage tax penalty permanent so
that we can protect the most basic institution in our society from a
financial penalty we all know as the marriage tax penalty.
I also want to thank my colleagues for the work that we did on
working to protect children from Internet predators. With their
support, we were able to pass the Internet Predator Protection Act. I
want to thank my colleagues for the support you gave me in our effort
to ensure that veterans would have a better opportunity to obtain
health care locally. You know, traditionally, the Veterans
Administration always provided health care through VA hospitals. But
many of our veterans live in rural areas and ex-urban areas where they
would have to drive great distances.
And so we worked--in fact, my colleague, Dave Weldon, and I, he is a
classmate--and he's retiring this year as well--we cosponsored
legislation that for the first time gave the VA the authority to enter
into a cooperative sharing agreement with local health care providers,
like a local hospital, to open, essentially, an outpatient clinic in
the local area where veterans can go and receive their outpatient care.
And one thing I noted, because today the La Salle Veterans Outpatient
Clinic in La Salle, Illinois, is a perfect example of that; we have
45,000 veterans living within a 45-minute driving radius of La Salle.
Many of the veterans that obtained health care there, it was the first
time they were able to obtain health care because otherwise it was too
inconvenient. They weren't able to travel all the way to Chicago to
Hines Hospital.
So those efforts made a difference. And whether it was helping
veterans or protecting kids from Internet predators, eliminating the
marriage tax penalty, it took the support of my colleagues. And I want
to thank all my colleagues for the support that you gave me in those
efforts.
Some of my friends in the Illinois delegation referred to the Joliet
Arsenal. And when I was elected to Congress, the Joliet Arsenal was a
24,000-acre surplus military facility during the Vietnam conflict,
during World War II, and before. The vast majority of the TNT
production for America's military was produced at the former Joliet
Arsenal. In the late seventies it was shut down. In the 1980s it was a
rusting, essentially abandoned place. And the community came together
and we worked with conservationists and business and labor, political
leaders in both parties, a lot of volunteers, veterans, the
environmental community, and we worked to put together a plan, a plan
that was a win-win-win for the community. We took what was the largest
single piece of property in Northern Illinois, created the Midewin
National Tall Grass Prairie, a 19,000-acre conservation area, the
first-ever tall grass prairie--now administered by the Forest Service--
and the first of its kind, but also the largest today.
Essentially, we created what became as affectionately known by many
as Will County Central Park. We doubled the amount of open space set
aside for posterity in Will County with our legislation to redevelop
the Joliet Arsenal.
We also created the Abraham Lincoln National Cemetery, which today,
geographically, is the second largest national veterans cemetery named
after Abraham Lincoln. Not only is Illinois the land of Lincoln, but we
have to remember that the Gettysburg Address, made so famous by Abraham
Lincoln, actually was the dedication of our Nation's first veterans
cemetery. And so we thought it was appropriate to name the Abraham
Lincoln National Cemetery after the President who started the national
cemetery system in order to honor, with dignity, those who risk and
sacrifice their lives for our Nation.
We also set aside about 3,000 acres for the creation of jobs. And we
were fortunate to recruit Center Point Properties, a Chicago-area firm.
They partnered with Burlington Northern Santa Fe Railroad. And as a
result of that partnership, private development attracted over $1
billion in investment--creating jobs, creating what is one of the
largest intermodal truck, rail, freight handling facilities. We've now
had manufacturing, warehousing and distribution come there. Our farmers
benefit because their grain goes to Asia through the terminal there at
the former Joliet Arsenal. And almost 8,000 workers today are directly
and indirectly employed as a result of that effort.
And it was a team effort, I'm so proud to say. And we can continue
building on that effort to redevelop the Joliet Arsenal, creating the
Abraham Lincoln National Cemetery, the Midewin National Tall Grass
Prairie, and of course the two industrial sites that now have attracted
over $1 billion in investment.
You know, one of the areas that I've also enjoyed having the
privilege of being involved in as a Member of this House was my belief
that our economy grows, and manufacturing and farmers and workers, that
all Americans benefit when we expand trade, when we increase the
commerce between our Nation and others. You know, we're a Nation of 300
million people. We represent 4 percent of the globe's population.
Ninety-six percent of the people who live on this Earth live outside of
the United States. And I believe that our economy grows when we find a
way to market services and produce products and manufactured goods and
agricultural products that come from States like Illinois that I
represent, having an opportunity to sell them overseas to foreign
markets. It grows our economy and creates opportunities for our young
people.
And trade today, if you look at economic figures, you look at the
discussion we're having about the economy, this past quarter we had 3.3
percent economic growth. And if you analyze where that growth occurred,
90 percent of that growth came as a result of exports--whether it's
yellow construction equipment made in Joliet or corn and soybeans grown
in Illinois, our export markets growing this economy.
And a key part of that are the trade agreements that we passed in the
last few years, particularly the Dominican Republic-Central American
Free Trade Agreement, known as DR-CAFTA, the Chilean Agreement, the
Peruvian-Chilean Trade Agreement, all good agreements that the
opponents would say were going to cost us jobs, and actually today have
generated tens of thousands, if not hundreds of thousands, of new jobs.
[[Page 21878]]
The DR-CAFTA agreement actually took a trade deficit with our six
trading partners in Central America and the Dominican Republic, where
we had a trade deficit prior to that agreement, and because it
eliminated all sorts of barriers--particularly tariffs--on U.S.
products and Illinois products, today we have a significant trade
surplus with our DR-CAFTA partners.
Clearly, trade wins for States like Illinois as well as America. And
that's why it's so important that we ratify the U.S.-Colombia Trade
Agreement, which, Colombia is a nation of 42 million people; it's the
longest standing democracy in all of South America. It's recognized as
America's best friend and best partner in all Latin America. But the
population of Colombia is essentially equal to the population of all
the DR-CAFTA nations combined. Tremendous opportunity.
My hope is that we will ratify this agreement before I leave Congress
before the end of this year. And my hope is, as we look to the future
on the issue of trade, that we can bring trade back to the middle again
and continue moving forward to grow our economy and expand
opportunities to sell U.S. products and grow our economy in agriculture
and manufacturing, and of course give workers the opportunity for
better jobs as a result of expanded exports.
Let me close by saying thank you to my family. You know, I remember
when I was sworn into Congress 14 years ago, my mom and dad, Lavern and
Marilyn Weller, came out, as did my Aunt Mary and Aunt Eileen, and many
friends and family came. I particularly want to say thank you to Mom
and Dad, Lavern and Marilyn Weller, who worked so hard raising pure
bred and Durock and Hampshire hogs, having many champions at various
fairs, selling pure bred hogs all over the world.
And frankly, Mom and Dad taught me the value of trade. I remember
when President Nixon opened up relations with China, the first shipment
of hogs that were purchased by the Chinese included pigs from the
Weller family farm. And of course after that, the result of the hard
work of my mom and dad, they sold hogs to about 30 nations around the
world. I'm very proud of that. In fact, they gave me the opportunity to
be involved in 4-H and FFA. And I had the grand champion barrel at the
Illinois State Fair my last year in 4-H. But it was all because of Mom
and Dad and the opportunities they gave me, to go to the University of
Illinois, to pursue a career off the farm, and of course to become
involved in public service.
I look back at my campaigns. My mother was always my best campaigner.
If you went to a Jerry Weller campaign event, you would always see
Marilyn Weller, my mom, right there, shaking everyone's hand, thanking
them for coming. And she would always wear a big button that said,
``I'm Jerry's mom.'' She was my best campaigner.
I want to thank my sister Pat and my brother Doug. We lost our
brother Rod this past year, and he is now buried at the Abraham Lincoln
Cemetery. And Rod and Doug and Pat were all part of the campaign as
well, the support they gave me. And I can't go without saying thank you
to my siblings.
And of course, as I close, I want to say thank you to my wife and my
daughter. You know, when I came to Congress, I was a single guy. And
who would have thought that as a result of coming to Congress I would
meet my wife and fall in love and have a family today. And my wife and
I, we have a very unique relationship. We're the only parliamentarians
from two different countries who are married. My wife is a Member of
Congress in the nation of Guatemala. She served in her Congress as long
as I have, 14 years. And she's much younger. And frankly, she is a very
skilled and dedicated legislator on her own, someone who I am so proud
of the work that she does. But Zury Rios de Weller--as she is
officially known as now--is a great partner, and she is a wonderful
wife, and most important of all, she's a wonderful mother. Who would
have thought that as a result of my opportunity to serve in Congress I
would meet my wife and I would become a dad? And we have a 2-year-old
girl, Marizu Catherine Weller Rios. Marizu is a very bright, happy,
healthy little girl. And I am so very proud and so very fortunate to
have Zury and Marizu in my life.
And as I look at what I'm going to be doing in the future, when I
leave this Congress, my first priority is to be a good husband and a
good father. And I look forward to my years ahead with Zury and with
Marizu and the opportunities that we'll have to do things together.
So many of my colleagues have said, you know, when I got elected to
Congress, my kids were in diapers. And all of a sudden they're now in
high school or they're now in college, and I haven't seen much of them.
But what really caught my attention was, I was looking through the
family photo albums, and I'm not in the photos--because I wasn't there,
because I was attending meetings and functions everywhere else. Well,
for me, I want to be with my daughter. I want her to see me at all our
family functions. I want her to see her dad every day.
And people often ask, why do you want to leave Congress at age 51?
It's because I was blessed at age 49 becoming a father for the first
time. And my daughter, Marizu, is my one and only child. And I look
forward to being her father in the years ahead, to being there,
attending all her activities, hopefully being a good dad, but most of
all, enjoying life with my wife and daughter.
Again, I want to say thank you to my colleagues in this Congress for
the courtesies, the opportunities to work together. I want to thank
especially my colleagues in the Illinois delegation for the partnership
we've had, both Democrat and Republican, and for those who took time
tonight to say some nice things about Ray LaHood and myself, since
we're departing this Congress.
I particularly want to say thank you to John Shimkus and Don Manzullo
and Peter Roskam for taking time to come to the floor to say some nice
things. And for that, I want to say thank you, you're my friends.
Ladies and gentlemen, this is probably the last speech I will make on
the floor of this House as a sitting Member of Congress. My hope is we
will have a lame-duck session, but if we don't, this is my final
address. Again, I want to say thank you very much.
{time} 2145
Mr. GOHMERT. Madam Speaker, we are going to miss the Honorable Jerry
Weller and do appreciate all he has done for this country, not just for
the people of Illinois.
Well it is with great pleasure that I rise tonight to pay tribute to
a constituent, a good friend, a former colleague, Judge Cynthia Stevens
Kent, who will be retiring at the end of this year following 25 years
of judicial service. So I wanted to make this tribute a part of the
permanent Congressional Record so that people in future generations
would know of this great judge.
Throughout her years of faithful service to the State of Texas, Judge
Kent has gained the respect and admiration of friends, colleagues and
especially fellow judges. Her knowledge of the law and commitment to
bettering the judiciary is not just well known in east Texas but
throughout the country. East Texas has been blessed to have such a wise
leader. And it's truly a better place to live because of her hard work.
After receiving her law degree from South Texas College of Law in
Houston, Judge Kent moved to Tyler, Texas, with her husband, Don. She
opened her own law firm, but in 1984 she left the lucrative practice to
dedicate herself to public service. For 4 years she served as judge of
the Smith County Court at Law Number Two. She oversaw misdemeanor
criminal cases, workers' compensation cases, substantive civil cases,
condemnation cases, mental health, probate, juvenile, family law and
appeals from justice of the peace and municipal courts.
After 4 years in that capacity, Judge Kent was successfully elected
as the first woman to serve on the Texas 114th
[[Page 21879]]
Judicial District Court serving both Smith and Wood counties. As judge
of this court, she has overseen felony criminal cases, divorce and
family law, juvenile, land claims, election contests, very substantive
civil cases, workers' compensation, contested probate matters, and
juvenile law in general. She has diligently presided over this court
for the past 20 years.
Now throughout her career, Judge Kent has established herself as a
wise, hardworking, law and order judge. There is not much question
about that. She has cleared a large backlog of cases while gaining a
reputation among criminal defendants as a judge you wanted to avoid.
Judge Kent is widely known for her strong commitment to teaching and
to furthering her own legal education. During her time on the bench,
she received a masters of judicial studies from the National Judicial
College, and she is currently working toward candidacy for a Ph.D. She
served as a faculty instructor at the National Judicial College
teaching ``advanced evidence'' and ``handling capital cases.'' She has
spoken and taught at countless judicial conferences, seminars and
courses throughout the country, all the while dedicating herself to the
east Texas community by serving as a volunteer instructor at Texas
College in Tyler, Texas.
Judge Kent has written and co-authored numerous publications, and she
has served on a variety of boards and associations. Most recently she
was chosen by Governor Rick Perry to be a member of the Governor's
Criminal Justice Advisory Council which is tasked with the difficult
job of reviewing the criminal laws in Texas. It's undeniable that Judge
Kent has distinguished herself as one of the Nation's leading judicial
scholars.
Throughout all of the many demands of her professional career, Judge
Kent has managed to raise a wonderful family with the love and support
of her husband, Don Kent. The Kents have been married for over 32 years
and have three sons, Drew, Jarad and Wayne.
Judge Kent's dedication and commitment to God, her family, the law
and to faithfully serving east Texas is evident not just from the
accomplishments already mentioned, but from the admiration and kind
words of almost anyone across the region. She has been a wise judge, a
dependable colleague, a patient instructor and a dear friend whose
leadership has been an inspiration to so very many. Whether you agreed
or disagreed with her, you never wondered where she stood. ``Shy and
withdrawn'' were never adjectives used in the same sentence with her
name.
During my years as a judge, I served at the opposite end of the
courthouse on the same hall, same floor. It was always such a comfort
to know that as difficult questions arose on exceedingly complex and
even life-and-death cases, I had a knowledgeable friend whose judgment
and advice could be trusted at the other end of the hall. All it took
was a walk down the hall to her office or she to mine for an
insightful, methodical discussion of the law to arrive at a proper
solution. I was always in awe of just how amazing she was at
multitasking like no one I had ever seen. She is truly an extraordinary
person.
Judge Kent is to be congratulated for her so many years of dedicated
service, and now with retirement, she should be thanked for her
committed devotion to the people of east Texas. My condolences on the
other hand also have to go out to Smith County residents on the loss of
such a dedicated jurist.
May God bless Judge Cynthia Stevens Kent and all of the work that she
has done.
Now Madam Speaker, at this time I would like to yield such time as he
may consume to my friend from Illinois, Mr. John Shimkus. We have been
in a financial crisis, we're told, and my friend, John Shimkus, has
been talking about something that could have avoided the whole problem.
And I would yield such time as he may consume.
Mr. SHIMKUS. Well, thank you, Judge. You're a friend and a colleague,
someone that helps us share a laugh and a joke. We also know of your
powerful oratory ability when things need to be said. I don't know if I
have seen you so emotionally engaged in this tribute to your colleague
and friend. I think that is probably one of the best tributes you can
give someone. So it was noticed by me. And I know it was noticed by
your colleague. And I know she appreciates it.
I'm going to take a few minutes just to tie two things together. We
had this great financial crisis. This financial crisis is based upon
two events. One is the subprime financial mortgage issue that has
worked its way through Wall Street. The other one is high energy
prices. And these two things have really put a damper on the economy.
We've had some great successes in this Congress with this CR that
just passed. After a good couple of months about fighting over the oil
and natural reserves in this country, we won. The OCS moratorium has
been lifted, and the moratorium on oil shale has been lifted.
Now what am I talking about? I'm talking about that we, as
legislators, especially on the Outer Continental Shelf, which are these
areas here, the red, since 1982, we said we're not going to allow any
Federal money to be spent to lease areas for exploration and recovery
of oil and gas, thus depriving the country of the revenues from those
areas and depriving those countries from the jobs that would be
created. And so we, with the consistent drumbeat, have, for this time,
for this short time, have won that fight. Also here, we see three
mountain States in which we also put off-limits recovery exploration of
oil shale. Oil shale can be turned into liquid fuels. We said we're not
going to allow any Federal money to be spent to allow that to happen.
In the continuing resolution, these moratoriums were taken off the
books so that now, we know it still takes years, the Federal Department
of Mines and Minerals are going to have to go through the regulation
and accept the request and do that action, but at least these things
can start. And when we're exploring for oil and gas and starting to
recover that, we're using oil shale to turn into fuel, we've got a
couple of things happen. We bring on more supply.
Now I'm not one that says we're going to drive prices down to prices
that they were a year, a year and a half ago. But I will say what we do
want to do at a minimum is stabilize energy prices. And hopefully we
can drive them down. But we do need to stabilize them, because the
middle class, the poor and rural America are those who are hurt the
most by high energy prices. And it hurts our ability to buy goods and
services, and it depresses our economy.
It didn't take very long for the ink to dry on the CR, the continuing
resolution, when rumors started coming out from the Democratic
leadership saying, we were just joking, as soon as we come back, we're
going to replace that moratorium on the Outer Continental Shelf, thus
depriving us of the oil and gas in those areas and depriving us of
those revenues that can be generated to help grow our economy. So I'm
just putting my friends on the other side on notice. We're going to do
what we did in this Congress next Congress. And we're going to hold
them accountable. And we're not going to allow them to take these areas
that we have now opened and open it and allow them to use it for this
political short period of time to get re-elected and then come back
here and close it. If they think they had a fight this year, wait until
next year. We are going to sharpen our swords, and we're going to be
ready to come back. And I think it's going to be much more difficult
for them to make the case that they should close these areas up.
So I want to come down here tonight, obviously a great competitor in
the political arena and public policy is the majority leader, Steny
Hoyer. Actually most of us really like the majority leader. But his
quotes today say, we're going to do this first order of business, we're
going to close these areas up. And to the majority leader, I just say,
we're ready to go and fight for this in the long haul because it will
be good for jobs and the economy and lowering the energy costs for
average Americans.
[[Page 21880]]
So Judge Gohmert, I appreciate your allowing me to share some of your
time tonight. I look forward to the conclusion of this Congress. And
I'm even looking more expectantly to the next Congress as we try to
continue to use all our natural resources that we have. We won on OCS.
We won on oil shale. We have a long way to go on coal. We still have
the Arctic National Wildlife Refuge. We have great places that we can
recover oil, gas and coal and make this country more energy
independent. And I know with your help we're going to be able to that.
Mr. GOHMERT. Would the gentleman be willing to engage in a colloquy?
Mr. SHIMKUS. I would be honored to engage in a colloquy.
Mr. GOHMERT. Here we have been hearing so much about the financial
crisis, and the Secretary of the Treasury has said that we need $700
billion to bail out Wall Street. He doesn't use those words. It's so
ironic. We've been hearing Boone Pickens talk about $700 billion. But
he has been talking about the massive transfer of wealth from the
United States to countries, many of whom don't like us, where we're
buying their oil, when we could be producing our own if the majority
would just let us do so.
So when we talk about a financial crisis, and we talk about that
influx of $700 billion being spent on American energy and American jobs
being created, because I know you and I have talked about it before,
and you haven't touched on it tonight about the effect of that $700
billion being spent on our shores in ANWR. Do you want to touch on
that?
Mr. SHIMKUS. Well I do want to highlight the fact everybody talks
about the trade deficit, and what is the biggest impact on the trade
deficit is our purchasing of energy from foreign countries, especially
in this era of high energy prices. This $700 billion number that you're
referring to is a transfer of wealth from Americans to some of our
friends, Canadians, they are our largest importer. We import from them.
They are a large exporter of energy to us, and Mexico, but we also
transfer our wealth to places where we're not sure about our
relationship. We know Venezuela is not our friend. We have an
interesting relationship with Saudi Arabia. One day we're close, and
the next day they may be funding our enemies. They fund our enemies
through oil revenues that we're paying.
There is a better way. And that is to become more energy independent.
And what I like about this debate, and I think you are alluding to it a
little bit, is when we are recovering oil and gas and oil shale and I
would say coal in other places, the government receives royalty
payments for that exploration.
{time} 2200
Congressman Barton, the ranking member now of Energy and Commerce,
has proposed, hey, if we are going to have to do this great outlay of
money to stabilize the economy, we have a place we can go for revenues.
Great idea. Let's have a pay-for. These would be great pay-fors.
Now, that hasn't really been resolved in this debate, but I still
have always historically on the floor talked about the jobs that are
created when you look for, find and then recover oil and gas in the OCS
and the oil shale. And, of course, I am talking about that because that
was part of the continuing resolution. Those are the provisions.
In fact, the majority leader of the Senate in the CR wanted to strip
this portion out. In fact, he is trying right now, to say, oh, the
House was wrong. They shouldn't have eased the moratorium on oil shale.
I want to put that back on.
I don't think he is going to be successful. But the fact that in the
Senate they want to do that and in the House they are talking already
about doing the OCS, what does that do for the average consuming
citizen of this country, and what signal does it send to the futures
markets? It says, well, is the government serious about opening supply,
or are we not?
We Republicans are serious about an all-American energy policy that
brings in all our natural resources. Are our friends on the other side
just playing a cruel joke on the country, saying yeah, we said so now,
but, man, wait until January. We are just going to take it right back.
I hope it is not a cruel joke, because it will cost my constituents a
boatload of money, our schools, our hospitals, our jobs.
Again, we need to continue the fight that we started early this
spring, through the summer, through the end of this Congress.
Mr. GOHMERT. Looking at the map that the gentleman from Illinois had
prepared, it is ironic to me. Like up in New England, we see the area
that is off limits for drilling. Well, it is not that New Englanders
are against drilling the Outer Continental Shelf. In fact, apparently
they are 100 percent for it, as long as it moves up the coast just a
little bit and our friends from Canada drill right off of their part of
the coast. Then our friends from Canada, as the gentleman has
indicated, are gracious enough to pop it back down and sell it to us.
Now, I don't know if those sands under the Outer Continental Shelf
are such that those formations, that pool is actually draining some of
our oil that they are selling back to us, or our gas and selling it
back to us. But if so, that is awfully gracious of them to do so, to
sell us back some of our own oil and gas.
Then we have people saying under no circumstances whatsoever do we
ever want any drilling done less than 50 miles off our coast. Well, you
look at Florida, the map that you have got there, you see Cuba, they
are 90 miles from the Florida coast, which nowadays under international
law most countries claim 200 miles out, except where you share an area
like that, in which case you split it.
So now Cuba is being kind enough to other countries, whether it is
Russia, China, Venezuela, to allow them to come drill within 50 miles
of the Florida coast, and, who knows, maybe they will be willing to
sell us back some of our own oil and gas too for an appropriate profit
going to those countries. But how ironic. They say they are against it,
but it is not really being against it. It is just in our little
backyard area.
I was amazed as the gentleman was talking about the arguments that
have been made for some months, and I have got to say, I thank the
gentleman from Illinois, Mr. Shimkus, who has been the leader on this
issue and been terrific about it. John Peterson from Pennsylvania, we
are going to miss him. He has been a great leader in discussing energy.
But as we talked about it through August, Ralph Regula came and spoke
one day on the floor without the mikes and with the lights dimmed. I
did not know until Mr. Regula pointed it out, he was on Resources back
in 1981, and, of course, President Carter had signed an executive
order. And in that order, and Ralph had that as well, he had said that
the Outer Continental Shelf was such a vast great resource for energy
for America, and the two words that stuck in my mind in President
Carter's order was that it should be ``developed expeditiously.''
Well, according to Ralph, they got lobbied in 1981 by wealthy
beachfront property owners on the California coast. They didn't want to
see a platform out there within their sunset. They lobbied hard and
eventually they won. Okay, we will give California a moratorium on
drilling off their coast.
According to Ralph, immediately Florida beachfront landowners, the
wealthy, not the poor and the downtrodden, not the hardest working in
America, but the wealthy beachfront property owners, and I am proud of
them, I am glad they are able to do that, they came rushing in. Wait a
minute, you gave a moratorium to the wealthy beachfront property owners
in California. We need to have one in Florida. So, they lobbied hard
enough, had the wherewithal, the money to do a good job lobbying, and
they got a moratorium.
And Ralph said, he said when they gave the moratorium to California,
the committee will rue the day we ever did it, because that was 27
years ago. Then Florida got theirs. Then other States started coming in
and saying, you gave it to California and Florida, we ought to get one
too. That is where that came from.
[[Page 21881]]
Of course, in Texas, pretty pragmatic, we heard lots of horror
stories. If you put platforms out there, it will kill all the aquatic
life. You will never get another shrimp or fish out of the gulf.
Lo and behold, we have the platforms out there. They withstood
category 5 hurricanes as far as not leaking. Some of them were
destroyed, but they still didn't leak. And I kind of thought it looked
pretty, you know. The sun sets, and out there you start seeing lights
twinkling on the horizon, it is platforms. I know I am getting energy
from it, and it is a whole lot better than having tankers come along
and leak.
I was amazed, and that came because of the discussion we had with the
lights dimmed, the microphones off, and Ralph Regula giving us a little
bit of history.
Mr. SHIMKUS. I was here that day also. And, of course, we honored
Ralph tonight at an earlier special order where the delegation from
Ohio was here, and that is the benefit of having Members who have
served a long time. They help keep the whole debate in perspective. The
new Members are firebrands, want to change the world, and that is good.
We need all sorts. We will miss the Ralph Regulas of the world.
But he wanted to come back. He wanted to participate in this debate,
because he knew the history of this. Sometimes you think, oh, it is
just the young firebrands. But he knew what we were doing, and because
he had experienced the story you just told, he said I wanted to be part
of that, because I want to set the record straight of what happened and
why, and why we need to use this great resource that we have available
for our energy security and for jobs and the economy.
Mr. GOHMERT. I appreciate the input, the insights. This deals with
the energy issue, but it deals with the financial crisis in America. As
the gentleman alluded to, this has helped contribute to a perfect storm
in America for a financial crisis. But we are not hearing people on the
other side of the aisle, and we haven't heard Secretary Paulson say,
you know what, that kind of infusion of wealth could really boost the
country, and then you wouldn't have to worry about bailing out the
greediest among us that were on Wall Street and drove some companies
into the dirt. Instead, what we have heard is we have got to spend $700
billion to build this governmental entity that will start managing
assets.
Now, I think the world of the President. I think history is going to
be good to him. He is an honorable, noble man. The biggest problem he
has I think is what Jeff Foxworthy says about people that speak with a
southern accent; people hear the accent and immediately deduct 50 IQ
points from how smart they think you are.
He is much smarter than people give him credit for. But he has
listened to people like Secretary Paulson and others who have told him
it is all gloom or all doom, and then has come before us and he said
last night only the Federal Government could be patient enough to
manage these assets.
I immediately thought, in the Resources Committee 2 years ago, in the
last Congress, we put in a biomass incentive program where we would
incentivize people to help create this alternative energy source.
People bought into that, like we wanted them to, and they started
building biomass plants. And when they are about to come on line, this
Congress in the Resources Committee comes back and knocks that out.
They say, no, we are not going to do that incentive program anymore. We
are going to spend several million dollars to study, to see whether it
is really feasible. Of course it was feasible. People relied on the
government's promise that they would have an incentive, and then we
yanked it out from under them.
So when I hear somebody say how patient the Federal Government is, we
can't even keep the same tax incentives in place for 2 years so that
people can take advantage of them. They know they would have trouble
trusting the Federal Government.
Then I can also tell you as former outside counsel for the RTC and
FDIC, I can't go into individual cases, but it is public knowledge and
you can talk to anybody who ever dealt with the RTC or FDIC, when
people knew the government owned an asset and they were needing to sell
it, even if they could sit on it for a number of years, they always
knew if the government owns it, we can pay less and get away with
paying less than if a private entity owned it. They knew that.
The same way, if the government was going to buy it, they knew they
should hold up the Federal Government, because eventually they would
get what they want, and that is just the way it works. The private
sector is the better place.
We have had some people who were greedy and ran these things into the
ground. This Congress previously, as Congressman Frank and Senator
Dodd, forced requirements on lending that caused them to make loans to
people that couldn't repay them. We have had questions arise now as to
potentially many of those loans may have been to illegal aliens, or, as
they say in Great Britain, irregular migrants. But there is an
accountability issue, and Congress has not done a good job of holding
these people accountable, and that needs to start.
I am working on a bill, and some people are not real crazy about it,
but there needs to be accountability. In the public sector, publicly
traded businesses, there is a concept in contract law called the
corporate veil. So if you are acting as an officer of a corporation and
you commit some act of negligence, the corporation can be sued, but not
pierce the corporate veil to go after the officer because he was acting
on behalf of the corporation, unless you could prove he was acting
outside that course and scope with the corporation. Then you might
pursue him personally.
I would like to see if an officer makes decisions that a reasonable
and prudent officer would not have made under the same or similar
circumstances, and it is one of the or a proximate cause towards the
demise, the bankruptcy, the insolvency of the corporation that is
publicly traded, then perhaps there should be no corporate shield, and
in the bankruptcy court the bankruptcy judge could look at the assets
of that officer and make a determination legally, was this negligence,
was it a proximate cause for the insolvency or bankruptcy, and, if so,
let's bring those millions back you got from your golden parachute and
put them back in the employee pension fund or to help some of the debts
that you ran up before you left them high and dry.
There are things we can do. I am not getting a lot of traction on
talking to friends on that, but, who knows? We may get them back.
We heard this morning that China banks have been told by their
government not to make loans, one-day loans to U.S. banks, because they
are concerned about their solvency. It is amazing that China would need
to teach us a lesson about capitalism.
But I do thank my friend from Illinois. I appreciate your
participation and insights into energy, because it is such a huge part
of the solution to our financial crisis. So I thank you.
I was intrigued when a number of our Members went over to China 3
years ago. We talked to a number of CEOs about why you moved your
company, why you moved your facilities, your plant, to China.
{time} 2215
I figured the answer would be solely, well, it was just cheap labor.
But the number one reason was that their corporate tax was half of what
our corporate tax is in the United States. Then not only that, but
China was willing to negotiate even lower taxes for a period of time to
incentivize their coming to China.
Then you talk to them further, China has had some very polluted
bodies of water, some of them were told if you will come and set your
factory up on this body of water that's totally polluted, start using
the water from that body, put it back clean, then we will cut you a
better deal on corporate tax, and that it was well worth it for them to
take advantage of that. So China was using corporations to help clean
up their environment that they had made such a mess.
[[Page 21882]]
Having been an exchange student to the Soviet Union back in 1973, I
am quite familiar with the fact that over there, any money that was
paid was supposed to go into the Federal Government. That was
socialism. Then everybody got a check got a check from this central
government. That's how socialism worked.
I didn't realize, until I went to China, they don't do it that way.
The Chinese do have a totalitarian government, and it's cause for great
concern, but they have also noticed that in Hong Kong, and around the
country, if you incentivize entrepreneurship and just take a part of
that success, you make a whole lot more money than if you just make
everybody bring in to the central coffers and then split it up equally.
That didn't work in the New Testament, when the New Testament Church
tried. It ultimately resulted in the Apostle Paul saying, if you don't
work, you don't eat.
It didn't work when the pilgrims did it. When they came to America
they had a compact that they just bring into the central storehouse and
then divided up equally. But then that ended up causing people,
pilgrims, to notice, well, I am killing myself working here, and he is
not working as hard I am, and he is getting the same amount, so they
quit working.
I will never forget going to a collective farm, outside of Kiev, and
I spoke just enough Russian back in those days when I could ask a
question. I was intrigued because it was midmorning, around 10 a.m. or
so, and there were a bunch of farmers sitting around in the shade.
I asked, you know, when do you work? Anybody that's worked on a farm
back in east Texas or in west, anywhere in Texas, knows if you are
going to work out there, you get up early, and you do everything you
can as early as you can, because it starts getting hot. It was the same
way there. I said, when do you work in Russia, and they laughed. One of
the men, and I am not sure how many rubles he said, but he said, I make
the same number of rubles if I am here in the shade or out there in the
sun, so I am here in the shade.
That's why socialism doesn't work, and that's why, when we had this
proposal from Secretary Paulson to have the government seize this
massive amount of assets and then manage them for years and years, we
could see this is the biggest step towards socialism that we could have
ever imagined in this country, couldn't believe it was being proposed
by our administration.
It's still unbelievable to me. We know the principles. As I have said
before, I started making speeches in junior high and in debates in high
school talking about the free market and entrepreneurship. If you set
the American spirit free, it's amazing what they could do.
Now they want to come in and have me say that that was all a lie? I
don't believe it was a lie. I believe the government makes sure
everybody has a level playing field, punish the wrongdoers, punish the
evildoers, but then keep that level field available out there to play
on, and then let entrepreneurship reign.
That's the best way to go. That's not what's proposed here, so there
was a bunch of others. We had a plan that we proposed in the Republican
Study Committee that would cut capital gains, cut income tax or anybody
that will come in and buy these assets.
Boy, you think about that, we would stir up the market, get them
excited about coming in and making money. It would be fantastic. We
wouldn't have to create this huge bureaucracy to do that. It just comes
back again to the USSR that lasted 70 years, because it was doomed to
failure, couldn't stand, versus the free market.
You look at Ireland. I was talking to somebody from Ireland, and I
understood them to say their corporate tax was 12 percent, China 17
percent, we are double that. France and Germany saw the way Ireland has
become, I believe, the fourth fastest-growing country in the world, as
companies are flocking in there, more jobs, better standard of living.
France and Germany, who had been tending towards socialism are now
realizing, whoa, if we will just cut our taxes, then people will flock
into here like they are into Ireland and like they have been into China
to do business.
Now, I appreciated my friend, Mr. McCotter, pointing out that
Secretary Paulson could end up with a piece of paper, he was hoping to
come away from their discussions today, come out, wave a piece of paper
in front of the cameras, say we have this agreement, and this means
fleece in our time, because Americans taxpayers would not be well
served.
I appreciate my time is about to expire, and I appreciate the time
tonight to talk about these issues, but there has got to be
accountability. I believe you will have full cooperation in making
people fully accountable on both sides of the aisle, but let's don't
turn $700 billion of the economy over to the government. Let's
incentivize good conduct. Let's incentivize the free market at work
because socialism doesn't.
I yield back and appreciate this opportunity.
____________________
SPECIAL ORDERS GRANTED
By unanimous consent, permission to address the House, following the
legislative program and any special orders heretofore entered, was
granted to:
(The following Members (at the request of Mr. Arcuri) to revise and
extend their remarks and include extraneous material:)
Ms. Woolsey, for 5 minutes, today.
Mr. Kagen, for 5 minutes, today.
Mr. McDermott, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Ms. Kaptur, for 5 minutes, today.
Mr. Holt, for 5 minutes, today.
Mr. Sherman, for 5 minutes, today.
(The following Members (at the request of Mr. Sali) to revise and
extend their remarks and include extraneous material:)
Mr. McCotter, for 5 minutes, today.
Mr. McHenry, for 5 minutes, today.
Mr. Garrett of New Jersey, for 5 minutes, today.
Mr. Pence, for 5 minutes, today.
Mr. Gohmert, for 5 minutes, today.
(The following Members (at their own request) to revise and extend
their remarks and include extraneous material:)
Mr. Manzullo, for 5 minutes, today.
Mr. Shimkus, for 5 minutes, today.
Mr. Roskam, for 5 minutes, today.
____________________
SENATE BILLS REFERRED
Bills of the Senate of the following titles were taken from the
Speaker's table and, under the rule, referred as follows:
S. 1276. An act to facilitate the creation of
methamphetamine precursor electronic logbook systems, and for
other purposes; to the Committee on Energy and Commerce in
addition to the Committee on the Judiciary for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
S. 2840. An act to establish a liaison with the Federal
Bureau of Investigation in United States Citizenship and
Immigration Services to expedite naturalization applications
filed by members of the Armed Forces and to establish a
deadline for processing such applications; to the Committee
on the Judiciary.
S. 3550. An act to designate a portion of the Rappahannock
River in the Commonwealth of Virginia as the ``John W. Warner
Rapids''; to the Committee on Natural Resources.
S. 3560. An act to amend title XIX of the Social Security
Act to provide additional funds for the qualifying individual
(QI) program, and for other purposes; to the Committee on
Energy and Commerce.
____________________
ADJOURNMENT
Mr. GOHMERT. Madam Speaker, I move that the House do now adjourn.
The motion was agreed to; accordingly (at 10 o'clock and 22 minutes
p.m.), the House adjourned until tomorrow, Friday, September 26, 2008,
at 9 a.m.
____________________
EXECUTIVE COMMUNICATIONS, ETC.
Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:
[[Page 21883]]
8638. A letter from the Congressional Review Coordinator,
Department of Agriculture, transmitting the Department's
final rule -- National Animal Identification System; Use of
840 Animal Identification Numbers for U.S.-Born Animals Only
[Docket No. APHIS-2008-0077] (RIN: 0579-AC84) received
September 18, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
8639. A letter from the Congressional Review Coordinator,
Department of Agriculture, transmitting the Department's
final rule -- Tuberculosis; Amend the Status of California
From Accredited Free to Modified Accredited Advanced [Docket
No. APHIS-2008-0067] received September 18, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
8640. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Pesticides; Food Packaging Treated
with a Pesticide [EPA-HQ-OPP-2006-0175; FRL-8382-3] received
September 23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Agriculture.
8641. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Pendimethalin; Pesticide Tolerances
[EPA-HQ-OPP-2008-0405; FRL-8368-8] received September 23,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
8642. A letter from the Comptroller, Department of Defense,
transmitting a letter to report a violation of the
Antideficiency Act, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
8643. A letter from the Deputy Secretary, Department of
Defense, transmitting an amendment to the list of payment-in-
kind (PIK) projects required by U.S. Army Europe, pursuant to
Public Law 101-510, section 2921; to the Committee on Armed
Services.
8644. A letter from the Under Secretary for Personnel and
Readiness, Department of Defense, transmitting the
Department's 2008 Report to Congress on Sustainable Ranges,
pursuant to Section 366 of the National Defense Authorization
Act for Fiscal Year 2003; to the Committee on Armed Services.
8645. A letter from the Regulatory Specialist Legislative
and Regulatory Activities Division, Department of the
Treasury, transmitting the Department's final rule --
Assessment of Fees [Docket No. OCC-2008-0013] (RIN: 1557-
AD06) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Financial Services.
8646. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the System's final rule --
Transactions Between Member Banks and Their Affiliates:
Exemption for Certain Securities Financing Transactions
Between a Member Bank and an Affiliate [Regulation W; Docket
No. R-1330] received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Financial Services.
8647. A letter from the Assistant Secretary, Securities and
Exchange Commission, transmitting the Commission's final rule
-- COMMISSION GUIDANCE AND REVISIONS TO THE CROSS-BORDER
TENDER OFFER, EXCHANGE OFFER, RIGHTS OFFERINGS, AND BUSINESS
COMBINATION RULES AND BENEFICIAL OWNERSHIP REPORTING RULES
FOR CERTAIN FOREIGN INSTITUTIONS [RELEASE NOS. 33-8957; 34-
58597; FILE NO. S7-10-08] (RIN: 3235-AK10) received September
23, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Financial Services.
8648. A letter from the Assistant Secretary for Employment
Standards, Department of Labor, transmitting the Department's
annual report to Congress on the FY 2005 operations of the
Office of Workers' Compensation Programs; to the Committee on
Education and Labor.
8649. A letter from the Acting Assistant Secretary for
Communications and Information, Department of Commerce,
transmitting the Department's final rule -- Household
Eligibility and Application Process of the Coupon Program for
Individuals Residing in Nursing Homes, Intermediate Care
Facilities, Assisted Living Facilities and Households that
Utilize Post Office Boxes [Docket Number: 080324461-81121-02]
(RIN: 0660-AA17) received September 23, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
8650. A letter from the Attorney, Office of General Counsel
for Legislation and Regulatory Law, Department of Energy,
transmitting the Department's final rule -- Coordination of
Federal Authorizations for Electric Transmission Facilities
(RIN: 1901-AB18) received September 24, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
8651. A letter from the Associate Administrator,
Environmental Protection Agency, transmitting a draft bill to
amend the Toxic Substances Control Act; to the Committee on
Energy and Commerce.
8652. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Standards of Performance for Petroleum
Refineries [EPA-HQ-OAR-2007-0011; FRL-8721-5] (RIN: 2060-
AN72) received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
8653. A letter from the Assistant Secretary for Export
Administration, Department of Commerce, transmitting the
Department's final rule -- Addition of Certain Persons to the
Entity List; Removal of General Order from the Export
Administration Regulations (EAR) [Docket No. 0809021173-
81210-01] (RIN: 0694-AE46) received September 22, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Foreign Affairs.
8654. A letter from the Acting Assistant Secretary
Legislative Affairs, Department of State, transmitting a
report from the Accountability Review Board, pursuant to 2
U.S.C. 4831 et seq., section 301; to the Committee on Foreign
Affairs.
8655. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-503, ``St.
Martin Apartments Tax Exemption Temporary Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
8656. A letter from the Assistant Administrator Bureau for
Legislative and Public Affairs, Agency for International
Development, transmitting Year 2007 A-76 Inventory of
Commercial Activities for FY 2006 for the U.S. Agency for
International Development, pursuant to the Federal Activities
Inventory Reform Act of 1998; to the Committee on Oversight
and Government Reform.
8657. A letter from the Secretary, Department of Homeland
Security, transmitting the Department's Strategic Plan for
Fiscal Years 2008-2013, pursuant to Public Law 103-62; to the
Committee on Oversight and Government Reform.
8658. A letter from the Acting Assoc. Gen. Counsel for
General Law, Department of Homeland Security, transmitting a
report pursuant to the Federal Vacancies Reform Act of 1998;
to the Committee on Oversight and Government Reform.
8659. A letter from the Acting White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
8660. A letter from the Acting White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
8661. A letter from the Acting White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
8662. A letter from the Chairman, National Endowment for
the Arts, transmitting the Endowment's FY 2008 inventory of
commercial activities performed by Federal employees,
pursuant to Public Law 105-270; to the Committee on Oversight
and Government Reform.
8663. A letter from the Deputy General Counsel, Office of
National Drug Control Policy, Executive Office of the
President, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
8664. A letter from the Acting Director, Office of
Personnel Management, transmitting the Office's final rule --
National Security Personnel System (RIN: 3206-AL62) received
September 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Oversight and Government Reform.
8665. A letter from the Acting Chief, Regulatory Affairs,
Department of the Interior, transmitting the Department's
final rule -- Minerals Management: Adjustment of Cost
Recovery Fees [WO-310-1310-PP-24 1A] (RIN: 1004-AE01)
received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
8666. A letter from the Chief, Branch of Recovery and
Delisting, Department of the Interior, transmitting the
Department's final rule -- Endangered and Threatened Wildlife
and Plants; Final Rule Removing the Virginia Northern Flying
Squirrel (Glaucomys sabrinus fuscus) From the Federal List of
Endangered and Threatened Wildlife [[FWS-R5-ES-2008-
0005][92220-1113-0000-C6]] (RIN: 1018-AT37) received
September 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
8667. A letter from the Director, Office of Surface Mining,
Department of the Interior, transmitting the Department's
final rule -- Alabama Regulatory Program [SATS No. AL-074-
FOR; Docket No. OSM-2008-0015] received September 18, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
8668. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Reallocation of Atka Mackerel in the Bering Sea and Aleutian
Islands Management Area [Docket No. 071106673-8011-02] (RIN:
0648-XJ32) received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
8669. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pelagic Shelf Rockfish for Catcher Processors Participating
in the Rockfish
[[Page 21884]]
Limited Access Fishery in the Central Regulatory Area of the
Gulf of Alaska [Docket No. 071106671-8010-02] (RIN: 0648-
XJ38) received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
8670. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Shortraker Rockfish in the Western Regulatory Area of the
Gulf of Alaska [Docket No. 071106671-8010-02] (RIN: 0648-
XJ64) received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
8671. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area [Docket No. 071106673-8011-02] (RIN: 0648-XK14) received
September 20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
8672. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; Biennial
Specifications and Management Measures; Inseason Adjustments
[Docket No. 060824226-6322-02] (RIN: 0648-AX02) received
September 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
8673. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Summer
Flounder Fishery; Commercial Quota Harvested for the
Commonwealth of Massachusetts [Docket No. 071030625-7696-02]
(RIN: 0648-XJ37) received September 25, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
8674. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Closure [Docket No. 080326475-8686-02] (RIN: 0648-
XJ27) received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
8675. A letter from the Secretary, Department of Health and
Human Services, transmitting a letter designating additional
members of the special exposure cohort under the Energy
Employees Occupational Illness Compensation Program Act of
2000, pursuant to 42 C.F.R. pt. 83; to the Committee on the
Judiciary.
8676. A letter from the Assistant Secretary of the Army for
Civil Works, Department of Defense, transmitting the
Department's feasibility report on the Whitewater River
Basin, California; to the Committee on Transportation and
Infrastructure.
8677. A letter from the Assistant Secretary of the Army for
Civil Works, Department of Defense, transmitting the
Department's interim feasibility report for Port Mahon,
Delaware; to the Committee on Transportation and
Infrastructure.
8678. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Financial
Responsibility for Water Pollution (Vessels) and OPA 90
Limits of Liability (Vessels and Deepwater Ports) [Docket No.
USCG-2005-21780] (RIN: 1625-AA98) received September 25,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8679. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Training and
Service Requirements for Merchant Marine Officers [Docket no.
USCG-2006-26202] (RIN: 1625-AB10) received September 25,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8680. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone; Gulf
of Mexico -- Johns Pass, FL [Docket No. USCG-2008-0290] (RIN:
1625-AA00) received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8681. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Safety Zone;
Patchogue Bay, Patchogue, NY [Docket No. USCG-2008-0264]
(RIN: 1625-AA00) received September 25, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8682. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Security Zone;
Potomac River, Boundary Channel and Pentagon Lagoon,
Washington, DC [Docket No. USCG-2008-0902] (RIN: 1625-AA87)
received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8683. A letter from the Chief, Regulations and
Administrative Law, Department of Homeland Security,
transmitting the Department's final rule -- Security Zone:
Rocket Launch, NASA Wallops Flight Facility (WFF), Wallops
Island, VA [Docket No. USCG-2008-0823] (RIN: 1625-AA87)
received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8684. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No. 30604; Amdt. No 3266] received September 25,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8685. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; De Havilland Support Limited Model
Beagle B.121 Series 1, 2, and 3 Airplanes [Docket No. FAA-
2007-0248 Directorate Identifier 2007-CE-084-AD; Amendment
39-15500; AD 2008-09-19] (RIN: 2120-AA64) received September
25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
8686. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model DC-10-10,
DC-10-10F, DC-10-15, and MD-10-10F Airplanes [Docket No. FAA-
2008-0015; Directorate Identifier 2007-NM-328-AD; Amendment
39-15498; AD 2008-09-17] (RIN: 2120-AA64) received September
25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
8687. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Airbus A318, A319, A320, and A321
Series Airplanes [Docket No. FAA-2007-0081; Directorate
Identifier 2007-NM-186-AD; Amendment 39-15497; AD 2008-09-16]
(RIN: 2120-AA64) received September 25, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8688. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Cessna Aircraft Company 172, 175,
180, 182, 185, 206, 207, 208, 210, and 303 Series Airplanes
[Docket No. FAA-2008-0471; Directorate Identifier 2008-CE-
025-AD; Amendment 39-15508; AD 2008-10-02] (RIN: 2120-AA64)
received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8689. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 777-200, -200LR, -300,
and -300ER Series Airplanes Approved for Extended-range Twin-
engine Operational Performance Standards (ETOPS) [Docket No.
FAA-2008-0673; Directorate Identifier 2008-NM-117-AD;
Amendment 39-15606; AD 2008-14-11] (RIN: 2120-AA64) received
September 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
8690. A letter from the Regulations Officer, Federal
Highway Administration, Department of Transportation,
transmitting the Department's final rule -- Advance
Construction of Federal-Aid Projects [FHWA Docket No. FHWA-
2007-0020] (RIN: 2125-AF23) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
8691. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Gulfstream Aerospace LP Model Astra
SPX, 1125 Westwind Astra, and Gulfstream 100 Airplanes
[Docket No. FAA-2008-0299; Directorate Identifier 2007-NM-
254-AD; Amendment 39-15593; AD 2008-13-30] (RIN: 2120-AA64)
received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
8692. A letter from the Director, Regulation Policy &
Management, Department of Veterans Affairs, transmitting the
Department's final rule -- Schedule of Rating Disabilities;
Evaluation of Residuals of Traumatic Brain Injury (TBI) (RIN:
2900-AM75) received September 23, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
8693. A letter from the Director, Regulation Policy &
Management, Department of Veterans Affairs, transmitting the
Department's final rule -- Presumption of Service Connection
for Amyotrophic Lateral Sclerosis (RIN: 2900-AN05) received
September 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
8694. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
``Major'' final rule -- Medicare Program; Inpatient Hospital
Deductible and Hospital and Extended Care Services
Coinsurance Amounts for Calendar Year 2009 [CMS-8034-N] (RIN:
0938-AP03) received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
[[Page 21885]]
8695. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
``Major'' final rule -- Medicare Program; Part A Premium for
Calendar Year 2009 for the Uninsured Aged and for Certain
Disabled Individuals Who Have Exhausted Other Entitlement
[CMS-8035-N] (RIN: 0938-AP04) received September 19, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
8696. A letter from the Chief, Publications and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Change in Method of Accounting [Announcement
2008-84] received September 26, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
8697. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- Tax-Exempt Bond Partnerships:
Eligibility for Monthly Closing Elections [Notice 2008-80]
received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
8698. A letter from the Chief, Publications and Regulations
Unit, Internal Revenue Service, transmitting the Service's
final rule -- Tax-exempt Money Market funds -- Temporary
Treasury Program to Support Money Market Funds -- No
Violation of Restrictions Against Federal Guarantees of Tax-
exempt bonds Under Section 149(b) [Notice 2008-81] received
September 25, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Ways and Means.
8699. A letter from the Chief, Publications and
Regulations, Internal Revenue Service, transmitting the
Service's final rule -- 26 CFR 601.601: Rules and
regulations. (Also Part I, 61, 1001) (Rev. Proc. 2008-58)
received September 25, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Ways and Means.
8700. A letter from the Associate Administrator,
Environmental Protection Agency, transmitting a draft bill to
amend the Pesticide Registration Improvement Renewal Act, the
Federal Insecticide, Fungicide, and Rodenticide Act, and the
Federal Food, Drug, and Cosmetic Act in relation to fees, and
for other purposes; jointly to the Committees on Agriculture
and Energy and Commerce.
8701. A letter from the Assistant Secretary of the Army,
Department of Defense, transmitting a report entitled,
``Report On Alternative Measures To Address Cracks In the
Monument At The Tomb Of The Unknowns At Arlington National
Cemetary, Virginia,'' pursuant to Public Law 110-181, section
2873; jointly to the Committees on Veterans' Affairs and
Armed Services.
8702. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
``Major'' final rule -- Medicare Program; Medicare Part B
Monthly Actuarial Rates, Premium Rate, and Annual Deductible
Beginning January 1, 2009 [CMS-8036-N] (RIN: 0938-APOO)
received September 19, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); jointly to the Committees on Ways and Means and
Energy and Commerce.
____________________
REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XIII, reports of committees were delivered to
the Clerk for printing and reference to the proper calendar, as
follows:
Mr. WELCH of Vermont: Committee on Rules. House Resolution
1500. Resolution providing for consideration of motions to
suspend the rules (Rept. 110-883). Referred to the House
Calendar.
Mr. ARCURI: Committee on Rules. House Resolution 1501.
Resolution providing for consideration of the bill (H.R.
7060) to amend the Internal Revenue Code of 1986 to provide
incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax
relief, and for other purposes (Rept. 110-884). Referred to
the House Calendar.
Mr. DELAHUNT: Report of the Select Committee to Investigate
the Voting Irregularities of August 2, 2007 (Rept. 110-885).
Referred to the House Calendar.
Mr. BRADY of Pennsylvania: Committee on House
Administration. H.R. 6339. A bill to amend title 5, United
States Code, to provide additional leave for Federal
employees to serve as poll workers, and to direct the
Election Assistance Commission to make grants to States for
poll worker recruitment and training; with an amendment
(Rept. 110-886, Pt. 1). Ordered to be printed.
Mr. ARCURI: Committee on Rules. House Resolution 1502.
Resolution providing for consideration of the bill (H.R.
7060) to amend the Internal Revenue Code of 1986 to provide
incentives for energy production and conservation, to extend
certain expiring provisions, to provide individual income tax
relief, and for other purposes (Rept. 110-887). Referred to
the House Calendar.
Ms. CASTOR: Committee on Rules. House Resolution 1503.
Resolution waiving a requirement of clause 6(a) of rule XIII
with respect to consideration of certain resolutions reported
from the Committee on Rules (Rept. 110-888). Referred to the
House Calendar.
Mr. DINGELL: Committee on Energy and Commerce. H.R. 1157. A
bill to amend the Public Health Service Act to authorize the
Director of the National Institute of Environmental Health
Sciences to make grants for the development and operation of
research centers regarding environmental factors that may be
related to the etiology of breast cancer; with an amendment
(Rept. 110-889). Referred to the Committee of the Whole House
on the State of the Union.
Mr. BRADY of Pennsylvania: Committee on House
Administration. H.R. 6474. A bill to authorize the Chief
Administrative Officer of the House of Representatives to
carry out a series of demonstration projects to promote the
use of innovative technologies in reducing energy consumption
and promoting energy efficiency and cost savings in the House
of Representatives (Rept. 110-890). Referred to the Committee
of the Whole House on the State of the Union.
____________________
PUBLIC BILLS AND RESOLUTIONS
Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:
By Mr. RANGEL:
H.R. 7060. A bill to amend the Internal Revenue Code of
1986 to provide incentives for energy production and
conservation, to extend certain expiring provisions, to
provide individual income tax relief, and for other purposes;
to the Committee on Ways and Means.
By Mr. BERMAN (for himself, Mr. Ackerman, and Mr.
Faleomavaega):
H.R. 7061. A bill to approve the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy,
and for other purposes; to the Committee on Foreign Affairs,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. FEENEY (for himself, Mr. Pearce, and Mr. Weldon
of Florida):
H.R. 7062. A bill to authorize the Administrator of the
National Aeronautics and Space Administration to develop a
plan to guarantee access to the International Space Station,
and for other purposes; to the Committee on Science and
Technology, and in addition to the Committee on Foreign
Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned.
By Ms. LORETTA SANCHEZ of California:
H.R. 7063. A bill to raise achievement in international
education in elementary schools and secondary schools through
grants to improve teacher competency and to support programs
in international education that supplement core curricula in
such schools, and for other purposes; to the Committee on
Education and Labor.
By Mr. KAGEN:
H.R. 7064. A bill to amend the Internal Revenue Code of
1986 to increase the credit amount for new qualified
alternative fuel motor vehicles weighing more than 26,000
pounds and to increase the credit for certain alternative
fuel vehicle refueling properties, and for other purposes; to
the Committee on Ways and Means.
By Mr. PASCRELL (for himself, Mr. Moran of Kansas, Mr.
McGovern, and Mrs. Capps):
H.R. 7065. A bill to amend the Public Health Service Act to
address health workforce shortages; to the Committee on
Energy and Commerce.
By Mr. RANGEL:
H.R. 7066. A bill to amend the Internal Revenue Code of
1986 to expand the work opportunity tax credit to include
disconnected youth; to the Committee on Ways and Means.
By Mr. ALTMIRE:
H.R. 7067. A bill to amend title XVIII of the Social
Security Act to expand the development of quality measures
for inpatient hospital services, to implement a performance-
based payment methodology for the provision of such services
under the Medicare Program, and for other purposes; to the
Committee on Ways and Means.
By Ms. ROS-LEHTINEN (for herself, Mr. Burton of
Indiana, Mr. Mack, and Mr. Chabot):
H.R. 7068. A bill to enhance the security of the Western
Hemisphere and bolster regional capacity and cooperation to
counter current and emerging threats, to promote cooperation
in the Western Hemisphere to prevent the proliferation of
nuclear, chemical, and biological weapons, to secure
universal adherence to agreements regarding nuclear
nonproliferation, and for other purposes; to the Committee on
Foreign Affairs.
By Mrs. MALONEY of New York (for herself, Mr. Gonzalez,
Mr. Clay, Mr. Honda, and Mr. Waxman):
H.R. 7069. A bill to make the Census Bureau an independent
establishment; to the Committee on Oversight and Government
Reform.
By Ms. ROS-LEHTINEN (for herself, Mr. Burton of
Indiana, Mr. Royce, and Mr. Pence):
[[Page 21886]]
H.R. 7070. A bill to amend the United States International
Broadcasting Act of 1994 to reorganize United States
international broadcasting, and for other purposes; to the
Committee on Foreign Affairs.
By Mr. SULLIVAN (for himself, Mr. Gingrey, Mr.
Kingston, Mr. Broun of Georgia, Mr. Franks of
Arizona, Mr. Gohmert, Mr. Walberg, Ms. Fallin, Mr.
Bartlett of Maryland, Mr. Akin, and Mr. Shuster):
H.R. 7071. A bill to establish a commission to recommend
the elimination or realignment of Federal agencies that are
duplicative or perform functions that would be more efficient
on a non-Federal level, and for other purposes; to the
Committee on Oversight and Government Reform, and in addition
to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. McKEON (for himself, Mr. Keller, Mr. Hoekstra,
Mr. Platts, Mr. Wilson of South Carolina, Mr. Kline
of Minnesota, Mr. Marchant, Mr. Fortuno, Mr.
Boustany, Mr. Bishop of Utah, Mr. David Davis of
Tennessee, and Mrs. Biggert):
H.R. 7072. A bill to make technical corrections in the
Ensuring Continued Access to Student Loans Act of 2008; to
the Committee on Education and Labor.
By Mr. DICKS:
H.R. 7073. A bill to transfer certain land to the United
States to be held in trust for the Hoh Indian Tribe, to place
land into trust for the Hoh Indian Tribe, and for other
purposes; to the Committee on Natural Resources.
By Mr. GONZALEZ:
H.R. 7074. A bill to amend the Internal Revenue Code of
1986 to simplify the deduction for use of a portion of a
residence as a home office by providing an optional standard
home office deduction; to the Committee on Ways and Means.
By Mr. POE:
H.R. 7075. A bill to provide Federal assistance to assist
an eligible State to purchase and install transfer switches
and generators at designated emergency service stations in
hurricane zones within such State; to the Committee on
Transportation and Infrastructure.
By Mr. SPACE (for himself and Mr. Turner):
H.R. 7076. A bill to resolve the alcohol beverage franchise
dispute resolution process; to the Committee on the
Judiciary.
By Mr. DINGELL:
H.R. 7077. A bill to amend title XIX of the Social Security
System to provide additional funds for the qualifying
individual (QI) program, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. KENNEDY:
H.R. 7078. A bill to increase awareness of and research on
autoimmune diseases, which are a major women's health
problem, affect as many as 23.5 million Americans, and
encompass more than 100 interrelated diseases, such as lupus,
multiple sclerosis, rheumatoid arthritis, Sjogren's syndrome,
polymyositis, pemphigus, myasthenia gravis, Wegener's
granulomatosis, psoriasis, celiac disease, autoimmune
platelet disorders, scleroderma, alopecia areata, vitiligo,
autoimmune thyroid disease, and sarcoidosis, and for other
purposes; to the Committee on Energy and Commerce.
By Mr. SCOTT of Virginia:
H.R. 7079. A bill to require the Secretary of Health and
Human Services to carry out a demonstration grants program to
provide for certain patient coordination, outreach, and
assistance services to reduce barriers to receiving health
care and improve health care outcomes; to the Committee on
Energy and Commerce.
By Mr. BOEHNER (for himself, Mr. Smith of Texas, and
Mr. Blunt):
H.R. 7080. A bill to eliminate certain provisions of law
providing benefits to trial lawyers, and for other purposes;
to the Committee on the Judiciary, and in addition to the
Committee on Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BERMAN (for himself, Mr. Ackerman, Mr.
Faleomavaega, Mr. Wexler, Mr. Engel, Mr. Crowley, and
Mr. Lampson):
H.R. 7081. A bill to approve the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear Energy,
and for other purposes; to the Committee on Foreign Affairs,
and in addition to the Committee on Rules, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. RAMSTAD (for himself and Mr. Lewis of Georgia):
H.R. 7082. A bill to amend the Internal Revenue Code of
1986 to permit the Secretary of the Treasury to disclose
certain prisoner return information to the Federal Bureau of
Prisons; to the Committee on Ways and Means.
By Mr. LEWIS of Georgia (for himself, Mr. Ramstad, Mr.
Thompson of California, Mr. Kind, Mr. Pomeroy, and
Mr. Neal of Massachusetts):
H.R. 7083. A bill to amend the Internal Revenue Code of
1986 to enhance charitable giving and improve disclosure and
tax administration; to the Committee on Ways and Means.
By Mr. INSLEE (for himself, Mr. Conyers, Mr. Smith of
Texas, Mr. Berman, and Mr. Manzullo):
H.R. 7084. A bill to amend section 114 of title 17, United
States Code, to provide for agreements for the reproduction
and performance of sound recordings by webcasters; to the
Committee on the Judiciary.
By Mr. BACA:
H.R. 7085. A bill to require that the poverty line
determined for the State of Alaska be used for all the States
and the District of Columbia, during a 6-month period for the
purpose of carrying out the Food and Nutrition Act of 2008
and the Richard B. Russell National School Lunch Act; to the
Committee on Agriculture, and in addition to the Committee on
Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the
committee concerned.
By Mr. BARRETT of South Carolina (for himself, Mr.
Brown of South Carolina, Mr. Wilson of South
Carolina, and Mr. Inglis of South Carolina):
H.R. 7086. A bill to help our Nation meet our growing
energy needs and strengthen our energy security through the
development of nuclear power in the United States; to the
Committee on Energy and Commerce, and in addition to the
Committees on Ways and Means, Rules, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. CLARKE:
H.R. 7087. A bill to amend the Small Business Act to
establish a mentorship program designed to help minority and
women-owned small businesses build their capacities and
access to contracting opportunities in the construction
industry; to the Committee on Small Business.
By Mr. CUELLAR:
H.R. 7088. A bill to amend the Robert T. Stafford Disaster
Relief and Emergency Assistance Act to authorize funding for
emergency management performance grants to provide for
domestic preparedness and collective response to catastrophic
incidents, and for other purposes; to the Committee on
Transportation and Infrastructure, and in addition to the
Committee on Homeland Security, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. DAVIS of Illinois:
H.R. 7089. A bill to amend title 18, United States Code, to
restore the former system of good time allowances toward
service of Federal prison terms, and for other purposes; to
the Committee on the Judiciary.
By Ms. ESHOO (for herself, Mrs. Maloney of New York,
Ms. Lee, Mr. Van Hollen, Mr. Wexler, Ms. Schwartz,
Ms. Eddie Bernice Johnson of Texas, Mr. Farr, Mr.
Cohen, Mr. Nadler, Mr. Carson, Mrs. Capps, Mr.
Faleomavaega, Mr. Kennedy, Mrs. Christensen, Ms.
Jackson-Lee of Texas, Mr. McNulty, Mr. Kucinich, Mr.
Stark, Mr. Andrews, Ms. Woolsey, Mr. Hinchey, Mr.
Payne, Mr. Serrano, Mr. Schiff, Mr. Moran of
Virginia, Mr. Olver, Mr. Ackerman, Mr. Jackson of
Illinois, Mr. Langevin, Mr. Berman, Mr. Rothman, Mr.
Towns, Mr. Bishop of New York, Ms. DeLauro, Mr. Moore
of Kansas, Ms. Zoe Lofgren of California, Mr. Honda,
Mr. Waxman, Ms. Slaughter, Mr. Hare, Mrs. Tauscher,
Mr. McGovern, Mr. McDermott, Mr. Clay, Mr. Hastings
of Florida, Mr. Capuano, Ms. Berkley, Ms. Schakowsky,
Ms. Sutton, Mr. Carnahan, Mr. Holt, Mr. Lewis of
Georgia, Mr. Miller of North Carolina, Mr. Conyers,
Mrs. Lowey, Ms. Hirono, Mr. Emanuel, Mr. Sestak, Mrs.
McCarthy of New York, Ms. Corrine Brown of Florida,
Ms. Norton, Mr. Engel, Mr. Gutierrez, Mr. Weiner, Mr.
Markey, Mr. George Miller of California, Ms. McCollum
of Minnesota, Mr. Frank of Massachusetts, Mrs.
Napolitano, and Mr. Shays):
H.R. 7090. A bill to amend the Forest and Rangeland
Renewable Resources Planning Act of 1974 and related laws to
strengthen the protection of native biodiversity and ban
clearcutting on Federal land, to designate certain Federal
land as Ancient forests, roadless areas, watershed protection
areas, and special areas where logging and other intrusive
activities are prohibited, to transfer administrative
jurisdiction of Giant Sequoia National Monument to the
National Park Service, to consider areas for inclusion in the
National Park System, and for other purposes; to the
Committee on Natural Resources, and in addition to the
Committee on
[[Page 21887]]
Agriculture, for a period to be subsequently determined by
the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee
concerned.
By Mr. FORTENBERRY (for himself and Mrs. McMorris
Rodgers):
H.R. 7091. A bill to encourage and assist women throughout
pregnancy by providing services that will alleviate the
financial, social, emotional, and other difficulties that may
otherwise lead to an abortion; to the Committee on Energy and
Commerce, and in addition to the Committees on Ways and
Means, and Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Ms. FOXX:
H.R. 7092. A bill to amend title 31, United States Code, to
end speculation on the current cost of multilingual services
provided by the Government, and for other purposes; to the
Committee on Oversight and Government Reform.
By Mr. FRANK of Massachusetts (for himself and Mr.
Chabot):
H.R. 7093. A bill to require the accreditation of English
language training programs, and for other purposes; to the
Committee on the Judiciary.
By Mr. HENSARLING (for himself, Mr. Garrett of New
Jersey, Mr. Flake, Mr. Pence, Mr. Sali, Mr. Broun of
Georgia, Mr. Tancredo, Mr. Gingrey, Mr. Sullivan, Mr.
Lamborn, Mr. Walberg, Mr. Jordan, Mr. Gohmert, and
Mr. Burton of Indiana):
H.R. 7094. A bill to establish a term certain for the
conservatorships of Fannie Mae and Freddie Mac, to provide
conditions for continued operation of such enterprises, and
to provide for the wind down of such operations and the
dissolution of such enterprises; to the Committee on
Financial Services.
By Ms. HERSETH SANDLIN (for herself and Mr. Hinchey):
H.R. 7095. A bill to amend the Internal Revenue Code of
1986 to allow individuals a deduction for qualified long-term
care insurance premiums, a credit for individuals who care
for those with long-term care needs, and for other purposes;
to the Committee on Ways and Means, and in addition to the
Committee on Education and Labor, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. HIGGINS:
H.R. 7096. A bill to amend the Internal Revenue Code of
1986 to allow a deduction for income attributable to business
activities conducted in high job-loss areas; to the Committee
on Ways and Means.
By Mr. HIGGINS (for himself, Mr. Emanuel, and Mr.
Nunes):
H.R. 7097. A bill to promote biogas production, and for
other purposes; to the Committee on Ways and Means.
By Mr. LEVIN (for himself, Mr. George Miller of
California, and Mr. Ramstad):
H.R. 7098. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income discharges of student loans
the repayment of which is income contingent or income based;
to the Committee on Ways and Means.
By Mr. DANIEL E. LUNGREN of California (for himself and
Mr. Poe):
H.R. 7099. A bill to amend titles 46 and 18, United States
Code, with respect to the operation of submersible vessels
and semi-submersible vessels without nationality; to the
Committee on the Judiciary, and in addition to the Committee
on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the
jurisdiction of the committee concerned.
By Mr. McCOTTER:
H.R. 7100. A bill to allow a refundable credit against
Federal income tax for expired digital-to-analog converter
box coupons; to the Committee on Ways and Means.
By Mr. MICHAUD:
H.R. 7101. A bill to establish a task force to lower energy
costs for the forest product industry and similar
manufacturing operations, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. ORTIZ (for himself and Mr. Brady of Texas):
H.R. 7102. A bill to assure the safety of expeditionary
facilities, infrastructure, and equipment supporting United
States military operations overseas; to the Committee on
Armed Services.
By Mr. POMEROY (for himself and Mr. Brady of Texas):
H.R. 7103. A bill to amend the Internal Revenue Code of
1986 to clarify the employment tax treatment and reporting of
wages paid by professional employer organizations; to the
Committee on Ways and Means.
By Mr. PORTER:
H.R. 7104. A bill to establish a legislative commission to
examine the causes of the financial crisis of 2008; to the
Committee on Financial Services.
By Mr. SAXTON (for himself and Mr. Smith of New
Jersey):
H.R. 7105. A bill to amend title XVIII of the Social
Security Act to preserve access to urban Medicare-dependent
hospitals; to the Committee on Ways and Means.
By Mr. SMITH of New Jersey:
H.R. 7106. A bill to prohibit the closure of Fort Monmouth,
New Jersey, notwithstanding the recommendations of the
Defense Base Closure and Realignment Commission; to the
Committee on Armed Services.
By Mr. SMITH of New Jersey:
H.R. 7107. A bill to require, as a condition of
participation in the programs under title IV of the Higher
Education Act of 1965, public institutions of higher
education to charge dependent children of members of the
Armed Forces a rate of tuition equal to the rate of tuition
charged to in-State residents; to the Committee on Education
and Labor.
By Mr. STUPAK:
H.R. 7108. A bill to name the front circle drive in front
of the Oscar G. Johnson Department of Veterans Affairs
Medical Facility in Iron Mountain, Michigan, as ``Sergeant
First Class James D. Priestap Drive''; to the Committee on
Veterans' Affairs.
By Mr. YOUNG of Alaska:
H.R. 7109. A bill to prohibit the Secretary of the Interior
from authorizing commercial finfish aquaculture operations in
the Exclusive Economic Zone; to the Committee on Natural
Resources.
By Mr. CONAWAY (for himself, Mr. Rodriguez, Mr.
Bartlett of Maryland, Mr. Bilbray, Mr. Boustany, Mr.
Brown of South Carolina, Mr. Burton of Indiana, Mr.
Carter, Mr. Culberson, Mr. Doggett, Mr. Feeney, Mr.
Gohmert, Ms. Granger, Mr. Gene Green of Texas, Mr.
Hensarling, Ms. Jackson-Lee of Texas, Mr. Sam Johnson
of Texas, Mr. Kuhl of New York, Mr. Lucas, Mr.
McCarthy of California, Mr. Gary G. Miller of
California, Mr. Nunes, Mr. Paul, Mr. Pomeroy, Mr.
Sessions, Mr. Shuster, Mr. Terry, Mr. Tiahrt, Mr.
Wilson of South Carolina, Mr. Barton of Texas, Mrs.
Blackburn, Mr. Brady of Texas, Mr. Burgess, Mr.
Calvert, Mr. Cuellar, Mr. Davis of Kentucky, Mr.
Edwards of Texas, Mr. Gonzalez, Mr. Al Green of
Texas, Mr. Hall of Texas, Mr. Hinojosa, Ms. Eddie
Bernice Johnson of Texas, Mr. Keller, Mr. Lampson,
Mr. Marchant, Mr. McCaul of Texas, Mr. Neugebauer,
Mr. Ortiz, Mr. Poe, Mr. Reyes, Mr. Roskam, Mr.
Shimkus, Mr. Smith of Texas, Mr. Thornberry, Mr.
Walberg, and Mr. Young of Alaska):
H. Con. Res. 429. Concurrent resolution recognizing the
importance of the United States wine industry to the American
economy; to the Committee on Oversight and Government Reform.
By Mr. HASTINGS of Florida:
H. Con. Res. 430. Concurrent resolution expressing the
sense of Congress that the policy (popularly known as the
``Stimson Doctrine'') of the United States of not recognizing
territorial changes effected by force, should continue to be
the guiding foreign policy of the United States in diplomatic
discourse; to the Committee on Foreign Affairs.
By Ms. HERSETH SANDLIN (for herself, Mr. Boustany, Mr.
Israel, Mr. Burgess, Mrs. Drake, Mr. Hinchey, Mrs.
Capito, Mrs. Blackburn, Mr. Hall of Texas, Mr.
English of Pennsylvania, and Ms. Ginny Brown-Waite of
Florida):
H. Con. Res. 431. Concurrent resolution supporting the
goals and ideals of a Long-Term Care Awareness Week; to the
Committee on Energy and Commerce.
By Mr. LAMBORN (for himself, Mr. Shadegg, Mr. Franks of
Arizona, Mr. King of Iowa, and Mr. Broun of Georgia):
H. Con. Res. 432. Concurrent resolution urging the
expedient relocation of the United States Embassy in Israel
to Jerusalem; to the Committee on Foreign Affairs.
By Mr. ROSS:
H. Con. Res. 433. Concurrent resolution expressing support
for the designation of October as ``National Audiology
Awareness Month''; to the Committee on Energy and Commerce.
By Mr. THOMPSON of California (for himself, Mr. Baca,
Mr. Berry, Mr. Boswell, Mr. Braley of Iowa, Mr.
Carson, Mr. Cazayoux, Mr. Childers, Ms. Clarke, Mr.
Clay, Mr. Cleaver, Mr. Cooper, Mr. Courtney, Mr.
Cramer, Ms. DeGette, Mr. Delahunt, Ms. Edwards of
Maryland, Mr. Ellison, Mr. Emanuel, Ms. Eshoo, Mr.
Etheridge, Mr. Gilchrest, Mr. Gonzalez, Mr. Gene
Green of Texas, Mr. Hall of New York, Ms. Harman, Mr.
Hill, Mr. Hinchey, Ms. Hooley, Mr. Issa, Ms. Jackson-
Lee of Texas, Ms. Kilpatrick, Mr. Lewis of Georgia,
Ms. Matsui, Mr. McDermott, Mr. McNerney, Mr.
Perlmutter, Mr. Rodriguez, Mr. Ross, Mr. Rothman, Mr.
Ruppersberger, Mr. Salazar, Mr. Saxton, Ms.
Schakowsky, Mrs. Schmidt, Mr. Sires, Mr. Walden of
Oregon, Ms. Wasserman Schultz, Mr. Waxman, Mr. Welch
of Vermont, and Ms. Woolsey):
[[Page 21888]]
H. Res. 1499. A resolution designating the third week of
October as ``National Estate Planning Awareness Week''; to
the Committee on Oversight and Government Reform.
By Ms. CLARKE:
H. Res. 1504. A resolution urging the President to increase
efforts under the Third Border Initiative (TBI) to deepen
cooperation and collaboration with Caribbean nations; to the
Committee on Foreign Affairs.
By Ms. CLARKE:
H. Res. 1505. A resolution recognizing the United States-
Bahamas Proliferation Security Initiative Shipboarding
Agreement; to the Committee on Foreign Affairs.
By Mr. ISSA:
H. Res. 1506. A resolution recognizing the importance of
the Border Patrol in combating human smuggling and commending
the Department of Justice for increasing the rate of human
smuggler prosecutions; to the Committee on the Judiciary, and
in addition to the Committee on Homeland Security, for a
period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the
jurisdiction of the committee concerned.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 111: Ms. Richardson.
H.R. 211: Mr. Welch of Vermont.
H.R. 241: Mr. Johnson of Illinois.
H.R. 279: Ms. Ginny Brown-Waite of Florida.
H.R. 464: Ms. Edwards of Maryland.
H.R. 661: Mr. Ruppersberger and Mr. Reyes.
H.R. 819: Ms.Edwards of Maryland.
H.R. 882: Ms. Clarke.
H.R. 1029: Mr. Fortenberry.
H.R. 1078: Ms. Clarke.
H.R. 1111: Ms. Edwards of Maryland.
H.R. 1245: Mr. Abercrombie.
H.R. 1398: Mr. Pitts.
H.R. 1419: Mr. Dent.
H.R. 1552: Mr. Becerra and Mr. Sestak.
H.R. 1576: Ms. Shea-Porter, Mrs. Capps, and Ms. Hirono.
H.R. 1655: Mr. Gallegly.
H.R. 1665: Mr. Meek of Florida.
H.R. 1671: Mr. Udall of Colorado and Mr. Pallone.
H.R. 1691: Ms. Baldwin.
H.R. 1820: Mr. George Miller of California, Mr. Fattah, Ms.
Richardson, Mr. Dicks, and Ms. Sutton.
H.R. 1884: Mr. Mollohan and Mr. Graves.
H.R. 1926: Mrs. Maloney of New York, Mr. Kuhl of New York,
Mr. Altmire, and Mr. Boswell.
H.R. 2092: Mr. Weiner.
H.R. 2169: Ms. Edwards of Maryland.
H.R. 2216: Mr. Fattah.
H.R. 3423: Ms. Lee.
H.R. 3634: Mr. McGovern.
H.R. 3652: Mr. Pastor.
H.R. 3844: Mr. Shays.
H.R. 3929: Mr. Jackson of Illinois.
H.R. 3968: Mr. English of Pennsylvania.
H.R. 3990: Mr. Cohen.
H.R. 4450: Mr. Gallegly.
H.R. 4464: Mr. Latta.
H.R. 4576: Mr. Burgess.
H.R. 4688: Mr. Fattah.
H.R. 5635: Mr. Barrow.
H.R. 5637: Mr. McGovern.
H.R. 5656: Mr. Simpson, Mr. Platts, and Mr. Pence.
H.R. 5674: Mr. Goodlatte.
H.R. 5748: Mr. Yarmuth.
H.R. 5793: Mr. Frelinghuysen.
H.R. 5823: Ms. Ros-Lehtinen, Ms. Roybal-Allard, and Ms.
DeLauro.
H.R. 5873: Mr. McDermott.
H.R. 5915: Ms. Loretta Sanchez of California.
H.R. 5936: Mr. Frank of Massachusetts, Mr. Ryan of Ohio,
and Mr. McGovern.
H.R. 5971: Mr. Bartlett of Maryland.
H.R. 6100: Mr. Sestak.
H.R. 6217: Ms. Baldwin, Mr. Frelinghuysen, Mr. Boyd of
Florida, Ms. Shea-Porter, Mr. Klein of Florida, Mr. Cardoza,
Mr. McNerney, Mr. Ferguson, Mr. Sherman, Mr. Pascrell, Mr.
Higgins, Ms. Richardson, Mr. Hill, Mr. Mahoney of Florida,
Mr. Spratt, Mr. Meeks of New York, Mr. Mollohan, Mr. Cuellar,
Mr. Baca, Mr. Mario Diaz-Balart of Florida, Mr. Van Hollen,
Mr. Cohen, Mr. Doggett, Mr. McNulty, Mr. Crowley, Mrs.
Tauscher, Mr. Kind, Mr. Edwards of Texas, Mr. Moore of
Kansas, Mr. Cazayoux, Mr. Cramer, Mr. Tanner, Mr. Andrews,
Mr. Boren, Mr. Barrow, Mr. Jackson of Illinois, Mr. Berman,
and Mr. Murphy of Connecticut.
H.R. 6228: Mr. Lipinski, Mrs. Maloney of New York, Mr.
Hinchey, and Mr. Kucinich.
H.R. 6278: Mr. Berman.
H.R. 6381: Mr. Butterfield.
H.R. 6438: Mr. Hayes.
H.R. 6461: Mr. Holt.
H.R. 6462: Mr. Larsen of Washington.
H.R. 6478: Mr. Pitts.
H.R. 6482: Mr. Frank of Massachusetts.
H.R. 6517: Mrs. Lowey.
H.R. 6527: Mr. Feeney.
H.R. 6561: Mr. Grijalva.
H.R. 6570: Mr. Carnahan.
H.R. 6598: Mr. Wilson of South Carolina, Mr. Frank of
Massachusetts, Mr. Fortuno, Mr. Inglis of South Carolina, Mr.
Clay, Mr. McCotter, Mr. Murtha, Mr. Farr, Mr. Arcuri, Mr.
Holt, Mr. Wittman of Virginia, and Ms. Norton.
H.R. 6617: Mr. Berman and Mr. McDermott.
H.R. 6636: Mr. Frank of Massachusetts.
H.R. 6643: Mr. Kirk, Mr. Snyder, Mr. Sherman, and Mr.
Kucinich.
H.R. 6680: Ms. Waters, Mr. Abercrombie, and Mr. Rush.
H.R. 6747: Mr. Burgess.
H.R. 6835: Mrs. Lowey.
H.R. 6873: Mr. Courtney, Mr. Filner, Ms. Schwartz, Mr.
Israel, Mr. Paul, Mr. Latham, Ms. Woolsey, and Mr. Berman.
H.R. 6885: Mrs. Wilson of New Mexico.
H.R. 6930: Mr. Doyle and Mr. Yarmuth.
H.R. 6955: Mr. Pence, Mr. Westmoreland, Mr. Kingston, Mr.
Bartlett of Maryland, Mr. Broun of Georgia, Mr. Price of
Georgia, Mr. Franks of Arizona, Mr. Conaway, Mr. Gohmert, and
Mr. Shadegg.
H.R. 6960: Mr. Mahoney of Florida, Mr. Wexler, Ms.
Wasserman Schultz, Mrs. Boyda of Kansas, Ms. Edwards of
Maryland, Ms. Castor, Mr. Hodes, Mr. Larson of Connecticut,
Ms. Sutton, and Mr. McNulty.
H.R. 6962: Mr. Snyder, Mr. McDermott, and Ms. Lee.
H.R. 6966: Mr. Welch of Vermont.
H.R. 6975: Mr. Wamp and Mrs. Myrick.
H.R. 6992: Mr. Sali.
H.R. 7013: Mr. Hinchey.
H.R. 7021: Mr. Cohen.
H.R. 7035: Ms. Schwartz and Mr. Weller.
H.R. 7036: Mr. Faleomavaega.
H.R. 7040: Mr. Filner.
H.R. 7049: Mr. Nadler.
H.R. 7051: Mr. Lynch and Mr. Michaud.
H.R. 7058: Ms. Roybal-Allard.
H.J. Res. 81: Mr. McCotter.
H. Con. Res. 81: Mr. Sestak.
H. Con. Res. 342: Mr. Johnson of Illinois.
H. Con. Res. 362: Mr. Mica, Mr. Aderholt, and Mrs. Bono
Mack.
H. Con. Res. 397: Mr. Brady of Pennsylvania, Mrs. Myrick,
Ms. Jackson-Lee of Texas, Ms. Moore of Wisconsin, Mr.
Hinchey, Mrs. Drake, Ms. Bordallo, Mrs. McCarthy of New York,
Ms. Roybal-Allard, Mr. Van Hollen, and Ms. McCollum of
Minnesota.
H. Con. Res. 405: Mr. Etheridge, Mr. Coble, Mr. Shays, Ms.
DeLauro, and Mr. McKeon.
H. Con. Res. 417: Mr. Wolf.
H. Con. Res. 426: Mr. Michaud, Mr. Berman, Mr. Nadler, Ms.
Woolsey, Mr. Fortuno, Ms. Edwards of Maryland, Ms. Eddie
Bernice Johnson of Texas, and Mr. Watt.
H. Con. Res. 427: Mr. Serrano and Mr. McGovern.
H. Res. 672: Mr. Sarbanes.
H. Res. 758: Mr. Mahoney of Florida, Mr. Marchant, Mr.
Michaud, Mr. Moran of Kansas, and Mr. Porter.
H. Res. 887: Mr. Taylor.
H. Res. 1328: Mr. Ramstad, Mr. Kuhl of New York, Mr. Honda,
Mr. Pascrell, Mr. Wu, and Mr. Jefferson.
H. Res. 1375: Ms. Bean.
H. Res. 1392: Mr. Sestak and Mr. Barrett of South Carolina.
H. Res. 1397: Mr. Holt, Ms. Matsui, and Ms. Roybal-Allard.
H. Res. 1406: Mrs. Napolitano.
H. Res. 1421: Mr. Shuster and Mrs. Miller of Michigan.
H. Res. 1462: Mr. Chabot.
H. Res. 1467: Mr. McGovern.
H. Res. 1472: Mr. Pence, Mr. McCotter, Mr. McNulty, and Mr.
Rothman.
H. Res. 1475: Mr. Fortenberry.
____________________
CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, OR LIMITED TARIFF
BENEFITS
Under clause 9 of rule XXI, lists or statements on congressional
earmarks, limited tax benefits, or limited tariff benefits were
submitted as follows:
Offered By Mr. Rangel
H.R. 7060, the Renewable Energy and Job Creation Tax Act of
2008, does not contain any congressional earmarks, limited
tax benefits, or limited tariff benefits as defined in clause
9(d), 9(e), or 9(f) or rule XXI.
[[Page 21889]]
EXTENSIONS OF REMARKS
____________________
EARMARK DECLARATION
______
HON. JOHN R. CARTER
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. CARTER. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of the House Amendment to the Senate Amendment to H.R. 2638,
the Department of Homeland Security Appropriations Act, 2008
Requesting Member: Congressman John Carter.
Bill Number: H.R. 2638.
Account: Research, Development, Test and Evaluation, Navy.
Legal Name of Requesting Entity: Texas State University-San Marcos.
Address of Requesting Entity: 601 University Drive, San Marcos, TX
USA.
Description of Request: I requested $1.52 million in the FY2009
Defense Appropriations Bill for the Center for Geospatial Intelligence
and Investigation. The project provides a semi-automated means to
predict insurgents' behavior and actions. Further, it provides an
increased level of analysis through a mathematical calculation that
predicts insurgent activity areas and bases of operation. The
Department of Criminal Justice at Texas State University has
established an upper division Criminal Justice program at the Round
Rock Higher Education Center (RRHEC). The Criminal Justice Program is
preparing for the establishment of a new PhD program that will
incorporate information obtained from this project to strengthen the
overall program including the RRHEC campus. Specifically, this funding
will provide $603,520 for personnel costs, $414,300 for Equipment,
$60,000 for travel, $40,000 for consultants, $6715 for other direct
costs, and $395,465 for the facilities and administration costs at the
rate approved by the Department of Health and Human Services.
Requesting Member: Congressman John Carter.
Bill Number: H.R. 2638.
Account: Research, Development, Test and Evaluation, Navy.
Legal Name of Requesting Entity: Alcoa, Inc.
Address of Requesting Entity: 100 Technical Center, Alcoa Center, PA
15069.
Description of Request: I requested $2 million for the Ship
Affordability Through Advanced Aluminum Structures project in the
FY2009 Defense Appropriations Bill. Requested funding will be used to
address the cost of fabrication, assembly and joining of aluminum
marine structures through performance of trade studies and the
implementation of advanced aluminum designs that will offer enhanced
performance at lower cost. Funding will lay the groundwork and create
the research and development foundation that will ultimately generate
work at Alcoa's Rockdale facility. They FY09 and future year funding
will enable level-of-effort activities to address the cost of
fabrication, assembly, and joining of aluminum marine structures. An
approximate budget breakdown includes: $250,000 for allow development;
one-third of the total appropriation will be utilized for aluminum
technology development; and the balance will be utilized for design
optimization.
Requesting Member: Congressman John Carter.
Bill Number: H.R. 2638.
Account: Operation and Maintenance, Army.
Legal Name of Requesting Entity: Texas AgriLife Research.
Address of Requesting Entity: 1500 Research Parkway, Suite 255, 2259
TAMU, College Station, TX 77843-2259.
Description of Request: I requested $2.8 million for the Fort Hood
Training Lands Restoration and Maintenance project in the FY2009
Defense Appropriations Bill. Requested funds will provide dedicated
resources to rehabilitate selected Fort Hood lands degraded by over 60
years of training with military vehicles. Substantial rehabilitation
can be achieved over five years with an integrated program that reduces
soil erosion and compaction, increases desirable vegetation and woody
vegetation management, fills gullies, constructs sediment traps, and
provides appropriate tank trails, stream-crossings and hilltop access
points for tactical vehicles. An approximate spending plan includes:
$800,000 for the installation of gully plugs; $250,000 for a woody
species control program (juniper/mesquite control on the West Range);
$250,000 for vegetation management (implement revegetation programs
across the West Range); $1 million for tank trail repairs, which
includes improving hill top access points, hardening stream crossings
and improving tank trails that are currently unserviceable for training
maneuvers and $500,000 for practice assessment and verification (Texas
AgriLife Research).
Requesting Member: Congressman John Carter.
Bill Number: H.R. 2638.
Account: Research, Development, Test and Evaluation, Navy.
Legal Name of Requesting Entity: TECO Westinghouse Motor Company.
Address of Requesting Entity: 5100 North IH-35, Round Rock, TX 78681.
Description of Request: I requested $2 million for the purpose of
conducting research to accommodate the introduction of the High
Temperature Superconductor (HTS) Trap Field Magnet (TFM) Motors in Navy
applications. HTS TFM motors will produce twice the power, have four
times higher output torque, and the material cost will be one third
that of the permanent magnet material cost. HTS TFM will help future
Navy ships meet power generation requirements for the increasing array
of electronic sensors, higher powered radar, and weapon systems, which
is estimated to be six times greater than the needs of existing DDG-51
class destroyers. An approximate spending plan for the requested
funding includes: $100,000 for administration; $87,500 for travel,
$42,000 for project management, $875,000 for engineering, $62,500 for
drafting, $72,500 for manufacturing, $120,000 for materials, $38,000
for management, $300,000 for testing, $212,500 for machine tooling, and
$90,000 for other expenses.
____________________
EARMARK DECLARATION
______
HON. ROB BISHOP
of utah
in the house of representatives
Wednesday, September 24, 2008
Mr. BISHOP of Utah. Madam Speaker, consistent with House Republican
Earmark Standards, I am submitting the following earmark disclosure and
certification information for 14 individual project appropriations
requests that I made and which were included within the text and/or
report to accompany H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009.''
I certify that neither I, nor my spouse, have any financial interest
in these requests, and certify that, to the best of my knowledge, this
request is (1) not directed to an entity or program named or that will
be named after a sitting Member of Congress; (2) is not intended for a
``front'' or ``pass-through'' entity; and (3) meets or exceeds
statutory requirements for matching funds (where applicable). Please
note that while publication of this disclosure information prior to the
floor vote was intended, such was not possible because House Democratic
Leadership chose to circumvent regular order under the House Rules
requiring a 24-hour layover period between the time of filing of the
report and a floor vote on the same. Instead, they chose to file the
report disclosing which projects were funded along with the amounts
late last evening, and have scheduled a floor vote today on the bill.
I look forward to the day when House Leadership will adhere to their
earlier promises of open and fair debate, adequate review periods for
legislation, and following the House Rules under regular order.
Requesting Member: Rob Bishop (UT-01).
Bill Number: H.R. 2638--The Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009. Fourteen total
projects were included at my written request which qualify as earmarks
under Republican Conference guidelines as follows:
MILITARY CONSTRUCTION:
1. Project: Three-Bay Fire Station, Military Construction.
[[Page 21890]]
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $5.67 million.
Account: Air Force, Military Construction (MILCON).
Requesting Entity: Congressman Rob Bishop.
Receiving Entity: Hill Air Force Base; Air Force Materiel Command.
Address: 75th Air Base Wing, Hill AFB, Utah 84056.
Project Description and Justification: Construction of new, 3-bay
fire station next to the main runway is necessary to correct for
violation of Air Force fire protection regulations regarding response
times. New facility is necessary to provide adequate fire protection
for aircraft, as well as industrial operations on East side of runway
in support of vital national defense missions. This project was already
approved in the Air Force's Five-Year Defense Plan as being necessary
to meet military safety requirements. MILCON projects are inherently
necessary as having been requested and reviewed by the applicable
military service in the first instance. Congress merely readjusts
prioritization of project funds in any given fiscal year based on
showing of emerging or critical needs.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
HOMELAND SECURITY:
2. Project: FEMA Pre-Disaster Mitigation Grant.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $650,000.
Account: Federal Emergency Management Agency (FEMA) Pre-Disaster
Mitigation.
Requesting Entity: Brigham City, Utah (An incorporated municipality);
requested through Patricia Jordan & Associates, Inc., 2111 Wilson
Blvd., Suite 600, Arlington, VA.
Addresses: Brigham City Corporation (Attn: Jim Buchanan), 442 West
Forest Street, Brigham City, Utah 84302. Pat Jordan & Associates, Inc.,
2111 Wilson Blvd., Suite 600, Arlington, VA 22201.
Project Description and Justification: Original request was for
seismic retro-fitting of a city-owned facility called the Northern Utah
Regional Innovation Center. At the time of request submission, the
request met the criteria of FEMA under pre-disaster mitigation
guidelines. In the time since original DHS Appropriations Committee
action took place approving the project, FEMA modified its criteria
such that this original project was no longer compliant with its
guidelines on cost-effectiveness. However, Brigham City submitted a new
request to FEMA and through Congressional representatives for a
compliant program; Seismic Retrofitting of the Brigham City Carnegie
Public Library (an historic structure), which FEMA indicates is in
compliance for cost-effectiveness and otherwise eligible for these
funds. The Utah State Hazard Mitigation Office has determined that this
revised project request is the State's number-one priority for FEMA/PDM
funding and ranks very high on cost-benefit analysis. Seismic
retrofitting of public structures in Brigham City is necessary because
it is located along the populated Wasatch Fault and according to the
U.S. Geological Survey, is at high risk for potentially catastrophic
seismic events and resultant injuries and loss of life to the
population. Funding would be used along with City Funding (below) to
strengthen the historic Carnegie Library building to meet seismic
standards.
Matching Funds: Brigham City, Utah, will provide 25 percent of the
funds for this project, or $217,000.
Detailed Spending Plan: The total project cost is $867,000.
Construction is estimated at $586,000. Relocation of the existing
library while construction is underway is estimated at $281,000. FEMA
PDM funds is $650,000. Brigham City local matching funds will be a
minimum of $217,000.
DEFENSE PROJECTS:
3. Project: Small Low-Cost Reconnaissance Spacecraft Components.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $1.6 million.
Amount: Air Force; RDT&E.
Requesting Entity: Utah State University (USU) Space Dynamics
Laboratory.
Receiving Entity: U.S. Air Force Research Lab and USU Space Dynamics
Laboratory and USU Space Dynamics Laboratory.
Addresses: Air Force Research Lab (AFRL), Responsive Systems,
Kirtland AFB, New Mexico 87117; USU Space Dynamics Lab, Utah State
University, 1695 N. Research Park Way, Logan, Utah 84341.
Project Description and Justification: Project funding would continue
R&D efforts begun in FY'07 and FY'08 to develop and demonstrate
technologies for new, lower-cost modular space systems which would
provide quick, flexible, customizable, secure, and highly-capable
satellite platforms for theatre and battleground communications and
reconnaissance. Effort will lead to dedicated tactical satellite
capabilities at a fraction of today's traditional satellite programs.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds. USU Space
Dynamics Lab is a non-profit research institution of higher learning.
4. Project: Science, Engineering and Laboratory Data Integration
(SELDI).
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $800,000.
Account: Air Force, Other Procurement.
Requesting Entity: ES3, Inc.
Receiving Entity: Air Force Materiel Command, Ogden Air Logistics
Center, ES3, Inc.
Addresses: Ogden Air Logistics Center/ITMS, 6090 Gum Lane, Hill AFB,
Utah 84056-5829; ES3, Inc., 1669 East 1400 South, Suite 100,
Clearfield, Utah 84015.
Project Description and Justification: Funding would be used, as in
several past years, to provide the Air Force with a rapid lab data
access management tool allowing for the elimination of ordering
duplicate spare parts in depot overhaul maintenance operations, and
enable component trend failure analysis, and to implement a new
acoustic signature sensor to ensure proper chemical composition of
materials and equipment. SELDI has enjoyed strong Congressional support
for many years, and was recognized by Congress in a previous House
Report 109-89, at page 108, as a program that saved taxpayers money,
and that would ``improve operational aircraft readiness, increase
flight safety, and reduce support costs.''
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to use of these funds.
5. Project: Tomahawk Missile Cost Reduction Initiative.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $1.6 million.
Account: Navy, RDT&E.
Requesting Entity: Naval Air Systems Command (NAVAIR) and Williams
International, Inc.
Receiving Entity: NAVAIR and Williams International, Inc.
Addresses: NAVAIR, PMA 280, Suite 540, Moffett Building 2272, 47123
Buse Road, Patuxent River, MD 20670 and Williams International, Inc.,
3450 Sam Williams Drive, Ogden, Utah 84401.
Project Description and Justification: Funding would be used to
incorporate new technology into the Tomahawk Cruise Missile Engine
production process to achieve greater manufacturing efficiencies which
will lead directly to cost-reductions per unit on this vital weapons
system.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to use of these funds.
6. Project: Dugway Lidar Radar & Modeling Improvements.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $2.4 million.
Account: Army, RDT&E.
Requesting Entity: Army West Desert Test Center, U.S. Army Dugway
Proving Grounds and ITT, Inc.
Receiving Entity: Army West Desert Test Center, U.S. Army Dugway
Proving Grounds, and ITT, Inc.
Addresses: West Desert Test Center, U.S. Army Dugway Proving Grounds,
Utah 84022. ITT, Inc., 8262 South 5260 West, West Jordan, Utah 84088.
Project Description and Justification: Funding would be used to
upgrade and improve the technical capabilities of Dugway in detecting,
monitoring, and analyzing chemical and biological threats.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to use of these funds.
7. Project: Advanced Ship Self-Defense Technology Testing.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $4 million.
Account: Navy, RDT&E.
[[Page 21891]]
Requesting Entity: Office of Naval Research and General Atomics, Inc.
Addresses: Office of Naval Research, 875 Randolph Street, Arlington,
VA 22203 and General Atomics, 3550 General Atomics Court, San Diego, CA
92121-1122.
Project Description and Justification: Funding would be used to
continue development and testing of a new era of self-defense
capabilities for U.S. naval vessels involving a small, portable,
electromagnetic rail-gun with associated subsystems. Field Testing and
development would occur at U.S. Army Dugway Proving Grounds and the
Utah Test and Training Range.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
8. Project: M 65 Bismaleimide Carbon Fiber Prepreg.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $1.6 million.
Account: Navy, RDT&E.
Requesting Entity: Office of Naval Research and Hexcell, Inc.
Addresses: Office of Naval Research, 875 Randolph Street, Arlington,
VA 22203 and Hexcell, Inc., 6700 West 5400 South, West Valley City,
Utah 84118.
Project Description and Justification: Funding would be used to
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable.
Federal defense procurement and contracting statutes apply to the use
of these funds.
9. Project: Automated Composite Technologies Manufacturing Center.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $5 million.
Account: Defense Wide, Defense Production Act.
Requesting Entity: Ogden Air Logistics Center (OOALC) at Hill Air
Force Base, Utah, and ATK, Inc.
Addresses: OOALC, Hill AFB, Utah 84056, and ATK, Inc., Freeport
Center, Building C14, Clearfield, Utah 84016.
Project Description and Justification: Funding would be used to
continue the public-private partnership between the Air Force and the
private sector on scaling-up cutting edge carbon fiver placement
processing technologies, to include equipment and training.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
10. Project: ROVER Combat Ops Support Program.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $7.3 million.
Account: Air Force, Other Procurement.
Requesting Entity: U.S. Air Force (645th AESG) and L-3 Communications
West.
Addresses: L-3 Communications West, Inc., 640 North 2200 West, Salt
Lake City, Utah 84116.
Project Description and Justification: Funding would be used to
purchase the most advanced ROVER 5 surveillance and communications
units for U.S. Special Forces.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
11. Project: Fiber Optic Conformal Acoustic Velocity Sensor
(FOCAVES).
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $2 million.
Account: Navy, RDT&E.
Requesting Entity: Northrup Grumman, Inc.
Addresses: Mr. Pete Scala, PEOIWS5B (202) 781-3360; and Northrup-
Grumman, Inc., Electronic Systems, 2211 West North Temple, Salt Lake
City, Utah 84116.
Project Description and Justification: Funding would be used to
continue demonstration efforts of fiber optic technology currently used
in the Virginia Class submarine's Lightweight Wide Aperture Array sonar
system, for use in the next generation SSN and Ballistic Missile
Submarine platforms to give an increased ability to detect quieter
enemy diesel-electric submarines in littoral waters, and to reduce
life-cycle costs of such systems.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
12. Project: Next Generation Phalanx.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $10.7 million.
Account: Navy, RDT&E.
Requesting Entity: Colmek Engineering, Inc.
Addresses: Colmek Engineering, Inc., 2001 South 3480 West, Salt Lake
City, Utah 84104.
Project Description and Justification: Funding would be used to
develop improvements to the Phalanx protection system by redesigning
and repackaging of outdated electronics; incorporation of advanced
electro-optical sensor technology; demonstration of high-energy laser
to successfully defeat traditional and asymmetric threats, and develop
portable, stand-alone versions of the radar for use on small ships.
This request is #5 on the Chief of Naval Operations FY'09 Unfunded
Requirements List.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable.
Federal defense procurement and contracting statutes apply to the use
of these funds.
13. Project: TranSim Driver's Training Services Program.
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $1.2 million.
Account: Army, O&M.
Requesting Entity: MPRI, Inc.
Addresses: MPRI, Inc., 12351 Research Parkway, Orlando, Florida
32826.
Project Description and Justification: Funding would be used to
provide state-of-the-art driver's training involving several Army
vehicle types for Army personnel, including Army National Guard
personnel. Better pre-deployment driver training of the handling
characteristics of large Army vehicles is necessary to help avoid
mishaps, injuries and death in the field.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable. Federal defense procurement
and contracting statutes apply to the use of these funds.
14. Project: UH-60 Improved communications (ARC 220).
Bill Number: H.R. 2638, the ``Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act of 2009''.
Project Amount: $1.6 million.
Account: Army, Aircraft Procurement.
Requesting Entity: U.S. Air National Guard; the Utah Air National
Guard, and Rockwell-Collins, Inc.
Addresses: Rockwell-Collins, Inc., 12351 Research Parkway, Orlando,
Florida 32826.
Project Description and Justification: Funding would be used to
purchase modern radios for Air National Guard UH 60 helicopters. This
is such a small procurement, that its almost embarrassing that the
Active Force hands-down their old, used UH-60 helicopters with ancient
radio systems to our National Guard forces without the requested
improvements. This ``add'' is something that the Congress should not
have had to ask for as an earmark request, but rather, should be
included by the Department of Defense and the Administration in its
defense budget request. Better radios and communications are life-
saving to pilots and personnel and a critical safety of flight issue.
These items are needed to support Guard missions in behalf of national
defense mission, homeland defense, and emergency response operations.
They deserve no less capable radios than the active force.
Matching Funds: Not applicable.
Detailed Spending Plan: Not applicable.
Federal defense procurement and contracting statutes apply to the use
of these funds.
____________________
EARMARK DECLARATION
______
HON. STEVEN C. LaTOURETTE
of ohio
in the house of representatives
Wednesday, September 24, 2008
Mr. LaTOURETTE. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of H.R. 2638, Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act of 2009:
Electronics Liquid Cooling for Advanced Military Ground and Aerospace
Vehicle Projects.
Account: Research, Development, Test and Evaluation, Air Force;
Aerospace Propulsion.
Legal Name of Requesting Entity: Parker Hannifin Corporation.
Address of Requesting Entity: 9200 Tyler Boulevard, Mentor, OH, 44060
USA.
Description of Request: Provide an earmark of $1,000,000 for
developing cost-effective production methods and certified processes
for implementing advanced liquid cooling technologies in military
ground and air platform
[[Page 21892]]
power electronics and related embedded computing applications.
Approximately, $600,000 is for engineering; $250,000 is for hardware,
and $150,000 is for testing and reports. Parker Hannifin is committed
to providing $500,000 to this project. The project is expected to last
beyond FY2009, for duration of 2-3 years.
Environmentally Friendly Aircraft Decontamination Systems.
Account: Research, Development, Test and Evaluation, Defense-Wide;
Chemical and Biological Defense Program.
Legal Name of Requesting Entity: STERIS Corporation
Address of Requesting.
Entity: 5960 Heisley Road, Mentor, OH, 44060 USA.
Description of Request: Provide an earmark of $1,600,000 for
designing, developing and optimizing a decontamination system to meet
the unique chemical and biological decontamination needs of Tri-Service
tactical aircraft, including the Joint Strike Fighter (JSF), F-16, as
well as cargo aircraft, particularly those employed to transport
military personnel exposed to CB warfare agents or infectious diseases.
Approximately $46,800 is for performance specification development;
$156,000 is for hardware design; $78,000 is for hardware ruggedization
design; $202,800 is for software development; $187,200 is for
mechanical components; $124,800 is for electrical components; $15,600
is for consumables; $124,800 is for system integration; $600,000 is for
system testing; $156,000 is for environmental testing; $78,000 is for
stimulant and surrogate testing; $234,000 is for live agent testing.
STERIS is committed to providing $1,500,000 to this project.
Catalytic Oxidation (CATOX) Integrated Demonstration.
Account: Research, Development, Test and Evaluation, Defense-Wide;
Chemical and Biological Defense Program.
Legal Name of Requesting Entity: Air Force Research Laboratory
Address of Requesting.
Entity: Wright Patterson AFB, OH 45433 USA.
Description of Request: Provide an earmark of $2,400,000 for a
demonstration program to develop, test, and integrate CATOX systems
into Army vehicles. Approximately, $2,400,000 will be used for
implementation of the CATOX Integrated Demonstration program. Catalytic
Oxidation (CATOX) is an advanced technology that is capable of
protecting warfighters, first responders, and civilians against the
adverse effects of chemical and biological weapons by destroying a wide
range of toxins in a manner similar to automotive catalytic converters.
Additional funding is required for a demonstration program to develop,
test, and integrate CATOX systems into Army vehicles.
Enhanced Vapor Aeration Capabilities.
Account: Research, Development, Test and Evaluation, Army; Chemical,
Smoke and Equipment Defeating Technology.
Legal Name of Requesting Entity: STERIS Corporation
Address of Requesting.
Entity: 5960 Heisley Road, Mentor, OH, 44060 USA.
Description of Request: Provide an earmark of $2,400,000 for
developing and optimizing methods to shorten the overall cycle time of
the VHP process. These improvements would significantly reduce the time
and resources needed by warfighters for battlefield decontamination.
Approximately, $212,175 is for hardware design; $239,850 is for
hardware construction/assembly; $184,500 is for software development;
$221,400 is for mechanical components; $175,275 is for electrical
components; $101,475 is for consumables; $184,500 is for system
integration; $313,650 is for system field testing; $193,725 is for
environment testing; $239,850 is for stimulant and surrogate testing;
and $332,100 is for live agent testing. STERIS is committed to
providing $1,625,000 to this project.
____________________
EARMARK DECLARATION
______
HON. SAM GRAVES
of missouri
in the house of representatives
Wednesday, September 24, 2008
Mr. GRAVES. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding appropriations I
received as part of H.R. 2638, the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
Requesting Member: Congressman Sam Graves.
Bill Number: H.R. 2638.
(1) Account: Procurement, Marine Corp.
Legal Name of Requesting Entity: DTS Relia-Com Communications
Systems.
Address of Requesting Entity: PO Box 8384, St. Joseph, MO 64508.
Description of Request: Missouri's Sixth District received an
appropriation of $2,500,000 to improve communications for our armed
forces. The project is fully funded by the appropriations acts
providing funding to the Department of Defense.
(2) Account: Research, Development, Test and Evaluation, Army.
Legal Name of Requesting Entity: Lake City Army Ammunition Plant.
Address of Requesting Entity: Lake City Army Ammunition Plant,
Independence, Missouri, in Jackson County.
Description of Request: Missouri's Sixth District received a
$1,000,000 appropriation to test the performance of aluminum cartridges
at the Lake City Ammunition Plant in Missouri. The project is fully
funded by the appropriations acts providing funding to the Department
of Defense.
(3) Account: Research, Development, Test and Evaluation, Defense
Wide.
Legal Name of Requesting Entity: Inovatia Laboratories.
Address of Requesting Entity: 120 East Davis Street, Fayette, MO
65248.
Description of Request: Missouri's Sixth District received a
$1,600,000 appropriation to further study multiple applications for
agents that decompose and deactivate chemical and biological agents.
The proof-of-concept effort was funded by an Air Force Broad Agency
Announcement (BAA) research contract. Additional research was funded by
support from the FY 2005 Omnibus Appropriations bill (part of H.R.
4818). Finally, Inovatia Laboratories has strategically directed cash
flows from its testing and consulting services to the development of
this important and unique technology.
(4) Account: Research, Development, Test and Evaluation, Navy and
Marine Corp.
Legal Name of Requesting Entity: Energizer.
Address of Requesting Entity: 25225 Detroit Road, Westlake, OH 44145.
Description of Request: Missouri's Sixth District received a
$2,500,000 appropriation to further develop a high power lightweight
battery for our soldiers. Energizer has invested significant internal
R&D resources to this program.
(5) Account: FEMA Pre-disaster Mitigation.
Legal Name of Requesting Entity: North West MO Regional Council of
Governments.
Address of Requesting Entity: 114 West 3rd. St., Maryville, MO 64468.
Description of Request: Missouri's Sixth District received a $300,000
appropriation to facilitate the distribution of funding for emergency
alert systems.
As evidenced by the deadly tornado outbreaks during Spring 2006 and
Spring 2007, communities in northwest Missouri are lacking in emergency
alert systems. Many of the communities do not have any type of warning
system at all, and those that do often rely upon old, manually-
activated outdoor warning sirens implemented during the height of the
Cold War in the 1950s. Northwest RCOG is proposing to facilitate the
distribution of funding for emergency alert systems, including warning
sirens and reverse-911, throughout Atchison, Holt, Gentry, Nodaway, and
Worth counties. A competitive award process would be used to assist as
many communities as possible, with no one community receiving more than
20 percent of the total allotment. As a regional organization,
Northwest can distribute funds in an equitable and efficient manner,
impacting the greatest number of people with the least amount of public
funds.
As a result of these funds, eleven communities and at least 20,000
persons will be fully covered by emergency alert sirens, likely
resulting in saving the lives of northwest Missourians in the path of
dangerous severe storms. Facing severe downturns in both sales and
property taxes, these projects would not occur without federal
assistance.
Total Proposed Funding: $300,000.
Proposed Recipients:
City of Tarkio, Atchison County.
Total Request: $17,000.
The City of Tarkio is home to nearly 2,000 residents, who rely on one
storm siren to alert the populace to approaching severe weather. The
siren is located near the center of town at city hall, and does not
adequately cover all areas of the city limits. Tarkio is proposing to
add one new siren, and relocate the current siren to ensure the entire
community is covered.
City of Albany, Gentry County
Total Request: $22,000.
Albany is the county seat of Gentry County, and is home to over 1,900
residents. Recently, the city has experienced new growth on the
northwest side of town, which has exceeded the alert range for the
city's existing emergency alert sirens. In addition, three of the
city's current sirens are several decades old,
[[Page 21893]]
and require upgrades to their control mechanisms. Albany is requesting
funding to install one new and repair three existing sirens.
City of Forest City, Holt County
Total Request: $17,000.
The City of Forest City is home to over 300 citizens, and uses one
emergency alert siren to warn the population of severe weather. The
siren is a relic from the 1940's air raid stock, and is in sore need of
replacement. In addition, the city will install a method of remotely
activating the siren (currently, the siren is manually activated).
City of Mound City, Holt County
Total Request: $39,000.
Mound City, population 1,200, sits along I-29 in Holt County,
Missouri. Located in the Loess Hills Bluffs, the undulating geography
of the community poses a challenge to emergency alert systems. As a
result, the city's two current sirens do not cover the entire
community. Mound City is proposing to replace one and install two new
emergency alert sirens.
City of Burlington Junction, Nodaway County.
Total Request: $12,000.
Burlington Junction's 630 residents utilize one emergency alert siren
for notification of impending severe weather. However, one siren does
not encompass the entire community. As such, the town is requesting
funds to purchase and install one new emergency alert siren.
Village of Guilford, Nodaway County
Total Request: $5,000.
The Village of Guilford currently has adequate storm siren coverage.
However, the storm siren does not have any type of battery back-up
system, rendering it useless during a power outage. The village is
requesting funds to purchase a battery back-up system for their current
siren.
City of Maryville, Nodaway County
Total Request: $60,000.
The City of Maryville is the largest community in northwest Missouri,
having a population of over 10,500. The community is home to Northwest
Missouri State University, and houses nearly all of the manufacturing
in the region. Maryville is proposing to install or replace six storm
warning sirens to cover the entire geographic extent of the community,
as well as Mozingo Lake, a recreation and fishing destination for the
region. The total project cost is approximately $173,000.
City of Pickering, Nodaway County
Total Request: $12,000.
The City of Pickering is home to 154 residents, and is seeking
funding to purchase and install one emergency alert siren. Currently,
the city does not have adequate coverage by a storm siren.
City of Skidmore, Nodaway County
Total Request: $12,000.
The City of Skidmore is home to 340 residents, and is seeking funding
to purchase and install one emergency alert siren. Currently, the city
does not have adequate coverage by a storm siren.
Village of Denver, Worth County
Total Request: $12,000.
The Village of Denver currently does not have any outdoor warning
siren, leaving its inhabitants susceptible to approaching severe
weather, particularly during the overnight hours. The city is
requesting funds to purchase and install one emergency alert siren.
City of Sheridan, Worth County
Total Request: $12,000.
The City of Sheridan, population 185, currently does not have any
outdoor warning siren, leaving its inhabitants susceptible to
approaching severe weather, particularly during the overnight hours.
The city is requesting funds to purchase and install one emergency
alert siren.
Regional Projects, Atchison, Gentry, Holt, Nodaway, and Worth
Total Request: $80,000.
The remainder of the appropriation request will be utilized to fund
regional projects, primarily at the county level. Many of the sirens
located throughout northwest Missouri are manually activated, posing a
risk to anyone who sounds the alarm. As such, these dollars would be
made available to the county governments of Atchison, Gentry, Holt,
Nodaway, and Worth to help implement remote activation of sirens and/or
increase siren coverage in populated, but unincorporated areas.
____________________
EARMARK DECLARATION
______
HON. THELMA D. DRAKE
of virginia
in the house of representatives
Wednesday, September 24, 2008
Mrs. DRAKE. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of the Amendment of the House of Representatives to the Senate
Amendment to H.R. 2638, the Department of Homeland Security
Appropriations Act, 2008.
Project Name: UAV Situational Awareness System.
Requesting Member: Rep. Thelma Drake.
Bill Number: H.R. 2638.
Account: RDTE, DW.
Legal Name of Requesting Entity: Global Technical Systems.
Address of Requesting Entity: 784 Lynnhaven Parkway, Virginia Beach,
VA 23452.
Description of Request: Appropriate funding of $1,000,000 to develop
a system that will fuse data from sensor systems such as radar,
infrared (IR), and optical sensors, with GPS maps and global
information, in near real-time.
Project Name: Analytics for Shipboard Monitoring Systems (ASMS).
Requesting Member: Rep. Thelma Drake.
Bill Number: H.R. 2638.
Account: RDTE, N.
Legal Name of Requesting Entity: Oceana Sensor Technologies and ESRG
LLC.
Address of Requesting Entity: Oceana Sensor Technologies--1632
Corporate Landing Parkway, Virginia Beach, VA, USA; ESRG LLC-1209
Independence Boulevard, Virginia Beach, VA, USA.
Description of Request: Appropriate funding of $1,600,000 to
integrate remote monitoring technologies with legacy ship systems. This
project will enable reduced manning and provide crucial ship-to-shore
interaction for remote diagnostic decision technology to support ship
operators globally.
Project Name: Automated Fiber Optic Manufacturing Initiative.
Requesting Member: Rep. Thelma Drake.
Bill Number: H.R. 2638.
Account: RDTE, N.
Legal Name of Requesting Entity: KITCO Fiber Optics.
Address of Requesting Entity: 5269 Cleveland Street, Virginia Beach,
VA 23462.
Description of Request: Appropriate funding of $2,800,000 to insert
automated fiber optic technologies in small, portable, maintenance
equipment that can be used by ship construction and ship's force
personnel in the harsh shipboard environment. The funding will assist
in deploying fiber optics as the primary communication system
components for tactical shipboard applications on almost every current
and future ship platform.
Project Name: Automated Readiness Measurement System (ARMS).
Requesting Member: Rep. Thelma Drake.
Bill Number: H.R. 2638.
Account: RDTE, N.
Legal Name of Requesting Entity: DDL Omni Engineering, LLC.
Address of Requesting Entity: 440 Viking Drive, Suite 150, Virginia
Beach, VA 23452.
Description of Request: Appropriate funding of $2,800,000 to develop
a system to provide an objective assessment of readiness in multiple
mission areas throughout an organization's training and operational
deployment cycle.
Project Name: Integrated Naval Electronic Warfare.
Requesting Member: Rep. Thelma Drake.
Bill Number: H.R. 2638.
Account: RDTE, N.
Legal Name of Requesting Entity: Electronic Warfare Associates, Inc.
Address of Requesting Entity: 440 Viking Drive, Suite 130, Virginia
Beach, VA 23452.
Description of Request: Appropriate funding of $1,000,000 to begin
the process of bringing contractor subject matter experts onboard the
Navy's NETWARCOM.
____________________
EARMARK DECLARATION
______
HON. TIMOTHY V. JOHNSON
of illinois
in the house of representatives
Wednesday, September 24, 2008
Mr. JOHNSON of Illinois. Madam Speaker, pursuant to the Republican
Leadership standards on project funding, I am submitting the following
information for publication in the Congressional Record regarding
project funding I requested as part of Fiscal Year 2009 Defense
Appropriations bill that was included in H.R. 2638:
(1) Requesting Member: Timothy V. Johnson.
Bill Number: Fiscal Year 2009 Defense Appropriations bill included in
H.R. 2638.
Account: Research, Development, Test, and Evaluation--Army.
Legal Name of Requesting Entity: SmartSpark Energy Systems.
Address of Requesting Entity: Current--2111 S. Oak Street, Suite 106,
Champaign, IL
[[Page 21894]]
61820. Previous--60 Hazelwood Drive, Champaign, IL 61820.
Description of Request: $640,000 to develop a highly reliable,
maintenance free remote solar power system. This system will be
designed to power equipment in remote areas for over 10 years allowing
the Defense Department to have reliable power sources where grid power
is unavailable. It is my understanding that this funding will be used
as follows: Engineering Labor and Overhead--$395,000; Materials and
manufacturing of alpha and beta prototypes--$100,000; Outside testing
to validate reliability and durability--$75,000; Outside Consultants
and Travel--$35,000; Test equipment required for product development--
$35,000.
(2) Requesting Member: Timothy V. Johnson.
Bill Number: Fiscal Year 2009 Defense Appropriations bill included in
H.R. 2638.
Account: Research, Development, Test, and Evaluation--Army.
Legal Name of Requesting Entity: Creative Thermal Solutions, Inc.
Address of Requesting Entity: 2209 N. Willow Road, Urbana, IL 61802.
Description of Request: $800,000 to develop a miniature man-portable
cooling unit system targeted to the soldier's protective vest. This
cooling unit will weigh no more than 2 pounds and will allow soldiers
to carry a cooling unit with them into battle, allowing them to utilize
his or her mental and physical strengths to their fullest extent. It is
my understanding that this funding will be used as follows: $640,000
for Research and Development; $160,000 for Materials and Capital
Equipment.
(3) Requesting Member: Timothy V. Johnson.
Bill Number: Fiscal Year 2009 Defense Appropriations bill included in
H.R.2638.
Account: Research, Development, Test, and Evaluation--Navy.
Legal Name of Requesting Entity: Trusted Computer Solutions.
Address of Requesting Entity: 2021 S. First Street, Suite 207,
Champaign, IL 61820.
Description of Request: $800,000 to develop an advanced cross-domain
network access system that will allow defense and intelligence
personnel to safely travel to any destination in the world with
equipment that will allow access to classified information without
exposing their identity or the aforementioned information. It is my
understanding that this funding will be used as follows: Development,
including raw materials and prototype production equipment--$300,000;
Testing--$200,000; Systems and Software Research--$300,000.
(4) Requesting Member: Timothy V. Johnson.
Bill Number: Fiscal Year 2009 Defense Appropriations bill included in
H.R. 2638.
Account: Research, Development, Test, and Evaluation--Defense Wide
Classified.
Legal Name of Requesting Entity: SAIC, Inc.
Address of Requesting Entity: 1901 S. 1st Street, Suite D-1,
Champaign, IL 61820.
Description of Request: $800,000 This project is classified and
therefore I am unable to provide a breakdown of the use of these funds
in the Congressional Record. These funds will be used to develop
technologies necessary to identify and target objects of interest with
precision and to defeat denial and deception capabilities of our
adversaries.
____________________
EARMARK DECLARATION
______
HON. HEATHER WILSON
of new mexico
in the house of representatives
Wednesday, September 24, 2008
Mrs. WILSON of New Mexico. Madam Speaker, pursuant to the Republican
Leadership standards on earmarks, I am submitting the following
information for publication in the Congressional Record regarding
earmarks I received as part of H.R. 2638--The Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 18 DTRA 0602716Br WMD Defeat Technology.
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is the
University of New Mexico, 1 University of New Mexico, Albuquerque, NM
87131-0001.
A description of the earmark including the amount and a spending
plan: Requested amount $3.2 Million. The Defense Threat Reduction
Agency (DTRA) University Strategic Partnerships (USP) Program began in
2003, and is in the current Department of Defense POM budget at $2
million per year. The program seeds projects at universities in
cooperation with divisions throughout DTRA. The typical value of a task
contract is $500,000 per year and it primarily funds exploratory
projects, with up to several million dollars per year for operational
research and development projects. Additional USP funding would allow
for additional projects to be initiated and would assist in continuing
projects past their initial year by sharing funding between operational
divisions of DTRA. New areas of interest at DTRA include multiple
projects in biotechnology, nanotechnology, materials science,
information sciences, infectious diseases, surveillance, medical
sciences, and the modeling and understanding of group behavior. In
addition, current projects would move on to a phase two funding with
DTRA internal divisions sharing costs. Current projects, as noted
above, involve social and physical sciences, engineering, and medical
and veterinary sciences.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 15 0603114N Power Projection Advanced Technology.
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is the NM
Tech Institute of Mining, 801 Leroy Place, Socorro, NM 87801.
A description of the earmark including the amount and a spending
plan: The requested amount is $7.0 Million. The U.S. Office of Naval
Research and the Naval Research Laboratory have joined a consortium of
research universities, including the New Mexico Institute of Mining and
Technology and Cambridge University, in a unique teaming arrangement to
build a state of the art observatory in the Magdalena Mountains near
Socorro, New Mexico. In support of this program, the strengths of these
research organizations and the existing investment in the Magdalena
Ridge Observatory (MRO) are being leveraged to develop and sustain
smart, advanced instrumentation for imaging space objects. This is in
support of the existing MRO mission and will advance the capabilities
of the observatory, particularly in the area of Space Situational
Awareness (SSA).
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 121 OSD 0604940D8Z Central Test And Evaluation
Investment Development (CTEIP).
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is New
Mexico State University, P.O. Box 30001, Las Cruces, NM 88003.
A description of the earmark including the amount and a spending
plan: The amount requested is $5.0 Million. Critical needs to be
addressed by UAV Systems Operations and Validation Program under this
congressional request include the development of certification
requirements for UAV operators in the National Aerospace Systems (both
DoD and civilian), development of training programs for UAV operators
and designers, and further development of unique surface materials to
provide camouflage coatings for small- to mid-sized UAVs. Other key
requirements include reliability, standards, interoperability, airspace
integration, cost efficiencies, risk reduction, user demands, and
aerodynamic and propulsion applications for micro UAVs. Lastly, a
flight test center located in civil airspace will be available for
federal and civil users.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 13 0602601F Space Technology.
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is the
University of New Mexico, 1 University of New Mexico, Albuquerque, NM
87131-0001.
A description of the earmark including the amount and a spending
plan: The requested amount is $800 thousand. The development of large
autonomous and reconfigurable space-based systems is in the interest of
national security. Coordination and control of multiple satellites and
deployable sensor systems that can automatically plan their interaction
toward a common objective is valuable in surveillance applications,
coordination of military and relief operations, as well as
communications. Successful development of this technology will allow
the DoD to conduct space-based surveillance with greater resolution and
wider coverage. This technology is also necessary for the generation of
solar power in space and the
[[Page 21895]]
projection of laser beams to enable the transformational communication
needs of the DoD. The technology developed and associated educational
programs will also support the commercial aerospace industry.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 13 0602601F Space Technology.
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is
Goodrich Corporation, 6600 Gulton Ct NE, Albuquerque, NM 87109.
A description of the earmark including the amount and a spending
plan: The amount requested is $2.4 Million. This program will enable
rapid integration of new technologies and payloads for the Air Force's
Operationally Responsive Space (ORS) program. This will be accomplished
by developing a common interface, simplified thermal design and fine
grain programmability for avionics related spacecraft hardware.
Goodrich SFS' approach significantly reduces recurring system
engineering by speeding component integration, providing a common
platform for software reuse and auto-code generation. It also allows
for hardware design changes up through integration and test and result
in a simplified test environment.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 118 OSD 0603757D8Z Training Transformation (T2).
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is NM
Tech, 801 Leroy Place, Socorro, NM 87801.
A description of the earmark including the amount and a spending
plan: The amount requested is $4.8 Million. The New Mexico Institute of
Mining and Technology (New Mexico Tech) acquired the town of Playas,
NM, in October 2004 and has converted the town into the Playas Training
and Research Center (PTRC). The funding requested herein for FY08 will
be used to establish the PTRC as a Joint National Training and
Experimentation Site for National Guard Bureau (NGB) active and reserve
personnel, as well as for Air National Guard and Army National Guard
personnel. Playas is envisioned as becoming an integral portion of the
Joint National Training Capability. This program and associated funding
for it is under the sponsorship of the Joint Forces Command (JFCOM)
Joint National Training Capability (JNTC), since JFCOM/JNTC has been
designated as the principal Joint Forces integrator. The requested
funding will be used to develop, explore and assess new joint concepts,
organizational structures and emerging technologies. The capabilities
of Playas will serve Joint Forces Command and National Guard mission
area training requirements.
The name of the requesting Member: Heather Wilson.
The bill number: H.R. 2638.
The account: 3 0601153N Defense Research Sciences.
The legal name and address of the requesting entity or in the case of
military construction earmarks, the name and address of the military
installation; The entity to receive funding for this project is the
University of New Mexico, located at 1 University of New Mexico,
Albuquerque NM 87131.
A description of the earmark including the amount and a spending
plan: The amount requested is $2.8 Million. The Long Wavelength Array
(LWA), which will be managed by the University of New Mexico, is a very
large aperture (400 km) radio astronomy telescope that will be centered
on the Plains of San Augustine and extending into southwestern New
Mexico. This powerful new instrument will enable scientists to analyze
a poorly explored region of the electromagnetic spectrum which will
provide research in astrophysics, space physics, space weather, and
ionospheric physics. The LWA will be an important research instrument
to support critical national security efforts, particularly in the area
of developing more accurate models of the ionosphere and its effects on
radio and radar propagation.
____________________
EARMARK DECLARATION
______
HON. JOHN R. CARTER
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. CARTER. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of the House Amendment to the Senate Amendment to H.R. 2638,
the Department of Homeland Security, 2008.
Requesting Member: Congressman John R. Carter.
Bill Number: H.R. 2638.
Account: FEMA State and Local Programs.
Legal Name of Requesting Entity: Texas Engineering Extension Service.
Address of Requesting Entity: 301 Tarrow, College Station, TX 77840.
Description of Request: I requested $23 million for the National
Emergency Response and Rescue Training Center (NERRTC) in the FY09
Homeland Security Appropriations bill. The entity to receive funding
for this is the Texas Engineering Extension Service. It is my
understanding that $23 million will be used to provide training courses
and programs to train our Nation's emergency responders. Courses are
delivered on a rolling basis as directed by DHS. These efforts take
place year-round until all the appropriated funding is expended.
____________________
EARMARK DECLARATION
______
HON. SAM JOHNSON
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. SAM JOHNSON of Texas. Madam Speaker, pursuant to the Republican
Leadership standards of earmarks, I am submitting the following
information for publication in the Congressional Record regarding
earmarks I received as part of the Amendment to the Senate Amendment to
H.R. 2638, The Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009.
(1) Secure Grids Network Centric Operations.
Requesting Member: Hon. Sam Johnson.
Bill Number: H.R. 2638.
Account: 2-0601103F, University Research Initiatives
Requesting Entity: The University of Texas at Dallas, located at 800
W. Campbell Road, Richardson, TX 75080.
Description: The Secure Grids Network Centric Operations will develop
an integrative Grid laboratory spanning multi-univerisities to
investigate techniques and systems for pervasively secure grid
computing with focus on network centric enterprise services and on the
management of massive data sets. Key applications include massive
knowledge intensive surveillance tasks, such as cooperative terrorist
tracking employing multi-agency databases, and the analysis of
financial movements. This project is a collaborative efforts between 3
universities in 3 states, namely The University of Texas at Dallas, the
University of Texas at Arlington, and Purdue University.
Project amount is $1,600,000.
(2) Mobile, Oxygen, Ventilation, and External Suction (MOVES).
Requesting Member: Hon. Sam Johnson.
Bill Number: H.R. 2638.
Account: 123-0604771N, Medical Development.
Requesting Entity: SVTronics Inc., located at 3465 Technology Drive,
Plano, Texas 75074.
Description: The U.S. Marine Corps has been developing a lightweight,
self-contained, Mobile, Oxygen, Ventilation, and External Suction
(MOVES) system in support of the En Route Care System. The MOVES system
uses ambient air to produce oxygen and then delivers the oxygen
directly to the casualty. It has a ventilator that can ventilate a
patient with up to 85% oxygen, and it also has suction capability. In
addition, the MOVES system can monitor vital signs including blood
pressure, heart rate, pulse oximetry, temperature, oxygen and carbon
dioxide levels, and ECG. All of these capabilities are integrated in a
single system that typically runs for 3.5 hours on a single battery set
(2.5 hours minimum), but can run even longer with additional batteries.
The system reduces the cube and weight of the present En Route Care
System by over 80%, and eliminates the hazards associated with having
oxygen gas cylinders in the field. The Marine Corps has also begun
development of an add-on module for the MOVES system for portable
anesthetic delivery in the field. The module will eliminate waste,
hazards, and need for additional training because it will administer
the anesthetic by the technique most familiar to anesthesiologists
trained in the U.S. It will also be much more rugged and lightweight
than current technology. Project amount is $1,200,000.
(3) Stryker Common Active Protection System (APS) Radar
Requesting Member: Hon. Sam Johnson.
Bill Number: H.R. 2638.
Account: 62-0603653A, Advanced Tank Armament System (Atas).
[[Page 21896]]
Requesting Entity: Raytheon, located at 2501 W. University Drive,
McKinney, Texas.
Description: APS is an externally mounted vehicle protection system
that identifies, discriminates and intercepts RPGs, mortars, antitank
guided missiles and artillery projectiles after they are launched
toward a combat vehicle. The system consists of the Multi-Function
Radio Frequency (MFRF) radar, launchers, fire control processors and
countermeasures.
In 2007, the Army accelerated the APS requirement for Stryker by
designating it a critical component of Spin Out 2, the second increment
of FCS technologies to be fielded to the Current Force in the 2010-2012
timeframe. APS is funded under the FCS MGV budget line, but there is no
dedicated funding to support APS development for Stryker in FY08 or
FY09. The Army originally requested FY08 funding for Stryker APS but
has since reallocated these funds to support power management and other
upgrades needed to accommodate Spin Outs. The lack of dedicated Stryker
APS funding in FY09 halts Current Force APS development and undermines
Spin Out 2. Project amount is $1,600,000.
____________________
EARMARK DECLARATION
______
HON. ROY BLUNT
of missouri
in the house of representatives
Wednesday, September 24, 2008
Mr. BLUNT. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of H.R. 2638.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Army--RDT&E, Sensors And Electronic Survivability.
Legal Name of Requesting Entity: Missouri State University and Foster
Miller Inc.
Address of Requesting Entity: 524 N. Booneville Ave, Springfield, MO
65806.
Description of Request: $4 million is included in this bill for
advanced warning systems enabled by integration of sensors and onboard
intelligence such that robotic platforms can be tasked to self-deploy
and self-maneuver to provide situational awareness and recommend a plan
of action without being detected. The use of taxpayer funds is
justified because a major impediment to mobility and security of
Department of Defense personnel and facilities in theater is lack of
perimeter monitoring capabilities for detection of approaching enemy
elements, vehicles, and release of toxic chemical and biological
threats. In theater, forward security teams have relied on use of dogs
to warn warfighters of the presence of intruding personnel. More than
ever before such teams, operating covertly or otherwise, find
themselves in hostile territories and are required to rotate sentry
duty among the team. What is needed is advanced warning systems enabled
by integration of sensors and onboard intelligence such that robotic
platforms can be tasked to self-deploy and self-maneuver to provide
situational awareness and recommend a plan of action without being
detected.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Army--RDT&E, Medical Advanced Technology.
Legal Name of Requesting Entity: Missouri State University and St.
Johns Health System.
Address of Requesting Entity: 524 N. Booneville Ave, Springfield, MO
65806.
Description of Request: $5.4 million is included in this bill to fund
technology to allow for the improved ability to quickly treat soldiers
who sustain severe eye injuries in the field. Currently, the time from
injury to treatment for eye injuries in the Iraqi conflict averages
more than 18 hours due to the lack of field-ready, easy-to-use eye
injury stabilization materials. Walter Reed Army Medical Center feels
strongly that the project has considerable military relevance and plans
to collaborate in the program. The use of taxpayer funds is justified
because many of the injuries suffered by our military personnel serving
in the Middle East are a result of IED (improvised explosive device)
mortar and direct action injuries. Between October 2001 and June 2006,
over 1,100 troops with combat eye trauma were evacuated from overseas
military operations, making serious eye wounds one of the most common
types of injury experienced in current U.S. conflicts.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Air Force--RDT&E.
Legal Name of Requesting Entity: Missouri State University and
Nantero Inc.
Address of Requesting Entity: 524 N. Booneville Ave, Springfield, MO
65806.
Description of Request: $7.2 million included in this bill for Carbon
Nanotube-based Radiation Hard Nano-Electronic devices.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Global Command And Control System Research, Development,
Test And Evaluation, Air Force.
Legal Name of Requesting Entity: Gestalt/Accenture.
Address of Requesting Entity: 320 4th Street, Joplin, MO 64801.
Description of Request: $4 million is included in this bill for the
purpose of allowing the delivery of critical information across a low-
bandwidth enterprise and to manage services. C2SLM will enable our
military to respond to the agility of our opponent by building agility
and flexibility into our technology. C2SLM has been selected by the
Pentagon to be the early pathfinder for the A-Staff, which will lead to
a contract in excess of several hundred million to address non-AOC
command and control for COCOMs and NAFs.
____________________
EARMARK DECLARATION
______
HON. STEVE CHABOT
of ohio
in the house of representatives
Wednesday, September 24, 2008
Mr. CHABOT. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of H.R. 2638 the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009.
The Electrofluidic Chromatophores for Adaptive Camouflage project is
listed under account 3 0601103A, the University Research Initiative for
$1,750,000. The project is requested by the University of Cincinnati
located at 836A Rhodes Hall, Cincinnati, OH 45221-0030. The University
of Cincinnati is in the process of developing an electro-optical system
based on electrowetting technology that can change the color of a
reflective surface electronically. This project would allow the Armed
Forces to change its camouflage pattern electronically at any time.
Funds will be used for a two year research project with annual federal
expenditures of approximately $1,750,000 million, divided among the
University of Cincinnati and Motorola labs. These funds will support
approximately two graduate students and one post-doctoral students at
the University of Cincinnati for electrowetting module fabrication and
development, 2.5 Motorola engineers and one Motorola technician for
printed electronics development, module fabrication, and housing
integration, and one Sun Chemical scientist for advanced pigment
development. This is intended as a two year federal research project
under the Army's R&D R-1 account, line 3 ``University Research
Initiative,'' to initiate an Adaptive Camouflage Surfaces R&D Program
at the University of Cincinnati.
The Smart Machine Platform Initiative is listed under account 179
0708045A, End Item Industrial Preparedness Activities for $4,000,000
million. The project is requested by TechSolve Inc, located at 6705
Steger Drive, Cincinnati, OH 45237. Smart Machine Platform Initiative
will advance the state of the art in manufacturing and fabrication of
components for weapons systems and reduce cost and cycle time. The
vision for this requirement is the addition of intelligence to the
machining process. The project will provide $4 million in the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009, under PE#0708045, Line 179--End Item
Industrial Preparedness Activities, only for the Smart Machine Platform
Initiative. Zero (0)% matching funds are listed because the Smart
Machine Platform Initiative is a Research and Development Activity.
____________________
EARMARK DECLARATION
______
HON. JO BONNER
of alabama
in the house of representatives
Wednesday, September 24, 2008
Mr. BONNER. Madam Speaker, I submit the following:
Project Name: Low Cost Multi-Channel Camera System.
Requesting Member: Congressman Jo Bonner.
Bill Number: H.R. 2638.
Account: RDT&E, U.S. NAVY, ASW Systems Development (R/1 Line: 29, PE:
0603254N).
[[Page 21897]]
Legal Name of Requesting Entity: Radiance Technologies, Inc.
Address of Requesting Entity: 775 North University Blvd, Suite 250,
Mobile, AL, USA.
Description of Request: $2,400,000 will be utilized to design,
assemble and demonstrate a low cost multi-channel camera system to
detect and track diesel submarines as well as provide the ability to
detect, track and identify marine mammals. Diesel submarines, like the
ones used by countries in the Middle East, Far East and South America,
are quiet, air independent and are difficult to detect using current
cold war era radar and acoustic system technology. Beyond the need for
enhanced submarine detection, current Naval testing of active acoustic
systems has been deemed to threaten certain marine mammals. As a
result, the NAVY's ability to conduct certain types of testing and
training has been curtailed. This restriction reduces the NAVY's
ability to protect U.S. fleets from observations by foreign submarines
and direct threats. This technology will provide capabilities to fly
exercise areas prior to acoustic testing or training to ensure that
adjacent waters are clear of marine mammals.
Of the funds provided, $396,000 [or 16.5%] is for channel selection
analysis, electronic and mechanical engineering and multi-channel
sensor fabrication and integration; $720,000 [or 30.0%] for multi-
channel sensor fabrication and integration, and design and
implementation of automatic calibration and registration algorithms;
$276,000 [or 11.5%] for purchase and integration of digital data
recording system, and experimental data collection tests to support
algorithm development; $808,800 [or 33.7%] for design, development, and
implementation of automatic recognition algorithms and automatic
reporting software for data dissemination to ASW assets; $199,200 [or
8.3%] for system demonstration and acceptance testing.
Project Name: Fourteen Mile Bridge in Mobile, Alabama.
Requesting Member: Congressman Jo Bonner.
Bill Number: H.R. 2638.
Account: Coast Guard/Alteration of Bridges.
Legal Name of Requesting Entity: United States Coast Guard.
Address of Requesting Entity: 470 L'Enfant Plaza East, SW, Room 7110,
Washington, DC, 20024-2135.
Description of Request: Request is for funding for construction of a
14 mile railroad bridge replacement declared for alteration by the
Commandant of the USCG. Fourteen Mile Bridge is a navigational hazard
and bottleneck due to age and outdated design. It is an impediment to
safe and efficient navigation for shippers on the Tombigbee Waterway
and into the Nation's inland waterway system. Engineering and design is
completed, but the construction account has only been partially funded.
The Coast Guard estimates the total project cost to be $75.5 million
($69.8 million federal share); $48.4 million has been appropriated.
Request is for additional funding of the construction account.
____________________
EARMARK DECLARATION
______
HON. DOUG LAMBORN
of colorado
in the house of representatives
Wednesday, September 24, 2008
Mr. LAMBORN. Madam Speaker, Pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of S. 3001, the FY09 Duncan Hunter National Defense
Authorization Act:
Requesting Member: Congressman Doug Lamborn, CO-05.
Bill Number: H.R. 5658.
Account: 3600F RDT&E, Air Force, Line 13, PE 0602601F.
Legal Name of Requesting Entity: Aeroflex.
Address of Requesting Entity: 4350 Centennial Blvd. Colorado Blvd,
Colorado Springs, CO 80907.
Description of Request: $2 million is included in this bill for
Radiation Hardened Non-Volatile Memory. This request is intended to
aide in the development of radiation hardened non-volatile memory
technology to be used in a variety of applications, principally
satellites.
Requesting Member: Congressman Doug Lamborn, CO-05.
Bill Number: H.R. 5658.
Account: RDTE, AF.
Legal Name of Requesting Entity: Goodrich Corporation.
Address of Requesting Entity: 1275 North Newport Road, Colorado
Springs, CO 80916.
Description of Request: $6 million is included in this bill to fund
ACES 5 ejection-seat development and testing for the Air Force-variant
F-35 to enable insertion into F-35 LRIP to leverage the most capable
and safest ejection seat ever developed and ensure that the U.S.
preserves the domestic capability to produce vital life saving ejection
seat systems for the Air Force.
Requesting Member: Congressman Doug Lamborn, CO-05.
Bill Number: H.R. 5658.
Account: RDT&E.
Legal Name of Requesting Entity: Analytical Graphics, Inc.
Address of Requesting Entity: 7150 Campus Drive, Suite 260, Colorado
Springs, CO.
Description of Request: $1 million is included in this bill to
incorporate space object data, improve navigation accuracy prediction,
including jamming and weapons modeling, and integrate electronic
warfare (EW) analysis into a common operational environment for Army
support teams. The user friendly interface will couple real time data
integration with currently deployed and supported data feeds, including
imagery, terrain, GPS status, electronic warfare environment, and
terrestrial weather.
Requesting Member: Congressman Doug Lamborn, CO-05.
Bill Number: H.R. 5658.
Account: Research, Development, Test & Evaluation, Air Force.
Legal Name of Requesting Entity: Finmeccanica of North America.
Address of Requesting Entity: 1625 Eye Street NW, Floor 12,
Washington, DC 20006.
Description of Request: $1 million is included in this budget to
demonstrate and qualify in a cold climate an innovative, energy
efficient, alternative power technology, on an energy intensive Air
Force installation. Utilizing tactical or readily available fuels, this
first phase of qualifying will place a next generation power generator
in a military environment while showcasing all the benefits, monetary,
environmental, and technical this technology can provide within various
scenarios, such as ``Silent Camp'' or ``Islanding''.
____________________
EARMARK DECLARATION
______
HON. PETE SESSIONS
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. SESSIONS. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009.
Requesting Member: Congressman Pete Sessions.
Bill Number: H.R. 2638.
Account: Defense, Navy, RDT&E; Manned Reconnaissance Systems.
Legal Name of Requesting Entity: L-3--Geneva Aerospace.
Address of Requesting Entity: 4240 International Parkway Carrollton,
Texas 75007.
Description of Request: I received an earmark of $2,400,000 for the
Unmanned Force Augmentation System, UFAS, project which supports
research, development and testing of advanced Unmanned Aerial Systems,
UAS, technologies. Specifically, $1,600,000 is for engineering;
$400,000 is for materials procurement; and $400,000 is for field
testing. The program is intended to facilitate the rapid transition of
Unmanned Aerial Vehicle, UAV, systems to the warfighters that offer
order-of-magnitude improvements in usability, capability, and, hence,
operational effectiveness.
Requesting Member: Congressman Pete Sessions.
Bill Number: H.R. 2638.
Account: Defense, Army, RDT&E; Advanced Weapons Technology.
Legal Name of Requesting Entity: Jim G. Ferguson, Inc.
Address of Requesting Entity: 4727 Cherokee Trail Dallas, Texas
75205.
Description of Request: I received an earmark of $1,600,000 to
design, develop, and construct a cross-scale airship serving as a
platform / test-bed for airborne and space sensor technology
development, demonstration and testing. Specifically, $416,000 is for
management, $832,000 is for technical and engineering, $96,000 is for
administration, $96,000 is for patent maintenance and development,
$80,000 is for legal, and $80,000 is for travel. The airship will also
provide a low cost solution to the military need to rapidly and
economically transport very large, very heavy and outsized cargos
strategic distances in support of global military surge, support and
logistical operations.
[[Page 21898]]
Requesting Member: Congressman Pete Sessions.
Bill Number: H.R. 2638.
Account: Defense, Army, O&M; Central Supply Activities.
Legal Name of Requesting Entity: PulseTech Products Corporation.
Address of Requesting Entity: 1100 South Kimball Ave. Southlake,
Texas 76092.
Description of Request: I received an earmark of $800,000 to provide
battery maintenance management systems that incorporate pulse
technology to increase equipment readiness, reduce hazardous material/
environmental waste and reduce operating costs. Among these systems are
rolling chargers for motor pool operations, pallet chargers for use in
battery shops throughout the Army, and solar chargers for on-vehicle
applications when vehicles are stored for extended periods of time.
PulseTech will continue, at no cost to the government, to offer battery
management training.
Requesting Member: Congressman Pete Sessions.
Bill Number: H.R. 2638.
Account: Defense, Army, RDT&E; Medical Technology.
Legal Name of Requesting Entity: National Neurovision Research
Institute.
Address of Requesting Entity: 11435 Cronhill Drive, Owings Mills, MD
21117-2220.
Description of Request: I received an earmark of $800,000 funding to
continue its expansion and operation of the ``National Eye Evaluation
and Research Network'', NEER Network. This Network was established to
enhance and accelerate military and civilian patients' accessibility to
specialized centers for evaluation of serious eye diseases affecting
the retina and facilitate their rapid referral for treatment and
possible participation in research studies and clinical trials. The
budget breakdown shows that $104,853 will be spent on the National
Neurovision Research Institute's budget which will include materials
and supplies, travel and salaries. Another $648,766 will be spent on
the Clinical Trial and Evaluation Units which will be used to study the
inherited orphan retinal degenerations of the eye. The remaining
$46,381 will be used for contracts and medical review boards.
____________________
A TRIBUTE TO RAMONA RIPSTON, EXECUTIVE DIRECTOR OF THE ACLU OF SOUTHERN
CALIFORNIA, ON THE OCCASION OF THE DEDICATION OF ITS NEW HEADQUARTERS
NAMED IN HER HONOR
______
HON. LUCILLE ROYBAL-ALLARD
of california
in the house of representatives
Wednesday, September 24, 2008
Ms. ROYBAL-ALLARD. Madam Speaker, I rise today to recognize the
American Civil Liberties Union of Southern California and its executive
director, Ramona Ripston, on the occasion of the dedication of the
organization's new headquarters building in Los Angeles. Located in my
congressional district at 1313 West 8th Street, the new facility is
aptly being named the Ramona Ripston Center for Civil Liberties and
Civil Rights in honor of this remarkable woman who has graced the
organization's helm for 36 years.
As the festivities get underway to commemorate the ACLU of Southern
California's proud 85 years of hard work enforcing the promise and
vision of our nation's Constitution in Los Angeles and throughout
Southern California, it comes as no surprise that the focus of this
grand occasion is also upon Ramona Ripston.
During her lengthy tenure as executive director of the ACLU of
Southern California, Ramona Ripston has earned a distinguished record
of achievement.
Ms. Ripston was named the executive director of the ACLU of Southern
California and the ACLU Foundation of Southern California on September
1, 1972, becoming the first woman to direct the activities of a major
ACLU affiliate. She is responsible for all phases of the organization's
programs, including litigation, lobbying and education.
During her tenure as executive director, Ms. Ripston has steered the
ACLU/SC to regional and national prominence. Under her leadership, the
affiliate's staff has expanded from six to nearly 60, and its annual
budget has grown to $6 million. She helped foster ties between the
affiliate and some of Hollywood's most prominent figures, including
Burt Lancaster, Barbara Streisand, Rob Reiner, Norman Lear, James
Whitmore, Camryn Manheim and Rick Nicita. Meanwhile, the ACLU/SC has
become a respected voice on crucial issues ranging from freedom of
speech and racial equality to immigration, homelessness and abuses by
law enforcement.
In August 2006, the Los Angeles Times named Ms. Ripston as one of the
100 Most Powerful People in Southern California. For six years, she
served as a member of the California Commission on Judicial
Performance. She has been a visiting lecturer for the UCLA Political
Science Department, hosted a talk radio program for KABC, and served on
the board of directors of the First Amendment Foundation and the Office
of the Americas. In 2005 Ms. Ripston was appointed to the Los Angeles
Homeless Services Authority Commission by Mayor Antonio Villaraigosa.
She also serves as a member of the national ACLU's Pension Committee
and the Endowment Policy Committee.
Ms. Ripston was a founding member of Death Penalty Focus, and was
honored with that group's Abolition Award for 2003. In 2006, she
received the Rosa Parks Social Justice Award from the Martin Luther
King Legacy Association. She was awarded the William J. Brennan, Jr.
Civil Liberties Award in 1991 by the Center for Human Rights and
Constitutional Law. The Western Society of Criminology presented her
with the 1980-81 June Morrison Founder's Award, given yearly to a
noncriminologist who makes an outstanding contribution to justice in
the criminal justice system. Ms. Ripston also has been honored by a
number of other organizations and entities, including Women in
Communication, the Southern Christian Leadership Conference, the
People's College of Law and the Los Angeles City Council.
She has written and spoken extensively on the rights of women--
including reproductive freedom--as well as the Voting Rights Act, the
rights of the accused, poverty, homelessness, national security, civil
liberties, police, the Constitution and the First Amendment, including
censorship. She has lectured at a number of law schools, including
Harvard, Yale and UCLA.
Madam Speaker, I ask my colleagues to please join me in
congratulating Ramona Ripston on her three decades of outstanding
service to the community as head of the American Civil Liberties Union
of Southern California. As we celebrate the opening of its new
headquarters building, I extend to her, and everyone at the
organization, my very best wishes for many more years of success ahead
protecting the cherished freedoms we all enjoy in our great Nation.
____________________
EARMARK DECLARATION
______
HON. RICK RENZI
of arizona
in the house of representatives
Wednesday, September 24, 2008
Mr. RENZI. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding two earmarks I
received as part of Senate amendment to the bill (H.R. 2638) making
appropriations for the Department of Homeland Security for the fiscal
year ending September 30, 2008:
1. Account: Operations and Procurement, Air Force (OP,AF).
Legal Name of Requesting Entity: DRS Electronic Warfare and Network
Systems.
Address of Requesting Entity: 485 Cayuga Road, Buffalo, New York
14225.
Other Requestors: Reps. Berkley, Higgins and Sens. Reid, Schumer.
Description of Request: An appropriation would be used for the
upgrade and modernization of three (3) remaining Unmanned Threat
Emitters (UMTE) system located at the Nellis Test and Training Range
(southern range 62/63) in Nevada. The upgrade of the UMTE systems takes
advantage of mature electronic warfare threat simulation technology and
will result in more realistic training, increased aircrew survivability
while providing substantial O&M savings.
The current unmodified UMTE systems have shortcomings that negatively
impact aircrew training and survivability. The upgrades to the systems
modernize the technologies contained therein and provide reactive
capabilities which resemble real world surface to air missile and anti-
aircraft artillery threats. At the same time the systems are
refurbished thus providing a life extension to the equipment, they are
connected remotely to Range Control Centers to provide better control
and less manpower (O&M savings) and the systems are mobilized to
resemble the real threat mobility thereby allowing time sensitive
reactions to them. The UMTE's at the Eielson AFB have undergone similar
upgrades with connectivity to the control centers with great success
within the Air Force. This program
[[Page 21899]]
continues to take advantage of those advancements across the board with
Air Force EW aircrew training and intends to finish the modernization
plans for UMTE at Nellis. -
2. Account: Research, Development, Training, and Evaluation, Army
(RDTE-A).
Legal Name of Requesting Entity: Southwest Gas Corporation.
Address of Requesting Entity: 5241 Spring Mountain Road, Las Vegas,
NV 89146.
Other Requestors: Reps. Berkley, Pastor, Porter, Grijalva, and Sen.
Reid.
Description of Request: In FY2006, Congress initiated a $1.8 M
demonstration program for the GEDAC technology at six military
facilities in Arizona, Nevada, and California (Luke Air Force Base,
Davis-Monthan Air Force Base, Nellis Air Force Base, Barstow Marine
Logistical Station, Yuma Marine Air Station and Fort Huachuca Army
Garrison). In FY2008, Congress appropriated $1.2 M to continue the Gas
Engine Driven Air Conditioning (GEDAC) demonstration program. With the
FY2008 funds, and in partnership with the participating military
installations and program manager, the Army's Construction Engineering
Research Laboratory (CERL), GEDAC units with improved applications and
configurations will be installed and demonstrated.
FY 2009 funding would be used to continue the stringent 10-ton GEDAC
field tests at four military installations. Additionally, a portion of
the funds would be used to develop and demonstrate the new 15-ton GEDAC
system, which has widespread applicability on military installations.
The demonstration of the 10-ton GEDAC and development and subsequent
demonstration of the 15-ton GEDAC system will help address greenhouse
gas reductions as well as meet the need for long term efficiency gains
on military installations where electricity and electric peak demands
are critical.
Energy savings of as much as $2500 per unit will accrue, enabling
installations to meet their energy reduction goals while reducing use
of electricity during peak usage (security benefits). Additionally,
water savings will accrue and the systems will help bases meet their
new environmental goals under Executive Order 13423 and will pave the
way for self contained units that contribute to the electricity needs
on these bases.
____________________
EARMARK DECLARATION
______
HON. PETE SESSIONS
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. SESSIONS. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of the Consolidated Security, Disaster Assistance, and
Continuing Appropriations Act, 2009.
Requesting Member: Congressman Pete Sessions.
Bill Number: H.R. 2638.
Account: Defense, Army, RDT&E; Night Vision Advanced Technology.
Legal Name of Requesting Entity: Optex Systems (subsidiary of Irvine
Sensors Corp.)
Address of Requesting Entity: 1420 Presidential Drive Richardson,
Texas 75081.
Description of Request: I received an earmark of $800,000 for the
InfraRed Goggle Upgrade System (IRGUS) which is a miniature system that
adds thermal imagery to standard issue Night Vision Goggles.
Specifically, $400,000 is for the design for unit production cost,
$100,000 is for production readiness, and $300,000 is for Block 1
build, integration, and testing. This technology allows legacy NVGs to
be upgraded to provide fused thermal/Image Intensification (I\2\)
imagery for improved threat detection, target identification, and
situational awareness in low or no light or obscured battlefield
conditions.
____________________
EARMARK DISCLOSURE
______
HON. MIKE FERGUSON
of new jersey
in the house of representatives
Wednesday, September 24, 2008
Mr. FERGUSON. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of H.R. 2638, the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009:
1. Micro Electrical Mechanical Systems (MEMS) Technology and Plastic
Armor.
Applications Account: Army Research, Development, Test and
Evaluation.
Legal Name of Requesting Entity: Picatinny Arsenal.
Address of Requesting Entity: Picatinny Arsenal, Picatinny, NJ 07806-
5000.
Description of Request: Funding in the amount of $1.6 million will be
used by Picatinny Arsenal in collaboration with Bell Laboratories and
the New Jersey Nanotechnology Consortium for research and development
of body armor materials using nano technologies, Micro Electrical
Mechanical Systems (MEMS) and new plastic armor composites. The
development of MEMS technology focuses on lightweight, low power
technologies that enable the implementation of new capabilities in
current armament and equipment as well as next generation solutions for
the war fighter.
2. Strattice Dermal Matrix Research.
Account: Army Research, Development, Test and Evaluation.
Legal Name of Requesting Entity: LifeCell Corporation.
Address of Requesting Entity: One Millenium Way, Branchburg, New
Jersey 08876-3876.
Description of Request: Funding in the amount of $2.4 million will be
used for research and development of skin graft technology, with the
goal of developing an off-the-shelf transplantable graft from porcine
tissue for combat casualties with full-thickness burns and other skin
and dermal deficits. The project is a 3-year research and development
program seeking to evaluate the potential for grafting of the scaffold
onto full-thickness dermal wounds with full integration and
regeneration of intact skin. This scaffold will provide a platform
technology for development of other products for repair of tissue loss,
meeting significant unmet medical needs in both military and civilian
trauma.
____________________
EARMARK DECLARATION
______
HON. JOE KNOLLENBERG
of michigan
in the house of representatives
Wednesday, September 24, 2008
Mr. KNOLLENBERG. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication regarding earmarks I received as part of H.R. 2638, the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act for Fiscal Year 2009. The information provided for
each earmark consists of the recipient, name of the project, account,
funding level, and the justification for the use of taxpayer dollars.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 33.
Name of Earmark and Amount Listed in the Report: Diminishing
Manufacturing Sources and Material Shortages Case Resolution Program--
$2.4 million.
Legal Name and Address of Receiving Entity: Automation Alley, 2675
Bellingham, Troy, Michigan 48083.
Earmark Description: The program will significantly reduce the Tank-
Automotive and Armaments Life Cycle Management Command's (TACOM LCMC)
total ownership costs for weapons systems sustainment by using a center
for directing the researching of diminishing manufacturing sources and
material shortages (DMSMS) cases affecting TACOM LCMC, designing
engineering solutions for cases, and testing alternatives for obsolete
parts and higher-level assemblies. Automation Alley will research and
develop a new process of alleviating the DMSMS problem by providing an
efficient location of companies willing and able to re-engineer, test,
evaluate, and manufacture obsolete components and thereby reduce cost
to TACOM LCMC who must resolve these issues. This work will be managed
daily in the form of an off-base industry outreach office with
Automation Alley engineers and members of the TARDEC DMSMS team
interacting with industry on a five-days-a-week basis for approximately
five years based on funding levels. The funding will be used for
engineering personnel, engineering research, and operations and
overhead.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 33.
Name of Earmark and Amount Listed in the Report: End-to-End Vehicle
Survivability Technology--$1.6 million.
Legal Name and Address of Receiving Entity: Badenoch, LLC., 1040 East
Maple Road, Suite 101, Birmingham, Michigan 48009.
Earmark Description: The focus of the program is to build a
lightweight, survivable tactical wheeled vehicle demonstrator
showcasing advanced materials and manufacturing
[[Page 21900]]
techniques that will enable low-cost, high volume production of future
systems. In addition to addressing all seven forensic causes of death
and serious injury, the demonstrator will be difficult to see or hear,
have a low acquisition signature, and be highly maneuverable. The
vehicle will comprehensively address the challenge of tactical vehicle
survivability. Non-traditional techniques and personnel from the
automotive and motor racing world will be employed to optimize
solutions to this complex problem. Common threat modalities will be
evaluated along the end-to-end chain from the energetic event to the
human physiology using best practices in modeling and physical testing.
Thus, the program will leverage the best techniques available and
establish a generalized, comprehensive, durable methodology for
evaluating vehicle survivability. The funding will be used for
engineers and material and other development costs.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 30.
Name of Earmark and Amount Listed in the Report: National
Oncogenomics and Molecular Imaging Center--$3.2 million.
Legal Name and Address of Receiving Entity: Barbara Ann Karmanos
Cancer Institute, 4100 John R., Detroit, Michigan 48201.
Earmark Description: This project will develop technology to diagnose
human cancer by defining oncogene signatures which characterize cancers
in patients. Karmanos Cancer Institute will provide imaging technology
capable of greatly improving detection of genes that cause cancer and
measure treatment response. The goal of this collaborative research
under the U.S. Army Medical Research and Material Command is to develop
and implement the technology to perform sophisticated molecular-
etiologic diagnostics in human cancer tissue, and to use that
information to identify new cancer targets and make far better
predictions regarding a cancer patient's response to molecular targeted
therapies. The funding will be used for genomics equipment, model
costs, computing and bioinformatic, salaries for lead scientists and
research support personnel, patient imaging equipment, and animal
imaging equipment.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 33.
Name of Earmark and Amount Listed in the Report: Hydraulic Hybrid
Vehicles (HHV) for the Tactical Wheeled Fleet--$800,000.
Legal Name and Address of Receiving Entity: Bosch Rexroth
Corporation, 2730 Research Drive, Rochester Hills, Michigan 48309.
Earmark Description: This program will significantly reduce target
vehicle consumption with consequent cost savings and reduction logistic
footprint. Reduction in brake wear will reduce maintenance, replacement
costs and vehicle downtime. Improved acceleration will improve
performance, mobility and load capacity, particularly when TWVs are
fitted with improved crew protection. Concept demonstration tests
indicate fuel savings up to 60 percent can be achieved. Targeted end
result is implementation into full range of TWV including JLTV
variants. The funding will be used for design and development of a
hybrid system, engineering and labor, operations and overhead,
materials including hybrid system hardware, and testing.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Navy RDTE Line 5.
Name of Earmark and Amount Listed in the Report: Standoff Explosive
Detection System (SEDS)--$1.6 million.
Legal Name and Address of Receiving Entity: BOSSdev, Inc. 700 Tower
Drive, Suite 500, Troy, Michigan 48098.
Earmark Description: This program will support a U.S. Navy/Marine
Corps research and development project to develop a mobile, vehicle-
mounted, improvised explosive device (IED) detector that will be able
to quickly and safely detect the explosives in a buried IED from a
standoff distance of 20 meters or more in front of a moving vehicle.
This project, called the Standoff Explosives Detection System (SEDS),
is based on a proven sensing technology known as Thermal Neutron
Activation Analysis. In summary, the system will utilize a scanning
thermal neutron beam to stimulate the nitrogen in buried or concealed
explosives causing the nitrogen to emit gamma rays. In turn, the gamma
rays emitted from the explosives will be detected by a gamma ray
telescope that is incorporated into the detector system. The SEDS will
also include advanced safety technologies such as smart video to
protect bystanders and U.S. military personnel from effects of the
neutron beam.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Navy RDTE Line 16.
Name of Earmark and Amount Listed in the Report: Mobile Manufacturing
and Repair Cell/Engineering Education Outreach Program--$2.4 million.
Legal Name and Address of Receiving Entity: Focus: HOPE, 1355 Oakman
Blvd., Detroit, MI 48238.
Earmark Description: The purpose of this program is to attract, train
and educate technicians and engineers capable of deploying new critical
technologies in support of Navy forces. The funding will be used for
research, recruitment, curriculum development, demonstrations,
outreach, and administrative costs.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 28.
Name of Earmark and Amount Listed in the Report: Nanofabricated
Bioartificial Kidney, Pancreas and Liver--$3.2 million.
Legal Name and Address of Receiving Entity: Innovative BioTherapies,
401 W. Morgan Road, Ann Arbor, Michigan 48108.
Earmark Description: There is a need within the combat theater to
provide kidney replacement treatment to casualties that are unstable
for transit out of the combat area. Recent technology developed at the
University of Michigan and Innovative BioTherapies, Inc. (IBT, Ann
Arbor, MI) is miniaturizing renal cell therapy devices which have been
demonstrated in Phase II clinical studies to reduce mortality of
intensive care unit patients with acute renal failure by 50 percent.
This program will lead to a completely portable bioartificial kidney
for complete kidney replacement therapy in military field hospitals and
fixed-wing aircraft for the treatment of severe combat casualties. This
program will also develop miniaturized liver cell devices for the acute
and chronic treatment of liver failure with bioartificial liver
devices. The funding will be used for research operations and medical
equipment.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 33.
Name of Earmark and Amount Listed in the Report: Plug-In Hybrid
Vehicle Electrification Program--$3.2 million.
Legal Name and Address of Receiving Entity: NextEnergy Center, 461
Burroughs, Detroit, Michigan 48202.
Earmark Description: The NextEnergy Center will work with the U.S.
Army National Automotive Center to develop and deploy Smart Plug-In
Hybrid Vehicle (PHEV) technology that provides new capability to manage
power distribution and reduce Department of Defense (``DoD'') fuel
consumption using both conventional generation, renewable generation,
and vehicles with exportable electric power. A smart PHEV will
supplement electrical power generation and reduce emissions by the
vehicle fleet. Funding will support initial development and testing of
two systems, components and infrastructure, as well as demonstrate PHEV
capability for vehicle to building/grid communication. The funding will
be used for laboratory expenses, testing and reports, prototype
(Vehicles and systems), labor and overhead, and equipment and material.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 14.
Name of Earmark and Amount Listed in the Report: Globally Accessible
Manufacturing and Maintenance Activity--$1.6 million.
Legal Name and Address of Receiving Entity: POM Group, Inc., 2350
Pontiac Road, Auburn Hills, Michigan 48326.
Earmark Description: The program entitled ``Globally Accessible
Manufacturing and Maintenance Activity (GAMMA)'' will develop rapid,
precision Direct Metal Deposition (DMD) technology, combined with
current materials removal technology, using the same (single) laser
platform which will provide a quantum leap in force readiness and
significantly impact the U.S. economy by greatly reducing the time of
making complex, 3-D shaped components for dual-use applications. In
addition, GAMMA will greatly enhance the currently fielded U.S. Army
effort called the Mobile Parts Hospital (MPH) where modules are
deployed to remote locations to fabricate metal parts on site from bar
stock. Incorporation of the DMD technology would eliminate the need for
the bar stock $60 billion inventory. The funding will be used for
design, factory testing, and validation practices.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 33.
Name of Earmark and Amount Listed in the Report: Light Weight Medical
Evacuation Vehicle--$1.6 million.
[[Page 21901]]
Legal Name and Address of Receiving Entity: Rae-Beck Automotive, 1200
W. Hamlin Road, Rochester Hills, Michigan 48309.
Earmark Description: The project will design and develop an
internally transportable vehicle which provides a fully integrated
medical support system designed to accommodate three-four litters to
assist our troops. The vehicle will provide force protection
capability, via armoring, and/or supply add-on armor, which is
currently a critical need. The vehicle will be engineered, built ready
for testing within 12 months and answers the requirement document of
Family of Internally Transportable Vehicles ORD. The medical variant
vehicle will be suited for missions requiring speed, cover,
concealment, and agility. The funding will be used for the construction
and build of a full working demonstrator, engineering cost, and program
management and administrative cost.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division C).
Account Information: Army RDTE Line 13.
Name of Earmark and Amount Listed in the Report: Condition Based
Maintenance for Mission Assuredness for Ground Vehicles--$2.4 million.
Legal Name and Address of Receiving Entity: Ricardo, Inc., 40000
Ricardo Drive, Van Buren Township, Michigan 48111.
Earmark Description: The program will develop computer co-simulation
tools for computer testable ``virtual'' vehicle designs for optimized
ground vehicles. It will also provide military tools to optimize
performance, using outputs for true computer based development of
prognostics to predict mission success. This research will provide a
wider range of ``virtual tests'' and optimize systems' interaction.
Using developments from the co-simulation agenda, the development of a
computer based on-board prognostics system will save the military
billions of dollars by enabling condition based maintenance and being
able to know if a vehicle can complete a definable mission successfully
and safely. The funding will be used for simulation tools and computer
based prognostics.
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division E).
Account Information: Army, National Guard.
Name of Earmark and Amount Listed in the Report: Barracks Replacement
Phase I, Camp Grayling--$16.943 million.
Legal Name and Address of Receiving Entity: Michigan National Guard,
Camp Grayling.
Earmark Description: The funding will replace outdated and
substandard barracks. The soldier billeting areas of Camp Grayling were
built in increments beginning in the 1950s. These facilities are
substandard in terms of construction, function, efficiency, and space.
The current facilities do not meet existing fire protection standards,
have numerous safety violations and provide inadequate sleeping
accommodations for deploying personnel
Requesting Member: Representative Joe Knollenberg (R-MI).
Bill Number: H.R. 2638 (Division E).
Account Information: Army, National Guard.
Name of Earmark and Amount Listed in the Report: Infantry Squad
Battle Course, Camp Grayling--$2 million.
Legal Name and Address of Receiving Entity: Michigan National Guard,
Camp Grayling.
Earmark Description: Funding will be used for combat leaders to train
and evaluate their unit in an outdoor squad tactical movement
engagement scenario.
____________________
EARMARK DECLARATION
______
HON. KAY GRANGER
of texas
in the house of representatives
Wednesday, September 24, 2008
Ms. GRANGER. Madam Speaker, consistent with the Republican
Leadership's policy on earmarks, I submit the following justification
for the project I received in the FY2009 Homeland Security
Appropriations bill.
Project name (as it appears in the bill): Tarrant County, TX Pre-
Disaster Mitigation
Amount received: $1 million
Bill number: FY2009 Homeland Security Appropriations bill
Account: Pre-Disaster Mitigation
Legal name and address of entity receiving Earmark: Tarrant County,
100 E. Weatherford, Fort Worth, TX 76196
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Tarrant County, TX, will use this
funding to plan localized flood control and storm water management
projects and will bring municipalities under its jurisdiction up to
national standards. This flood control and storm water management work
is very important for Tarrant County because the west fork of the
Trinity River flows through the county. Enhanced flood control and
storm management would positively impact the lives of county residents
as well as other Texans that reside downstream on the Trinity River.
The funding plan will be adjusted accordingly for whatever final
funding level is provided in the agreement.
Description of matching funds: It is my understanding that Tarrant
County will provide at of the least 25 percent of the matching funds,
as prescribed in FEMA PDM Program Guidance.
____________________
EARMARK DECLARATION
______
HON. TOM FEENEY
of florida
in the house of representatives
Wednesday, September 24, 2008
Mr. FEENEY. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of H.R. 2638, The Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act:
I received two projects as follows:
Project 1--Joint Medical Simulation Technology Research and
Development Center (JMSTRDC) at 12423 Research Parkway, Orlando, FL
32826, received $1,600,000 from the Research, Development, Test and
Evaluation, Army, Line 38 PE 0603015A Next Generation Training and
Simulation Systems account. The funds will be used to provide this
facility with a new modeling and simulation center to coordinate Army
efforts in medical care simulation training. The center will improve
medical care for wounded servicemen and women.
Project 2--The Joint Training Integration and Evaluation Center at
12000 Research Parkway, Suite 300, Orlando, FL 32826 received from the
Research, Development, Test and Evaluation, Army, Line 104 PE 0604760A
Distribution Interactive Simulations account. The funds will be used to
provide the facility with a unique asset to leverage with Joint Forces.
This center links Joint Forces Command in Virginia with Orlando's
modeling and simulation capabilities. This helps to foster development
of Department of Defense high fidelity training for war fighters.
____________________
EARMARK DECLARATION
______
HON. RODNEY ALEXANDER
of louisiana
in the house of representatives
Wednesday, September 24, 2008
Mr. ALEXANDER. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received:
Congressman Rodney Alexander.
H.R. 2638.
FEMA State and Local Programs.
Tensas Parish Safety Building. The entity to receive funding for this
project is Tensas Parish Police Jury, located at 205 Hancock Street,
St. Joseph, LA 71366. The $750,000 would be used for constructing a
Safety Building across from the Court House.
Congressman Rodney Alexander.
H.R. 2638.
DHP.
Department of Defense Brain Injury Rescue and Rehabilitation Project
(BIRR). $1,200,000 will go to Louisiana State University Health
Sciences Center, located at 433 Bolivar, New Orleans, LA 70112. The
funding would be applied to the BIRR program allowing it to demonstrate
the ability of Hyperbaric Oxygen to repair brains.
Congressman Rodney Alexander.
H.R. 2638.
AP, N.
Advanced Helicopter Emergency Egress Lighting System. The entity to
receive $1,600,000 for this project is Stratus Systems Inc., located at
7976 Highway 23, Belle Chasse, LA 70037. The funding would be used to
equip a fleet of H-53 helicopters with safety lights on hatches,
handles and overhead. The Helicopter Escape Path Lighting program uses
the Advanced Helicopter Emergency Egress Lighting System (ADHEELS) to
illuminate the hatches, actuation handles, and now the overhead as
well, to an intensity that is visible in underwater conditions, which
allows trapped crew to find their way out of the rapidly sinking
aircraft. The same escape path lighting is actuated in land crash,
assisting the crew in rapid escape from a stricken aircraft. This
system is superior in performance, reliability, and logistics support
to the 1970's system it replaces. ADHEELS represents a significant
improvement in installation, operation,
[[Page 21902]]
maintenance, performance and reliability at a lower cost. The
outstanding advantages derive from the use of an advanced
electroluminescent technology which requires no aircraft power and is
automatically activated by immersion, crash pulse, or excessive tilt.
The Navy has recently equipped all SH-60 series helicopters ADHEELS and
the results are a resounding success. The program for the H-53 is
underway but needs the addition of overhead lighting also applicable to
the H-60. The Naval Air Systems Command will procure and install the
ADHEELS in the H-53 series aircraft and in the entire fleet of aircraft
as this funding becomes available. Installation kits will be bought for
each aircraft and installation accomplished through existing support
contracts.
Congressman Rodney Alexander.
H.R. 2638.
RDTE, A.
Mary Bird Perkins Cancer Center (Note: A Treatment Planning Research
Laboratory for High Performance Computing and Radiation Dose Effects).
The entity to receive $2,400,000 for this project the Mary Bird Perkins
Cancer Center, located at 4950 Essen Lane, Baton Rouge, La 70809. The
funding would be used for the development of a Medical Imaging,
Treatment, and Treatment Planning Research Laboratory. MBPCC-LSU is
supporting the development of a Medical Imaging, Treatment, and
Treatment Planning Research Laboratory specifically for monochromatic
X-ray beams for use in radiation therapy (e.g. X-ray activated Auger
electron therapy) and medical diagnostic imaging. The Department of
Defense utilizes this specialty both in the diagnosis and treatment of
disease, as well in the research and development of high performance
computing, radiation dose, and imaging applications.
Working with DOD, LSU-MBPCC will establish a multi-disciplinary
Treatment and Treatment Planning Research Laboratory to study a new
technology that offers unique promises for monochromatic X-rays in
radiation therapy and diagnostic imaging. Monochromatic X-ray activated
Auger electron therapy has been shown in some preliminary studies to
increase the effective dose to tumors three to five times, by
specifically targeting tissue and its DNA, offering potential for
sparing normal tissues to a significant degree. It is also believed to
offer the potential of providing full radiation dose to the cancer
while achieving a significant reduction in dose to normal patient
tissues, thereby reducing the side effects of radiotherapy.
Congressman Rodney Alexander.
H.R. 2638.
RDTE, A.
Military Nutrition Research: Personnel Readiness and Warfighter
Performance. The entity to receive $1,600,000 for this project is the
Pennington Biomedical Research Center, located at 6400 Perkins Road,
Baton Rouge, LA 70808. The funding would be for ongoing research for
military nutrition across all branches of service. This funding is
requested for the Pennington Biomedical Research Center for ongoing
research to continue the Army's responsibility for military nutrition
research across all branches of military service. The work focuses on
the improvement of health and performance of the American Armed Forces.
PBRC provides laboratory support for the military nutrition division at
USARIEM with: (1) analyses of human samples for studies conducted at
U.S. Army sites, (2) assessments of energy expenditure and water
requirements of soldiers in prolonged field exercise using stable
isotopes, (3) nutrition analysis services provided by the nutrient
database laboratory, and (4) an imaging center located at PBRC which
provides research support for USARIEM and PBRC research studies in
nutrient metabolism to sustain readiness and enhance performance.
Congressman Rodney Alexander.
H.R. 2638.
RDTE, AF.
Cyber Security Laboratory at Louisiana Tech University. The entity to
receive $3,000,000 for this project is Louisiana Tech University,
located at P.O. Box 10348, Ruston, LA 71272. Cyber Security
Laboratory--This $3 million appropriation provides funding for
equipping a new Cyber Security Laboratory to support research and
educational efforts in cyber security at Louisiana Tech University.
This laboratory is a key component of the recently established Center
for Secure Cyberspace (CSC), a collaboration between Louisiana Tech
University and Louisiana State University. Funding for the CSC,
totaling $8 million, has been provided half-and-half from the Louisiana
Board of Regents and the two universities. Researchers are developing
core research foundations in evolvable sensor hardware/software and
corresponding transformational technologies for the early prediction,
detection, and control of anomalous behavior in cyberspace. The CSC has
built strategic collaborative relationships between national and
international academic and industrial partners, and with the Air
Force's Cyberspace Command at Barksdale Air Force Base. Funding for the
Cyber Security Laboratory will be appropriately allocated to
specialized laboratory equipment, lab modifications, and staff support.
Congressman Rodney Alexander.
H.R. 2638.
RDTE, AF.
Remote Suspect Identification. (Classified)--This $3.2 million
appropriation provides funding for the United States Air Force
Cyberspace Command and the continued development of RSI algorithms.
Funding will be utilized exclusively for research and development costs
and well as associated administrative costs.
Congressman Rodney Alexander.
H.R. 2638.
RDTE, N.
Littoral Battlespace Sensing--Autonomous UUV. The entity to receive
$800,000 for this project is C&C Technologies Inc., located at 730 E.
Kaliste Saloom Road, Lafayette, LA 70508. The funding would support
critical oceanographic data collection and training experience data.
Will also continue the use of operational experience to develop metrics
for mission planning and personnel requirements to reduce risk and
influence future acquisition programs.
Neither I nor my spouse has any financial interest in these projects.
____________________
IN RECOGNITION OF GARY ``BUCK'' BARBER
______
HON. ROBERT J. WITTMAN
of virginia
in the house of representatives
Wednesday, September 24, 2008
Mr. WITTMAN of Virginia. Madam Speaker, I rise today to recognize
Gary ``Buck'' Barber Jr., a great young man from Nuttsville, VA who has
exemplified the finest qualities of citizenship and leadership by
taking an active part in the Boy Scouts of America, Troop 222 and in
earning the most prestigious award of Eagle Scout.
Buck has been active with his troop, participating in many scout
activities. Over the many years Buck has been involved with scouting,
he has earned 30 merit badges, served as a Patrol Leader, Chaplain's
Aide, Senior Patrol Leader, and finally as a Junior Assistant
Scoutmaster. Buck was also elected to be a member of the Order of the
Arrow, scouting's national camping honor society.
For his Eagle Scout project, Buck coordinated the assembly and
distribution of care packages for local service members serving
overseas. Buck is currently completing his associate's degree at
Rappahannock Community College, and plans to attend the University of
Virginia to study mechanical engineering, and later attend medical
school to become a surgeon.
Madam Speaker, I proudly ask you to join me in commending Gary
``Buck'' Barber Jr. for his accomplishments with the Boy Scouts of
America and for his efforts put forth in achieving the highest
distinction of Eagle Scout.
____________________
EARMARK DECLARATION
______
HON. KAY GRANGER
of texas
in the house of representatives
Wednesday, September 24, 2008
Ms. GRANGER. Madam Speaker, consistent with the Republican
Leadership's policy on earmarks, I submit the following justifications
for projects I received in the FY2009 Defense Appropriations bill.
Project name (as it appears in the bill): AN/AVS-7 Day Heads-Up
Display (DayHUD).
Amount received: $5 million.
Bill number: FY 2009 Department of Defense Appropriations Bill.
Account: Aircraft Procurement, Navy.
Legal name and address of entity receiving earmark: Elbit Systems of
America, Fort Worth Operations (EFW, Inc.), 4700 Marine Creek Parkway,
Fort Worth, TX 76179-6969.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: This product is a day version of the
currently fielded night Heads-Up Display for the Aviator Night Vision
Imaging System night vision goggles. The Day HUD provides the same
aircraft and mission performance data to the pilots as the ANVIS
version to give them access to ``time critical'' information while also
keeping their eyes on the target or landing zone. The system completes
the picture for the aircrew, provides increased safety and reduces the
likelihood of mishaps involving
[[Page 21903]]
brown out or lack of situational awareness by the pilots.
There is no integration required with the product and testing is
complete. Funding will directly procure 150 units of system hardware.
Description of matching funds: None required.
Project name (as it appears in the bill): UH-60A Rewiring Program.
Amount received: $5 million.
Bill number: FY 2009 Department of Defense Appropriations Bill.
Account: Aircraft Procurement, Army.
Legal name and address of entity receiving earmark: InterConnect
Wiring LLP 5024 west Vickery Blvd. Fort Worth, Texas 76107.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: The requiring of aging UH-60 aircraft
will ensure a single, standardized aircraft configuration, reduce
extensive maintenance time requirements needed to isolate electronic
malfunctions and enhance operational safety due to the age of the wire
within the aircraft. Each aircraft will rewire $108,333 in materials
and $725,000 in labor to require. At a unit price of $833,333 per
aircraft, the requested funds will rewire 6 aircraft.
Description of matching funds: None required.
Project name (as it appears in the bill): NNSA metals
Declassification for Reuse by DoD in Armaments.
Amount received: $2.72 million.
Bill number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test and Evaluation, Defense-Wide.
Legal name and address of entity receiving earmark: e-PEAK Inc. 311
Diamond Oaks Drive Weatherford, TX 76087.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: A critical Army need is lightweight and
specialty metals to support development of advanced armors, vehicles,
and weapon systems; however, these metals are extremely expensive. The
DOE has a major stockpile of specialty metals recovered from
decommissioned warheads. This program delivers a process that allows
DOE to safely, securely, and efficiently discard these metals through a
unique microwave melting furnace and plasma melting. These advanced
melting technologies require additional development to scale them up to
meet DOE's unique declassification requirements. The specialty metals
can then be provided to the Army at significantly low costs. This
program provides technologies that allow for the safe, secure,
environmentally sound recovery and reuse of more than one million tons
of discarded metals that are currently stockpiled at DOE facilities.
Finance Plan Based on Request:
Facility site selection, permitting, operational safety requirements,
support utilities, and other required items (site staffing, training
and DOE site requirements): $400,000
Final design, DOE approvals, construction and required certifications
for melting systems: $2,400,000
Delivery and operational testing of systems: $600,000
Total Request: $3,400,000
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Smart Machinery Spaces
System
Amount received: $2.4 million.
Bill number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test and Evaluation, Navy.
Legal name and address of entity receiving earmark: Williams Pyro
Inc., 200 Greenleaf Street, Fort Worth, Texas.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Shipboard machinery spaces are currently
inspected using a costly manual process. Manual data collection and
analyses require significant manpower, and results are often
inconsistent. This system supports a smart sensor node, an information
systems network, and video-based situational awareness and fire
detection capability. Congress provided funds in FY 07 for the Smart
Machinery Systems to develop the system which enables condition-based
monitoring capabilities combined with improved automatic configuration
management. This program fully supports the Navy's January 2007 Naval
Science and Technology Strategic Plan, which one of the focus area
include Affordability, Maintainability and Reliability. The vision of
that focus area was to ``Reduce acquisition and lifecycle cost of Naval
Platforms through design tools, reduced maintenance, intelligent
diagnostics and automation.'' This program reduces maintenance and
lifecycle costs, provides for remote monitoring of the equipment and
allows for a reduction in manpower.
Finance Plan Based on Request:
Engineering and labor for the development and completion of the
project: $1.9 million.
Subcontracts involving Texas A&M for engineering, testing and
support: $980,000.
Supplies, testing facilities and travel/meetings: $120,000.
Total Request: $3,000,000.
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): MK 19 Crew Served Weapons
System trainer.
Amount received: $328,000.
Bill number: FY 2009 Department of Defense Appropriations Bill.
Account: Operation and Maintenance, Army National Guard.
Legal name and address of entity receiving earmark: Texas National
Guard, PO Box 5218, Austin, Texas 78763.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Acquisition of the systems, which
provides initial and sustainment marksmanship training, gunnery and
tactical training, and ``shoot/don't shoot training,'' will enhance the
battle readiness of the Texas National Guard and will aid in the
transformation of the Guard into an Operational Force. The requested
amount ($410,000) will purchase for the Texas National Guard, 10
trainers ($41,000 per trainer). The plan for the project will be
adjusted according to the funding level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): RC-26B Modernization.
Amount received: $7.2 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Aircraft Procurement, Air Force.
Legal name and address of requesting entity: ATK Integrated Systems,
236 Citation Drive, Fort Worth, TX 76106.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: The RC-26B performs critical
intelligence, surveillance and reconnaissance (ISR) missions in support
of national disaster response by the Department of Homeland Security
(DHS), Customs and Border Protection (CBP), Air National Guard, and in
direct support of Special Operations Forces in the GWOT. The Air
National Guard (ANG) operates a fleet of eleven RC-26B aircraft that
provide support to individual states for disaster relief and counter-
drug missions. As the demands for the RC-26Bs proven utility increased,
non-availability of the platform due to use in GWOT operations have
prevented ANG crews from performing their domestic assigned missions.
Special Operations Command funded the modification of five RC-26B
aircraft--to provide ISR missions in support of deployed operations.
With five RC-26B aircraft deployed in support of missions outside of
the continental United States, an availability vacuum at the state
level has occurred. The remaining six RC-26B aircraft (from
Mississippi, Arizona, Florida, Texas, West Virginia and New York) are
not sufficient to support the disaster relief and counter-narcotics
missions of both the ANG and DHS/CBP.
The requested $9,000,000 will be used for concept development,
design, integration and flight verification for one aircraft of the
following technologies that would enhance the current Block 20 RC-26B
performance and effectiveness. The plan for the project will be
adjusted according to the funding level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Network Centric
Collaborative targeting for the P-3C.
Amount received: $3.2 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Aircraft Procurement, Navy.
Legal name and address of requesting entity: L-3 Communications,
ComCept Division, 2800 Discovery Blvd, Rockwall TX 75032.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: NCCT is an Air Force program that
provides legacy and new ISR assets with transformational networking
capabilities. NCCT takes advantage of existing platform sensors which
dramatically improves the probability of detection, accuracy of
identification, precision location, and timeliness. This integration of
newer technologies expands the networking range, thus enabling wider
information-sharing and obviating the need for newer sensors. CENTCOM
endorsed this technology as one that can solve immediate operational
needs.
[[Page 21904]]
The integration of sensors enabled by NCCT software will provide a low
cost, near term option for greatly enhancing US capabilities in
Maritime Domain Awareness, Strike Support, and Undersea Warfare. The
effect of using existing platforms and sensors as a team allows for
target detection, location, and identification against time critical
targets and threats, as well as support war fighting and counter-
terrorism operations abroad when integrated with US Intelligence and
Surveillance and Reconnaissance (ISR) systems.
Finance Plan Based on Request:
Procurement of NCCT Equipment: $250 thousand.
Design, Mission System Integration & Installation of NCCT on MPRA
Aircraft: $2.75 million.
Labor, materials, and Support Activities: $1 million.
Total request: $4,000,000.
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Vision Integrating
Strategies in Ophthalmology and Neurochemistry (VISION).
Amount received: $3.2 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test And Evaluation, Army.
Legal name and address of requesting entity: UNT Health Science
Center, 3500 Camp Bowie Blvd, Fort Worth, Texas 76107.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: The research performed by the VISION
team will target the various causes and effects of visual damage
resulting from both ocular injuries and eye exposure to the elements
during combat operations. This research will ultimately be used to
develop compounds and novel therapeutic strategies to more quickly
return an injured warfighter to his unit. More significantly, the goal
is to have the Services be able to equip warfighters and combat medical
personnel with therapy solutions that can be (1) administered
preventatively, (2) self-administered or (3) easily deployed and
administered in the field. This will enable the effective delivery of
therapies that take advantage of the narrow time window that eye
injuries have for most effective treatment once the damage has
occurred. In addition, the development of effective treatments for
these conditions could save the U.S. government hundreds of millions of
dollars annually in preservation of combat readiness, improvement of
the visual performance of reenlisting soldiers and in reduction of
long-term health care related costs.
Finance Plan Based on Request:
Staffing, development of compounds, instrumentation & therapeutic
imaging: $1.2 million.
Mass spectrometry: $1.2 million.
Advance computing research: $800 thousand.
Preclinical and translational implementation: $800 thousand.
Total request: $4 million.
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Flashlight Soldier-to-
Soldier Combat Identification System.
Amount received: $5.6 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test And Evaluation, Defense-Wide.
Legal name and address of requesting entity: ATR Electronics, Inc.,
109 Ridgemont Ave., San Antonio, TX 78209.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Friendly Fire is a serious problem for
the U.S. military and its coalition partners. Friendly Fire casualties
occur frequently and weaken the resolve of some coalition partners. Per
capita, U.S. Friendly Fire casualties increased 300 percent during the
2003 invasion of Iraq compared to 1991 Desert Storm. Efforts to reduce
Friendly Fire casualties through ``doctrine and training'' and ``Blue
Force Tracking'' have not succeeded. The Flashlight project equips the
soldier with rifle mounted/body worn hardware that immediately
identifies friendly soldiers and equipment at the point of engagement.
Funds would go toward phase 2 of the development of a bottom-up, rifle
mounted/body worn hardware Combat ID capability that reduces U.S. and
coalition Friendly Fire casualties and increases combat effectiveness.
Follow-on Flashlight antennas can be mounted on platforms (tanks, etc.)
and aircraft to create a single-system Combat ID capability that can be
integrated into advanced communications systems (FCS). This project
develops 10-prototype M4 rifle mounted/body worn devices for military
testing in 18-months. The plan for the project will be adjusted
according to the funding level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Enhanced Holographic Imager
(EHI).
Amount received: $2.48 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test And Evaluation, Army.
Legal name and address of requesting entity: Zebra Imaging, Inc.,
9801 Metric Blvd., Suite 200 Austin, TX 78758.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: This is the final phase of a three-year
development program to reduce the size and enhance efficiency of the
holographic imager system currently used to produce 3D imagery for the
Army's Tactical Battlefield Visualization program. The requested FY09
funds will be administered by the U.S. Army Engineering Research and
Development Center (USAERDC) and will complete the EHI development
program, with the delivery of a fully-tested prototype of the field-
deployable Enhanced Holographic Imager. The Enhanced Holographic Imager
(EHI) system is needed by DOD to reduce the time now required to
provide 3D imagery to Coalition Forces in Iraq for intelligence and
operation planning.
Finance Plan Based on Request:
Complete design of system & lab test prototype: $1.75 million.
Develop & prototype post-processor: $580 thousand.
Construct and test in-field beta prototype: $770 thousand.
Total request: $3.1 million.
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Center for Geospatial
Intelligence & investigation (GII).
Amount received: $1.52 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Research, Development, Test And Evaluation, Navy (Marine
Corps).
Legal name and address of requesting entity: Texas State University,
San Marcos, Center for Geospatial Intelligence & Investigation, 601
University Drive, San Marcos, TX 78666.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: The Center for Geospatial Intelligence &
Investigation is conducting research of interest to the US military.
Recognizing the need for better tools to track down insurgents
responsible for kidnapping, maiming, and killing US Forces, allies, and
civilians in operations in OIF and OEF, the Army sanctioned the initial
stage of this project through the Army Topographic Engineering Center
in FY06. This project is designed to assist in counter-IED (improvised
explosive devices) efforts having a direct impact on increased safety
levels and reduced risk of injury and/or death for U.S. military forces
deployed to OIF and OEF. Funds will be used for the next phase of the
project supported by the US Marines Systems Command. Employing a cross-
disciplinary approach, GII seeks to help military and military
intelligence officials build more powerful investigative and analytic
tools. This project will continue to develop computer modeling based on
insurgent behavioral theories to help extract knowledge from
information and data, assisting military officials in predicting
insurgent activity areas and bases of operation. Components of the
project will focus on suicide attacks, attacks along main supply
routes/roads, and the use of specialized technology to depict the
``Behavioral Decision-Making Template'' of insurgents.
Finance Plan Based on Request:
Personnel: $843,520.
Equipment: $414,300.
Other direct costs: $100,000.
Indirect costs: $635,465.
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
Project name (as it appears in the bill): Authorized Emergency
Satellite Communication Packages (JISCC).
Amount received: $2.8 million.
Bill Number: FY 2009 Department of Defense Appropriations.
Bill Account: Operation and Maintenance, Army National Guard.
Legal name and address of requesting entity: Texas National Guard, PO
Box 5218, Austin, Texas 78763.
[[Page 21905]]
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Texas Military Forces is authorized, but
not fully funded, for 10 Joint Incident Scene Communication Capability
(JISCC) packages needed to support the various disaster command posts
including JIATF HQ, each subordinate task force command post, local
incident command posts, EOCs, and other multi-agency coordination
centers. There are 2 JISCCa on-hand. Funding for this project would
procure 8 authorized, but not-funded, JISCC packages required for
disaster response. JISCC system uses DoD satellites eliminating the
persistent shortage of funds to pay for commercial satellite service.
This equipment fully enables the Texas National Guard Joint Inter-
Agency Task Force (JIATF) to Command and Control its Inter-Agency
structure across the State, or out of State in support of other States
under EMAC, best serving as DoD's lead agent for disaster response in
Texas.
Finance Plan based on request:
Satellite emergency/interoperable communications packages (x8):
$4,091,400111.
Transportation vehicles (x8): $311,200.
Total request: $4.403 million.
Description of matching funds: None required.
Project name (as it appears in the bill): Air Force Plant 4 (AFP 4)
Physical Security Enhancements.
Amount received: $2.072 million.
Bill Number: FY 2009 Department of Defense Appropriations Bill.
Account: Other Procurement, Air Force.
Legal name and address of requesting entity: Lockheed Martin
Aeronautics Company, 1 Lockheed Blvd., Fort Worth, TX 76108.
Description of how the money will be spent and why the use of federal
taxpayer funding is justified: Air Force Plant 4 is a critical
Government Owned Contractor Operated (GOCO) Industrial facility
dedicated to the design, development, and manufacture of tactical
fighter aircraft systems, including the F-16, F-22 and the F-35.
Protection of this facility, its human resources, and its unique
manufacturing capabilities from determined threats is required in order
to reduce the potential for disruption to these critical DoD programs.
This project will accomplish the following Physical Security
improvements at Air Force Plant No. 4, located in Fort Worth, Texas:
(1) Provide Flight Line Security Enhancements, Air Force Plant 4
(AFP4)--Project will install an inner perimeter fence, and closed
circuit video monitoring systems, to restrict unauthorized access to
the AFP 4 aircraft operating areas (flight line, run stations, fueling
areas). These improvements are required to reduce the security and
safety risk to F-16 and F-35 aircraft undergoing final checkout and
flight operations. AFP 4 flight line security has been identified as
vulnerable during various Government reviews and assessments. $970K
(2) Provide Security Enhancements, Building 200--Engineering & Office
Bldg, Air Force Plant 4 (AFP 4)--Project will modify standoff distances
or install protective barriers on the north, south and east approaches
to Building 200. These modifications are required to meet DoD
recommended antiterrorism standards for existing facilities. Bldg. 200
security deficiencies have been identified during various Government
reviews and assessments. $1.461M
(3) Install Perimeter Vehicle Barrier System, Air Force Plant 4 (AFP
4)--Project will construct a cable vehicle barrier system in vulnerable
areas along the perimeter of the government owned manufacturing
facility. This installation will more effectively deter a determined
threat to these critical facilities while augmenting the overall
hardening of the common perimeter for both AFP 4 and the adjacent Fort
Worth NAS-Joint Reserve Base. $3.124M
The plan for the project will be adjusted according to the funding
level in the final agreement.
Description of matching funds: None required.
____________________
EARMARK DECLARATION
______
HON. ROY BLUNT
of missouri
in the house of representatives
Wednesday, September 24, 2008
Mr. BLUNT. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information for
publication in the Congressional Record regarding earmarks I received
as part of H.R. 2638.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Army--RDT&E, Medical Advanced Technology.
Legal Name of Requesting Entity: Missouri State University and
Crosslink.
Address of Requesting Entity: 524 N. Booneville Ave, Springfield, MO
65806.
Description of Request: $6 million is included in this bill to
develop a localized drug delivery system for use on amputee and burn
victims who are wounded in combat. Effective localized controlled drug
delivery will provide amputees and burn victims the needed pain and
healing therapeutics while minimizing the required dosage because the
drug will be delivered locally and not systemically. This will aid in
reducing chances of developing drug resistance and dependency both of
which increase healing time and reduce quality of life. The use of
taxpayer funds is justified because there are an estimated 20,000
injuries in Iraq and many amputees are not wearing their prosthetic
device due to discomfort resulting from inflammation and infection.
Requesting Member: Congressman Roy Blunt.
Bill Number: H.R. 2638.
Account: Conventional Weapons Technology Research, Development, Test
And Evaluation, Air Force.
Legal Name of Requesting Entity: EaglePicher Technologies.
Address of Requesting Entity: C and Porter Streets, Joplin, Missouri
64802.
Description of Request: $2.4 million is included in this bill for
energetic device quality and reliability improvements using computer
aided process control. Virtually every weapon and safety system used by
the DoD relies on some type of Energetic Device to function properly.
These devices are described as single point failure potentials--which
means that if they don't function, then the system fails. Because of
the criticality of these functions, the benefit of higher reliability
translates into increased mission success and increased safety to the
warfighter. In addition, the activities proposed above will lead to
decreased manufacturing costs and increased manufacturing productivity
for these devices. This will allow for increased throughput in order to
support potential surge scenarios. EaglePicher Technologies (EPT) has
been manufacturing Energetic Devices since the early 1980's and is
proud of the reliability record demonstrated by the use of their
devices. EPT seeks to partner with Eglin AFB to raise the reliability
of these devices to the next level. EaglePicher proposes to demonstrate
unprecedented levels of quality and reliability to this neglected, but
critical segment of the defense industry. ustry.
____________________
EARMARK DECLARATION
______
HON. ROBERT J. WITTMAN
of virginia
in the house of representatives
Wednesday, September 24, 2008
Mr. WITTMAN of Virginia. Madam Speaker, pursuant to the Republican
Leadership standards on earmarks, I am submitting the following
information for publication in the Congressional Record regarding
earmarks I received as part of H.R. 2638, the Department of Homeland
Security Appropriations Act, 2009.
Vehicle Paint Facility, Fort Eustis.
Requesting Member: Congressman Robert J. Wittman.
Bill Number: H.R. 2638.
Account: U.S. Department of the Army, Military Construction.
Legal Name of Requesting Entity: City of Newport News.
Address of Requesting Entity: 2400 Washington Avenue, Newport News,
VA 23607.
Description of Request: Provide $3.90 million to construct a Vehicle
Paint Facility at Fort Eustis with paint booths to accommodate the
preparation and painting of vehicles, equipment, components,
helicopters, and modular causeway sections. This project is required to
support the preparation for and painting of approximately 1600 pieces
of vehicular equipment. Most of this equipment belongs to the 7th
Sustainment Brigade, which is one of the Army's most frequently
deployed units. If this project is not provided, Fort Eustis will incur
negative mission impacts and will not meet Virginia Environmental
Quality requirements. Current painting operations will have an elevated
cost because existing facilities cannot accommodate oversized
equipment. The facility is critical to rapidly prepare equipment for
deploying units in conjunction with time phased deployment schedules.
In addition, the Deputy Secretary of the Army (Installations and
Housing) certifies that this project has been considered for joint use
potential. This request is consistent with the intended and authorized
purpose of the U.S. Department of
[[Page 21906]]
the Army, Military Construction account. There is no matching
requirement.
High Power Free Electron Laser Development for Naval Applications.
Requesting Member: Congressman Robert J. Wittman.
Bill Number: H.R. 2638.
Account: U.S. Department of the Navy, Research, Development, Test and
Evaluation.
Legal Name of Requesting Entity: Jefferson Science Associates on
behalf of the Thomas Jefferson National Accelerator Facility.
Address of Requesting Entity: 12000 Jefferson Avenue, Newport News,
VA 23606.
Description of Request: Provide $2.40 million for the Jefferson Lab
High Power FEL Development for Naval Application project, which
continues to meet the Navy milestones for increased laser power and
systems development for the application of a shipboard system for
cruise missile defense. In October 2006, the JLab FEL broke its own
record and exceeded the Navy milestone by delivering 14.2 kW of
infrared light at a maritime critical wavelength. The FEL project has
important directed energy applications. There is no matching
requirement. This request is consistent with the intended and
authorized purpose of the U.S. Department of the Navy RDTE account.
Marine Corps Base Quantico OCS Headquarters Facility.
Requesting Member: Congressman Robert J. Wittman.
Bill Number: H.R. 2638.
Account: U.S. Department of the Navy, Military Construction.
Legal Name of Requesting Entity: Member initiated request.
Address of Requesting Entity: 1123 Longworth House Office Building,
Washington, DC 20515.
Description of Request: Provide $5.98 million for construction of the
Marine Corps Base Quantico Officer Candidate School Headquarters
Facility located at Quantico, Virginia. The funding would be used to
construct a single-story administrative headquarters building to
consolidate Headquarters functions at Officer Candidate School (OCS).
The facility will provide workspaces for 75 Marines responsible for
coordinating the administrative, educational, operational and logistics
support required to conduct Officer Candidate training at OCS. The
existing facility was built in 1945 and will be demolished once new
construction is complete. Preventive and corrective maintenance, both
routine and emergency, take place on a daily basis at the existing
facility, consuming material, money and manpower. This project is
listed on the USMC FY09 Unfunded Programs List. The entity to receive
funding for this project is the United States Navy. The funds will be
used for the OCS headquarters construction, technical operating
manuals, information systems, anti-terrorism force protection, and
supporting facilities (construction features, electrical, mechanical,
paving and site improvements, demolition and environmental mitigation).
There is no matching requirement. This request is consistent with the
intended and authorized purpose of the U.S. Department of the Navy
Military Construction account.
Over-the-Horizon Vessel Tracking for Homeland Security.
Requesting Member: Congressman Robert J. Wittman.
Bill Number: H.R. 2638.
Account: U.S. Department of the Navy, Research and Development.
Legal Name of Requesting Entity: Center for Innovative Technology
(CIT).
Address of Requesting Entity: 2214 Rock Hill Road, Suite 600,
Herndon, VA 20170-4228.
Description of Request: Provide $800,000 for Over-the-Horizon Vessel
Tracking. Over-the-Horizon Vessel Tracking has been a priority for DoD
since the 1950s. The Coast Guard plays a key role in force protection
and is responsible for protection of Naval assets while in port under a
1995 Memorandum of Understanding with DOD. This project leverages the
previous federal investment in the NOAA Integrated Ocean Observing
System (IOOS). Labor: $900,000, Equipment and Supplies: $80,000,
Travel: $20,000. CIT will provide a 10% match, covering labor, fringe,
and indirect costs. This request is consistent with the intended and
authorized purpose of the U.S. Department of the Navy Research and
Development account.
Training Support Center, Ph 1.
Requesting Member: Congressman Robert J. Wittman.
Bill Number: H.R. 2638.
Account: U.S. Department of the Army, Military Construction.
Legal Name of Requesting Entity: City of Newport News.
Address of Requesting Entity: 2400 Washington Avenue, Newport News,
VA 23607.
Description of Request: Provide $13.60 million to construct Phase I
of a multi-phase Advanced Training Technology Support Facility for the
U.S. Army Training Support Center at Fort Eustis. Project includes
administrative space, special work areas, office support areas,
classrooms, conference rooms, storage areas, mailroom functions, and
computer/communication space. Supporting facilities include utilities
services, UMCS connection, emergency generator, paving, storm drainage,
site improvement, communications and fencing. Heating (natural gas) and
air conditioning will be by self contained systems. Antiterrorism/Force
Protection (AT/FP) measures include laminated glass, traffic control
barriers and standard security design features. Access for individuals
with disabilities will be provided. Demolish includes limited asbestos
abatement. If this project is not provided, fragmented elements of ATSC
will continue to occupy structurally deficient temporary facilities and
impact Army-wide ATSC Range and support missions. There is no matching
requirement. This request is consistent with the intended and
authorized purpose of the U.S. Department of the Army Military
Construction account.
____________________
INTRODUCTION OF THE NURSING HOME EMERGENCY ASSISTANCE ACT
______
HON. RON PAUL
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. PAUL. Madam Speaker, I rise to introduce the Nursing Home
Emergency Assistance Act. This act makes private, for-profit nursing
homes eligible for the same federal aid as is currently available to
public nursing homes. Under current federal law, only public nursing
homes may receive federal disaster assistance. However, hurricanes,
tornadoes, and earthquakes do not distinguish between private and
public, or for-profit and not-for-profit, nursing homes.
As I have recently seen in my district, all nursing homes face unique
challenges coping with natural disasters and their aftermaths. It is
not fair to the taxpayers who work in, reside in, or have entrusted the
care of their loved ones to, a private nursing home that private
nursing homes are denied the same federal aid available to their public
counterparts. Madame Speaker, the Nursing Home Emergency Assistance Act
ensures all residents of nursing homes can benefit from federal
disaster aid. I encourage my colleagues to support this legislation.
____________________
EARMARK DECLARATION
______
HON. KEN CALVERT
of california
in the house of representatives
Wednesday, September 24, 2008
Mr. CALVERT. Madam Speaker, I have received authorization in the
National Defense Authorization Act for Fiscal Year 2009 for two
projects in California's 44th Congressional District which are
described as follows:
Requesting Member: Congresman Ken Calvert.
Bill Number: S. 3001.
Account: Standards Development--Research, Development, Test &
Evaluation, NAVY.
Legal Name of Requesting Entity: Naval Surface Warfare Center, Corona
Division.
Address of Requesting Entity: Naval Surface Warfare Center Corona
Division, 2300 Fifth St., Norco, CA 92860.
Description of Request: I have received congressional authorization
in the National Defense Authorization Act for Fiscal Year 2009 (NDAA
FY09) for a requested project in the amount of $2,000,000. The
authorization is for a project which would continue work in the areas
of Primary and Depot Maintenance calibration standards. Specifically
the work will be done in the technology areas of Nuclear, Biological
and Chemical (NBC), electro-optics, and physical-mechanical. The
purpose of the work is to ensure measurement accuracy in support and
maintenance of new advanced technology weapon systems, current weapon
systems and associated support equipment. Specifically, the funding
also continues efforts of calibration standards (hardware) in support
[[Page 21907]]
of Nanoscale Dimensional Standards using Atomic Force Microscopy (AFM).
Standards developed through this ongoing program provides continued
measurement support and capability to ensure that our nation's advanced
weapon systems operate as designed and detectors accurately recognize
threats.
Requesting Member: Congressman Ken Calvert.
Bill Number: S. 3001.
Account: Defense Wide--Research, Development, Test & Evaluation.
Legal Name of Requesting Entity: Center for Nonoscale Science and
Engineering, University of California, Riverside.
Address of Requesting Entity: 900 University Avenue, Riverside,
California 92521.
Description of Request: I have received congressional authorization
in the National Defense Authorization Act for Fiscal Year 2009 (NDAA
FY09) for a requested project in the amount of $3,000,000 for 3D-
electronics technology. This project aims to take advantage of recent
advances in nanomaterials and nanodevices to begin to address the issue
necessary to take the electronics industry beyond the two-dimensional
silicon based devices and wiring and to develop high density, 3D-
electronics technology together with associated packaging, protable
power sources and heat dissipation solutions. UC Riverside has
substantial expertise in the development of nanomaterials that offer
extraordinary properties when properly engineered for these
applications. The proposed effort will fund technology development
studies in the following five areas: 3D integration of RF and Digital
technologies; materials development for thermal management; materials
development for 3D wiring; materials development for multi-technology
isolation; and development of process equipment for advanced 3D
processes and materials manufacturing. The availability of new
approaches to very high density electronics and compact power sources
that are built from the new generation of nanomaterials will greatly
aid the DoD mission in providing advanced electronics and power in the
battlefield.
____________________
EARMARK DECLARATION
______
HON. GUS M. BILIRAKIS
of florida
in the house of representatives
Wednesday, September 24, 2008
Mr. BILIRAKIS. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of S. 3001, the Duncan Hunter
National Defense Authorization Act:
Requesting Member: Representative Gus M. Bilirakis.
Bill Number: S. 3001.
Account: Aircraft Procurement Army.
Names and Addresses of Requesting Entities: Sikorsky Aircraft
Corporation, 6900 Main Street, Stratford, CT 06615; Pall Aeropower
Corporation, 10540 Ridge Road, New Port Richey, FL 34654.
Description of Request: This earmark provides an additional
$5,000,000 to modernize the National Guard H-60 Black Hawk helicopter
fleet. The UH-60 Black Hawk helicopter is an essential capability of
the National Guard. It provides units in every State with a multi-
mission aircraft for search & rescue, utility lift, disaster relief and
medical evacuation. The Army National Guard (ARNG) is authorized 782
Black Hawk aircraft but is short of this authorization by almost 100
aircraft. This shortage requires ARNG units to loan or transfer Black
Hawks in support deployments, training or state missions, resulting in
a higher usage rate of available airframes. Additionally, more than 500
of the 782 National Guard aircraft are older UH-60A models, with an
average age of approximately 25 years.
The Army is procuring over 1,200 UH-60M Black Hawks for utility,
special operations and MEDEVAC missions to replace the aging UH-60A
from operational units by 2016. The Army acquired 33 UH-60M Black Hawks
by the end of FY07, and from FY09 to FY13, the Army plans to procure an
additional 300 UH-60M Black Hawks (70 of those aircraft are programmed
for ARNG units). However, without an accelerated procurement of the UH-
60M, the Army National Guard will be operating more than 400 UH-60A
helicopters beyond 2020.
The ARNG and the Active Army developed a program to support the
continued modernization of the ARNG Black Hawk fleet. Unfortunately,
this program is not fully funded. The ARNG plan is to accelerate the
fielding of UH-60M Black Hawks by 10 aircraft per year. Although the
Active Army has programmed UH-60A recapitalization for the ARNG with
Operations and Maintenance (O&M) funds, which includes an airframe life
extension, fleet-wide product improvements, and the replacement of
components, the UH-60A to L upgrade is not funded.
The UH-60L Black Hawk is more economical to operate and has 1000 lbs
of additional lift than the UH-60A. The desired rate of UH-60A to L
upgrades is 38 per year. Funding the UH-60A to L upgrade will
significantly improve the Black Hawk fleet and assure that ARNG units
are ready, deployable, and available to protect our national interests
both abroad and at home.
This ARNG aviation initiative has been identified by the Chief of the
National Guard Bureau (CNGB) as a FY09 Essential 10-Top 25 unfunded
priorities.
Requesting Member: Representative Gus M. Bilirakis.
Bill Number: S. 3001
Domestic Production of Polycrystalline Laser Gain Materials
Account: Defense Production Act Purchases.
Names and address of Requesting Entity: VLOC Incorporated, 7826
Photonics Drive, New Port Richey, FL 34655.
Description of Request: This earmark provides $5,200,000 for the
domestic production of transparent polycrystalline laser gain materials
for defense critical materials required for the Department of Defense's
next-generation tactical laser systems. The Department of Defense is
funding the development of laser platforms that generate 100 kilowatts
of output power in an all-solid-state design with field testing
starting within the next 12 months. In order to generate this level of
operational power, new and unique laser materials must be produced
domestically in commercial quantities. Recent laser demonstrations
utilizing polycrystalline materials manufactured exclusively overseas
indicate that transparent polycrystalline laser gain materials, that
use nano-particle powders, do in fact allow laser designers to
demonstrate these higher levels of output power (the DoD/JTO-mandated
100 kW). Under previous forward-leaning research funded by the AFRL,
U.S. industry was able to research and test innovative growth
technologies, infrastructure improvements, and advanced materials
analysis of these new ceramic laser gain materials. By leveraging this
previous R&D funding, it is expected that full domestic production with
volumes to meet all of the current DoD needs will be completed within
36 months.
These funds will be used for infrastructure improvements, labor and
overhead, nano-powder testing and production, production hardening of
the domestic manufacturing of the polycrystalline laser gain materials,
fabrication, characterization and dielectric coatings of the laser gain
slabs.
Information Systems Security Program
Account: Procurement
Names and address of Requesting Entity: Green Hills Software, 34125
US Hwy 19 North, Suite 100, Palm Harbor, FL 34684.
Description of Request: This earmark provides $2,000,000 for the
Information Systems Security Program which would be spent over the
course of the fiscal year. As the Department of Defense moves to full
deployment of the Global Information Grid (GIG), the need for High
Assurance Secure capabilities becomes more critical and more pervasive.
Simply put, increased sharing increases network vulnerabilities; and
compromise of US or coalition resources could have serious consequences
to our nation's security. This project would implement high assurance
software to achieve more security with higher levels of access control
across security domains from Unclassified to Top Secret. Without this
capability, the Global Information Grid's functions cannot be fully
exploited. In addition, creating an architecture that allows classified
and unclassified resources to be combined will result in a significant
cost savings to the government as redundant classified and unclassified
systems are eliminated.
Optic Band Control Program:
Account: Materials.
Names and address of Requesting Entity: Eclipse Energy Systems, 2537
Ham Blvd, Suite 1, Clearwater, FL 33764.
Description of Request: This earmark provides $800,000 for the Optic
Band Control Program (OBC) which focuses on advanced infrared filter
technology for a wide range of Department of Defense interests. There
is an urgent need for advancement of technology necessary for blocking
certain wavelengths while allowing other wavelengths to pass though a
filter. This is necessary for laser threat protection as well as more
precise chemical and biological sensors and camera/reconnaissance
systems. The funds will be used for equipment purchases, software
modeling and design, machine operation and related engineering tasks.
[[Page 21908]]
National Functional Genomics Center
Account: Medical Advanced Technology.
Names and address of Requesting Entity: Moffitt Cancer Center, 12902
Magnolia Drive, Tampa, FL 33612.
Description of Request: This earmark provides $6,000,000 for the
National Functional Genomics Center which conducts applied research for
the Department of Defense for the discovery of molecular signatures for
cancers and the accelerated development of new personalized drugs based
on each individual's molecular fingerprint to treat cancer. This
research directly translates into reduced financial costs and morbidity
associated with cancer treatment in the military and results in reduced
disruption to the active duty soldier.
Name of Requesting Member: Congressman Gus M. Bilirakis.
Bill Number: S. 3001.
Account: FEMA Predisaster Mitigation.
Legal Name/Address of Requesting Entity: Pinellas County, Florida,
315 Court Street, Clearwater, Florida 33756.
Description: This funding will complete the infrastructure hardening
of the existing Pinellas County facility housing Emergency Medical
Services (EMS) equipment, supplies, and operations. The EMS facilities
serve as a countywide base-of-operations during and post-disaster for
more than 80 emergency personnel as well as the County's radio
communications, Fire and EMS dispatch, 911 dispatch, Fire and EMS
administration, and EMS response.
Funding will support roof analysis and installation of new roof
systems, installation of fastening/bracing equipment, strengthening
sections of walls with additional structural steel, and upgrading of
the generator and mechanical systems to assure continuance of emergency
activities during storms and other emergency events.
I believe that the use of these federal funds are justified because
this project advances the goals of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (Public Law 100-107) for
implementation of pre-disaster mitigation measures in states and
localities that are cost effective and designed to reduce injuries and
loss of life.
The project also advances the goals of FEMA's Predisaster Mitigation
Fund, which finances projects for infrastructure improvements,
analysis, and other activities for disaster mitigation.
Spending Plan: These federal funds will support exceptional one-time
construction costs. Pinellas County will provide fifty percent
($1,000,000) of total project cost ($2,000,000). Pinellas County
provides ongoing service and operational costs.
____________________
EARMARK DECLARATION
______
HON. GEOFF DAVIS
of kentucky
in the house of representatives
Wednesday, September 24, 2008
Mr. DAVIS of Kentucky. Madam Speaker, pursuant to the Republican
Leadership standards on earmarks, I am submitting the following
information regarding earmarks I secured as part of S. 3001:
Requesting Member: Congressman Geoff Davis.
BM Number: S. 3001.
Account: Other Procurement, Army.
Legal Name of Requesting Entity: DRS Technologies, Inc.
Address of Requesting Entity: 7375 Industrial Road, Florence, KY
41042-2911.
Description of Request: Appropriate $2,400,000 for procurement of
Multi-Temperature Refrigerated Container Systems (MTRCS). MTRCS is the
follow-on generation of refrigeration systems. It provides the
capability to transport and store both refrigerated and frozen products
in a single container. It consists of an insulated 8' x 8' x 20'
International Organization for Standardization shipping container with
an engine-driven refrigeration unit that will allow operation on the
move. The two compartments are separated by a moveable partition
varying proportions of refrigerated versus frozen products, resulting
in maximum loading of the container.
MTRCS is used principally by subsistence units. It will also be used
by medical units for transport and storage of refrigerated medical
supplies, including blood products.
The benefit to DOD is more efficient space utilization and reduced
transportation requirements. Fewer vehicles will be required to
transport food on the battlefield, reducing the number of soldiers
exposed to danger from IEDs.
The Army Acquisition Objective for MTRCS is 4,432 systems, but only
1,050 are funded in the FY08-13 Future Years Defense Plan. This earmark
would authorize procurement of an additional twenty systems.
Requesting Member: Congressman Geoff Davis.
Bill Number: S. 3001.
Account: Research, Development, Test & Evaluation, Army.
Legal Name of Requesting Entity: Ashland Inc.
Address of Requesting Entity: 50 E. River Center Blvd., Covington, KY
41012-0391.
Description of Request: Appropriate $800,000 to continue development
of advanced coolant and lubricant systems utilizing nano-particle
systems to enhance the capabilities of military ground vehicles and
simplify supply logistics. FY09 will be the third year of this project.
The focus will be on transition to commercial production and final
testing of stable nanofluids with improved cooling and lubrication
properties while meeting all environmental requirements and making
these processes commercially scalable.
Funds will be used for (1) transition production from development to
commercial scale; (2) engine and vehicle dynamometer testing; and (3)
field demonstrations. A dynamometer is a device that absorbs the power
of an engine in the absence of a vehicle to move. The test engine to be
used is the new production engine for the HMMVW that has been the
engine of choice for that vehicle for the past several years. A test
cell is a physical container or room that is properly outfitted for
housing an engine-dynamometer combination for controlled and safe
operations. Field testing of the nanofluids will occur through use of
the HMMWV vehicle with the Optimizer 6500 Turbo-Diesel engine under
extreme arctic and desert conditions.
Military vehicles are designed to meet exceedingly strict and arduous
cooling, lubrication and overall performance requirements. One of the
goals of the Tank Automotive Command is to increase the performance and
durability of engines, power trains and their component parts to
support Army transformation in the areas of system mobility,
durability, reliability and survivability and may ultimately serve to
reduce the logistics cost burden for the Objective Force.
Requesting Member: Congressman Geoff Davis.
Bill Number: S. 3001.
Account: Operations & Maintenance, Air Force.
Legal Name of Requesting Entity: TiER1 Performance Solutions, LLC.
Address of Requesting Entity: 6 East 5th Street, Suite 400,
Covington, KY 41011.
Description of Request: Appropriate $1,600,000 for the Engineering
Training and Knowledge Preservation System (ETKPS). The Air Force is
facing significant turnover in its senior technical personnel. The Air
Force Materiel Command (AFMC) could lose as many as sixty percent of
its top engineers over the next three to five years.
Preserving the knowledge base is essential to AFMC and will be a
massive undertaking requiring processes and tools to capture
operational, technical, and critical thinking knowledge. Integrating
the ability to capture, store, align, and transfer knowledge to the
next generation workforce through a single, secure Web-based knowledge
and training portal is necessary. Functionality of this solution must
include the ability to track an individual's skills across competencies
throughout his/her career; evaluate all existing training and compare
the cost-benefits of competing training approaches; allow experienced
personnel to easily create new training and knowledge content in
accordance with pre-defined standards; plug into existing defined
competencies and skill requirements and capture knowledge from subject-
matter-experts to address these; link novices to experts in real-time
through a virtual Web Center; categorize, organize and search all
knowledge and information across the enterprise; deliver assessments to
determine skill proficiencies; deliver information in a variety of
ways--through distance learning, on-line reference systems, technical
manuals, job aids, mobile devices and other tools. FY 09 will be year
four of this ongoing project.
Funds will be used for (1) requirements analysis; (2) functional
design; (3) enhanced feature development; (4) USAF system integration;
(5) user acceptance testing; and (6) USAF selected site development.
Requirements analysis is an ongoing rigorous process to ensure the
product meets the very specific needs of the Air Force Materiel Command
(AFMC). Functional design results in a document used to inform and gain
agreement that what is being developed will satisfy the AFMC user
requirements. Enhanced feature development results in a prototype
developed per the functional design which is presented to AFMC for
testing and feedback. USAF system integration establishes proper
interfaces between the ETKPS system and existing Air Force IT systems.
User acceptance testing is used to
[[Page 21909]]
evaluate the quality and usability of the product. USAF selected site
development will result in the deployment of ETKPS to six Air Force
bases, ensuring consistency across all bases.
These system capabilities will enable AFMC to organize and align
information to support ongoing training and development of its total
workforce. Funding for this effort is critical to AFMC for maximizing
the effectiveness and efficiency of retaining existing knowledge
capital and for building effective training programs that support the
development of new personnel.
____________________
EARMARK DECLARATION
______
HON. JOHN M. McHUGH
of new york
in the house of representatives
Wednesday, September 24, 2008
Mr. McHUGH. Madam Speaker, I submit the following:
Requesting Member: Congressman John M. McHugh.
Bill Number: S. 3001.
Account: Defense Health Program (DHP).
Legal Name of Requesting Entity: Fort Drum Regional Health Planning
Organization.
Address of Requesting Entity: 120 Washington Street, Suite 302,
Watertown, New York 13601.
Provide an earmark of $640K for the Fort Drum Regional Health
Planning Organization (FDRHPO).
The funding will enable the organization, as part of the pilot
program reauthorized and expanded in P.L. 110-181, to hire the
necessary staff and conduct the required assessments.
Requesting Member: Congressman John M. McHugh.
Bill Number: H.R. 2638.
Account: RDT&E, Navy.
Legal Name of Requesting Entity: Trudeau Institute.
Address of Requesting Entity: 154 Algonquin Ave., Saranac Lake, New
York 12983.
Provide an earmark of $1.6 million for U.S. Navy Pandemic Influenza
Vaccine Program. The funding will support the acceleration of studies
of pandemic influenza vaccine research by developing and incorporating
the use of bioinformatics (the use of techniques including mathematics,
informatics, statistics) to solve biological problems associated with
pandemic influenza vaccine and related issues.
Requesting Member: Congressman John M. McHugh.
Bill Number: H.R. 2638.
Account: RDT&E, Army.
Legal Name of Requesting Entity: Clarkson University.
Address of Requesting Entity: 8 Clarkson Avenue, Potsdam, New York
13699.
Provide an earmark of $1.6 million for nanostructured materials for
Photovoltaic Applications. On a digital battlefield, scientific and
technological superiority in land warfighting capability places a high
premium on reliable and mobile communications systems. Lead acid
batteries and diesel generators must yield photovoltaic (PV or solar
cells) systems. Commercial and military efforts to achieve orders of
magnitude increases in photovoltaic (PV or solar cells) device
efficiency and decreases in cost have not been successful to date. This
research project will develop novel PV technology (such as
antireflective, antiflouling, and self-cleaning coatings for the solar
cell applications) that will increase efficiency and reliability.
Requesting Member: Congressman John M. McHugh.
Bill Number: H.R. 2638.
Account: RDT&E, Army.
Legal Name of Requesting Entity: State University of New York at
Plattsburgh.
Address of Requesting Entity: 101 Broad Street, Kehoe 815,
Plattsburgh, New York 12901.
Provide an earmark of $1.280 million to study the use of drugs to
reduce hearing loss following acute acoustic trauma. The project will
study the viability of using pharmacologic agents to reduce the effects
on hearing of an acute acoustic trauma such as that produced by blast
exposure. SUNY Plattsburgh's Auditory Research Laboratory is one of the
few laboratories in the U.S. dedicated to this type of research. Acute
blast exposure is a serious problem in current military operations,
resulting in disability status for a large number of personnel. This
project will provide an objective look at drugs that may reduce hearing
loss.
Requesting Member: Congressman John M. McHugh.
Bill Number: H.R. 2638.
Account: RDT&E, Army, Medical Advanced Technology.
Legal Name of Requesting Entity: WelchAllyn.
Address of Requesting Entity: 4341 State Street Road, Skaneateles
Falls, New York 13152.
Provide an earmark of $2.0 million for the Personal Status Monitor
(Nightengale). The funding will enable WelchAllyn to further develop
its smart sensing technologies which provide on-body sensing of
physiologic parameters that can be relayed to a remote server by means
of a series of wireless relay devices for notification in the case of a
critical or life-threatening event. The research and development will
provide DOD with mobile, wireless monitoring of patients and other
personnel who would benefit from being monitored where traditional
monitoring has not typically been used given high cost and weight of
devices.
Requesting Member: Congressman John M. McHugh.
Bill Number: H.R. 2638.
Account: RDT&E, Army.
Legal Name of Requesting Entity: Syracuse Research Corporation.
Address of Requesting Entity: 7502 Round Pond Road, North Syracuse,
New York 13212.
Provide an earmark of $3.2 million for the Foliage Penetrating,
Reconnaissance, Surveillance, Tracking and Engagement Radar (FORESTER).
FORESTER is an airborne sensor system that provides standoff and
persistent wide-area surveillance of dismounted troops and vehicles
moving through foliage. Designed and developed to fly on the A160
Hummingbird unmanned helicopter, FORESTER is a one-of-a-kind technology
providing the warfighter with all-weather, day-night target detection
and tracking capability in real-time. The request will provide the
funding necessary to transition FORESTER to the user community and
apply the technology to additional platforms.
____________________
EARMARK DECLARATION
______
HON. TIM MURPHY
of pennsylvania
in the house of representatives
Wednesday, September 24, 2008
Mr. TIM MURPHY of Pennsylvania. Madam Speaker, Pursuant to the
Republican Leadership standards on earmarks, I am submitting the
following information regarding earmarks I received as part of H.R.
2638, Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act of 2009:
Requesting Member: Congressman Tim Murphy.
Bill Number: S. 3001.
Account: Department of Defense, Navy, RDT&E, Shipboard System
Component Account.
Legal Name of Requesting Entity: Converteam Inc.
Address of Requesting Entity: 610 Epsilon Drive, Pittsburgh, PA
15238.
Description of Request: Appropriation in the amount of $2 million for
Navy Integrated Power System Converter. The Navy initiated the
Integrated Power System (IPS) program in 1995 to develop all-electric
power systems that can be used in any class of ship; CVN, DDG-1000, CGX
and SSN. IPS provides capacity for future combat system upgrades,
improved ship survivability, greater flexibility in ship design, and
reduced operating and support costs. The Main Propulsion Converters
(MPC) form the heart of the IPS concept, and with this development,
will provide significant advantages in size, weight and cost reduction
across all IPS equipment. In addition, this development will
significantly simplify the insertion of advanced weapons. This is an
ongoing project with the U.S. Navy.
Requesting Member: Congressman Tim Murphy.
Bill Number: S. 3001.
Account: Department of Defense, Army, RDT&E, Military Engineering
Advanced Technology Account.
Legal Name of Requesting Entity: PPG Industries.
Address of Requesting Entity: 440 College Park Dr., Monroeville, PA
15146.
Description of Request: Appropriation in the amount of $1 million for
Nanotechnology for Potable Water and Waste Treatment. PPG Industries
proposes to use its nanotechnology to water filtration technologies.
One such technology applicable to water filtration is nano-fiber mats
which may be produced in high volumes through an electromechanical
spinning technique developed by PPG. These nano-fiber mats can be
functionalized to sequester water contaminants quickly and efficiently.
Additionally, fiberglass can be modified with nano-materials and then
films to mitigate waterborne contaminants. The program will address
both conventional water treatment and
[[Page 21910]]
water security needs in a military field environment and the public
sector.
Requesting Member: Congressman Tim Murphy.
Bill Number: S. 3001.
Account: Department of Defense, Navy, RDT&E, Force Protection
Advanced Technology Account.
Legal Name of Requesting Entity: Curtiss-Wright.
Address of Requesting Entity: 291 Westec Drive, Mt Pleasant, PA
15666.
Description of Request: Appropriation in the amount of $1 million for
Navy High Power Density Motor Drive. Funding will complete drive design
and initiate prototype assembly of High Power Density Motor Drive for
Naval Submarine and Surface Ship Applications to meet the Navy's need
for a motor drive that is power dense, lightweight, with low distortion
and noise, high efficiency and high reliability as a companion to the
Extreme Torque Motor (XTM). The drive is the element which provides
proper energy to the motor, allowing for variable speed and direction.
Advances in control techniques and the combination of several power
electronics technologies will enable the development of a drive system
design that meets all of the Navy's requirements. The motor concept is
based on Harmonically Neutralized Frequency Converter (HNFC)
technology, a combination of proven power conversion techniques that
have been used for several decades in icebreaker and cruise ship
propulsion systems. Integration of this drive technology with XTM motor
development offer will enable the design of a complete Navy ``system'',
optimized for high demands of propulsion. This is an ongoing project of
the U.S. Navy.
Requesting Member: Congressman Tim Murphy.
Bill Number: S. 3001.
Account: Department of Defense, Army, RDT&E, Munitions
Standardization, Effectiveness and Safety Account.
Legal Name of Requesting Entity: National Center for Defense
Manufacturing & Machining.
Address of Requesting Entity: 1600 Technology Way, Latrobe, PA 15650.
Description of Request: Appropriation in the amount of $1 million for
Virtual Opportunity and Information Center (VOICe). The National Center
for Defense Manufacturing & Machining (NCDMM) has been working with
private industry under congressional support to produce a Virtual
Opportunity and Information Center (VOICe) that matches the
requirements of DoD and original equipment manufacturers to the
capabilities of small to medium manufacturers in Western Pennsylvania.
Many of these contracts require state-of-the-art machining tools and
techniques in order for the subcontractor to be successful. To assure
small manufacturers bid successfully and fulfill all contract
requirements, the NCDMM will work in partnership with industry to build
a Virtual Opportunity and Information Center (VOICe). VOICe will match
opportunities with job shops, as well as supply best practices and
requisite knowledge to solutions in high-speed machining, new machining
techniques, use of advanced measuring and testing equipment and
protocol, work holding, five-axis machining and other best practices.
Requesting Member: Congressman Tim Murphy.
Bill Number: S. 3001.
Account: Department of Defense, Army, RDT&E, Weapons and Munitions
Advanced Technology Account.
Legal Name of Requesting Entity: Kennametal.
Address of Requesting Entity: 1600 Technology Way, Latrobe, PA 15650.
Description of Request: Appropriation in the amount of $1.6 million
for Advanced Medium Caliber Tungsten Penetrators. Funding is needed to
continue development and conduct testing of advanced Tungsten alloys
that have the promise to deliver superior performance compared to
Depleted Uranium, and Tungsten/Nickel/Cobalt alloys. Funding for this
project will continue a multi-phased program that investigates several
Tungsten alloy candidates and consolidation techniques. After
laboratory characterization, multiple iterations of ballistic testing
in a variety of weapons systems are planned. Successful completion of
this phase will allow the Army to investigate the use of new Tungsten
penetrators in current and FCS weapons systems. The effort will involve
the U.S. Army Research Laboratory, Aberdeen, Maryland, and the U.S.
Army ARDEC at Picatinny Arsenal, to ensure programs are properly
targeted and result in new technology acquisition.
____________________
HONORING THE LIFE OF NORMA DANIELS
______
HON. JERRY MORAN
of kansas
in the house of representatives
Wednesday, September 24, 2008
Mr. MORAN of Kansas. Madam Speaker, I rise today to honor the life of
Norma Daniels. My thoughts and prayers go out to her husband Bob and
the rest of the Daniels family during this time of loss.
I admit that I have trouble knowing where to begin when it comes to
honoring Norma. You could call her Madam Chairperson--she was the chair
of the Kansas Rural Development Council. You could call her ``nurse,''
as that was her original occupation. Thousands of people called her
``Senator,'' and seven people call her ``Mom.''
Norma was born in Yates Center, a town of about 1800 people in
Woodson County, KS. She was raised in Kansas City, MO and did her
undergraduate work at St. Louis University. After becoming a registered
nurse, she met a young medical student at a hospital in Kansas City
named Bob Daniels. Bob went on to complete his internship at St.
Francis Hospital in Wichita, and while there, the two were married. Bob
and Norma raised 6 daughters and 1 son.
Knowing of her extensive service to her community through various
volunteer organizations, Bob raised the question of whether Norma
should run for City Council. Norma reacted in shock, saying she didn't
know anything or care about politics.
Sometime later, she was paying her city water bill and asked the city
clerk what it would take to run for city council. The clerk replied,
``Who would like to know--certainly not you, Norma.'' She answered,
``Why not?'' The clerk said, ``City business is like big business, and
women just don't understand it.'' That was all the motivation that she
needed. Norma ran for and won a seat on the city council, and never
looked back--winning every election she entered.
Norma knew she was a novice and became a student of government,
reading through ordinance books and state laws and visiting the police
and fire stations to learn the laws. Her work paid off, and her
successful career on the city council and encouragement from her
community led her to challenge a long time incumbent Kansas State
Senator. She became the first female State Senator ever elected from
Sedgwick County, winning by only 176 votes of the nearly 23,000 cast.
The media called her victory a fluke, but they were wrong. She was re-
elected to the Senate twice more, and in January of 1993 she retired.
I had the opportunity to serve with Norma in the Kansas State Senate.
Norma was a tireless advocate for her constituents and always a
professional. Her list of honors and activities is remarkable. She was
one of the first to represent Kansas in Tokyo at the Japan American
Grassroots Summit, a founder of the Valley Center Swim Club and a co-
leader of the Girl Scouts. But she kept it all in perspective.
Throughout her life she was a believer of rural America, saying that is
where the real diamonds of family life are found. She found great
happiness in serving others and in making life a little better for
those who needed a hand, and that is why Madam Speaker, I rise to honor
her today.
____________________
PERSONAL EXPLANATION
______
HON. JERRY WELLER
of illinois
in the house of representatives
Wednesday, September 24, 2008
Mr. WELLER of Illinois. Madam Speaker, had I been present for
Rollcall votes 616 through 618. I was absent on Monday, September 24th
due to personal reasons.
If I were present I would have voted, ``Aye'' on Rollcall vote 616,
``Aye'' on Rollcall vote 617, and ``Aye'' on Rollcall vote 618.
____________________
CELEBRATING THE 97TH NATIONAL DAY OF THE REPUBLIC OF TAIWAN
______
HON. DAN BURTON
of indiana
in the house of representatives
Wednesday, September 24, 2008
Mr. BURTON of Indiana. Madam Speaker, I rise as a senior member of
the House Foreign Affairs Committee and member of the House Taiwan
caucus, to honor the people of the Republic of China (Taiwan)--a strong
strategic partner and ally not only to the United States but also among
the democratic nations of our world--as they prepare to celebrate their
97th National Day on October 10th.
Taiwan's National Day, also known as Double Ten Day for its date on
October 10th,
[[Page 21911]]
marks the start of the revolution that toppled the Qing dynasty and
established the Republic of China, the first republic in Asia. Many
Chinese on Taiwan have compared the celebration of this day with our
own Independence Day and celebrate with the notable spectacle of
parades and fireworks.
It has been nearly a century since October 10, 1911 and the ROC on
Taiwan has become a full-fledged democracy. Just twenty some years ago,
Taiwan was a closed authoritarian society with no freedom of speech, no
freedom of assembly, and no right to vote. It now has robust political
parties, and virtually every office in Taiwan is contested through free
and fair elections. This past March, Taiwan successfully concluded the
fourth popular election for president since 1996, showing once again
her unwavering commitment to democracy and freedom. May Taiwan long
continue to be a beacon of prosperity and freedom for all of Asia.
I believe that all Americans should be proud that Taiwan and the
United States have enjoyed such a strong and durable relationship.
Taiwan is one of our largest trading partners and the cultural
exchanges between our two peoples are as vibrant as they have ever
been. We are committed to defending Taiwan under the framework of the
Taiwan Relations Act, and we are fully committed to a peaceful solution
of the Taiwan issue; no military conflict should ever occur in the
Taiwan Strait.
Taiwan has stood shoulder to shoulder with the United States to
combat the scourge of global terrorism; and the people of Taiwan have
always given generously in our greatest times of need with monetary
contributions to the Twin Towers Fund, Pentagon Memorial Fund and
through offer of humanitarian assistance to victims of Hurricane
Katrina. Taiwan and the United States are not merely allies; we are
friends and partners in the truest sense of the words.
I have been a long-time supporter of Taiwan and hope that my
colleagues and I will continue to improve relations not only between
the United States and Taiwan but between Taiwan and the international
community. It is imperative that the United States take more active
steps to support Taiwan's ongoing efforts to participate in the World
Health Organization, the United Nations, and the Asia-Pacific Economic
Cooperation (APEC) group and other regional and multi-national
organizations. It is regrettable that Taiwan has been excluded from
these organizations. It has been a gross injustice to deny Taiwan's 23
million people their proper voice in the world.
I myself have been to Taiwan on numerous occasions and have supported
the work of its leaders through tremendous challenges, particularly in
reference to cross-strait relations. As we continue to work toward
solutions in this region of the world, let us commemorate and remember
the ongoing commitment to democracy exemplified by Taiwan.
Madam Speaker, I would ask all of my colleagues to join me now to
thank the people of Taiwan for their friendship, to congratulate them
on the 97th Anniversary of National Day, and to renew our commitment to
further develop and strengthen the bonds between our two peoples.
____________________
EARMARK DECLARATION
______
HON. ELTON GALLEGLY
of california
in the house of representatives
Wednesday, September 24, 2008
Earmarks for FY 09 Defense Appropriations Bill, included in of the
Senate Amendment to H.R. 2638--Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009
Mr. GALLEGLY. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of the Senate Amendment to H.R.
2638--Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009:
Requesting Member: Representative Elton Gallegly, CA-24.
Bill: The Senate Amendment to H.R. 2638--Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
Account: Research, Development, Testing, and Evaluation, Navy, Line
94, Electronic Warfare Development.
Legal name and address of receiving entity: NAWCWD Point Mugu at
Naval Base Ventura County, Point Mugu, CA 93042.
Description of Request: This $1,600,000 would be for the development
and construction of the Enhanced Electronic Warfare laboratory at
NAWCWD Point Mugu. This laboratory upgrade at Point Mugu would directly
support EA-18G, EA-6B, MH-60, and the E-2C platform development. In
order to be effective in modern battle scenarios that contain multiple
threats, the EW weapon system requires the exact location and type of
all the threats in a 360 degree, or 4 quadrant, field of view. The lack
of a four quadrant simulation capability does not allow for complete
lab testing of modern EW weapons systems. Four quadrant lab testing
results in cost savings and more accurate test results due to the
repeatability of test data without having to repeat test flights.
Requesting Member: Representative Elton Gallegly, CA-24.
Bill: The Senate Amendment to H.R. 2638--Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
Account: Other Procurement, Navy, Line #91, Aviation Support
Equipment, Weapons Range.
Legal name and address of receiving entity: Argon ST, located at 2810
Bunsen Avenue, Ventura, CA 93003.
Description of request: This $1.28 million increase to this account
will be used to fabricate Advanced Ground Target Threat Simulators
(AGTTS) that simulate current threats and to develop AGTTS that
simulate new emerging threats that U.S. personnel and their weapon
systems may have to face. The AGTTS program will provide the majority
of the land-based simulators that U.S. forces will be able to use for
weapons T&E and operator training. I am told that the funding will be
used to design, analyze, develop, field and sustain the AGTTS.
Requesting Member: Representative Elton Gallegly, CA-24.
Bill: The Senate Amendment to H.R. 2638--Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
Account: Other Procurement, Army, Line 118, Communications and
Electronics Equipment, Items under $5 million.
Legal name and address of receiving entity: ITT/EDO, 2193 Anchor
Court, Thousand Oaks, CA 91320.
Description of request: This $1,600,000 would upgrade and replace GPS
survey tools for Army topographic engineers. The current instruments
face a growing parts obsolescence problem and are subject to GPS
jamming. This would create as many as fifty jobs in Ventura County. I
am told that approximately half of the funding would be used to update
and integrate real-time kinematic algorithms and modify SAASM software;
approximately 25% of the remaining funding would be used to test data
collection software and a handheld controller; and the remaining
funding would be used to complete and test the prototype system.
Requesting Member: Representative Elton Gallegly, CA-24.
Bill: The Senate Amendment to H.R. 2638--Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
Account: RDT&E, Navy, Line 70, PE# 0603795N, Land Attack Technology.
Legal name and address of receiving entity: MBDA, 5701 Lindero Canyon
Road, Suite 4 100, Westlake Village, CA 91362.
Description of request: This increase in this account would allow the
Navy to continue development of innovative missile solutions for an
Affordable Weapons System (AWS), capable of operating from ships and
with a potential Navy/USMC airborne launch capability. Phase I, under
completion, will define detailed weapon system missions, system and
subsystem requirements and capabilities, and system architecture to
allow the Navy to begin Phase II and serve as a basis for subsequent
development. The requested funding will transition AWS from Phase I to
Phase II, selecting the best materiel approaches for subsystem
development, testing and program risk reduction and create aerospace
engineering jobs in Southern California. Specifically, $5.8 million of
this increase will provide a technical design baseline; will identify
expected service life, environmental limits, reliability,
maintainability, and system operational tempo; will prescribe a test
program for system certification; and a plan for weapon system
integration on surface vessels and aircraft to meet Service
requirements. Further breakout of funds as follows: $2.8M to MBDA,
$1.7M to Subcontractors, $1.3M for Navy Management.
Requesting Member: Representative Elton Gallegly, CA-24.
Bill: The Senate Amendment to H.R. 2638--Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009.
Account: RDT&E, Defense-Wide, Line 95, PE# 604608D8Z, Joint
Capability Technology Demonstration (JCTD).
Legal name and address of receiving entity: Malibu Research, 3760-A
Calle Tecate, Camarillo, CA 93012.
Description of request: This $1,600,000 would create jobs in Ventura
County that will help to further develop for deployment the Silent
Guardian--Active Denial System, which provides an alternative to deadly
force by generating a very focused and controllable millimeter wave
energy that the skin absorbs, producing a heat sensation that rapidly
becomes
[[Page 21912]]
intolerable. The sensation stops immediately when subject steps out of
the beam or it is turned off. This will be used for soldiers, who,
Under Escalation Of Force (EOF) protocol, are supposed to perform
actions to get the drivers of potentially threatening vehicles to stop.
In today's operational environment, soldiers conducting security and
peace enforcement operations along convoy routes and at checkpoints
face the extreme circumstance of making instantaneous life and death
decisions balancing the EOF and ROE. With this funding, I am told that
approximately $500,000 will be used to develop high power waveguide
lens and procure long lead items including transmitter; approximately
$800,000 will be used to fabricate large diameter W band system
prototype; and approximately $300,000 will be used to perform
functional testing of W band prototype.
____________________
EARMARK DECLARATION
______
HON. KEVIN BRADY
of texas
in the house of representatives
Wednesday, September 24, 2008
Mr. BRADY of Texas. Madam Speaker, I submit the following:
Requesting Member: Congressman Kevin Brady, Texas 8th Congressional
District.
Bill Number: H.R. 2638--The Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
Account: Combat Vehicle and Automotive Advanced Technology, 33
0603005A.
Requesting Entity: Verdient Technologies LLC.
Address of Requesting Entity: 1401 McKinney Street, Suite 900,
Houston, TX 77010.
Description of Request: For the final year of a 2 year project, I am
requesting funding aimed at completing a project that will allow
military personnel in Iraq, Afghanistan, and other theaters to stay
cool in their vehicles without running the engine. Today vehicles must
run their engine to keep crew members cool, a heat-signature is created
and that provides a target for enemy fire and fuel is wasted resulting
in decreased combat effectiveness and operational range.
The request funds completion of the No-Idle Complex Compound
(``NICC'') project, which is developing technology powered by diesel
fuel to cool or heat the crew cabin in military vehicles when the
vehicle engine is not operating. Without this system, the vehicle
engine must be idled to provide cooling or heating thus wasting
significant amounts of fuel, polluting the environment and creating a
thermal and acoustic signature. The proposed development will design
and build prototypes of the NICC system for military combat vehicles,
address critical manufacturing, and quality control processes and
manufacturing technology. When utilized in combat, the NICC will cool
personnel and electronics with minimal thermal or noise signature,
enhancing both the comfort and safety of our troops--allowing them to
more safely and effectively execute their mission.
The $1.6 million project will be completed in four stages: (1)
manufacture of three prototypes at $750,000 (47%); (2) tracking results
of field testing at $450,000 (28%); (3) implement second round of field
testing at $250,000 (15.5%); and (4) design of final product for
vehicle integration at $150,000 (9%).
Requesting Member: Congressman Kevin Brady, Texas 8th Congressional
District.
Bill Number: H.R. 2638--The Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
Account: R1: Aerospace Propulsion and Power Technology.
Requesting Entity: Sam Houston State University.
Address of Requesting Entity: Sam Houston State University, 1806 Ave
J, Suite 303, Huntsville, TX 77340.
Description of Request: With one more year to go before completion,
this is the second year I have requested funding for TRIES. The project
has received funding for a total of 7 non-consecutive years. This
request will provide funds to Sam Houston State University and Texas
State University System to finalize research of a technology for the
treatment of contaminated water to make it usable for our troops in the
field or during natural disasters.
Of the $1.6 million TRIES received this year, approximately $312,000
(19.5%) will go to direct labor; $360,000 (22.5%) for materials;
$824,000 (51.5%) for other direct expenses; and $104,000 (6.5%) for
demonstration.
____________________
EARMARK DECLARATION
______
HON. GINNY BROWN-WAITE
of florida
in the house of representatives
Wednesday, September 24, 2008
Ms. GINNY BROWN-WAITE. Madam Speaker, pursuant to the Republican
Leadership standards on earmarks, I am submitting the following
information regarding member requests I received as part of H.R. 2638,
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act of 2009:
I requested 3 projects in H.R. 2638. They include:
$800,000 for the Miami Project to Cure Paralysis--Battlefield
Exercise and Combat Related Spinal Cord Injury Research located at 1095
NW 14th Terrace, Miami, FL 33136. This request, in the RDTE,A account,
will fund continuing spinal cord injury (SCI) research at the Miami
Project to Cure Paralysis, a Center of Excellence at the University of
Miami School of Medicine. Research is directed at improving
neuroprotection and pharmacological treatments for combat-sustained
spinal cord injuries to reduce secondary damages.
$1,200,000 for St. Leo University's Continuing Education Distance
Learning located at 33701 State Road 52, P.O. Box 6665, St. Leo, FL
33574. This request, in the OM,N account, will be used for long
distance learning programs that are utilized by members of our Armed
Forces. At this time, the university's main campus and 21 teaching
locations (15 military locations) can accommodate the VTT broadcast and
delivery of academic courses. Four new centers located at military
sites are scheduled for VTT system installation in 2008, and
discussions are underway to add VTT at 4 military teaching locations in
2009. VTT system installation also is scheduled for the university's
civilian teaching location at the Atlanta Police Training Academy,
where law enforcement and military personnel study criminal justice and
homeland security.
$5,200,000 for VLOC, Inc., located at 7826 Photonics Dr., New Port
Richey, FL 34655. This request, in the DPA account, will be used for
the domestic production of transparent polycrystalline laser gain
materials.
The Department of Defense is calling for the development of tactical
lasers that generate 100+ kilowatts of output power in an all-solid-
state design with field-testing starting within the next 12 months. To
generate this level of operational power, new and unique laser
materials must be produced commercially and domestically. Under
previous forward-leaning research funded by the AFRL, U.S. industry was
able to research and test innovative growth technologies,
infrastructure improvements, and advanced materials analysis of these
new ceramic laser gain materials. Unfortunately, at the start of these
testing efforts, there were no parallel commercial polycrystalline-
based efforts domestically that would address U.S. defense-critical
needs. A domestic supplier now exists and it is imperative that
domestically produced materials be tested and qualified to maintain the
military proprietary status of these highly sensitive military 100+
kilowatt-class lasers. By leveraging this previous R&D funding, it is
expected that full domestic production with volumes to meet all of the
current DoD needs can be achieved.
____________________