[Congressional Record (Bound Edition), Volume 154 (2008), Part 5]
[Issue]
[Pages 6272-6401]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 6272]]
HOUSE OF REPRESENTATIVES--Thursday, April 17, 2008
The House met at 8:30 a.m. and was called to order by the Speaker pro
tempore (Mr. Hoyer).
____________________
DESIGNATION OF THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore laid before the House the following
communication from the Speaker:
Washington, DC,
April 17, 2008.
I hereby appoint the Honorable Steny H. Hoyer to act as
Speaker pro tempore on this day.
Nancy Pelosi,
Speaker of the House of Representatives.
____________________
PRAYER
Dr. Alan N. Keiran, Chief of Staff, Office of the Senate Chaplain,
offered the following prayer:
Lord God, creator of heaven and Earth, as we open this legislative
day, we pause to consider the grandeur of Your creative genius. We are
struck by the vastness of space and the countless heavenly bodies that
light the night sky. Likewise, we observe with awe and wonder Your
magnificent handiwork in the advent of springtime, often being moved to
worship You for the botanic beauty we are privileged to enjoy. To You
alone, O God most high, belong all praise and glory.
We pray for Your grace to guide the Members and former Members of
this body on this very special day, as they serve those who have
elected them to public office and the Nation we all love.
We also pray for all those who are attending the Pontiff's mass this
morning, that they would sense Your presence in life-changing ways. May
Your spirit empower people of faith to seek You with all their hearts
and minds.
We pause as well to pray for those in harm's way and their families.
Be with those wearing the cloth of our Nation in the long watches of
the night in places far from home. Bring them solace in times of deep
loneliness and hope for a joyous homecoming.
May we all know Your peace that passes understanding, Your hope that
sustains us in times of trial, and Your love that fills the deepest
recesses of our hearts.
We pray in the Name that is above every name. Amen.
____________________
THE JOURNAL
The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.
____________________
PLEDGE OF ALLEGIANCE
The SPEAKER pro tempore. Will the gentleman from New York (Mr.
McNulty) come forward and lead the House in the Pledge of Allegiance.
Mr. McNULTY 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.
____________________
RECESS
The SPEAKER pro tempore. Pursuant to the order of the House of
Thursday April 10, 2008, the House will stand in recess subject to the
call of the Chair to receive the former Members of Congress.
Accordingly (at 8 o'clock and 35 minutes a.m.), the House stood in
recess subject to the call of the Chair.
____________________
RECEPTION OF FORMER MEMBERS OF CONGRESS
The Speaker pro tempore presided.
The SPEAKER pro tempore. On behalf of the House, I consider it a
great honor on behalf of Speaker Pelosi, Leader Boehner and myself to
welcome not only former colleagues but very good friends. I am
particularly pleased to recognize the former Speaker of the House, Bob
Michel. I know that's technically not accurate. I tried to get him the
votes to get that office, but another person intervened. But we are
certainly pleased to recognize and welcome back the distinguished
minority leader to the House, a good friend. I, of course, somewhat
parochial, particularly want to recognize my good friend, Senator Joe
Tydings. When I first ran for the Maryland State Senate, I had a little
tiny brochure. On the front page of that brochure were two people--
Senator Tydings, who had been elected in 1964 and myself in 1966--both
former Presidents of the Young Democrats of Maryland, walking down the
street. So to that extent, if you're really upset with my being here,
Senator Tydings has some responsibility for that. You can talk to him.
Also, the first Young Democrats convention I attended, the President
of the Young Democrats of Maryland was a gentleman named Goodloe Byron.
Goodloe E. Byron. He served with me in the State Senate. He came to
Congress before me, tragically passed away at an extraordinarily young
age, and his wife, as all of you know, succeeded him. A friend of mine
for 40 years--she was 7 at the time when we first met--Beverly Byron.
It's particularly good to recognize you and to welcome all of you back
to the House.
The Chair will now recognize the Honorable Dennis Hertel. It's a
particular pleasure for me to recognize Dennis Hertel because, as some
of you know, he came to the Congress the same year I came to the
Congress. He left the Congress not at the request of the citizens of
Michigan but at the request of the citizens who served in the State
legislature. They divided his district up not in three ways but in four
ways, all that had Democratic incumbents. He chose not to take any of
them on. They were all relieved by that. You have done well in choosing
him as your leader for this year.
The chair is yours.
Mr. HERTEL (presiding). I want to thank Leader Hoyer, not only for
his very kind remarks today and for taking the time to be with us but
the fact that he has always come to help us with our one day of session
here as former Members of Congress. It's very, very much appreciated
that Leader Hoyer with his busy schedule always has time to come
forward for us.
Mr. Jim Slattery from Kansas, the President of our Association,
cannot be with us today because he has left our position as President
of the Former Members Association to become a candidate for the United
States Senate in Kansas for the Democratic nomination. And so because
he is pursuing that worthy goal, we have Jay Rhodes, who has been our
Vice President from Arizona and done such an excellent job. Jay will
step up to become President of the Association and take on those duties
today.
The Chair recognizes Jay Rhodes of Arizona, the acting President of
the Association of Former Members of Congress.
Mr. RHODES. I apologize for a little delay in getting things going.
There's been some confusion about the access to the floor of our
international guests who have always been welcomed to the floor during
this ceremony but for some reason that has not occurred, so they will
be in the galleries. I'm sorry about that. That's not the way we wanted
things to happen.
Mr. Hoyer, thank you very much. And thank you for giving us access to
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the Chamber. We have a very special event, if you will, which is to
honor a very distinguished statesman, the former majority leader of the
United States Senate, Senator George Mitchell of Maine. As far as I am
concerned, that's the highest rank that you have achieved. You have
achieved others, but being the majority leader of the Senate is
something to behold and something to beholden to. We are proud that you
are a member of our Association, the Former Members of Congress, and we
are proud to recognize your service to our country as majority leader.
As a peacekeeper. I think you had more success in making peace in
Ireland than you have in baseball. But certainly your work in trying to
uncover and rectify the use and misuse of performance-enhancing drugs,
especially in professional baseball, is something that I know you're
proud of and we're proud of. We believe that your work will have taken
our national pastime and restored its luster. We are very pleased and
happy that you have assisted the country again in a very important
effort.
It's a great pleasure for me as the President of this Association to
welcome you and to present to you our Distinguished Service Award and
to ask you if you would say a few words to our group.
Mr. MITCHELL. Thank you very much, Congressman Rhodes. Thanks to
Congressman Hoyer and to all of our colleagues here. Let me say that I
am grateful to you for the kind words, Congressman Rhodes, and grateful
to all of the Members Association for the honor that you have bestowed
upon me. I think it's fitting that this ceremony of former Members be
held in the House Chamber.
I recall very clearly when I was elected majority leader of the
Senate and I attended the first official function with the Speaker.
Prior to the function, we met and I said, well, we have to decide who
goes first. He said, yes. We can discuss that, he said, but I'd just
like to call to your attention that the position of Speaker is
mentioned in the Constitution and in the laws of the United States, but
nowhere in either the Constitution or any law is there any reference to
a majority leader of the United States Senate. He said, but I'm
perfectly prepared to discuss who should go first.
I said, well, I think you've made it rather clear. Ever since then, I
have deferred to every Speaker and, in fact, every Member of the House
I ever met because it made such a powerful impression on me, about the
primacy of the House of Representatives in our system of government.
Service in the Congress or in comparable bodies around the world like
the Dail in Ireland, where I know there are many here today, and from
Canada and other countries is, of course, a high honor and a great
privilege. My service in the United States Senate, including my 6 years
as Senate majority leader, was one of the highest honors of my life. I
was fortunate thereafter to engage in other public service activities,
including 5 years in Northern Ireland where I served as chairman of the
peace negotiations and of other activities in bringing to a close the
conflict in Northern Ireland. But nothing will ever for me exceed the
honor of having been a Member of the United States Congress. I know
that every former Member here, indeed all former Members, has shared
that view. It was not very long ago, of course, that I served. Then as
now, there were challenges facing our Nation. Then as now, there were
differences between the parties. But I hope that now as then the
current Members will rise to the challenge and be able to meet the very
important problems and address the issues facing our great country and
the world.
In conclusion, I thank everyone here very much. You know, for most
human beings, life is in essence a never-ending search for respect.
First and most important, self-respect and then the respect of others.
There is no one certain route to gaining respect, but I have always
felt that the best way was through service to others. And so I think
that Members of Congress, despite the fact that in ours, as in every
democratic society, there is a lot of criticism, a lot of complaint,
nonetheless, I think every Member of Congress has earned and deserves
the respect of the people for their dedication and their service to
others.
Thank you all very much for this great honor.
Mr. RHODES. Senator, thank you very much for your comments. I think
the significance of your comments is the fact that you and Members of
the other body do recognize that it is one Congress composed of two
separate and equal bodies. We appreciate that portion of your comments
as much as anything else.
We do have a scrapbook with remembrances from your former colleagues,
both in the House and the Senate, appreciating your service. And, of
course, the plaque. Now I will read the plaque since I've got my
glasses on. Actually I don't have my glasses on.
Senator, you've got a lot of these. It just says that we recognize
your lifetime of service to this body, this body being the Congress,
not the Senate, and to our country. And we appreciate it very, very
much and we appreciate your being with us this morning.
And so I present to you, A, the scrapbook; and, B, the plaque--I hope
that your wall space has room for it--again from a grateful Nation.
Thank you very, very much.
Mr. MITCHELL. I guarantee you my wall space will have room for this,
a very prominent place on my wall. Thank you very much, Jay.
Mr. RHODES. Thank you, sir.
Mr. HERTEL. The Chair recognizes the distinguished majority leader,
the gentleman from Maryland (Mr. Hoyer).
Mr. RHODES. Do you want to recognize Mr. Hoyer or do you want me to
recognize Mr. Hoyer?
Mr. HERTEL. We can both recognize Mr. Hoyer.
Mr. RHODES. Mr. Hoyer, you're recognized.
Mr. HOYER. May I use this podium?
Mr. RHODES. You may do whatever you wish, Mr. Majority Leader.
Mr. HOYER. Let me come over here.
I tell a story when I greet, as so many of you have, constituents to
the floor of the House. I tell them the story that few Members of the
House did I come with a more negative perception of than John
Rousselot, as you can imagine. John Rousselot had quite a reputation
around the country. And I say that to them for the purpose of saying
that I ended up thinking John Rousselot was one of the really
delightful human beings with whom I served, notwithstanding our deep
disagreements. Some of you who served during his term will recall, as
we know, John had a problem with his leg, but he used to delight, as
you recall, going over to that rostrum and talking to you us. You
remember that, Bob, I am sure, very well. He did it, however, not in a
confrontational way but with a twinkle in his eye, as if to say, I'm
coming over here and I'm going to tell you guys what you really ought
to be doing. And I really always enjoyed it.
When Jay said, well, I'm not going to speak from that rostrum, I'm
going to come over here, it reminded me of that.
Unfortunately, as all of you know through the years now, the aisle
has become more a wall than an aisle. A division has grown. I lament, I
really do, Bob Michel's loss from the House and from the country's
service in this body--he still serves our country as all of you do as
well--because he was, with Tip O'Neill, two unifying leaders who tried
to bring us together, not agreeing necessarily but disagree in a sense
of trying to get together to solve problems with our different
perspectives being involved. As all of you know, I have a deep
affection for Bob Michel for that reason. But I always come here--
before I was majority leader I came here--because I want to thank all
of you for the service you have given to our country, the friendship
you have given to me and so many others in this body.
Some of you I see on a regular basis. The Historical Society
obviously making such a continued contribution. I saw Ben Gilman 2 days
ago at a breakfast at which I spoke. But I really wanted to reiterate
the welcome of Speaker Pelosi to all of you back to the House.
I also want to recognize our friends, and I'm not sure which one of
you are
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here, from Great Britain, from Ireland. As a matter of fact, I think
there are 19 Irish Parliamentarians here. There are a couple from
Greece and New Zealand; Great Britain, as I said; and Canada. So we
have five nations represented who with the United States have something
in common with one of them, Great Britain. And we have much in common
with all of us. We welcome you to the House. You are friends and great
allies at a time of challenge for the global community, both in terms
of economics, in terms of terrorism, in terms of moving our
international community towards a more peaceful resolution of its
problems.
Senator Mitchell. Did he leave? I'm sorry. I should have said that at
the beginning. I was going to invite Senator Mitchell, based upon his
experience in Northern Ireland, if he might visit us here and see if he
can resolve the differences between the Senate and the House. I thought
that might be a very useful contribution to the country. We're having
some problems. You may have noticed. The Senate is a strange body,
Senator Tydings. We're trying to work with them, but it is very
difficult.
In any event, I want to welcome all of you back and thank you for
what you have done for our country on both sides of the aisle, as
Americans, not as Republicans or as Democrats but as Americans, and say
how honored I am to have the opportunity to join with you on this day
when you return, to remember what you have done here, but to also
remember the friendships that we have made here.
Good luck to you. Thank you very much.
Mr. HERTEL. I want to thank the majority leader. Let me say that it's
very appropriate that my Republican friend Mr. Rhodes and I both
introduced the majority leader because if there was an award for
statesmanship for an incumbent, I think our majority leader would
certainly achieve that.
It's something to always follow the model that Tip O'Neill set for
us, of being bipartisan in the ways that affect our country. I remember
the great affection that Tip O'Neill had for Bob Michel and how they
worked together, even though they fought on issues on a daily and
weekly basis of importance to our country. I remember Tip O'Neill
telling me about the love he had for one of his very best friends,
Jerry Ford, the President from Michigan, a Republican, who was as
partisan as Tip when he was the minority leader here in the House. What
I have seen in the distinguished majority leader is taking from the
Speakers that I was honored to serve under, taking the intellectual
abilities of Mr. Foley and the partisan aggressiveness of Mr. Wright
and the wisdom and the common touch of Tip O'Neill, and that is
embodied in our distinguished majority leader. He then carries forth
the fact that you can be an active partisan on behalf of your party in
your beliefs and at the same time reach over and work with the minority
and understand their viewpoint even as you are strong and aggressive on
the principles that you believe in. So we thank the distinguished
majority leader again for taking the time to be with us and for his
leadership on behalf of our country.
The Chair would like to also thank Mr. McNulty from New York.
Chairman McNulty has always been very generous with his time, also,
with the former Members and we appreciate his time today with such a
busy schedule.
The Clerk will take the roll.
The Clerk called the roll of the former Members of Congress, and the
following former Members answered to their names:
Former Members of Congress Participating in 38th Annual Spring Meeting
Thursday, April 17, 2008
Mr. Broyhill of North Carolina
Mr. Buechner of Missouri
Mrs. Byron of Maryland
Mr. DeNardis of Connecticut
Mr. DioGuardi of New York
Mr. Frey of Florida
Mr. Garcia of New York
Mr. Gilman of New York
Mr. Goodling of Pennsylvania
Mr. Hertel of Michigan
Mr. Hockbrueckner of New York
Mr. Hughes of New Jersey
Mrs. Kennelly of Connecticut
Mr. Konnyu of California
Mr. Kramer of Colorado
Mr. Kyros of Maine
Mrs. Long of Louisiana
Mr. McHugh of New York
Mr. Michel of Illinois
Mr. Nichols of Kansas
Mr. Parris of Virginia
Mr. Rhodes of Arizona
Mr. Sarasin of Connecticut
Mr. Shaw of Florida
Mr. Thomas of Georgia
Mr. Zeliff of New Hampshire
Mr. HERTEL. The Chair announces that 26 former Members of Congress
have responded to their names.
The Chair recognizes the President of the Association, Mr. Rhodes,
the distinguished gentleman from Arizona.
Mr. RHODES. Thank you, Mr. Hertel. For those of you who don't quite
understand what the cast of characters is here, you would have expected
that our friend Jim Slattery from Kansas would be standing here as
President of the Association. Jim made a decision to return to Kansas
and to run for the Senate. He also made the decision that that
commitment of time and effort would not allow him to devote the time
and effort that he had remaining on his term of office as President of
the Association, so he did resign. The by-laws really don't say a lot
about when an officer resigns to run for office again, but they do say
when the President is not here, the Vice President shall act as
President. And so I am technically the Vice President and I am here
acting as the President. If anybody wants to challenge me, do so now or
forever hold your peace. Within the ordinary course of events within
the next few days or so, I will be elected to be President, and then
you will have no challenge whatsoever. But I am here for Jim and I want
to acknowledge Jim's service to the Association, to the Congress and to
the country. He has served this Association extremely well. We have
made great progress, building on progress that began about 6 years ago,
or more, with Matt McHugh and then with Larry LaRocco and then with
Jack Buechner. Your association has grown in stature and in numbers and
in activities. We're going to outline a lot of that activity here for
you today.
It is also a great pleasure for me to welcome to our meeting former
Parliamentarians from Canada, from the United Kingdom, from Ireland,
from Greece, and from Turkey. We are very, very honored to have you
with us. We are very honored to have the kind of association that we
have with your respective associations. We hope to continue to have
those grow as well. And we will continue to carry out the activities
that have made us, I think, a more vibrant and, I think, a more
productive portion, quasi-governmental portion of the Government of the
United States. We have accomplished a lot and we have a lot more to do.
I look forward very much to a 2-year term as President. I am going to
be assisted very ably by Congressman Hertel, who will be the Vice
President, and by Congressman Buechner, who has graciously agreed to
continue in the post of Past President. I don't think Jack has a vote,
but he does have a role to play because he has been extremely active in
the growth of the organization and we need his experience and we need
his advice and we appreciate the fact that he is going to continue in
that role. That's the last nice thing I'm going to say about you.
But I'm going to introduce you, because I want you to tell the
Association what you and we have been doing in the area of democracy
building.
Jack, welcome back. It is good to see you.
Mr. BUECHNER. If the gentleman will yield, I am glad to be back. I
want to thank everyone for participating in the programs that we've put
together on the international end of it. In particular, something new
for the association is its participation in the International Election
Monitors Institute, the IEMI. It's a joint project of our association
with our sister organizations in Ottawa and Brussels. I am pleased that
some of our Canadian and European delegates, our colleagues active in
the IEMI, have made the trip to D.C. to be with us today. Of course,
joining the Prime Minister of Great Britain and
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also the Pope. What a great time to be in Washington, D.C., for the
springtime.
The first goal of our institute is to take former legislators, and I
am going to use the term ``legislators'' rather than Parliamentarians
or Members of Congress. I happened to see something the other day that
``parliament'' comes from the French word which is basically parle, to
talk. Congress comes from the Roman word which is a gathering of
enemies. And I thought, I wonder if the Founding Fathers were playing a
little joke when they called it a Congress. These legislators we have
taken from the EU, from the United States and Canada and we have
training sessions in proper election monitoring.
It's easy to think that because you've run for office and held office
that you know something about elections. Well, you may know something
about a ridings in Calgary or about a congressional district in South
Carolina, but that doesn't mean you know what you're doing in Chad, and
we're not talking about Florida chads, we're talking about the country
of Chad or someplace that is having an ongoing uprising by a minority
party or a different tribal distincts. The Orange Revolution taught us
a whole lot about what election observations were all about. Sometimes
it was just sitting and making sure that the guys in charge--sometimes
gals in charge--were not manipulating the vote. So we have been able to
put together these training sessions and we've hosted other meetings.
We have gotten a 3-year grant from the Canadian International
Development Agency. We've sent dozens of U.S., Canadian and European
former legislators who have gone through this training and are now
well-versed in an actual set of responsibilities and challenges that
come with election observation. A part that's very significant is a
code of conduct, to make sure that when our representatives are in
these different election areas, that they know what they are supposed
to be doing and what they are not supposed to be doing. This is an
interesting thing, especially for United States politicians going
someplace where the microscope is always on whatever it is we do. A
mere stumble can sometimes, and I don't mean physically, but a turn of
phrase.
One of the things that happens, you should know, is that sometimes
the electoral mechanism, somebody in a country will look at one of our
representatives and say, well, what do you think we should do? The
inclination is, well, I'd throw that ballot out. Or I'd accept that
ballot. One of the things we train our representatives to do is to be
cool and to step back and to say, it's your election, not our election,
and we're just here to make sure that the world knows what goes on
here. Now you decide what to do with that ballot. It's a very, very
powerful thing.
We have had an international delegation that went to the Morocco
elections. We had 52 observers from 19 countries. We deployed to 12
regions in Morocco and visited 375 polling stations. In addition,
observers participated in briefings and meetings before election day to
ascertain the political and legal climate in which the Moroccan
electorate could cast their votes. We saw a well-organized and
transparent election on September 7. Moroccan authorities had trained
polling officials well and ensured that voters were given the
opportunity to cast a secret ballot without undue influence. There were
reported irregularities, but the overall impression gathered by IEMI
monitors was that the Government of Morocco should be congratulated on
a free, fair, and transparent election process.
But one of the problems was participation. An awful lot of people
said, you know, even though I've got the first opportunity to vote, I
think that the King's going to influence it or the Islamic parties are
going to be overrepresented, that they had the same kind of skepticism
that we in the West frequently have to encounter, that low turnout of
37 percent, but a high number of protest votes. One vote we saw at the
polling station said, I can't vote for any of these idiots, which is
sort of the ``none of the above'' with a little more emphasis. But it
showed there was an evidence for further political reform necessary in
Morocco. Former Parliamentarians can play a crucial role in encouraging
widespread engagement in the process. It is IEMI's hope that over the
next few years leading up to Morocco's 2012 elections, former
legislators will be invited to assist in developing reforms such as
civic education or effective political leadership.
In addition to participating in those missions and conducting several
training sessions, the IEMI has created a strategic plan which
envisions its expansion over the next 5 years. Part of that vision is
to become active not just in election observation missions but in
democracy building work, now being carried out worldwide by U.S.,
Canadian and European NGOs. For example, former legislators could play
a crucial role in aiding a peaceful transition of government following
an election. We could work with newly elected legislators as they begin
their work in a representative democracy. We could share our experience
when it comes to the nuts and bolts--we all know about the nuts in the
legislative branch--but, for example, the work of committees or relying
on a professional staff. In many countries, there are no professional
personnel to work with the legislators. I recall one of the first
things that happened when I was a new member of the Association is we
actually helped the Ukrainian Parliament train what were basically law
students and political science students, train somebody to work with
the Parliament because there was no one there. And in the Russian Duma
in the early stages, if you wanted to introduce a bill, you had to
actually bring enough paper to print copies for every member of the
Duma. That was just one of those little things that starts a democracy
rolling, but you have to deal with it. We believe that via the
Institute, we are positioning ourselves to play an integral part in
democracy building.
Before I yield back the floor, let me recognize Doug Rowland, if you
would stand up. Doug is the President of our Canadian counterpart, our
neighbor to the north, but is also the President currently of the IEMI.
He deserves a round of recognition. Doug, thank you for your efforts
and for all the members of the board.
With that, Mr. President, I thank you for giving me the opportunity
to report on the IEMI.
Mr. RHODES. Jack, thank you very much.
Jack mentioned that the root meaning of the word ``parliament'' is
talk. Jack demonstrates the fact that he really is a parliamentarian,
because there's nothing about which he cannot talk at length. I wonder,
though, if you know what the root meaning of the word Congress is. If
you look up Congress in a dictionary, the first definition is sexual
intercourse. Then it gets into what you said it was, which is
conversation amongst others. Fortunately, I think that we mostly do the
latter, I hope.
Another of our international programs is something that I would like
to have our friend Beverly Byron from Maryland report on. We have done
quite a number of external programs that Beverly is an expert on and
will share her expertise with us, hopefully as a Congressman and not as
a Parliamentarian.
Mr. HERTEL. The Chair recognizes the distinguished Congresswoman from
Maryland, Beverly Byron.
Mrs. BYRON. I'm afraid to touch that podium after his remarks.
Mr. RHODES. I don't blame you.
Mrs. BYRON. Let me first of all thank our acting temporary
President--until this afternoon.
Mr. RHODES. Are you going to challenge me?
Mrs. BYRON. Oh, I don't know. It's early in the day. I've got
probably a couple of hours. You can never tell.
Let me say that I have been tasked to talk about a program that I
think is one that the acting Members and the former Members have put
together and have worked very hard--the Study Groups on Germany,
Turkey, Japan and Mexico. I originally thought I was just going to be
talking about the German Study Group which I have been interested in
and have no problem with
[[Page 6276]]
the pronunciation on the German names, but I have Turkey, Japan and
Mexico. And so bear with me as we go along.
The Association serves as the secretariat for the Congressional Study
Groups. Germany is the largest and most active exchange program. It is
U.S. Members of Congress and Parliamentarians of Germany. It is a
bipartisan organization, much as this one is, and they alternate the
Chairs, Democrats and Republicans, on the U.S. side. The German group
is celebrating its 25-year anniversary this year. The primary goal of
the Study Group is to establish a dialogue between Members of Congress
and their counterparts in the Bundestag. The group has a Distinguished
Visitors Program where they bring high-ranking German elected officials
to the Capitol. Last year, the Study Group on Germany organized events
featuring political leaders such as Chancellor Angela Merkel; Dr.
Norbert Lammert, President of the German Bundestag; and Minister Sigmar
Gabriel, Federal Minister for the Environment. Every year, the Study
Group brings approximately eight Members of Congress together with
sometimes an equal number, sometimes more, of the German legislators
for several days, focusing on discussions with a predetermined agenda.
The Parliamentarians usually are joined by several former Members of
Congress and former Members of the Bundestag. They also have officials
of the two federal governments attending, think-tank and foundation
representatives, and members of the German-American corporate
community. In 2007, the annual Congress-Bundestag seminar took place in
Hamburg, Germany. This year the Study Group is going to be in Utah for
its 25th annual seminar and it will be taking place in the current U.S.
president of that organization, Rob Bishop's, district. The upcoming
program is going to discuss topics such as NATO, relations with China,
and renewable energy. Our program this morning is on the energy issue.
I think it's one that we all are very much interested in.
We need to thank the Study Group's supporters because it could not
operate without financial support. Here comes the advertisement: Craig
Kennedy and the German Marshall Fund are extremely active. The Marshall
Fund has funded this program for many years. The Business Advisory
Council also donates support on the administrative side of the Study
Group and current companies such as Airbus, Allianz, BASF, Daimler,
Deutsche Telekom, DHL Americas, EDS, Eli Lilly, Fresenius, Lufthansa,
RGIT, SAP, Siemens, and Volkswagen, to name but a few.
Modeled after the Congressional Study Group on Germany, the
Association has established other Study Groups. The Turkish group in
2005. Turkey as we all know is important for so many reasons: Peace in
the greater Middle East, the expansion of the European Union, the
transformation of NATO. The Study Group on Turkey brings current
Members of Congress together with their legislative peers, government
officials and business representatives in Turkey and serves currently
as a platform for participants to learn about U.S.-Turkish relations
firsthand. Thanks to funding from the Turkish Coalition of America, the
Economic Policy Research Foundation of Turkey and TOBB, the German
Marshall Fund also funds some of the work with the Turkish group, and a
group of corporate sponsors, the Study Group on Turkey has brought
important guests to Capitol Hill. That includes then Turkish Foreign
Minister Abdullah Gul, who is now President of Turkey; Assistant
Secretary of State Daniel Fried; and many delegations of Turkish
Parliamentarians.
The Congressional Study Group on Turkey also conducts an annual U.S.-
Turkey seminar. In 2007, that conference took place in Ankara and
Istanbul. A congressional delegation met as we did when we were Members
with high-level representatives, including Speaker of the Grand
National Assembly of Turkey Arinc, as well as Turkish Prime Minister
Erdogan. Discussions included Iraq and Turkey's bid to join the EU.
This year's seminar will take place in May in Memphis in the district
of Representative Steve Cohen. Members of Congress and their
counterparts in the Turkish Grand National Assembly will discuss issues
such as, once again, energy security, civil society, and the Middle
East.
The Association also serves as the secretariat for the Congressional
Study Group on Japan. This was founded in 1993 in cooperation with the
East-West Center in Hawaii. The Congressional Study Group on Japan is a
bipartisan group of 89 Members of the House and Senate. The Japanese
Group arranges opportunities for Members of Congress to meet their
counterparts in the Japanese Diet in addition to presentations by
American and Japanese experts about various aspects of U.S.-Japanese
relations. Recently featured guests have included Japanese Ambassador
to the United States Ryozo Kato; then Foreign Minister Taro Aso; and
Head of the U.S. Delegation to the Six-Party Talks, Ambassador Chris
Hill. The Congressional Study Group on Japan is funded by the Japan-
U.S. Friendship Commission.
Last but not least we have the Congressional Study Group on Mexico.
It is a unique organization in that it serves as a bipartisan forum of
legislators and congressional staffers to engage in issue-specific
dialogue with Mexican elected officials and government representatives.
By being involved in the group, the two countries' political decision-
makers receive a comprehensive picture of the issues revolving around
U.S.-Mexico relations. We are working closely with the Woodrow Wilson
Center on the Mexico project.
These Study Groups are examples of how the Former Members Association
can provide an educational service to current Members and working
together furthering issues for our Nation. I look forward to being a
part of the Study Groups. I think those of you that are not involved in
it would get a great deal of satisfaction in having an opportunity to
see that we are still continuing as former Members in many of the areas
and issues that we have been involved in.
I thank you, the new acting-temporary-prospective President, for the
time this morning.
Mr. RHODES. Thank you, Congresswoman Byron, very much not only for
your remarks but for your participation. It's very valuable to all of
us. As Beverly has said, the value of these Study Groups is bilateral.
I think that we and our sitting Members whom we involve in these
exchanges learn a lot and I think that the counterparts in the other
countries also learn from us, and we learn basically that many of our
problems are very, very similar. It's fascinating and it's a great
experience.
I next want to have Matt McHugh come forward and report to you on our
various student-based exchange programs which we loosely call Congress
to Campus. Matt has been intimately involved in the expansion and
growth of the Congress to Campus Program which has been dramatic and a
very great reward to an awful lot of former Members of Congress and
hopefully to some students out there in the world. But from time to
time, Matt, I think we learn more than they do. Matt is a longtime,
very, very valuable member of the Association and we appreciate very
much everything that you do for us.
Mr. McHUGH. Thanks very much, Jay.
As he indicated, my role this morning is to present our report on the
Congress to Campus Program which as many of you know is now run
exclusively by our Association in cooperation with the Stennis Center.
David Skaggs, who did such a great job for us for some years, is now
the Secretary of Education in Colorado. But the transition from his
organization, the Council on Excellence in Government, has been very
smooth and successful. As most of you know, the Congress to Campus
Program is the Association's flagship program for our members. It sends
bipartisan teams of former Members to colleges, universities and high
schools across the country to educate the next generation of leaders on
the importance of civic engagement. The participating students benefit
from the interaction with our Association members
[[Page 6277]]
whose knowledge and experience, as we know, are a unique resource. But
at the same time our members benefit, as Jay has said, through our
continued involvement in public service and the ability to engage these
young people on issues of importance to them.
During each visit, our bipartisan team conducts classes, meets
individually with students and faculty, speaks to campus media,
participates in both campus and community forums, and meets with local
citizens. Institutions are encouraged to market our visits to the
entire campus community, not just to those students who are majoring in
political science, history or government. Over the course of 2\1/2\
days, hundreds of students are exposed to the former Members' message
regarding the significance of public service. There is one more visit
scheduled for this academic year, after which we begin recruiting
schools for next year. The program has made both domestic and
international visits this academic year, including a visit to campuses
in the United Kingdom and Canada and, for the first time, two separate
visits to campuses in Mexico. By the end of next week, the program will
have made 26 campus visits in this academic year. More than 30 members
of our Association have made visits this academic year, and I want to
take the opportunity to thank all of you who have participated in the
program and certainly encourage those of you who have not had the
opportunity as yet to do so, it's a great experience for us.
I also want to extend our thanks to the campuses, the faculty and
staff members and students who worked so diligently on each of these
visits. Without their hard work, these visits would not have been
possible. We rely heavily on the universities to take the lead in
coordinating logistics relating to each visit and appreciate the time
they devote to ensuring their students will receive the benefits of the
program.
We have also continued, as I mentioned at the beginning, our
relationship with the Stennis Center for Public Service in the
administration of the program. Association and Stennis Center staff
work very closely together on a day-by-day basis to make the program
such a great success. We appreciate both the staff support and the
steady financial contribution we get from the Stennis Center each area.
We look forward to working with them in the years ahead as well.
I am also pleased to announce that in the next academic year for the
first time we will be receiving a financial contribution and some
support from the Joyce and Donald Rumsfeld Foundation. The Foundation's
generous grant will enable our Association to reach out to more
students and more schools, many of whom have not participated in the
past. And so on behalf of our members, I want to thank Secretary
Rumsfeld for recognizing the importance of our reaching out to the next
generation of leaders.
We have also continued working with the People to People Ambassador
Program that brings young people to our Nation's capital for a week of
events centered on the concepts of character and leadership. These
students are far younger than those who participate in the Congress to
Campus activities, but they have already demonstrated a commitment to
the ideals that the Congress to Campus Program seeks to promote. The
Association's involvement in this program allows our members living in
the Washington area to speak to these younger students on the
importance of public service and to answer any questions they might
have. A number of our members, as you know, are working full time still
and the People to People engagements allow them to continue their
public service in this particular way. The events are typically held in
the early morning at suburban locations. Again, I want to thank all of
our colleagues who have participated in this program. I want to mention
in particular our colleague Orval Hansen of Idaho. I don't know if
Orval is here this morning. If not, he deserves recognition, because he
has made it to nine of these visits early in the morning to meet with
these younger students, seven of those visits in the last month alone.
That is enormous dedication, and we are grateful to him in particular.
I want to conclude by again expressing appreciation to all of those
who have made the Congress to Campus Program such a great success and
by encouraging all of my friends here to participate. As you know, a
democracy can prosper only if its citizens are engaged, and as former
legislators we have a particular responsibility, I think, to encourage
others to do so, particularly our young people.
Thank you very much.
Mr. RHODES. Matt, thank you very much. I just want to echo what Matt
says about the Person to Person program. I've participated in one,
which started at 6:45 a.m. in far out Bethesda. This is all junior high
school kids. At 6:45 they are up and dressed and scrubbed and raring to
go. I'm standing there saying, what am I doing out here at 6:45 in the
morning? It's worth it.
I want to emphasize what Matt emphasized, which is that the purpose
of this kind of activity is not to say to a kid, this is how you
prepare yourself to run for Congress, or to run for public office. The
purpose is to say to them, a career in public service is a career worth
pursuing. Public service encompasses a whole lot of things. Being a
teacher, being a fireman, being a policeman, a garbage collector or,
like a garbage collector, a Congressman. But the point is to emphasize
to the young people that public service is not a career to be shunned,
it's a career to be sought.
Matt, your leadership on this is greatly appreciated.
My next project is to try to introduce a real hero for the
Association. It's difficult to do because he knows he's a hero and will
tell you himself if I don't do it. Lou Frey has served as President of
the Association, and for the last 11 years Lou has chaired our annual
dinner which, as I think you probably all know, is the lifeblood of the
Association. When it became clear, Beverly, that I was going to become
President, I called Lou and I said to him, Lou, you've got to do it 2
more years. Lou said, I can't. I'm tired. I'm tired of the whole thing.
I don't want to do it.
I said, Lou, please?
And he said, Okay, I'm in for 2 more.
Lou has not only done the dinner, he has started several other
projects for us. I would call upon the Honorable Member from the State
of Florida, Mr. Frey, to enlighten us as to what he has been doing. We
would all like to know.
Mr. FREY. Thank you, Jay. Thank you very much, Mr. President.
I would first like to also acknowledge the tremendous work that your
predecessor, Jim Slattery, did. He did an incredible job. He worked
incredibly hard. You two worked together to give us great leadership as
I'm sure that you and Dennis will do the same. I did start the
Statesmanship Dinner 11 years ago and it was a good idea. The only bad
one was not figuring out who was going to be the chairman of it. We
still haven't done too good a job on that. This was our most successful
dinner. We honored all the women who have served in the Congress and
were serving in the Congress. Speaker Pelosi was kind enough to come
and accept the award. And also Lindy Boggs was the honorary chairman
whom we all dearly love. She and Cokie were there. It was a really,
really nice event. Beverly Byron did a great deal of work; Nancy
Johnson. Incredible group they had to help us raise money. It was the
biggest crowd we've ever had, thanks to the efforts of many of the
women who served in the Congress. As you know, that is our big fund-
raising event and we use it for a lot of different activities.
One of the things that we have found in my State, and I'm sure it
isn't true in your State, but basically we are civically illiterate.
Forty percent of the adults in Florida cannot tell you the three
branches of government. Seventy-three percent of the fourth graders in
a multiple choice test can't pick out the Constitution as our leading
document. I'm talking about my State. I happen to have seen the
statistics, and I would suggest that maybe we're not alone in this
area. But in Florida we don't teach civics. Many States in our country
don't teach civics. One of the things that we have been trying to
[[Page 6278]]
look at as an organization is how do we reach out to the students. How
do we reach out to the teachers so that they'll have something to turn
to if they're interested in teaching civics. Of course, one of the
answers is the Internet. What we did last year is we experimented with
programs that the former Members would do on key issues and used the
Internet to get it out to high schools and colleges around the country.
That worked pretty good. This year we're going to take it to another
step. We're going to really put together a library, if you will, for
teachers. We're working with the Presidential Classroom teachers, we're
going to work with the institute that I have, and the former Members.
Let's take a subject like electoral college. We will have a 50-minute
lesson plan for teachers, 30 minutes will be a discussion by the former
Members on that issue, 20 minutes for the teachers themselves. We'll
put maybe 50 of these together over the next 3 or 4 years so that the
teachers all around the country can punch in for free, get that lesson
plan, and teach civics. How in the world can you have a country that is
as great as ours and the people don't know what they have? Thomas
Jefferson said a country that's half ignorant never was and never will
be free. We've probably lost a couple of generations. I'm not sure how
we'll ever get those back. But we are not going to lose the younger
generation. We're going to reach out to them as we're doing in these
programs, the stuff that Matt is doing. I think we can make an
incredible difference in terms of our young people, not preaching party
but preaching what we have and what our country's about. So they'll
make a decision. Whatever it will be, we may agree or disagree, but at
least it will be a decision based on some facts and on some knowledge.
I want to thank many of you for help with the book we're writing, the
second edition of the Former Members book. As you know, the first
edition is used in many colleges. The second one, if you haven't sent
your final ideas in on your rules of politics, please do. It will go to
the publisher in August. We were honored about a month and a half
before President Ford died, I had been trying to get him for really a
couple of years to do it, he sent us five pages on what his political
rules of life were, which will be really interesting. That book will be
out certainly in August. We hope that it will add to what teachers can
use, not necessarily from an academic style but as a supplement to what
really goes on in this wonderful place.
I want you to know that, according to the Washington Post, we're back
for an annual ``schmoozefest'' and it will get ``boozy'' tonight. I
don't know where the reporter is to listen to all these things that
this group is doing. I'm very proud to be part of this. I'm proud of
how we continue to put back. This is not really a social organization
anymore. It is really an organization of people who have given to the
country and now can't give 100 percent but try and give as much as they
can back to this country. It is certainly needed. I don't think there's
any group of people who have more knowledge, who have more ability and
don't have any skin in the game in terms of any personal involvement in
what's going on.
I thank each and every one of you for what you're doing. I think it's
great. I think, as the President said, there's a lot more we can do,
and we will do. Thanks to this organization, a lot of young people and
people not only here but with our colleagues, a lot of people around
the world are going to have more idea of what's going on and why
understanding what we've been given in this great country is really
worthwhile.
Thank you very much, Mr. President.
Mr. RHODES. Lou, thank you.
I'm going to insert something into the script here that wasn't here,
but I'm going to ask you to help us as far as the dinner is concerned
because one of the greatest conundrums that we face is trying to
identify somebody whom we, A, should honor; B, would like to honor;
and, C, who will sell tables. If you have any thoughts and suggestions
along those lines, we would greatly appreciate hearing them. Quickly.
A couple of other programs that we have going that you should know
about. One is a golf tournament. We've had the golf tournament for
quite a few years. It brings together sitting Members and former
Members. This is generally not bipartisan. We generally pit each other
against each other on a partisan basis. But it's fun. But this year
we've changed the format slightly and it is going to be a charitable
event, and we hope that that will expand it greatly. The charity is a
fund for disabled veterans, especially veterans from Iraq and
Afghanistan. The tournament is on July 14 at the Army/Navy Club. I
encourage you, A, to participate; and, B, to encourage others to
participate as well. I think it's a cause that we all would agree is
well worthwhile.
I should tell you that the Association sponsors, on a sporadic basis
but generally biennially, a study trip for our members abroad. Last
fall we took about 40 of our members to Ireland. In retribution, the
former members of the Irish Parliament have sent 30 of their members
here this week. I don't know if that's because of the way we behaved or
misbehaved in Ireland. I did not go. I have talked with many of our
friends who did go and the one thing that's unanimous is that they had
a good time. The other thing that's unanimous is they don't know
exactly what they did that was so much fun, but they had a good time.
We appreciate you all being here with us very, very much. And we're
coming back.
I want to take a minute to thank Jim Slattery for his service as
President of the Association. Jim and I had known each other pretty
well when we were both Members, but we got to know each other a lot
better over the course of the last couple of years. Jim and I did a
Congress to Campus visit together to Baker University in Baldwin,
Kansas. It was a very, very rewarding experience. I can't emphasize
enough what Matt said to you, that if you haven't done a Congress to
Campus, do it. You will profit from it and you will benefit from it.
And hopefully somebody else will, too. But you definitely will. You
will definitely come away with the feeling that the generation that's
coming up is not all bad. There are some good people and there are some
very, very enthusiastic and intelligent people who want to contribute.
It's well worth the time.
We have a plaque for Jim. It will read just sort of like what I said
the plaque for Mr. Mitchell read, which is: Thank you very much. We
appreciate your participation, your association and your friendship,
and we wish you the best.
Now this is a bipartisan organization and we don't take sides. I will
say to you that I wish Jim Slattery physically the best. Not
necessarily politically but physically. I know that he misses us and we
miss him, and we're very, very supportive of his desire to return to
public service.
I want to thank Dennis Hertel and Mike Parker and Jack Buechner for
their service to the Association, both current and in the future. And I
want to recognize our professional staff. As any bureaucracy as we have
grown more successful, we've grown more staff. We currently have five
permanent staff, led by Pete Weichlein, whom you all know; but joined
by Whitney Novak, who is an Executive Assistant; and Tracy Fine, who is
a Program Officer; and Rebecca Zylberman, who is a Senior Program
Officer. It must mean she's older than Tracy. I'm not sure what that
means. And Sudha David-Wilp who is without peer in terms of what she
does for us in putting together the international programs. She is
terrific. Once again our great welcome to our visitors from other
countries, from other former Parliaments.
Before I do the sad thing, which I really am not enthusiastic about
doing, I want to recognize one particular member of our Association,
and that's our former Republican leader, Mr. Michel. We appreciate your
continued support, your continued activity, your continued love of your
country and all that you do for all of us. Thank you for being here
with us this morning, Bob.
Now I need to read the list. It seems that this list gets longer and
I'm not
[[Page 6279]]
sure what that means about all of us, but this is the list of those of
our Members who have passed in the course of the past year since our
last annual meeting. They are:
Robin Beard of Tennessee
Daniel Baugh Brewster of Maryland
Frank Welsh Burke of Kentucky
Julia Carson of Indiana
Donald Clancy of Ohio
Jo Ann Davis of Virginia
Mendel Davis of South Carolina
Bill Dickinson of Alabama
Jennifer Dunn of Washington
John Flynt of Georgia
Paul Gillmor of Ohio
Gilbert Gude of Maryland
Augustus Hawkins of California
Peter Hoagland of Nebraska
William Hungate of Missouri
Henry Hyde of Illinois
Tom Lantos of California
John Mackie of Michigan
Wiley Mayne of Iowa
Thomas Meskill of Connecticut
Howard Metzenbaum of Ohio
Joseph G. Minish of New Jersey
Parren J. Mitchell of Maryland
George Sangmeister of Illinois
Robert Sweeney of Ohio
Craig Thomas of Wyoming
Guy Vander Jagt of Michigan
Charles Vanik of Ohio
Joseph Waggonner of Louisiana
Robert Young of Missouri.
I would like for you to stand up and let's have just a moment of
silence for our fallen comrades.
Thank you.
Mr. Hoyer mentioned that things aren't as friendly and as engaging as
they were when we were here. That's all true. I have thought many times
sitting out there where you are about the words that we see in front of
us, Justice, Tolerance and Liberty. To the extent that we have liberty,
and I believe that we do, and to the extent that we have justice and I
believe that we do, we're lacking in tolerance. I would say to all of
us that we might take it upon ourselves to talk to our sitting
colleagues from time to time and say to them, we wish you guys would
get along a little better and work harder on the business of the
country rather than on your own reelections and your own egos. I think
that probably is almost a duty for us, to remind them that this body
doesn't exist for single individuals, it exists for the body and it
exists for the institution and it exists to forward the business of the
country.
I don't think that that's outside the purview of the charter of the
former Members of Congress. That's not lobbying an issue. It's lobbying
attitude and it's lobbying getting things done. There's only one way to
get into this organization, and that's to get elected. There are only
three ways to leave. Two of them are not pleasant. There's nobody
sitting here now who took the way out with your boots on, but several
of us who left because we were defeated in elections and several of us
chose to resign, or retire, but we are former Members of this
institution and I think that we ought to assert ourselves with our
sitting colleagues when we feel that they are not forwarding the
interests of the country as much as we would like for them to do and
the country would like for them to do.
Mr. Speaker, that concludes the annual report of the Former Members
of Congress. And we did it 5 minutes early.
I yield back the balance of my time.
Mr. HERTEL. I want to thank the President for his presentation and
his leadership today and commend him, because this is a record time for
our association. I think it's because our association has gone from
having some retired people that were a bit long-winded to having more
and more active people and go right to the point about, as we have seen
this morning, reporting on the activities of the Association, how we
have reached out to the Nation and the world as far as leadership for
democracy and public service.
I want to take a moment just to thank Ken Kramer, a board member, for
all his leadership, Ken from Colorado; and Barbara Kennelly for her
leadership on the board and with our association across the board; Mr.
Zeliff from New Hampshire for all he's done in support of our
association. And to go through the list of the people that made the
presentations today: Mr. Buechner, who's just done such an excellent
job all these years of giving advice and counsel and leading our
association. Mr. Matt McHugh from New York who was past President, also
who continues to demonstrate and lead in the area of public service,
especially for our young people now today. Lou Frey, who has been with
us all these years as past President but chairman of our Dinner
Committee and without his leadership we would not have the opportunity
to do the things we are doing in our country and around the world with
the finances that he has helped raise, especially for our Congress to
Campus Program where we now reach over 60 campuses per year.
And, finally, to thank Doug Rowland from Canada, the past President
there of their parliamentary association that we helped with in their
infancy but now he has shown great leadership of the highest order in
the IEMI and helping us with training election monitors not only for
ourselves but for other former parliamentarians in an international
organization with the European Union and the association of former
Canadian parliamentarians.
Let me close by just summarizing what Jay, our President, said about
our staff. We simply have the best staff in Washington, D.C. I think we
can say that in one sentence.
The Chair again wishes to thank all the former Members of the House
for their presence here today. Before terminating these proceedings,
the Chair would like to invite those former Members who did not respond
when the roll was taken to give their names to the Reading Clerks for
inclusion in the roll. The Chair wishes to thank the other former
Members of the House for their presence here today. Good luck to you
all.
The Chair would advise that the House will reconvene at approximately
10:30 a.m. this morning.
Mr. GILMAN. Mr. Speaker, before we adjourn, could we identify and ask
our distinguished visiting Parliamentarians to rise and make them a
part of our Congressional Record today.
Mr. HERTEL. They are in the gallery. We recognize them now, Mr.
Gilman, and we thank them all for coming.
Our proceedings are adjourned. Thank you.
Accordingly (at 9 o'clock and 58 minutes a.m.), the House continued
in recess.
____________________
{time} 1032
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mrs. Tauscher) at 10 o'clock and 32 minutes a.m.
____________________
PRINTING OF PROCEEDINGS HAD DURING RECESS
Mr. BRALEY of Iowa. Madam Speaker, I ask unanimous consent that the
proceedings had during the recess be printed in the Congressional
Record and that all Members and former Members who spoke during the
recess have the privilege of revising and extending their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Iowa?
There was no objection.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. The Chair will entertain up to 15 1-minute
requests per side.
____________________
A PLAN TO SUPPORT OUR ECONOMY AND OUR INFRASTRUCTURE NEEDS
(Mr. BLUMENAUER asked and was given permission to address the House
for 1 minute.)
Mr. BLUMENAUER. Madam Speaker, John McCain has famously said that he
doesn't know much about economic issues. But it's paradoxical that the
Republican presidential candidate's idea for helping a troubled economy
is to put people out of work and make traffic congestion worse and
freight movement harder.
[[Page 6280]]
His proposal to stop collecting the gas tax will cut critical funding
that keeps commuters, freight and our economy running. And when the
trust fund is moving into deficit for the first time in our history he
will only make that problem worse.
It will also lead to the loss of over 300,000 highway-related jobs,
while there's no evidence that huge oil companies will cut their prices
when they get this gas tax ``Holiday''. It is the worst kind of
pandering to mortgage the future to serve current political needs.
Instead, it's time for our presidential candidates to talk about
their vision, their plan to support our economy and our infrastructure
needs.
____________________
OLYMPIC TORCH THUGS
(Mr. PITTS asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PITTS. Madam Speaker, with the Olympic torch traveling the world
right now, we are seeing the Chinese Government's true repressive
colors. Everywhere it stops, it is accompanied by a group of Chinese
guards who have been called ``thugs'' in the press.
I am not surprised that Chinese leaders would send secret police
along to protect the torch, but I am surprised the United States would
be so complicit in putting down dissent that they would allow members
of the Chinese secret police into the United States to ensure the
security of the relay.
Are we so concerned with appeasing China that we could not ensure the
security of the flame ourselves?
The group designated to protect the torch is from the paramilitary
People's Armed Police, the same force that helped to violently quash
the recent protests in Tibet, now using brute force to ensure that
protestors in cities like Paris, London and San Francisco, will not
interrupt the ceremonial relay.
Maybe the Chinese need to be reminded that repression and torture are
not Olympic sports.
____________________
IT'S NOT NEARLY ENOUGH
(Mr. COHEN asked and was given permission to address the House for 1
minute.)
Mr. COHEN. Madam Speaker, as many as 2.8 million Americans could lose
their homes in the next 5 years due to the subprime mortgage crisis,
yet the Bush administration refuses to properly address the crisis.
Last month the administration was willing to bail out Bear Stearns,
but when they announced their plans to overhaul the regulation of
financial institutions, they failed to properly address any of the
needs of families who face the loss of their homes in the coming
months.
The housing crisis demands bold action, and this House has already
responded by passing legislation that would expand affordable mortgage
loans opportunities to families at risk of foreclosure.
We've also passed bills that would raise Fannie Mae and Freddie Mac
loan limits to increase liquidity in the mortgage market and that would
increase the supply of affordable housing. And now we have a plan that
would help 1.5 million homeowners afford foreclosure.
Madam Speaker, we hope the administration will join us in supporting
these important bills that will provide necessary relief to those
families feeling the impact of the housing crisis.
____________________
LAST CURTAIN CALL FOR FREE SPEECH IN FRANCE
(Mr. POE asked and was given permission to address the House for 1
minute.)
Mr. POE. Madam Speaker, the curtain has dropped on the stage of free
speech in Paris, France for actress Brigitte Bardot. The birthplace of
enlightenment has now become home to conformity and political
correctness, and rigid speech control.
In France, if speech is offensive, a person can be fined and
imprisoned. That's what French prosecutors are trying to do to Brigitte
Bardot, claiming she incited racial hatred toward the Muslim community.
Bardot wrote comments in a letter to Nicolas Sarkozy that offended
Muslims. Bardot, an animal rights activist, denounced a Muslim festival
that including slaughtering sheep by saying she was ``fed up with being
led by this population which is destroying us, and destroying France.''
Now the French speech control police claim it's a crime to speak ill
of Muslims. So much for freedom of speech in progressive France.
Speech control is a throwback to the Dark Ages when no one could say
anything bad about the king. Gone is the citizen Voltaire's philosophy
of ``I may disapprove of what you say, but I will defend it to the
death for you to say it.''
But today French citizens that speak their mind may face the modern
day Bastille if they offend Muslims or hurt their feelings. It looks
like the last curtain call for actress Brigitte Bardot and free speech
in France.
And that's just the way it is.
____________________
CONGRATULATING MARK SMITH ON HIS RETIREMENT AS PRESIDENT OF THE IOWA
FEDERATION OF LABOR
(Mr. BRALEY of Iowa asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. BRALEY of Iowa. Madam Speaker, I rise today to honor my friend
and my hero, Mark Smith, and to congratulate Mark on his retirement as
President of the Iowa Federation of Labor.
Over the past 34 years, Mark has been a fierce advocate for Iowa's
working families. He started as an instructor at the University of Iowa
Labor Center in 1974; was elected Secretary-Treasurer of the Iowa Fed
in 1979, and served in that position until he was elected President of
the Iowa Federation of Labor in 1997.
Mark has dedicated his life to the cause of working men and women in
Iowa. Protecting the rights of workers has been a long and difficult
struggle, and no one has given more time and energy to the cause than
Mark Smith.
Mark is living proof that one person can make an enormous difference
in the lives of thousands of individuals. Many of the people he helped
never knew what he did for them and never had a chance to thank him
personally. I stand here today on their behalf, because I want Mark to
know that nameless people here are honoring his lifetime of heroic
efforts. His lifetime of service leaves a legacy that challenges future
generations of labor leaders to continue his efforts to further the
cause of working families.
Mark may have retired from office, but he will never retire from his
real passion, speaking out against injustice and pushing people to do
more to take care of each other.
____________________
CONGRATULATIONS TO ITALIAN PRIME MINISTER SILVIO BERLUSCONI
(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, this week Silvio
Berlusconi has been reelected as Prime Minister of Italy. His coalition
won a strong majority in the Italian Parliament.
Prime Minister-elect Berlusconi, the conservative leader of the Forza
Italia political party and the new People of Freedom party, had been a
strong ally of the United States in his previous tenure as Prime
Minister. No doubt his reelection will mean a strengthening of our
partnership with the people of Italy who have so positively influenced
American culture.
Berlusconi's election follows a growing line of European leaders,
including Chancellor Angela Merkel of Germany and President Nicolas
Sarkozy of France, who have run on a platform of greater support for a
strong alliance with America. Additional presidents promoting improved
friendship with America have recently been elected in Indonesia,
Serbia, Liberia, Peru, Korea and Russia.
[[Page 6281]]
America has earned admiration of most nations in the world, as
identified yesterday by Pope Benedict XVI at the White House as he
indicated America is the beacon of liberty and freedom.
In conclusion, God bless our troops, and we will never forget
September the 11th.
____________________
CHILDREN ARE A PRECIOUS RESOURCE
(Ms. JACKSON-LEE of Texas asked and was given permission to address
the House for 1 minute and to revise and extend her remarks.)
Ms. JACKSON-LEE of Texas. Madam Speaker, as the co-chair of the
Congressional Children's Caucus, I have worked on issues dealing with
child abuse and mentoring, questions of health care for children.
Today in Texas, a court will undertake one of the most challenging
legal cases of child custody ever to have been witnessed in the United
States. As a strong opponent of child abuse and misuse of our children
and affirmation of how precious they are, I ask the Court to make the
right and determined decisions based on individual cases. We should not
judge the parental rights based upon our opposition to the views of the
Fundamental Church of Jesus Christ of Latter Day Saints.
Just as I supported the return of Elian Gonzalez to his parents, I
now support the concept that these parents and children should not be
divided and separated because of our opposition to some of the legal
practices of their parents.
We must respect the first amendment, but also the precious right of
children and parents being together. There must not be a biased
determination.
The children are still our precious resource, and if no harm has been
done by their parents then the courts must act in the best interests of
the children.
____________________
FREE FLOW OF INFORMATION ACT
(Mr. PENCE asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. PENCE. Madam Speaker, 3 years ago, I authored H.R. 2102, the Free
Flow of Information Act, with my colleague Rick Boucher from the State
of Virginia.
As a conservative who believes in limited government, I believe the
only check on government power in real time is a free and independent
press. And the Free Flow of Information Act is not about protecting
reporters, it's about protecting the public's right to know.
American people should know, Madam Speaker, we're at a unique moment
in the history of this legislation. The overwhelming bipartisan House
passage of the Free Flow of Information Act has now been joined with
Senate action that includes the leadership of Senator Richard Lugar,
Senator Arlen Specter, Senator Patrick Leahy and others. Senator Barack
Obama and Senator Hillary Clinton add themselves as cosponsors of the
bill this week, and I heartily welcome the strong endorsement of
Senator John McCain of this legislation.
I believe there's now a bipartisan majority in both the House and the
Senate to support this vital legislation and ensure the vitality of a
free and independent press for generations to come.
We just need one vote in the other body. And I believe we'll put a
stitch in this tear in the first amendment freedom of the press.
____________________
THIS IS THE PEOPLE'S HOUSE
(Mr. YARMUTH asked and was given permission to address the House for
1 minute.)
Mr. YARMUTH. Madam Speaker, I rise today because I'm very concerned
about statements I've heard from all three Presidential candidates over
the last few weeks. We hear constantly, I will do this, I will do that,
I will do this, all referring to matters that have to be adopted by the
United States Congress. And I would remind them that article I, section
1 of the Constitution says, all legislative powers herein granted shall
be vested in a Congress of the United States.
So while we certainly look to the President as a partner in our
policies, we know, as we've seen over the last couple of years, that
this President, this White House ignores, the first article of the
Constitution.
I would urge all three candidates, whoever is President, whoever he
or she may be in 2009, re-read the Constitution, because this is the
people's House. The founders' brilliance said that the people will
speak as to the laws that they will obey through their representatives
in Congress.
I again urge the President, the next President to re-read the
Constitution and adhere to article I. Many of us wear this button
because we're very concerned that people forget that this is their
House.
____________________
ENOUGH IS ENOUGH
(Mr. KUHL of New York asked and was given permission to address the
House for 1 minute.)
Mr. KUHL of New York. Madam Speaker, it seems that every day we read
about gas and diesel prices hitting a new record high as the pain at
the pump continues to ravish hard-working Americans of their hard-
earned money. The once nightmare scenario of $4 a gallon gasoline may
soon become an even harsher reality.
While we have sat patiently and waited for Speaker Pelosi's
commonsense solution, the cost of gas has soared $1.05 since the
Democrats took the gavel. This increase represents more than a 43
percent jump in old prices. Enough is enough.
I'm sure that I'm not the only Member of Congress listening to their
constituents worry about the consequences of the majority's inaction on
energy legislation. And while our constituents cannot afford to drive
to work or take their children to school, Democrats have voted four
times to raise energy taxes in the 110th Congress.
Higher energy taxes mean higher gas prices, something that our
constituents do not want or need.
It is time for Speaker Pelosi to fulfill her promise to the American
people. Instead of voting to increase taxes again, Congress should
immediately adopt legislation which will give America lower energy
prices without raising taxes.
____________________
ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE
The SPEAKER pro tempore. Members are reminded not to stand in the
well or put documents on the podium when another Member is under
recognition.
____________________
{time} 1045
GIVE TAX RELIEF TO THE PEOPLE WHO REALLY NEED IT
(Mr. HODES asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. HODES. Madam Speaker, while many of us are standing up for tax
cuts for working middle class families, there are some on the other
side who want to continue to provide tax breaks to millionaires,
billionaires, and even to big oil companies earning record profits. For
the last 7 years, we've watched these record giveaways to the
wealthiest people and corporations turn our budget surpluses into
record deficits.
The administration's fiscal mess is so bad that President Bush has
borrowed more money from foreign countries than all 42 of his
predecessors combined leaving our children in debt to unfriendly
foreign leaders. American taxpayers are paying Iraq's bill while we
have serious needs at home.
Yesterday, in my home State, New Hampshire, gas prices hit record
highs, and nearly 4,300 New Hampshire families may lose their homes to
foreclosure. It's time to help middle class families caught in the
economic squeeze.
Now, I'm committed to changing the way Washington does business by
giving tax relief to the people who truly
[[Page 6282]]
need it. We can't fix our economy with the same policies that led to
the economic slide.
____________________
WE NEED TO SEE THE DEMOCRATS' NEW PLAN FOR LOWER GAS PRICES
(Mr. WESTMORELAND asked and was given permission to address the House
for 1 minute.)
Mr. WESTMORELAND. Madam Speaker, April 28, 2006, a press release by
Anita Lowe: These skyrocketing gas prices are a reflection of the
Republican energy plan. We need a long-term strategy to lower gas
prices and meet our energy needs. Yet Republicans passed up a golden
opportunity in major energy bills last year. Democrats have a plan to
give American families the relief they deserve. Democrats, Madam
Speaker, have been in charge for 16 months and gas prices have gone up
over $1.25 a gallon.
April 18, 2006, in a press release, then-Minority Leader Nancy
Pelosi: But the Republicans' bills clearly have done nothing to lower
gas prices as the price of a barrel of oil has settled above $70 a
barrel, the highest price in our history.
Today, Madam Speaker, oil closed at $114 a barrel. Democrats have a
plan to lower gas prices taking America in a new direction. We're ready
to see this new plan. I don't understand why the Democratic leadership
won't bring out the new plan, why there is not an outcry from their
membership to see the new plan.
____________________
MR. PRESIDENT, REAL PEOPLE NEED YOUR HELP TO REDUCE OIL PRICES
(Mr. MURPHY of Connecticut asked and was given permission to address
the House for 1 minute.)
Mr. MURPHY of Connecticut. Madam Speaker, let's talk about what this
House has done already without any participation from our Republican
colleagues or from the President of the United States.
We've passed legislation cracking down on those who would take
advantage of this situation by price gouging with little to no
participation from the other side of the aisle and a President's
threatened veto. We've passed legislation cracking down on the
multinational oil cartels who would fix prices at much damage to
American consumers without little to any help from the other side of
the aisle and a threatened Presidential veto. And we've passed
legislation rescinding the billions in tax giveaways that the prior
Congress gave to the oil companies and turned them around to give them
to tax benefits for homeowners and businesses who want to invest in
renewable energy without any help from the other side of the aisle and
with the President threatening a veto.
Madam Speaker, people are hurting, real people, not oil company
executives, and we need both sides of the aisle and the President of
the United States working to fix it.
____________________
RECOGNIZE WORLD HEMOPHILIA DAY
(Mr. PRICE of Georgia asked and was given permission to address the
House for 1 minute.)
Mr. PRICE of Georgia. Madam Speaker, I'm pleased to rise today in
celebration of World Hemophilia Day in which we recognize the serious
challenges of those worldwide who suffer from hemophilia, a day in
which we raise awareness to fight for a cure.
Hemophilia is a rare genetic disorder in which the blood doesn't clot
causing excessive bleeding and easy bruising. Without proper treatment,
it can lead to organ damage, serious joint and muscle problems, and
terrible pain. Those with hemophilia often live in a world unknown to
others, anxious about even minor injuries or cuts because what is minor
for most people can be a major problem for those with hemophilia.
As a physician, I'm confident that with attention, diligence,
innovation, and scientific progress, we will improve the lives of those
afflicted with this troubling disease and realize a cure.
Madam Speaker, hemophilia is a daunting condition requiring vigilant
care, but we see a day where patients need not fear its pain or its
consequences. I'm proud to stand today in support of World Hemophilia
Day.
____________________
WITH ECONOMIC DOWNTURN, IRAQ MONEY CAN BE BETTER SPENT AT HOME
(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, as taxpayers filed
their income tax this week, many were probably wondering just how much
of their individual taxes would be invested in Iraq instead of here in
the U.S. at home. Consider that every single second, the Bush
administration is spending $4,000 in Iraq. That means that income taxes
paid by the average taxpayer would not even cover the cost of one
second of this war.
This country is already facing difficult economic times. We cannot
afford to continue spending $339 million a day on a war that has no
strategy for victory. If we invested one day of this sum in America
instead, we could give 2.6 million American children access to medical
and dental care, or we could hire more than 2,000 more border patrol
agents to protect our borders. And we could send 18,000 more students
to college.
Madam Speaker, at a time when Americans are getting squeezed at the
pump and the supermarket and are suffering in the housing market,
Washington Republicans need to realize that we should prioritize the
needs of America over those of Iraq.
____________________
WHAT HAPPENED TO THE PROMISE OF CLEANING UP WASHINGTON?
(Mr. GARRETT of New Jersey asked and was given permission to address
the House for 1 minute.)
Mr. GARRETT of New Jersey. Madam Speaker, I come today to the floor
to point out something that's really already been pointed out in the
press, and that is, as they say, that the Democrats, unfortunately,
have horrifically failed as the majority party getting most anything
done. Now, they made promises after promises to help the American
people, and maybe it's no surprise that most of those promises have
come to naught and have been broken.
This is most evident by the recent Democrat budget. It includes a
massive $683 billion tax increase which only further burdens our
children, kills jobs, hurts small businesses, and basically just
punishes the American family. And worst of all, this budget was created
to finance wasteful spending and the special interests here in
Washington.
So what happened to all of those promises of cleaning up Washington
and cutting spending? Well, it seems they simply got lost in the
shuffle of all of their spending taxpayers' dollars.
____________________
PASS A CAP-AND-TRADE SYSTEM
(Mr. INSLEE asked and was given permission to address the House for 1
minute.)
Mr. INSLEE. Madam Speaker, I want to share a little note of optimism
we heard yesterday in our Global Warming and Energy Independence
Committee. We had a group of venture capitalists and investors come
before us, and they told us that they were supremely confident that
America can create a clean-energy economy that is based on new types of
technology so we can solve our global warming problem and wean
ourselves off our addiction of Middle Eastern oil. It was very
heartening. But they told us they need one thing to really open up the
floodgates of technology. They need a cap-and-trade system to cap
carbon dioxide and really spur investment.
The President yesterday gave short shrift to that. He was
disappointing. We've got to provide leadership here to get this job
done. His message was sort of a ``can't-do'' message for a ``can-do''
people, we Americans. Let's get this job done. Pass a cap-and-trade
system. We will have a burst of new economic growth in this country.
[[Page 6283]]
____________________
MR. CARTER, RECONSIDER YOUR PLANS TO MEET WITH HAMAS
(Mrs. BLACKBURN asked and was given permission to address the House
for 1 minute and to revise and extend her remarks.)
Mrs. BLACKBURN. Madam Speaker, on behalf of my constituents in
Tennessee's Seventh District, I rise to protest President Jimmy
Carter's decision to meet with the leadership of Hamas, a group
designated by the U.S. State Department as international terrorists.
They see this as an outrageous act, something that is a disgrace to the
men and women who have protected this Nation.
Madam Speaker, Islamo-Fascist terrorism is the plague of our time.
Every American official, past and present, should stand ready to help
destroy it and to eradicate its philosophy of hate. My constituents
feel that by meeting with Hamas, Mr. Carter a former President,
undermines the critical goal and only goads the enemy further.
I urge Mr. Carter to reconsider his ill-conceived plan, join the rest
of us in our collective to eradicate Islamo-Fascist terrorism and to
halt any plan to prop up the enemy.
____________________
THE STATE DEPARTMENT SHOULD NOT HAVE RENEWED BLACKWATER'S CONTRACT
(Ms. SCHAKOWSKY asked and was given permission to address the House
for 1 minute.)
Ms. SCHAKOWSKY. Madam Speaker, only a week after the State Department
renewed Blackwater's contract, the Bush administration was at it again
giving more praise to Blackwater, the private military contractors.
Last Friday, Ambassador Crocker said contractors ``like Blackwater are
absolutely essential.''
But was it absolutely essential for Blackwater to gun down 17
innocent Iraqis? Was it absolutely essential for a Blackwater employee
to kill a guard to the Vice President of Iraq? Was it absolutely
essential for a Blackwater helicopter to drop CS gas on a traffic jam
in Baghdad?
It has been months, and some in cases years, since these incidents
and we still don't have the results of those investigations. Instead,
our government has ignored those abuses and renewed Blackwater's
contract and then a week later said they are absolutely essential. What
kind of country do we live in where it's acceptable for the United
States government to praise and reward a company that kills innocent
people?
The only thing that is absolutely essential is that we end this State
Department's dependence on private military contractors now.
____________________
WE NEED CAPABILITY TO CREATE OUR NEW ENERGY
(Mr. WAMP asked and was given permission to address the House for 1
minute and to revise and extend his remarks.)
Mr. WAMP. Madam Speaker, the nexus between national security, energy,
and the environment is one of the most important issues of our time.
And on energy, I'm an all-of-the-above Republican. It is wise to
conserve, and we need to promote conservation. It is wise to advance
energy efficiency technologies. We need to invest. But new capacity,
new energy sources are also sorely lacking. We need new national gas
supplies in this country. We need refinery capacity. We need our own
oil, albeit limited. But we've got to, number one, grow our capability
to create energy in our country to be energy independent.
I want to talk about nuclear energy because the cars of the future
are going to run off of lithium batteries, some form of electric. We've
got to have new capacity. We need nuclear energy in this country to be
self-sufficient even on transportation. If we're going to reduce our
carbon footprint, don't leave nuclear off the table.
This is a time to come together for new energy technologies, to
promote an in-tech agenda, to actually balance the budget again with a
robust manufacturing economy. It's pro-American.
____________________
DEVELOPING NEW SOURCES OF FUEL
(Mr. BROUN of Georgia asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. BROUN of Georgia. Madam Speaker, I rise today to ask for us
Americans to consider what is going to be best for the people of this
country and stop pandering to the environmental wackos.
We have to develop alternative sources of fuel. We have to tap into
our own energy sources. We have to make nuclear energy easier to put in
place, to build reactors, and to make it less costly to do so. We need
to tap into our own oil sources. If we're going to lower the cost of
gasoline, we have to build more refineries. If we're going to lower the
cost of diesel fuel, we're going to have to tap into ANWR and off the
gulf coast. It's absolutely critical for our economy to do this.
We need to look for alternative sources of energy but we have energy
sources here today. Let's go get them.
____________________
GENERAL LEAVE
Mr. GEORGE MILLER of California. 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 on the bill, H.R.
5715, into the Record.
The SPEAKER pro tempore (Ms. Schakowsky). Is there objection to the
request of the gentleman from California?
There was no objection.
____________________
ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT OF 2008
The SPEAKER pro tempore. Pursuant to House Resolution 1107 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5715.
{time} 1100
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5715) to ensure continued availability of access to the
Federal student loan program for students and families, with Mrs.
Tauscher (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose on
Wednesday, April 16, 2008, 34 minutes remained in general debate.
The gentleman from California (Mr. Miller) has 15\1/2\ minutes
remaining and the gentleman from California (Mr. McKeon) has 18\1/2\
minutes remaining.
Mr. GEORGE MILLER of California. Madam Chairman, I yield myself such
time as I may consume.
Madam Chairman, Members of the House, today we continue the
consideration of H.R. 5715, the Ensuring Continued Access to Student
Loans Act of 2008. This is legislation that was reported from the
Committee on Education and Labor with unanimous bipartisan support.
Once again today, I want to thank my colleagues on the committee on
both sides of the aisle and the staff on both sides of the committee
for working in a manner which allowed us to report this bill in very
short order to the House for its consideration, and on working with the
Department of Education, the Secretary of Education, Margaret
Spellings, for her cooperation in helping us with this legislation so
that we can assure the parents, families, and students of this country
that there will be no interruption in their access to student loans.
As the lending season starts to progress now, as students are getting
their letters of acceptance, thinking about the next semesters of
education and next year's education, as that lending season comes into
its fullness, we want to make sure that there is no disruption.
We are concerned about a disruption because of the general disruption
that is taking place in the Nation's credit
[[Page 6284]]
markets, and specifically, concern about whether or not there will be a
spillover onto the student loan markets so that students will have
difficulty finding those loans.
We have worked with the Department of Education, we have worked with
the administration, we have worked with the Republican members of the
committee and our own caucus to devise a system of relief that is
available to the Secretary and to the administration in the event that
that should happen. And really what we're doing is three things: One,
we're making sure that the existing law and the existing program for
such an emergency, the Lender of Last Resort program, is functioning,
that agreements are reached between the Secretary of Education and the
Secretary of Treasury, and we've been told by the Secretary of
Education that she has informed the members of the committee that that
has been done, that the Secretary meet with the guarantee agencies that
might stand in the stead of those lenders that cannot make those loans
to make sure that there is a smooth transition between them and the
universities and colleges, and that that program is in place.
Also, that schools are aware that they can apply to qualify for the
Direct Lending program. Many colleges and universities use that today.
They may want to consider that so, again, there is smooth transition
should the private lending market not be able to come forward with the
student loans, they could direct their students to either of those two
programs.
And, finally, to try and help the private sector credit markets for
student loans, as this bill does, to give standby authority to the
Secretary to purchase those government loans from the traditional
lenders in the student loan field so that we might develop some
liquidity in that market so that they can then take the money they
receive from the Secretary and make a new tranche of student loans. If
she purchases those loans, that money could only be used to provide a
new set of student loans for the students for the coming year.
And we also raised the loan limit for students, for undergraduates,
because we understand that the private student loan market is in very
rough shape, and there are some students who use private loans to fill
a small gap between the total cost of their education and what they
were able to borrow. We think by raising the limit, we will be able to
help most of those students in that situation.
So this is an important piece of legislation. It's legislation that
we look to be acted upon in the Senate in a very timely fashion and
then to be sent to the President, we believe, for his signature. And
then we will have completed a series of standby authorities and a
series of processes that we should be able to assure families and
students that there will be no major interruption in the student
lending for the remainder of this year and next year.
With that, I will reserve the balance of my time.
Mr. McKEON. Madam Chairman, I yield myself such time as I may
consume.
Today we are continuing the debate on H.R. 5715, the Ensuring
Continued Access to Student Loans Act of 2008. This bill is a first
step to prevent a crisis before it happens in the student loan program,
and its consideration has come not a minute too soon. Peak lending
season begins in July, and we cannot, we must not, wait until a student
is denied a loan to put mechanisms in place to deal with the turmoil in
the student loan market.
To date, 60 lenders have suspended their participation in all or part
of the FFEL program. This includes 10 nonprofit State loan agencies
affecting students in Pennsylvania, Texas, Colorado, Iowa, Indiana,
Massachusetts, Michigan, Missouri, New Hampshire and Minnesota. These
are not minor players exiting the program. Nine out of the top 10
consolidation lenders have stopped offering these loans, while 20 out
of the top 100 originators have stopped making Stafford and PLUS loans.
These 60 lenders account for 13 percent of the total Stafford and PLUS
loan volume and 76 percent of total consolidation loan volume.
In fiscal year 2006, these lenders originated more than $6.5 billion
in Stafford and PLUS loans to more than 800,000 students and parents,
and more than $55 billion in consolidation loans to more than 1.8
million borrowers.
The bill before us includes necessary reforms to ensure the
Department of Education can respond if students have access problems as
lending season gets underway. First, it will allow students to receive
additional financing that will help them stay in school if they are
denied private, nonfederal loans. Second, the bill clarifies aspects of
the Lender of Last Resort program, easing participation for students
and schools and ensuring funds will be available should they become
necessary. Third, the bill ensures that lenders have the authority to
provide PLUS loans to struggling parents who are facing difficulties
with their home mortgage. And, fourth, the bill grants new flexibility
for parents with a new optional grace period that permits parents to
defer PLUS loan payments until after the children graduate.
Finally, the bill authorizes the Department of Education to invest in
or agree to the future purchase of outstanding loans which could free
up capital and allow lenders to make new loans in the upcoming school
year.
I want to thank the chairman for moving very rapidly on this
situation. That's not our modus operandi around here; generally we wait
until we're in the middle of a crisis to fix this. I hope that I'm
wrong in thinking that there may be a crisis coming, but I think it is
very appropriate to take these positive steps to ease or prevent a
problem that could arise very shortly.
I again thank the chairman for his efforts. He has not been well this
week, but you wouldn't notice it. He shows up at every meeting, and he
has worked very hard. I hope he takes some time over the weekend to get
some rest and gets feeling better for next week.
I strongly support this bill, and I encourage my colleagues to vote
for it.
Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. If I might, I have one additional
speaker, but the speaker is on his way to the floor. If you want to go
ahead, then we will have that speaker, and I think we will yield back
our time.
Mr. McKEON. Madam Chairman, I am happy to yield 3 minutes at this
time to the gentleman from Pennsylvania, ranking member on our
Subcommittee for Healthy Families, Mr. Platts.
Mr. PLATTS. I thank the ranking member for yielding me the time.
I rise in support of H.R. 5715, the Ensuring Access to Student Loans
Act. While not a complete solution to the current credit crunch that
exists in the student loan market, this bill is a very important and
strong starting point to ensure that students can continue to obtain
affordable loans for their education.
I am especially pleased that the manager's amendment included a
provision that I was planning to offer as a stand-alone amendment to
the underlying bill. Specifically, this provision will permit the
Secretary of Education to enter into forward purchasing agreements with
student loan lenders when purchasing loans through the newly
established secondary market. This contractual agreement will provide
the necessary confidence for lenders to not only participate in the
market, but to continue to originate loans for students.
Some lenders, such as the Pennsylvania Higher Education Assistance
Agency, PHEAA, in my home State, have recently announced that they will
not be originating additional loans due to the unstable market
conditions. This could result in difficulties for students in
Pennsylvania, and elsewhere, in obtaining the loans they need.
It is imperative that Secretary Spellings at the Department of
Education continue to work with Congress, as well as Secretary Paulson
at the Department of Treasury and Chairman Bernanke at the Federal
Reserve Bank, to provide access to capital sources for use in
originating and purchasing loans.
Last month, I joined with the majority of my colleagues in the
Pennsylvania delegation in sending a letter to
[[Page 6285]]
Secretaries Spellings and Paulson and Chairman Bernanke requesting that
they adopt both a short-term strategy to inject revenue into the
student loan market and a long-term strategy to prevent future capital
market disruptions.
While H.R. 5715 is a very important step in the right direction, the
actions of Secretaries Spellings and Paulson and Chairman Bernanke will
continue to be critically important to getting the student loan market
fully back on track.
I certainly commend Chairman Miller and Ranking Member McKeon for
bringing forward this bipartisan piece of legislation--and, as the
ranking member said, in such a quick fashion--the committee leadership
and staff in getting this bill to the House floor aimed at providing
relief to both students and lenders.
Again, I also thank the chairman for including language in his
manager's amendment providing for forward purchasing agreements.
Allowing these agreements with the Department of Education will help to
stabilize market conditions and thereby encourage lenders to originate
more loans.
I strongly support this legislation and encourage a ``yes'' vote.
Mr. McKEON. Madam Chairman, I am happy to yield 3 minutes to the
gentleman from Connecticut (Mr. Shays).
Mr. SHAYS. I thank the gentleman for yielding. I appreciate the work
on both sides of the aisle.
Madam Chairman, I rise today in support of H.R. 5715, the Ensuring
Continued Access to Student Loans Act, because it is an important
legislative step to addressing the liquidity shortage in the student
loan market.
I would like to thank Chairman Miller, Ranking Member McKeon and the
Education and Labor Committee in general for bringing this legislation
to the floor today to ensure continued access to student loans in this
time of financial strain.
This isn't a Democratic or Republican issue, this is an American
issue, and I'm grateful we were able to work together to take this
first step to protect our Nation's students.
The fallout of the subprime market and subsequent weakening of the
credit market has destabilized what many consider to be sound
investments, most notably, student loans. Investors are not hungry to
invest, funds have dried up, and lenders have been unable to secure the
capital they need to make new loans. All this in the aftermath of
reductions in lender subsidies to the Federal Family Education Loan
Program that were made in the past 3 years and have created the perfect
storm in the student loan market. We should re-examine the effect of
these cuts and affect swiftly if we have an over-cut in any area.
What's more, lenders have backed out of the program before most
students have even gone to secure their loans for next year.
We see the potential for a problem ahead, and I believe it is our job
in Congress to find solutions and alternatives now, before we see a
repeat of the subprime mortgage market meltdown.
When we considered the Higher Education Reauthorization bill back in
February, I offered an amendment expressing a Sense of Congress that
the Departments of Education and Treasury explore options within
Federal financing institutions to ensure liquidity for the program
providers. While I am pleased that Chairman Miller and Ranking Member
McKeon have included this language in the bill before us today, I
wonder if we would be in this situation had we worked to address this
situation back in February.
Lenders who have exited the FFEL program account for 13 percent of
total student loan volume in the FFEL program. What's worse, we have
not entered the period of time when students will call their individual
lenders for next year's loans. We need to act quickly to prevent
students from being denied loans.
While I believe this bill is a good first step, we need to work with
the Treasury Department to open access to Federal financing
institutions like the Federal Home Loan Bank or the Federal Financing
Bank.
Ultimately, this is a liquidity issue. While I am pleased the bill
provides additional Federal assistance to students and their families,
I am concerned that we are not getting to the heart of the matter.
{time} 1115
It is alarming to think in this period of economic uncertainty we
would be willing to provide anything less than the highest quality
education to citizens of our Nation. Access to higher education is
critical to maintaining our global competitiveness.
And, again, let me thank both the chairman and ranking member.
Mr. McKEON. Madam Chairman, I yield myself the balance of my time.
The Acting CHAIRMAN. The gentleman from California is recognized for
9\1/2\ minutes.
Mr. McKEON. Our economy is struggling, families are dealing with a
higher cost of living, rising fuel costs, a struggling mortgage market,
and the threat of higher taxes. The cost of a college education
continues to rise, only now students and families are wondering whether
they'll be able to get the loans they need to pay their tuition bills.
Like most challenges to our economy, there's no easy answer to the
difficulties in our student loan programs. We will need a combination
of actions, maybe some legislatively, others through regulation, that
will increase liquidity and restore confidence among investors and
consumers.
This bill is a first step and one that deserves bipartisan support.
It signals our commitment to a strong Federal family education loan
program and should help ease the minds of students and families, and it
does these things without a single cost to the taxpayer.
I want to again thank Chairman Miller for his leadership and
bipartisan cooperation on this legislation. I would also like to
recognize Representatives Ruben Hinojosa and Ric Keller, the chairman
and senior Republican on the Higher Education Subcommittee, for their
role in making this legislation a reality.
The staff deserves special recognition for their efforts to bring
this bill to the floor so quickly. On my staff I would like to thank
Amy Jones along with Susan Ross and Sally Stroup; on Chairman Miller's
staff, Gaby Gomez, Julie Radocchia, and Jeff Appel.
Madam Chairman, this bill is a positive first step. It's good for
students and families, it's good for taxpayers, and it's good for our
economy. I urge my colleagues to vote ``yes.''
Madam Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I want to thank Mr.
McKeon for mentioning my staff and to Julie Radocchia and also that I
failed to mention her birthday yesterday when I recognized her service.
Mr. BACA. Madam Chairman, I rise today to voice my strong support for
H.R. 5715, the Ensuring Student Access to Federal Student Loans Act.
Access to education and equality of opportunity are rights that every
American deserves.
H.R. 5715 helps to protect these rights--by ensuring the turmoil in
the U.S. financial markets does not keep students from accessing the
federal loans they need to pay for college.
Because of the current stress in the U.S. credit markets, these
protections are necessary now more than ever.
This responsible bill increases the loan limits on federal college
loans by $2,000 for undergraduate students, and also increases the
total loan limits available to students over the course of their
education.
H.R. 5715 also gives parents more time to begin paying off their
federal PLUS loans; and helps struggling home owners by making sure
that short term delinquencies in mortgage payments don't prohibit
eligible parents from taking federal loans; 225 thousand students in
the state of California alone use need-based student loans.
It is critical that Congress takes every step necessary to ensure the
credit crunch does not prevent even one of them from receiving the
education they deserve.
I urge my colleagues to help keep America the land of opportunity,
and to cast a vote in favor of H.R. 5715.
Mr. TIAHRT. Madam Chairman, I rise today to offer my support for H.R.
5715, the Ensuring Continued Access to Student Loans Act.
[[Page 6286]]
As many of my colleagues are, no doubt, aware, the rupture of the
housing bubble in this nation has had a ripple effect across our
economy. The student loan industry has not been immune to these
economic difficulties. In fact, in recent months, 57 providers of
student loans have announced that they will no longer offer loans to
students. This legislation is a good effort on the part of Congress to
address this situation.
We should delude ourselves by believing that this legislation is a
panacea, bringing a complete solution to the circumstances we find
ourselves in today. By and large, the lending market will need to take
actions of its own to right the tottering ship. These efforts are
things that Congress is not, and should not be, in the business of
mandating. But this legislation does take steps to protect students and
their families by providing assurances that the opportunities to
finance a college education are not jeopardized while the lending
market is in flux.
Presently, experts in the field are unsure that the situation is, in
fact, a ``crisis,'' pointing to a number of additional factors that may
have contributed to the narrowing of the market. We will not know for
several more months, when requests for student loans reach their peak,
just how serious a problem we are facing. That is exactly the reason
this legislation is the correct approach. It takes preventive steps to
ensure that funding is available to students and their parents, if a
crisis does arise. It does not create new mandates, but instead gives
the Secretary of Education the authority to address potential problems.
Ensuring access to affordable student loans is of great importance to
this nation, to our economy, and to our millions of students in
college. I appreciate the efforts of Mr. McKeon and Mr. Miller to bring
this legislation to the floor in such a timely manner, and hope that
this bill will be enough to stave off larger problems down the road.
Mr. COURTNEY. Madam Chairman, I want to commend Chairman Miller for
getting out ahead of the student lending issue before it becomes a
full-fledged crisis. In March, the Education and Labor Committee heard
testimony from the Secretary of Education, Margaret Spellings, and we
urged her to take steps then to ensure student lending contingency
plans were in place in the event of further troubles. Frankly, I was
disappointed to learn that she and her team were only ``monitoring the
situation.''
It is imperative that students have uninterrupted access to student
loans in the event that the mortgage crisis and credit crunch further
ripple through the economy. Just yesterday, Citibank's student lending
division announced it was going to stop lending at many higher
education institutions, though they wouldn't name which ones. This is
troubling news since Citibank is the second largest originator of
federal student loans.
I met with the Connecticut Commissioner of Higher Education and the
Director of Financial Aid at the University of Connecticut last month
and let me tell you--they are taking this issue seriously. Financial
Aid offices across the state are communicating to students and families
to finalize their education financing now. I have also personally taken
part in getting the word out to my constituents as well.
Thankfully, Connecticut students also have backup from the state's
own loan agency, the Connecticut Higher Education Supplemental Loan
Authority, with $31 million to lend.
Right now, we don't know how deep the effects will be, but it is
prudent that students and their parents are given some relief now. This
bill will steer borrowers away from costlier private loans and give
parents more time to pay off PLUS loans. And it is crucial that
Secretary Spellings has the authority now to advance federal funds if
necessary.
The federal government rushed in to bail out Bear Stearns. It is only
right that we make sure that the federal government is ready to assist
millions of students and families if the need arises.
Mr. CARNEY. Madam Chairman, I rise today in support of H.R. 5715, the
``Ensuring Continued Access to Student Loans Act of 2008.''
This legislation will go a long way in helping to ensure the
continued availability of Federal student loans. But it is only a first
step and more needs to be done so that any student anywhere in America
can attend the college of his or her choice.
Today, 80 percent of all Federal student loans are made through the
Federal Family Education Loan Program--commonly known as FFELP.
According to the U.S. Department of Education, 6.8 million college
students and their families will borrow nearly $60 billion from State,
non-profit and private lenders who participate in the Federal student
loan program.
Ninety-five percent of all student loans made in the Commonwealth of
Pennsylvania and nearly all student loans made at schools in my
district are made through the FFEL program. Unfortunately, earlier this
year, the Pennsylvania Higher Education Assistance Agency--which was
the second largest provider of Federal student loans in Pennsylvania
last year--was forced to stop making Federal student loans. PHEAA's
exit, along with others, from Pennsylvania's student loan market, means
that nearly one-third of all borrowers in the Commonwealth must find
new lenders for the upcoming academic year.
In responding to the student loan credit crunch, the Administration
has said that there are 2,000 lenders. That was true, but over the past
few weeks, 52 lenders, including 23 of the top 100 lenders have simply
stopped making Federal student loans. This represents over 13 percent
of all FFELP loans made last year.
Nineteen lenders have stopped making private education loans.
In just the days since the Education and Labor Committee approved
this bill and sent it to the floor, five major participants in the FFEL
program have either stopped making Federal student loans altogether or
have announced plans to dramatically scale back their ability to offer
Federal student loans.
In responding to the student loan credit crunch, some have said, we
can make the State guaranty agencies ``Lenders of Last Resort,'' but
this system has never been implemented, let alone tested.
Others have said that if lenders stop making loans, students and
schools can switch to Direct Lending. Yet Secretary Spellings recently
testified that Direct Lending can only accommodate about one-third of
the FFELP loan volume. If that is true, what will happen to the 4.5
million students who may find themselves unable to get a Federal
student loan?
And still others have said that no students have been denied college
loans yet so there is no need to act.
I think most of my colleagues agree that the best time to prepare for
a hurricane is before the storm hits.
That is why the stated purpose of H.R. 5715 is to ensure continued,
uninterrupted access to Federal student loans. One of its provisions
would authorize the Secretary of Education, in consultation with the
Treasury, to purchase student loans if there is not enough loan capital
to meet the needs of students and their families.
While I am pleased that the manager's amendment includes a provision
that will provide borrowers with a continuity of loan servicers, and
thereby keep default rates down, I am concerned that the provision
authorizing the Secretary to purchase loans does not provide enough
information or certainty to the marketplace to help increase access to
college. Without this information, lenders may be financially unable to
make new loans to new students this fall.
During the consideration of this legislation by the Rules Committee,
I offered an amendment that, had it been approved, would have defined
the terms under which the Secretary of Education could exercise her
temporary authority to both purchase student loans and maintain a
continuity of servicing in order to minimize any disruption for
students and schools.
As this bill makes it way through the legislative process I hope that
we will incorporate this language to define the terms under which the
Secretary can exercise her temporary authority to purchase student
loans more clearly than what is before us today.
Madam Chairman, I am supporting this important legislation today, but
our work is not done. While we may not be in a student loan crisis
today and we certainly do not want to be alarmist, the responsible
thing for Congress to do is to give the Administration all of the tools
necessary to head off a student loan crisis. If I am wrong about the
direction of the student loan market, and we incorporate my amendment,
we will have a very strong back-up plan for a rainy day. If I am right
and we do nothing, millions of students could be unable to go to
college.
Mr. GENE GREEN of Texas. Madam Chairman, I rise today in support of
H.R. 5715, The Ensuring Continued Access to Student Loans Act of 2008.
I would also like to thank Chairman Miller of the Education and Labor
Committee and Chairman Hinojosa of the Subcommittee on Higher
Education, Lifelong Learning and Competitiveness for their work on this
important piece of legislation.
Getting a college education has never been more important, and this
bill will help ensure that students will still have access to the
Federal loans they need to pay for college in the coming months.
In recent months, uncertainty in the U.S. credit markets has made it
difficult for some
[[Page 6287]]
lenders in the federally guaranteed student loan program to secure the
capital needed to finance college loans. Because of this, some lenders
have scaled back their lending activity.
While no student or college has reported any problems accessing
Federal student aid to date, it is important that the Federal
Government take steps to ensure that students will continue to have
access to funds regardless of what happens in the U.S. credit markets.
A viable Federal Family Education Loan Program is extremely important
in my home state of Texas. The FFELP participants provide nearly two-
thirds of the student financial aid awarded annually to Texas
postsecondary education students and parents contrasted to only 56
percent nationally.
Our students can now breathe a sigh of relief knowing that there will
be liquidity and continued, uninterrupted access to Federal loans
thanks to this bill.
Ms. JACKSON-LEE of Texas. Madam Chairman, I rise today in support of
H.R. 5715, ``Ensuring Continued Access to Student Loans Act of 2008'',
introduced by Representative George Miller of California. I want to
thank the Committee on Education and Labor for its efforts in this
important area.
Every generation sets out to improve upon the previous generation. We
teach how children that if they focus, are responsible, and work hard
they can be anything. Yet we have provided a false truth for the
majority of our children. Rising tuitions in higher education even at
our community colleges are keeping a lot of our youth from attending
college. For those that are able to attend, they are burdened by
extensive loans just to buy books, attend class, and maintain housing.
Families are sending their children to school, trying to qualify for
parent loans and wondering how they are going to make the payments when
they are struggling to pay their mortgage and facing their own issues
with possible unemployment.
In my home State of Texas, families are struggling to assist children
with their education while they face an unemployment rate of 4.3
percent across the State. As of the end of last year, Texas was ranked
as having the 20th highest unemployment rate (out of the 50 States).
And we are not alone as States grapple with unemployment and a falling
housing market.
H.R. 5715, Ensuring Continued Access to Student Loans Act, provides
much needed support to our families in a time when they most need it by
specifically addressing the needs of parents, students, and even
lenders. The Student loans Act would:
Increase unsubsidized loan limits for students: This bill will
increase unsubsidized loan limits by $2,000 for each year of
undergraduate and graduate school. It also increases the aggregate loan
limits to $31,000 for dependent undergraduates and $57,500 for
independent undergraduate students.
Delayed repayment of parent PLUS loans: Currently PLUS loan
borrowers--parents--go into repayment 60 days after disbursement of the
loan. This bill would give families an option of not entering repayment
for up to 6 months after a student leaves school.
PLUS loan eligibility for struggling home-owners: Under current law,
parents with an adverse credit history are ineligible to receive a
parent PLUS loan, except under extenuating circumstances. In light of
the current housing market, the bill temporarily qualifies up to 180-
day delinquency on home mortgages as an extenuating circumstance,
therefore making it more possible for parents struggling with the
current housing market to secure loans for their children.
Lender of Last Resort flexibility: The bill makes clear in statute
that the Secretary of Education has the mandatory authority to advance
Federal funds to Guaranty Agencies in the case that they do not have
sufficient capital. Further, the bill allows a Guaranty Agency to
designate a school (rather than an individual student) as a ``lender of
last resort school,'' in accordance with guidelines set by the
Secretary.
Authority for the Secretary of Education to purchase FFEL loan
assets: The bill gives the Secretary the temporary authority, upon a
determination that there is inadequate availability to meet demand for
loans, to purchase loans from FFEL lenders. Such purchases could only
be made in the case they are revenue-neutral or beneficial to the
Federal Government.
Federal Institutions' participation: The bill includes a Sense of the
Congress that the Federal Financial Institutions and entities
(including the Federal Financing Bank, the Federal Home Loan Banks, and
the Federal Reserve) should consider using, in consultation with the
Secretaries of Education and the Treasury, available authorities, if
needed, to assist in ensuring continued student loan access.
I urge my colleagues to vote for H.R. 5715, Ensuring Continued Access
to Student Loans Act. Let's support education by allowing for greater
flexibility, eligibility, and participation for students and their
families.
Mr. KIND. Madam Chairman, I rise today in support of the Ensuring
Continued Access to Student Loans Act of 2008, a bill to continue the
promise Congress made in 1965 to provide all Americans, regardless of
culture or socioeconomic status, greater opportunities to further their
education. This bill recognizes the shared benefits to both individual
Americans and to the country as a whole of ensuring future generations
have the tools necessary to be successful in a vastly competitive 21st
century workforce.
The opportunity for children to attend institutions of higher
education is essential in preparing our future leaders. While the
number of students with the academic knowledge, talent, and desire to
attend and succeed in college has substantially increased over time,
the necessary financial assistance has regrettably not kept pace. We
must reverse this trend and uphold the Federal Government's commitment
to America's schools and to all of our children.
The recent instability in financial markets has hurt more than just
homeowners, and many individuals and their families are finding it
difficult to secure student loans to attend college. The ensuring
Continued Access to Student Loans Act assists future and current
students by increasing unsubsidized loan limits for undergraduate and
graduate students, giving parent borrowers more time before they begin
paying off their Federal Plus loans and encouraging Federal financial
institutions' participation in ensuring continued student loan access.
As a former member of the Education and Labor Committee, a
representative of 12 institutions of higher education located in the
Third Congressional District of Wisconsin, and a father of 2 school-
aged boys, I recognize the importance of increased access to post-
secondary education and ensuring that everyone who wishes to attend
college can afford to do so. The ensuring Continued Access to Student
Loans Act is a step in the right direction, and I encourage my
colleagues to join me in supporting this important piece of
legislation.
Ms. WOOLSEY. Madam Chairman, I rise today in support of H.R. 5715,
the Ensuring Continued Access to Student Loans Act of 2008. Everyone
deserves access to the best possible opportunities, which include a
college education. No student should be denied a college education
because he or she can't afford it. That's why we must continue to find
ways to increase student access to financial aid to ensure that
students and their families have every possible opportunity to acquire
a college education.
We can't let the current credit crisis limit any student's
opportunities to receive a college education. This bill would give the
Secretary of Education the tools to help schools in need find a lender
and give students access to the money they need to attend school. To
keep America competitive in the global market, we must continue to
ensure that every student receives access to the best possible college
education.
This bill serves as a preventative measure and goes a long way
towards averting any possible crisis in July or August when our
Nation's students and their families are looking for ways to pay for
the next school year. I urge my colleagues to support H.R. 5715.
Mr. CONYERS. Madam Chairman, today I rise to support H.R. 5715, the
Ensuring Continued Access to Federal Student Loans Act of 2008. As
current turmoil in the U.S. financial markets make obtaining and
affording student loans more and more difficult, today we take an
affirmative step to relieve that pressure on students and families by
providing greater access to Federal loans. This legislation: Reduces
borrowers' reliance on costlier private college loans and encourage
responsible borrowing; gives parent borrowers more time to begin paying
off their Federal PLUS college loans; helps struggling homeowners pay
for college; provides the U.S. Secretary of Education additional tools
to safeguard access to student loans; and encourages Federal financial
institutions to exercise their existing authorities to ensure borrowers
have access to Federal loan funds in the upcoming academic year.
Here in Congress, we must ensure that access to higher education is
as unfettered as possible. As our economy goes more and more global we
have to assure that our future generation will be able to effectively
compete on the world stage.
I strongly support this bi-partisan legislation that makes access to
college more affordable thereby giving greater opportunities to many
more to pursue the American dream. The Ensuring Continued Access to
Federal Students Loans Act will achieve its goal at no additional
[[Page 6288]]
cost to the government and with so much money being spent on building
infrastructure in Iraq by the Executive branch it is encouraging to see
the Congress show fiscal restraint and responsibility.
I would like to commend Chairman Miller and Ranking Member McKeon for
their work and leadership in bringing this bill to the floor so
families can receive relief before this coming August.
Mr. GEORGE MILLER of California. Madam Chairman, I yield back the
balance of my time.
The Acting CHAIRMAN. All time for general debate has expired.
Pursuant to the rule, the amendment printed in part A of House Report
110-590 is adopted and the bill, as amended, shall be considered as an
original bill for the purpose of further amendment under the 5-minute
rule and shall be considered read.
The text of the bill, as amended, is as follows:
H.R. 5715
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This title may be cited as the ``Ensuring Continued Access
to Student Loans Act of 2008''.
SEC. 2. INCREASING UNSUBSIDIZED STAFFORD LOAN LIMITS FOR
UNDERGRADUATE AND GRADUATE STUDENTS.
(a) Amendments.--Subsection (d) of section 428H of the
Higher Education Act of 1965 (20 U.S.C. 1078-8(d)) is amended
to read as follows:
``(d) Loan Limits.--
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), the annual and aggregate limits for loans under
this section shall be the same as those established under
section 428(b)(1), less any amount received by such student
pursuant to the subsidized loan program established under
section 428.
``(2) Limits for graduate and professional students.--
``(A) Annual limits.--The maximum annual amount of loans
under this section a graduate or professional student may
borrow in any academic year (as defined in section 481(a)(2))
or its equivalent shall be the amount determined under
paragraph (1), plus--
``(i) in the case of such a student who is a graduate or
professional student attending an eligible institution,
$14,000; and
``(ii) in the case of a graduate student enrolled in
coursework specified in sections 484(b)(3)(B) and
484(b)(4)(B), $7,000;
except in cases where the Secretary determines, that a higher
amount is warranted in order to carry out the purpose of this
part with respect to students engaged in specialized training
requiring exceptionally high costs of education, but the
annual insurable limit per student shall not be deemed to be
exceeded by a line of credit under which actual payments by
the lender to the borrower will not be made in any years in
excess of the annual limit.
``(B) Aggregate limit.--The maximum aggregate amount of
loans under this section a student described in subparagraph
(A) may borrow shall be the amount described in paragraph
(1), adjusted to reflect the increased annual limits
described in subparagraph (A), as prescribed by the Secretary
by regulation.
``(3) Limits for undergraduate dependent students.--
``(A) Annual limits.--The maximum annual amount of loans
under this section an undergraduate dependent student (except
an undergraduate dependent student whose parents are unable
to borrow under section 428B or the Federal Direct PLUS Loan
Program) may borrow in any academic year (as defined in
section 481(a)(2)) or its equivalent shall be the sum of the
amount determined under paragraph (1), plus $2,000.
``(B) Aggregate limits.--The maximum aggregate amount of
loans under this section a student described in subparagraph
(A) may borrow shall be $31,000.
``(4) Limits for undergraduate independent students.--
``(A) Annual limits.--The maximum annual amount of loans
under this section an undergraduate independent student, or
an undergraduate dependent student whose parents are unable
to borrow under section 428B or the Federal Direct PLUS Loan
Program, may borrow in any academic year (as defined in
section 481(a)(2)) or its equivalent shall be the sum of the
amount determined under paragraph (1), plus--
``(i) in the case of such a student attending an eligible
institution who has not completed such student's first 2
years of undergraduate study--
``(I) $6,000, if such student is enrolled in a program
whose length is at least one academic year in length; or
``(II) if such student is enrolled in a program of
undergraduate education which is less than one academic year,
the maximum annual loan amount that such student may receive
may not exceed the amount that bears the same ratio to the
amount specified in clause (i) as the length of such program
measured in semester, trimester, quarter, or clock hours
bears to one academic year;
``(ii) in the case of such a student at an eligible
institution who has successfully completed such first and
second years but has not successfully completed the remainder
of a program of undergraduate education--
``(I) $7,000; or
``(II) if such student is enrolled in a program of
undergraduate education, the remainder of which is less than
one academic year, the maximum annual loan amount that such
student may receive may not exceed the amount that bears the
same ratio to the amount specified in subclause (I) as such
remainder measured in semester, trimester, quarter, or clock
hours bears to one academic year; and
``(iii) in the case of such a student enrolled in
coursework specified in sections 484(b)(3)(B) and
484(b)(4)(B), $6,000 for coursework necessary for enrollment
in an undergraduate degree or certificate program.
``(B) Aggregate limits.--The maximum aggregate amount of
loans under this section a student described in subparagraph
(A) may borrow shall be $57,500.
``(5) Capitalized interest.--Interest capitalized shall not
be deemed to exceed a maximum aggregate amount determined
under subparagraph (B) of paragraph (2), (3), or (4).''.
(b) Effective Date.--The amendments made by this section
shall be effective for loans issued on or after July 1, 2008.
SEC. 3. GRACE PERIOD FOR PARENT PLUS LOANS.
(a) Amendment.--Section 428B(d) (20 U.S.C. 1078-2(d)) is
amended by amending paragraphs (1) and (2) to read as
follows:
``(1) Commencement of repayment.--Repayment of principal on
loans made under this section shall--
``(A) commence not later than--
``(i) 60 days after the date such loan is disbursed by the
lender, except as provided in clause (ii); and
``(ii) if agreed upon by a parent borrower, the day after 6
months after the date the student for whom the loan is
borrowed ceases to carry at least one-half the normal full-
time academic workload (as determined by the institution);
and
``(B) be subject to deferral during any period during which
the graduate or professional student or the parent meets the
conditions required for a deferral under section 427(a)(2)(C)
or 428(b)(1)(M).
``(2) Capitalization of interest.--
``(A) In general.--Interest on loans made under this
section--
``(i) which accrues prior to the beginning of repayment
under paragraph (1)(A)(i), shall be added to the principal
amount of the loan; and
``(ii) which accrues prior to the beginning of repayment
under paragraph (1)(A)(ii) or during a period in which
payments of principal are deferred pursuant to paragraph
(1)(B) shall, if agreed upon by the borrower and the lender--
``(I) be paid monthly or quarterly; or
``(II) be added to the principal amount of the loan not
more frequently than quarterly by the lender.
``(B) Insurable limits.--Capitalization of interest under
this paragraph shall not be deemed to exceed the annual
insurable limit on account of the borrower.''.
(b) Conforming Amendment.--Section 428(b)(7)(C) (20 U.S.C.
1078(b)(7)(C)) is amended by striking ``, 428B,''.
(c) Effective Date.--The amendments made by this section
shall be effective for loans issued on or after July 1, 2008.
SEC. 4. SPECIAL RULES FOR PLUS LOANS.
Section 428B(a)(3) is amended to read as follows:
``(3) Special rules.--
``(A) Parent borrowers.--Whenever necessary to carry out
the provisions of this section, the terms `student' and
`borrower' as used in this part shall include a parent
borrower under this section.
``(B) Extenuating circumstances.--For loans made on or
after July 1, 2008, and before July 1, 2009, a lender may
determine that a borrower meets the extenuating circumstances
requirement described in regulations promulgated by the
Secretary to carry out this section or section 455 if the
borrower is 180 or fewer days delinquent on their home
mortgage payments.''.
SEC. 5. LENDER-OF-LAST-RESORT.
(a) In General.--Section 428(j) of the Higher Education Act
of 1965 (20 U.S.C. 1078(j)) is amended--
(1) in the first sentence of paragraph (1), by striking
``students eligible to receive interest benefits paid on
their behalf under subsection (a) of this section who are
otherwise unable to obtain loans under this part'' and
inserting ``students and parents who are otherwise unable to
obtain loans under this part (except for consolidation loans
under section 428C) or who attend an institution of higher
education in the State that is designated under paragraph
(4)'';
(2) in paragraph (2)(B), by inserting ``, in the case of
students and parents applying for loans under this subsection
because of an inability to otherwise obtain loans under this
part (except for consolidation loans under section 428C),''
after ``lender, nor'';
(3) in paragraph (3)(C)--
(A) in the first sentence, by inserting ``or designates an
institution of higher education
[[Page 6289]]
for participation in the program under this subsection under
paragraph (4),'' after ``under this part''; and
(B) in the third sentence, by inserting ``or to eligible
borrowers who attend an institution in the State that is
designated under paragraph (4)'' after ``problems''; and
(4) by adding at the end the following:
``(4) Institution-wide student qualification.--Upon the
request of an institution of higher education and pursuant to
standards developed by the Secretary, the guaranty agency
designated for a State shall designate such institution for
participation in the lender-of-last-resort program under this
paragraph. If the guaranty agency designates an institution
under this paragraph, such agency shall make loans, in the
same manner as such loans are made under paragraph (1), to
students and parent borrowers of the designated institution,
regardless of whether the students or parent borrowers are
otherwise unable to obtain loans under this part (other than
a consolidation loan under section 428C).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 6. MANDATORY ADVANCES.
(a) In General.--Section 421(b) of the Higher Education Act
of 1965 (20 U.S.C. 1071(b)) is amended--
(1) in paragraph (4), by striking ``programs, and'' and
inserting ``programs,'';
(2) in paragraph (5), by striking ``agencies.'' and
inserting ``agencies, and''; and
(3) by adding at the end the following:
``(6) there is authorized to be appropriated, and there are
appropriated, out of any money in the Treasury not otherwise
appropriated, such sums as may be necessary for the purpose
of carrying out section 422(c)(7).''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of enactment of this Act.
SEC. 7. TEMPORARY AUTHORITY TO PURCHASE STUDENT LOANS.
(a) Spending Authority.--
(1) Authority granted.--The first sentence of section
451(a) of the Higher Education Act of 1965 (20 U.S.C.
1087a(a)) is amended--
(A) by inserting ``(1)'' after ``as may be necessary''; and
(B) by inserting before the period at the end of such
sentence the following: ``; and (2) for purchasing loans
under section 459A''.
(2) Conforming amendment.--Section 451(a) of such Act (20
U.S.C. 1087a(a)) is further amended by striking ``Such loans
shall'' and inserting ``Loans made under this part shall''.
(b) Temporary Authority.--Part D of title IV of the Higher
Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by
inserting after section 459 the following new section:
``SEC. 459A. TEMPORARY AUTHORITY TO PURCHASE STUDENT LOANS.
``(a) Authority To Purchase.--
``(1) Authority; determination required.--Upon a
determination by the Secretary that there is an inadequate
availability of loan capital to meet the demand for loans
under sections 428, 428B, or 428H, whether as a result of
inadequate liquidity for such loans or for other reasons, the
Secretary, in consultation with the Secretary of the
Treasury, is authorized to purchase from any eligible lender,
as defined by section 435(d)(1), loans originated under
sections 428, 428B, or 428H on or after October 1, 2003, on
such terms as the Secretary, the Secretary of the Treasury,
and the Director of the Office of Management and Budget
jointly determine are in the best interest of the United
States, except that any purchase under this section shall not
result in any net cost to the Federal Government, as
determined jointly by the Secretary, the Secretary of the
Treasury, and the Director of the Office of Management and
Budget.
``(2) Regulations required.--The Secretary, the Secretary
of the Treasury, and the Director of the Office of Management
and Budget shall jointly promulgate emergency regulations and
publish such emergency regulations promptly in the Federal
Register concerning the purchases authorized by paragraph
(1).
``(3) Methodology and factors; justification required.--
Such regulations shall outline the methodology and factors
that the Secretary, the Secretary of the Treasury, and the
Director of the Office of Management and Budget shall
consider in evaluating the price at which to purchase loans
under sections 428, 428B, or 428H, and shall include a
justification of how the use of such methodology and
consideration of such factors used to determine purchase
price will ensure that loan purchases do not result in any
net cost to the Federal Government.
``(b) Proceeds.--The Secretary shall require, as a
condition of any purchase under subsection (a), that the
funds paid by the Secretary to any eligible lender under this
section shall be used in a manner consistent with ensuring
continued participation of such lender in the Federal student
loan programs authorized under part B of this title.
``(c) Expiration of Authority.--The Secretary's authority
to purchase loans under this section shall expire on July 1,
2009.''.
(c) Contracting Authority.--Section 456(b) of the Higher
Education Act of 1965 (20 U.S.C. 1087f(b)) is amended by
inserting ``or purchased'' after ``loans made'' each place it
appears in paragraphs (2) and (3).
SEC. 8. SENSE OF CONGRESS.
It is a sense of Congress that, at a time when our economy
is fragile and higher education and retraining opportunities
are more important than ever--
(1) the Federal financial institutions, such as the Federal
Financing Bank and Federal Reserve, and federally chartered
private entities such as the Federal Home Loan Banks and
others, should consider, in consultation with the Secretary
of Treasury and the Secretary of Education, using available
authorities in a timely manner, if needed, to assist in
ensuring that students and families can access Federal
student loans for academic year 2008-2009, and if needed in
the subsequent academic year, in a manner that results in no
increased costs to taxpayers; and
(2) any action taken as a result of such consideration
should in no way limit or delay the Secretary of Education's
authority to operate the lender-of-last-resort provisions of
section 428(j) of the Higher Education Act of 1965 (as
amended by this Act), nor the authority to purchase Federal
Family Education Loan Program loans, as authorized by section
459A of such Act (as added by this Act).
The Acting CHAIRMAN. No further amendment to the bill, as amended,
shall be in order except those printed in part B of the report. Each
further amendment may be offered only in the order printed in the
report, by a Member designated in the report, shall be considered read,
shall be debatable for the time specified in the report, equally
divided and controlled by the proponent and an opponent of the
amendment, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
Part B Amendment No. 1 Offered by Mr. George Miller of California
The Acting CHAIRMAN. It is now in order to consider amendment No. 1
printed in part B of House Report 110-590.
Mr. GEORGE MILLER of California. Madam Chairman, I offer an
amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 1 offered by Mr. George Miller of
California:
In section 2 of the bill--
(1) redesignate subsection (b) as subsection (c); and
(2) after subsection (a) insert the following new
subsection:
(b) Student Eligibility.--Loan limit increases authorized
by the amendments made by this section shall be available
only to students who meet the requirements of section 484(a)
of the Higher Education Act of 1965 (20 U.S.C. 1091(a)).
In section 428H(d) of the Higher Education Act of 1965, as
amended by section 2(a) of the bill--
(1) in clause (i) of paragraph (2)(A), strike ``$14,000''
and insert ``$12,000''; and
(2) in subclause (II) of paragraph (4)(A)(i), strike
``clause (i)'' and insert ``subclause (I)''.
In section 3 of the bill--
(1) in subsection (a), insert ``of the Higher Education Act
of 1965'' after ``428B(d)''; and
(2) in subsection (b), insert ``of such Act'' after
``428(b)(7)(C)''.
In section 4 of the bill, insert ``of the Higher Education
Act of 1965 (20 U.S.C. 1078-2(a)(3))'' after ``428B(a)(3)''.
In section 428B(a)(3) of the Higher Education Act of 1965,
as amended by section 4 of the bill, strike subparagraph (B)
and insert the following:
``(B)(i) Extenuating circumstances.--For loans made on or
after July 1, 2008, and before July 1, 2009, a lender may
determine that extenuating circumstances exist under the
regulations promulgated pursuant to paragraph (1)(A) if an
applicant for a loan under this section is delinquent for 180
days or less on their home mortgage payments and is not more
than 89 days delinquent on the repayment of any other debt.
``(ii) Master calendar inapplicable.--Section 482 shall not
apply to determinations made under clause (i).''.
In section 5(a) of the bill--
(1) in paragraph (1), strike ``students and parents'' and
insert ``eligible students and parents'';
(2) in paragraph (3)(A), strike the comma after ``paragraph
(4)''; and
(3) in paragraph (4), strike paragraph (4) of section
428(j) of the Higher Education Act of 1965 added by such
paragraph of the bill and insert the following:
``(4) Institution-wide student qualification.--Upon the
request of an institution of higher education and pursuant to
standards developed by the Secretary, the Secretary shall
designate such institution for participation in the lender-
of-last-resort program under this paragraph. If the Secretary
designates an institution under this paragraph, the guaranty
agency designated for the State in which the institution is
located
[[Page 6290]]
shall make loans, in the same manner as such loans are made
under paragraph (1), to students and parent borrowers of the
designated institution, regardless of whether the students or
parent borrowers are otherwise unable to obtain loans under
this part (other than a consolidation loan under section
428C).
``(5) Standards developed by the secretary.--In developing
standards with respect to paragraph (4), the Secretary may
require--
``(A) an institution of higher education to demonstrate
that, despite due diligence on the part of the institution,
the institution has been unable to secure the commitment of
lenders willing to make loans to a significant number of
students attending the institution;
``(B) that, prior to making a request under such paragraph
for designation for participation in the lender-of-last-
resort program, an institution of higher education shall
demonstrate that the institution has met a minimum threshold,
as determined by the Secretary, for the number or percentage
of students at such institution who have received rejections
from eligible lenders for loans under this part; and
``(C) any other standards and guidelines the Secretary
determines to be appropriate.''.
In section 459A of the Higher Education Act of 1965, as
added by section 7 of the bill--
(1) in subsection (a)(1), insert ``, or enter into forward
commitments to purchase,'' after ``is authorized to
purchase'';
(2) in subsection (b)--
(A) strike ``shall be used'' and all that follows through
the period and insert the following: ``shall be used (1) to
ensure continued participation of such lender in the Federal
student loan programs authorized under part B of this title,
and (2) to originate new Federal loans to students, as
authorized under part B of this title.'';
(3) redesignate subsection (c) as subsection (d); and
(4) after subsection (b), insert the following new
subsection:
``(c) Maintaining Servicing Arrangements.--The Secretary
may, if agreed upon by an eligible lender selling loans under
this section, contract with such lender for the servicing of
the loans purchased, provided that--
``(1) the cost of such servicing arrangement does not
exceed the cost the Federal Government would otherwise incur
for the servicing of loans purchased, as determined under
subsection (a); and
``(2) such servicing arrangement is in the best interest of
the borrowers whose loans are purchased.
The Acting CHAIRMAN. Pursuant to House Resolution 1107, the gentleman
from California (Mr. George Miller) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from California.
Mr. GEORGE MILLER of California. Madam Chairman, I rise in support of
the manager's amendment to H.R. 5715, the Ensuring Continued Access to
Student Loans Act of 2008. The amendment was done on a bipartisan basis
with the input of the senior Republican member, Mr. McKeon. The
manager's amendment we are considering here today makes various
technical changes to the legislation and additional substantive changes
to ensure continued access to Federal student loans.
Specifically, the amendment makes the following changes: It targets
loan limit increases to undergraduate students and families. It
clarifies that only eligible students as defined under section 435(a)
may qualify for these loans as with all other Federal student aid. It
clarifies that at the discretion of the Secretary, a loan may continue
to be serviced by the current lender. And in regard to school-wide
Lender of Last Resort eligibility, it specifies that the Secretary of
Education shall determine whether a school qualifies and provides
criteria for the Secretary to consider in making the determination. It
specifies that funds received by lenders from loan sales will be used
to originate new loans. And it clarifies that, at the discretion of the
Secretary, a loan purchased by the Secretary may continue to be
serviced by the current lender.
Now more than ever, families deserve every assurance that we are
doing all that we can to make sure that they will continue to be able
to access the low-cost loans they need to pay for college, regardless
of what happens in the credit markets. I am confident that our efforts,
coupled with the proper planning by the Federal Government, will
provide them with that guarantee.
I urge my colleagues to support this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. McKEON. Madam Chairman, I claim time in opposition, but I will
not be opposing the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. McKEON. Madam Chairman, I yield myself such time as I may
consume.
I want to thank Chairman Miller for his work on this amendment. Like
the underlying bill, this amendment was developed on a bipartisan basis
to respond to some of the very specific challenges facing our student
loan program. Although many of the challenges in this amendment are
technical in nature, they will help to perfect the bill and ensure it
has the impact we intend.
For instance, the purpose of this bill has never been to force a
shift from the FFEL program to the Direct Loan program. That's why the
amendment clarifies that if the Secretary of Education does purchase
outstanding loans, she can keep those loans with their existing
servicing arrangements. This will ensure a seamless transition for
students while having the intended effect of freeing up capital to make
new loans.
The amendment also ensures the bill will have no cost to taxpayers.
From the outset Chairman Miller and I agreed that it was important to
move a bill that made meaningful reforms without driving up spending.
H.R. 5715 does exactly that.
With regard to the Lender of Last Resort program, the amendment
clarifies some of the steps that must be taken in order to designate
school-wide participation in this program. These reforms will be
enhanced even further by the amendment that will be offered shortly by
Representative Petri.
I appreciate Chairman Miller's willingness to include language
proposed by Representative Platts that adds greater clarity and
flexibility within the Secretary's ability to purchase loans. Although
it was always our intent that this new, temporary authority would
include the concept of a ``forward purchase agreement,'' this amendment
makes it explicit that the Secretary can enter into agreements to
purchase loans in the future. The amendment also clarifies that lenders
must reinvest the proceeds from the sale of loans to the Secretary back
into making new loans to students.
Once again, I want to thank Chairman Miller for his work on this
amendment and on the bill as a whole.
Madam Chairman, I yield back the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I yield back the
balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from California (Mr. George Miller).
The question was taken; and the Acting Chairman announced that the
ayes appeared to have it.
Mr. GEORGE MILLER of California. Madam Chairman, I demand a recorded
vote.
The Acting CHAIRMAN. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Part B Amendment No. 2, as Modified, Offered by Mr. Petri
The Acting CHAIRMAN. It is now in order to consider amendment No. 2
printed in part B of House Report 110-590.
Mr. PETRI. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 2 offered by Mr. Petri:
At the end of section 5 of the bill, add the following new
subsection:
(c) Review of Inducements Limitations.--Within 90 days
after the date of enactment of this Act, the Secretary of
Education shall review, and as necessary revise, the
Department of Education's regulations concerning prohibited
guaranty agency inducements to eligible lenders (34 CFR
682.401(a)) to ensure that such agency's do not engage in
improper inducements in the expansion of operations of the
lender-of-last-resort program as authorized by the amendments
made by this
[[Page 6291]]
section. The Secretary shall submit a report on the review
and revision required by this subsection to the Committee on
Education and Labor of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of the
Senate within 180 days after such date of enactment.
The Acting CHAIRMAN. Pursuant to House Resolution 1107, the gentleman
from Wisconsin (Mr. Petri) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. PETRI. Madam Chairman, I ask unanimous consent that the amendment
be modified by the text that I have placed at the desk.
The Acting CHAIRMAN. The Clerk will report the modification.
The Clerk read as follows:
Modification to part B amendment No. 2 offered by Mr.
Petri:
At the end of section 5 of the bill, add the following new
subsection:
(c) Review of Inducements Limitations.--Within 90 days
after the date of enactment of this Act, the Secretary of
Education shall review, and as necessary revise, the
Department of Education's regulations concerning prohibited
guaranty agency inducements to eligible lenders (34 CFR
682.401(e)) to ensure that such agency's do not engage in
improper inducements in the expansion of operations of the
lender-of-last-resort program as authorized by the amendments
made by this section. The Secretary shall submit a report on
the review and revision required by this subsection to the
Committee on Education and Labor of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate within 180 days after such
date of enactment.
The Acting CHAIRMAN (during the reading). Without objection, the
reading of the modification is dispensed with.
There was no objection.
The Acting CHAIRMAN. Without objection, the amendment is modified.
There was no objection.
The Acting CHAIRMAN. The gentleman from Wisconsin is recognized for 5
minutes.
Mr. PETRI. Thank you, Madam Chairman.
Under current law, Federal Family Education Loan Program guaranty
agencies are obligated to serve as lenders of last resort to borrowers
who have been denied a Federal student loan by two lenders. The
legislation we are considering today puts in place measures that will
permit an entire higher education institution, rather than just
individuals, to participate in the Lender of Last Resort program and
also clarifies the Secretary of Education's authority to advance
mandatory funds to guaranty agencies to serve as the lender of last
resort.
The amendment I am offering today would simply require the Secretary
of Education to review and revise as necessary the regulations
concerning prohibited guaranty agency inducements to ensure that such
agencies do not engage in improper inducements as lenders of last
resort.
Currently, guaranty agencies are provided flexibility from the
general lender prohibitions regarding inducements and exempted from
others when they act as lenders of last resort. While this flexibility
may be necessary, the bill before us would expand the role of guaranty
agencies acting as lenders of last resort. And it's prudent to take
another look at these regulations to be sure that students and
taxpayers continue to be protected.
I ask my colleagues to vote ``yes'' on this amendment.
Madam Chairman, I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I claim the time in
opposition to the amendment, although I do not expect to oppose the
amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. GEORGE MILLER of California. Madam Chairman, I commend Mr. Petri
for this amendment. He addresses an oversight in the legislation in
making sure that the Secretary has the ability to review and revise the
regulations concerning prohibited guaranty agency inducements to ensure
that agencies do not engage in improper inducements. We don't think
this is a problem, but we had a problem in the past in the rest of the
program, and we passed on a bipartisan basis, the Student Loan Sunshine
Act, and I think this amendment is an important part of keeping the
integrity of that act and the continuity within the student loan
program so that all participants in that program understand that we
cannot condone even an appearance of improper relationships. When
students and families are borrowing money and making sacrifices for
that money, we want to make sure that they get the best deal available
and they get the best facts available to them.
I thank the gentleman for offering the amendment.
Madam Chairman, I yield back the balance of my time.
Mr. PETRI. Madam Chairman, I yield such time as he may consume to the
gentleman from California (Mr. McKeon).
Mr. McKEON. I thank the gentleman for yielding.
Madam Chairman, I rise in support of this commonsense amendment.
The Lender of Last Resort program was never intended to serve as a
bailout for our student loan system as a whole. Rather, it was
developed as a backstop for individual students on a case-by-case basis
to be able to access a student loan if they encountered some rare
circumstance in which they could not borrow through the standard
channels.
I, for one, hope that the broad-based Lender of Last Resort authority
in this bill will never be used. After all, the goal of this
legislation is to prevent such a crisis within the loan program before
it occurs. But I appreciate the steps being taken to ensure that if the
Lender of Last Resort program ever needs to be deployed on a larger
scale, we will have the infrastructure and processes in place to allow
it.
However, because the program was simply never intended to be used on
a school-wide basis, we should ensure that in implementing this
authority, we are not unintentionally subverting current regulations.
We also want to ensure that a guaranty agency is not unnecessarily
punished for stepping in as a lender if needed. That is why this
amendment requests that the Secretary review the regulations with the
Lender of Last Resort program in mind. This program should be
implemented in a manner that will be effective, efficient, and in the
best interest of students.
I want to thank Representative Petri for offering this amendment,
which requires the Secretary to ensure that regulations are updated to
reflect the new responsibilities that would be given to guaranty
agencies operating as a lender of last resort for entire schools rather
than individual students.
{time} 1130
This amendment is consistent with our longstanding support for
greater sunshine, transparency and consumer protections.
I support this amendment, and I urge its passage.
Mr. PETRI. I yield back my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin (Mr. Petri), as modified.
The amendment, as modified, was agreed to.
Part B Amendment No. 3 Offered by Mr. Castle
The Acting CHAIRMAN. It is now in order to consider amendment No. 3
printed in part B of House Report 110-590.
Mr. CASTLE. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 3 offered by Mr. Castle:
At the end of the bill, add the following new section:
SEC. 9. GAO STUDY ON IMPACT OF INCREASED LOAN LIMITS.
(a) Study Required.--The Comptroller General shall conduct
a study to evaluate the impact of the increase in Federal
loan limits provided for in section 2 of this Act and section
8005 of the Deficit Reduction Act of 2005 with respect to the
impact on--
(1) tuition, fees, and room and board at institutions of
higher education; and
(2) private loan borrowing by students and parents for
attendance at institutions of higher education.
[[Page 6292]]
(b) Study Components.--The study required under subsection
(a) shall be conducted for each major sector of institutions
of higher education over a 5-year time period. The report
shall specifically analyze the following:
(1) Whether, on average, tuition, fees, and room and board
increase, decrease, or remain unchanged in each such sector
after the increases in Federal loan limits take effect.
(2) Whether the amount of private educational loans taken
out by students (and their parents) at institutions in each
such sector to pay tuition, fees, and room and board
increase, decrease, or remain unchanged.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Comptroller General shall provide
an interim report to the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate including the
initial results of the study conducted under this section.
The Comptroller General shall follow up with such Committees
after the third year and the fifth year after such date of
enactment.
The Acting CHAIRMAN. Pursuant to House Resolution 1107, the gentleman
from Delaware (Mr. Castle) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Delaware.
Mr. CASTLE. I yield myself such time as I may consume.
The amendment I have offered with Representative Welch today is meant
to complement the underlying legislation and help us better utilize the
Federal student loan program. I am supportive of H.R. 5715, which I
believe will help prevent instability in the student loan market and
ensure students have access to funds for higher education. This
amendment doesn't alter the base bill but can help us learn more about
rising costs.
As you know, the committee has actively worked to identify causes of
rising college costs while tuition rates continue to increase more
rapidly than household incomes. This rate of increase continues to
prove to be overly burdensome for both students and families as they
save and borrow to pay for higher education.
Adding another layer of complexity is the existing slump in credit
markets. For this reason, several lending institutions have recently
announced that soaring lending costs have caused them to decrease
availability of new loans to American students.
Today, I am pleased Congress has the opportunity to vote on this
bipartisan legislation to protect students and families by ensuring
disruptions in the financial markets do not prevent students from
pursuing their higher education goals.
I believe this legislation can help restore investor confidence in
the marketplace, provide additional flexibility for parents through a
new, optional grace period for PLUS loan payments until after their
children graduate, as well as ensure that parents struggling with
mortgage payments are not automatically denied credit through PLUS
loans.
Also, this bill expands loan availability through higher unsubsidized
Stafford loan limits. This provision, along with a provision passed
under the Deficit Reduction Act of 2005 which increased loan limits on
federally subsidized loans, enables students to receive more Federal
funding, reducing reliance on higher cost private loans.
Although I strongly support these provisions, I believe we have an
opportunity here to determine what impact, if any, these changes have
on tuition, fees, and room and board costs and private loan borrowing
by students and parents.
The amendment I am offering today does just this. The amendment will
provide for a review and evaluation by the Government Accountability
Office, GAO, of these two aspects of higher education.
Specifically, the GAO study will examine institutions of higher
education over a 5-year time period to look at whether tuition, fees,
and room and board increase, decrease, or remain neutral after the
increases in loan limits take effect, as well as whether the amount of
private educational loans taken out by students and their families to
pay tuition, fees, and room and board increase, decrease, or remain
neutral.
I urge my colleagues to support this commonsense amendment to shine
some light on possible causes of the rising cost of higher education
and also urge support for the base bill to maintain access to the
Federal student loan program.
I thank Mr. Welch for working with me on this amendment and for
speaking in favor of this bill yesterday before the House. And we would
just like to say that I just think it is so important that we deal with
the costs of higher education as well as the financing of higher
education. Hopefully, by this add-on, we will be able to do at least a
little bit of that.
I reserve the balance of my time.
Mr. GEORGE MILLER of California. Madam Chairman, I rise to claim the
time in opposition, although I do not expect to oppose the amendment.
The Acting CHAIRMAN. The gentleman from California is recognized for
5 minutes.
Mr. GEORGE MILLER of California. Madam Chairman, Members of the
House, this is an important amendment.
This committee, on a bipartisan basis, has struggled with trying to
get a good handle, if you will, an understandable handle on the cost of
education and the reasons for the increases in the cost of education,
as we watched the cost spiral up in higher education much faster than
the general inflation index. And it is a rising concern in families. As
their budgets compete with fuel, food and mortgage payments, this
obviously becomes a very serious matter.
Congressman McKeon and Congressman Castle have been on this watch for
many years in this committee trying to help us come to grips with this
problem and trying to carry on a positive conversation with the
universities and colleges so that we can better define those costs that
they control, the costs that they don't control, and certainly the
actions of the States in their support for the public institutions. I
think this amendment is very helpful.
Congressman Welch has spoken to me about this during our
deliberations of the higher education bill and of the college loan
reduction bill that we passed last year.
This is an issue that continues to nag at us. I think providing some
good guidance to GAO, with their expertise, we have an opportunity to
really take a good look at a cross-section of institutions, what is
properly driving the increases in cost and what maybe is improperly
driving the increase in cost, and those things that can possibly be
brought under control and be reduced by cooperative actions between the
institutions, the States, and the Federal Government.
So I strongly support this amendment, and I want to thank Congressman
Castle and Congressman Welch for offering this amendment.
I yield back the balance of my time.
Mr. CASTLE. Madam Chairwoman, I want to thank Chairman Miller for his
kind words.
I think that all of us, including Mr. McKeon, on whom I will call in
a moment, would all agree that we need to educate our young people as
well as we can, and they need to be able to afford it. And anything we
can do to help in that area is something that we should be doing.
I yield to the gentleman from California (Mr. McKeon) whatever time
he may consume.
Mr. McKEON. Madam Chairman, I thank the gentleman for yielding and
for his longstanding commitment to addressing the rising costs of
college.
This amendment gets to the heart of the concern that many of us have
harbored for a long time. It takes a hard look at whether or not an
increase in Federal aid will lead to an increase in college tuition.
Everyone recognizes that Federal student aid is a good investment. Pell
Grants, together with campus-based aid programs, Federal student loans
and other higher education benefits help make a college education
accessible to every American student.
With enactment of the Higher Education Act in 1965, these financial
aid programs truly did make college more affordable. But beginning in
the
[[Page 6293]]
eighties and in the decades since, college tuition has skyrocketed.
Despite our best efforts to keep pace by investing in student aid,
college is becoming less affordable for many families. Tuition goes up,
so we increase financial aid. But when we increase financial aid,
tuition goes up. It's a vicious cycle. And we are losing ground.
Unfortunately, this pattern has even led some of us to question
whether an investment in financial aid is a wise one. After all, if
we're driving tuition increases by, for instance, increasing loan
limits, we may be doing more harm than good.
I think there's agreement that this bill will help borrowers by
increasing unsubsidized borrowing limits. Particularly for borrowers
who are unable to access higher-cost credit-based private loans, this
additional Federal loan availability may be the difference between
enrolling or not. But as we increase that type of financial aid, we
need to very seriously review the consequences of that action. That's
why this amendment calls on the Government Accountability Office to
determine how the increase in borrowing limits impacts tuition.
I thank Representative Castle along with Representative Welch for
their leadership on this issue. It's a good amendment. It improves the
bill. I urge a ``yes'' vote.
Mr. CASTLE. I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentleman from Delaware (Mr. Castle).
The amendment was agreed to.
Part B Amendment No. 4 Offered by Ms. Castor
The Acting CHAIRMAN. It is now in order to consider amendment No. 4
printed in part B of House Report 110-590.
Ms. CASTOR. Madam Chairman, I offer an amendment.
The Acting CHAIRMAN. The Clerk will designate the amendment.
The text of the amendment is as follows:
Part B amendment No. 4 offered by Ms. Castor:
In section 428B(a)(3)(B) of the Higher Education Act of
1965, as amended by section 4 of the bill, insert ``or on
medical bill payments'' after ``home mortgage payments''.
The Acting CHAIRMAN. Pursuant to House Resolution 1107, the
gentlewoman from Florida (Ms. Castor) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. CASTOR. Madam Chairman, this amendment ensures that hardworking
families who are feeling the strain of skyrocketing health care costs
can still afford to send their children to college. The amendment
applies to the Federal parent PLUS loans. PLUS loans are the non-need-
based, federally guaranteed, low-interest loans available to parents
for their children's undergraduate tuition, room and board and other
expenses.
Our neighbors are really getting squeezed these days. They are socked
with the rising cost of housing and health care. And many families are
very concerned that a college education may be out of reach for their
children due to these rising costs.
This amendment allows parents to continue to access low-interest PLUS
loans even if they have fallen behind on medical bills only up to 180
days. This extenuating circumstance exemption is identical to the one
already provided in the bill for mortgage payment delinquencies.
Housing and health care are the primary sources of financial hardship
for families. Late mortgage payments and uncollected copayments for
doctors' visits are among the primary reasons for bad debt. But these
short-term and temporary extenuating circumstances should not bar
parents from assisting their children with attending college.
By adding this amendment to section 4, special rules for PLUS loans,
we ensure that hardworking families feeling the strain in this economy
of skyrocketing health care costs can still afford to send their
children to college.
I would like to thank Chairman Miller, Ranking Member McKeon, all of
the members on the Education and Labor Committee and the professional
staff for their work.
Mr. GEORGE MILLER of California. Will the gentlewoman yield?
Ms. CASTOR. I yield to the gentleman from California.
Mr. GEORGE MILLER of California. I just want to thank the gentlewoman
from Florida for introducing this amendment. She had talked to me about
this early on, and it was an oversight. But she has raised the issue
that for families that have engaged in serious medical encounters, the
question of what the real bill is becomes a matter of serious
negotiations that can take over a period of time.
You get your bill. It says you owe $65,000. And then it says, but the
real cost was $45,000, and somebody will pay $20,000, and you owe
whatever is in between. And then you find out that is really not true,
that was the initial billing, and you back over a period of months.
Those negotiations, because of an unexpected serious medical encounter
within a family, should not bar, in these times, those individuals from
being able to access student loans. It doesn't mean they've lost their
incomes. It doesn't mean any of that at that point.
I think it is a very important addition to this legislation as we are
trying to weave together a support system for families that must rely
on loans for the education of their children.
I want to thank you very much for offering this amendment.
Ms. CASTOR. Madam Chairman, I reserve the balance of my time.
Mr. McKEON. I claim the time in opposition, although I am not
opposed, Madam Chairman.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized 5 minutes.
There was no objection.
Mr. McKEON. I rise in support of the gentlelady's amendment, and I
yield myself such time as I may consume.
The purpose of this bill is to address the unique challenges facing
students and families in this time of economic uncertainty. That is why
the bill takes steps to ensure parents are not automatically denied a
PLUS loan simply because they're struggling with the same mortgage
troubles facing so many other families in the country.
This amendment is consistent with the spirit of our bill because it
recognizes that families also may be grappling with medical bills. And
as the chairman explained, sometimes you are hit with a bill, and that
shows up as a liability which would put you out of reach of getting
another loan, and, in fact, you may not have that liability. And until
that is clarified, you are held in abeyance. And students can't wait.
So this is a very important amendment that the gentlelady has
presented. I thank Representative Castor for her amendment. It makes
the bill better.
I yield back the balance of my time.
Ms. CASTOR. I would like to thank, again, the gentlemen from
California for their work on this legislation and their work on behalf
of students and parents across this country.
I urge adoption of the amendment.
I yield back the balance of my time.
The Acting CHAIRMAN. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Castor).
The amendment was agreed to.
Mr. GEORGE MILLER of California. Madam Chairman, I move that the
committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Ms.
Castor) having assumed the chair, Mrs. Tauscher, Acting Chairman of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5715) to
ensure continued availability of access to the Federal student loan
program for students and families, had come to no resolution thereon.
____________________
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.
[[Page 6294]]
Accordingly (at 11 o'clock and 46 minutes a.m.), the House stood in
recess subject to the call of the Chair.
____________________
{time} 1321
AFTER RECESS
The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Crowley) at 1 o'clock and 21 minutes p.m.
____________________
ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT OF 2008
The SPEAKER pro tempore. Pursuant to House Resolution 1107 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5715.
{time} 1322
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5715) to ensure continued availability of access to the
Federal student loan program for students and families, with Mr.
Blumenauer (Acting Chairman) in the chair.
The Clerk read the title of the bill.
The Acting CHAIRMAN. When the Committee of the Whole rose earlier
today, amendment No. 4 printed in part B of House Report 110-590
offered by the gentlewoman from Florida (Ms. Castor) had been disposed
of.
Amendment No. 1 Offered by Mr. George Miller of California.
The Acting CHAIRMAN. The unfinished business is the demand for a
recorded vote on the amendment offered by the gentleman from California
(Mr. George Miller) on which further proceedings were postponed and on
which the ayes prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The Acting CHAIRMAN. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 413,
noes 0, not voting 23, as follows:
[Roll No. 203]
AYES--413
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrett (SC)
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Bordallo
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Brady (TX)
Braley (IA)
Broun (GA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Campbell (CA)
Cannon
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chabot
Chandler
Christensen
Clarke
Clay
Cleaver
Clyburn
Coble
Cohen
Conaway
Conyers
Cooper
Costa
Costello
Courtney
Cramer
Crenshaw
Crowley
Cubin
Cuellar
Culberson
Cummings
Davis (AL)
Davis (CA)
Davis (IL)
Davis (KY)
Davis, David
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
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
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
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Johnson, Sam
Jones (NC)
Jones (OH)
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.
Maloney (NY)
Manzullo
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 (FL)
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
Norton
Nunes
Oberstar
Obey
Olver
Ortiz
Pascrell
Pastor
Paul
Payne
Pearce
Pence
Perlmutter
Peterson (MN)
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
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
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
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 (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (FL)
NOT VOTING--23
Berkley
Bishop (GA)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Cole (OK)
Faleomavaega
Fortuno
Hulshof
Lynch
Mack
Mahoney (FL)
Marchant
Markey
Pallone
Peterson (PA)
Rush
Scott (GA)
Shadegg
Towns
Wilson (NM)
Wynn
Young (AK)
Announcement by the Acting Chairman
The Acting CHAIRMAN. There are 2 minutes left in this vote.
{time} 1345
Messrs. LINDER, GINGREY and TANCREDO changed their vote from ``no''
to ``aye.''
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Stated for:
Mr. COLE. Madam Chairman, on Thursday, April 17, 2008, I missed the
first vote in a series of two votes. I missed rollcall vote No. 203.
Had I been present and voting, I would have voted as follows:
Rollcall vote No. 203: ``aye'' (On agreeing to the Miller, George
amendment to H.R. 5715).
The Acting CHAIRMAN. There being no further amendments, under the
rule, the Committee rises.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Weiner) having assumed the chair, Mr. Blumenauer, Acting Chairman of
the Committee of the Whole House on the state of the Union, reported
that that Committee, having had under consideration the bill (H.R.
5715) to ensure continued availability of access to the Federal student
loan program for students and families, pursuant to House Resolution
1107, he reported the bill, as amended by that resolution, back to the
House with sundry further amendments adopted by the Committee of the
Whole.
The SPEAKER pro tempore. Under the rule, the previous question is
ordered.
Is a separate vote demanded on any further amendment reported from
the
[[Page 6295]]
Committee of the Whole? If not, the Chair will put them en gros.
The amendments were agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GEORGE MILLER of California. Mr. 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 383,
nays 27, not voting 21, as follows:
[Roll No. 204]
YEAS--383
Abercrombie
Ackerman
Aderholt
Alexander
Allen
Altmire
Andrews
Arcuri
Baca
Bachmann
Bachus
Baird
Baldwin
Barrow
Bartlett (MD)
Barton (TX)
Bean
Becerra
Berman
Berry
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd (FL)
Boyda (KS)
Brady (PA)
Braley (IA)
Brown (SC)
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp (MI)
Cantor
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson
Carter
Castle
Castor
Chabot
Chandler
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, David
Davis, Lincoln
Davis, Tom
DeFazio
DeGette
Delahunt
DeLauro
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Dicks
Dingell
Doggett
Donnelly
Doolittle
Doyle
Drake
Dreier
Edwards
Ehlers
Ellison
Ellsworth
Emanuel
Emerson
Engel
English (PA)
Eshoo
Etheridge
Everett
Fallin
Farr
Fattah
Feeney
Ferguson
Filner
Forbes
Fortenberry
Fossella
Foster
Frank (MA)
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
Herseth Sandlin
Higgins
Hill
Hinchey
Hinojosa
Hirono
Hobson
Hodes
Hoekstra
Holden
Holt
Honda
Hooley
Hoyer
Hunter
Inglis (SC)
Inslee
Israel
Issa
Jackson (IL)
Jackson-Lee (TX)
Jefferson
Johnson (GA)
Johnson (IL)
Johnson, E. B.
Jones (NC)
Jones (OH)
Kagen
Kanjorski
Kaptur
Keller
Kennedy
Kildee
Kilpatrick
Kind
King (NY)
Kirk
Klein (FL)
Kline (MN)
Knollenberg
Kucinich
Kuhl (NY)
LaHood
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
Maloney (NY)
Manzullo
Matheson
Matsui
McCarthy (CA)
McCarthy (NY)
McCaul (TX)
McCollum (MN)
McCotter
McCrery
McDermott
McGovern
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
Pascrell
Pastor
Payne
Pearce
Perlmutter
Peterson (MN)
Petri
Pickering
Pitts
Platts
Pomeroy
Porter
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
Ryan (OH)
Ryan (WI)
Salazar
Sali
Sanchez, Linda T.
Sanchez, Loretta
Sarbanes
Saxton
Schakowsky
Schiff
Schmidt
Schwartz
Scott (GA)
Scott (VA)
Sensenbrenner
Serrano
Sessions
Sestak
Shays
Shea-Porter
Sherman
Shimkus
Shuler
Shuster
Simpson
Sires
Skelton
Slaughter
Smith (NE)
Smith (NJ)
Smith (TX)
Smith (WA)
Snyder
Solis
Souder
Space
Speier
Stark
Stearns
Stupak
Sullivan
Sutton
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
Wexler
Whitfield (KY)
Wilson (OH)
Wilson (SC)
Wittman (VA)
Wolf
Woolsey
Wu
Yarmuth
Young (FL)
NAYS--27
Akin
Barrett (SC)
Brady (TX)
Campbell (CA)
Cannon
Cubin
Deal (GA)
Duncan
Flake
Foxx
Franks (AZ)
Gingrey
Hensarling
Herger
Johnson, Sam
Jordan
King (IA)
Kingston
Lamborn
McHenry
Miller (FL)
Paul
Pence
Poe
Price (GA)
Tancredo
Westmoreland
NOT VOTING--21
Berkley
Bishop (GA)
Broun (GA)
Brown, Corrine
Brown-Waite, Ginny
Butterfield
Hulshof
Mack
Mahoney (FL)
Marchant
Markey
Marshall
McHugh
Pallone
Peterson (PA)
Rush
Shadegg
Spratt
Wilson (NM)
Wynn
Young (AK)
{time} 1409
Mr. AKIN changed his vote from ``yea'' to ``nay.''
So the bill was passed.
The result of the vote was announced as above recorded.
A motion to reconsider was laid on the table.
Stated for:
Mr. McHUGH. Madam Speaker, I was unavoidably detained and missed
rollcall No. 204. At this time, I wish to note that had I been present,
I would have voted ``yea.''
Stated against:
Mr. BROUN of Georgia. Madam Speaker, on rollcall No. 204, I was
unavoidably detained. Had I been present, I would have voted ``nay.''
Personal Explanation
Mr. MAHONEY of Florida. Madam Speaker, on April 17, 2008, I missed
votes.
Listed below are the votes I missed and how I would have voted had I
been present.
Miller of California Amendment to H.R. 5715, rollcall No. 203, I
would have voted ``aye.''
Final Passage of H.R. 5715, rollcall No. 204, the Ensuring Continued
Access to Student Loans Act of 2008, I would have voted ``yea.''
Mr. GEORGE MILLER of California. Madam Speaker, I ask unanimous
consent that, in the engrossment of the bill H.R. 5715, the Clerk be
authorized to correct the table of contents, section numbers,
punctuation, citations, and cross references and to make such other
technical and conforming changes as may be appropriate to reflect the
actions of the House.
The SPEAKER pro tempore (Ms. Tsongas). Is there objection to the
request of the gentleman from California?
Mr. ROHRABACHER. Reserving my right to object, I am just not fully
aware of this. I understand that a very important vote that was taken
yesterday has been negated and that there is some objection to
correcting the situation, which was a clerical error, apparently, by
unanimous consent on our side.
I am just wondering where that stands in comparison to the unanimous
consent objections that were being expected of us today.
Mr. GEORGE MILLER of California. Madam Speaker, I withdraw my
unanimous consent request.
The SPEAKER pro tempore. The request is withdrawn.
____________________
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. 5813. An act to amend Public Law 110-196 to provide
for a temporary extension of programs authorized by the Farm
Security and Rural Investment Act of 2002 beyond April 18,
2008.
____________________
ON THE PASSING OF LOU COSTANTINO
(Mr. HOYER asked and was given permission to address the House for 1
minute.)
[[Page 6296]]
Mr. HOYER. Madam Speaker, ladies and gentlemen of the House, we have
some extraordinary people who work for us. At times this is a very
stressful job. They remain even-tempered. They remain gentle and kind
and good humored. We have lost one of those just recently. Maybe you
did not know his name, but you saw him, usually through the center
door, or sometimes other doors. His name was Lou Costantino.
As a member of the House security team for over 28 years, Lou
Costantino has been a fixture at the House Chamber's front door and was
beloved by Members and staff who were greeted by him every day. I never
failed to come through that door that he did not have a kind and gentle
world.
He was a ``purveyor of pork,'' if you will. He loved sausage, and he
allowed some of us to share in that sausage.
I am very sad to report to all of you that Lou died of a heart attack
last Saturday. He was young, 71 years of age. Many of you will remember
Lou for the homemade sausage he made for his friends and colleagues
every day.
We will miss Lou. He made this institution a better place.
Moment of Silence
I would ask you therefore to join me in a moment of silence in
remembrance of a part of this institution who will be sorely missed,
Lou Costantino.
____________________
LEGISLATIVE PROGRAM
(Mr. BLUNT asked and was given permission to address the House for 1
minute.)
Mr. BLUNT. Madam Speaker, before I yield to my friend from Maryland,
I would like to join him in his comments regarding Lou Costantino, who
served us well and ably for a long time.
Lou Costantino was always proud of his job, he was proud of his
family and proud of our country. To his wife, Doris; his daughter,
Edie; and to his son, Louis, Jr., who we got relatively regular reports
on, I am sure that the sympathy of the House goes out to them.
Madam Speaker, I yield to my friend from Maryland, the majority
leader, for information about next week's schedule.
Mr. HOYER. I thank the gentleman for yielding, and I thank him for
his words about Lou Costantino. All of us will miss Lou. He was a
wonderful, good, human being who loved this institution and showed
great affection to all of our Members.
On Monday, the House is not in session. On Tuesday, the House will
meet at 12:30 p.m. for morning hour and 2 p.m. for legislative
business. On Wednesday and Thursday, the House will meet at 10 a.m. for
legislative business. On Friday, no votes are expected in the House.
We will consider several bills under suspension of the rules,
including an important bill from the Oversight and Government Reform
Committee, H.R. 5712, Close the Contractor Fraud Loophole Act. A final
list of suspension bills will be announced by the close of business
tomorrow.
In addition, Mr. Whip, we will consider H.R. 5819, a bill to improve
the Small Business Innovation Research Program and the Small Business
Technology Transfer Program, and H.R. 2830, the Coast Guard
authorization bill.
Mr. BLUNT. I thank the gentleman for that.
I have a couple of inquiries about other legislation. The 1974 Budget
Act set a budget deadline of April 15. I am well aware that the
Congress has seldom met that deadline, I think maybe four times. The
latest three were in 1999, 2001 and 2003. But with that deadline in
mind, I wonder if the gentleman has any sense when a budget might be on
the floor.
I would yield.
{time} 1415
Mr. HOYER. I thank the gentleman for yielding.
My hope is sooner rather than later. However, as the gentleman knows,
we are having, as is so often the case, difficulty reaching agreement
with the Senate, mainly because the chairman of the Senate Budget
Committee has a very close vote structure there, as you know, and so he
is trying to figure out the votes in the Senate on a budget.
As is too often the case, one of the issues is whether we pay for
things that we are doing. The House feels strongly about that issue,
and I think the chairman of the Budget Committee in the Senate feels
strongly about that issue, but he is not sure that he can get the
votes. That is the discussion. There is some discrepancy, not much,
between the figures, and we are hopeful that we can get a budget
conference committee done. As soon as a conference committee is done,
we will report it to the floor. If that is next week, it will be on the
floor next week.
I am in regular communication with Mr. Spratt, the chairman of the
Budget Committee, and he is working at it.
Mr. BLUNT. I thank the gentleman for that information. Of course it
is a challenge, but it is a challenge that we need to meet in some way
usually before we can move with the appropriations process. But on
appropriations on the supplemental, there were conflicting reports this
week that there might be a supplemental for Afghanistan and another
supplemental for Iraq, and then there were reports that no, the
committee would report out one supplemental bill. I am wondering if the
gentleman knows whether there will be one or two bills, and are we
still anticipating a markup of that bill next week and then floor
action following next week?
I yield.
Mr. HOYER. I thank the gentleman for yielding.
I still anticipate that. With reference to the gentleman's question
regarding the number of bills, based upon the comments of Mr. Murtha, I
have not talked to him personally but that have been reported, it is my
understanding that he is thinking of one bill, not both an Afghanistan
and an Iraq.
The problem is while there is, I think, pretty universal support for
the effort in Afghanistan as being critical to our fight on terrorism,
there is more disagreement on the Iraq component and what we ought to
be doing there. But the way the budget is structured, it would be very
difficult to consider them discretely, Afghanistan and Iraq. So it is
my understanding that Mr. Murtha has recommended and intends to pursue
it as one bill.
Mr. BLUNT. I thank the gentleman for that. That bill needs to be out
of the way, along with the budget, before we can get on with the other
appropriating process. And thinking about that appropriations calendar,
I know that the majority leader was quoted last week as saying that it
is likely we won't have a lame duck session, a post-election session
this year. I wonder if you can comment on that a little more. I know
privately we have discussed this, but I saw you in print suggesting
that we might not be back after the election. I am wondering what your
thoughts are on that.
Mr. HOYER. Those are my thoughts; my thoughts and my hope. I think
that lame duck sessions, in my experience, have not been particularly
productive, particularly when you are going to have a change of
administration. Whether it is Senator McCain, Senator Clinton or
Senator Obama, we are going to have a change of administration. I
expressed it as a hope, and we are going to work toward not having a
lame duck session.
Let me go back and answer your question. I think we had a week delay
on the supplemental, and I think the week of May 5 is the week we are
looking at for the supplemental. As you know, I said the last week in
April, the first week in May. That is the first full week in May, so I
guess I am still accurate. We are on for that week hopefully on the
supplemental, which will be timely in accomplishing the objective of
getting dollars in time before the depletion of the funds that have
already been appropriated.
With respect to the appropriations process, obviously I will be
discussing with Mr. Obey and with Mr. Spratt, if we fail to pass a
budget, we have to give the Appropriations Committee a figure to mark
to. My thought would be that we will do as we have done in years past,
deem that the House budget will be the numbers to which they will mark.
But we have not made that decision at this point in time.
[[Page 6297]]
Mr. BLUNT. I thank the gentleman for that.
On the idea on a congressional year that will end before the
election, I know last week we voted in an unusual way to put off the
vote on the Colombia trade agreement, and I suppose that could mean to
put it off indefinitely. Without a lame duck session, and that is one
of the times when it was thought that we might get back to those trade
bills. I'm not aware of any real discussion that has gone on this week
on this Colombia agreement. I hope we are continuing to look for a way
to get that important bill done.
I yield to my friend.
Mr. HOYER. I thank the gentleman for yielding.
The Speaker has focused on, as I think she has been quoted in the
press as saying, we are still looking at TAA and discussing that with
the administration. TAA, trade adjustment assistance, we think that is
very important. There have been some positive discussions and
indications from the administration. In addition, I know the Speaker
has been discussing additional items with the leadership in the House
and with Mr. Reid, and I think as well with the White House. So I think
discussions are ongoing. The Speaker has made it very clear that the
action taken from her perception, certainly from my perception, was not
the death knell of Colombia. I know that some have interpreted it that
way, but I don't think that the Speaker or I interpreted it that way.
Mr. BLUNT. I hope we are continuing that.
Also, we are now entering the third month since the expiration of the
Protect America Act. I know you and I were in a meeting a week or 10
days ago on this, and I still don't see any scheduled discussion of
legislation on the floor that brings us back to that whole issue of
foreign intelligence surveillance, and I hope we are moving toward a
conclusion of that important issue.
I would yield.
Mr. HOYER. As you know because we have had an opportunity to discuss
it, I have essentially been coordinating this issue on our side with
Mr. Reyes and Mr. Conyers, and also working with Mr. Rockefeller. And
you and I had a meeting with Senator Bond, the ranking member on the
Republican side.
I am hopeful that we can have a proposition passed through the House
and hopefully by the Senate by the Memorial Day break. That is my time
frame. I am working toward that. I have meetings tomorrow with respect
to the Foreign Intelligence Surveillance Act. I am going to have
meetings this afternoon, and I had meetings yesterday. I am giving it a
lot of attention, with others as well. As you know, we met briefly. I
would reiterate to you that when I have some better fix on where I
think the Senate is willing to go or where we are willing to go and
where we can reach agreement, I want to discuss it with you because I
am hopeful that we can work together to try to make that happen.
Mr. BLUNT. I thank the gentleman. I think every day matters in this
regard, and certainly going home for another work period at home
without a conclusion here would be the wrong thing for us to do. I hope
we can meet your goal and hopefully meet it earlier than the last day
or two that we are here before the Memorial Day break.
Mr. HOYER. If the gentleman would yield, I share that hope. Again, I
share the conviction, which I have expressed on numerous occasions,
that the law that currently exists to my understanding, and when I say
currently exists, and the authorizations that were given under the
Protect America Act, are in place and in fact are continuing to provide
opportunities to intercept those communications that the administration
and the intelligence community feel are necessary to focus on. Having
said that, we are trying, I'm trying to move ahead as quickly as we can
come to agreement.
Mr. BLUNT. I want to say in response that I am not quite as
confident, and maybe you're not confident either, that law doesn't meet
all of the circumstances that occur. And even if it does, that law
reaches an anniversary of those particular orders August 1. Again,
coming back after Memorial Day, we are suddenly under a situation where
even those things that we currently believe are covered, we will begin
to have a problem in them expiring. And certainly the things that are
not covered, there is no easy way in my view, which may be different
than yours, there is no easy way to begin to listen to a new set of
conversations that we just determined need to be listened to. That is
what that whole debate is about. We don't need to have that debate
here. But I have pledged to do everything that I can to bring this to a
conclusion.
Mr. HOYER. If the gentleman would yield, I want to thank the
gentleman because I believe he is absolutely sincere in that effort. He
and I have had an opportunity to have discussions. We are going to
continue those over the coming days, and hopefully we can get this done
sooner rather than later. The chairman of the Judiciary Committee and
the chairman of the Intelligence Committee have both expressed that
objective.
Mr. BLUNT. I thank the gentleman.
____________________
HOUR OF MEETING ON TOMORROW
Mr. HOYER. Madam Speaker, I ask unanimous consent that when the House
adjourns today, it adjourn to meet at 9 a.m. tomorrow.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Maryland?
There was no objection.
____________________
HOUSING CRISIS
(Mr. HALL of New York asked and was given permission to address the
House for 1 minute and to revise and extend his remarks.)
Mr. HALL of New York. Madam Speaker, we are in a housing crisis in
the United States, yet the Bush administration seems determined to
ignore it.
Losing your home has a deep economic and emotional impact that can
last for years. When the mortgage crisis broadens as wide as it has,
entire communities, not just individuals, face dire consequences for
the future.
In the Hudson Valley of New York, we have been especially hard hit.
Over the last 3 months, foreclosures in Westchester County were up
almost 40 percent from last year, and they've more than tripled since
2005. Putnam County, also in my district, has the single highest
foreclosure rate of any county in New York State.
This crisis demands bold action. This Congress has already expanded
the Federal loan limits to make Federal protections available to more
home buyers, now we need to extend these Federal guarantees to more
homeowners in need. This Congress will not only protect institutions
like Bear Stearns, but will also protect American families who remain
at great risk.
____________________
{time} 1430
WELCOMING POPE BENEDICT XVI
(Mr. GINGREY asked and was given permission to address the House for
1 minute and to revise and extend his remarks.)
Mr. GINGREY. Madam Speaker, I rise today to welcome Pope Benedict XVI
to our Nation's Capital as part of his official papal visit to the
United States. During this 6-day trip to Washington, D.C. and New York
City, the Holy Father, who serves as a wondrous example of faith and
leadership, will help Catholics and all Christians renew their faith by
delivering mass to tens of thousands of people.
I was honored to have the opportunity to attend mass with the Holy
Father at the new Nationals Stadium here in D.C. this morning. And,
Madam Speaker, it was truly a blessed event.
Despite his relatively short tenure, Pope Benedict XVI has emerged as
a vocal and effective leader for Catholics throughout the world. Over
the past 3 years, His Holiness has stressed the need for a return to
fundamental Christian values in response to what many see as the
world's sloping trend toward secularism.
[[Page 6298]]
As Pope, he has focused on the importance and sanctity of human life,
especially the life of the unborn, an issue that's very important to
me, both as a member of the Catholic Church and as a Member of
Congress. But every American, regardless of party affiliation or
religious belief can find hope in his message of freedom and justice
for all people.
Madam Speaker, as a member of St. Joseph's Catholic Church in
Marietta, Georgia, I humbly welcome Pope Benedict XVI to the United
States as he continues to spread his message of faith, love and service
in Christ.
____________________
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.
____________________
THE BUSH ADMINISTRATION'S MIDDLE EAST POLICIES
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from California (Ms. Woolsey) is recognized for 5 minutes.
Ms. WOOLSEY. Madam Speaker, I rise to bring to the House's attention
a potentially, very dangerous new turn in the administration's policies
in the Middle East. In recent weeks the administration has been
stirring up the pot on Iran again, and that has caused many Americans
to worry that the administration is getting ready to launch another
attack in the region, this time in Tehran.
In fact, there's more than enough evidence to show that the
administration may be laying the groundwork for military action. In an
interview last month, the President said that the Iranians, and I quote
him, he said, ``the Iranians have declared they want to have a nuclear
weapon to destroy people.''
That would be troubling, Madam Speaker, if it were true. But the
Iranians haven't said anything of the kind. It is shocking to me that
our Commander-in-Chief would make unsubstantiated and misleading
statements about a subject as important and as serious as nuclear
weapons.
Another troubling sign came last month when Admiral William Fallon
retired. Admiral Fallon was a bulwark against the Iran hawks in the
administration, and his departure raised fears that he was, first,
forced to retire, and that next, the rush to war was on.
And several weeks ago, Vice President Cheney said that he has ``high
confidence'' that the Iranians have an ongoing nuclear enrichment
program. Of course, the most recent national intelligence estimate
reported that the Iranians stopped working on a suspected nuclear
weapons program 4 years ago.
And finally, General Petraeus told Congress last week that Iranian-
backed special groups now pose the greatest long-term threat in Iraq.
For years, the administration told us that the main enemy was al
Qaeda or Sunni insurgents, or Shiite militia. Now they tell us, forget
them; it's Iran. In my mind, this raises legitimate concerns that the
administration may be inventing new excuses to stay in Iraq by trying
to convince the American people to support war against Iran.
Madam Speaker, I too am concerned about Iran. The Iranians should
stay out of Iraq. They should not develop nuclear weapons. No country
should develop nuclear weapons. But if we want Iran to behave well, we
must stop threatening to attack them. Instead, our first line of
defense must be engagement and aggressive diplomacy.
The absolutely essential first step in that process must be the
redeployment of our troops out of Iraq. How can we expect Iraq's
neighbors to cooperate in stabilizing the region while we insist on an
open-ended foreign occupation with 140,000 troops and tens of thousands
of military contractors?
Ending the occupation will allow us to launch a broad initiative to
bring the nations in the region to the table, to address the relevant,
the political, the economic and the security issues.
And Madam Speaker, when it comes to Iran's nuclear challenge, we must
retake the high moral ground in the United States of America. When we
turn our backs on nuclear nonproliferation, abandon the comprehensive
test ban treaty and develop new nuclear weapons of our own, under what
circumstances can we tell another nation to abandon their nuclear
dreams?
The American people do not want a wider conflict in the Middle East.
They want our leaders to spend every waking moment working to bring
peace to the region. This is not the time for heated rhetoric, for
bullying and new threats. It is time to try the one thing we haven't
tried, diplomacy.
____________________
SERGEANT SHAUN PAUL TOUSHA: HULL, TEXAS HERO
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Texas (Mr. Poe) is recognized for 5 minutes.
Mr. POE. Madam Speaker, today the small town of Hull Texas,
population 1,800, is mourning the loss of a native son who grew up to
be a mighty warrior for the United States Army. He gave up everything
he had to protect everyone else's freedom.
Army Sergeant Shaun Paul Tousha was killed in Baghdad, Iraq on April
9, 2008 when an improvised explosive device detonated near his vehicle.
Madam Speaker, the IED is the way our cowardly enemy fights this war.
And in my Congressional district area, Shaun Paul is the 26th area
resident that has been killed in Iraq or Afghanistan during these wars.
He was a man from small town Texas who had a playful heart, and he
made a big impression on everybody that knew him growing up. He died as
a war hero at the age of 30, and he will forever be recognized as how
he lived, that being a loving husband, a caring father and a great
friend to all those people in rural America.
Shaun Paul Tousha was born February 11, 1978 in Silsbee, Texas. He
grew up in the town of Hull, Texas, and he was the son of the late
Tommy Gene and Roberta Tousha. He was a husband to Christy Tousha, and
loving father of the two children, Colton and Maycee.
As a teenager, Shaun played football, like most Texas rural boys do.
He played at Hull-Daisetta High School. And he also liked to ride
horses. And being a cowboy, he enjoyed bull riding.
His stepmother, Doris Tousha, was very proud of Shaun. She described
him as outgoing and an individual who had a lot of friends. He was
always cutting up, acting silly, and made friends easily. He liked to
joke around, and his personality drew people toward him. She said that
he may have been a handful growing up, but she was proud of the way he
turned out.
And after graduating from Hull-Daisetta High School in May of 1996,
Shaun got a job at a wire company in Dayton, Texas. He worked there for
several years before he heard his Nation's call and joined the United
States Army at the age of 22 in February of 2000.
His father, Tommy Gene Tousha, was extremely proud of his son's
decision to serve in the Army, and even went with him to the local
recruiting station when he joined up.
Madam Speaker, General Patton once said ``we should live for
something, rather than to die for nothing.'' Shaun sought to live his
life in duty to this country.
Shaun attended basic training in Ft. Benning, Georgia and later was
stationed at Ft. Hood, Texas. He was assigned as a Generator Equipment
Repairman in the 1st Battalion, 66th Armored Regiment, 4th Infantry
Division, in Ft. Hood, Texas.
General Patton reminded us that ``wars may be fought with weapons but
they are won by men.'' Shaun was a skillful soldier, and he and his
comrades in arms are the ones with the boots on the ground that are
winning this war. Shaun realized this, and during his first tour of
duty in Iraq he decided to re-enlist in the United States Army and make
the military his career. He served three tours of duty in Iraq.
When Shaun's father died in 2002, he helped his stepmother, Doris,
through many difficult times. He took care of his family back home in
America.
[[Page 6299]]
Doris said that she was impressed at Shaun's emotional strength
during that painful ordeal of the family father's death. Doris said
that she was proud that the Army really helped him become a mature
individual.
George Washington once said that ``discipline is the soul of the
Army.'' And with Shaun's character, background and career in the Army,
Shaun was able to overcome even the most trying circumstances because
of that discipline.
One of Shaun's best friends, Johnny Fregia, described him as a ``good
ol' boy that died for his country.'' They became friends when they
worked together in Dayton, Texas. Shaun was Johnny's helper, and he
kept work interesting for Johnny with his humor, ever-present smile and
his constant good mood. They enjoyed even shooting pool after work, and
Johnny said that Shaun was pretty good at it.
Johnny described the high caliber of character and love for their
country that his friend Shaun had and the rest of our military men and
women possess.
Johnny went ahead and said, ``freedom ain't free. And sometimes we
take it for granted. There's a price to pay, and those guys like Shaun
are willing to pay for it. They are willing to lose everything they've
got to keep this country free.''
Madam Speaker, this is a recent photograph of Shaun Paul Tousha right
before he died. Shaun Tousha paid the ultimate price with his life, the
price for freedom in our country.
Aristotle once wrote that ``we make war so that we may live in
peace.'' Shaun served in order that we may have freedom and have real
peace in this country.
Americans, even in this chamber, cry peace, peace. But Madam Speaker,
there can be no peace as long as there are people who are trying to
kill Americans somewhere in the world. And Shaun Paul tried to protect
us from that threat.
He had a heart as big as Texas, and we are proud of Sergeant Shaun
Tousha. The light of his life has been extinguished, buy Shaun's joyful
spirit will burn bright forever in the hearts and minds of his friends,
his fellow soldiers, and the Texans that loved him.
And that's just the way it is.
____________________
{time} 1445
HONORING THE LIFE OF LOU COSTANTINO
The SPEAKER pro tempore. Under a previous order of the House, the
gentlewoman from Texas (Ms. Jackson-Lee) is recognized for 5 minutes.
Ms. JACKSON-LEE of Texas. I thank you, Madam Speaker, and I thank you
for your leadership.
As I begin my special order this afternoon, I want to pay tribute to
two great Americans. One is a friend to us all. We know him well as Lou
Costantino. We thank him so very much, and we really know him as Lou.
We thank him for his friendship. We thank him for his warmth. We thank
him for taking care of this place, this House.
Lou, you see, was one of the distinguished men and women who stand
outside of the House Chamber, works with the Sergeant of Arms, is in
conjunction with the Clerk's Office. But really, Lou is part of our
family.
He attended and was concerned about all of our guests that would
come. He was concerned about the Members. He was equally concerned and
passionate about America.
I consider him a great patriot, a great American. He loved this work
because he was serving America.
Lou lost his battle just this past weekend, but we are reminded that
Lou was with us last week. How truly valiant Lou is in life and in
death, and I stand here today to offer my deepest sympathy to his wife,
Doris; his daughter, Edie; his son, Lewis, Jr.; and to all of his
family members. May he rest in peace and may God bless him.
I also take note to acknowledge the happy celebration of the birthday
of Maya Angelou, poet laureate, teacher, mentor, resident of Winston-
Salem, North Carolina, the author of the 1993 inaugural poem that
suggested that those of us who live in the great land must come from
underneath the rocks and shout out and be seen for justice. She also
wrote the language or the words to a book, ``I Know Why the Caged Bird
Sings,'' to talk about what it's like to be isolated, to be contained,
to be inhibited as a child growing up in the deep south.
Maya Angelou can be considered a great American, certainly a great
poet, certainly a great mentor of men and women, college students, as
she taught me at Yale University. I am honored today to be able to say
``thank you'' to Maya Angelou.
I now move, Madam Speaker, to something that has been continuing in
this Nation, and very quickly I call upon the Secretary of State and
the United States of America to reengage more actively in the
negotiations between the Israelis and the Palestinians. I now believe
fully that the only way that we will have success in recognizing and
achieving peace in the Middle East is not through preemptive attacks,
but through concern, negotiation, and firmness.
We must tell the negotiators what America wants to see and provide
them the support. We must insist that we will continue to be a friend
of Israel, we will never step away from her, and we stand by Israel's
right to exist as a freedom-loving democratic people.
Let's say to the Palestinians if they are to move their people beyond
the refugee camps, then they, too, must fight for democracy and two
distinct separate states. The two-state theory must be put in action,
but we can no longer stand by as an objective bystander. We must be
engaged, we must roll up our sleeves, we must recognize that we are
very much a part of the peace process in the Middle East.
I remember very well when the President came in and he said, That's
their business. My good friends on the other side of the aisle got up
and joined him, That's their business. It's our business.
And before the lights go out on this administration, it would do well
for us in the name of Prime Minister Sharon, who began this process, to
get engaged and to make sure that we can have peace in the Middle East,
to have an ally in Israel, safe and secure, and to say to the
Palestinian people that you can have good health, you can have housing,
you can have education.
I think, Madam Speaker, that this is a challenge that the Secretary
of State should accept; this is a challenge for the President to
accept. America can do no less.
I did not say ``battle.'' I said ``engage,'' and be able to be part
of the negotiation for peace. There is nothing wrong for being
considered a peace-loving Nation that promotes peace.
May God bless this Nation and bless our soldiers, wherever they may
be, as they stand on the front lines around the world asking us to
promote our ideals and our values, and that is peacemakers.
____________________
WHERE IS THE LEADERSHIP?
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Georgia (Mr. Price) is recognized for 5 minutes.
Mr. PRICE of Georgia. Madam Speaker, I note as I come to the well
here that it's now 2:49 p.m. on a Thursday afternoon, a time when
across this Nation the folks who worked the day shift are getting ready
to complete their work; the folks who are working the afternoon or
evening shift are getting ready to head off to work or on their way to
work; and the folks who work the midnight shift across the Nation are
probably just rubbing their eyes as they wake up and begin their day or
bedding down as they begin their rest before they get back at it again
this evening.
Where is the House of Representatives? Well, Madam Speaker, you look
around the House of Representatives and they've gone home. They've all
gone home. Now, why is that important? Well it's important, Madam
Speaker, because I think it demonstrates another day demonstrating the
crisis of leadership that we have in this House of Representatives.
Madam Speaker, I come to the well today at this time to document that
we
[[Page 6300]]
are now 62 days into a unilateral disarmament of the United States of
America as it relates to folks who want to do us harm all across this
world, 62 days in which we have not had in place the Protect America
Act, 62 days in which we have not had in place the appropriate rules
and protections for communication companies to allow our United States
Government to listen and intercept electronic communication between a
foreign individual in a foreign land who wishes to do America harm and
another foreign individual in a foreign land who wishes to do us harm.
Did you get that, Madam Speaker? Non-U.S. citizen, not on U.S. soil,
talking or communicating through electronic communication to another
non-U.S. citizen, not on U.S. soil, about how to injure Americans
either on the battlefield or here in our homeland.
It's called the Foreign Intelligence Surveillance Act. The bill was
the Protect America Act. Sixty-two days ago, the leadership in this
House of Representatives allowed that to expire. And why? For some
reason, they believed that lawyers ought to be able to represent that
foreign individual in a foreign land who want to do us harm with the
same protections that you and I enjoy as American citizens.
Madam Speaker, when I go home to the Sixth District of Georgia and I
tell people about this, they shake their head and say, what on earth is
going on? Where is the leadership? And I agree. Where is the
leadership?
Madam Speaker, there is a crisis of leadership in this House of
Representatives, whether it is on the Foreign Intelligence Surveillance
Act, or the Protect America Act, to allow our intelligence community
the tools that they need to keep us protected. Whether it's on not
doing anything positive about the price of gasoline all across this
Nation, the only thing this House has done, this leadership has done is
to increase the cost of domestic production of oil by increasing taxes.
And who pays those ultimately? You got it, Madam Speaker. Americans.
Whether it is allowing the free and fair trade agreement with
Colombia to not come to the floor, to change the rules so that it can't
come to the floor so that we kick in the teeth the only real friend
that we have in South America, one of the few friends we have in South
America, a democratically elected government; or whether it is, again,
not allowing our intelligence community to listen to a terrorist on
foreign soil, talking to another terrorist on foreign soil so that we
know what the bad guys are going to do before they do it.
Madam Speaker, that's a crisis of leadership.
____________________
REMARKING ON THE POPE'S VISIT AND ILLEGAL IMMIGRATION
The SPEAKER pro tempore. Under a previous order of the House, the
gentleman from Colorado (Mr. Tancredo) is recognized for 5 minutes.
Mr. TANCREDO. Madam Speaker, I rise today to also welcome Pope
Benedict XVI to the United States and to Washington, D.C., and
congratulate him for delivering an important message on the role that
faith plays in the lives of every believer.
Over the years, the Vatican has been a strong voice for religious
freedom, for human rights, and was an invaluable partner in defeating
Communism during the Cold War. The Catholic Church has long been a
source of charity and benevolence helping some of the world's most
vulnerable people in some of the world's most dangerous places.
However, as President Bush welcomes Benedict XVI to Washington this
week, Americans might be surprised to know that the Pope isn't here
just to minister to his flock. He's here to lobby for amnesty for
illegal aliens. According to news reports, the Pope met with President
Bush yesterday to add his voice to the open border lobby by encouraging
the President to give the 20 to 30 million illegal aliens in this
country a free pass to stay here.
Now, I'm not taking issue with the Pope's moral authority. I respect
his views on the threats of Islam, the sanctity of human life. But I
don't think it's in his job description to engage in American political
activities.
Worse yet, the Pope chided America, insinuating that immigrants are
subject to ``violence'' and prevented from leading ``dignified lives.''
Madam Speaker, I would like to know what part of our American lax
immigration policy is ``violent.'' I fail to see how accepting more
refugees than any other Nation while providing free health care, free
education, free housing and free social service benefits to millions of
illegal aliens in this country is in any way degrading to them or
undignified.
I would like to remind the Pope that America has long been dedicated
to the principle of the rule of law, and there is absolutely nothing
inhumane about American immigration statutes or the robust but
civilized enforcement of it.
But perhaps the Pontiff has made these comments with a motive more
broad than simply spreading the gospel. It's no secret that the
Catholic Church has been having difficulty maintaining its membership
levels and a growing number of religions are competing for
parishioners.
Indeed, the Wall Street Journal recently reported that the ``Catholic
Church has long been losing members and as much as a third of the
native-born Catholic population is diminished. Meanwhile it has gained
members among foreign-born (mostly Hispanic) residents.''
Madam Speaker, it's possible and unfortunate that the Pope's
immigration comments may have had as much to do with spreading the
gospel as it does recruiting new members to the Church.
I regret that the Pope used some of his time with the President to
engage in faith-based marketing trying to attract new parishioners
instead of preaching amnesty for illegal aliens to try and enlarge the
size of the global Catholic congregation. I would urge the Pope to
subscribe to the wisdom of one of his cardinals, Cardinal Biffi. A few
years ago, the cardinal told The Times of London, ``Countries can
choose to let in whoever they want. There is no such thing as a right
of invasion.''
Madam Speaker, the United States already has a legal immigration
system unparalleled in its generosity. In the meantime, we assist
illegal aliens, and those affected by them, by reimbursing hospitals
for costly illegal emergency room hospital visits, providing free
public education to illegal alien children. I would challenge the Pope
to name any other country on Earth that demonstrates this kind of
compassion on such a large scale.
I hope, Madam Speaker, that the American people will welcome the Pope
with open hearts and open arms but that they will reject his demand to
replace our efforts to achieve genuine border security with a faith-
based immigration system.
____________________
ADJOURNMENT FROM FRIDAY, APRIL 18, 2008, TO TUESDAY, APRIL 22, 2008
Ms. JACKSON-LEE of Texas. Madam Speaker, I ask unanimous consent that
when the House adjourns tomorrow, it adjourn to meet at 12:30 p.m. on
Tuesday, April 22, for morning-hour debate.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
____________________
DISPENSING WITH CALENDAR WEDNESDAY BUSINESS ON WEDNESDAY NEXT
Ms. JACKSON-LEE of Texas. Madam Speaker, I ask unanimous consent that
the business in order under the Calendar Wednesday rule be dispensed
with on Wednesday next.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
____________________
AUTHORIZING THE CLERK TO MAKE CORRECTIONS IN ENGROSSMENT OF H.R. 5715,
ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT OF 2008
Ms. JACKSON-LEE of Texas. Madam Speaker, I ask unanimous consent that
[[Page 6301]]
the Clerk be authorized to make technical corrections in the
engrossment of H.R. 5715 to include corrections in spelling,
punctuation, section numbering, and cross-referencing, and insertion of
appropriate headings.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Texas?
There was no objection.
____________________
{time} 1500
THOMAS JEFFERSON
The SPEAKER pro tempore. Under the Speaker's announced policy of
January 18, 2007, the gentleman from Texas (Mr. Culberson) is
recognized for 60 minutes as the designee of the minority leader.
Mr. CULBERSON. Madam Speaker, this Sunday was the 265th birthday of
Thomas Jefferson, one of our Nation's greatest Founding Fathers, and
someone who we, I think, as a Nation do not pay enough attention to.
His birthday, unfortunately, went largely unnoticed. And I'm going to
take this time on the floor today, Madam Speaker, to honor this great
good man, recognize his genius and the application of his core
principles as solutions to the core problems our Nation faces today,
and in conclusion, to read his first Inaugural Address which was given
in this Capitol on March 4, 1801 as a reminder of his genius and as a
guideline to really lay out a path for the solutions that we really
need as a Nation today.
The financial hole the United States finds itself in today is
absolutely unprecedented. The Comptroller of the United States, David
Walker, who just left office a few weeks ago, audited the books of the
United States and concluded that we, as a Nation, are in a $54 trillion
hole, that every living American would have to write a check for
$175,000 in order to pay off the existing obligations of the Federal
Government. That includes the $11 trillion national debt to pay off the
obligations of Medicare, Social Security and Medicaid. All those
existing obligations of all the Federal programs already on the books
are so massive, with the retirement of the baby boomers, with the
profligate Thelma-and-Louise spending of this Democrat Congress,
existing financial obligations are so severe that we would, every one
of us, have to write a check today for $175,000 just to pay off those
existing obligations even if Congress didn't create a single new
Federal program. It's an extraordinary number, one that is absolutely
terrifying and that not enough Americans know about.
If we, as a Nation, would just adhere to the principles of
Jeffersonian republicanism, if we would remember Mr. Jefferson's
vision, his genius, his adherence to the core principles of
republicanism, with a small ``r'' as he called them, we, as a Nation,
can dig our way out of that financial hole, we as a Nation can return
to the prosperity and freedom that the Nation has always enjoyed, the
level of freedom that our founders enjoyed.
It's disturbing to me, as a Member of Congress, to see the ease with
which programs like the funding for anyone in the world who has
tuberculosis, AIDS or malaria, under a bill that this House passed last
week, anyone in the world in a third world nation that has malaria, TB
or AIDS is entitled, at U.S. taxpayer expense, to $1,200 a year worth
of medication. Now, that bill passed at a time when we're in this $54
trillion hole, when we have an $11 trillion national debt, when every
one of us owe $175,000 a piece. It's just unbelievable to me and
utterly irresponsible, the continued expansion of the Federal
Government, the continued creation of Federal programs like this by
this Thelma-and-Louise Democrat Congress. To grow the Federal
Government at a time of record debt and deficit is absolutely
intolerable, and it just has to stop.
Mr. Jefferson's birthday is an appropriate time to remember the core
principles that not only really created the Nation, but would serve us
well, as a Congress, today to help dig out of that financial hole, to
make sure that we live within our means.
Thomas Jefferson often said that if we, as a Nation, would only apply
core Republican principles to any problem, the knot will always untie
itself. He was absolutely right about that. Mr. Jefferson believed that
we should trust the good hearts and the good judgment of individual
Americans to make the right decision. Never entrust the solution to a
problem to the Federal Government except as an absolute last resort.
Washington, D.C. will usually foul it up. And Mr. Jefferson understood
that. And it was not because there aren't good people here. The
Nation's capital is full of wonderful, good people dedicated to
representing their districts to the best of their ability and based on
their core principles as they see them. We bring in, in District Seven,
25 young people, one junior from each of the high schools in my
district, I have set up a program as a nonprofit 501(c)(3), the Bill
Archer Student Intern Program, to bring one young person from each of
the high schools in my district for a full week, all-expenses-paid trip
to Washington, D.C. so they can see firsthand that the Nation's capital
is full of people who have good hearts, they're doing the best they can
to represent their districts from their perspective.
The young people in my district who participate in this program meet
Members of Congress, they meet Members of the Senate, they meet
administration officials, cabinet members, they meet judges on the
Supreme Court, and they have an opportunity to see firsthand, Mr.
Speaker, that the government is truly made up of good people doing the
best they can. And it is just human nature that when decisions, as Mr.
Jefferson said, are removed to Washington, D.C. where the people can't
see them, can't not only see what's going on, but a real voice in
what's going on, when those decisions are removed to Washington they
become, by nature, less responsive, less effective in solving the
problems of the American people.
This government has grown so far beyond what the founders intended
that I'm not sure Mr. Jefferson would recognize the Federal Government
today. And I know he would be as alarmed as I am, as my colleague, my
good friend, Congressman Roscoe Bartlett, who will follow me, is with
the continued growth of this government.
As fiscally conservative as I am, Mr. Speaker, I've found in the time
that I've been here I've become even more fiscally conservative as I
see the record growth of this government, as I read David Walker's
report. And I encourage everyone out there to take the time, Mr.
Speaker, to go to gao.gov and look at the Fiscal Wake Up Tour and
carefully look at what David Walker has audited and certified as the
immense scope and size of the financial hole that the United States
finds itself in; $54 trillion hole that gets $3 to $4 trillion deeper
every year.
Comptroller Walker says that the United States has about 5 to 10
years to get our financial house in order. That's an extremely
important piece of information. We have, according to the Comptroller,
10 years tops, probably 5 years, to get our financial House in order,
to begin to get control over these entitlement programs, to begin to
get on a path to a balanced budget.
We need a constitutional amendment, ultimately, Mr. Speaker, to get
the budget of the United States balanced. We have it in Texas, it works
beautifully. We also have a ``speed governor'' in Texas in our State
constitution, it's something we need here at the Federal level, where
the growth in government cannot exceed natural growth in the economy,
that there is essentially a speed governor on spending that prevents
the legislative body from spending more money than is brought in by
natural growth in the economy, it works well in Texas, along with a
balanced budget amendment to the United States Constitution, would do a
lot to get us back on the path that Comptroller Walker points out that
we must do within the next 5 to 10 years, or else.
Comptroller Walker has certified that by 2020, 12 years--young people
listening here today, Mr. Speaker, if you're 18 years old, by the year
2020, when you're 30 years old, Medicare is bankrupt. Social Security
is on the brink of bankruptcy.
[[Page 6302]]
Treasury bonds, the safest investment in the world, according to the
Comptroller, according to Moody's and Standard and Poor's, who have
already formally notified the Treasury that they're beginning the
process of downgrading U.S. Treasury bonds, Treasury bonds by the year
2020 will be graded as junk bonds if we do not stop growing the
government and stop spending money on anything but the bare essentials.
In our personal lives, Mr. Speaker, if we have run up too much debt, if
we have a second mortgage on the home, if our credit cards are tapped
out, in our personal lives we would all know what to do, you would quit
spending money on anything except the bare essentials to keep a roof
over your family's head, to pay the bills, to put groceries on the
table, other than that, you would just quit spending money. But the
Federal Government has the ability not only to print money, but to
issue more Treasury bonds. And the money that we spend here in Congress
that is beyond our means is paid for by debt passed on to our kids.
It's just intolerable.
The Chinese, the foreign investors buy our Treasury bonds today and
support this profligate spending, but it is not supportable, it cannot
be sustained, and we simply must stop spending money that our kids
cannot afford to pay. It's inexcusable, it's intolerable.
And it's important, on the 265th birthday of Thomas Jefferson, to
remember the core principles that Mr. Jefferson lived his life by, that
he governed this Nation by as our third President, to remember the
genius of this great, good man and try to apply those principles to
these massive problems we have today; to, first of all, live within our
means; to restrict not only the size and power and cost of the Federal
Government, but to roll it back within the boundaries that the founders
originally intended, the narrow scope of responsibility as laid out in
the Constitution so beautifully by our founders.
The whole idea of the Federal Government was that it would only have
those powers expressly delegated to it in the Constitution, that, as
the 10th Amendment says so well, that all power not specifically
delegated to the Federal Government by the Constitution would be
reserved to the States and the people.
I came out of the State legislature in Texas. And the idea behind the
State constitutions, I think my friend, Congressman Bartlett, served in
the Maryland State legislature, the State constitutions give the State
legislatures all power that State constitutions set aside for the
legislatures. It's a broad grant of authority.
The Federal Government is delegated responsibility in a very narrow
way by the Federal Constitution. And over the years, with the terrible
War Between the States, the assassination of Abraham Lincoln, the
Reconstruction Congress, The New Deal, the growth of the Federal
Government with the rapid expansion of power under The New Deal,
Congress passing laws in areas where they really don't have any
business, as a result, the Federal Government has grown so far beyond
anything that the founders envisioned that we today face, as David
Walker has told us, a $54 trillion liability that equals $175,000 for
every living American.
This obligation, Mr. Speaker, is so massive that if we were to
confiscate all the private property of the United States and sell it
off at auction, David Walker estimates that would only pay for about 90
percent of this $54 trillion obligation.
It's a terrifying number. And the number that we often see for the
national debt of about $11 trillion working out to about $45,000 a
person, that's not the real number, folks. The real number is you, Mr.
Speaker, I, every living American has to write a check for $175,000
today to pay off that $54 trillion liability that we are now descending
on a path like Argentina, the dollar becoming like the peso.
We, as a Nation, our Treasury bills, the safest investment in the
history of the world, becoming junk bonds. It's intolerable, it's
inexcusable. And it's a result of profligate spending by this Congress
over far too many years. It's why I, as the congressman from District
Seven, voted against the farm bill. No Child Left Behind is a violation
of the 10th Amendment, spending money we didn't have. I voted against
this AIDS in Africa program. I voted against the Medicare Prescription
Drug bill. I voted against, frankly, every single one of the major
spending initiatives that have been proposed since I got here in 2001
in recognition that I just simply will do everything in my power not to
pass on this massive debt and deficit to my daughter and to her kids.
It is just inexcusable and unacceptable.
I rise today, Mr. Speaker, to honor Mr. Jefferson and to read into
the Record his magnificent first Inaugural Address, his great advice
for the Nation today, for this Congress, for the Nation, for the
executive branch, for all of us to just take a moment and contemplate
carefully the genius of Thomas Jefferson, the wisdom of his core
philosophy of republicanism, with a small ``r,'' that was focused on
the preservation of individual liberty and trusting individual
Americans to control that which they could see with their own eye, as
he often liked to say, shifting power away from Washington and back in
the hands of locally elected officials and individual Americans.
Mr. Jefferson also spent much of his time fighting the expansion of
power of the judiciary.
{time} 1515
John Marshall, the Chief Justice of the Supreme Court at that time
when he was President, and Mr. Jefferson locked horns repeatedly. And
one of my favorite Jefferson quotes when it came to the judiciary was
Mr. Jefferson often said that ``The judiciary advances on noiseless
steps like gravity, never yielding what they have gained.''
And that is so true, Mr. Speaker. Not only has the Congress, passing
laws we have no business passing that belong within the jurisdiction
and control of State and local governments, not only has the Congress
expanded the size, power, and cost to the Federal Government, but an
aggressive judiciary has repeatedly expanded the scope of its power and
responsibility.
Also, after the election of 1800 when the Republicans and he, as the
leader of the Republican Party, took over the executive branch and won
a majority in the United States House and in the United States Senate,
Mr. Jefferson said that the Federalists, those who wanted to
concentrate all power in Washington, had ``retreated to the bunkers of
the judiciary and turned their guns on the people of the United
States.''
And in so many ways, those judges that Mr. Jefferson was so concerned
about have over time gradually expanded the scope of their power where
in, for example, the State of Missouri, Mr. Speaker, a Federal judge in
Missouri actually ordered a tax increase to pay for public education.
Unbelievable, that a judge would take it upon himself to tax the people
of Missouri to pay for public education. He ordered the State of
Missouri to issue $100 million in bonds, raised property taxes, raised
taxes on the people of Missouri to pay for improvements that that
Federal judge believed in his ivory tower, in his wisdom as Zeus up on
Mount Olympus, that the people of the city of St. Louis needed to
improve their schools. And this judge had the idea that here's how
we're going to do it and you're going to pay taxes to pay for it.
Time after time after time, when power is concentrated where the
people can't see it, where they can't touch it, where it's in the hands
of people that are unelected, unaccountable, and invisible to the
public, bad decisions are made, Mr. Speaker. The Constitution suffers,
this Nation suffers, and I think as a result of drifting too far from
the core principles of Jeffersonian Republicanism, the Nation finds
itself where it is today, in a $54 trillion hole where we are on a
glide path to become like Argentina, where our treasury bills are junk,
where our dollar is not valued, and we essentially could be within a
decade on the brink of national bankruptcy. It's unacceptable. We can
stop it just like a hurricane can be dealt with, Mr. Speaker. If we see
the hurricane coming and know about it, we can deal with it.
[[Page 6303]]
It's important to remember that the people of Britain won the Battle
of Britain because Winston Churchill was honest with them and told them
how dangerous the Nazis were, how severe the threat was to their
freedom, that the British people could indeed lose their island and
fall under Hitler's control. But the people of Britain had to be told
the truth. And Winston Churchill told them the truth. And I think we,
as elected officials, owe our constituents the truth about the size and
scope of the $54 trillion liability that has been created over the last
60 years of Democrat and Republican Congresses. Passing that liability
on to our children and grandchildren is outrageous, it's unacceptable,
it's immoral, it's fundamentally wrong. And I hope we will, all of us,
as Members of Congress, take guidance from the genius, the wisdom of
Thomas Jefferson as he addressed the Nation in his first inaugural
address on March 4, 1801, after coming through a bitter election where
the House of Representatives had to make the final decision as to who
was to be President.
He, as leader of the Republican Party, was running against John
Adams, the leader of the Federalist Party, the second President. They
had become fast friends in Paris. Thomas Jefferson and John Adams and
Abigail Adams had become just inseparable friends during their time
together in Paris, in Europe. They had become friends, of course,
during the time of the writing of the Declaration of Independence. It
was John Adams who put Thomas Jefferson on the committee and insisted
that Mr. Jefferson write the Declaration of Independence and John Adams
who continued to support and encourage Thomas Jefferson. They were fast
personal friends.
But in the election of 1800, they had a falling out because of their
fundamental difference of opinion about the direction the Nation should
go. Mr. Adams believed in a strong, powerful central government and the
concentration of authority in Washington, D.C. Mr. Jefferson believed
firmly in the preservation of our constitutional separation of powers
and the preservation of the rights of the States and the people as the
best and most responsible guardians of liberty. And that fundamental
difference of opinion about where true power should lie led to their
running against each other for President.
Aaron Burr was running also. And in the election of 1800, the
electoral college wound up being deadlocked. It was a tie between Aaron
Burr and Thomas Jefferson, and the House of Representatives had to make
the final decision. Each State being given one vote, there was a
deadlock, and I think it was 37 ballots that had to be cast before Mr.
Jefferson was finally selected as President.
So they had come through a bitter election. The Nation had gone right
to the brink of war with France. It was a bitter, bitter struggle over
whether or not the Nation should go to war with France. John Adams
signed the Alien and Sedition Acts. And by signing the Alien and
Sedition Acts, the Federalists, led by John Adams, had essentially made
it illegal for anyone to speak out against the President, to speak out
in a way that would hold out the President or the Congress to ridicule,
violating, of course, obviously, the first amendment, freedom of
speech. And that, of course, also deepened the separation between Mr.
Jefferson and Mr. Adams.
That election was especially bitter. So this inaugural address was
given at a time of deep passionate differences between Federalists and
Republicans. And that part of his speech, I think, is also very
applicable today.
Mr. Speaker, you and I are good friends. We, all of us, work together
in this House as best we can to advance the needs of the Nation. There
are personal friendships, certainly among, for example, the Texas
delegation. One of my very best friends in Congress, my good friend
Henry Cuellar, and my good friend Ciro Rodriguez, who represents the
border counties, we were elected together in 1986 in the Texas
legislature. We remain devoted friends, and all of us in the Texas
delegation put Texas first. When it comes to the needs of our State,
party labels don't matter. We're Texans first and do what we can to
help the State of Texas. And I know that's true of other State
delegations. It's especially true in Texas.
And in the inaugural address that Mr. Jefferson gave in 1801, he was
speaking of the need to bring the Nation together and to not let party
labels or party fights get in the way of doing the right thing for the
Nation. So part of what you will hear Mr. Jefferson say to the Nation,
I think, is especially appropriate today, that we do all that we can to
put those partisan distinctions aside.
But as I read his inaugural address and as you hear his words, it's
also important for the majority here to remember Mr. Jefferson's
admonition that, although the will of the majority is in all cases to
prevail, that will to be rightful must be reasonable and protect the
rights of the minority. Because this majority, this Thelma and Louise
Democrat majority in this Congress that's driving America right off a
financial cliff, this Thelma and Louise Democrat majority doesn't often
hold public hearings on bills. They drop bills out here on the floor
without public hearings. There's no opportunity for amendment. There's
very little opportunity for debate, just fundamentally destroying the
whole purpose of this great deliberative body. And denying the minority
our right to offer amendment, our right to be heard in this debate, is,
as you will hear Mr. Jefferson say, oppression, a violation of the most
fundamental principles of this great American Republic. We see it occur
on a daily basis, and it's a tragic and terrible thing that the Thelma
and Louise Democrat majority has imposed on this House, on this Nation,
in denying the Republican minority our opportunity to offer amendments
and be heard. So in that sense too, Mr. Jefferson's words have special
meaning today.
I have probably read about 60 percent of Mr. Jefferson's works. He is
my hero. Mr. Jefferson is my role model in all that I do. In
representing District Seven, I do my very best, Mr. Speaker, to apply
core Jeffersonian principles, and on every issue I have found no matter
what the problem is, no matter what the issue is, Mr. Jefferson was
right. If you apply core Republican principles, the knot always unties
itself. I have yet to encounter a problem that Jeffersonian Republican
principles won't solve. So, Mr. Speaker, I want to now read into the
Record Thomas Jefferson's first inaugural address on March 4, 1801, at
the conclusion of which I will yield back the remainder of my hour and
turn it over to my good friend and colleague Roscoe Bartlett, a fellow
dedicated conservative who is committed to the core principles of our
Constitution. Mr. Bartlett is someone I admire deeply, a fellow
Jeffersonian.
And before reading Mr. Jefferson's inaugural address, his greatest
speech perhaps, I think, and in the opinion of scholars, they believe
Mr. Jefferson's first inaugural address is his greatest, let me also
point out, Mr. Speaker, something else important. This good man, at the
end of his life, wrote on his tombstone three things. If you visit
Monticello and visit Mr. Jefferson's grave, it says on his tombstone
that he was the author of the American independence, the author of the
Virginia Statute of Religious Freedom, and the father of the University
of Virginia. Mr. Jefferson listed those three things because in his
mind those were his three greatest achievements. He wanted to list on
his tombstone those things that he had done for the American people
rather than those things that they had done for him. All the offices
that he had held, the incredible array of honors that had been his
throughout his life. In fact, Mr. Speaker, there was a wonderful letter
that Mr. Jefferson wrote towards the end of his life in February of
1826. He died, of course, on July 4, 1826, 50 years to the minute after
he presented the Declaration of Independence to the Continental
Congress. Mr. Jefferson held on, although he was unconscious. He knew
that he was close to the 4th. He actually breathed his last at about 1
p.m. on July 4, 1826, at almost the exact moment that 50 years earlier
the committee, Mr. Adams, Dr. Franklin, and
[[Page 6304]]
Mr. Jefferson, had presented the Declaration to the Continental
Congress.
Mr. Jefferson had, about 4 months earlier, wrote a letter justifying
lotteries, because he couldn't balance his checkbook and Monticello was
going to have to be sold to pay off his creditors, which broke his
heart. And someone had come up with the idea of having a lottery to
help pay for the debts that he had incurred. And, of course, a lottery,
being gambling, it really worried Mr. Jefferson. And he wrote a long
justification for this lottery that would sell tickets to save
Monticello. And I recommend it to people to take a look at because in
this long justification, called Thoughts on Lotteries and it's dated, I
think, February of 1826, Mr. Jefferson lays out all of the great
accomplishments in his life. After going through all the good things
that lotteries have done in the past, he says that for no other reason
people buy a lottery ticket, they should perhaps remember his services
to the Nation, and he lists all that he had done with his incredible
life: Secretary of State, Minister to France, Vice President, President
of the United States, the author of the Declaration of Independence,
this incredible list of accomplishments in his life.
{time} 1530
And most revealingly, Mr. Speaker, Thomas Jefferson says at the end
of it all, listing all of those accomplishments, Mr. Jefferson says,
``Of all these things that I have done with my life, the most important
thing that I have ever done was to be a partisan Republican, to head
the Republican party.''
Because Mr. Jefferson said ``it was the Republicans that I, as the
leader of the Republicans in the Senate, and Albert Gallatin, as the
leader of the Republicans in the House, that essentially saved the
Republic, that held on to the core principles of the Constitution at
the time under the Alien and Sedition Act when the Adams administration
was furiously concentrating power in the hands of the Federal
Government, that the Republicans in the Congress, the Republicans in
the State legislature, and the phalanx of the State legislatures,'' as
Mr. Jefferson said, ``it was the Republican party that truly saved the
Republic,'' and that being partisan, being the leader of the Republican
party, in Mr. Jefferson's mind, was his greatest accomplishment because
it led to the election of 1800 and the salvation of the Nation.
Mr. Jefferson always thought of the election of 1800 as the
revolution of 1800, and by electing a Republican majority to the House
in 1800, a Republican majority to the Senate, a Republican President,
Republicans had been elected in State legislatures across the Nation,
that Mr. Jefferson believed that that election was decisive and allowed
the core principles of the Constitution to be salvaged and to be
preserved for future generations.
And with that in mind, Mr. Speaker, Mr. Jefferson stood up in the old
Senate Chamber, just across the Rotunda, there is a plaque that people
can see today in the old Senate Chamber. Mr. Jefferson was known for
giving speeches. And he had a very soft voice. He was a little hard to
hear. Eloquent and magnificent writer that he was, he was a little hard
to hear in public speeches. And he stood up in the Senate Chamber.
There was a lot of strong emotion in the room, a lot of anger. John
Adams did not even attend the inauguration. He was so angry.
And as a quick side note, if you have not seen or not watched the
magnificent HBO series on John Adams, you should. Having not subscribed
to HBO before, we did subscribe for a couple of months just for the
sole purpose of seeing that magnificent production of David
McCullough's biography of John Adams that Tom Hanks is responsible for,
and a great, good thing that Tom Hanks has done for the Nation in
bringing David McCullough's book to the Nation. It is a magnificent
series, and I recommend it to you.
And you will see in there that John Adams was so upset by his defeat
that he didn't even attend the inauguration of Thomas Jefferson. And
Mr. Jefferson therefore stood up and gave this speech in a very, very
tense atmosphere in the old Senate Chamber. There were a lot of angry
people in the room. The Nation, frankly, at one point, when the 34
ballots were being cast in that deadlock, there was even discussion of
the militia in Virginia going to the old armory there in Williamsburg
and taking out weapons, a militia marching on Washington to ensure Mr.
Jefferson's election because of this deadlock.
So tensions were high. Partisan feelings were strong. Yet Mr.
Jefferson stood up and gave his inaugural address, his greatest speech
at a time when the Nation truly could have been split apart. New
England even talked about leaving the Union.
In that atmosphere, Mr. Jefferson stood up on March 4, 1801, and gave
the following speech.
``Called upon to undertake the duties of the first executive office
of our country, I avail myself of the presence of that portion of my
fellow-citizens which is here assembled to express my grateful thanks
for the favor with which they have pleased to look toward me, to
declare a sincere consciousness that the task is above my talents, and
that I approach it with those anxious and awful presentiments which the
greatness of the charge and the weakness of my powers so justly
inspire.
``A rising Nation, spread over a wide and fruitful land, traversing
all the seas with the rich productions of their industry, engaged in
commerce with nations who feel power and forget right, advancing
rapidly to destinies beyond the reach of mortal eye--when I contemplate
these transcendent objects, and see the honor, the happiness, and the
hopes of this beloved country committed to the issue and auspices of
this day, I shrink from the contemplation, and humble myself before the
magnitude of the undertaking.
``Utterly, indeed, should I despair did not the presence of many whom
I see remind me that in the other high authorities provided by our
Constitution I shall find resources of wisdom, of virtue and of zeal on
which to rely under all difficulties. To you, then, gentlemen, who are
charged with the sovereign functions of legislation, and to those
associated with you, I look with encouragement for that guidance and
support which may enable us to steer with safety the vessel in which we
are all embarked amidst the conflicting elements of a troubled world.
``During the contest of opinion through which we have passed the
animation of discussions and of exertions has sometimes worn an aspect
which might impose on strangers unused to think freely and to speak and
to write what they think, but this being now decided by the voice of
the Nation, announced according to the rules of the Constitution, all
will, of course, arrange themselves under the will of the law, and
unite in common efforts for the common good:
``All, too, will bear in mind this sacred principle, that though the
will of the majority is in all cases to prevail, that will, to be
rightful must be reasonable; that the minority possess their equal
rights, which equal law must protect, and to violate will be
oppression.
``Let us, then, fellow-citizens, unite with one heart and one mind.
Let us restore to social intercourse that harmony and affection without
which liberty and even life itself are but dreary things. And let us
reflect that having banished from our land that religious intolerance
under which mankind so long bled and suffered, we have yet gained
little if we countenance a political intolerance as despotic, as
wicked, and capable of as bitter and bloody persecutions.
``During the throes and convulsions of the ancient world, during the
agonizing spasms of infuriated man, seeking through blood and slaughter
his long-lost liberty, it was not wonderful that the agitation of the
billows should reach even this distant and peaceful shore; that this
should be felt and feared by some and less by others, and should divide
opinions as to measures of safety.
``But every difference of opinion is not a difference of principle.
We have called by different names brethren of the same principle. We
are all Republicans, we are all Federalists. If there be any among us
who would wish to
[[Page 6305]]
dissolve this Union or to change its Republican form, let them stand
undisturbed as monuments of the safety with which error of opinion may
be tolerated where reason is left free to combat it. I know, indeed,
that some honest men fear that a Republican government cannot be
strong, that this government is not strong enough; but would the honest
patriot in the full tide of successful experiment, abandon a government
which has so far kept us free and firm on the theoretic and visionary
fear that this government, the world's best hope, may by possibility
want energy to preserve itself? I trust not. On the contrary, I believe
this, the strongest government on Earth. I believe it is the only one
where every man, at the call of the law, would fly to the standard of
the law, and would meet invasions of the public order as his own
personal concern. Sometimes it is said that man cannot be trusted with
the government of himself. Can he, then, be trusted with the government
of others? Or have we found angels in the form of kings to govern him?
Let history answer this question.
``Let us, then, with courage and confidence pursue our own Federal
and Republican principles, our attachment to union and representative
government. Kindly separated by nature and a wide ocean from the
exterminating havoc of one-quarter of the globe; too high-minded to
endure the degradations of others; possessing a chosen country, with
room enough for our descendants to the thousandth and thousandth
generation; entertaining a due sense of our equal right to the use of
our own faculties, to the acquisitions of our own industry, to honor
and confidence from our fellow-citizens, resulting not from birth, but
from our actions and their sense of them; enlightened by a benign
religion, professed, indeed, and practiced in various forms, yet all of
them inculcating honesty, truth, temperance, gratitude and the love of
man; acknowledging and adoring an overruling Providence, which by all
its dispensations proves that it delights in the happiness of man here
and his greater happiness hereafter--with all these blessings, what
more is necessary to make us a happy and prosperous people? Still one
thing more, fellow-citizens--a wise and frugal government, which shall
restrain men from injuring one another, shall leave them otherwise free
to regulate their own pursuits of industry and improvement, and shall
not take from the mouth of labor the bread it has earned. This is the
sum of good government, and this is necessary to close the circle of
our felicities.
``About to enter, fellow-citizens, on the exercise of duties which
comprehend everything dear and valuable to you, it is proper you should
understand what I deem the essential principles of our government, and
consequently those which ought to shape its administration. I will
compress them within the narrowest compass they will bear, stating the
general principle, but not all its limitations.
``Equal and exact justice to all men, of whatever state or
persuasion, religious or political;
``Peace, commerce and honest friendship with all nations, entangling
alliances with none;
``The support of the State governments in all their rights, as the
most competent administrations of our domestic concerns and the surest
bulwarks against anti-Republican tendencies;
``The preservation of the general government in its whole
constitutional vigor, as the sheet anchor of our peace at home and
safety abroad;
``A jealous care of the right of election by the people--a mild and
safe corrective of abuses which are lopped by the sword of revolution
where peaceable remedies were unprovided;
``Absolute acquiescence in the decisions of the majority, the vital
principle of Republics, from which there is no appeal but to force, the
vital principle and immediate parent of despotism;
``A well-disciplined militia, our best reliance in peace and for the
first moments of war till regulars may relieve them;
``The supremacy of the civil over the military authority;
``Economy in the public expense, that labor may be lightly burdened;
``The honest payment of our debts and sacred preservation of the
public faith;
``Encouragement of agriculture, and of commerce as its handmaid;
``The diffusion of information and arraignment of all abuses at the
bar of public reason;
``Freedom of religion;
``Freedom of the press;
``And freedom of person under the proceedings of habeas corpus, and
trial by juries impartially selected.
``These principles form the bright constellation which has gone
before us and guided our steps through an age of revolution and
reformation. The wisdom of our sages and blood of our heroes have been
devoted to their attainment. They should be the creed of our political
faith, the text of civic instruction, the touchstone by which to try
the services of those we trust; and should we wander from them in
moments of error or of alarm, let us hasten to retrace our steps and to
regain the road with alone leads to peace, liberty and safety.
{time} 1545
``I repair, then, fellow-citizens, to the post you have assigned me.
With experience enough in subordinate offices to have seen the
difficulty of this the greatest of all, I have learnt to expect that it
will rarely fall to the lot of imperfect man to retire from this
station with the reputation and with the favor which bring him into it.
``Without pretensions to that high confidence you reposed in our
first and greatest revolutionary character, whose preeminent services
had entitled him to first place in his country's love and destined for
him the fairest page in the volume of faithful history, I ask so much
confidence only as may give firmness and effect to the legal
administration of your affairs.
``I shall often go wrong through defect of judgment. When right, I
shall often be thought wrong by those whose positions will not command
a view of the whole ground. I ask your indulgence for my own errors,
which will never be intentional, and your support against the errors of
others, who may condemn what they would not if seen in all its parts.
The approbation implied by your suffrage is a great consolation to me
for the past, and my future solicitude will be to retain the good
opinion of those who have bestowed it in advance, to conciliate that of
others by doing them all the good in my power, and to be instrumental
to the happiness and freedom of all.
``Relying, then, on the patronage of your good will, I advance with
obedience to the work, ready to retire from it whenever you become
sensible how much better choice it is in your power to make. And may
that Infinite Power which rules the destiny of the universe lead our
councils to what is best, and give them a favorable issue for your
peace and prosperity.''
Mr. Speaker, Mr. Jefferson's first inaugural address holds so much
wisdom for us today at the start of the 21st century, just as it did at
the start of the 19th century, as surely his core principles are the
touchstone by which I measure my work on behalf of the people of
District 7. And in reading his magnificent speech today, I want to
honor this great, good man, to celebrate his 265th birthday, to
recognize Thomas Jefferson's genius, his contribution to this Nation,
and to recommit myself in the service of the people of District 7 to
the core principles of Jeffersonian Republicanism, through which I have
absolutely no doubt we will dig ourselves out of this immense fiscal
hole we find ourselves in and restore the hope that Mr. Jefferson had
for the future.
After all, this is the greatest country ever created in the history
of the world, and I have no doubt that the future is limitless for us
as Americans.
I am proud to yield back the balance of my time and turn the floor
over to my good friend, my colleague, someone I admire immensely, a
fellow Jeffersonian, Roscoe Bartlett of Maryland.
[[Page 6306]]
____________________
MESSAGE FROM THE PRESIDENT
A message in writing from the President of the United States was
communicated to the House by Mr. Sherman Williams, one of his
secretaries.
____________________
PEAK OIL
The SPEAKER pro tempore (Mr. Altmire). Under the Speaker's announced
policy of January 18, 2007, the gentleman from Maryland (Mr. Bartlett)
is recognized for 60 minutes.
Mr. BARTLETT of Maryland. Mr. Speaker, if Thomas Jefferson could be
resurrected today, he would be surprised by many things that he found.
As my good friend from Texas just indicated, he would be enormously
surprised by the size of our Federal Government, because he had
envisioned a country in which we had a very limited Federal Government.
But there is something else that I remember about Thomas Jefferson
that would really surprise him today. What he wanted for his new
country was a largely agrarian society, with just enough cities to
provide the manufacturing necessary to sustain an agricultural economy.
He wanted this, he said, because he didn't want his new country to be
blighted by the decadence of cities, as were the countries of Europe
and the British Isles that they came from. He really, really would be
quite surprised if he could be resurrected and come to our country
today, wouldn't he, where far, far more than half of our people live in
cities far larger than any he could have imagined at that time.
Mr. Speaker, this, I believe, is the 42nd time that I have come here
to the floor to talk about energy and primarily about oil. The first
time I came here was a little over 3 years ago. Oil was just over $50 a
barrel then, and I was talking about a history that, had we paid
attention to it, would have told us that today, or sometime roughly
near this, we would be here with oil at $115 a barrel, that is what it
touched in Asia overnight, and with gasoline at the pump out there
averaging somewhere near $3.50 a gallon.
It was absolutely inevitable that we would be here. It was predicted
that we would be here. And with all of these warnings, we really should
have been doing something about that, and why we weren't is a very
interesting subject.
There were two speeches given on energy in the last century that I
think will be increasingly recognized, one of them as the most
important speech given, and the other one the most insightful speech
given.
I have here a quote from what I think was perhaps the most insightful
speech given on energy. It was a speech given by Admiral Hyman
Rickover, the father of our nuclear submarine, to a group of physicians
in St. Paul, Minnesota, on the 14th day of May, 1957.
He says, ``In the 8,000 years from the beginning of history to the
year 2000 A.D.,'' he was looking ahead, ``world population will have
grown from 10 million to 4 billion.'' He really missed that, didn't he?
It is nearly 7 billion. He really had a pretty good concept of what
energy was doing for us, but he had underestimated the contribution
that energy would make to the growth of our population, because we are
now somewhere near 7 billion people, with 90 percent of that growth,
more than 90 percent, taking place during the last 5 percent of that
period, in 400 years. It took the first 3,000 years of recorded history
to accomplish the first doubling of population, 100 years for the first
doubling, but the next doubling will require only 50 years. And, of
course, it required less than that, because we are now far more than
doubled.
The next chart kind of depicts what Hyman Rickover was talking about.
What this shows is the last part of that 8,000 years of recorded
history. We have here only about 400 years of it. But if you went back
the rest of the 8,000 years, the graph would look about the same. The
production of energy was down there so near zero that it looked like it
was on the zero line.
Here we see the beginning of the Industrial Revolution. It began with
wood, of course. That is the brown line there. Then we discovered coal
and we produced considerably more energy. Then we discovered gas and
oil, and, boy, it shot up. Now, if I had a curve of the growth in
population, it would just track almost precisely this curve in the
increase in energy available.
This is an interesting curve, and I would like to spend just a moment
looking at it. It is a very steep curve. Now, we can make this curve
much less steep if we spread out the abscissa and compress the
ordinate, and a little later we will have some curves that are that
way. But you can still see the essentials of what this curve shows you.
Here is the oil price spike hikes of the seventies. You will see it
resulted in a worldwide recession that actually reduced the use of oil.
And now, after recovery from that recession, with a great deal more
respect for efficiency, we are now increasing our use of energy at a
very much lesser slope.
Now, in this chart where we have such a compressed abscissa, that is
not as evident. It will be later. Later when we come to that I will
point to the fact that this very steep curve, were it to have
continued, we would be off the top of the chart and we would be in
considerably more trouble relative to energy than we are today.
The next chart is another quote from this great speech that Hyman
Rickover gave a little over 50 years ago. ``There is nothing that man
can do to rebuild exhausted fossil fuel reserves.'' When they are gone,
they are gone. You can't recycle energy. When it is used, it is gone.
They were created by solar energy a very long time ago, he says 50
million years ago. It took eons to grow to their present volume.
In the face of the basic fact that fossil fuel reserves are finite,
the exact length of time--I want you to listen to this statement, so
insightful--the exact length of time these reserves will last is
important in only one respect. The longer they last, the more time that
we have to invent ways of living off renewable or substitute energy
sources and to adjust our economy to the vast changes which we can
expect from such a shift.
Fifty-one years ago. Tremendous advice. He recognized this. And he
says we were living in a golden age. Exactly how long this golden age
lasted would be only important in one regard. The longer it lasted, the
more time we would have to shift to alternative sources of fuel,
because fossil fuels, oil, gas and coal, are not infinite. They are
finite. They will run out. The only question was not if, it was when
will they run out. He said the longer they lasted, the more time we
would have to invent ways of living off renewable or substitute energy
sources.
The world has done essentially none of that in the 51 years since he
made that statement and gave that counsel. We have behaved in our use
of fossil fuels as if they were in fact infinite, as if they would
always be there. Tomorrow there will be another huge find, and we can
just go on using as much energy as we wish for as long as we wish.
The next chart is another quote from Hyman Rickover. ``Whether this
golden age will continue depends entirely upon our ability to keep
energy supplies in balance with the needs of our growing population.''
And oil is $115 a barrel and gas is $3.50 a gallon at the pump because
we have not been able to keep energy supplies in balance with the needs
of our growing population and our growing economies in this country and
around the world, and we now have an imbalance between supply and
demand. The demand is greater than the supply, and whenever that
happens, of course, the price goes up, and the price has gone up.
The next chart is a quote from one of four studies that have been
paid for by your government and have been pretty much ignored by your
government. All four of these studies have said essentially the same
thing, that peaking of oil is either present or imminent, with
potentially devastating consequences, and we really need to be doing
something about that.
The Corps of Engineers was one of those studies, the second one, in
September of 2005. An earlier one, the Hirsch Report, was in February
of 2005.
[[Page 6307]]
Then last year there were two more reports, one by the Government
Accountability Office, and the other by the National Petroleum Council.
Oil, they said, is the most important form of energy in the world
today. Historically, no other energy source equals oil's intrinsic
qualities of extractability, transportability, versatility and cost. It
has been really cheap. One barrel of oil represents the work output of
12 people working all year, 25,000 man-hours of effort.
When I first saw that statistic, I said, gee, that can't be true.
Then I thought about it, how far that gallon of gas, still cheaper than
water in the grocery store, carries my Prius; about 47-48 miles.
{time} 1600
I know I could pull my Prius 47, 48 miles with a come-along and using
guardrails and trees and so forth. How long would it take me to pull my
Prius 47 miles?
Certainly it is true that historically no other energy resource
equals oil's qualities. Its quality of energy and the quantity of
energy in these fossil fuels, particularly, oil is just incredible.
That's one of the big challenges we face in finding alternatives for
these fossil fuels is something that has the quality and the quantity
of the energy in these fossil fuels.
The next chart is a cartoon that asked the question ``Just why is gas
so expensive?'' You can see here a tiny little supply and a huge
demand, and that, of course, is why oil is so expensive. It's because
the demand exceeds the supply.
This problem is an even more demanding problem than just a supply and
demand, because as the next chart shows us, the major supplies of oil
come, as the President said in one of his State of the Union messages
from countries that don't even like us, this is a chart which shows
what the world would look like if the size of the country was relative
to how much oil it had in the ground.
You see here that Saudi Arabia dominates the landscape. Saudi Arabia
represents about 22 percent of all the reserves of oil in the world,
and you see how large the reserves are in countries like Iraq and tiny
little Kuwait and the United Arab Emirates. You almost have to have a
magnifying glass to see them, they are so small. Look how huge they are
relative to oil, then Iran huge. Russia, just a couple of days ago,
Russia had indicated that had they had reached a maximum capacity for
producing oil.
The United States, we have 2 percent of the known reserves of oil in
the world. We use a fourth of the world's oil. What I really would like
to focus on is the size of India and China over their more than a third
of the world's population, and they have less oil than we have, and we
have only 2 percent of the known reserves of oil in the world.
The next chart has this in some numbers, and these numbers inspired
30 of our prominent Americans, Jim Woolsey, McFarland, Boyden Gray and
27 others to write several years ago a letter to the President saying,
Mr. President, the fact that we have only 2 percent of the world's oil
reserves, and we used 25 percent of the world's oil and import almost
two-thirds of what we use is an almost totally unacceptable national
security risk, and we really have got to do something about that.
That's true that this represents a huge national security risk.
This was recognized in our next chart by the Secretary of State in a
comment that she made before a Senate committee just a bit over 2
years, April 5, 2006. ``We do have to do something about the energy
problem--I can tell you that nothing has really taken me aback more as
Secretary of State than the politics of the way energy is. I will use
the word `warping' diplomacy around the world. We have simply got to do
something about the warping now of diplomatic effort by the all-out
rush for energy supply.'' In that all-out rush, China is scouring the
world and buying up oil reserves wherever they can find them.
The next chart looks again at the geopolitical picture. Why is oil
just so expensive? Many people believe that OPEC is gouging us. Others
believe that our oil companies are gouging us.
The truth, of course, is that the price of oil is determined by the
relationship between the supply of oil and the demand for oil.
Our large companies and the countries that are producing oil just
happen to be happy recipients of this confluence of events which
demands more oil than is available and so the price is up.
What this chart looks at is the top 10 of the oil and gas companies
on the basis of how much oil they have. You see that 98 percent of
these top 10 are all countries, they are not companies.
Most of the oil in the world is not owned by companies, it's own by
countries. LUKOIL, which is kind of an independent oil company in
Russia, is only 2 percent at the top of this bar.
The bar here looks at the top 10 oil and gas companies on the basis
of production. Now, we have huge oil companies. ExxonMobil, the largest
one in the world, Royal Dutch/Shell, BP, collectively, they produce
only 22 percent of the oil, and these state-owned fields produce only
78 percent of the oil.
The next chart I mentioned, China's interest in scouring the world
and looking for oil, wherever you see a dollar sign on this chart, we
have bought some oil. Here I see a dollar sign here, I see a dollar
sign, not very many of them. When you see this little Chinese symbol
kind of a sign here that's where China has bought oil.
Here is one, they tried to buy Unocal in our country. You see their
symbol all over the world. They are aggressively buying oil all over
the world.
In today's world it really doesn't make any difference who owns the
oil, the person who has the dollars. It's an auction, a bidding
process. The person who has the dollars buys the oil.
Why would China be buying up oil if they simply come with the dollars
and you buy all the oil they need on the world market? Well, it's hard
to get inside another person's head, but it may just be that they are
looking to the day when they will not be able to share their oil with
the world.
Now, all the oil in all the world is shared with all of the world.
It's all a huge auction pool and everybody contributes and everybody
buys. That happy day may end.
The next chart. If you had only one chart to look at to inform
yourself about where we are and what the challenge is, I think this
would be the chart. This chart shows bars that represent the amount of
oil that we discovered year by year. You see that we had huge, huge
discoveries back in the 1960s and 1970s.
Then from about the 1980s, I am really starting about the 1970s on,
we progressively found, choppy up and down, but less and less and less
oil. That's in spite of ever-better techniques for finding oil.
The solid black line here represents the oil that we have used. Here
is the 1970s, and notice the reduction in use there as a result of a
worldwide recession brought on by the oil price spike hikes then.
Now, this is an expansion of the abscissa--and I indicated earlier we
would have a chart where there is a huge difference in slope. Remember
we had that red one just going straight up. If we could compress this
abscissa we could make that one go almost straight up.
But notice how much less the slope is after the recession of the
1970s. That's because the world woke up and said, gee, oil is
expensive, isn't it, and we can do better, and let's be more efficient.
The air conditioner you have today may be two or three more times
more efficient, as is your refrigerator. We now have fluorescent
lights, and they are very much more efficient than incandescent lights.
So this lesser slope of the curve represents increased efficiency. Were
it not for that, notice where we would be on the curve now, we would be
off the top of the chart now, wouldn't we, if this kept going.
By the way, I want to just make one observation about exponential
growth. This is, of course, exponential growth. Albert Einstein was
asked, Dr. Einstein, what will be the next big force we find after
nuclear energy? His response, the most powerful force in the
[[Page 6308]]
universe is the power of compound interest.
Just 2 percent growth, that's so anemic, that our market doesn't like
it. It really kind of teeters, it stutters a little and doesn't grow
with 2 percent growth. Things tend to be pessimistic, but 2 percent
growth doubles in 35 years, it's 4 times bigger in 70 years, it's 9
times bigger in 105 years and it's 16 times bigger in 140 years, just 2
percent growth, compound growth. So if this compound growth had
continued, this will be off the top of the page.
That was kind of a trauma going through the 1970, but we really
should look back on it and say how lucky we were that we had a wake-up
call because look what happened? We got much more efficient, and so now
we are in much less trouble than we would have been had we not had this
chalk, and we would have continued along this curve.
The next chart, the next chart is one from the U.S. Corps of
Engineers. In general, all nonrenewable resources follow a natural
supply curve, production increases rapidly, slows, reaches a peak and
then declines at a rapid pace similar to its initial increase.
The major question for petroleum is not whether production will peak,
this is one of the four studies your government paid for and is now
ignoring. It's not whether the production will peak but when. Oil is
not infinite in its supply, it is finite. There is only so much.
One day we will reach our maximum capabilities for producing oil.
There are many estimates of recoverable petroleum reserves giving rise
to many estimates of when peak oil will occur and how high the peak
will be. A careful review of all the estimates leads to the conclusion
that world oil production may peak within a few short years, after
which it will decline.
Once peak oil curves, then the historic patterns of world oil demand
and price cycles will cease. They might have gone on to explain what
that's going to do to our economy.
The next slide--and I have to go back more than 50 years to put this
in context--on the 8th day of March in 1956, the most important speech,
what I think will certainly recognize will be the most important speech
of the last century was given, and this speech was given by a Shell Oil
Company scientist, M. King Hubbert, to a group of physicians in St.
Paul, Minnesota.
At that time, the United States was king of oil. We were producing
more oil, consuming more oil and shipping more oil than any country in
the world. What M. King Hubbert told them was that in 16 short years,
14 short years, you are going to reach your maximum production of oil.
He made that prediction in 1956. And sure enough in 1970, the yellow
symbols here we reached our maximum production.
Now, the actual maximum production was a little bit higher, it was
the green squares there, and they tended to be a little bit higher
going down the slope on the other side of Hubbert's peak. Some would
have you believe the difference between M. King Hubbert's predictions
the gold triangles and the oil that we actually pump indicate that he
didn't really know what he was talking about.
Well, it did peak in 1970, and it did go down after that. If you
aren't a statistician, I think the average person would look at that
and say, gee, he really got it pretty right didn't he.
Now the red squares there on the other side represent the total
amount of oil that we pump, because he had only predicted the lower 48,
and we added huge amounts of oil from Alaska, a fourth of our total
production for the last several years, and from the Gulf of Mexico.
Even with those hugely large extra supplies, there was still just a
blip in the slope down the other side of Hubbert's peak.
Now the same person that predicted that the United States would be
peaking in 1970. In 1979, he predicted that the world would be peaking
about now.
We have kind of blown, not kind of, we have blown the last 28 years,
because by 1980, here we are in 1980, we looked back and, boy, M. King
Hubbert was right about the United States. We did peak in 1970. In
spite of drilling more oil wells than all the rest of the world put
together, we have not been able to make a liar out of M. King Hubbert.
Today we produce about half of the oil we produced in 1970. In the
lower 48 we produce way less than half of the oil that we produced
then.
{time} 1615
Now in 1979 he predicted that the world would be peaking about now.
The next chart has data from two entities in our world that are
pretty good at tracking how much oil we pump and use. By the way, we
use all we pump. There are no big reservoirs of oil waiting to be used.
I would caution that I don't think these entities have the same
fidelity in predicting how much more we will find in the future, but
they do a very good job of tracking what we've used. This is the EIA
and the IEA. The IEA is the International Energy Agency. You hear them
referred to. They are the ones that are tracking what is going on in
Iran with their nuclear thing. And the EIA is the Energy Information
Administration and is a part of our own Department of Energy. Both of
those have oil production plateauing; one of them for about 3 years,
and the other for about a year and a half.
What happens when demand keeps going up and supply stagnates? This
price curve shows you what happens. We had a comfortable dip here in
prices less than a year ago, but now they are skyrocketing, and $115 is
off the top of the chart. We need to make a new chart to show where
115.
The question I ask myself and audiences is: If M. King Hubbert was
right about the United States, which is a microcosm of the world, we
did peak in 1970, and it is clear every year after that we have less
and less oil, why wouldn't the United States be a microcosm of the
world, and he predicted the world would be peaking about now, why
wouldn't we have done something about that? Why have we continued to
behave as if gas and oil and coal were forever, that they would never
run out? What we want to do now is to rush out to our public lands to
offshore, to ANWR, and to drill. I asked them, if you can drill ANWR
tomorrow, what will you do the day after tomorrow? And there will be a
day after tomorrow.
I think about that. I have 10 kids and 16 grandkids and 2 great-
grandkids. They are going to be here the day after tomorrow. We are
leaving them a huge debt. Check my voting record, it is not my fault.
We are leaving them a huge debt, and I asked them, Wouldn't it be nice
if we left them a little oil. And they smile, and the next thing they
are asking, Would you vote to drill in ANWR. No, I won't. Or on our
public lands or offshore until you commit to me that you will use every
bit of energy you get from those sites to invest in alternative energy
because we have now run out of surplus energy. If we had any surplus
oil, it wouldn't be $115 a barrel today, would it. So I will vote to
drill there when I have a commitment that we will use all of the energy
we get there and invest it in the development of alternatives.
The next chart is a detailed chart of our production and decline.
Here is what M. King Hubbert predicted of Texas and the rest of the
United States. And then we have learned to get some gas from natural
gas liquids, a huge find in Alaska, a big find in the Gulf of Mexico,
just a blip in the slide down the other side of Hubbert's peak.
The next chart shows some projections of what we will find in the
future. Although with really good techniques and a lot of energy, we
have gone out there, a lot of incentives, we have looked for the last
remaining oil deposits and we have found less and less and less as time
goes on. What this curve does is smooth out the big bars we saw before.
Here we are at this point. They were projecting how much more we were
going to find. We don't have time, but there is a really interesting
metamorphosis that took place here.
The USGS, in trying to predict how much more oil we would find, has
several computer models. They put different data into those models, and
they get different results out. They have run many simulations, and
they put all of those simulations on a chart and they get the mean of
the simulations. They
[[Page 6309]]
think that they are putting in good data and so they should be getting
out good data. They take the mean of those, and they say this is the
most probable amount of oil we will find.
Somehow that ``F'' for frequency, maybe it was a bad font, but
somehow it showed up as a ``P'' or probability when it got to EIA. And
then they make some bizarre applications of statistics.
They say that the 50 percent probability, the green one here, which
they say is the mean, and of course 50 percent probability is not a
mean, it is 50 percent probability. They say the 50 percent probability
is more likely than the 95 percent probability. Of course that defies
logic in that it obviously is not more probable because the actual data
points have been following, as you expect they would follow, the 95
percent probability.
I will say again: These two agencies, the IEA and the EIA do a really
good job of tracking what we produce and use. I would be careful about
accepting their prognostications of what we are going to find.
The next chart is one from the first big study that I mentioned, one
of the four that your government paid for and it is largely ignoring.
This is called the Hirsch Report done by SAIC, a huge, international,
very prestigious, scientific engineering organization.
I have highlighted this phrase because it is so shocking. ``The world
has never faced a problem like this. There is no precedent in history
to guide us.''
We have never faced a problem like this. You cannot go back in
history and find any problem that will help you decide how you are
going to get through this. The world has never faced a problem like
this.
The next chart. They say that the peaking of world oil production
presents the United States and the world with an unprecedented risk
management problem. They say that the economic, social and political
cost will be unprecedented. Wow, strong words. The world has never
faced a problem like this, unprecedented risk management problem.
Nothing like it in history. Nothing to guide you. The economic, social
and political cost will be unprecedented.
The next chart is a schematic. This shows what we have been talking
about, a 2 percent rate of growth, doubles in 35 years. The yellow
there is 35 years. I think we are about here. Notice the shortfall
occurs a little before peaking, although the IEA and the EIA both have
oil peaking, so we may be about at that point.
Most people when they look at that chart say we have to fill that
yellow space because we have to have all of the liquid fuels that we
would like to use. I will submit, Mr. Speaker, that it is exceedingly
unlikely that we will be able to fill that blank to make up for the
deficit between what we would like to use and what will be available.
Filling the gap, I think, is not feasible. And what Hyman Rickover
cautioned 50 years ago, 51 years ago now, we should note today, and
that is we need to plan in an orderly fashion to move from fossil fuels
to sustainable renewables because geology will demand it. We will move
when the oil is not there, when the gas is not there, and when the coal
is not there. Then we will have moved to alternatives. Whether that is
a bumpy ride or a really bumpy ride will depend on what we do now and
in the immediate future.
The next chart is a really interesting one because it shows us again
this rapidly accelerating use of oil, then the recession of the 1970s,
and a lesser slope after that. This chart assumes that we may find as
much more oil as all the recoverable oil we now know exists. Most
experts believe that roughly, at the end of the day, there will have
been roughly two trillion barrels of oil pumped. We have pumped about a
trillion barrels now. Most experts believe we have another trillion
barrels to pump. This assumes that we are going to have a total of
three trillion barrels.
Now if we have one trillion barrels remaining of the two original, we
have pumped one and if there is a total of three, that means that they
are presuming that we are going to find another trillion barrels of
oil. If we do that, by their own calculations it will simply move the
peak out from around 2000 or a little after 2000 to 2016. That is not
very far. That is the effect of exponential growth.
During the Carter years, every decade we used as much oil as had been
used in all of previous history. That is a stunning statistic. Thank
goodness for those oil price spike shocks and the efficiency that
resulted from that or else we would be in a really troubled world
today.
What that means is if you use as much each decade as you use in all
of previous history, when you have used half of the world's oil, which
is where we are, then you would have 10 years of oil remaining. We have
slowed down so if you do those calculations, the 88 million barrels a
day, a trillion barrels remaining, that comes out to roughly 30 years.
It is not going to be 30 years of constant production and then fall off
the cliff because it is going to be harder and harder to get, more and
more expensive, and getting less and less each year no matter what we
do.
The next chart is a quote, very recent quote, January 22 of this
year, by the CEO of Shell Oil, Royal Dutch Shell. ``By the year 2100,
the world's energy system will be radically different from today's. The
world's current predicament limits our maneuvering room. We are
experiencing a step change in the growth rate of energy demand and
Shell estimates after 2015, supplies of easy-to-access oil and gas will
no longer keep up with demand.'' That may have already happened, as we
noted from that former chart and as we see with gas over $10 and oil
over $115 a barrel.
``As a result'' he says, ``society has no choice but to add other
energy sources.''
Have you noticed society doing that at any aggressive clip?
The next chart, and I want to spend some meaningful amount of time
looking at what are those alternatives. We are very much like the young
couple whose grandparents have died and left them a big inheritance.
The young couple has now established a really lavish life style. They
are living it up. Eighty-five percent of all the money they spend comes
from their grandparents' inheritance--coal, petroleum, natural gas--and
only 15 percent of it comes from their income. Now they look at how old
they are, they look at their grandparents' inheritance, and see it is
going to run out before they retire. They have to spend less or make
more. That's exactly where we are.
Eighty-five percent of all of the energy we use is the equivalent of
our grandparents' inheritance. We inherited it. It is there in the
ground, coal, oil and gas. And only 15 percent of the energy we use is
something else.
Now this 85 percent is going away. We have reached the maximum
production, and if the world is going to follow the model of the United
States, no matter what we do, the production in the world is going to
be less and less, harder and harder to get, more and more expensive.
That has happened in our country. And in spite of drilling more oil
wells than all of the rest of the world together, and in spite of
having the best oil people in all of the world, we have not been able
to make M. King Hubbert out to be a liar because we still today, with
all of that technology, with 530,000 producing oil wells, we still are
producing only about half of the oil that we produced in 1970.
{time} 1630
Well, what are the alternatives? What will we be using at the end of
this magnificent age of oil?
And Hyman Rickover didn't know how long it would last. They were
about 100 years into the age of oil. Oil had not peaked then. It
wouldn't peak for another 50 years, 51 years or so, so he had no idea
how long it lasted. But he said how long it lasted was important in
only one regard; that the longer it lasted, the more time we would have
to plan a rational transition from oil to other sustainable renewable
sources of fuel.
Well, here we are today, and what have we done?
The President said in one of his State of the Union addresses that we
are hooked on oil. We are indeed. And I
[[Page 6310]]
think that rushing out there to drill in public lands, to drill in
ANWR, to drill offshore is exactly the equivalent of giving a dope
addict another fix. As the President says, we really, really do have to
wean ourselves from these fossil fuels.
By the way, there are three groups out there that want to do this for
very different reasons. One of those groups is the national security
group that I mentioned that is really concerned that we have only 2
percent of the oil, and use 25 percent of the oil, and import almost
two-thirds of what we use. Our second largest importer now is Saudi
Arabia. It was Mexico. They've fallen back. That really places us in a
very precarious position.
The President has indicated that we really must transition from these
fossil fuels to renewables. What will they be?
And here we have a brief listing, and I think that this subtends
about all of the possible renewables. By the way, we get more than the
non fossil fuel energy nuclear power. 8 percent of the 15 percent is
nuclear. We get about 20 percent of our electricity from nuclear. It's
down just a little. Now 19 something, roughly 20.
The French get about 75, 80 percent. But we still produce more
nuclear than France because we have a whole lot bigger economy than
France has. We're the largest nuclear power producers in the world.
That could and probably should grow. Only 7 percent in other
renewables.
The things that I'm very fond of are solar and wind. I have a place
off-grid, and I have solar panels and I have wind machines and
batteries for storage, and so I'm a huge fan of solar and wind.
But these were 1 percent of 7 percent in 2000. They're really
growing, growing maybe 30, 40 percent a year. That's huge growth. So
they're four or five times bigger. .28 percent, big deal because this
is only .07 percent. So these things that will be important sources of
energy in the future are now very small, growing; rapidly, but still
very small.
Wood, this is the paper industry and the timber industry wisely using
what would otherwise be a waste product, and there's not a huge
potential for growth there without doing what North Korea, has done,
for instance. They're just cutting down their forests.
Waste energy, that's very popular. And there's a great facility up
here in Northern Montgomery County. I've been by. I would be proud to
have it by my church. It looks really nice. The waste comes in in big
containers and in railroad cars and I don't even see it. And they
handle it very well. I didn't even smell it when I was there.
But I want to caution that this huge waste stream is the result,
largely the result of profligate use of fossil fuels. Look at it.
Almost everything in that waste stream was the result of using oil, gas
or coal. It's a really great idea now. Recycle what you can, burn
what's left, better than burying it in the ground somewhere. But that's
not a silver bullet, not a solution to our problem because in an
energy-deficient world, this is really going to shrink because the
energy just isn't going to be there to create all this waste.
Conventional hydro. Huge. We've tapped out on that in our country.
We've probably dammed up some rivers we shouldn't have dammed up. But
some people believe we could get as much from micro hydro. There's some
really good small pelt wheels and turbines and so forth.
Alcohol fuel. 1 percent back then. Now, we've had a huge push for
alcohol fuel.
There have been two big bubbles that have broken, two big hopes. One
of them was the hydrogen economy. You don't hear very many people
talking about it anymore. I think it's probably sunk in that hydrogen
is not free for the having. There's no place you can go, like you can
go for coal or gas or oil and drill a hole and get hydrogen.
You get hydrogen by using one energy source, using another energy
source to create the hydrogen. You split water, or you use electricity,
or you get it from natural gas. But you will always use more energy
getting the hydrogen than you will get out of the hydrogen. That's the
second law of thermodynamics. And if we can violate that law, why we
can set aside the law of gravity, and then we won't have the kind of
problems that we have today with energy, will we? That's an inviolate
law that won't change.
So why are we talking about hydrogen if you will never get as much
energy out of the hydrogen as it took to make the hydrogen? For two
reasons. One, when you finally burn it, the product you get is the
oxide of hydrogen. It's burned hydrogen. We call it water. When you
look at water, it's burned hydrogen is what it is. And it's really
clean, isn't it?
And the second thing is it's a great candidate for a fuel cell, which
is probably at least two decades off. So you don't hear much talk about
hydrogen. It may 1 day be an important part of our energy economy, but
that day must await, I think, the development of the fuel cell because
if you're simply going to put hydrogen in a reciprocating engine, why
wouldn't you put the fuel from which you made the hydrogen in your
reciprocating engine and save that fuel loss in the transition?
The second big bubble that broke was the corn ethanol bubble. And I
really had high hopes for this before I did some back of the envelope
computations, because I saw our farmers who were getting too little for
their crops, huge energy represented in these crops, and I think they
will make a meaningful contribution to our energy future. But not in
the dimensions that were anticipated for corn ethanol.
The National Academy of Sciences, and this isn't Roscoe Bartlett,
this is National Academy of Sciences, although my back of the envelope
computations came to the same conclusion. The National Academy of
Sciences says if we use all of our corn for ethanol, every bit of it,
use all of it for ethanol, and discounted it for the fossil fuel input,
which is huge, in fact, some people believe if you really cost account
all the fossil fuel energy that goes into producing ethanol, more
energy goes in than you get out of this. They were using 80 percent,
which is probably not bad; that that would displace 2.4 percent of our
gasoline. That's all of our corn, displace 2.4 percent of our gasoline.
They noted wryly that you could save as much gas if you tuned up your
car and put air in the tires. And by the way, you would save half your
gas if there was two people in every vehicle out there instead of one
which is in most vehicles. You would save half your gas if your vehicle
got 40 miles per gallon, rather than 20 miles per gallon, both of which
are very doable with a little planning and buying the right car, by the
way.
I think was 2 or 3 days ago there was a major headline above the fold
in the New York Times saying that Third World leaders were complaining
to us that we were starving their people because the high price of corn
incented our farmers to shift land from wheat and soybeans to corn.
That drove up the price of wheat and soybeans. There have been some
problems producing rice around the world and, anyway, these commodities
tend to more together. So the four basic foods of the poorest people in
the world, they said, have been driven up drastically, essentially
doubled in price, because we're making corn ethanol.
Hyman Rickover, by the way, I don't have that quote here but please
do a Google search for Rickover and energy speech, and it'll pop up. He
cautioned that you probably shouldn't be eating your food. 51 years
ago. Maybe we should have listened.
Geothermal. That's true geothermal. That's not hooking your heat pump
to ground temperature, which is a really good idea. If you think about
what you're asking that heat pump to do this winter, if it wasn't
hooked to ground temperature, you were asking it to cool the outside
air, which might have been 10 degrees, so that it could warm up your
air in the house. That's what you're doing.
How much easier its job would have been if it had been looking at 56
degrees, rather than 10 degrees, because 56 degrees is what ground
temperature in here, it's mean annual temperature, it's what the water
is that comes out of the wells.
[[Page 6311]]
Now, this summer, if you have an air conditioner in your window, and
it's not a heat pump tied to the ground, what that air conditioner is
going to be trying to do is heating up the 100 degree air outside so it
can cool your house inside. Pretty tough job.
But if you had tied that air conditioner to ground temperature, now
it's looking at 56, which looks really cool, compared to 100, doesn't
it?
I didn't understand this phenomenon as a 7-year old, and I grew up
without electricity and an inside toilet on a farm, and we kept our
food in a spring house. And I thought there was something magic in that
spring house and I didn't understand it, but I knew it was magic
because I went in that spring house in the summertime and it was so
cool. And I went in that spring house in the winter time and it was so
warm.
Of course, when it was 100 outside, that spring house, which was
maybe 65, that was Pennsylvania, it'd be a little colder than here,
maybe 60 or so, that really seemed cool. In the winter time 60 seemed
really warm compared to the zero or 10 degrees outside, so I thought
there was something magic in that spring house.
The next chart takes a little deeper look at some of our
alternatives. Now, we do have some finite resources, and we can exploit
those, and we will exploit those, and we should exploit those, but they
are finite. Some of them are huge.
The first of these are the tar sands in Canada. They are huge.
There's as much potential oil in those tar sands as there is in all of
the known reserves of oil in the world, more actually.
So why aren't we euphoric over that? It's because it's very difficult
to get.
The Canadians are now using natural gas, which will run out. They're
pumping water, which will run out. They're creating a huge tailings
pond, which is kind of an environmental disaster, and they're producing
a million barrels a day. That's a lot. It's a little over 1 percent of
what the world uses. We use about 88 million barrels a day.
But they know it's not sustainable because they're going to run out
of gas, they're going to run out of water, and what they're now
exploiting is kind of on the surface, and it will soon kind of duck
under an overlay, so they have to develop it in situ, and they aren't
quite sure how to do that.
So there's a huge amount of energy there, potential. But there's also
a huge amount of potential energy in the tides. The moon lifts the
whole darned ocean 2 or 3 feet. That's a huge amount of energy.
But, you know, getting that in your gas tank is quite another thing.
Energy, to be effective, must be concentrated, and in the tides it
certainly isn't concentrated.
Now in our west we have oil shales, and they are really huge, maybe
even bigger than the tar sands in Canada. Nobody yet is commercially
exploiting those. There are some vigorous attempts today, and there may
be some exploitation of those. There's at least a trillion barrels,
maybe a trillion and a half, two trillion barrels there. And different
experts differ on how much of that may be recoverable. But, again,
because it's there, it's not in your gas tank, we will recover some of
that.
As oil goes up, Goldman Sachs says by the end of the year it could be
150, $200 a barrel. Who knows?
The more expensive oil gets, the more sources there are of oil
because you can now use oil which would have been prohibitive in cost
with oil at lower prices.
Coal. I know a lot of people who say, don't worry about the future;
we have sure supplies of coal. We have 250 years of coal, at current
usage rates.
Be very careful, calibrate what people say when they tell you at
current use rates. Now, if we had 250 years of coal, and we don't, I'll
come to that in a moment. But if we had 250 years of coal at current
use rates, if you increase that use only 2 percent, that's not much, we
will have to do more than that. But if you increase it only 2 percent
it shrinks to 85 years. The power of compound growth.
And if you use some of the energy coal to make it a gas or a liquid,
because you can't put coal in the trunk of your car and go down the
road, it now shrinks to 50 years.
And when one other observation. We have no alternative but to share
it with the world. Let me tell you why. Because if we get oil from
coal, we're then not buying some Saudi oil, which somebody else can
buy, so it has the exact effect of sharing it with the world. That is
inescapable. There is no way to avoid that.
So now that 50 years, since we use a fourth of the world's supply,
and that 250 years was at current use rates for us in this country, not
the whole world, now that 50 years, divided by four, shrinks to 12\1/2\
years. So if we had 250 years of coal and we increased its use only 2
percent, converted it to a gas or a liquid and shared it with the
world, and we have no alternative, it'll last 12\1/2\ years.
{time} 1645
But the National Academy of Sciences says we haven't looked at the
coal reserves since the 1970s and they believe there is more like 100
years at current use rates. So that 85 years and 50 years now shrink to
something roughly half of that, and the 12\1/2\ years sharing it with
the world may shrink to something like 5 or 6 or so years sharing it
with the world.
The coal is there. It is huge. But our use of energy in the world is
huge, huge. Eighty-eight million barrels a day, each barrel having the
energy equivalent of 12 people working all year. That's an incredible
amount of energy. Just look at the road you travel home on tonight and
see the cars there, and that's replicated 1,000 times in our country
and thousands of times around the world.
I was in Beijing a little while ago and they banned bicycles in parts
of Beijing. There is no room for them. So many cars on the road. I was
late to an appointment in Beijing because of traffic jams, late to an
appointment in Moscow because of traffic jams there. I was there in
1973, and the streets were almost devoid of cars. You saw a military
vehicle now and then. That's all you saw then. A whole different world
now.
Well, there's nuclear, and we now get 8 percent of our total energy,
almost 20 percent of our electricity from nuclear that could and
probably should grow. But the nuclear we're now using, which is
whitewater reactors using fissionable uranium is limited because there
is a limited supply of fissionable uranium. That won't last forever.
There are breeder reactors. Nobody uses them for energy production.
The breeder reactors, as the name implies, make more fuel than they
use. You buy some problems with those, like you have to enrich the fuel
and it's weapon's grade stuff and you have to move it around and
there's challenges for terrorists getting it and such; but you get
energy from it.
Then there is the only silver bullet that gets us home free, and that
is nuclear fusion. I happily vote for the roughly $250 million a year
that we spend developing that. We're joining with other countries in
helping to develop that. I think the probability is low that we will
ever be able to exploit that on a commercial scale.
Now, if you're sanguine believing that we're going to solve our
energy problem with nuclear fusion, you probably think you can solve
your personal financial problems by winning the lottery. You might do
it. But the odds of you solving your personal financial problems by
winning the lottery are about the same as our solving our energy
problems by using fusion.
But because it is such an incredible source, the only thing that gets
us home free, I happily support, and I would support more money if we
had more skilled people out there who could be looking at this.
The next big bubble that we're talking about now is biomass, and I
would caution, how much more energy you think that we can get from
wastelands out there that aren't good enough to grow corn and soybeans
on, that we could get from all of our corn and all of our soybeans?
I would like to take the last couple of minutes to note a couple of
things that we have been doing.
[[Page 6312]]
I have a bill, and this is going to give a prize to the first farm
that can be totally energy independent. If our farms can't be energy
independent, we're really in trouble, aren't we?
The next chart is a bill, the Drive Act. That will encourage the
development of vehicles that are more efficient that are flex-fuel. You
can use any fuel. Not corn ethanol, but any of the alternative fuels.
I would just like to note that I find this whole challenge
exhilarating. There is no exhilaration like meeting and overcoming a
huge challenge. I spent some time going over these potential
alternatives. I just want realistic expectations. There's no silver
bullet out there. It's going to be a little of this and a little of
that. And America is very good at that.
What we need in this country is a program that has a total commitment
of World War II. I lived through that war. I'll be 82 years old on my
next birthday, about 6 weeks from now. I lived through that war.
We need the technology commitment that we had when we put a man on
the moon, that focus, and we need the urgency of the Manhattan Project.
And I think that Americans are up to this challenge. I think we can
lead the world in developing the technology to take us away from the
fossil fuels to these other sources of energy.
The next chart I have already gone through. I will indulge for just a
moment with the last chart. This is a great one to end on.
Mr. Speaker, this is a chart that shows how satisfied you are with
life and how much energy you use. There are 22 countries, some of them
using half the energy that we use that are happier with life than we
are. There's lots and lots of opportunities out there to live really
well using less energy, and that's our challenge, and with proper
leadership, America is up to it.
____________________
EXTENDING LEAST-DEVELOPED BENEFICIARY DEVELOPING COUNTRY BENEFITS TO
THE SOLOMON ISLANDS--MESSAGE FROM THE PRESIDENT OF THE UNITED STATES
(H. DOC. NO. 110-105)
The SPEAKER pro tempore (Mr. Yarmuth) laid before the House the
following message from the President of the United States; which was
read and, together with the accompanying papers, without objection,
referred to the Committee on Ways and Means and ordered to be printed:
To the Congress of the United States:
In accordance with section 502(f)(1)(B) of the Trade Act of 1974, as
amended (the ``Act''), I am providing notification of my intent to add
the Solomon Islands to the list of least-developed beneficiary
developing countries under the Generalized System of Preferences (GSP)
program. In Executive Order 12302 of April 1, 1981, the Solomon Islands
was designated as a beneficiary developing country for purposes of the
GSP program. After considering the criteria set forth in sections 501
and 502 of the Act, I have determined that it is appropriate to extend
least-developed beneficiary developing country benefits to the Solomon
Islands.
George W. Bush.
The White House, April 17, 2008.
____________________
HOUSE BILLS APPROVED BY THE PRESIDENT
The President notified the Clerk of the House that on the following
dates, he had approved and signed bills of the following titles:
January 7, 2008:
H.R. 660. An Act to amend title 18, United States Code, to
protect judges, prosecutors, witnesses, victims, and their
family members, and for other purposes.
H.R. 3690. An Act to provide for the transfer of the
Library of Congress police to the United States Capitol
Police, and for other purposes.
January 8, 2008:
H.R. 2640. An Act to improve the National Instant Criminal
Background Check System, and for other purposes.
January 28, 2008:
H.R. 4986. An Act to provide for the enactment of the
National Defense Authorization Act for Fiscal Year 2008, as
previously enrolled, with certain modifications to address
the foreign sovereign immunities provisions of title 28,
United States Code, with respect to the attachment of
property in certain judgements against Iraq, the lapse of
statutory authorities for the payment of bonuses, special
pays, and similar benefits for members of the uniformed
services, and for other purposes.
January 31, 2008:
H.R. 5104. An Act to extend the Protect America Act of 2007
for 15 days.
February 5, 2008:
H.R. 3432. An Act to establish the Commission on the
Abolition of the Transatlantic Slave Trade.
February 13, 2008:
H.R. 5140. An Act to provide economic stimulus through
recovery rebates to individuals, incentives for business
investment, and an increase in conforming and FHA loan
limits.
February 14, 2008:
H.R. 4253. An Act to improve and expand small business
assistance programs for veterans of the armed forces and
military reservists, and for other purposes.
February 15, 2008:
H.R. 3541. An Act to amend the Do-not-call Implementation
Act to eliminate the automatic removal of telephone numbers
registered on the Federal ``do-not-call'' registry.
February 28, 2008:
H.R. 1216. An Act to direct the Secretary of Transportation
to issue regulations to reduce the incidence of child injury
and death occurring inside or outside of light motor
vehicles, and for other purposes.
H.R. 5270. An Act 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.
February 29, 2008:
H.R. 5264. An Act to extend the Andean Trade Preference
Act, and for other purposes.
H.R. 5478. An Act to provide for the continued minting and
issuance of certain $1 coins in 2008.
____________________
SENATE BILLS APPROVED BY THE PRESIDENT
The President notified the Clerk of the House that on the following
dates, he had approved and signed bills of the Senate of the following
titles:
January 4, 2008:
S. 2436. An Act to amend the Internal Revenue Code of 1986
to clarify the term of the Commissioner of Internal Revenue.
January 7, 2008:
S. 863. An Act to amend title 18, United States Code, with
respect to fraud in connection with major disaster or
emergency funds.
February 6, 2008:
S. 2110. An Act to designate the facility of the United
States Postal Service located at 427 North Street in Taft,
California, as the ``Larry S. Pierce Post Office''.
March 6, 2008:
S. 2571. An Act to make technical corrections to the
Federal Insecticide, Fungicide, and Rodenticide Act.
S. 781. An Act to extend the authority of the Federal Trade
Commission to collect Do-Not-Call Registry fees to fiscal
years after fiscal year 2007.
March 11, 2008:
S. 2478. To designate the facility of the United States
Postal Service located at 59 Colby Corner in East Hampstead,
New Hampshire, as the ``Captain Jonathan D. Grassbaugh Post
Office''.
March 12, 2008:
S. 2272. An Act to designate the facility of the United
States Postal Service known as the Southpark Station in
Alexandria, Louisiana, as the John ``Marty'' Thiels Southpark
Station, in honor and memory of Thiels, a Louisiana postal
worker who was killed in the line of duty on October 4, 2007.
March 14, 2008:
S. 2745. An Act to extend agricultural programs beyond
March 15, 2008, to suspend permanent price support
authorities beyond that date, and for other purposes.
S.J. Res. 25. Joint Resolution providing for the
appointment of John W. McCarter as a citizen regent of the
Board of Regents of the Smithsonian Institution.
March 24, 2008:
S. 2733. An Act to temporarily extend the programs under
the Higher Education Act of 1965.
____________________
LEAVE OF ABSENCE
By unanimous consent, leave of absence was granted to:
Mr. Pallone (at the request of Mr. Hoyer) for today.
Ms. Ginny Brown-Waite of Florida (at the request of Mr. Boehner) for
today through April 24 on account of a family medical emergency.
____________________
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 Ms. Woolsey) to revise and
extend their remarks and include extraneous material:)
[[Page 6313]]
Ms. Woolsey, for 5 minutes, today.
Mr. DeFazio, for 5 minutes, today.
Mr. Schiff, for 5 minutes, today.
Ms. Jackson-Lee of Texas, for 5 minutes, today.
(The following Members (at the request of Mr. Price of Georgia) to
revise and extend their remarks and include extraneous material:)
Mr. Tancredo, for 5 minutes, today.
Mr. Poe, for 5 minutes, April 24.
Mr. Jones of North Carolina, for 5 minutes, April 24.
Mr. Price of Georgia, for 5 minutes, today.
____________________
ENROLLED BILL SIGNED
Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled a bill of the House of the following title, which was
thereupon signed by the Speaker:
H.R. 5813. An act to amend Public Law 110-196 to provide
for a temporary extension of programs authorized by the Farm
Security and Rural Investment Act of 2002 beyond April 18,
2008.
____________________
SENATE ENROLLED BILL SIGNED
The Speaker announced her signature to an enrolled bill of the Senate
of the following title:
S. 793--An act to provide for the expansion and improvement
of traumatic brain injury programs.
____________________
ADJOURNMENT
Mr. BARTLETT of Maryland. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 4 o'clock and 54 minutes
p.m.), under its previous order, the House adjourned until tomorrow,
Friday, April 18, 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:
6138. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Inert Ingredients: Denial of Pesticide
Petitions 2E6491 (N-Acyl Sarcosines and Sodium N-Acyl
Sarcosinates), 7E4810 (Crezasin), and 7E4811 (Mival) [EPA-HQ-
OPP-2002-0201; FRL-8342-4] received February 4, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
6139. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Clothianidin; Pesticide Tolerance
[EPA-HQ-OPP-2007-0280; FRL-8346-9] received January 28, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
6140. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- North Dakota: Final Authorization of
State Hazardous Waste Management Program Revisions and
Incorporation by Reference of Approved Hazardous Waste
Program [EPA-R08-RCRA-2006-0501; FRL-8524-7] received
February 4, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
6141. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of
Implementation Plans and Operating Permits Program; State of
Kansas [EPA-R07-OAR-2007-0829; FRL-8526-2] received February
4, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
6142. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Maine; Transportation
Conformity [EPA-R01-OAR-2007-1054; A-1-FRL-8524-9] received
February 4, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
6143. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Final Rule; Ohio; Revised Oxides of
Nitrogen (NOX) Regulation, Phase II, and Revised
NOX Trading Rule [EPA-R05-OAR-2007-1085; FRL-8519-
1] received January 28, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
6144. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Approval and Promulgation of Air
Quality Implementation Plans; Ohio; Clean Air Interstate Rule
[EPA-R05-OAR-2007-0390; FRL-8519-6] received January 28,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
6145. A letter from the Director, Regulatory Management
Division, Environmental Protection Agency, transmitting the
Agency's final rule -- Adequacy of Nebraska Municipal Solid
Waste Landfill Program [EPA-R07-RCRA-2006-0878; FRL-8523-2]
received January 28, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
6146. A letter from the Executive Director, Office of
Compliance, transmitting a copy of the 2007 Annual Report of
the Office of Compliance, pursuant to Section 301(h) of the
Congressional Accountability Act (CAA); jointly to the
Committees on Education and Labor and House Administration.
6147. A letter from the Chairman and Chief Executive
Officer, Farm Credit Administration, transmitting a report on
the proposed fiscal year 2009 budget; jointly to the
Committees on Oversight and Government Reform and
Agriculture.
6148. A letter from the Chief Counsel for Advocacy, Small
Business Administration, transmitting the Administration's
Report on the Regulatory Flexibility Act, FY 2007, pursuant
to 5 U.S.C. 612(a) Public Law 96-354, section 3(a); jointly
to the Committees on the Judiciary and Small Business.
6149. A letter from the Chair, Good Neighbor Environmental
Board, transmitting the eleventh annual report of the Good
Neighbor Environmental Board; jointly to the Committees on
Transportation and Infrastructure 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. RAHALL: Committee on Natural Resources. H.R. 3513. A
bill to amend the Oregon Wilderness Act of 1984 to designate
the Copper Salmon Wilderness and to amend the Wild and Scenic
Rivers Act to designate segments of the North and South Forks
of the Elk River in the State of Oregon as wild or scenic
rivers, and for other purposes; with an amendment (Rept. 110-
591). Referred to the Committee of the Whole House on the
State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 831. A
bill to provide for the conveyance of certain Forest Service
land to the city of Coffman Cove, Alaska; with an amendment
(Rept. 110-592). Referred to the Committee of the Whole House
on the State of the Union.
Mr. RAHALL: Committee on Natural Resources. H.R. 3734. A
bill to rename the Snake River Birds of Prey National
Conservation Area in the State of Idaho as the Morley Nelson
Snake River Birds of Prey National Conservation Area in honor
of the late Morley Nelson, an international authority on
birds of prey, who was instrumental in the establishment of
this National Conservation Area, and for other purposes
(Rept. 110-593). Referred to the House Calendar.
Mr. WAXMAN: Committee on Oversight and Government Reform.
H.R. 3928. A bill to require certain large government
contractors that receive more than 80 percent of their annual
gross revenue from Federal contracts to disclose the names
and salaries of their most highly compensated officers, and
for other purposes; with an amendment (Rept. 110-594).
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 were
introduced and severally referred, as follows:
By Mr. MANZULLO (for himself and Mr. Smith of
Washington):
H.R. 5828. A bill to enhance the reliability of information
in the Automated Export System, and for other purposes; to
the Committee on Foreign Affairs.
By Mr. SIRES (for himself, Mr. Frank of Massachusetts,
and Mr. Meek of Florida):
H.R. 5829. A bill to improve the Operating Fund for public
housing of the Department of Housing and Urban Development,
and for other purposes; to the Committee on Financial
Services.
By Mr. FRANK of Massachusetts (for himself, Ms. Waters,
Mrs. Maloney of New York, Mr. Watt, Mr. Ackerman, Mr.
Meeks of New York, Mr. Clay, Mr. Lynch, Mr. Al Green
of Texas, Ms. Moore of Wisconsin, Mr. Lincoln Davis
of Tennessee, Mr. Hodes, Mr. Wilson of Ohio, Mr.
Perlmutter, Mr. Murphy of Connecticut, Mr. Donnelly,
Mr. Wexler, Mr. Shays, Ms. Ginny Brown-Waite of
Florida, Mr. Dingell, Ms. Schakowsky, Mr. Levin, Mr.
Hinchey, Mr. Fattah, Mr. Jackson of Illinois, Mrs.
Christensen, Ms. Lee, Mr. Wu, Ms. McCollum of
Minnesota, Mr. Van Hollen, Mr. Butterfield, Mr.
Courtney, Mr. Sestak, Mr. Sires, and Ms. Tsongas):
H.R. 5830. A bill to create a voluntary FHA program that
provides mortgage refinancing assistance to allow families to
stay in their
[[Page 6314]]
homes, protect neighborhoods, and help stabilize the housing
market; to the Committee on Financial Services.
By Mrs. GILLIBRAND:
H.R. 5831. A bill to amend the National Defense
Authorization Act for Fiscal Year 2008 to provide injured
members of the Armed Forces information concerning benefits;
to the Committee on Armed Services.
By Mrs. GILLIBRAND:
H.R. 5832. A bill to amend title 10, United States Code, to
eliminate the requirement for dependents to reside with
members of the Armed Forces to be eligible for TRICARE Prime
Remote; to the Committee on Armed Services.
By Mr. DeFAZIO:
H.R. 5833. A bill to amend title 28, United States Code, to
provide for the direct payment of attorney fees and costs to
the attorney representing a prevailing party in certain
Social Security Disability Insurance and Supplemental
Security Income claims, and for other purposes; to the
Committee on the Judiciary.
By Ms. ROS-LEHTINEN (for herself, Mr. Berman, Mr. Smith
of New Jersey, Mr. Ackerman, Mr. Burton of Indiana,
Mr. Chabot, Mr. Inglis of South Carolina, and Mr.
Fortuno):
H.R. 5834. A bill 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;
to the Committee on Foreign Affairs.
By Ms. SCHAKOWSKY (for herself, Mr. Burgess, Ms.
DeGette, Mr. Towns, Mr. Gene Green of Texas, Mr.
Gordon, Mr. Terry, Mr. Hinojosa, Mr. Ferguson, Ms.
Bordallo, Ms. Solis, and Mrs. Capps):
H.R. 5835. A bill to provide for increased planning and
funding for health promotion programs of the Department of
Health and Human Services; to the Committee on Energy and
Commerce.
By Mr. CARNAHAN:
H.R. 5836. A bill to amend the Foreign Assistance Act of
1961 to authorize the President to provide assistance to
establish partnerships between businesses and postsecondary
educational institutions in developing countries in Africa to
increase economic freedom and competitiveness, promote civil
society, and improve the quality of life in such countries;
to the Committee on Foreign Affairs.
By Ms. ZOE LOFGREN of California (for herself, Mr.
Fortenberry, Mr. Conyers, Mr. Sensenbrenner, Mr.
Skelton, Mr. Hunter, Mr. Berman, Ms. Ros-Lehtinen,
Mr. Blumenauer, Mr. Smith of New Jersey, Mr.
Perlmutter, Mr. Pence, and Ms. Jackson-Lee of Texas):
H.R. 5837. A bill to make technical corrections to section
1244 of the National Defense Authorization Act for Fiscal
Year 2008, which provides special immigrant status for
certain Iraqis, and for other purposes; to the Committee on
the Judiciary.
By Mr. GEORGE MILLER of California (for himself, Mr.
Grijalva, Mr. Tierney, and Mr. Andrews):
H.R. 5838. A bill to amend the National Labor Relations Act
to apply the protections of the Act to teaching and research
assistants; to the Committee on Education and Labor.
By Mr. BUYER (for himself, Mr. Matheson, Mr. Rogers of
Michigan, and Mr. Gene Green of Texas):
H.R. 5839. A bill to amend the Federal Food, Drug, and
Cosmetic Act to improve the safety of drugs; to the Committee
on Energy and Commerce.
By Mr. KANJORSKI (for himself, Ms. Bean, Mr. Royce, Mr.
Moore of Kansas, and Ms. Pryce of Ohio):
H.R. 5840. A bill to establish an Office of Insurance
Information in the Department of the Treasury; to the
Committee on Financial Services.
By Mr. MOORE of Kansas (for himself and Mr. Roskam):
H.R. 5841. A bill to provide regulatory relief and improve
productivity for insured depository institutions, and for
other purposes; to the Committee on Financial Services.
By Mr. FRANK of Massachusetts (for himself, Mr. Paul,
Mr. Rohrabacher, Mr. Farr, and Mr. Hinchey):
H.R. 5842. A bill to provide for the medical use of
marijuana in accordance with the laws of the various States;
to the Committee on Energy and Commerce.
By Mr. FRANK of Massachusetts (for himself and Mr.
Paul):
H.R. 5843. A bill to eliminate most Federal penalties for
possession of marijuana for personal use, and for other
purposes; to the Committee on the Judiciary, and in addition
to the Committee on Energy and Commerce, 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. WOOLSEY (for herself, Ms. Eshoo, Mr. Farr, Mr.
Honda, Ms. Lee, Ms. Zoe Lofgren of California, Mr.
George Miller of California, Mr. Stark, Mr. Thompson
of California, and Ms. Speier):
H.R. 5844. A bill to provide for the transfer of the
decommissioned Naval Security Group Activity, Skaggs Island,
in Sonoma County, California, from the Department of the Navy
to the Department of the Interior for conversion into a
wildlife refuge for inclusion in the National Wildlife Refuge
System; to the Committee on Armed Services.
By Mr. EMANUEL (for himself, Mr. George Miller of
California, Ms. Woolsey, Mrs. Maloney of New York,
Mr. Nadler, Mr. Ackerman, Mr. Costa, and Mr. Poe):
H.R. 5845. A bill to permit leave under the Family and
Medical Leave Act of 1993 for victims of violent crime and
domestic violence and immediate family members of victims of
violent crime and domestic violence to attend court
proceedings relating to such crimes; to the Committee on
Education and Labor, and in addition to the Committees on
Oversight and Government Reform, and House Administration,
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. ESHOO (for herself, Mr. Cannon, and Mr. Markey):
H.R. 5846. A bill to require the Federal Communications
Commission to auction spectrum for a free and open access
broadband service; to the Committee on Energy and Commerce.
By Mr. GARRETT of New Jersey (for himself, Mr. Poe, Mr.
McCotter, Mr. McHenry, Mr. King of Iowa, Mr. Broun of
Georgia, Mr. Bartlett of Maryland, Mr. Pence, Mr.
Feeney, Mr. Shadegg, Mr. Weldon of Florida, Mr.
Gohmert, Mr. Daniel E. Lungren of California, Mr.
Kuhl of New York, Mr. Lamborn, Mr. Shimkus, Mr.
Goode, and Mr. Bishop of Utah):
H.R. 5847. A bill to prohibit United States funding for the
2009 United Nations Durban Review Conference (``Durban II
Conference'') or any other activity relating to the planning,
preparation, or implementation of a follow-up meeting to the
2001 United Nations World Conference Against Racism, Racial
Discrimination, Xenophobia and Related Intolerance (``Durban
I Conference'') in Durban, South Africa; to the Committee on
Foreign Affairs.
By Mr. HOLT (for himself, Mr. George Miller of
California, and Ms. McCollum of Minnesota):
H.R. 5848. A bill to amend the Higher Education Act of 1965
to authorize a program to prepare teachers for digital age
learners; to the Committee on Education and Labor.
By Mr. MELANCON:
H.R. 5849. A bill to extend the returning worker exemption
to the H-2B numerical limitation; to the Committee on the
Judiciary.
By Mr. MILLER of Florida (for himself, Mr. Boyd of
Florida, and Mr. Bonner):
H.R. 5850. A bill to amend the Act entitled ``An Act
authorizing associations of producers of aquatic products''
to include persons engaged in the fishery industry as charter
boats or recreational fishermen, and for other purposes; to
the Committee on Natural Resources.
By Mr. SALAZAR (for himself and Mr. Udall of Colorado):
H.R. 5851. A bill to provide for orderly and balanced
development of energy resources within the Roan Plateau
Planning Area of Colorado, and for other purposes; to the
Committee on Natural Resources.
By Mr. TOWNS (for himself, Mr. Allen, Mr. Bartlett of
Maryland, Mr. Braley of Iowa, Mr. Langevin, Mr.
Reichert, Mr. Campbell of California, and Mrs. Bono
Mack):
H.R. 5852. A bill to prohibit the conducting of invasive
research on great apes, and for other purposes; to the
Committee on Energy and Commerce, and in addition to the
Committees on Ways and Means, and 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. TSONGAS:
H.R. 5853. A bill to expand the boundary of the Minute Man
National Historical Park in the Commonwealth of Massachusetts
to include Barrett's Farm, and for other purposes; to the
Committee on Natural Resources.
By Mr. VAN HOLLEN:
H.R. 5854. A bill to amend title 36, United States Code, to
grant a Federal charter to the Military Officers Association
of America, and for other purposes; to the Committee on the
Judiciary.
By Ms. VELAZQUEZ:
H.R. 5855. A bill to establish a program to provide grants
to help homeowners who are facing foreclosure to receive
professional counseling; to the Committee on Financial
Services.
By Ms. BALDWIN (for herself, Mr. Poe, Ms. Jackson-Lee
of Texas, Mr. Moran of Virginia, Mr. Holden, Mr.
Allen, Mr. Wynn, Mr. McDermott, Mr. Ellison, Mr.
Nadler, Ms. Wasserman Schultz, Mr. Moore of Kansas,
Ms. McCollum of Minnesota, Mr. Burton of Indiana,
Mrs. Maloney of New York, Ms. Matsui, Ms. DeLauro,
Ms. Sutton, Mr. Loebsack, Ms. Loretta Sanchez of
California, Mrs. Napolitano, Mr. Lewis of Georgia,
and Mr. Peterson of Minnesota):
[[Page 6315]]
H. Con. Res. 330. Concurrent resolution supporting the
goals and ideals of National Sexual Assault Awareness and
Prevention Month; to the Committee on the Judiciary.
By Mr. HINCHEY (for himself, Ms. Baldwin, Ms. Corrine
Brown of Florida, Mrs. Capps, Mr. Crowley, Mr.
Delahunt, Mr. Farr, Ms. Hooley, Ms. Kilpatrick, Mrs.
Bono Mack, Mrs. Maloney of New York, Ms. Matsui, Mrs.
McCarthy of New York, Ms. Norton, Ms. Pryce of Ohio,
Mr. Serrano, Mr. Snyder, and Ms. Sutton):
H. Con. Res. 331. Concurrent resolution supporting the
goals and ideals of National Women's Health Week, and for
other purposes; to the Committee on Energy and Commerce.
By Mr. McNERNEY:
H. Res. 1117. A resolution declaring the support of the
House of Representatives for the goals and ideals of Earth
Day and for developing the scientific and technological
capabilities to achieve those goals; to the Committee on
Science and Technology.
By Mr. FOSTER:
H. Res. 1118. A resolution honoring the life and
achievements of John Archibald Wheeler and expressing
condolences on his passing; to the Committee on Science and
Technology.
By Mr. PLATTS (for himself, Mr. Shays, Ms. Matsui, Mr.
Price of North Carolina, and Mr. McKeon):
H. Res. 1119. A resolution supporting the goals and ideals
highlighted through National Volunteer Week; to the Committee
on Education and Labor.
By Mr. ABERCROMBIE (for himself, Mr. Westmoreland, and
Mr. Simpson):
H. Res. 1120. A resolution supports the establishment of an
NCAA Division I Football Bowl Subdivision Championship
playoff system in the interest of fairness and to bring
parity to all NCAA teams; to the Committee on the Judiciary,
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. BISHOP of Utah:
H. Res. 1121. A resolution commending Miller Motorsports
Park, the county of Tooele, and the State of Utah for hosting
the Federation Internationale de Motocyclisme (FIM) Superbike
World Championship May 29 through June 1, 2008; to the
Committee on Foreign Affairs.
By Mrs. MUSGRAVE:
H. Res. 1122. A resolution recognizing Armed Forces Day; to
the Committee on Oversight and Government Reform.
By Mr. ROHRABACHER (for himself, Mr. Delahunt, Mr.
Chabot, Mr. Coble, Mr. Cohen, Mr. Duncan, Mr. Jones
of North Carolina, Ms. Kaptur, and Mr. Royce):
H. Res. 1123. A resolution calling on the President of the
United States not to commit the United States to any status
of forces agreement or any other bilateral agreement with the
Republic of Iraq that involves the continued presence of the
United States Armed Forces in Iraq unless the agreement
includes a provision under which the Republic of Iraq agrees
to reimburse the United States for all costs incurred by the
United States related to the presence of United States Armed
Forces in Iraq after the effective date of the agreement; to
the Committee on Foreign Affairs.
____________________
ADDITIONAL SPONSORS
Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:
H.R. 406: Mr. Aderholt, Mr. Bachus, Mr. Frelinghuysen, Mr.
Goodlatte, Mr. King of New York, Mr. King of Iowa, Mr.
Latham, Mr. Smith of New Jersey, and Mr. Weller.
H.R. 503: Mr. Scott of Virginia.
H.R. 510: Mr. Bachus and Mr. Marchant.
H.R. 583: Ms. Giffords.
H.R. 643: Ms. Pryce of Ohio and Mr. Davis of Alabama.
H.R. 715: Ms. Kilpatrick.
H.R. 741: Mr. Boucher.
H.R. 821: Mr. Levin.
H.R. 826: Mr. Wamp.
H.R. 998: Ms. Zoe Lofgren of California.
H.R. 1076: Mr. Carney.
H.R. 1108: Mr. Murtha.
H.R. 1110: Mr. Inslee.
H.R. 1113: Mr. Cohen and Mr. Holt.
H.R. 1157: Mrs. Christensen.
H.R. 1222: Mr. Wittman of Virginia.
H.R. 1228: Mr. Honda.
H.R. 1232: Mr. Braley of Iowa.
H.R. 1245: Mr. Towns, Mr. Ross, and Mr. Davis of Illinois.
H.R. 1283: Mr. Hulshof.
H.R. 1295: Mr. Miller of Florida.
H.R. 1363: Mr. Ryan of Ohio and Mr. Scott of Virginia.
H.R. 1395: Mr. Levin.
H.R. 1419: Mr. McHugh, Mr. Mitchell, and Mr. Hinchey.
H.R. 1431: Mrs. Schmidt.
H.R. 1552: Mr. Welch of Vermont.
H.R. 1576: Mr. Wittman of Virginia.
H.R. 1609: Mr. Latta, Mrs. Bono Mack, Mr. Scott of
Virginia, and Mrs. Musgrave.
H.R. 1610: Ms. Wasserman Schultz and Mr. Cramer.
H.R. 1621: Mr. Rahall.
H.R. 1646: Mr. Israel.
H.R. 1647: Mr. Neal of Massachusetts, Mr. Cohen, Mr. Holt,
Mr. Lipinski, and Mr. Costello.
H.R. 1655: Mr. Costello and Mr. Filner.
H.R. 1667: Mr. Israel.
H.R. 1738: Ms. Castor and Mr. Fossella.
H.R. 1783: Mr. Honda.
H.R. 1827: Ms. Foxx and Mr. Campbell of California.
H.R. 1881: Ms. Slaughter.
H.R. 1889: Mr. Boren.
H.R. 1890: Mr. Boren.
H.R. 1930: Mrs. Bachmann.
H.R. 1932: Mr. Udall of New Mexico and Mr. Payne.
H.R. 1940: Mr. Wittman of Virginia.
H.R. 1967: Mr. Pence, Mr. Smith of Nebraska, Ms. Fallin,
Mr. Wittman of Virginia, Mr. McKeon, Mr. Terry, and Mr.
Lamborn.
H.R. 2032: Mr. Jefferson.
H.R. 2054: Ms. Wasserman Schultz.
H.R. 2091: Mr. Wu and Mr. Latham.
H.R. 2138: Mr. McHenry, Mr. Lincoln Diaz-Balart of Florida,
Mrs. Wilson of New Mexico, and Mr. Gary G. Miller of
California.
H.R. 2188: Ms. Baldwin, Ms. Zoe Lofgren of California, and
Ms. Ros-Lehtinen.
H.R. 2230: Mr. Pearce.
H.R. 2241: Mr. Pastor.
H.R. 2280: Mr. Walz of Minnesota.
H.R. 2325: Mr. Boren.
H.R. 2330: Mrs. Drake, Mr. English of Pennsylvania, and Mr.
Poe.
H.R. 2370: Mr. Braley of Iowa.
H.R. 2611: Mr. Altmire.
H.R. 2676: Mr. Boucher.
H.R. 2744: Ms. Slaughter, Mrs. Bono Mack, Mr. Roskam, Mr.
Meeks of New York, Mr. Rangel, Mr. Becerra, and Ms. Castor.
H.R. 2802: Mr. Towns and Mr. Kucinich.
H.R. 2833: Mr. Donnelly.
H.R. 2878: Mrs. Davis of California.
H.R. 2892: Mr. Grijalva.
H.R. 2914: Mr. Boozman.
H.R. 2941: Mr. Gerlach.
H.R. 3036: Mr. Ruppersberger.
H.R. 3089: Ms. Granger, Mr. Shimkus, and Mr. Cole of
Oklahoma.
H.R. 3098: Mr. Rodriguez.
H.R. 3140: Mr. Young of Alaska and Mr. Goodlatte.
H.R. 3186: Mr. Altmire, Mr. Bonner, Mr. Pastor, Mr.
McNerney, Mr. Gene Green of Texas, and Mr. Arcuri.
H.R. 3202: Mr. Meeks of New York.
H.R. 3229: Mr. Berman, Mr. Ackerman, Ms. Berkley, Mr.
Bishop of New York, Mr. Blumenauer, Mr. Boswell, Mr. Braley
of Iowa, Mrs. Capps, Mr. Capuano, Mr. Cardoza, Mr. Chandler,
Ms. DeLauro, Mr. Doyle, Mr. Edwards, Mr. Emanuel, Ms. Eshoo,
Mr. Farr, Mr. Foster, Mr. Frank of Massachusetts, Mr. Gene
Green of Texas, Ms. Herseth Sandlin, Mr. Holden, Mr. Honda,
Ms. Jackson-Lee of Texas, Mr. Jefferson, Mr. Kanjorski, Ms.
Kaptur, Mr. Kennedy, Mr. Larson of Connecticut, Mr. Levin,
Mr. Loebsack, Mr. McDermott, Mr. McIntyre, Mr. Mollohan, Mr.
Moore of Kansas, Ms. Moore of Wisconsin, Mr. Patrick Murphy
of Pennsylvania, Mr. Murtha, Mr. Nadler, Mr. Pallone, Mr.
Pastor, Mr. Price of North Carolina, Mr. Rahall, Mr. Schiff,
Ms. Slaughter, Mr. Snyder, Mr. Stark, Mr. Thompson of
California, Mr. Udall of New Mexico, Ms. Velazquez, Ms.
Wasserman Schultz, Mr. Wu, Ms. Baldwin, Ms. Castor, Mr.
Dingell, Mr. Engel, Mr. Etheridge, Mr. Gonzalez, Mr.
Grijalva, Mr. Hare, Mr. Inslee, Ms. Zoe Lofgren of
California, Mrs. McCarthy of New York, Mrs. Napolitano, Mr.
Oberstar, Mr. Ortiz, Mr. Rodriguez, Mr. Rothman, Ms. Linda T.
Sanchez of California, Ms. Shea-Porter, Ms. Solis, Ms.
Sutton, and Mr. Waxman.
H.R. 3232: Mr. Brady of Pennsylvania and Mr. Higgins.
H.R. 3341: Mr. Bartlett of Maryland.
H.R. 3419: Mr. McDermott.
H.R. 3457: Mr. Gonzalez and Mr. McCotter.
H.R. 3544: Mr. Waxman and Mrs. Maloney of New York.
H.R. 3622: Mr. Arcuri and Ms. Hirono.
H.R. 3700: Mr. Allen.
H.R. 3800: Mr. Donnelly.
H.R. 3865: Mr. Coble, Mr. Farr, Mr. Ellison, and Mr.
Boucher.
H.R. 3976: Mr. Bishop of New York.
H.R. 4008: Mr. Keller.
H.R. 4020: Mr. Jefferson and Mr. Carson.
H.R. 4107: Mr. Boucher.
H.R. 4114: Mr. DeFazio.
H.R. 4202: Mr. Costello.
H.R. 4218: Mrs. Capps.
H.R. 4236: Mr. Scott of Virginia and Mr. Carney.
H.R. 4335: Mr. Capuano.
H.R. 4344: Mr. Kuhl of New York.
H.R. 4450: Mr. Baca, Mr. Cummings, Mr. Boucher, and Mr.
Moran of Virginia.
H.R. 4460: Mr. Hunter and Mr. Conaway.
H.R. 4544: Mrs. Drake, Mr. Simpson, Mr. Oberstar, Mr.
Miller of Florida, and Mr. Gallegly.
H.R. 4688: Mr. Porter and Mr. Grijalva.
H.R. 4879: Mr. Brady of Pennsylvania.
H.R. 4900: Mr. Shuster, Mr. McCrery, Mr. Hall of Texas, Mr.
Kingston, Mr. Ortiz, Mr. Barrow, Mr. Thornberry, Mr. Tim
Murphy of Pennsylvania, Mr. Bonner, and Mr. Terry.
H.R. 4930: Mr. Boucher and Ms. Baldwin.
[[Page 6316]]
H.R. 4959: Mr. Hare and Mr. Stark.
H.R. 5131: Ms. Eddie Bernice Johnson of Texas.
H.R. 5180: Mr. Donnelly and Ms. Eddie Bernice Johnson of
Texas.
H.R. 5244: Mr. Gene Green of Texas and Mr. Yarmuth.
H.R. 5265: Mr. Holt.
H.R. 5268: Mr. Hare, Mr. Davis of Illinois, Ms. Eshoo, and
Mr. Weiner.
H.R. 5404: Mr. Wittman of Virginia.
H.R. 5448: Mrs. Napolitano.
H.R. 5461: Ms. Baldwin.
H.R. 5465: Mr. Peterson of Minnesota and Ms. Baldwin.
H.R. 5467: Mr. Shuler.
H.R. 5498: Mr. Gerlach.
H.R. 5510: Mr. Hill.
H.R. 5534: Mr. Berman, Mr. Moran of Virginia, Ms. DeLauro,
Mr. Rohrabacher, Mr. Bilbray, Mr. Alexander, Mr. Pallone, and
Ms. Matsui.
H.R. 5541: Mr. Walden of Oregon.
H.R. 5546: Mr. Wamp.
H.R. 5548: Mr. Towns.
H.R. 5552: Mr. Garrett of New Jersey and Mr. Kagen.
H.R. 5611: Ms. Pryce of Ohio.
H.R. 5613: Ms. Watson, Mrs. Emerson, and Mr. Hobson.
H.R. 5626: Mr. Carson and Mr. McDermott.
H.R. 5648: Mr. Walden of Oregon.
H.R. 5656: Mr. Davis of Kentucky, Mr. Rogers of Kentucky,
Mr. Thornberry, Mr. Neugebauer, and Mr. Boustany.
H.R. 5669: Ms. Ros-Lehtinen, Mr. Bishop of Georgia, and Ms.
Wasserman Schultz.
H.R. 5673: Mr. English of Pennsylvania, Mr. Kuhl of New
York, Mr. Young of Alaska, and Ms. Fallin.
H.R. 5674: Mr. Boren.
H.R. 5676: Mr. Mack, Ms. Ros-Lehtinen, Mr. Bilirakis, Mr.
Mario Diaz-Balart of Florida, Ms. Corrine Brown of Florida,
Ms. Ginny Brown-Waite of Florida, Mr. Keller, and Mr. Lincoln
Diaz-Balart of Florida.
H.R. 5681: Ms. Zoe Lofgren of California.
H.R. 5700: Mr. Crowley.
H.R. 5716: Mr. Gonzalez.
H.R. 5723: Mr. Edwards, Mr. Neugebauer, and Mr. Boustany.
H.R. 5728: Ms. Ginny Brown-Waite of Florida.
H.R. 5731: Mr. Jordan.
H.R. 5740: Mr. McCaul of Texas, Mr. Waxman, Mr. McDermott,
Mr. Keller, Mr. Gerlach, Mr. Foster, Mr. Stearns, Ms.
Kilpatrick, Mr. Gutierrez, Ms. Norton, and Mr. Ferguson.
H.R. 5752: Mr. Broun of Georgia.
H.R. 5776: Mr. Pence, Mr. Weldon of Florida, Mr. Doolittle,
Mr. Kuhl of New York, Mr. Chabot, Mr. Shimkus, Mr. Wittman of
Virginia, and Ms. Fallin.
H.R. 5782: Mr. Barrett of South Carolina.
H.R. 5788: Ms. Matsui and Ms. Hirono.
H.R. 5794: Mr. Bonner and Mr. Poe.
H.R. 5795: Mr. Broun of Georgia.
H.R. 5818: Ms. Clarke, Ms. Moore of Wisconsin, and Mr.
Wilson of Ohio.
H.R. 5825: Mrs. Emerson, Mr. Johnson of Illinois, Mr. Mack,
Mr. Rogers of Michigan, Mr. David Davis of Tennessee, Mr.
Renzi, Mr. Poe, Mr. Duncan, and Mr. Knollenberg.
H. Con. Res. 249: Mr. Mica.
H. Con. Res. 257: Mr. Saxton, Mr. Boren, Mr. Manzullo, and
Mr. Hunter.
H. Con. Res. 295: Ms. Fallin, Mr. Lamborn, and Mr. Forbes.
H. Con. Res. 317: Mr. Chabot, Mr. Wilson of South Carolina,
Ms. DeLauro, and Mr. Payne.
H. Con. Res. 318: Mr. Inglis of South Carolina and Mr.
Carson.
H. Con. Res. 320: Mr. Filner, Ms. Kaptur, Mr. Fattah, and
Mrs. Napolitano.
H. Con. Res. 323: Mr. Forbes.
H. Con. Res. 328: Ms. DeLauro.
H. Con. Res. 329: Mr. Tim Murphy of Pennsylvania, Mr.
Gerlach, Mr. Feeney, Mr. Platts, Mr. McCotter, Mr. Goode, Mr.
Burton of Indiana, and Mr. Jones of North Carolina.
H. Res. 37: Mr. Cohen.
H. Res. 373: Mr. Tim Murphy of Pennsylvania and Ms.
Slaughter.
H. Res. 795: Mr. Van Hollen.
H. Res. 821: Mr. Miller of Florida.
H. Res. 881: Mr. Campbell of California, Mr. Feeney, Mr.
Bartlett of Maryland, Mr. Pence, Mr. David Davis of
Tennessee, Mr. Chabot, Mr. Burton of Indiana, Mr. Tancredo,
Mr. Royce, Mr. Brady of Texas, Mr. Broun of Georgia, Mr.
Walberg, Mr. Flake, Mr. Reynolds, Mrs. Myrick, and Mr.
Stearns.
H. Res. 923: Mr. David Davis of Tennessee, Mr. Walberg, Mr.
Franks of Arizona, Mr. Shadegg, Mr. Campbell of California,
Mr. Kuhl of New York, Mr. Price of Georgia, Mr. Clay, Mr.
Aderholt, Mr. Daniel E. Lungren of California, Mr. Dicks, Mr.
Carney, Mr. Foster, Mr. Garrett of New Jersey, Mr. Scott of
Georgia, Ms. Eddie Bernice Johnson of Texas, Ms. Kilpatrick,
Ms. Lee, Mr. Clyburn, Mr. Altmire, Mr. Davis of Illinois, Mr.
Bishop of Georgia, Mr. Hoekstra, Mr. Gohmert, Mr. Neugebauer,
Ms. Ginny Brown-Waite of Florida, Mr. Hastings of Florida,
Mr. Flake, Mr. Welch of Vermont, Mr. Putnam, Mr. Roskam, Mr.
Hulshof, Mr. Wilson of South Carolina, Mr. Tim Murphy of
Pennsylvania, Mr. Frank of Massachusetts, Mr. Costello, Mr.
Latta, Mr. Shimkus, Mr. Feeney, Mr. Crenshaw, Ms. Pryce of
Ohio, Mr. Hensarling, Mr. Cole of Oklahoma, Mr. Lewis of
Kentucky, Mr. Jones of North Carolina, Mr. Loebsack, Mr.
Capuano, Mr. Conyers, Mr. Skelton, Mr. Shuler, Mr. Mitchell,
Mr. Taylor, Mr. Donnelly, Mr. Ellsworth, Mr. Wilson of Ohio,
Mr. Bilbray, Mrs. Cubin, Mr. LaHood, Mrs. Schmidt, Mr. Broun
of Georgia, Ms. Foxx, Mr. Westmoreland, Mrs. Drake, Mr. Brown
of South Carolina, Mr. Barrett of South Carolina, Mr. Wamp,
Mrs. Blackburn, Mr. Lamborn, Mr. Marchant, Mrs. Musgrave, Mr.
Pitts, Mr. Hobson, Mr. Boustany, Mr. Akin, Mr. Gingrey, Mr.
Goode, Mr. Doolittle, Mr. Duncan, Mrs. Bono Mack, Mr. Mack,
Mrs. Capito, Mr. McCarthy of California, Mr. Jordan, Mr.
Sali, Mr. Fortenberry, Mr. Deal of Georgia, Mr. Linder, Mr.
Pearce, Mr. Hall of New York, Mr. Keller, Mr. Miller of
Florida, Mr. Snyder, Mr. Burgess, Mrs. McMorris Rodgers, Mrs.
Emerson, Mr. Lewis of California, Mr. Markey, Mr. Castle, Mr.
Pence, Mr. Gilchrest, Mr. Paul, Mr. Bartlett of Maryland, Mr.
Kucinich, Mr. Reichert, Mr. Gerlach, Mr. Dent, Mr. Tom Davis
of Virginia, Mr. Saxton, Mr. Hayes, Mr. McHenry, Mr. Stearns,
Ms. Ros-Lehtinen, and Mr. Rogers of Kentucky.
H. Res. 937: Ms. Fallin and Mr. Reyes.
H. Res. 981: Mr. Miller of North Carolina.
H. Res. 984: Mr. Pastor, Mr. Doolittle, Mrs. Davis of
California, Mr. Boyd of Florida, Mr. Tanner, Mr. Ross, Mr.
Taylor, Mr. Shuler, Mr. Space, Mr. Chandler, Mr. Cooper, Mr.
McIntyre, Mr. Hill, Mr. Patrick Murphy of Pennsylvania, Mr.
Costa, Mr. Bishop of Georgia, Mr. Cramer, Mr. Lincoln Davis
of Tennessee, Mr. Carney, Mr. Barrow, Mr. Kennedy, Ms.
Herseth Sandlin, Mr. Ellsworth, Mr. Arcuri, and Mr. Mahoney
of Florida.
H. Res. 992: Mr. Peterson of Minnesota.
H. Res. 1002: Mr. Klein of Florida, Mr. Wynn, Ms. Berkley,
Ms. Linda T. Sanchez of California, Mr. Scott of Georgia, Mr.
Cummings, Mr. Moran of Virginia, Mr. Castle, Ms. Woolsey, Ms.
Castor, Mr. Thompson of Mississippi, Mr. Upton, and Mr.
Costello.
H. Res. 1008: Mr. Filner and Mr. Latham.
H. Res. 1054: Mrs. Biggert.
H. Res. 1056: Mr. Hare and Mr. Braley of Iowa.
H. Res. 1062: Mr. Filner.
H. Res. 1067: Mr. LoBiondo and Mr. Salazar.
H. Res. 1070: Mr. Conaway.
H. Res. 1076: Mrs. Cubin, Mr. Souder, Mr. Pence, and Mr.
Jones of North Carolina.
H. Res. 1079: Mr. Ortiz, Ms. Ginny Brown-Waite of Florida,
Mrs. Bachmann, Ms. Zoe Lofgren of California, and Ms.
Kilpatrick.
H. Res. 1081: Mr. Hinojosa.
H. Res. 1099: Mr. Hinojosa.
H. Res. 1109: Mr. McGovern, Mr. Moran of Virginia, Ms. Lee,
and Mr. Engel.
H. Res. 1110: Ms. Schwartz, Mr. Tiberi, Mr. Reichert, Mrs.
Emerson, Mrs. Tauscher, Mr. Saxton, Ms. Ginny Brown-Waite of
Florida, Mr. Davis of Kentucky, Mr. Bonner, and Mr. Feeney.
H. Res. 1111: Mr. Engel, Mr. Ruppersberger, Mr. Tanner, Mr.
Wexler, Mr. Hastings of Florida, Mr. Altmire, Mr. Sires, Mr.
Hodes, Mr. Braley of Iowa, and Mr. Inslee.
H. Res. 1115: Mr. Ruppersberger, Mr. Arcuri, and Mr.
Wittman of Virginia.
____________________
PETITIONS, ETC.
Under clause 3 of rule XII, petitions and papers were laid on the
clerk's desk and referred as follows:
236. The SPEAKER presented a petition of the National
Legislative Commission of the American Legion, relative to
Resolutions with legislative intent for the 110th Congress
Second Session; to the Committee on Veterans' Affairs.
[[Page 6317]]
SENATE--Thursday, April 17, 2008
The Senate met at 12:45 p.m. and was called to order by the Honorable
Claire McCaskill, a Senator from the State of Missouri.
______
prayer
Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Almighty God, who has given us this good land for our heritage, help
us to be a people mindful of Your favor and glad to do Your will. Save
us from violence, discord, and confusion, from pride and arrogance and
from every evil way.
Lord, defend our liberties and fashion us into one united people.
Empower our Senators with the spirit of wisdom that justice and peace
may reign. May they serve You with such faithfulness that America will
show forth Your praise among the nations of the Earth. In times of
prosperity, fill their hearts with thankfulness, and in the day of
trouble give them a robust faith in You. May they keep their attention
on You as the only one they must please.
We pray in the Redeemer's Name. Amen.
____________________
PLEDGE OF ALLEGIANCE
The Honorable Claire McCaskill 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, April 17, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
Claire McCaskill, a Senator from the State of Missouri, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.
Mrs. McCASKILL thereupon assumed the chair as Acting President pro
tempore.
____________________
RECOGNITION OF THE MAJORITY LEADER
The ACTING PRESIDENT pro tempore. The majority leader is recognized.
____________________
TEMPORARY EXTENSION OF THE FARM SECURITY AND RURAL INVESTMENT ACT OF
2002
Mr. REID. Madam President, I ask unanimous consent that the Senate
proceed to the consideration of H.R. 5813.
The ACTING PRESIDENT pro tempore. The clerk will state the bill by
title.
The legislative clerk read as follows:
A bill (H.R. 5813) to amend Public Law 110-196 to provide
for a temporary extension of programs authorized by the Farm
Security and Rural Investment Act of 2002 beyond April 18,
2008.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Madam President, I ask unanimous consent that the bill be
read the third time and passed; that the motion to reconsider be laid
upon the table; that there be no intervening action or debate; and that
any statements relating to this matter be printed in the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The bill (H.R. 5813) was ordered to a third reading, was read the
third time, and passed.
Mr. REID. Madam President, this farm bill has been extended for a
short period of time. The conferees have worked extremely hard. I hope
we can get the conference report to us early next week. It would be a
real disappointment if we didn't get this bill done.
____________________
WELCOMING POPE BENEDICT XVI TO THE UNITED STATES
Mr. REID. Madam President, I ask unanimous consent that we now
proceed to the consideration of S. Res. 519.
The ACTING PRESIDENT pro tempore. The clerk will report.
The legislative clerk read as follows:
A resolution (S. Res. 519) welcoming Pope Benedict XVI to
the United States and recognizing the unique insights his
moral and spiritual reflections bring to the world stage.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Madam President, I ask unanimous consent that the
resolution be agreed to, the preamble be agreed to, and the motion to
reconsider be laid upon the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The resolution (S. Res. 519) was agreed to.
The preamble was agreed to.
The resolution, with its preamble, reads as follows:
S. Res. 519
Whereas Pope Benedict XVI will travel to the United States
for his first pastoral visit as Pope and will visit
Washington, DC, and New York;
Whereas Pope Benedict XVI was elected as the 265th Bishop
of Rome on April 19, 2005, succeeding the much beloved Pope
John Paul II;
Whereas the visit of Pope Benedict XVI will mark the 9th
visit of a pope to the United States, recognizing the
historical importance of the Catholic Church in American
life, the deep faith and charity of its members, and the
responsibilities of the United States in world affairs;
Whereas Pope Benedict XVI has spoken approvingly of the
vibrance of religious faith in the United States, a faith
nourished by a constitutional commitment to religious
liberty;
Whereas Pope Benedict XVI remains committed to ecumenical
dialogue and, during his trip to the United States, will meet
with leaders of world religions and representatives of other
Christian denominations and will visit a synagogue in New
York City, all demonstrating his commitment to sincere
dialogue and unity among all members of the human family;
Whereas Pope Benedict XVI has authored 2 encyclical letters
inviting the world to meditate on the virtues of love and
hope, ``Deus caritas est'' and ``Spe salvi'';
Whereas millions of Americans have discovered in Pope
Benedict's words a renewed faith in the power of hope over
despair and love over hate;
Whereas Pope Benedict XVI has been a clear and courageous
voice for the voiceless, working tirelessly for the
recognition of human dignity and religious freedom across the
globe;
Whereas Pope Benedict XVI has spoken out for the weak and
vulnerable;
Whereas Pope Benedict XVI seeks to advance a ``civilization
of love'' across our world; and
Whereas Catholics in parishes and schools across the
Nation, and countless other Americans as well, eagerly await
the visit of Pope Benedict XVI to the United States: Now,
therefore, be it
Resolved, That the Senate welcomes Pope Benedict XVI on the
occasion of his first pastoral visit to the United States and
recognizes the unique insights his moral and spiritual
reflections bring to the world stage.
____________________
SCHEDULE
Mr. REID. Madam President, we are going to resume consideration of
the highway bill very soon. Yesterday, we filed cloture on the Boxer
substitute amendment to the underlying bill.
Under the rule, Senators have until
1 p.m. today to file first-degree amendments. Senator McConnell and I
are going to have a consent agreement that we will present to the
Senate in the immediate future.
[[Page 6318]]
____________________
RESERVATION OF LEADER TIME
The ACTING PRESIDENT pro tempore. Under the previous order,
leadership time is reserved.
____________________
HIGHWAY TECHNICAL CORRECTIONS ACT OF 2007
The ACTING PRESIDENT pro tempore. Under the previous order, the
Senate will resume consideration of H.R. 1195, which the clerk will
report.
The assistant legislative clerk read as follows:
A bill (H.R. 1195) to amend the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users, to make technical corrections, and for other purposes.
Pending:
Boxer amendment No. 4146, in the nature of a substitute.
Coburn amendment No. 4538 (to amendment No. 4146), to
create a bipartisan, bicameral special committee to
investigate the improper insertion of an earmark for Coconut
Road into the conference report of the 2005 highway bill
after both Chambers of Congress had approved identical
versions of the conference report.
Boxer amendment No. 4539 (to the text of the committee
substitute to be inserted), to call for a review by the
Department of Justice of allegations of violations of Federal
criminal law.
Coburn amendment No. 4540 (to amendment No. 4539), relative
to the Coconut Road Investigation.
The ACTING PRESIDENT pro tempore. The Senator from Idaho is
recognized.
Mr. CRAIG. Madam President, I ask unanimous consent that I be allowed
to speak for up to 10 minutes in morning business.
Mrs. BOXER. Madam President, reserving the right to object, I wanted
to have a minute before to explain the lay of the land.
Mr. CRAIG. I yield to the chairman and leader of the bill.
Mrs. BOXER. Madam President, for the interest of all Members, we have
been working now since Monday to pass a technical corrections bill,
which, it seems to me, should have been passed very quickly. It
basically makes some corrections to the last big highway and transit
bill so certain projects that have been held up for technical reasons
can go forward, and others that weren't ready, pushed aside, and
another can go forward. This will unleash about a billion dollars'
worth of important programs for our Nation.
These projects have been vetted, and they have been posted on the Web
page of the committee, as we must do according to our new ethics rules.
We are very pleased it looks like we might be able to wrap this up in
the next few hours.
As far as I am concerned, we are ready to vote. We have the Coburn
amendment and the Boxer amendment, which deal with a real problem that
occurred at some point during the SAFETEA-LU consideration years ago.
We have corrected the problem in the bill. We want to now have some
type of investigation to find out exactly what went wrong and if there
were any crimes committed. There were two options. Senator Coburn is
setting up a complicated select committee of the House and Senate. We
believe strongly that it creates constitutional problems, and we think
it might interfere with a Justice Department investigation.
And then Senator Reid had recommended, I think a far better way to
get at the problem, which is a Justice Department investigation. I have
written an amendment to go along with that. We are hoping to vote on
that and then, hopefully, get to a cloture vote and final passage.
So that is the lay of the land, as best I see it. I wish I had more
control over this at the moment. If I did, we would be voting in 5
minutes on the whole package. Until then, I will see you as soon as we
have an agreement and, hopefully, we will get this matter done today.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Idaho is
recognized.
Extension of the Farm Bill
Mr. CRAIG. Madam President, I am on the floor to speak about
something the majority leader proposed and that we have accepted by
unanimous consent; that is, a 1-week extension of existing farm policy,
the existing farm bill.
I come to the floor to speak because last night I put a hold on that
UC request. I, similar to many Senators--and especially American
agriculture--am growing very frustrated and restless about the reality
that we don't have a farm bill. As we know, across America and in
central parts of our country--certainly in the South--spring is here
and it is planting season. The farm bill that is current law, which we
extended a few moments ago, actually expired on September 30 of 2007.
It was in July 2007 that the House passed their version, and on
December 14 we passed ours. Now, we have offered several extensions so
the principals--the House and Senate Ag committees--could work on their
differences with the administration and solve these problems. Yet they
have not been able to do it.
Is this symbolic of a dysfunctional Congress that we have been
experiencing for the last several years, where we simply cannot grapple
with the big and responsible basic public policy issues of our country?
It appears to be that way. I will blame both sides on this issue. It is
both sides that are at fault that they cannot come together and, if you
will, split the difference and solve a problem that is the basic public
policy for American agriculture. Nancy Pelosi, the Speaker of the
House, opposes the tax provision within the bill. Why? She isn't a
member of the Finance Committee or a member of the Agriculture
Committee. Yes, she is the majority leader and, therefore, if she
opposes it, she could certainly block it, and she can kill farm policy.
I have worked with Senator Harkin and Senator Saxby Chambliss for the
last month, and I know they have worked overtime. This is not a
criticism of our colleagues; it is a criticism of a dysfunctional
system that no longer can cut a deal and make basic and important
public policy. So here we are, with one more extension. Saxby Chambliss
called me this morning and said: Larry, would you give us another week?
I said I would give them 1 more week, but, frankly, this is it; I will
not accept another extension next week on the farm bill, unless the
deal has been cut, unless the agreement has been made and it is simply
the procedure of putting it in writing and getting it to print and to
the President.
The President, when he signed the extension last time, said: ``Enough
is enough.'' Even this week, he softly talked about vetoing an
extension. So I guess the point I am trying to make is, what is at
stake? Why are we bickering over the fine points, when the fundamental
policy points are in place?
Let's look at what we have done, because we ought to be proud of the
work of the new farm bill: Significant increases in conservation
funding for our working farmlands, including conservation, stewardship,
and environmental quality incentive programs. These are programs that
encourage farmers and ranchers to incorporate better tillage practices,
thereby sequestering more carbon and doing their part as it relates to
reducing greenhouse gas emissions. We have added, for our dairies,
better manure management practices to reduce methane gas emissions.
Here we are talking about climate change. The President spoke to
climate change yesterday. Yet we cannot come to an agreement on
something that would allow American agriculture to advance their
practices to make it work, in their instance, and allow a contribution
to the climate change carbon emissions issue.
There is a provision within the new farm bill that I and Senator
Stabenow have worked on--literally for 5 years--to get a new provision
in the farm bill to recognize the near 50 percent of gross revenue
coming out of agriculture today, known as specialty crops. For the
first time, we have a new title on specialty crops. If I say at the end
of the week--and their work is not done--I am not going to extend it
any more, I am going to have to forgo this. I am going to forgo it and
say to
[[Page 6319]]
the farmers in Idaho and across America: Let's do a 2-year extension on
existing policy, or at least 1-year extension so you know where you are
when you get to planting season, instead of watching Congress fall all
over itself because they cannot cut a deal.
Isn't it about time we settle our differences and show America we can
function, that we can work the process? Have we truly become so
dysfunctional and partisan on these fundamentally bipartisan issues
that they simply cannot be resolved? On our side, there is a bipartisan
effort. I cannot speak to the House side. I have not been in the
negotiations. I can only see the results. The results simply don't
exist. That is why this Senator is on the floor today speaking with
considerable frustration over why we have a Congress that, months after
the expiration of the law, simply cannot get its work done. Commodity
programs maintain a safety net. Yes, commodity prices are high today
and farmers are profiting. What goes up clearly can, and does, come
down in the commodity markets. A property safety net for wheat and
barley was in there. It is extremely important we do that.
There are nutritional program increases, making the school snack
program nationwide to deal with better health, and fresh fruit
availabilities for our schoolchildren. That is different and better.
The disaster assistance program will help aid our farmers and ranchers
in a more efficient fashion in periods of serious drought and fire and
other whole farm types of disasters.
There is an issue in agriculture and beef production that has been an
issue of considerable contention over time. It is called country-of-
origin labeling. The American consumer today, when they go to the shelf
and pick up a commodity and look at it, wants to know where it comes
from. Is it a domestic U.S. product or was it produced somewhere else
in the world?
We know we have concern today about certain types of products coming
out of China and other areas, and the consumer's right to know the
marketing certainly is important in country-of-origin labeling. We
finally acquiesced to implement country-of-origin labeling by September
of this year. I don't know if we can do it if we keep shoving the farm
bill out, keep extending it and not allowing the operative language to
come in place.
There are critical tax provisions within this bill. My colleague,
Senator Mike Crapo, has an Endangered Species Act compliance in
reduction and credits. There are wind energy credits and production tax
credits for cellulosic ethanol. Once again, as a nation that has grown
increasingly dependent on foreign energy sources, we are saying to
American agriculture in this farm bill: Here are some incentives for
increased production.
I was recently in Ottawa, Canada, looking at a cellulosic ethanol
production plant, hoping it will be brought south of the border into
the United States so we can begin to use agricultural residues for the
purpose of making ethanol, lessening the pressure on some of our grain
crops, especially our corn crops.
There are provisions in the bill to incentivize biodiesel. Yet those
incentives are the kind Speaker Pelosi says are nonstarters, they are
deal breakers. How can making our country energy independent, how can
incentivizing the promotion of the Endangered Species Act within
private lands and giving folks the benefit of doing that be a deal
breaker? It simply demonstrates how this Congress cannot function
today. We are basically on hold right now. We are not getting our work
done in a variety of areas, and agriculture and the farm bill is simply
a very tragic example of that type of effort, or lack thereof.
As I have said, September 30 of last year the policy expired. Current
law was extended until March 15 and then again until tomorrow, and that
is why the leader was on the floor today advancing it for 1 more week
so that agriculture is not without policy in place.
This is the 17th. The work has not been done. This Monday, Chairman
Harkin said he was fed up. If he is fed up and he is a prime
negotiator, what do we get? How do we deliver an ultimatum? I am not
sure. But I am sure we will not, nor should we, allow American
agriculture to be without policy.
All of the gains I have talked about, all of the gains that were
negotiated inside the Senate Agriculture Committee and inside the House
Agriculture Committee could simply be wiped away because there is no
willingness or ability to come together and work together in behalf of
American agriculture.
So I agreed on a 1-week extension. This is not an ultimatum, this is
simply a statement of fact. I cannot agree any longer. American
agriculture and Idaho's farmers need to know. They deserve to know.
They should not be kept in limbo bouncing on the end of a string
because the politicians in Washington cannot get their act together and
simply cannot agree. We have always come to an agreement on
agriculture. It has always been a bipartisan policy. I hope that
practice of the past is a practice that ultimately can dominate the
negotiations over this coming week.
I hope my colleagues will keep their lights on during the weekend. It
is time we work a little overtime to get this done because I am one of
several Senators who are simply at a point of saying: Can't go there
anymore; time to finish it; time to tell American agriculture: Here is
the new policy. And if we cannot, then let's extend the old policy and
give them certainty for a minimum of at least 1 year.
I yield the floor and suggest the absence of a quorum.
The ACTING PRESIDENT pro tempore. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WICKER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Salazar). Without objection, it is so
ordered.
Mr. WICKER. I request permission to speak as in morning business for
no more than 7 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Tanker Replacement Program
Mr. WICKER. Mr. President, on February 29, 2008, the U.S. Air Force
announced its award of the KC-45A air refueling tanker program, a
replacement to the aging KC-135 fleet. The two competitors in this
process were Northrop Grumman-EADS on the one hand and the Boeing
Company on the other. After a 13-month-long process, the Northrop
Grumman proposal was selected as the better product for the American
soldier and also the better value for the American taxpayer. It should
come as no surprise that this decision amounted to a major
disappointment for Boeing. Their employees and executives would
understandably have appreciated the economic benefit such an award
would have brought to them.
The award of the tanker program to Northrop Grumman was not the first
setback to the Boeing Company in this regard.
In 2004, Congress intervened, in the fiscal year 2005 Defense bill,
to terminate the Air Force tanker lease agreement. This agreement would
have been costly and simply bad public policy. Afterward, the Air Force
responded with one of the clearest and most transparent acquisition
processes in history. The Air Force is now able to purchase and own 179
KC-45s for the same price it was going to spend to lease 100 Boeing
767s.
Compared to the reactions in States where Boeing has a presence, the
selection of Northrop Grumman was greeted with enthusiasm in Mobile,
AL, and along the gulf coast of my State of Mississippi, where
thousands of jobs will be created locally. The tankers will be built in
Mobile, but the economic impact will be felt throughout the gulf coast
and, in reality, throughout the Nation. Such is the nature of the
competitive process. One contestant is selected, and the other must
deal with disappointing news.
It is important for Senators to understand that the Air Force and the
Defense Department utilized an extremely fair and open acquisition
process. The Government requested and received proposals for the tanker
in early
[[Page 6320]]
2007 and then continued with an open review process until Northrop
Grumman was announced as the winner in February of this year.
In winning this contract, Northrop Grumman simply did a better
analysis and provided a better solution for the Air Force. The KC-45A
carries more fuel, more passengers, and more cargo. It will also cost
less to produce, passing along savings to the American taxpayers. By
utilizing a broad base of suppliers in 49 of our 50 States, the
Northrop Grumman tanker will create 48,000 direct and indirect jobs
across our country.
Despite this, some want to stop this process from going forward. I
have been disturbed by the words and actions of Boeing and its
supporters. The level of misinformation injected into this process with
the clear intent of derailing the award is troubling for many reasons--
not the least of which is the precedent that would be set by Congress
should it overturn this decision. The Air Force should be allowed to
make this acquisition decision based solely on the facts and the merits
of the two competing proposals, and that is exactly what it did in
choosing the Northrop Grumman tanker.
Let's look at some of the claims made by Boeing and its supporters--
first, that the competition was somehow unfair. The Air Force and the
Defense Department testified recently to the Senate Armed Services
Committee that the KC-45A tanker competition was perhaps the most
rigorous, fair, and transparent acquisition in DOD history. This open
process allowed for a significant amount of dialog among the Air Force,
the Department of Defense, and the two bidders. This included weekly
teleconferences with the Air Force, which, during the review process,
sent Northrop Grumman 295 evaluation notices. They sent approximately
250 notices to Boeing.
Furthermore, following the formal request for proposals in January
2007, the Air Force received no complaints from Boeing or anyone else
that the proposal request was somehow unfair. There were ample
opportunities for those concerns to be aired, but no one said a word in
this regard. Considering this, it is very hard to make a straight-faced
claim that the process was not open or fair.
There has also been a high level of misinformation about the so-
called exportation of American jobs. Some erroneously claim the
Northrop Grumman award will outsource thousands of U.S. jobs to Europe.
This is simply not true. No jobs are being exported to Europe. On the
contrary, the KC-45A will create thousands of new jobs in America and
will support a total of 48,000 direct and indirect jobs in 49 States,
as I have said.
More than 230 suppliers across the United States helped make up the
60 percent U.S. content in the KC-45A tanker. This will truly be
America's tanker, assembled in America by American workers and for the
protection of the American military. The KC-45A will be fully assembled
and militarized for U.S. Air Force operations by American workers in
two separate facilities in Mobile.
No sensitive military technology will be exported to Europe in
connection with this program. Instead, a new aerospace corridor will
continue to grow and flourish along the gulf coast region.
The KC-45A tanker will join the Global Hawk, Fire Scout, joint cargo
aircraft, and the light utility helicopter production facilities that
are already successfully producing high-reliability defense systems for
our Nation. The light utility helicopter, for example, is being built
by EADS North America in Columbus, MS. It is a true success for the
Army and for our economy. The Lakota, as the helicopter is known, was
delivered to the Army 3 months ahead of schedule. To date, 24 Lakota
helicopters have been delivered on or ahead of schedule. The Lakota has
over 2,000 flight hours, with over a 90-percent full mission capable
rate. In addition, EADS North America completed a 314,000-square-foot
expansion to its Mississippi facility to manufacture this helicopter.
Perhaps most importantly, the program is on budget and on schedule to
deliver a critical platform to the American warfighter--just another
example of EADS North America producing a product for our country's
defense, using American workers.
There should be no doubt that the workforce in the gulf coast region
is up to the task of building these complex systems. The results to
date on the systems I just mentioned speak for themselves.
Our workforce is second to none in the Nation. So this debate, as
much as some would make you believe otherwise, is not about American
jobs versus European jobs. It is about where in the United States those
jobs will be.
A recent full-page ad in newspapers across the country represented
the worst of the misinformation. The ad claimed the Air Force selection
``penalized the warfighter and the taxpayer.''
The facts tell another story. The KC-45A was evaluated to be a
superior product for the warfighter. It was also judged by the Air
Force to be a better value for the taxpayer, providing superior
military capability across the board at a lower total cost than the
competing KC-767 aircraft.
The U.S. Air Force is not alone in choosing the KC-45A. Our friend
and ally, the United Kingdom, recently announced the selection of this
same aircraft frame as the best solution to meet their national
security requirements. The U.K. selection is the fifth tanker
competition in a row where the EADS platform was chosen as the winner
over all other competitors. Australia, Saudi Arabia, and the United
Arab Emirates have also recently placed orders for this tanker.
Some are calling for tighter restrictions on the level of
international content in U.S. defense systems. That, to my mind, would
be a mistake and would amount to changing the rules in the middle of
the game. The U.S. economy is tightly integrated into the global
economy, and the aerospace sector is no exception.
There are numerous examples of transatlantic cooperation on vital
U.S. military programs where foreign suppliers do play essential roles.
Some of the more visible programs include the F-35 Joint Strike Fighter
produced by Lockheed Martin, Northrop Grumman, and British Aerospace;
the VH-71 Presidential helicopter produced by Lockheed Martin and
Augusta Westland, a European consortium; and the Joint Cargo Aircraft
produced by L-3, Boeing, and Alenia, built in Florida from an Italian
airframe.
I don't recall anyone in this Chamber or from Boeing expressing
concern about the level of European participation in the Joint Cargo
Aircraft, which has only about 60 percent U.S. content, nor did anyone
complain about possible interruption of supplies of spare parts, which
some have suggested would be a likely outcome of buying the KC-45A.
To repeat, Boeing's Joint Cargo Aircraft is 60 percent U.S. content
and 40 percent international. When this contract was awarded, no one
raised a single complaint about that. Now, when Boeing loses a
competition to a partnership with a similar domestic-foreign ratio,
they make it sound as if the world is coming to an end.
It seems to me the level of noise depends on whose ox is being gored.
I must stress this point. Any further delay of this contract would put
at risk the brave Americans flying the current Air Force fleet of KC-
135 tankers. These aircraft, on average, are more than 45 years old.
Replacement has been the Air Force's top modernization priority for
several years.
If the GAO upholds the Air Force selection and denies Boeing's
protest, that should be the end of it. At that point, no Member of this
body should stand in the way of the program moving ahead. Any further
efforts to delay the program would not only be harmful to our national
security but would be viewed by many of our foreign partners and allies
as a major shift in U.S. policy.
From an economic point of view, potential retaliation by our European
allies could have a negative impact on the current $6 billion in annual
purchases of defense systems from the United States.
In closing, I would like to acknowledge that Boeing has every right
to
[[Page 6321]]
protest this decision to the Government Accountability Office. Beyond
that, however, if this decision is not overturned by GAO, any attempt
to alter this decision through the appropriations process or any other
legislative maneuver would be dangerously shortsighted, in my opinion.
It would set a damaging precedent that would destroy our contract
process now and in the future. Frankly, I would view such a move as an
attack on the competition process itself, not only this award.
The workers along the gulf coast in Alabama and Mississippi and this
entire corridor are ready to proceed with this work for our national
defense. We would all do well to step back and let the facts in this
situation speak for themselves. That is what the Air Force did when
choosing the Northrop Grumman tanker as the best option for our
warfighters' terms and the American taxpayer and their decision should
be allowed to stand.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. BOXER. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. Mr. President, I ask unanimous consent that no further
amendments be in order to H.R. 1195, and that at 3:30 p.m. today, the
Senate proceed to vote in relation to Boxer amendment No. 4539, and
that the amendment be modified to be to amendment No. 4146; to be
followed by a vote in relation to Coburn amendment No. 4538, and that
Coburn amendment No. 4540 be withdrawn once this agreement is entered;
that each of those two amendments be subject to a 60 affirmative vote
threshold, and that if neither achieves that threshold, then it be
withdrawn; that if either or both achieve the 60-vote threshold, that
it be agreed to and the motion to reconsider be laid upon the table;
that prior to each vote there be 2 minutes of debate equally divided
and controlled in the usual form, and upon disposition of these listed
amendments, the Senate proceed to vote on the motion to invoke cloture
on the Boxer substitute, amendment No. 4146; that if cloture is invoked
on amendment No. 4146, then the substitute, as amended, if amended, be
agreed to, the committee-reported substitute, as amended, be agreed to,
and the bill then read a third time; and without further intervening
action or debate the Senate proceed to vote on passage of H.R. 1195, as
amended; that the cloture motion on the bill be withdrawn; provided
further that after the first vote, all subsequent votes in the sequence
be limited to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Arizona.
Gas Tax Relief
Mr. KYL. Mr. President, about almost 24 hours ago I had asked the
chairman of the committee about offering an amendment to this
legislation. It is clear that as a result of the agreement that has
been worked out and the filing of cloture and so on that it is not
going to be possible to get a vote on the amendment I was speaking
about.
But I would like to talk briefly about that amendment and indicate
that it would be offered on behalf of Senator McCain, my colleague from
Arizona, as well as other Senators, some of whom may want to also speak
to it briefly.
We all know gasoline prices have risen dramatically. And the
amendment Senator McCain and I and others would offer would provide a
temporary tax holiday from Memorial Day to Labor Day, preventing the
Federal Government from collecting the 18.4-percent tax, the gasoline
tax, that otherwise motorists would pay.
I assure my colleagues that the highway trust fund, which that tax
goes into, would be kept whole with Federal revenues from the General
Treasury. So the money we use to build highways and bridges and so on
would not be affected by this amendment.
Briefly, I think we all feel the pinch when we fill up our cars and
trucks. But listen to these statistics. According to economy.com,
gasoline prices at the pump have increased from $2.22 to $3.33 a
gallon, up 50 percent since the start of 2006.
I checked in my home State of Arizona yesterday. It was $3.38. There
is very little that Congress can do in the near term to reduce gas
prices other than this gas tax holiday. In the long term, we know we
have to add more production and refining capacity in our country and
that we have to encourage supplies to increase. But for right now, the
one thing that Congress can do, and do virtually immediately, is to
provide this short-term relief from the Federal gas tax.
At $3.33 a gallon, prices are the highest on record. Nearly 50 cents
of the cost of each gallon of gas is due to taxes. According to the
Bureau of Labor Statics 2005 Consumer Expenditure Survey, families with
two cars spent, on average, $2,013 on gasoline. Since that study was
released prices have increased dramatically. Gasoline price increases
imply families are now paying at least $3,065 on gasoline in a year.
A big chunk of that is Federal, State, and local taxes. In fact, the
average family pays nearly $170 in Federal gas taxes. With the growing
financial strains placed on so many Americans' rising food prices and
falling home prices, the additional hit of rising fuel prices is
becoming a breaking point.
That is why my colleague, Senator John McCain, talked about the need
to do something, and do something quickly, and proposed this gas tax
holiday in comments he made to the Nation a couple of days ago, and why
he has asked this amendment be introduced on his behalf, as well as
Senators Warner, Burr, Martinez, Lieberman, and Graham.
In an effort to ease some of the hardship caused by the higher fuel
prices that I have indicated, the amendment would merely suspend the
18.4-percent-per-gallon tax on gas and the 24.4-percent tax on diesel
fuel from Memorial Day to Labor Day.
As I said, the amendment would not deplete the highway trust fund
balance. The amendment would offset any revenue loss from the
suspension of this tax with Treasury revenues. So the highway trust
found will remain whole.
We all agree that our roads and highways must be maintained to ensure
the safety of the road-traveling public, and this amendment would in no
way impact highway construction.
It is interesting, last Memorial Day alone, approximately 32 million
Americans traveled by car 50 miles or more from home. So suspending the
Federal excise tax during the summer when fuel prices have historically
been at their highest level would allow millions of Americans to keep a
few more of their hard-earned dollars and help them better make ends
meet.
Two final comments: There is an argument that this loss should be
offset somehow by programs raising taxes somewhere else. Of course, I
have never understood why, if you are going to provide tax relief to
Americans, you would want to provide the tax relief and then tax them
in some other way.
The Congressional Budget Office, former Council of Economic Advisers,
Chairman Martin Feldstein, and Clinton Treasury Secretary Robert Rubin
are three of the entities or individuals who have said it is
unnecessary to offset temporary tax cuts when an economy is slowing.
The $150 billion stimulus bill that passed the Senate by a vote of 81
to 16 in early February was not offset. The $15 billion-plus housing
bill that passed the Senate 84 to 12 last week was not offset. Most of
the revenue losses associated with the housing bill benefited companies
and other businesses, not consumers. If offsets were not needed to
offset the benefit to private firms, I ask why our amendment would need
to be offset since it aids struggling American families.
Finally, I heard rumors that Senators would like to propose an
alternative to what we have produced, a Democratic alternative that was
developed yesterday afternoon, that would effectively raise corporate
income taxes on oil and gas companies.
[[Page 6322]]
Now, I suppose everyone likes to pick on oil and gas companies,
though we sure want to have some gasoline in the pumps when we decide
we need to fill up our cars and trucks, but this proposal eliminates or
curtails the so-called section 199 domestic production deduction for
oil and gas companies.
What that means in regular English is effectively raising the
corporate income tax rate by 3 percentage points. That is exactly the
wrong medicine at a time when our economy is not doing well. Let me
repeat that. The elimination of this tax incentive is designed to
encourage oil and gas companies to produce oil and gas in the United
States so we do not have to go abroad and buy it from somewhere else.
I don't agree with this approach. Rather than raising taxes on oil
companies, we should be encouraging them to explore for oil and to
produce oil and gas in the United States, to improve our energy
security and, importantly, to reduce prices for American consumers. Why
on Earth would anyone actually want to limit domestic production?
Reducing domestic production would only make the United States more
dependent on foreign oil imports and would likely cause consumers to
pay even more at the pump. Besides, a tax increase of the type being
proposed would have the effect of raising prices at the pump, as costs
obviously would be passed on to consumers. That would obviously have a
reverse impact, the exact opposite of what we are trying to do with a
reduction of the gas tax on consumers of gasoline products.
Finally, there is a significant problem with the proposal to repeal
section 199 for U.S. oil companies. A proposal to do this passed the
House of Representatives earlier this year. But this very same
provision that passed the House would have the effect of keeping the
199 tax incentive for CITGO, the oil company owned by the Venezuelan
Government; obviously, not a good idea while we are repealing it for
American companies, to leave that tax incentive for a competitor of our
oil companies owned by the Venezuelan Government. I don't know whether
that was unintentional, but that is the effect of the amendment.
Clearly that is not something we would want to do. I don't think we
want to hold consumer relief hostage to a tax increase.
Amendment No. 4540, Withdrawn
The PRESIDING OFFICER. Under the previous order, amendment No. 4540
is withdrawn.
The Senator from California.
Mrs. BOXER. Mr. President, I thank my colleague, because we need to
move this bill along. There are 500 important projects in it. I have
colleagues who want to add more projects. I want to say, for the
benefit of everyone, there are some very legitimate technical
corrections that still need to be done. I have committed to my
colleagues, both Democratic and Republican--I have spoken to Senator
Lincoln, Senator Landrieu, Senator Ben Nelson, Senator Hutchison, only
a few moments ago--that our committee, myself working with Senator
Inhofe and our colleagues, is going to come up with a follow-on
technical corrections bill with the time to ensure it is put together
right. We do have some different ethics rules these days. We want to
make sure we vet everything and everything is put up on the Web site.
We have a number of very important technical corrections still to be
done, but we are going to do it in the next 3 weeks in committee. We
look forward to it.
I read a very complex unanimous consent request, and I don't think
anyone within the sound of my voice could possibly follow all of it. So
I thought in plain English, for the good of myself as well as my
colleagues, I would say where we are. We are going to have a couple of
votes on the issue of Coconut Road, which is a real problem for us, and
it has been straightened out in this bill. We fix the problem. But
there are colleagues who want to have an investigation, and we have two
alternatives. One is the Coburn amendment which sets up what I consider
a very complicated special select committee with Members from both
bodies. It will have public hearings. It will review things in public.
It will do all of that. At the end of that time, what the committee
will do is refer something to Justice, if they have found a problem.
That is the whole point of the select committee.
The problem is, if you read the Constitution, you see the debate
clause. We believe, from our constitutional scholars on this side, that
that whole committee will fall. It will not be able to do its job. The
House has told us they don't see how Senators can investigate House
Members and House Members can investigate Senate Members. We think the
best way to go, Senator Reid and I and others, is to have the Justice
Department get right in there. Ours is not a sense-of-the-Senate
approach. We require the Justice Department to move forward. Instead of
having a big Senate-House committee, with the press flashing pictures
and all the rest, just get to it and ask Justice to investigate. We
also worry, if there is a big committee--and there won't be, because
the House won't accept it anyway--irony of all ironies, the Coconut
Road fix will fall, because we fix it in this bill. If this bill falls
because of this committee--because it is unconstitutional--there won't
be a fix to Coconut Road. It is going to go back to the terrible change
that somebody made in the dead of night. We don't want that to happen.
I hope my colleagues will reject that approach and support the Boxer-
Reid approach which I believe is straightforward. It makes sense. It
gets right to the heart. If there is a crime, let's find out about it.
On the McCain amendment, I actually was looking forward to debating
it. I hope we will be able to, because there is a lot of dispute about
how it would actually work in the real world. There is nothing in the
McCain amendment that tells the oil companies they can't pocket the 18
cents that is going to come off. We have seen the oil companies. In
California, in some places, we are over $4. This hurts our hearts. We
see oil company profits soaring. If it were only the cost, they would
be having the same profit and passing on the cost. But, no, their
profits have gone up. We know about the CEO salaries and all the rest.
There is nothing in the McCain amendment--I would love to talk to
John about that--that would say to the oil companies: Don't use this as
a moment to raise 18 cents. So where might we be?
We might do this, and we would have to now go to the general fund.
All taxpayers would have to pay for this. Let's be clear. There is no
pay-for in the McCain amendment--none at all. It goes to the Treasury.
Who puts money in the Treasury? My taxpayers, your taxpayers, all
taxpayers. So taxpayers are now going to pay for this one way or the
other. We take it away from the users and the taxpayers pay, and there
is nothing in it that will ensure that the cost won't be nabbed and
grabbed by the oil companies. Then they get the extra 18 cents, and we
have blown a $9 billion hole in the Federal budget. It is amazing how
my colleagues could say, it is a time of stress. We have to do this. We
need to be a little bit more responsible.
I am looking forward to this debate. I like to pay for things. Maybe
I am old-fashioned. I am an old economics major. I think it is good to
pay for things. I think we could figure out a way to pay for things.
But to say nobody gets hurt when the tab in the McCain amendment is
picked up by all taxpayers is faulty. We will have to make up that $9
billion. We Democrats think there is a way to do it. We see the profits
of the oil companies. We say to the oil companies: Good for you, but
there is a point at which, when Americans are suffering, you have to do
a little bit more.
I, for one, look forward to debating the McCain amendment soon. We
will have that debate. But it isn't going to be on this bill. For that,
I am grateful for this reason: We are bringing this to a close, and
this package is in many ways a ministimulus. It will unleash $1 billion
into the economy. It will unleash some of these projects that are so
important for our people who got stuck for technical reasons or had to
have minor changes for other reasons. This $1 billion, when it is
unleashed, will create tens of thousands of good jobs, jobs building
highways, bridges, transit systems. We are very happy, and we expect to
have this vote at 3:30. We will
[[Page 6323]]
have first the Boxer amendment, then the Coburn amendment, then a
cloture vote, and then a vote on final passage. We should be doing very
well.
I ask unanimous consent that Senators Graham, Martinez, and Wicker be
recognized for a total of up to 10 minutes and that following their
remarks, Senator Kennedy be recognized for up to 20 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from South Carolina.
Mr. GRAHAM. Mr. President, there are a lot of things going on in
Washington that people probably don't understand and wonder about. How
could my Government not do better than it is doing. This is one of the
areas where most people understand what we are trying to do and would
appreciate any effort on their behalf to accomplish relieving the gas
tax for a period of time when a lot of Americans are traveling. If you
believe that a $600 check to Americans that comes from the Treasury,
that is not offset, is a good thing to help the economy, like 81 of us
do, this builds on that concept.
The Senator from California asks what we are trying to do. We are
trying to build on some concepts that have already passed the body. We
are injecting the economy with money so that people, consumers can buy
more to help stimulate the economy. We have all agreed on that being a
good idea. What is this doing? This is trying to take a Federal tax
that affects every American who drives a car during a window of time
when many Americans are going to be on the road doing a lot of things
they have looked forward to and planned, to reduce the burden of
traveling, to energize the economy, whether it is in terms of
recreational travel or business dealings. That will build on the
concept we have already agreed on. Now is the time to put money back
into the pockets of consumers, and relieving the gas tax during this
critical time and during this window of time makes perfect sense. I
congratulate Senators McCain and Kyl. This will not be a hard sell to
anybody out there who is paying taxes and driving a car. I hope we can
find a way to make this happen. The public would appreciate it. They
are going to appreciate the checks they get. The money will go to good
use. If we could relieve the tax burden on traveling by 18.6 cents per
gallon of Federal gas taxes during this window of time, people would
appreciate it. They understand why we need to do it. It would be a good
thing for the Congress, and I appreciate Senators McCain and Kyl
putting this concept on the floor. It is sad we can't get it passed
today, but I hope we do it sooner rather than later.
With that, being from South Carolina and Florida and Mississippi,
where people travel to destinations that are attractive to come to, I
hope we can pass this and help the American consumer.
I yield the floor.
The PRESIDING OFFICER. The Senator from Florida.
Mr. MARTINEZ. Mr. President, I am pleased to follow my colleague from
South Carolina. I understand where we are. This amendment has been
withdrawn. However, let me touch on this issue for a few moments,
because it is so very important that we give this concept due
consideration. In fact, at some point, the Senate should give it an up-
or-down vote. A gas tax holiday from Memorial Day to Labor Day, which
has a number of cosponsors, would allow American taxpayers to suspend
the gas tax during that period of time. The fact is we are not in easy
times in America today. We have rising gas prices, falling home prices,
which is resulting in falling home equity opportunities for families to
utilize their home as a means of defraying other costs in their
family's life. As food prices go up, home prices are going down.
The price of gasoline has gone up tremendously. Unleaded regular has
increased 53 cents per gallon this year. As a matter of fact, a tax
holiday of 18 cents a gallon gas tax and 24 cents a gallon on diesel
fuel from Memorial Day to Labor Day will help American families, will
help those who make a living driving on the road, moving and hauling
things through the trucking industry.
Why is it important to me as a Senator from Florida? We are a tourism
State. A lot of tourists travel to Florida by car. In fact, the
overwhelming majority of tourists come to Florida by car.
This is the average working family--the same people we are trying to
help with this economic stimulus. This is allowing a family to throw
their kids in the car and get on one of the interstate highways and
come down to Florida and visit the attractions, visit the beaches this
summer, and do what people do to bring families together, to be able to
recreate, to be able to vacation as families together.
This is an economic stimulus to the State of Florida. The State of
Florida is in hard times today because of the downdraft in the housing
economy. So this would act as a tremendous boost, and it would help
tremendously the families who are traveling in Florida and coming to
Florida.
Gas is about $3.38 a gallon for regular in the State of Florida right
now. It is a 51-cent increase from what it was a year ago. We get about
75 million tourists a year who come to the State of Florida. As a
result of that, a great deal of economic activity is generated. Over
the course of a year, about 25 million families are paying an
additional $68 million in Federal gas tax for just one fill-up. That is
on top of the fluctuating prices for a barrel of oil.
At the end of the day, we have to recognize this is an opportunity to
provide a stimulus to our economy, to help the Florida economy, and to
help the American family to be able to vacation this summer.
The Department of Treasury would transfer funds under this amendment
to make the highway trust fund whole. So, in other words, it is not
going to create a hole in the highway trust fund. It will not mean a
diminution in our commitment to maintaining our infrastructure. It is
simply going to give families a break between Memorial Day and Labor
Day. What a great thing. What a great time of year. For the 4th of July
we know millions of American families are going to set to the road--
hopefully, set to the road--if they do not have to break to their kids
the bad news because of the situation today. Because of difficult
family budgets, that kitchen table conversation may also include
saying: Children, guess what. We have to cancel our vacation to Florida
this summer. We can't afford to take the family car. The price of gas
is too high.
This would be a way to give the American family a break.
Amendment No. 4538
Mr. President, I want to take a moment and comment on something else.
The distinguished Senator from California, Chairman Boxer, commented on
the issue of Coconut Road. It is in my State of Florida. I am very
concerned about what occurred in the situation there, which I think is
well known to my colleagues in the Senate.
The fact is, what happened here is, at best, a questionable
procedure. So the reason for Senator Coburn's amendment, which I have
cosponsored, and Senator Nelson has cosponsored--so it is a bipartisan
amendment--is to try to get at the bottom of it. It is not to try to
create a Justice Department investigation. I do not know if there is
any criminal wrongdoing that has taken place. These are congressional
actions which are, frankly, in many ways reprehensible in my view but
which may not rise to criminality.
So the issue is, why not just investigate? Let's find out: How did
this happen? Because what I would hope we would all want to do is
prevent this from happening in the future. Do we need to change rules,
do we need to change procedures, or do we need to simply allow the
public to know who did something like this and what their motivations
were? I am not sure it rises to criminality. That is what the Justice
Department does. They investigate criminal conduct. I do think it rises
to the level of conduct that is not becoming to public officials that
is not designed to enhance the public trust.
The people of southwest Florida, who have tremendous traffic
problems--that I-75 is dramatically important to their lives, frankly,
as to the cost of fuel, the cost of how much time they spend idling on
the highways--want to know what occurred here.
[[Page 6324]]
All I want to do is allow, through this process, to provide some
clarity so they can know some answers. I believe the Coburn amendment
is appropriate. I do not want to see this be created into some
inquisition by the Justice Department but simply to get some Members to
come together around a table and say: How did this happen? What
happened here?
Let's give the people of southwest Florida the kind of answers they
deserve, they demand, and give confidence to the American people that
the Congress is acting in the people's best interests and not at the
behest of special interests.
With that, Mr. President, I appreciate the opportunity to comment on
both of these items, and I yield the floor.
The PRESIDING OFFICER (Mr. Casey). The Senator from Mississippi.
Mr. WICKER. Mr. President, might I inquire, how much of the 10
minutes is remaining from the request of the Senator from California?
The PRESIDING OFFICER. A minute and a half.
Mr. WICKER. I will do my best.
Mr. President, I thank Senator McCain and Senator Kyl for putting
forward this proposal. I was delighted to see it. I would, frankly,
hope that Democrats and Republicans could come together on this issue
in a bipartisan manner and provide this temporary relief for hard-
pressed Americans during the summer months.
Many people ask us, why are gas prices so high? Why is this
continuing to happen? As we know, there are many complex factors
involved in that: worldwide demand, countries such as China and India
increasing their demand for oil and gas at this point; also, unstable
governments in oil-producing regions; and Americans' continued reliance
on foreign sources of oil.
But, also, I must confess the problem being experienced by Americans,
in large measure, is due to Federal policies. In the mid-1990s,
President Clinton vetoed a proposal to drill in ANWR, even though the
residents of the State of Alaska have asked us for permission to drill
there and have told us they are satisfied it can be done in an
environmentally friendly manner. Also, we have had the refusal to
produce energy in America when we know it can be done in an
environmentally safe way, whether that be the production of more crude
oil, oil shale, or liquefied coal.
So the Federal Government and this Congress bear a good bit of the
responsibility. In light of that, I think we have to ask ourselves--Mr.
President, might I have an additional 1\1/2\ minutes?
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. WICKER. Thank you, Mr. President.
I think this Senate--Republicans and Democrats--needs to ask: We have
a choice. Do we ask the Federal Government to tighten its belt a bit
and adopt this summer-long Federal gasoline tax holiday or do we
continue to require American families to tighten their belts and pay
higher gasoline prices? Do we continue to require American farmers and
small businesses, who have to use transportation to earn a living, to
tighten their belts?
I think the better answer there is to provide 18 cents per gallon of
relief for American families, 24 cents per gallon of relief to those
who are required to use diesel to earn their livelihoods, and for the
Federal Government to tighten its belt and absorb this $8 billion to $9
billion that the Senator from California talked about.
The Senator from South Carolina mentioned we have already passed a
much more expensive economic stimulus measure because we are concerned
about the economy. This economy could go either way. We can take action
to prevent it from sliding into a recession. We have already adopted
one a few months ago. The McCain plan is another one. I
enthusiastically support the concept. I think it is time we give
Americans a break at the pump. This would do so during an important
period as our economy teeters on the edge.
I hope we continue to have this debate, as the Senator from
California suggested, and adopt it on a bipartisan basis.
I yield the floor.
The PRESIDING OFFICER. The Senator from Massachusetts.
Lilly Ledbetter Fair Pay Act
Mr. KENNEDY. Mr. President, the Senate must act to pass the Lilly
Ledbetter Fair Pay Act, and we must do so now. The House has already
acted on this bill to restore the basic protection against pay
discrimination as part of our Nation's commitment to equal justice and
full civil rights for all.
Protecting these fundamental rights and ending discrimination in all
forms are essential to our success as a nation. Republicans and
Democrats worked together to enact our civil rights laws, and the
American people want and deserve these protections to be implemented in
full.
The guarantee of equal pay was first enacted in 1963. When President
Kennedy signed the Equal Pay Act in 1963, he emphasized that protection
against pay discrimination is ``basic to democracy,'' and those words
are still true today.
In the years that followed, Congress passed other strong, bipartisan
laws to strengthen the guarantee of equal pay for millions of
Americans. Over the years, the Senate has gone on record time and again
in favor of fairness and against discrimination.
The Civil Rights Act of 1964 was enacted after long, difficult, and
contentious debate, but the cause of justice eventually prevailed. That
landmark legislation included many important protections, including,
for the first time, protection against pay discrimination on the job
because of race, national origin, gender, and religion. That is title
VII of the Civil Rights Act of 1964. Public accommodations is another
very major part of that legislation. But title VII provided these kinds
of protections against discrimination. That legislation passed 73 to
27.
We went on record again when the Age Discrimination in Employment Act
was passed in 1967, with unanimous support in the Senate. Equal pay for
those who are older; you are not going to be able to discriminate
against the elderly. It was passed unanimously.
The consensus in favor of the Rehabilitation Act of 1973, which
outlaws discrimination based on disability in federally funded programs
and activities, was so strong it passed the Senate by a voice vote.
All of us are familiar with the fact that if there is going to be a
dispute or major differences, people are going to call for a rollcall
vote, even if there is going to be only a handful of people against it.
In this situation, with regard to fair pay, equal pay, in the areas of
those people who are working with the disabled, the guarantee was going
to be fair pay. It, effectively, in the Rehabilitation Act of 1973,
passed the Senate by a voice vote.
In 1990, the Senate passed the Americans with Disabilities Act 91 to
6, and it was signed into law by the first President Bush. The first
President Bush has stated--and I have heard him eloquently say it was
the most important piece of legislation that passed and he signed into
law. It had protections against discriminating against those who are
disabled individuals.
We passed the Civil Rights Act of 1991 by an overwhelming margin of
93 to 5. That was a clear vote in favor of fairness. It too was signed
into law by the current President's father.
On this chart is the list where the Senate has addressed this issue
of equal pay for equal work. Going back to 1963, these are the
different Presidents who signed legislation--including President
Johnson, President Nixon, President Reagan, President Bush. Look at the
overwhelming votes: a clear indication of what the intention has been
by this Congress in terms of fairness and justice, and correctly so.
Each time we have considered the issue, the Senate has taken the high
road. Once again, we must demonstrate that we mean what we say. These
important laws established the bedrock principle of equal pay for equal
work, and they have made our Nation a stronger and better and fairer
land.
In these times of economic hardship, working people deserve more than
ever the chance to earn a fair day's pay for
[[Page 6325]]
an honest day's work. Yet, as a result of the Supreme Court's 5-to-4
decision--5 to 4: one vote--last May in Ledbetter v. Goodyear Tire &
Rubber Company, more American workers will have to endure pay
discrimination, without the means to stop it.
Let me show what is happening with regard to women at the present
time. We have serious economic challenges we are facing today. But look
at the overall economic challenges, the downturn in our economy, and
how it is playing out in terms of women. Women's earnings are falling
faster than men's. We all hear about the falling of purchasing power
among working families across this country. We can see it is falling a
good deal faster in terms of the decline in median wages in the year
2007 for women.
As I mentioned, this legislation also applies in terms of African
Americans, the disability community, age discrimination, national
origin quotas--all of them. Look what is happening with the current
economic crisis. Minorities are hit hardest by the economic downturn.
So we have the economic downturn going on, and we have this decision
which said the employers are going to be able to discriminate against
workers on the basis of race, gender, national origin. It is
unbelievable that a Supreme Court of the United States, 5 to 4, would
overturn 5 to 6 major pieces of legislation that were decided
overwhelmingly by this body over a 30-year period which say we want
equal pay for equal work.
The list goes on. We know, basically, women make 77 cents for every
dollar paid to men. That is existing. These are the current data of the
U.S. census in 2007. So this is the current situation, generally. What
we are trying to do is change this; to get equal pay for equal work.
But inherently, this is where we are in 2007, and unless we change
this, it is going to continue or probably even grow worse.
It is reflected, as we would expect, in family income. This chart
shows we are talking about equal pay for women, and this legislation
also applies to African Americans and national origin. Here we have
African-American men receiving 21 percent less pay than White men. We
find the same for Latinos. They are affected by this decision as well.
Latinos receive 72 cents for every dollar earned by White workers. This
shows the distinction, the annual distinction, about $8,000 a year.
This has been true.
So we know we are facing a difficult economic time. We also know the
people who suffer the most are the people--whether it is women, whether
it is African Americans, whether it is Latino, whether it is disability
or whether it is elderly, all those groups are affected by the
Ledbetter decision, and in the face of 30 years of this Congress saying
time and time and time again, in a bipartisan way, we are going to
insist on equality of pay for equal work. That is the issue. That had
been the law. This legislation we are talking about with Ledbetter, we
are trying to go back to what the law was.
This chart indicates--the light green is what we would go back to,
and the dark green is where the EEOC held the same as we are proposing
in this legislation. This had worked and worked effectively. That is
why the CBO said this isn't any further additional burden on industry
or business. We are going to hear that argument. We have the CBO study
which says that, because basically most employers want to do the right
thing. They understand it, they respect it, and they want to do the
right thing. So they are not going to be penalized; it will be others
who will be penalized.
On this final point, as I mentioned the different groups affected,
this shows pay discrimination hurts all kinds of Americans. This orange
depicts the disabled, this is national origin, 760. These are cases of
pay discrimination charges, including 2,470 in terms of the gender; and
on race, 2,352; on age discrimination, 978. So this is 7,000--these are
the cases that are brought. Most estimates are it is in the hundreds of
thousands of actual cases that are out there that people don't know
about.
Lilly Ledbetter didn't know about the fact that she was being
shortchanged for years and years and years because people keep the
payroll secret. Finally, she hears from others who are working and who
are doing comparable work, and she gradually puts it together that she
has been shortchanged. Sure enough, she had been shortchanged for years
and years and years. The local jury made the decision to pay the
damages and the Supreme Court overruled it and said: You are out of
luck, Lilly Ledbetter. You should have brought your case within 180
days of the time you were employed. Even though you didn't know about
it, you still should have brought it. Even if you didn't know about it,
tough luck. You have no remedies. No remedies. No remedies. It has been
going on for years. None. That is fundamentally and basically wrong,
and that is what we are changing.
We have very strong support for this legislation. We have the support
of various groups, including the American Association of People With
Disabilities; the AARP, obviously, because of discrimination of the
elderly; Business and Professional Women, the NAACP, United Auto
Workers, National Congress of Black Women, the Religious Action Center,
U.S. Women's Chamber of Commerce. They understand it and see it. The
list goes on. I will include a more complete list with my remarks for
the Record.
Many people give speeches on fairness and the need to help people in
these tough economic times. An important way we can do so is by proving
we still stand strongly against pay discrimination, that we would not
allow the rights workers thought they had to be undone by misguided
court decisions. Fair treatment for all employees is especially
important now. As I mentioned, our faltering economy is hitting working
families hard. There were 230,000 jobs lost in the first 3 months of
this year. Unemployment rates climbed. Over 1 million working men and
women have joined the unemployed since this past year.
Few doubt that we are now in a serious recession. It has been
particularly hard on women and minorities and on workers--particularly
hard. Of the 80,000 jobs that were lost in this last month, 50,000 were
construction workers. The unemployment rate among women has risen
sharply in the past year. Minorities are suffering more. Unemployment
for African Americans is now well over 9 percent, almost twice the
national average.
The impact of unfair pay practices is staggering. Today, as I
mentioned, women still earn 23 percent less than men; African
Americans, 21 percent less than White men; and Latinos earn 72 cents
for every dollar paid to White workers.
In fact, the financial security of all working men and women is
undermined by this recession. Workers are suffering already, and
millions increasingly find their paychecks do not go far enough. They
don't deserve to bear the additional burden of discrimination in their
pay. The cost of this discrimination becomes more and more intolerable
over time. Lilly Ledbetter lost tens of thousands of dollars over the
course of her career because every paycheck made the burden of the
discrimination even greater.
There is no doubt that the Supreme Court's decision in the Ledbetter
case has left employees without one of the fundamental protections
against pay discrimination that Congress intended them to have. The
Court decision undermined their ability to hold employers accountable
for such discrimination by imposing serious and unnecessary obstacles
to ending the discrimination against them.
Under the Ledbetter case, the time limit for filing of pay
discrimination claim begins to run, as I mentioned, when an employer
decides to discriminate--not when the worker finds out about the
discriminatory paycheck. Employers who conceal their illegal action for
180 days are free to discriminate. They can pay women less than men.
They can pay African Americans less than Whites. They can pay older
Americans less than younger ones and pay religious minorities and
persons with disabilities less than other workers. These employees can
never, ever obtain relief. Paycheck after paycheck
[[Page 6326]]
can keep implementing the discrimination, and workers have no way to
hold employers accountable.
Clearly, the decision has opened up a flagrant loophole in our civil
rights, and the Congress cannot let it stand. Under this bill, the 180-
day clock restarts with every discriminatory paycheck, so employees can
challenge ongoing discrimination, even if their employer successfully
hides its true motives at first.
Lilly Ledbetter was one of the few women supervisors at the Goodyear
Tire and Rubber Company in Gadsen, AL. She worked at the plant for
almost two decades, constantly fighting to prove that women could do a
job traditionally done by men. She endured insults from her male
supervisors. She was told the plant didn't need women. Yet she
persevered and gave the company a fair day's work. She had children and
both she and her husband were working hard to support them. She had no
idea Goodyear was not living up to its responsibility to pay her
fairly.
For almost two decades, the company discriminated against her by
using discriminatory evaluations to pay her less than her male
colleagues who performed exactly the same duties. Many of those male
colleagues had less seniority and experience than she had, but they
were still paid more than she was for identical work.
The jury saw the injustice of Goodyear's mistreatment of Ms.
Ledbetter and awarded her full damages. Five members of the Supreme
Court ignored that injustice and ruled Ms. Ledbetter was entitled to
nothing at all--nothing at all--because she filed her claim too late.
The Court's decision gives countless employers a free hand to conceal
and continue illegal discrimination and leaves workers powerless to
stop it.
The bipartisan Fair Pay Restoration Act will restore the clear intent
of Congress when we passed the important laws I mentioned earlier. It
would restore the fair and reasonable rule that applied in the vast
majority of the country until May 29 of last year. If we pass this
bill, we can go back to the longstanding rule that the clock begins to
run for filing a pay discrimination claim on the day a worker receives
a discriminatory paycheck, rather than the day the employer first
decides to discriminate.
By enacting this law, we will restore a rule that reflects how pay
discrimination actually occurs in the workplace, and it will give all
workers a fair means to stop ongoing discrimination and obtain fair
compensation for the discrimination they have endured. By doing so, we
will also be helping to prevent employers from engaging in such
discrimination in the first place.
There is nothing radical about the changes this bill will make. It
simply restores the law employers and workers had lived with for many
years, until last May 29, the date of the Supreme Court's distressing
decision.
I urge my colleagues to join me in restoring the full strength of the
antipay discrimination laws we have enacted in the past. Let's take a
clear stand for all working men and women and pass the Lilly Ledbetter
Fair Pay Act.
Mr. President, I ask unanimous consent that this list of supporters
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Organizations in Support of the Fair Pay Restoration Act (S. 1843)
LCCR; 9to5, National Association of Working Women;
Advocacy, Inc.; Alliance for Disabled in Action; Alliance for
Justice; American Association of People with Disabilities
(AAPD); AARP; American Association of University Women;
American Civil Liberties Union; American Federation of Labor
and Congress of Industrial Organizations (AFL-CIO); American
Federation of State, County and Municipal Employees (AFSCME);
American Federation of Teachers (AFT); American Humanist
Association; American Library Association; Anti-Defamation
League; Asian American Justice Center; Association for Women
in Science; Bazelon Center for Mental Health Law; Business
and Professional Women.
Center for Inquiry; Center on Women and Policy;
Clearinghouse on Women's Issues; Coalition of Labor Union
Women (CLUW); Consortium of Citizens with Disabilities Rights
Task Force; Educational Foundation of America; Easter Seals;
Equip for Equality; Equal Rights Advocates; Federally
Employed Women; Feminist Majority; Healthy Teen Network;
International Union, United Auto Workers (UAW); Jobs with
Justice; Lawyers' Committee for Civil Rights Under Law;
League of United Latin American Citizens (LULAC); Legal
Momentum; Let Justice Roll Living Wage Campaign; MANA--A
National Latina Organization; Mexican American Legal Defense
and Educational Fund (MALDEF).
NAACP; NAACP Legal Defense & Educational Fund, Inc.;
National Academy of Engineering; National Association for
Girls and Women in Sports; National Association of Collegiate
Women Athletic Administrators; National Associations of
Commissions for Women; National Center for Lesbian Rights;
National Center on Domestic and Sexual Violence; National
Coalition for Disability Rights; National Committee on Pay
Equity; National Congress of Black Women, Inc.; National
Council of Jewish Women (NCJW); National Council of Women's
Organizations; National Disability Rights Network; National
Education Association; National Employment Lawyers
Association; National Fair Housing Alliance; National Gay and
Lesbian Task Force; National Organization for Women (NOW);
National Partnership for Women & Families; National Senior
Citizens Law Center.
National Women's Conference Committee; National Women's Law
Center; National Women's Political Caucus; NETWORK, A
National Catholic Social Justice Lobby; OWL--The Voice of
Midlife and Older Women; Paralyzed Veterans of America;
People For the American Way (PFAW); Religious Action Center;
Sargent Shriver National Center on Poverty Law; Service
Employees International Union (SEIU); The Disability Law
Center of Massachusetts; The Impact Fund; The WAGE Project,
Inc.
U.S. Women's Chamber of Commerce; USAction; Veteran
Feminists of America; Wider Opportunities for Women; WIN
Group International; Women Employed; Women Work! Women Work!
The National Network for Women's Employment; Women's
Institute for a Secure Retirement; Women's Law and Policy
Project; Women's Law Project; Women's Research & Education
Institute (WREI); Women's Sports Foundation; YWCA USA;
4ERA.org; 9to5 Atlanta; 9to5 Bay Area; 9to5 Colorado; 9to5
Los Angeles; 9to5 Poverty Network Initiative; ACLU Women's
Rights Project; Adrian Middle School; ADA Watch; AFSCME;
Alliance for Disabled in Action; Alliance for the Status of
Missouri Women.
AAUW of Alabama; AAUW of Alaska; AAUW of Arizona; AAUW of
Arkansas; AAUW of California; AAUW of Colorado; AAUW of
Connecticut; AAUW of Delaware; AAUW of District of Columbia;
AAUW of Florida; AAUW of Georgia; AAUW of Hawaii; AAUW of
Idaho; AAUW of Illinois; AAUW of Indiana; AAUW of Iowa; AAUW
of Kansas; AAUW of Kentucky; AAUW of Louisiana; AAUW of
Maine; AAUW of Maryland.
AAUW of Massachusetts; AAUW of Michigan; AAUW of Minnesota;
AAUW of Mississippi; AAUW of Missouri; AAUW of Montana; AAUW
of Montgomery County; AAUW of Nebraska; AAUW of Nevada; AAUW
of New Hampshire; AAUW of New Jersey; AAUW of New Mexico;
AAUW of New York; AAUW of North Carolina; AAUW of North
Dakota; AAUW of Ohio; AAUW of Oklahoma; AAUW of Oregon; AAUW
of Pennsylvania; AAUW of Rhode Island.
AAUW of South Carolina; AAUW of South Dakota; AAUW of
Tennessee; AAUW of Texas; AAUW of Utah; AAUW of Vermont; AAUW
of Virginia; AAUW of Washington; AAUW of West Virginia; AAUW
of Wisconsin; AAUW of Wyoming; Arizona Coalition Against
Domestic Violence; Asian American Justice Center; Association
for Women in Science; Black Women's Health Imperative; BPW/
Alabama; BPW/Alaska; BPW/American Samoa; BPW/Arizona; BPW/
Arkansas.
BPW/California; BPW/Colorado; BPW/Connecticut; BPW/
Delaware; BPW/District of Columbia; BPW/Florida; BPW/Georgia;
BPW/Hawaii; BW/Idaho; BPW/Illinois; BPW/Indiana; BPW/Iowa;
BPW/Kansas; BPW/Kentucky; BPW/Louisiana; BPW/Maine; BPW/
Maryland; BPW/Massachusetts; BPW/Michigan; BPW/Minnesota.
BPW/Mississippi; BPW/Missouri; BPW/Montana; BPW/Montgomery
County; BPW/Nebraska; BPW/Nevada; BPW/New Hampshire; BPW/New
Jersey; BPW/New Mexico; BPW/New York; BPW/North Carolina;
BPW/North Dakota; BPW/Ohio; BPW/Oklahoma; BPW/Oregon; BPW/
Pennsylvania; BPW/Puerto Rico; BPW/Rhode Island; BPW/South
Carolina.
BPW/South Dakota; BPW/Tennessee; BPW/Texas; BPW/Utah; BPW/
Vermont; BPW/Virgin Islands; BPW/Virginia; BPW/Washington;
BPW/West Virginia; BPW/Wisconsin; BPW/Wyoming; Chicago
Abortion Fund; Citizen Action of NY; Clearinghouse on Women's
Issues; Philadelphia CLUW; Connecticut Permanent Commission
on the Status of Women Crossrodes; Urban Center; Dads and
Daughters; Georgia Coalition Against Domestic Violence;
Georgia Rural Urban Summit.
Hard Hatted Women; Justice Jane; Las Animas County CSE;
Legal Momentum; Let Justice Roll Living Wage Campaign; MANA A
National Latina Organization; NETWORK, A National Catholic
Social Justice Lobby; National Capital Area Union Retirees
Club; National Center for Lesbian Rights; National
[[Page 6327]]
Coalition for Disability Rights; National Council of Jewish
Women--California; National Council of Jewish Women--
Connecticut; National Council of Jewish Women--Greater
Detroit Section; National Council of Jewish Women--Greater
New Orleans; National Council of Jewish Women--Minnesota;
National Council of Jewish Women--Northern Virginia; National
Council of Jewish Women--Ohio; National Council of Jewish
Women--Pennsylvania; National Council of Jewish Women--
Portland; National Council of Jewish Women--Rhode Island;
National Council of Jewish Women--St. Louis.
National Council of Jewish Women--Virginia; National
Council of Jewish Women--West Virginia; National Council of
Women's Organizations; Alabama, NOW; California, NOW;
Colorado, NOW; Connecticut, NOW; Fayetteville, NOW; Florida,
NOW; Georgia, NOW; 1Illinois, NOW; Iowa, NOW; Kansas, NOW;
Lawrence Chapter, NOW; Los Angeles, NOW; Maryland, NOW;
Massachusetts, NOW; Minnesota, NOW; Missouri, NOW; Nevada,
NOW.
New Hampshire, NOW; New Jersey, NOW; Oregon, NOW; Santa Fe,
NOW; Treasure Valley, NOW; Utah, NOW; Virginia, NOW; West
Pinellas, NOW; Missouri Women's Network; MomsRising.org;
Montgomery County Commission for Women; National Women's
Conference Committee; National Women's Law Center; National
Women's Political Caucus; New Mexico Voices for Children; New
York State Pay Equity Coalition; Ohio Domestic Violence
Network; San Bernardino, OWL; PathWaysPA.
Pennsylvania NOW, Inc.; Pick Up the Pace; Planned
Parenthood of Nassau County; Project IRENE; Silver & Brass
Music; South Dakota Advocacy Network for Women; UAW 1853
Women's Committee; Veteran Feminist of America; USAction;
West Virginia Women's Commission; Wisconsin Women's Network;
Women Against Sexual Harassment; Women on the Job Task Force,
NY; Women's Institute for a Secure Retirement; Women's Law
Center of Maryland, Inc.; Women's Opportunity Link of
Delaware, Inc.; Women's Research & Education Institute
(WREI); YWCA Greensboro.
Mr. KENNEDY. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Nelson of Nebraska). The clerk will call
the roll.
The assistant legislative 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.
Mr. REID. Mr. President, I believe I have an obligation to say a few
things about the amendments offered by Senators Coburn and Boxer
regarding the investigation of the Coconut Road controversy.
As most of my colleagues know, there are reports that a Member of the
House of Representatives arranged to have the text of the 2005 highway
bill changed during the enrolling process, which is quite unusual. This
was after the bill had passed both Houses. Serious allegations have
been made about the motives of this Member for doing this. The facts
are not certain, but some say they are clear.
The junior Senator from Oklahoma has done an important service by
shining public attention on this matter. The facts are not yet all
known, as I have just said, but if these allegations--or some of them--
are true, this is one more example of the corruption that permeated the
Congress in recent years. We have two Members of Congress who have gone
to prison. We have staff members who are in prison. Some are on
probation and have pled guilty. So it is fair to say there was a lot of
corruption in recent years.
Just last year, the new Democratic Congress passed S. 1, the most
sweeping lobbying reform effort in the history of our country, in an
effort to restore public trust in Congress. These reforms are already
changing the way business is done in Washington. Lobbyists have less
influence, and there is more transparency in the legislative process.
We all agree that any misconduct in the legislative process should be
fully investigated. Specifically, we want to get to the bottom of this
alleged misconduct involving the Coconut Road provision in the 2005
highway bill. The only disagreement between Senators Coburn and Boxer
is how the investigation should be conducted.
Certainly, an investigation of the conduct of a Member of the House
of Representatives should be done by the House. I think we get
ourselves into a problem we should not, constitutionally or morally, by
having the House tell us what we should do as far as our own Senators.
We should not be telling them what they should be doing regarding House
Members. Our Constitution does not provide the Senate with authority to
direct a House committee to initiate any kind of action like that.
The Coburn amendment proposes a committee of Members from both the
House and Senate conduct this investigation. But I believe Senators
should not and cannot investigate a House Member any more than a House
Member should or could investigate a Senator. Although Senator Coburn's
goal of fully investigating the incident is worthy--and I think
everyone shares his goal--the Senator's amendment is at odds with
article I of the Constitution.
If we send this constitutionally dubious amendment to the House, it
could jeopardize the entire highway technical corrections bill. Why do
we want to mess with that? We should not. That is why Senator Boxer has
proposed that the Justice Department review the allegations of criminal
misconduct.
I would want everyone to recognize that in law, there is this saying:
What are you trying to do, make a Federal case out of it? Why do we say
that? Because it puts the fear into people because they know the
Justice Department does a better job than anyone else investigating
wrongdoing.
So what Senator Boxer proposed is to let the Department of Justice
review the allegation of criminal conduct, which is the right way to
go, and it is not an easy way to go.
According to public reports, the Justice Department and the FBI may
already be investigating related matters, and who knows, maybe this
precise matter.
If violations of Federal criminal law occur, it is in the province of
the Justice Department and FBI to investigate and prosecute. The Boxer
amendment simply calls on the Justice Department to review allegations
of impropriety and find if Federal criminal laws have been broken.
The Boxer amendment asks the Justice Department to act in an
appropriate manner. In fact, to be precise, it says the Department
``shall act consistent with applicable standards and procedures.'' In
effect, we are asking that this be made a Federal case. This phrase
recognizes the importance of separation of powers that we have in our
great country. The language incorporates the principles, privileges,
and responsibilities that guide Congress's exercise of its
constitutional authority to discipline itself. It also remains true to
the principles of legislative autonomy and fair, neutral enforcement of
the laws.
This amendment does not waive any legislative privileges of Members
or committees of Congress. It does not seek to intrude upon the
constitutional duty of each House of Congress to discipline its own
Members, nor does it alter the duty of the executive branch to
faithfully execute laws.
The amendment simply memorializes the reality that there are serious
allegations that may rise, perhaps to the level of criminal violations.
Again, what we are trying to do is make a Federal case out of this.
It is entirely appropriate for the Justice Department to assume this
responsibility.
For these reasons, I urge my colleagues to support the Boxer
amendment and oppose the Coburn amendment. I express my appreciation to
Senator Boxer for her hard work on this bill and certainly on this
amendment. Those of us who know Senator Boxer know how tenacious she
is. We have had the good fortune to work together for almost 26 years
in Congress. I have the greatest affection, admiration, and respect for
her as a person and her legislative skills and abilities. They
certainly have been made very apparent with the work done on this
latest piece of work which we hope will be completed in an hour or so
from right now.
The PRESIDING OFFICER (Ms. Klobuchar). The Senator from California is
recognized.
Mrs. BOXER. Madam President, before the majority leader leaves the
floor, I thank him very much because
[[Page 6328]]
he helped me enormously in this whole matter of an investigation. What
we all want to do is get to the bottom of what happened with this
Coconut Road situation, where it appears as if there may have been some
activity that merits punishment.
When we heard that Senator Coburn wanted to take on this issue, we
welcomed that because we do believe we have a responsibility to regain
the trust of our people. That is why under Senator Reid's leadership we
passed the most far-reaching ethics reforms ever.
I see my friend is in the chair. She is part of the new class of
Senators who pushed very hard for that legislation. Therefore, when
Senator Coburn came forward, we believed we certainly wanted to do
something. But what Senator Reid, because he is a distinguished
attorney, taught me is, there is a speech and debate clause in the
Constitution, and this investigation with a select committee, House
Members and Senate Members investigating each other and staff, could
fall.
Here is the point, before my friend leaves the floor. The irony of
all ironies is, if, in fact, the Coburn solution were to be adopted
today and it did go forward, although we think it will bring the whole
bill down, it wouldn't. But let's say it is adopted. Nothing they do
would really lead to anything until the end of their hearings. I call
it kind of a circus atmosphere where colleagues would come, flashbulbs
in everybody's face, and they take testimony. Nothing of consequence
would occur, I say to my friend, until the end when they decide if
there was something the Justice Department needed to look into.
Why have all that hoopla when you can get to the heart of the matter,
which is saying to the Department of Justice: We want you--and this
will require them. It doesn't say you ``may,'' it says you ``shall''
look into this. If the bill did fall, here is the totally irony: The
fix to Coconut Road would fall. In other words, in the technical
corrections bill, we fix the problem. If this whole thing falls because
of the Coburn amendment, then we go back to the real problem of
somebody changing the route of this particular road or building,
freeway, whatever it was that was going to increase somebody's
property. That would be the worst of all worlds.
I thank my leader for his help on this matter. He knows when I heard
about this amendment, I said to him: Yes, we need to look into this,
and he wanted to do it in the right way. He and his staff have been so
helpful in getting us to this point where we have a very good
alternative. I hope everybody votes for it.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Madam President, I hope everyone heard what the chairman of
the Environment and Public Works Committee just said. If we are unable
to pass this technical corrections bill, which we hope to do in an
hour, an hour and a half, if we fail to do that, the fix that was put
in the bill, the technical correction that was made to take care of the
Coconut Road problem would not be taken care of. That would be a
travesty and a circular road to nowhere.
I even hope my friend, Dr. Coburn, would withdraw his amendment. He
perhaps will not do that, but I hope that everyone, Democrats and
Republicans--this is not a partisan issue. It deals with housekeeping
that we do. It is important.
I say to my friend, the chairman of the Environment and Public Works
Committee, she also has another job that is extremely difficult and
extremely important. She is chairman of the Ethics Committee. Having
served on that Ethics Committee and having chaired that committee for a
long time, I know it is a tough job. This gives me an opportunity
publicly to say--and I think all Senators will extend this appreciation
to her, Senator Cornyn and the other four Members who serve on that
most important committee, for the dedication and the hours they spend
away from the cameras. These are in closed hearings talking about
allegations made against individual Senators. They have done, and they
continue to do, a remarkably good job.
There is no one who is in a better position today to talk about what
is going on in the Senate with matters of violations having been
alleged than the Senator from California.
What I think the amendment does is focus attention on the Justice
Department, just where it should be. I hope everyone will go along with
that amendment, Democrats and Republicans.
The PRESIDING OFFICER. The Senator from Louisiana.
Mr. VITTER. Madam President, I ask unanimous consent to speak as in
morning business for up to 15 minutes.
The PRESIDING OFFICER. Without objection, it is so ordered.
Health Care
Mr. VITTER. Madam President, today I stand on the Senate floor and
continue a very important discussion that I began with all of my
Republican classmates in the Senate several weeks ago. It is about the
need for dramatic, bold, health care reform in this country.
We adopted this as a class project, if you will. Again, I thank my
colleagues Senators Thune, Burr, DeMint, Martinez, Isakson, and Coburn
for their hard work on this important debate, on this important
discussion.
Again, the idea is very simple: to put forward our conservative,
free-market principles and what vision that leads to in terms of
necessary, bold, transformative health care reform, and also to provide
a clear contrast between that vision and the alternative, which is
clearly in our mind a big government solution, a one-size-fits all
solution that has the government role in health care grow and grow and
private individual choice lessened and lessened.
In the first week of this discussion on the Senate floor, I rose and
laid out our broad principles and where we wanted this discussion to
lead. Again, as I said that week, I believe there is great consensus in
America, almost universal consensus that our health care delivery
system is badly broken and that major reform needs to take place. But,
of course, having said that, the hard part is figuring out what that
change is and how it can work best for the American people.
As I said in those introductory comments, I believe the broad choices
are clear. Our conservative, free-market vision is to empower the
individual, to maximize choice, to help everyone get good private
insurance that is accessible and affordable, to use taxpayer dollars
where appropriate to help the truly poor afford that sort of good
private insurance that stresses preventive care and other measures that
will bring down health care costs. But that is a very different vision
from one based on Government first and foremost, based on Government
programs, one-size-fits-all, growing those programs and in the process
lessening individual choice and responsibility and lessening the
sanctity of the individual doctor-patient relationship.
In the second week of our discussion, our colleague John Thune came
to the floor and elaborated on a very important component of this
message, which is that we want to stress a choice of private health
plans as a predominant factor in American health care versus Government
programs, or the one-size-fits-all, pushing people more and more in
that direction and increasing the dominance of Government in this very
major sector of our economy.
Following up on that, I come to the Senate floor this week to talk
about a closely related principle and closely related theme, which is,
again, opting for individual choice and incentives versus forced
enrollment or forcing action upon citizens by the Government. Again,
this is a crucial element of our vision for the dramatic, bold health
care reform we need.
We believe firmly and we believe strongly that individuals are
capable of choosing their own health insurance plan and that we must
continue to focus on individuals and empowering individuals with
choices and with incentives, not forcing individuals in a certain
direction. So we are opposed to forcing people to enroll in certain
plans rather than providing incentives for individuals to make rational
[[Page 6329]]
choices that fit their own circumstances.
Congress should be pushing reform that creates those incentives for
individuals, for employers, for insurance companies, and for States to
come up with innovative solutions. We shouldn't be forcing mandates
down people's throats, forcing them to enroll in any particular big
government or other program. The way we can most effectively maximize
this choice and empower the individual is through the Tax Code,
creating options for families and individuals through the Tax Code that
help those families buy insurance, that create those incentives that
make sure it is accessible and affordable for everyone.
Now, as I suggest, Madam President, I have some pretty fundamental
philosophical objections to mandating action on people. But in addition
to that, I have some very practical concerns. If we look at other
jurisdictions--States, even other countries--that force these mandates
on people, we find they really don't work in the end.
A few examples. Hawaii--obviously a State--has a mandate that all
employers must provide their workers with health insurance. Well, they
think that is a magic wand that just automatically solves the problem.
But it doesn't. First of all, unfortunately, it creates a barrier in
many instances to creating jobs, increasing employment, and growing
business. So that is a problem. But even beyond that, it doesn't insure
all workers. In fact, in Hawaii, 10 percent of workers--not unemployed
people, not nonworkers, but 10 percent of workers--- do not have health
insurance. So there is the very practical issue of simply throwing out
an edict, a mandate from the Government which doesn't accomplish the
goal.
Another example is Canada. Canada requires everyone to be covered.
Again, that creates significant challenges in actually making that
happen and enforcing that rule. For instance, in the province of
British Columbia alone, more than 40,000 people somehow slipped through
the cracks or slipped through that mandate. It isn't a magic wand, and
it doesn't get done.
So we believe there is a better way, and that is to maximize choice,
empower the individual, and create incentives. That will get a great
number of people enrolled and provide more affordability and access to
health care.
We believe, as a part of that, that existing Government programs can
be improved and modernized and made more efficient. And that is
important. But we are opposed to attempts which often come up in this
body and the other body of Congress that try to significantly expand
these programs well beyond the bounds of how they were originally set
up, well beyond the core constituencies or income levels for which they
were established. We believe that is going down the path of big
government, nationalizing health care, making government the dominant
force by far, and we don't want to do that.
We also believe that encouraging competition in the marketplace is
key to lowering health care costs. So we are opposed to price controls,
profit ceilings, rigid expensive requirements, and mandates that
usually end up doing exactly the opposite.
We believe in recognizing that seniors have increasingly turned to
Medicare Advantage Plans because they offer a better value and in many
cases a higher quality of care than traditional fee-for-service
Medicare. So we are opposed to efforts to dismantle these programs and
again lessen choice, lessen individual responsibility and choice, and
push folks in one certain direction--back to a one-size-fits-all
traditional Medicare fee-for-service.
We also believe that taxes should be as low as possible and that the
Tax Code should be changed to put money back into families' hands,
which would allow them to purchase their own health insurance. We are
opposed to increasing taxes and using that money to pay for a big
government one-size-fits-all model.
Madam President, I look forward, as do all of my Republican Senate
classmates--Senators Thune and Burr, DeMint, Martinez, Isakson, and
Coburn--to continuing this discussion, continuing this debate. As I
said at the beginning, I believe virtually all of America agrees that
the American health care delivery system is badly broken, that we are
in desperate need of not just tinkering around the edges but bold,
dramatic reform. So we want to come forward and lay out those
conservative and market-based principles that we believe are the right
type of change, the type of reform Americans want, reform that empowers
the individual, that respects that individual doctor-patient
relationship, and that maximizes choice and creates incentives, and not
the wrong choice that grows big government, that lessens choice, that
increases mandates, that pushes individuals in a certain direction
rather than allowing them to understand what best meets their needs.
Next week, Madam President, we will continue the discussion as
another of my Republican Senate classmates takes to the floor to talk
about another issue in this important debate, and I look forward to
listening and participating in that discussion.
Madam President, I yield the floor, and 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. COBURN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Coburn and Boxer Amendments
Mr. COBURN. Madam President, I wish to spend a few minutes just to
make some observations during this short debate we are going to have
before the amendments are voted on.
We are going to have a vote on the Boxer amendment and then on the
Coburn amendment, both trying to get to the bottom of a problem. We
have agreed to a 60-vote margin on both of those, but I wonder what
happens to this issue if neither of those amendments gets 60 votes, and
why are we having a 60-vote margin? Everybody agrees that this
amendment about a postenrollment change to a bill needs to be solved.
The mystery surrounding how it happened, where it happened, and why it
happened needs to be solved. But now we have before us a hurdle which,
in all likelihood, will eliminate our ability to find out.
It is claimed, and understandably, that my amendment would look into
a problem in the House. That assumption, however, is incorrect because
nobody knows exactly where this enrollment change happened. Some may
think they do, but we don't know that.
Second of all, and probably more importantly, is the fact that a bill
agreed to by both Houses of Congress was changed before it got to the
President without our knowledge.
There also is the claim that if, in fact, we would have a bipartisan
committee, with Members of both Houses looking into this, it is somehow
precedent setting. It is not. In 1992, the House and Senate did
combine--not on this specific issue--so there is a precedent there that
no one can deny, that we looked at rules and processes and procedures,
and we did that without any difficulty.
On the other side of the aisle is the Boxer amendment, which says we
are going to ask the Justice Department. We are not going to ask them,
actually, we are going to tell them that they shall do this.
The argument has been made that the speech and debate clause is
violated by my amendment. I don't think that is accurate, but I will
take that as an argument. But for the Boxer amendment to pass, the
separation of powers will be violated. These are not laws. These are
rules of Congress. Yet we are going to now invite in the executive
branch to handle what we refuse to handle? The cynicism in me says that
maybe we don't want to know the answer to this question.
We very simply could have had a majority vote on both of these, and
the one that got the most votes would have won. We don't have the
parliamentary power to force that to happen, and we do have the
concurrent agreement of the chairwoman of the EPW Committee to have a
vote, which I appreciate. I would not tell her that I do not
[[Page 6330]]
appreciate that. I do appreciate the opportunity to have a vote. But
the question still remains: What happens if we don't get 60 votes? Will
something happen on this?
What I want us to do is restore the integrity of the enrollment
process. If we fail to do that, if we fail to do that and if we invite
the executive branch into our Houses, we have failed--we have failed to
live up to our own responsibility in the Senate and in the House, and
we have failed to protect what is truly a separation between us and the
executive branch in how we have gone about it.
So I thank the good nature and good humor of the chairman of the
committee for the lively debate we had yesterday. But, someday,
somebody will write about this issue, and I am not sure history is
going to be very kind to us as we worry about partisan issues, who gets
credit, who didn't, pointing fingers.
The fact is, we have a problem that should be solved by a joint group
of Members of this body. To say we can't do that denies the fact that
we have integrity. We do have integrity. We do have honor. We do have
commitment. And most of all, we want to build the confidence of the
American people in Congress. I believe that will happen under my
amendment. I am not sure it will happen if we don't pass it. As a
matter of fact, I am certain that if we don't have one of these that
gets accepted in conference, we will not be able to claim that.
I have heard the statements of the chairwoman of the EPW Committee,
and I believe her statements. So whatever happens here, it is my hope
that she will encourage that to happen in conference. It won't be
telling the House what to do; rather, it will be asking them to concur
that we ought to look into this.
Washington has a problem, and the problem is this: We are not
believable to the American public. More than 70 percent of the people
in this country have no confidence in us, and we ought to be about
repairing the institution and repairing that confidence.
With that, Madam President, I yield back.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Madam President, I thank my colleague for bringing this
issue to our attention. I think he knows that in the beginning there
were some voices that said: Let's not deal with this. But we worked
together, and we did come up eventually with a way to deal with it.
I think some of our colleagues believe that where there is a
constitutional issue and a precedent-setting issue here involving such
a delicate matter, such a matter that could lead to a criminal
investigation and punishment, we ought to have some type of consensus
on it. But I share his concern.
Madam President, I ask unanimous consent for an additional minute
before we go to the regular order.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. I think if neither amendment gets 60 votes--and I
certainly hope the Boxer amendment does, and I expect it would, but I
don't know, it might not--I am already working on an alternative I
would talk to my friend about right now, which is for us to communicate
in writing very strongly to the Justice Department and tell them how
strongly we feel.
I also wish to make the point that my friend is right. Someday,
somebody will write about this. People are already writing about it
because of the work we are doing on this matter. The Senator and I have
been quite forceful in the way we feel about this. People are writing
about it. My hope is that what we do is not create a new kind of select
committee. My friend said it has been done before, and he may be right.
But why a committee when we can get right to the heart of the matter,
which is: Was there a crime? If so, let's get to the bottom of it.
I do want to say, and I say this as chair of the Ethics Committee of
the Senate, nothing is more important to me than having a fair Ethics
Committee that works hard and is objective. Any Member of the Senate
can make a complaint any day of the week and it automatically is looked
at. I want to reiterate that. If people have an issue, please, let us
know. That is why we are there.
For those of us who care a lot about this matter, we do need, if
nobody gets 60--I hope we will, but if nobody does, this issue does not
go away as far as I am concerned. It cannot go away.
I think it is very important, the way we deal with this, to
understand that if we do something that the House has constitutional
objections to and it brings down the technical corrections bill, the
irony of ironies is the Coconut Road project doesn't get fixed, it goes
back to the crooked way it was handled. We don't want that. We want to
fix the Coconut Road problem and we want to have an investigation.
I yield the floor to get to the regular order at this time.
Amendment No. 4539, As Modified
The PRESIDING OFFICER. Under the regular order, there will be 2
minutes of debate prior to a vote on amendment No. 4539, offered by the
Senator from California, as modified.
Mrs. BOXER. Madam President, we have a very simple amendment.
Sometimes in simplicity is strength. Sometimes in simplicity is power.
Sometimes in simplicity you get to the place you want to get.
I do not like a lot of words. I believe a few words will say it. Look
at what we say here:
Consistent with applicable standards and procedures--
which means everybody's rights are protected--
the Department of Justice shall review allegations of
impropriety regarding item 462 in section 1934(c) of Public
Law 109-59--
That is the Coconut Road project--
to ascertain if a violation of Federal criminal law has
occurred.
I think we know enough to warrant this kind of amendment. I think we
know enough to be concerned. I think we know enough to say to the
Justice Department: Please pay attention to this. Do your work. Make a
determination and get on with it because this is very serious.
I yield the floor.
The PRESIDING OFFICER. Who yields time in opposition?
The Senator from Oklahoma.
Mr. COBURN. Madam President, I will repeat the three points I think
are important. No. 1 is we do not know enough. The next amendment
relates to the Justice Department if we do know enough.
No. 2 is I am very hesitant to set a precedent that invites the
Justice Department to come into the Senate and House to investigate us.
No. 3, and finally, the Justice Department does not have to do it
even if we say they shall. They do not have to do it. There is no force
of law that we can make the Justice Department come and investigate us.
If we did, our forefathers would roll over in their graves. That is
what the separation of powers is all about. When we go directly to the
Justice Department, we shirk our responsibility to control our own
house and bring our own Members under it.
I urge my colleagues to not support this new precedent setting
seeking of the Justice Department, in violation of the separation of
powers, to come into the Senate and the House to do an investigation
before we have done our own investigation to find out the jot and
tittles.
I yield the floor.
Mrs. BOXER. I ask for 10 more seconds.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mrs. BOXER. I want to make the point, if we pass the Boxer amendment
today and this bill gets signed into law by the President and we are
requiring the Justice Department to do this, then they will be breaking
the law.
I yield the floor.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mrs. BOXER. I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
[[Page 6331]]
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr.
Inouye), and the Senator from Illinois (Mr. Obama) are necessarily
absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel),
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr.
McCain).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``aye.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 64, nays 28, as follows:
[Rollcall Vote No. 105 Leg.]
YEAS--64
Akaka
Baucus
Bayh
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Cantwell
Cardin
Carper
Casey
Chambliss
Coleman
Collins
Conrad
Corker
Dodd
Dole
Dorgan
Durbin
Feinstein
Harkin
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Martinez
McConnell
Menendez
Mikulski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Smith
Snowe
Specter
Stabenow
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wyden
NAYS--28
Allard
Barrasso
Bennett
Burr
Byrd
Coburn
Cochran
Cornyn
Craig
Crapo
DeMint
Domenici
Ensign
Enzi
Feingold
Graham
Grassley
Gregg
Hatch
Hutchison
Inhofe
Kyl
McCaskill
Murkowski
Sessions
Shelby
Stevens
Wicker
NOT VOTING--8
Alexander
Biden
Clinton
Hagel
Inouye
Lugar
McCain
Obama
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is agreed to.
Mrs. BOXER. Madam President, I move to reconsider the vote.
Ms. LANDRIEU. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. REID. For the information of Senators, we have three more votes.
We are going to be in session tomorrow, but there will be no votes.
Because of the Passover holiday, on Monday, there will be no votes. We
expect to have a full, heavy week next week.
I appreciate the cooperation of Senators this week. As indicated, we
should be finished within the next hour.
Amendment No. 4538
The PRESIDING OFFICER. There are now 2 minutes equally divided prior
to a vote on the Coburn amendment.
Mr. COBURN. Madam President, we have voted an invitation to the
Justice Department to investigate a rules violation in either the House
or the Senate. We have set an amazing precedent.
What we recommend is a bicameral committee made up of four members of
each body, two from each party, that would report back to the
appropriate ethics committee or to the Justice Department, if there is,
in fact, an infraction of law.
My hope would be that we would take care of the problems in our own
body. The House would take care of the problems in their body and that
we would, in fact, give greater than 36 votes to this amendment.
The PRESIDING OFFICER. Who yields time?
The Senator from California.
Mrs. BOXER. Colleagues, this is very important. I wish to commend my
colleague for bringing this whole issue to the floor of the Senate. But
I think we have done something important. We have taken his concerns to
heart, and with a very big vote, we have stated that the Justice
Department is now required to open an investigation.
What the Senator does is set up an elaborate commission of Senators,
of House Members; it is political on its face. It will only put off the
day until an investigation is done by Justice. Because after having
this elaborate commission, Senators investigating House Members, House
Members investigating Senators, it is unconstitutional on its face on
the speech and debate clause.
That will bring down this entire bill. Here is the irony of ironies.
If we bring this bill down, the fix of Coconut Road will fall. We fix
the Coconut Road problem in this bill.
I urge you, please say no to this idea because I feel we have done
the right thing on this matter.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
Mr. COBURN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There appears to
be a sufficient second. There is a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr.
Inouye), and the Senator from Illinois (Mr. Obama) are necessarily
absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel),
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr.
McCain).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander), would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 49, nays 43, as follows:
[Rollcall Vote No. 106 Leg.]
YEAS--49
Allard
Barrasso
Bayh
Bennett
Bond
Brownback
Bunning
Burr
Cardin
Chambliss
Coburn
Cochran
Coleman
Collins
Corker
Cornyn
Craig
Crapo
DeMint
Dole
Domenici
Ensign
Enzi
Feingold
Graham
Grassley
Gregg
Hatch
Hutchison
Inhofe
Isakson
Klobuchar
Kyl
Martinez
McCaskill
McConnell
Murkowski
Nelson (FL)
Roberts
Sessions
Shelby
Smith
Specter
Stevens
Sununu
Thune
Vitter
Warner
Wicker
NAYS--43
Akaka
Baucus
Bingaman
Boxer
Brown
Byrd
Cantwell
Carper
Casey
Conrad
Dodd
Dorgan
Durbin
Feinstein
Harkin
Johnson
Kennedy
Kerry
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Menendez
Mikulski
Murray
Nelson (NE)
Pryor
Reed
Reid
Rockefeller
Salazar
Sanders
Schumer
Snowe
Stabenow
Tester
Voinovich
Webb
Whitehouse
Wyden
NOT VOTING--8
Alexander
Biden
Clinton
Hagel
Inouye
Lugar
McCain
Obama
The PRESIDING OFFICER. Under the previous order requiring 60 votes
for the adoption of this amendment, the amendment is withdrawn.
Mrs. BOXER. I move to reconsider the vote.
Mr. DURBIN. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. There are now 2 minutes equally divided prior
to the cloture vote on the substitute amendment.
The Senator from California.
Mrs. BOXER. Madam President, we are ready.
Mr. INHOFE. We are ready.
Mrs. BOXER. All we want is an ``aye'' vote. Let's get this good bill
passed. Let's unleash $1 billion worth of good, important projects into
our communities and create tens of thousands of jobs.
We appreciate we have come this far. We thank you.
I yield to my colleague.
The PRESIDING OFFICER. The Senator from Oklahoma.
Mr. INHOFE. Madam President, I think we have talked enough on this
bill. Everyone knows what it is. We
[[Page 6332]]
have to get our road construction programs going. We cannot do it
without an ``aye'' vote on this motion. I urge you to vote aye.
Cloture Motion
The PRESIDING OFFICER. Under the previous order, pursuant to rule
XXII, the Chair lays before the Senate the pending cloture motion,
which the clerk will state.
The legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the Boxer
substitute amendment No. 4146 to H.R. 1195, an act to amend
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users, to make technical
corrections, and for other purposes.
Barbara Boxer, Harry Reid, Charles E. Schumer, Frank R.
Lautenberg, Jon Tester, Mark L. Pryor, Bernard Sanders,
Benjamin L. Cardin, Jeff Bingaman, Patty Murray,
Sheldon Whitehouse, Debbie Stabenow, Bill Nelson, John
D. Rockefeller, IV, Jack Reed, Ron Wyden, Dianne
Feinstein.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum
call is waived.
The question is, Is it the sense of the Senate that debate on
amendment No. 4146, offered by the Senator from California, to H.R.
1195, the highway technical corrections bill, shall be brought to a
close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr.
Inouye), and the Senator from Illinois (Mr. Obama), are necessarily
absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel),
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr.
McCain).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The yeas and nays resulted--yeas 90, nays 2, as follows:
[Rollcall Vote No. 107 Leg.]
YEAS--90
Akaka
Allard
Barrasso
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inhofe
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Sanders
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--2
DeMint
Gregg
NOT VOTING--8
Alexander
Biden
Clinton
Hagel
Inouye
Lugar
McCain
Obama
The PRESIDING OFFICER. On this question, the yeas are 90, the nays
are 2. Three-fifths of the Senators duly chosen and sworn having voted
in the affirmative, the motion is agreed to.
Mr. SPECTER. Madam President, I have sought recognition to speak to
an amendment to the pending legislation by myself and Senator Casey,
which would authorize an addition of lane miles in Pennsylvania to the
Appalachian Development Highway System so that a vital highway project
can be constructed.
The Central Susquehanna Valley Thruway project is a proposed 13-mile,
four-lane limited access highway extending from the Selinsgrove Bypass
of U.S. Routes 11/15 to PA Route 147 in Northumberland. Because the
project involves construction of a bridge across the Susquehanna River,
the estimated cost to construct it is $370 million. The current
conditions are a major impediment to north-south travel in Central
Pennsylvania and this project is widely supported by State and local
elected officials. In addition to the traffic problems it will address,
the project is a major economic development initiative in the
predominately rural region between Williamsport and Harrisburg. The
Pennsylvania Department of Transportation, PENNDOT, has thus far not
been able to identify the funds necessary to construct this project,
and neither has the Federal Government. However, it has been suggested
that if the 12-mile route were added to the Appalachian Development
Highway System, ADHS, it would open up a new source of funds which
PENNDOT could use to construct this project.
The ADHS encompasses 2,600 miles across the Appalachian States and is
administered by the Appalachian Regional Commission. The intention of
this highway system is to improve the connectivity of economically
depressed Appalachian regions with metropolitan areas. Approximately
500 miles of the ADHS have yet to be completed, including 178 miles
which need to be completed within Pennsylvania. Although the affected
counties of Northumberland, Snyder, and Union are within the
Appalachian region, this 12-mile route in question is not a part of the
existing ADHS system and therefore does not qualify for ADHS funding.
This amendment would authorize Federal ADHS assistance for the 13-
mile thruway project. For purposes of connectivity, it would also
authorize a larger 52-mile segment from I-180 near Williamsport to the
intersection of U.S. 11/15 and U.S. 22 near Duncannon as part of the
ADHS. This will connect the 13-mile system to the rest of
Pennsylvania's existing ADHS system, but the only segment of this 52-
mile addition that would be eligible for funding under the amendment is
the 13-mile thruway project. Further the amendment provides that this
addition will not affect Pennsylvania's Federal ADHS apportionment. It
is important to note that the amendment does not provide more funding
to Pennsylvania, it simply gives PENNDOT the ability to use existing
ADHS apportionment funding for this high-priority project.
Madam President, I also wish to speak to an amendment to the pending
legislation by myself and Senator Casey, regarding the use of ``toll
credits'' by the Pennsylvania Department of Transportation, PENNDOT,
with respect to construction of the U.S. Route 219 highway improvement
project in Somerset County, PA.
The Somerset County Commissioners have identified the U.S. Route 219
improvement project as essential to improving north-south
transportation mobility and safety in Somerset County. The project
involves construction of a four-lane, limited access highway connecting
the towns of Somerset and Meyersdale, PA. A 1999 study conducted by
PENNDOT noted that this section of U.S. Route 219 has a number of
deficiencies that cause traffic congestion and high accident rates. The
project also promises economic benefits by linking motorists with a new
business park. PENNDOT received approval to conduct environmental and
engineering studies in 1999 and planned on using ``toll credits'' to
match $45 million in Federal funds allocated to the project through the
Appalachian Development Highway System, ADHS, program. However, the
necessary land was not acquired until 2006, and in the meantime, the
2005 SAFETEA-LU bill prohibited the use of toll credits as a non-
Federal match requirement to ADHS funds.
Toll credits are a ``soft-match'' that allow States to substitute
previous, toll-financed transportation spending as a credit toward the
match requirement. In doing so, it effectively increases the Federal
share to 100 percent, thereby reducing the pot of available Federal
funds. With the limited availability of Federal resources, I can
understand why Congress would have
[[Page 6333]]
an interest in ensuring that States contribute actual dollars toward
highway construction projects rather than credits. That is why this
amendment does not eliminate the prohibition on the use of toll credits
to match ADHS dollars. This is something that we can debate as we
consider the next highway and transit authorization bill.
This amendment provides for a narrow exception to that prohibition.
It would allow PENNDOT, in the case of U.S. Route 219 only, to use toll
credits so that this important transportation and economic development
project can move forward. I believe this exception to the toll credit
prohibition is warranted at this time because PENNDOT was planning on
using them when it entered the environmental and engineering phase of
this project. Without the ability to use credits, I am advised that
PENNDOT has no matching funds available to finance this project.
Mr. DODD. Mr. President, the Senate is now debating the SAFETEA-LU
technical corrections bill. It is regrettable that we had to file
cloture on the motion to proceed to this bill in order to make progress
on this legislation. This is a technical corrections bill. It fixes
mistakes made in the heat of passage of SAFETEA-LU, a bill that was 835
pages long. These types of technical corrections bills are not at all
uncommon, and almost always pass with little, if any debate, much less
disagreement.
All of the relevant committees the Banking Committee, which has
jurisdiction over the transit title of the bill, the EPW Committee,
with highway jurisdiction, and the Commerce Committee, which oversees
highway safety--have worked together in a bipartisan fashion to produce
a corrections bill with broad support.
I thank my colleague and ranking member on the Banking Committee,
Senator Shelby, for his work in producing this title, which passed the
Banking Committee unanimously in May of last year. I also want to
commend EPW Chairman Boxer and Ranking Member Inhofe, as well as
Commerce Chairman Inouye and Ranking Member Stevens, for their hard
work on developing this highly technical bill.
Unfortunately, despite these efforts, we have been blocked from
moving forward by a small handful of our colleagues. I want to thank
the majority leader for making time in the Senate's schedule to debate
this bill.
Although this is only a corrections bill, it will have a real impact
for our local communities, which are struggling to keep up with the
demands of crumbling infrastructure. There are funds that were
authorized in SAFETEA-LU to help meet these demands, but for technical
reasons, they have not been distributed. This bill will unlock those
funds so that they can be used for the purpose for which they were
intended, which is to shore up our transit systems, our roads and
bridges--all of the vital components of the transportation network that
we rely on every day for the safe and efficient movement of people and
goods.
The funds that would be unlocked by passage of this bill will allow
for critical maintenance and capital improvement projects to go forward
on our roadways; they will allow for dangerous overpasses to be
replaced; they will allow for transit systems to more efficiently meet
the needs of their riders; and they will allow for a greater degree of
safety on our roads and rails.
And it is important to understand, this bill does not cost a single
penny. It allows funds that have already been authorized to be
distributed as intended.
The Banking Committee reported the transit title of this bill last
May. We worked closely with our colleagues here in the Senate as well
as in the House to develop a bipartisan, consensus package. I want to
again thank my ranking member, Senator Shelby, for his efforts on this
bill; he has worked hard to try to get this done since the last
Congress.
The Banking Committee's title of this bill addresses the drafting
errors contained in the transit title of SAFETEA-LU and makes necessary
changes to various project authorizations so that funds can be
released. In addition, I just want to note that this bill recognizes
the hard work and leadership of our former colleague, and past chairman
of the Banking Committee, Senator Paul Sarbanes, by naming the Transit
in Parks program, which he authored, after him.
It is more important than ever that we invest in our Nation's transit
systems. Safe, reliable, and efficient public transportation is
essential if we are to tackle the growing problems of traffic
congestion, rising gas prices, and global climate change. Transit
systems provide significant benefits both to transit riders and to
others in the community, including employers, property owners, and
automobile drivers. For example, when people ride transit, the amount
of time that transit riders and automobile drivers alike spend in
traffic goes down; in fact, the Texas Transportation Institute has
estimated that transit saves Americans over $18 billion a year by
reducing the time they would otherwise waste sitting on clogged
roadways.
And, in this era of high gasoline prices, public transportation
provides an additional benefit: according to economists Robert Shapiro
and Kevin Hassett, public transportation saves more than 855 million
gallons of gasoline a year, helping to reduce our dependence on foreign
oil and providing us with a cleaner, healthier environment.
Transit ridership is at the highest level in 40 years, and strong
support for transit is essential in light of this increasing demand. In
fact, I strongly believe that if we are to keep up with the demands of
our growing economy, we must renew our commitment to our Nation's
infrastructure, not just in transportation, but in water systems,
housing, and other areas. Senator Hagel and I have put forward a
proposal to create a National Infrastructure Bank, which would leverage
private investment through tax-credit bonds to fund large-scale,
regionally or nationally significant infrastructure projects. I held a
hearing on this proposal last month and I intend to hold another in the
coming weeks.
We have an enormous challenge before us in meeting the infrastructure
needs of our nation. The National Infrastructure Bank is not intended
to be the only tool in our toolbox; neither is the technical
corrections bill we are discussing today.
But passage of the bill now before the Senate would be an essential
step forward in meeting that challenge. It would put an end to the
technicalities that are holding up vital funding for road and transit
improvements. There is no excuse for any further delay in getting these
funds to the communities which need them.
Let me take just a moment to address the Administration's Statement
of Administration Policy opposing one of the provisions in the transit
title of this bill, related to the transit New Starts program. This
program, which supports the development and construction of new transit
systems, is widely recognized for its focus on performance measures and
accountability. Each applicant for New Starts funds enters a rigorous
review process based on statutory rating criteria, including factors
such as mobility improvements, environmental benefits, and cost
effectiveness. In order to more fully capture the impact that a major
transit project has on communities, Congress in SAFETEA-LU added
economic development and land use effects to the statutory list.
However, the Federal Transit Administration is not applying the
statutory rating criteria as Congress intended. Instead, the FTA has
assigned inordinate weight to a few statutory factors, while giving
others, such as economic development and environmental benefits, only
minimal weight.
The language in the technical corrections bill reiterates Congress's
intent in SAFETEA-LU that each of the factors must be given comparable
weight when evaluating New Starts grant applications. This language
passed the House of Representatives last summer as part of their
technical corrections package.
I say to my colleagues, I could not disagree more with the position
the administration is taking on this point. The language in the transit
title has
[[Page 6334]]
broad bipartisan support, both from the Banking Committee and from the
House Transportation and Infrastructure Committee. If the
Administration does not agree with the criteria included in SAFETEA-LU
for the evaluation of New Starts projects, I would be happy to consider
their views in the context of the next reauthorization. I intend to
begin that process later this year and I expect to proceed in an open
and bipartisan way. In the meantime, the administration's
responsibility is to implement the law, and unfortunately they have
failed to do so in this case.
In conclusion, although it is technical, this is an important bill.
It has broad bipartisan support on both sides of the Capitol and would
allow urgently needed funds to be distributed to the States and local
communities trying to address their transportation needs. I commend it
to my colleagues and ask for their support.
Mr. BYRD. Madam President, I am proud to support H.R. 1195, a bill to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act, and the benefits that it will provide to West Virginia and the
rest of the country. However, I must oppose the two amendments offered
by Senators Boxer and Coburn. Both amendments have the good intention
of ensuring open and honest government, but I must oppose them because
of my concerns about their implications, particularly as they may
impinge on the powers of the legislative branch.
I applaud the Senators for their attempts to eliminate any waste,
fraud, and abuse that have plagued the Congress in previous years. As
chairman of the Appropriations Committee, I have instituted on-line
access to spending bills, so that the public may see where their tax
money is being spent. But both of these amendments may inappropriately
expose Congress to scrutiny by the executive branch by way of the
Department of Justice.
Congress is fully capable of proceeding with its own internal
investigations. Both Houses have bipartisan Ethics Committees that may
undertake these investigations. If criminal activities are discovered
in the course of a congressional inquiry, such crimes should then be
investigated by the appropriate Federal authorities.
The PRESIDING OFFICER. Under the previous order, the Boxer substitute
amendment No. 4146, as amended, is agreed to.
The committee substitute, as amended, is agreed to.
The question is on the engrossment of the amendments and third
reading of the bill.
The amendments were ordered to be engrossed, and the bill to be read
a third time.
The bill was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. DORGAN. Madam President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Delaware (Mr. Biden),
the Senator from New York (Mrs. Clinton), the Senator from Hawaii (Mr.
Inouye), the Senator from Louisiana (Ms. Landrieu), the Senator from
Illinois (Mr. Obama), and the Senator from Vermont (Mr. Sanders) are
necessarily absent.
I further announce that, if present and voting, the Senator from
Louisiana (Ms. Landrieu) would vote ``yea.''
Mr. KYL. The following Senators are necessarily absent: the Sentor
from Tennessee (Mr. Alexander), the Senator from Nebraska (Mr. Hagel),
the Senator from Indiana (Mr. Lugar), and the Senator from Arizona (Mr.
McCain).
Further, if present and voting, the Senator from Tennessee (Mr.
Alexander) would have voted ``yea.''
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 88, nays 2, as follows:
[Rollcall Vote No. 108 Leg.]
YEAS--88
Akaka
Allard
Barrasso
Baucus
Bayh
Bennett
Bingaman
Bond
Boxer
Brown
Brownback
Bunning
Burr
Byrd
Cantwell
Cardin
Carper
Casey
Chambliss
Coburn
Cochran
Coleman
Collins
Conrad
Corker
Cornyn
Craig
Crapo
Dodd
Dole
Domenici
Dorgan
Durbin
Ensign
Enzi
Feingold
Feinstein
Graham
Grassley
Harkin
Hatch
Hutchison
Inhofe
Isakson
Johnson
Kennedy
Kerry
Klobuchar
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Martinez
McCaskill
McConnell
Menendez
Mikulski
Murkowski
Murray
Nelson (FL)
Nelson (NE)
Pryor
Reed
Reid
Roberts
Rockefeller
Salazar
Schumer
Sessions
Shelby
Smith
Snowe
Specter
Stabenow
Stevens
Sununu
Tester
Thune
Vitter
Voinovich
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--2
DeMint
Gregg
NOT VOTING--10
Alexander
Biden
Clinton
Hagel
Inouye
Landrieu
Lugar
McCain
Obama
Sanders
The bill (H.R. 1195), as amended, was passed, as follows:
H.R. 1195
Resolved, That the bill from the House of Representatives
(H.R. 1195) entitled ``An Act to amend the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users to make technical corrections, and for other
purposes.'', do pass with the following amendment:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SAFETEA-LU
Technical Corrections Act of 2008''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--HIGHWAY PROVISIONS
Sec. 101. Surface transportation technical corrections.
Sec. 102. MAGLEV.
Sec. 103. Projects of national and regional significance and national
corridor infrastructure improvement projects.
Sec. 104. Idling reduction facilities.
Sec. 105. Project authorizations.
Sec. 106. Nonmotorized transportation pilot program.
Sec. 107. Correction of Interstate and National Highway System
designations.
Sec. 108. Budget justification; buy America.
Sec. 109. Transportation improvements.
Sec. 110. I-95/Contee Road interchange design.
Sec. 111. Highway research funding.
Sec. 112. Rescission.
Sec. 113. TEA-21 technical corrections.
Sec. 114. High priority corridor and innovative project technical
corrections.
Sec. 115. Definition of repeat intoxicated driver law.
Sec. 116. Research technical correction.
Sec. 117. Buy America waiver notification and annual reports.
Sec. 118. Efficient use of existing highway capacity.
Sec. 119. Future interstate designation.
Sec. 120. Project flexibility.
Sec. 121. Effective date.
TITLE II--TRANSIT PROVISIONS
Sec. 201. Transit technical corrections.
TITLE III--OTHER SURFACE TRANSPORTATION PROVISIONS
Sec. 301. Technical amendments relating to motor carrier safety.
Sec. 302. Technical amendments relating to hazardous materials
transportation.
Sec. 303. Highway safety.
Sec. 304. Correction of study requirement regarding on-scene motor
vehicle collision causation.
Sec. 305. Motor carrier transportation registration.
Sec. 306. Applicability of Fair Labor Standards Act requirements and
limitation on liability.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Conveyance of GSA Fleet Management Center to Alaska Railroad
Corporation.
Sec. 402. Conveyance of retained interest in St. Joseph Memorial Hall.
TITLE V--OTHER PROVISIONS
Sec. 501. De Soto County, Mississippi.
Sec. 502. Department of Justice review.
TITLE I--HIGHWAY PROVISIONS
SEC. 101. SURFACE TRANSPORTATION TECHNICAL CORRECTIONS.
(a) Correction of Internal References in Disadvantaged
Business Enterprises.--Paragraphs (3)(A) and (5) of section
1101(b) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1156) are amended by striking ``paragraph (1)'' each place it
appears and inserting ``paragraph (2)''.
(b) Correction of Distribution of Obligation Authority.--
Section 1102(c)(5) of the Safe,
[[Page 6335]]
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1158) is amended by striking
``among the States''.
(c) Correction of Federal Lands Highways.--Section 1119 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1190) is amended by
striking subsection (m) and inserting the following:
``(m) Forest Highways.--Of the amounts made available for
public lands highways under section 1101--
``(1) not more than $20,000,000 for each fiscal year may be
used for the maintenance of forest highways;
``(2) not more than $1,000,000 for each fiscal year may be
used for signage identifying public hunting and fishing
access; and
``(3) not more than $10,000,000 for each fiscal year shall
be used by the Secretary of Agriculture to pay the costs of
facilitating the passage of aquatic species beneath forest
roads (as defined in section 101(a) of title 23, United
States Code), including the costs of constructing,
maintaining, replacing, and removing culverts and bridges, as
appropriate.''.
(d) Correction of Description of National Corridor
Infrastructure Improvement Project.--Item number 1 of the
table contained in section 1302(e) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1205) is amended in the State column by
inserting ``LA,'' after ``TX,''.
(e) Correction of High Priority Designations.--
(1) Kentucky high priority corridor designation.--Section
1105(c)(18)(E) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 189; 115
Stat. 872) is amended by inserting before the period at the
end the following: ``, follow Interstate Route 24 to the
Wendell H. Ford Western Kentucky Parkway, then utilize the
existing Wendell H. Ford Western Kentucky Parkway and Edward
T. Breathitt (Pennyrile) Parkway to Henderson''.
(2) Interstate route 376 high priority designation.--
(A) In general.--Section 1105(c)(79) of the Intermodal
Surface Transportation Efficiency Act of 1991 (105 Stat.
2032; 119 Stat. 1213) is amended by striking ``and on United
States Route 422''.
(B) Conforming amendment.--Section 1105(e)(5)(B)(i)(I) of
the Intermodal Surface Transportation Efficiency Act of 1991
(105 Stat. 2033; 119 Stat. 1213) is amended by striking ``and
United States Route 422''.
(f) Correction of Infrastructure Finance Section.--Section
1602(d)(1) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1247) is amended by striking ``through 189 as sections 601
through 609, respectively'' and inserting ``through 190 as
sections 601 through 610, respectively''.
(g) Correction of Project Federal Share.--Section 1964(a)
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1519) is amended--
(1) by striking ``only for the States of Alaska, Montana,
Nevada, North Dakota, Oregon, and South Dakota,''; and
(2) by striking ``section 120(b)'' and inserting ``section
120''.
(h) Transportation Systems Management and Operations
Defined.--Section 101(a) of title 23, United States Code, is
amended by adding at the end the following:
``(39) Transportation systems management and operations.--
``(A) In general.--The term `transportation systems
management and operations' means an integrated program to
optimize the performance of existing infrastructure through
the implementation of multimodal and intermodal, cross-
jurisdictional systems, services, and projects designed to
preserve capacity and improve security, safety, and
reliability of the transportation system.
``(B) Inclusions.--The term `transportation systems
management and operations' includes--
``(i) regional operations collaboration and coordination
activities between transportation and public safety agencies;
and
``(ii) improvements to the transportation system, such as
traffic detection and surveillance, arterial management,
freeway management, demand management, work zone management,
emergency management, electronic toll collection, automated
enforcement, traffic incident management, roadway weather
management, traveler information services, commercial vehicle
operations, traffic control, freight management, and
coordination of highway, rail, transit, bicycle, and
pedestrian operations.''.
(i) Correction of Reference in Apportionment of Highway
Safety Improvement Program Funds.--Effective October 1, 2007,
section 104(b)(5)(A)(iii) of title 23, United States Code, is
amended by striking ``the Federal-aid system'' each place it
appears and inserting ``Federal-aid highways''.
(j) Correction of Amendment To Advance Construction.--
Section 115 of title 23, United States Code, is amended by
redesignating subsection (d) as subsection (c).
(k) Correction of High Priority Projects.--Section 117 of
title 23, United States Code, is amended--
(1) by redesignating subsections (d) through (h) as
subsections (e) through (i), respectively;
(2) by redesignating the second subsection (c) (relating to
Federal share) as subsection (d);
(3) in subsection (a)(2)(A) by inserting ``(112 Stat.
257)'' after ``21st Century''; and
(4) in subsection (a)(2)(B)--
(A) by striking ``subsection (b)'' and inserting
``subsection (c)''; and
(B) by striking ``SAFETEA-LU'' and inserting ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1256)''.
(l) Correction of Transfer of Unused Protective-Device
Funds to Other Highway Safety Improvement Program Projects.--
Section 130(e)(2) of title 23, United States Code, is amended
by striking ``purposes under this subsection'' and inserting
``highway safety improvement program purposes''.
(m) Correction of Highway Bridge Program.--
(1) In general.--Section 144 of title 23, United States
Code, is amended--
(A) in the section heading by striking ``replacement and
rehabilitation'';
(B) in subsections (b), (c)(1), and (e) by striking
``Federal-aid system'' each place it appears and inserting
``Federal-aid highway'';
(C) in subsections (c)(2) and (o) by striking ``the
Federal-aid system'' each place it appears and inserting
``Federal-aid highways'';
(D) in the heading to paragraph (4) of subsection (d) by
inserting ``systematic'' before ``preventive'';
(E) in subsection (e) by striking ``off-system bridges''
each place it appears and inserting ``bridges not on Federal-
aid highways'';
(F) by striking subsection (f);
(G) by redesignating subsections (g) through (s) as
subsections (f) through (r), respectively;
(H) in paragraph (1)(A)(vi) of subsection (f) (as
redesignated by subparagraph (G) of this paragraph) by
inserting ``and the removal of the Missisquoi Bay causeway''
after ``Bridge'';
(I) in paragraph (2) of subsection (f) (as redesignated by
subparagraph (G) of this paragraph) by striking the paragraph
heading and inserting ``Bridges not on federal-aid
highways'';
(J) in subsection (m) (as redesignated by subparagraph (G)
of this paragraph) by striking the subsection heading and
inserting ``Program for Bridges Not on Federal-Aid
Highways''; and
(K) in subsection (n)(4)(B) (as redesignated by
subparagraph (G) of this paragraph) by striking ``State
highway agency'' and inserting ``State transportation
department''.
(2) Special conditions.--Section 1114 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1172) is
amended by adding at the end the following:
``(h) Special Conditions.--Any unobligated or unexpended
funds remaining on completion of the project carried out
under section 144(f)(1)(A)(vi) of title 23, United States
Code, shall be made available to carry out the project
described in section 144(f)(1)(A)(vii) of that title after
the date on which the Vermont Agency of Transportation
certifies to the Federal Highway Administration the final
determination of the agency regarding the removal of the
Missisquoi Bay causeway.''.
(3) Conforming amendments.--
(A) Metropolitan planning.--Section 104(f)(1) of title 23,
United States Code, is amended by striking ``replacement and
rehabilitation''.
(B) Equity bonus program.--Subsections (a)(2)(C) and
(b)(2)(C) of section 105 of such title are amended by
striking ``replacement and rehabilitation'' each place it
appears.
(C) Analysis.--The analysis for chapter 1 of such title is
amended in the item relating to section 144 by striking
``replacement and rehabilitation''.
(n) Metropolitan Transportation Planning.--Section 134 of
title 23, United States Code, is amended--
(1) in subsection (f)(3)(C)(ii) by striking subclause (II)
and inserting the following:
``(II) Funding.--For fiscal year 2008 and each fiscal year
thereafter, in addition to other funds made available to the
metropolitan planning organization for the Lake Tahoe region
under this title and chapter 53 of title 49, prior to any
allocation under section 202 of this title and
notwithstanding the allocation provisions of section 202, the
Secretary shall set aside \1/2\ of 1 percent of all funds
authorized to be appropriated for such fiscal year to carry
out section 204 and shall make such funds available to the
metropolitan planning organization for the Lake Tahoe region
to carry out the transportation planning process,
environmental reviews, preliminary engineering, and design to
complete environmental documentation for transportation
projects for the Lake Tahoe region under the Tahoe Regional
Planning Compact as consented to in Public Law 96-551 (94
Stat. 3233) and this paragraph.'';
(2) in subsection (j)(3)(D) by inserting ``or the
identified phase'' after ``the project'' each place it
appears; and
(3) in subsection (k)(2) by striking ``a metropolitan
planning area serving''.
(o) Correction of National Scenic Byways Program
Coverage.--Section 162 of title 23, United States Code, is
amended--
(1) in subsection (a)(3)(B) by striking ``a National Scenic
Byway under subparagraph (A)'' and inserting ``a National
Scenic Byway, an All-American Road, or one of America's
Byways under paragraph (1)''; and
(2) in subsection (c)(3) by striking ``or All-American
Road'' each place it appears and inserting ``All-American
Road, or one of America's Byways''.
(p) Correction of Reference in Toll Provision.--Section
166(b)(5)(C) of title 23, United
[[Page 6336]]
States Code, is amended by striking ``paragraph (3)'' and
inserting ``paragraph (4)''.
(q) Correction of Recreational Trails Program Apportionment
Exceptions.--Section 206(d)(3)(A) of title 23, United States
Code, is amended by striking ``(B), (C), and (D)'' and
inserting ``(B) and (C)''.
(r) Correction of Infrastructure Finance.--Section
601(a)(3) of title 23, United States Code, is amended by
inserting ``bbb minus, BBB (low),'' after ``Baa3,''.
(s) Correction of Miscellaneous Typographical Errors.--
(1) Section 1401 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1226) is amended by redesignating subsections (d) and
(e) as subsections (c) and (d), respectively.
(2) Section 1404(e) of such Act (119 Stat. 1229) is amended
by inserting ``tribal,'' after ``local,''.
(3) Section 10211(b)(2) of such Act (119 Stat. 1937) is
amended by striking ``plan administer'' and inserting ``plan
and administer''.
(4) Section 10212(a) of such Act (119 Stat. 1937) is
amended--
(A) by inserting ``equity bonus,'' after ``minimum
guarantee,'';
(B) by striking ``freight intermodal connectors'' and
inserting ``railway-highway crossings'';
(C) by striking ``high risk rural road,''; and
(D) by inserting after ``highway safety improvement
programs'' the following: ``(and separately the set aside for
the high risk rural road program)''.
SEC. 102. MAGLEV.
(a) Funding.--Section 1101(a)(18) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1155) is amended by striking ``Act--'' and
all that follows through the end of the paragraph and
inserting ``Act, $45,000,000 for each of fiscal years 2008
and 2009.''.
(b) Contract Authority.--Section 1307 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1217) is amended by adding at the
end the following:
``(e) Contract Authority.--Funds authorized under section
1101(a)(18) shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1 of
title 23, United States Code; except that the funds shall not
be transferable and shall remain available until expended,
and the Federal share of the cost of a project to be carried
out with such funds shall be 80 percent.''.
(c) Allocation.--Section 1307 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1217) is amended by striking subsection (d)
and inserting the following:
``(d) Allocation.--Of the amounts made available to carry
out this section for a fiscal year, the Secretary shall
allocate--
``(1) 50 percent to the Nevada department of transportation
who shall cooperate with the California-Nevada Super Speed
Train Commission for the MAGLEV project between Las Vegas and
Primm, Nevada, as a segment of the high-speed MAGLEV system
between Las Vegas, Nevada, and Anaheim, California; and
``(2) 50 percent for existing MAGLEV projects located east
of the Mississippi River using such criteria as the Secretary
deems appropriate.''.
(d) Effective Date.--The amendments made by this section
take effect on October 1, 2007.
SEC. 103. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE AND
NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT
PROJECTS.
(a) Project of National and Regional Significance.--The
table contained in section 1301(m) of the Safe, Accountable,
Flexible, Efficient Transportation Equity: A Legacy for Users
(119 Stat. 1203) is amended--
(1) in item number 4 by striking the project description
and inserting ``$7,400,000 for planning, design, and
construction of a new American border plaza at the Blue Water
Bridge in or near Port Huron; $12,600,000 for integrated
highway realignment and grade separations at Port Huron to
eliminate road blockages from NAFTA rail traffic'';
(2) in item number 19 by striking the project description
and inserting ``For purposes of construction and other
related transportation improvements associated with the rail
yard relocation in the vicinity of Santa Teresa''; and
(3) in item number 22 by striking the project description
and inserting ``Redesign and reconstruction of interchanges
298 and 299 of I-80 and accompanying improvements to any
other public roads in the vicinity, Monroe County''.
(b) National Corridor Infrastructure Improvement Project.--
The table contained in section 1302(e) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1205) is amended in item number
23 by striking the project description and inserting
``Improvements to State Road 312, Hammond''.
SEC. 104. IDLING REDUCTION FACILITIES.
Section 111(d) of title 23, United States Code, is
repealed.
SEC. 105. PROJECT AUTHORIZATIONS.
(a) Project Modifications.--The table contained in section
1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1256) is amended--
(1) in item number 34 by striking the project description
and inserting ``Removal and Reconfiguration of Interstate
ramps, I-40, Memphis'';
(2) by striking item number 61;
(3) in item number 87 by striking the project description
and inserting ``M-291 highway outer road improvement
project'';
(4) in item number 128 by striking ``$2,400,000'' and
inserting ``$4,800,000'';
(5) in item number 154 by striking ``Virginia'' and
inserting ``Eveleth'';
(6) in item number 193 by striking the project description
and inserting ``Improvements to or access to Route 108 to
enhance access to the business park near Rumford'';
(7) in item number 240 by striking ``$800,000'' and
inserting ``$2,400,000'';
(8) by striking item number 248;
(9) in item number 274 by striking the project description
and inserting ``Intersection improvements at Belleville and
Ecorse Roads and approach roadways, and widen Belleville Road
from Ecorse to Tyler, Van Buren Township, Michigan'';
(10) in item number 277 by striking the project description
and inserting ``Construct connector road from Rushing Drive
North to Grand Ave., Williamson County'';
(11) in item number 395 by striking the project description
and inserting ``Plan and construct interchange at I-65, from
existing SR-109 to I-65'';
(12) in item number 463 by striking ``Cookeville'' and
inserting ``Putnam County'';
(13) in item number 576 by striking the project description
and inserting ``Design, right-of-way acquisition, and
construction of Nebraska Highway 35 between Norfolk and South
Sioux City, including an interchange at Milepost 1 on I-
129'';
(14) in item number 595 by striking ``Street Closure at''
and inserting ``Transportation improvement project near'';
(15) in item number 649 by striking the project description
and inserting ``Construction and enhancement of the Fillmore
Avenue Corridor, Buffalo'';
(16) in item number 655 by inserting ``, safety improvement
construction,'' after ``Environmental studies'';
(17) in item number 676 by striking the project description
and inserting ``St. Croix River crossing project, Wisconsin
State Highway 64, St. Croix County, Wisconsin, to Minnesota
State Highway 36, Washington County'';
(18) in item number 770 by striking the project description
and inserting ``Improve existing Horns Hill Road in North
Newark, Ohio, from Waterworks Road to Licking Springs Road'';
(19) in item number 777 by striking the project description
and inserting ``Akutan Airport access'';
(20) in item number 829 by striking the project description
and inserting ``$400,000 to conduct New Bedford/Fairhaven
Bridge modernization study; $1,000,000 to design and build
New Bedford Business Park access road'';
(21) in item number 881 by striking the project description
and inserting ``Pedestrian safety improvements near North
Atlantic Boulevard, Monterey Park'';
(22) in item number 923 by striking the project description
and inserting ``Improve safety of a horizontal curve on
Clarksville St. 0.25 miles north of 275th Rd. in Grandview
Township, Edgar County'';
(23) in item number 947 by striking the project description
and inserting ``Third East/West River Crossing, St. Lucie
River'';
(24) in item numbers 959 and 3327 by striking ``Northern
Section,'' each place it appears;
(25) in item number 963 by striking the project description
and inserting ``For engineering, right-of-way acquisition,
and reconstruction of 2 existing lanes on Manhattan Road from
Baseline Road to Route 53'';
(26) in item number 983 by striking the project description
and inserting ``Land acquisition for highway mitigation in
Cecil, Kent, Queen Annes, and Worcester Counties'';
(27) in item number 1039 by striking the project
description and inserting ``Widen State Route 98, including
storm drain developments, from D. Navarro Avenue to State
Route 111'';
(28) in item number 1047 by striking the project
description and inserting ``Bridge and road work at Little
Susitna River Access road in Matanuska-Susitna Borough'';
(29) in item number 1124 by striking ``bridge over
Stillwater River, Orono'' and inserting ``routes'';
(30) in item number 1206 by striking ``Pleasantville'' and
inserting ``Briarcliff Manor'';
(31) in item number 1281 by striking the project
description and inserting ``Upgrade roads in Attala County
District 4 (Roads 4211 and 4204), Kosciusko, Ward 2, and
Ethel, Attala County'';
(32) in item number 1487 by striking ``$800,000'' and
inserting ``$1,600,000'';
(33) in item number 1575 by striking the project
description and inserting ``Highway and road signage, and
traffic signal synchronization and upgrades, in Shippensburg
Boro, Shippensburg Township, and surrounding
municipalities'';
(34) in item number 1661 by striking the project
description and inserting ``Sheldon West Extension in
Matanuska-Susitna Borough'';
(35) in item number 1810 by striking the project
description and inserting ``Design, engineering, ROW
acquisition, construction, and construction engineering for
the reconstruction of TH 95, from 12th Avenue to CSAH 13,
including bridge and approaches, ramps, intersecting
roadways, signals, turn lanes, and multiuse trail, North
Branch'';
(36) in item number 1852 by striking ``Milepost 9.3'' and
inserting ``Milepost 24.3'';
(37) in item numbers 1926 and 2893 by striking the project
descriptions and inserting ``Grading, paving roads, and the
transfer of rail-to-truck for the intermodal facility at
Rickenbacker Airport, Columbus, Ohio'';
[[Page 6337]]
(38) in item number 1933 by striking the project
description and inserting ``Enhance Byzantine Latino Quarter
transit plazas at Normandie and Pico, and Hoover and Pico,
Los Angeles, by improving streetscapes, including expanding
concrete and paving'';
(39) in item number 1975 by striking the project
description and inserting ``Point MacKenzie Access Road
improvements in Matanuska-Susitna Borough'';
(40) in item number 2015 by striking the project
description and amount and inserting ``Heidelberg Borough/
Scott Township/Carnegie Borough for design, engineering,
acquisition, and construction of streetscaping enhancements,
paving, lighting and safety upgrades, and parking
improvements'' and ``$2,000,000'', respectively;
(41) in item number 2087 by striking the project
description and inserting ``Railroad crossing improvement on
Illinois Route 82 in Geneseo'';
(42) in item number 2211 by striking the project
description and inserting ``Construct road projects and
transportation enhancements as part of or connected to
RiverScape Phase III, Montgomery County, Ohio'';
(43) in item number 2234 by striking the project
description and amount and inserting ``North Atherton Signal
Coordination Project in Centre County'' and ``$400,000'',
respectively;
(44) in item number 2316 by striking the project
description and inserting ``Construct a new bridge at Indian
Street, Martin County'';
(45) in item number 2420 by striking the project
description and inserting ``Preconstruction and construction
activities of U.S. 51 between the Assumption Bypass and
Vandalia'';
(46) in item number 2482 by striking ``Country'' and
inserting ``County'';
(47) in item number 2663 by striking the project
description and inserting ``Rosemead Boulevard safety
enhancement and beautification, Temple City'';
(48) in item number 2671 by striking ``from 2 to 5 lanes
and improve alignment within rights-of-way in St. George''
and inserting ``, St. George'';
(49) in item number 2743 by striking the project
description and inserting ``Improve safety of culvert
replacement on 250th Rd. between 460th St. and Cty Hwy 20 in
Grandview Township, Edgar County'';
(50) by striking item number 2800;
(51) in item number 2826 by striking ``State Street and
Cajon Boulevard'' and inserting ``Palm Avenue'';
(52) in item number 2931 by striking ``Frazho Road'' and
inserting ``Martin Road'';
(53) in item number 3047 by inserting ``and roadway
improvements'' after ``safety project'';
(54) in item number 3078 by striking the project
description and inserting ``U.S. 2/Sultan Basin Road
improvements in Sultan'';
(55) in item number 3174 by striking the project
description and inserting ``Improving Outer Harbor access
through planning, design, construction, and relocations of
Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a
bridge connecting the Outer Harbor to downtown Buffalo at the
Inner Harbor'';
(56) in item number 3219 by striking ``Forest'' and
inserting ``Warren'';
(57) in item number 3254 by striking the project
description and inserting ``Reconstruct PA Route 274/34
Corridor, Perry County'';
(58) in item number 3260 by striking ``Lake Shore Drive''
and inserting ``Lakeshore Drive and parking facility/entrance
improvements serving the Museum of Science and Industry'';
(59) in item number 3368 by striking the project
description and inserting ``Plan, design, and engineering,
Ludlam Trail, Miami'';
(60) in item number 3410 by striking the project
description and inserting ``Design, purchase land, and
construct sound walls along the west side of I-65 from
approximately 950 feet south of the Harding Place interchange
south to Hogan Road'';
(61) in item number 3537 by inserting ``and the study of
alternatives along the North South Corridor,'' after
``Valley'';
(62) in item number 3582 by striking the project
description and inserting ``Improving Outer Harbor access
through planning, design, construction, and relocations of
Southtowns Connector-NY Route 5, Fuhrmann Boulevard, and a
bridge connecting the Outer Harbor to downtown Buffalo at the
Inner Harbor'';
(63) in item number 3604 by inserting ``/Kane Creek
Boulevard'' after ``500 West'';
(64) in item number 3632 by striking the State, project
description, and amount and inserting ``FL'', ``Pine Island
Road pedestrian overpass, city of Tamarac'', and
``$610,000'', respectively;
(65) in item number 3634 by striking the matters in the
State, project description, and amount columns and inserting
``FL'', ``West Avenue Bridge, city of Miami Beach'', and
``$620,000'', respectively;
(66) in item number 3673 by striking the project
description and inserting ``Improve marine dry-dock and
facilities in Ketchikan'';
(67) in item number 2942 by striking the project
description and inserting ``Redesigning the intersection of
Business U.S. 322/High Street and Rosedale Avenue and
constructing a new East Campus Drive between High Street
(U.S. 322) and Matlock Street at West Chester University,
West Chester, Pennsylvania'';
(68) in item number 2781 by striking the project
description and inserting ``Highway and road signage, road
construction, and other transportation improvement and
enhancement projects on or near Highway 26, in Riverton and
surrounding areas'';
(69) in item number 2430 by striking ``200 South
Interchange'' and inserting ``400 South Interchange'';
(70) by striking item number 20;
(71) in item number 424 by striking ``$264,000'' and
inserting ``$644,000'';
(72) in item number 1210 by striking the project
description and inserting ``Town of New Windsor--Riley Road,
Shore Drive, and area road improvements'';
(73) by striking item numbers 68, 905, and 1742;
(74) in item number 1059 by striking ``$240,000'' and
inserting ``$420,000'';
(75) in item number 2974 by striking ``$120,000'' and
inserting ``$220,000'';
(76) by striking item numbers 841, 960, and 2030;
(77) in item number 1278 by striking ``$740,000'' and
inserting ``$989,600'';
(78) in item number 207 by striking ``$13,600,000'' and
inserting ``$13,200,000'';
(79) in item number 2656 by striking ``$12,228,000'' and
inserting ``$8,970,000'';
(80) in item number 1983 by striking ``$1,600,000'' and
inserting ``$1,000,000'';
(81) in item number 753 by striking ``$2,700,000'' and
inserting ``$3,200,000'';
(82) in item number 64 by striking ``$6,560,000'' and
inserting ``$8,480,000'';
(83) in item number 2338 by striking ``$1,600,000'' and
inserting ``$1,800,000'';
(84) in item number 1533 by striking ``$392,000'' and
inserting ``$490,000'';
(85) in item number 1354 by striking ``$40,000'' and
inserting ``$50,000'';
(86) in item number 3106 by striking ``$400,000'' and
inserting ``$500,000'';
(87) in item number 799 by striking ``$1,600,000'' and
inserting ``$2,000,000'';
(88) in item number 159--
(A) by striking ``Construct interchange for 146th St. and
I-69'' and inserting ``Upgrade 146th St. to I-69 Access'';
and
(B) by striking ``$2,400,000'' and inserting
``$3,200,000'';
(89) by striking item number 2936;
(90) in item number 3138 by striking the project
description and inserting ``Elimination of highway-railway
crossing along the KO railroad from Salina to Osborne to
increase safety and reduce congestion'';
(91) in item number 2274 by striking ``between Farmington
and Merriman'' and inserting ``between Hines Drive and
Inkster, Flamingo Street between Ann Arbor Trail and Joy
Road, and the intersection of Warren Road and Newburgh
Road'';
(92) in item number 52 by striking the project description
and inserting ``Pontiac Trail between E. Liberty and McHattie
Street'';
(93) in item number 1544 by striking ``connector'';
(94) in item number 2573 by striking the project
description and inserting ``Rehabilitation of Sugar Hill Road
in North Salem, NY'';
(95) in item number 1450 by striking ``III-VI'' and
inserting ``III-VII'';
(96) in item number 2637 by striking the project
description and inserting ``Construction, road and safety
improvements in Geauga County, OH'';
(97) in item number 2342 by striking the project
description and inserting ``Streetscaping, bicycle trails,
and related improvements to the I-90/SR-615 interchange and
adjacent area and Heisley Road in Mentor, including
acquisition of necessary right-of-way within the Newell Creek
development to build future bicycle trails and bicycle
staging areas that will connect into the existing bicycle
trail system at I-90/SR-615, widening the Garfield Road
Bridge over I-90 to provide connectivity to the existing
bicycle trail system between the I-90/SR-615 interchange and
Lakeland Community College, and acquisition of additional
land needed for the preservation of the Lake Metroparks
Greenspace Corridor with the Newell Creek development
adjacent to the I-90/SR-615 interchange'';
(98) in item number 161 by striking the project description
and inserting ``Construct False Pass causeway and road to the
terminus of the south arm breakwater project'';
(99) in item number 2002 by striking the project
description and inserting ``Dowling Road extension/
reconstruction west from Minnesota Drive to Old Seward
Highway, Anchorage'';
(100) in item number 2023 by striking the project
description and inserting ``Biking and pedestrian trail
construction, Kentland'';
(101) in item number 2035 by striking ``Replace'' and
inserting ``Repair'';
(102) in item number 2511 by striking ``Replace'' and
inserting ``Rehabilitate'';
(103) in item number 2981 by striking the project
description and inserting ``Roadway improvements on Highway
262 on the Navajo Nation in Aneth'';
(104) in item number 2068 by inserting ``and approaches''
after ``capacity'';
(105) in item number 98 by striking the project description
and inserting ``Right-of-way acquisition and construction for
the 77th Street reconstruction project, including the Lyndale
Avenue Bridge over I-494, Richfield'';
(106) in item number 1783 by striking the project
description and inserting ``Clark Road access improvements,
Jacksonville'';
(107) in item number 2711 by striking the project
description and inserting ``Main Street Road Improvements
through Springfield, Jacksonville'';
(108) in item number 3485 by striking the project
description and inserting ``Improve SR 105 (Hecksher Drive)
from Drummond Point to August Road, including bridges across
the Broward River and Dunns Creek, Jacksonville'';
[[Page 6338]]
(109) in item number 3486 by striking the project
description and inserting ``Construct improvements to NE 19th
Street/NE 19th Terrace from NE 3rd Avenue to NE 8th Avenue,
Gainesville'';
(110) in item number 3487 by striking the project
description and inserting ``Construct improvements to NE 25th
Street from SR 26 (University Blvd.) to NE 8th Avenue,
Gainesville'';
(111) in item number 803 by striking ``St. Clair County''
and inserting ``city of Madison'';
(112) in item number 615 by striking the project
description and inserting ``Roadway improvements to Jackson
Avenue between Jericho Turnpike and Teibrook Avenue'';
(113) by striking item number 889;
(114) in item number 324 by striking the project
description and inserting ``Alger County, to reconstruct,
pave, and realign a portion of H-58 from 2,600 feet south of
Little Beaver Lake Road to 4,600 feet east of Hurricane
River'';
(115) in item number 301 by striking the project
description and inserting ``Improvements for St. Georges
Avenue between East Baltimore Avenue on the southwest and
Chandler Avenue on the northeast'';
(116) in item number 1519 by inserting ``at the
intersection of Quincy/West Drinker/Electric Streets near the
Dunmore School complex'' after ``roadway redesign'';
(117) in item number 2604 by inserting ``on Coolidge,
Bridge (from Main to Monroe), Skytop (from Gedding to
Skytop), Atwell (from Bear Creek Rd. to Pittston Township),
Wood (to Bear Creek Rd.), Pine, Oak (from Penn Avenue to
Lackawanna Avenue), McLean, Second, and Lolli Lane'' after
``roadway redesign'';
(118) in item number 1157 by inserting ``on Mill Street
from Prince Street to Roberts Street, John Street from
Roberts Street to end, Thomas Street from Roberts Street to
end, Williams Street from Roberts Street to end, Charles
Street from Roberts Street to end, Fair Street from Roberts
Street to end, Newport Avenue from East Kirmar Avenue to
end'' after ``roadway redesign'';
(119) in item number 805 by inserting ``on Oak Street from
Stark Street to the township line at Mayock Street and on
East Mountain Boulevard'' after ``roadway redesign'';
(120) in item number 2704 by inserting ``on West Cemetery
Street and Frederick Courts'' after ``roadway redesign'';
(121) in item number 4599 by striking the project
description and inserting ``Pedestrian paths, stairs,
seating, landscaping, lighting, and other transportation
enhancement activities along Riverside Boulevard and at
Riverside Park South'';
(122) in item number 1363 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, safety improvements, handicap access ramps,
parking, and roadway redesign on Bilbow Street from Church
Street to Pugh Street, on Pugh Street from Swallow Street to
Main Street, Jones Lane from Main Street to Hoblak Street,
Cherry Street from Green Street to Church Street, Main Street
from Jackson Street to end, Short Street from Cherry Street
to Main Street, and Hillside Avenue in Edwardsville Borough,
Luzerne County'';
(123) in item number 883 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, parking, roadway redesign, and safety
improvements (including curbing, stop signs, crosswalks, and
pedestrian sidewalks) at and around the 3-way intersection
involving Susquehanna Avenue, Erie Street, and Second Street
in West Pittston, Luzerne County'';
(124) in item number 625 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, safety improvements, parking, and roadway
redesign on Sampson Street, Dunn Avenue, Powell Street,
Josephine Street, Pittston Avenue, Railroad Street, McClure
Avenue, and Baker Street in Old Forge Borough, Lackawanna
County'';
(125) in item number 372 by inserting ``, replacement of
the Nesbitt Street Bridge, and placement of a guard rail
adjacent to St. Vladimir's Cemetery on Mountain Road (S.R.
1007)'' after ``roadway redesign'';
(126) in item number 2308 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, safety improvements, parking, and roadway
redesign, including a project to establish emergency access
to Catherino Drive from South Valley Avenue in Throop
Borough, Lackawanna County'';
(127) in item number 967 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, safety improvements, parking, roadway
redesign, and catch basin restoration and replacement on
Cherry Street, Willow Street, Eno Street, Flat Road, Krispin
Street, Parrish Street, Carver Street, Church Street,
Franklin Street, Carolina Street, East Main Street, and Rear
Shawnee Avenue in Plymouth Borough, Luzerne County'';
(128) in item number 989 by inserting ``on Old Ashley Road,
Ashley Street, Phillips Street, First Street, Ferry Road, and
Division Street'' after ``roadway redesign'';
(129) in item number 342 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and construction of streetscaping enhancements,
paving, lighting, safety improvements, parking, roadway
redesign, and cross pipe and catch basin restoration and
replacement on Northgate, Mandy Court, Vine Street, and 36th
Street in Milnesville West, and on Hillside Drive (including
the widening of the bridge on Hillside Drive), Club 40 Road,
Sunburst and Venisa Drives, and Stockton #7 Road in Hazle
Township, Luzerne County'';
(130) in item number 2332 by striking ``Monroe County'' and
inserting ``Carbon, Monroe, Pike, and Wayne Counties'';
(131) in item number 4914 by striking the project
description and inserting ``Roadway improvements on I-90 loop
in Mitchell along Haven Street from near Burr Street to near
Ohlman Street'';
(132) by striking item number 2723;
(133) in item number 61 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Grade crossing improvements along Wiregrass Central
RR at Boll Weevil Bypass in Enterprise, AL'', and
``$250,000'', respectively;
(134) in item number 314 by striking the project
description and amount and inserting ``Streetscape
enhancements to the transit and pedestrian corridor, Fort
Lauderdale, Downtown Development Authority'' and
``$610,000'', respectively;
(135) in item number 1639 by striking the project
description and inserting ``Operational and highway safety
improvements on Hwy 94 between the 20 mile marker post in
Jamul and Hwy 188 in Tecate'';
(136) in item number 2860 by striking the project
description and inserting ``Roadway improvements from
Halchita to Mexican Hat on the Navajo Nation'';
(137) in item number 2549 by striking ``on Navy Pier'';
(138) in item number 2804 by striking ``on Navy Pier'';
(139) in item number 1328 by striking the project
description and inserting ``Construct public access roadways
and pedestrian safety improvements in and around Montclair
State University in Clifton'';
(140) in item number 2559 by striking the project
description and inserting ``Construct sound walls on Route
164 at and near the Maersk interchange'';
(141) in item number 1849 by striking the project
description and inserting ``Highway, traffic-flow, pedestrian
facility, and streetscape improvements, Pittsburgh'';
(142) in item number 697 by striking the project
description and inserting ``Highway, traffic-flow, pedestrian
facility, and streetscape improvements, Pittsburgh'';
(143) in item number 3597 by striking the project
description and inserting ``Road Alignment from IL Route 159
to Sullivan Drive, Swansea'';
(144) in item number 2352 by striking the project
description and inserting ``Streetscaping and transportation
enhancements on 7th Street in Calexico, traffic signalization
on Highway 78, construction of the Renewable Energy and
Transportation Learning Center, improve and enlarge parking
lot, and create bus stop, Brawley'';
(145) in item number 3482 by striking the project
description and inserting ``Conduct a study to examine multi-
modal improvements to the I-5 corridor between the Main
Street Interchange and State Route 54'';
(146) in item number 1275 by striking the project
description and inserting ``Scoping, permitting, engineering,
construction management, and construction of Riverbank Park
Bike Trail, Kearny'';
(147) in item number 726 by striking the project
description and inserting ``Grade Separation at Vanowen and
Clybourn, Burbank'';
(148) in item number 1579 by striking the project
description and inserting ``San Gabriel Blvd. rehabilitation
project, Mission Road to Broadway, San Gabriel'';
(149) in item number 2690 by striking the project
description and inserting ``San Gabriel Blvd. rehabilitation
project, Mission Road to Broadway, San Gabriel'';
(150) in item number 2811 by striking the project
description and inserting ``San Gabriel Blvd. rehabilitation
project, Mission Road to Broadway, San Gabriel'';
(151) in item number 259 by striking the project
description and inserting ``Design and construction of the
Clair Nelson Intermodal Center in Finland, Lake County'';
(152) in item number 3456 by striking the project
description and inserting ``Completion of Phase II/Part I of
a project on Elizabeth Avenue in Coleraine to west of Itasca
County State Aid Highway 15 in Itasca County'';
(153) in item number 2329 by striking the project
description and inserting ``Upgrade streets, undertake
streetscaping, and implement traffic and pedestrian safety
signalization improvements and highway-rail crossing safety
improvements, Oak Lawn'';
(154) in item number 766 by striking the project
description and inserting ``Design and construction of the
walking path at Ellis Pond, Norwood'';
(155) in item number 3474 by striking the project
description and inserting ``Yellow River Trail, Newton
County'';
(156) in item number 3291 by striking the amount and
inserting ``$200,000'';
(157) in item number 3635 by striking the matters in the
State, project description, and amount columns and inserting
``GA'', ``Access Road in Montezuma'', and ``$200,000'',
respectively;
(158) in item number 716 by striking the project
description and inserting ``Conduct a
[[Page 6339]]
project study report for new Highway 99 Interchange between
SR 165 and Bradbury Road, and safety improvements/realignment
of SR 165, serving Turlock/Hilmar region'';
(159) in item number 1386 by striking the project
description and amount and inserting ``Pedestrian and bicycle
facilities, and street lighting in Haddon Heights'' and
``$300,000'', respectively;
(160) in item number 2720 by striking the project
description and amount and inserting ``Pedestrian and bicycle
facilities and street lighting in Barrington and streetscape
improvements to Clements Bridge Road from the circle at the
White Horse Pike to NJ Turnpike overpass in Barrington'' and
``$700,000'', respectively;
(161) in item number 2523 by striking the project
description and inserting ``Penobscot Riverfront Development
for bicycle trails, amenities, traffic circulation
improvements, and waterfront access or stabilization, Bangor
and Brewer'';
(162) in item number 545 by striking the project
description and inserting ``Planning, design, and
construction of improvements to the highway systems
connecting to Lewistown and Auburn downtowns'';
(163) by striking item number 2168;
(164) by striking item number 170;
(165) in item number 2366 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition, and paving of the parking lot at the Casey Plaza
in Wilkes-Barre Township'';
(166) in item number 826 by striking ``and Interstate 81''
and inserting ``and exit 168 on Interstate 81 or the
intersection of the connector road with Northampton St.'';
(167) in item number 2144 by striking the project
description and inserting ``Design, engineering, right-of-way
acquisition and construction of streetscaping enhancements,
paving, lighting, safety improvements, parking, and roadway
redesign on Third Street from Pittston Avenue to Packer
Street; Swift Street from Packer Street to Railroad Street;
Clark Street from Main Street to South Street; School Street
from Main Street to South Street; Plane Street from Grove
Street to William Street; John Street from 4 John Street to
William Street; Grove Street from Plane Street to Duryea
Borough line; Wood Street from Cherry Street to Hawthorne
Street in Avoca Borough, Luzerne County'';
(168) in item number 1765 by striking the project
description and amount and inserting ``Design, engineering,
right-of-way acquisition, and construction of street
improvements, streetscaping enhancements, paving, lighting,
safety improvements, parking, roadway redesign in Pittston,
including right-of-way acquisition, structure demolition, and
intersection safety improvements in the vicinity of and
including Main, William, and Parsonage Streets in Pittston''
and ``$1,600,000'', respectively;
(169) in item number 2957 by striking the project
description and amount and inserting ``Design, engineering,
land acquisition, right-of-way acquisition, and construction
of a parking garage, streetscaping enhancements, paving,
lighting, safety improvements, parking, and roadway redesign
in the city of Wilkes-Barre'' and ``$2,800,000'',
respectively;
(170) in item number 3283 by striking the project
description and amount and inserting ``Pedestrian access
improvements, including installation of infrastructure and
equipment for security and surveillance purposes at subway
stations in Astoria, New York'' and ``$1,300,000'',
respectively;
(171) in item number 3556 by striking the project
description and amount and inserting ``Design and
rehabilitate staircases used as streets due to the steep
grade of terrain in Bronx County'' and ``$1,100,000'',
respectively;
(172) by striking item number 203;
(173) by striking item number 552;
(174) by striking item number 590;
(175) by striking item number 759;
(176) by striking item number 879;
(177) by striking item number 1071;
(178) by striking item number 1382;
(179) by striking item number 1897;
(180) by striking item number 2553;
(181) in item number 3014 by striking the project
description and amount and inserting ``Design and Construct
school safety projects in New York City'' and ``$2,500,000'',
respectively;
(182) in item number 2375 by striking the project
description and amount and inserting ``Subsurface
environmental study to measure presence of methane and
benzene gasses in vicinity of Greenpoint, Brooklyn, and the
Kosciusko Bridge, resulting from the Newtown Creek oil
spill'' and ``$100,000'';
(183) in item number 221 by striking the project
description and inserting ``Study and Implement
transportation improvements on Flatbush Ave. between Avenue U
and the Marine Park Bridge in front of Gateway National Park
in Kings County, New York'';
(184) in item number 2732 striking the project description
and inserting ``Pedestrian safety improvements in the
vicinity of LIRR stations'';
(185) by striking item number 99;
(186) in item number 398 by striking the project
description and inserting ``Construct a new 2-lane road
extending north from University Park Drive and improvements
to University Park Drive'';
(187) in item number 446 by striking the project
description and inserting ``Transportation improvements for
development of the Williamsport-Pile Bay Road corridor'';
(188) in item number 671 by striking ``and Pedestrian Trail
Expansion'' and inserting ``, including parking facilities
and Pedestrian Trail Expansion'';
(189) in item number 674 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Grade crossing improvements along Conecuh Valley RR
at Henderson Highway (CR-21) in Troy, AL'', and ``$300,000'',
respectively;
(190) in item number 739 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Grade crossing improvements along Luxapalila Valley
RR in Lamar and Fayette Counties, AL (Crossings at CR-6, CR-
20, SH-7, James Street, and College Drive)'', and
``$300,000'', respectively;
(191) in item number 746 by striking ``Planning and
construction of a bicycle trail adjacent to the I-90 and SR
615 Interchange in'' and inserting ``Planning, construction,
and extension of bicycle trails adjacent to the I-90 and SR
615 Interchange, along the Greenway Corridor and
throughout'';
(192) in item number 749 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``UPMC Heliport in Bedford'', and ``$750,000'',
respectively;
(193) in item number 813 by striking the project
description and inserting ``Preliminary design and study of
long-term roadway approach alternatives to TH 36/SH 64 St.
Croix River Crossing Project'';
(194) in item number 816 by striking ``$800,000'' and
inserting ``$880,000'';
(195) in item number 852 by striking ``Acquire Right-of-Way
for Ludlam Trail, Miami, Florida'' and inserting ``Planning,
design, and engineering, Ludlam Trail, Miami'';
(196) in item number 994 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Construct 2 flyover ramps and S. Linden Street exit
for access to industrial sites in the cities of McKeesport
and Duquesne'', and ``$500,000'', respectively;
(197) in item number 1015 by striking the project
description and inserting ``Mississippi River Crossing
connecting I-94 and US 10 between US 160 and TH 101, MN'';
(198) in item number 1101 by striking the project
description and inserting ``I-285 underpass/tunnel assessment
and engineering and interchange improvements in Sandy
Springs'';
(199) in item number 1211 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Road improvements and upgrades related to the
Pennsylvania State Baseball Stadium'', and ``$500,000'',
respectively;
(200) in item number 1345 by striking ``to Stony Creek
Park, 25 Mile Road in Shelby Township'' and inserting ``south
to the city of Utica'';
(201) in item number 1501 by striking the project
description and inserting ``Construction and right-of-way
acquisition of TH 241, CSAH 35 and associated streets in the
city of St. Michael'';
(202) in item number 1525 by striking ``north of CSX RR
Bridge'' and inserting ``US Highway 90'';
(203) in item number 1847 by striking the project
description and inserting ``Improve roads, sidewalks, and
road drainage, City of Seward'';
(204) in item number 2031 by striking the project
description and inserting ``Construct and improve Westside
Parkway in Fulton County'';
(205) in item number 2103 by striking ``$2,000,000'' and
inserting ``$3,000,000'';
(206) in item number 2219 by striking ``SR 91 in City of
Twinsburg, OH'' and inserting ``Center Valley Parkway in
Twinsburg, OH'';
(207) in item number 2302 by inserting ``and other road
improvements to Safford Street'' after ``crossings'';
(208) in item number 2560 by striking the project
description and inserting ``I-285 underpass/tunnel assessment
and engineering and interchange improvements in Sandy
Springs'';
(209) in item number 2563 by striking the project
description and amount and inserting ``Construct hike and
bike path as part of Bridgeview Bridge replacement in Macomb
County'' and ``$486,400'', respectively;
(210) in item number 2698 by striking the project
description and inserting ``Interchanges at I-95/Ellis Road
and between Grant Road and Micco Road, Brevard County'';
(211) in item number 3141 by striking ``$2,800,000'' and
inserting ``$1,800,000'';
(212) by striking item number 3160;
(213) in item number 3353 by inserting ``and construction''
after ``mitigation'';
(214) in item number 996 by striking ``$2,000,000'' and
inserting ``$687,000'';
(215) in item number 2166 by striking the project
description and inserting ``Design, right-of-way acquisition,
and construction for I-35 and CSAH2 interchange and CSAH2
corridor to TH61 in Forest Lake'';
(216) in item number 3251 by striking the project
description and inserting ``I-94 and Radio Drive Interchange
and frontage road project, design, right-of-way acquisition,
and construction, Woodbury'';
(217) in item number 1488 by striking the project
description and inserting ``Construct a 4-lane highway
between Maverick Junction and the Nebraska border'';
(218) in item number 3240 by striking the project
description and inserting ``Railroad-highway crossings in
Pierre'';
(219) in item number 1738 by striking ``Paving'' and
inserting ``Planning, design, and construction'';
[[Page 6340]]
(220) in item number 3672 by striking the project
description and inserting ``Pave remaining stretch of BIA
Route 4 from the junction of the BIA Route 4 and N8031 in
Pinon, AZ, to the Navajo and Hopi border'';
(221) in item number 2424 by striking ``Construction'' and
inserting ``preconstruction (including survey and
archeological clearances) and construction'';
(222) in item number 1216 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``For roadway construction improvements to Route 222
relocation, Lehigh County'', and ``$1,313,000'',
respectively;
(223) in item number 2956 by striking ``$1,360,000'' and
inserting ``$2,080,000'';
(224) in item number 1256 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Construction of a bridge over Brandywine Creek as
part of the Boot Road extension project, Downingtown
Borough'', and ``$700,000'', respectively;
(225) in item number 1291 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Enhance parking facilities in Chester Springs,
Historic Yellow Springs'', and ``$20,000'', respectively;
(226) in item number 1304 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Improve the intersection at SR 100/SR 4003
(Kernsville Road), Lehigh County'', and ``$250,000'',
respectively;
(227) in item number 1357 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Intersection signalization at SR 3020 (Newburg
Road)/Country Club Road, Northampton County'', and
``$250,000'', respectively;
(228) in item number 1395 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Improve the intersection at SR 100/SR 29, Lehigh
County'', and ``$220,000'', respectively;
(229) in item number 80 by striking ``$4,544,000'' and
inserting ``$4,731,200'';
(230) in item number 2096 by striking ``$4,800,000'' and
inserting ``$5,217,600'';
(231) in item number 1496 by striking the matters in the
State, project description, and amount columns and inserting
``PA'', ``Study future needs of East-West road infrastructure
in Adams County'', and ``$115,200'', respectively;
(232) in item number 2193 by striking the project
description and inserting ``710 Freeway Study to
comprehensively evaluate the technical feasibility of a
tunnel alternative to close the 710 Freeway gap, considering
all practicable routes, in addition to any potential route
previously considered, and with no funds to be used for
preliminary engineering or environmental review except to the
extent necessary to determine feasibility'';
(233) in item number 2445 by striking the project
description and inserting ``$600,000 for road and pedestrian
safety improvements on Main Street in the Village of
Patchogue; $900,000 for road and pedestrian safety
improvements on Montauk Highway, between NYS Route 112 and
Suffolk County Road 101 in Suffolk County'';
(234) in item number 346 by striking the project
description and inserting ``Hansen Dam Recreation Area access
improvements, including hillside stabilization and parking
lot rehabilitation along Osborne Street between Glenoaks
Boulevard and Dronfield Avenue'';
(235) by striking item number 449;
(236) in item number 3688 by striking ``road'' and
inserting ``trail'';
(237) in item number 3695 by striking ``in Soldotna'' and
inserting ``in the Kenai River corridor'';
(238) in item number 3699 by striking ``to improve fish
habitat'';
(239) in item number 3700 by inserting ``and ferry
facilities'' after ``a ferry'';
(240) in item number 3703 by inserting ``or other roads''
after ``Cape Blossom Road'';
(241) in item number 3704 by striking ``Fairbanks'' and
inserting ``Alaska Highway'';
(242) in item number 3705 by striking ``in Cook Inlet for
the Westside development/Williamsport-Pile Bay Road'' and
inserting ``for development of the Williamsport-Pile Bay Road
corridor'';
(243) in item number 3829 by striking the amount and
inserting ``$3,050,000'';
(244) by inserting after item number 3829 the following:
``3829A CO................ U.S. 550, New Mexico $950,000'';
State line to Durango
(245) in item number 4788 by striking the project
description and inserting ``Heidelberg Borough/Scott
Township/Carnegie Borough for design, engineering,
acquisition, and construction of streetscaping enhancements,
paving, lighting and safety upgrades, and parking
improvements'';
(246) in item number 3861 by striking the project
description and inserting ``Creation of a greenway path along
the Naugatuck River in Waterbury'';
(247) in item number 3883 by striking the project
description and inserting ``Wilmington Riverfront Access and
Street Grid Redesign'';
(248) in item number 3892 by striking ``$5,000,000'' and
inserting ``$8,800,000'';
(249) in item number 3894 by striking ``$5,000,000'' and
inserting ``$1,200,000'';
(250) in item number 3909 by striking the project
description and inserting ``S.R. 281, the Avalon Boulevard
Expansion Project from Interstate 10 to U.S. Highway 91'';
(251) in item number 3911 by striking the project
description and inserting ``Construct a new bridge at Indian
Street, Martin County'';
(252) in item number 3916 by striking the project
description and inserting ``City of Hollywood for U.S. 1/
Federal Highway, north of Young Circle'';
(253) in item number 3937 by striking the project
description and inserting ``Kingsland bypass from CR 61 to I-
95, Camden County'';
(254) in item number 3945 by striking ``CR 293 to CS 5231''
and inserting ``SR 371 to SR 400'';
(255) in item number 3965 by striking ``transportation
projects'' and inserting ``and air quality projects'';
(256) in item number 3986 by striking the project
description and inserting ``Extension of Sugarloaf Parkway,
Gwinnett County'';
(257) in item number 3999 by striking ``Bridges'' and
inserting ``Bridge and Corridor'';
(258) in item number 4003 by striking the project
description and inserting ``City of Council Bluffs and
Pottawattamie County East Beltway Roadway and Connectors
Project'';
(259) in item number 4043 by striking ``MP 9.3, Segment I,
II, and III'' and inserting ``Milepost 24.3'';
(260) in item number 4050 by striking the project
description and inserting ``Preconstruction and construction
activities of U.S. 51 between the Assumption Bypass and
Vandalia'';
(261) in item number 4058 by striking the project
description and inserting ``For improvements to the road
between Brighton and Bunker Hill in Macoupin County'';
(262) in each of item numbers 4062 and 4084 by striking the
project description and inserting ``Preconstruction,
construction, and related research and studies of I-290 Cap
the Ike project in the village of Oak Park'';
(263) in item number 4089 by inserting ``and parking
facility/entrance improvements serving the Museum of Science
and Industry'' after ``Lakeshore Drive'';
(264) in item number 4103 by inserting ``and adjacent to
the'' before ``Shawnee'';
(265) in item number 4110 by striking the project
description and inserting ``For improvements to the road
between Brighton and Bunker Hill in Macoupin County'';
(266) in item number 4120 by striking the matters in the
project description and amount columns and inserting
``Upgrade 146th Street to Improve I-69 Access'' and
``$800,000'', respectively;
(267) in item number 4125 by striking ``$250,000'' and
inserting ``$1,650,000'';
(268) by striking item number 4170;
(269) by striking item number 4179;
(270) in item number 4185 by striking the project
description and inserting ``Replace the Clinton Street Bridge
spanning St. Mary's River in downtown Fort Wayne'';
(271) in item number 4299 by striking the project
description and inserting ``Improve U.S. 40, MD 715
interchange and other roadways in the vicinity of Aberdeen
Proving Ground to support BRAC-related growth'';
(272) in item number 4313 by striking ``Maryland Avenue''
and all that follows through ``Rd. corridor'' and inserting
``intermodal access, streetscape, and pedestrian safety
improvements'';
(273) in item number 4315 by striking ``stormwater
mitigation project'' and inserting ``environmental
preservation project'';
(274) in item number 4318 by striking the project
description and inserting ``Planning, design, and
construction of improvements to the highway systems
connecting to Lewiston and Auburn downtowns'';
(275) in item number 4323 by striking the project
description and inserting ``MaineDOT Acadia intermodal
passenger and maintenance facility'';
(276) in item number 4338 by striking the project
description and inserting ``Construct 1 or more grade-
separated crossings of I-75, and make associated improvements
to improve local and regional east-west mobility between
Mileposts 279 and 282'';
(277) in item number 4355 by striking the project
description and inserting ``Design, engineering, ROW
acquisition, construction, and construction engineering for
the reconstruction of TH 95, from 12th Avenue to CSAH 13,
including bridge and approaches, ramps, intersecting
roadways, signals, turn lanes, and multiuse trail, North
Branch'';
(278) in item number 4357 by striking the project
description and inserting ``Design, construct, ROW, and
expand TH 241 and CSAH 35 and associated streets in the city
of St. Michael'';
(279) in item number 4360 by striking the project
description and inserting ``Planning, design, and
construction for Twin Cities Bioscience Corridor in St.
Paul'';
(280) in item number 4362 by striking the project
description and inserting ``I-494/U.S. 169 interchange
reconstruction including U.S. 169/Valley View Road
interchange, Twin Cities Metropolitan Area'';
(281) in item number 4365 by striking the project
description and inserting ``34th Street realignment and 34th
Street and I-94 interchange, including retention and
reconstruction of the SE Main Avenue/CSAH 52 interchange
ramps at I-94, and other transportation improvements for the
city of Moorhead, including the SE Main Avenue GSI and
Moorhead Comprehensive Rail Safety Program'';
(282) in item number 4369 by striking the project
description and inserting ``Construction of 8th Street North,
Stearns C.R. 120 to TH 15 in St. Cloud'';
[[Page 6341]]
(283) in item number 4371 by striking the project
description and inserting ``Construction and ROW of TH 241,
CSAH 35 and associated streets in the city of St. Michael'';
(284) in item number 4411 by striking ``Southaven'' and
inserting ``DeSoto County'';
(285) in item number 4424 by striking the project
description and inserting ``U.S. 93 Evaro to Polson
transportation improvement projects'';
(286) in item number 4428 by striking the project
description and inserting ``US 76 improvements'';
(287) in item number 4457 by striking the project
description and inserting ``Construct an interchange at an
existing grade separation at SR 1602 (Old Stantonsburg Rd.)
and U.S. 264 Bypass in Wilson County'';
(288) in item number 4461 by striking the project
description and inserting ``Transportation and related
improvements at Queens University of Charlotte, including the
Queens Science Center and the Marion Diehl Center,
Charlotte'';
(289) in item number 4507 by striking the project
description and inserting ``Design, right-of-way acquisition,
and construction of Highway 35 between Norfolk and South
Sioux City, including an interchange at milepost 1 on U.S. I-
129'';
(290) in item number 4555 by inserting ``Canal Street and''
after ``Reconstruction of'';
(291) in item number 4565 by striking the project
description and inserting ``Railroad Construction and
Acquisition, Ely and White Pine County'';
(292) in item number 4588 by inserting ``Private Parking
and'' before ``Transportation'';
(293) in item number 4596 by striking the project
description and inserting ``Centerway Bridge and Bike Trail
Project, Corning'';
(294) in item number 4610 by striking the project
description and inserting ``Preparation, demolition,
disposal, and site restoration of Alert Facility on Access
Road to Plattsburgh International Airport'';
(295) in item number 4649 by striking the project
description and inserting ``Fairfield County, OH U.S. 33 and
old U.S. 33 safety improvements and related construction,
city of Lancaster and surrounding areas'';
(296) in item number 4651 by striking ``for the transfer of
rail to truck for the intermodal'' and inserting ``, and
construction of an intermodal freight'';
(297) in item number 4691 by striking the project
description and inserting ``Transportation improvements to
Idabel Industrial Park Rail Spur, Idabel'';
(298) in item number 4722 by striking the project
description and inserting ``Highway, traffic, pedestrian, and
riverfront improvements, Pittsburgh'';
(299) in item number 4749 by striking ``study'' and
inserting ``improvements'';
(300) in item number 4821 by striking ``highway grade
crossing project, Clearfield and Clinton Counties'' and
inserting ``Project for highway grade crossings and other
purposes relating to the Project in Cambria, Centre,
Clearfield, Clinton, Indiana, and Jefferson Counties'';
(301) in item number 4838 by striking ``study'' and
inserting ``improvements'';
(302) in item number 4839 by striking ``fuel-celled'' and
inserting ``fueled'';
(303) in item number 4866 by striking ``$11,000,000'' and
inserting ``$9,400,000'';
(304) by inserting after item number 4866 the following:
``4866A RI................ Repair and restore $1,600,000'';
railroad bridge in
Westerly
(305) in item number 4892 by striking the project
description and inserting ``Construct a 4-lane highway
between maverick Junction and the Nebraska border'';
(306) in item number 4916 by striking ``$1,000,000'' and
inserting ``$328,000'';
(307) in item number 4924 by striking ``$3,450,000'' and
inserting ``$4,122,000'';
(308) in item number 4960 by inserting ``of which $50,000
shall be used for a street paving project, Calhoun'' after
``County'';
(309) in item number 4974 by striking ``, Sevier County'';
(310) in item number 5008 by inserting ``/Kane Creek
Boulevard'' after ``500 West'';
(311) in each of item numbers 5011 and 5033 by striking
``200 South Interchange'' and inserting ``400 South
Interchange'';
(312) in item number 5021 by striking ``Pine View Dam,'';
(313) in item number 5026 by striking the project
description and inserting ``Roadway improvements on
Washington Fields Road/300 East, Washington'';
(314) in item number 5027 by inserting ``and roadway
improvements'' after ``safety project'';
(315) in item number 5028 by inserting ``and roadway
improvements'' after ``lighting'';
(316) in item number 5029 by inserting ``and roadway
improvements'' after ``lights'';
(317) in number 5032 by striking the project description
and inserting ``Expand Redhills Parkway, St. George'';
(318) in item number 5132 by striking the project
description and inserting ``St. Croix River crossing project,
Wisconsin State Highway 64, St. Croix County, Wisconsin, to
Minnesota State Highway 36, Washington County'';
(319) in item number 5161 by striking the project
description and inserting ``Raleigh Street Extension Project
in Martinsburg'';
(320) in item number 1824 by striking the project
description and inserting ``U.S. Route 10 expansion in Wadena
and Ottertail Counties'';
(321) in item number 1194 by striking the project
description and inserting ``Roadway and pedestrian design and
improvements for Pennsylvania Avenue, Brooklyn'';
(322) in item number 2286 by striking the project
description and inserting ``Road improvements for Church
Street between NY State Route 25A and Hilden Street in Kings
Park'';
(323) in item number 1724 by striking the project
description and amount and inserting ``For road resurfacing
and upgrades to Old Nichols Road and road repairs in the
Nissequogue River watershed in Smithtown'' and
``$1,500,000'', respectively;
(324) in item number 3636 by striking the matters in the
State, project description, and amount columns and inserting
``NY'', ``Road repair and maintenance in the Town of
Southampton'', and ``$500,000'', respectively;
(325) in item number 3638 by striking the matters in the
State, project description, and amount columns and inserting
``NY'', ``Improve NY State Route 112 from Old Town Road to NY
State Route 347'', and ``$6,000,000'', respectively;
(326) in item number 3479 by striking the project
description and inserting ``Road improvements and utility
relocations within the city of Jackson'';
(327) in item number 141 by striking ``construction of
pedestrian and bicycle improvements'' and inserting
``transportation enhancement activities'';
(328) in item number 1204 by striking ``at SR 283'';
(329) in item number 2896 by striking the project
description and inserting ``Improve streetscape and signage
and pave roads in McMinn County, including $50,000 that may
be used for paving local roads in the city of Calhoun'';
(330) in item number 3017 by striking ``, Pine View Dam'';
(331) in item number 3188 insert after ``Reconstruction''
the following: ``including U.S. 169/Valley View Road
Interchange,'';
(332) in item number 1772 by striking the project
description and inserting ``Reconstruction of Historic
Eastern Parkway'';
(333) in item number 2610 by striking the project
description and inserting ``Reconstruction of Times and Duffy
Squares in New York City'';
(334) in item number 2462--
(A) by striking ``of the New Jersey Turnpike, Carteret''
and inserting ``and the Tremley Point Connector Road of the
New Jersey Turnpike''; and
(B) by striking ``$1,200,000'' and inserting ``$450,000'';
(335) in item number 2871 by striking the amount and
inserting ``$2,430,000'';
(336) in item number 3381 by striking the project
description and inserting ``Determine scope, design,
engineering, and construction of Western Boulevard Extension
from Northern Boulevard to Route 9 in Ocean County, New
Jersey'';
(337) in item number 2703 by striking the project
description and inserting ``Upgrading existing railroad
crossings with installation of active signals and gates and
to study the feasibility and necessity of rail grade
separation'';
(338) in item number 1004 by inserting ``SR 71 near'' after
``turn lane on'';
(339) in item number 2824 by striking the project
description and inserting the following: ``Sevier County, TN,
SR 35 near SR 449 intersection'';
(340) in item number 373 by striking the project
description and inserting ``Widening existing Highway 226,
including a bypass of Cash and a new connection to Highway
49'';
(341) in item number 1486, by striking the project
description and inserting ``Bridge reconstruction and road
widening on Route 252 and Route 30 in Tredyffrin Township,
PA, in conjunction with the Paoli Transportation Center
Project'';
(342) in item number 4541 by striking ``of the New Jersey
Turnpike, Carteret'' and inserting ``and the Tremley Point
Connector Road of the New Jersey Turnpike'';
(343) in item number 4006 by striking the project
description and inserting ``Improvement to Alice's Road/105th
Street Corridor including bridge, interchange, roadway,
right-of-way, and enhancements'';
(344) in item number 2901 by striking the project
description and inserting ``Purchase of land and conservation
easements within U.S. 24 study area in Lucas, Henry, and
Fulton Counties, Ohio'';
(345) in item number 2619 by striking the project
description and inserting ``Improve access to I-55 between
Bayless Avenue and Loughborough Avenue, including bridge
230.06'';
(346) in item number 1687 by striking the project
description and inserting ``Construct an interchange at I-675
and Warren Avenue near downtown Saginaw'';
(347) by striking item number 206;
(348) by striking item number 821;
(349) by striking item number 906;
(350) by striking item number 1144;
(351) in item number 1693 by striking the project
description and amount and inserting ``Plan and implement
truck route improvements in the Maspeth neighborhood of
Queens County'' and ``$500,000'', respectively;
(352) in item number 3039 by striking the project
description and inserting ``Pittsfield greenways construction
to connect Pittsfield to the Ann Arbor greenway system,
Pittsfield Township'';
(353) in item number 2922 by striking the project
description and amount and inserting
[[Page 6342]]
``Detroit River International Wildlife Refuge for land
acquisition adjacent to I-75 in Monroe County for wetland
mitigation and habitat restoration, Fish and Wildlife
Service'' and ``$1,800,000'', respectively;
(354) in item number 3641 by striking the matters in the
State, project description, and amount columns and inserting
``MI'', ``River Raisin Battlefield for acquisition of
historic battlefield land in Monroe County, Port of Monroe'',
and ``$1,200,000''; respectively;
(355) in item number 3643 by striking the matters in the
State, project description, and amount columns and inserting
``MI'', ``Phase 1 of Monroe County greenway system
construction, Monroe County'', and ``$940,000'',
respectively;
(356) in item number 3645 by striking the matters in the
State, project description, and amount columns and inserting
``MI'', ``East County fueling operations consolidation at the
Monroe County Road Commission and enhancement of facilities
to accommodate biodiesel fuel pumps, Monroe County'', and
``$1,000,000'', respectively;
(357) in item number 3646 by striking the matters in the
State, project description, and amount columns and inserting
``MI'', ``Greenway trail construction from City of Monroe to
Sterling State Park, City of Monroe'', and ``$100,000'';
respectively;
(358) in item number 1883 by striking the project
description and inserting ``Planning for the Orangeline High
Speed MAGLEV from Los Angeles County to Orange County'';
(359) in item number 3757 by inserting ``, including Van
Asche Drive'' after ``Corridor'';
(360) in item number 4347 by striking the project
description and inserting ``Alger County, to reconstruct,
pave, and realign a portion of H-58 from 2,600 feet south of
Little Beaver Lake Road to 4,600 feet east of Hurricane
River'';
(361) in item number 4335 by striking the project
description and inserting ``Construct an interchange at I-675
and Warren Avenue near downtown Saginaw'';
(362) in item number 4891 by striking the project
description and inserting ``Widening U.S. 17 in Charleston
County from the Isle of Palms Connector to a point at or near
Darrell Creek Trail'';
(363) in item number 3647 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Drainage and infrastructure improvements on U.S. 11
in front of Springville Middle School in Springville'', and
``$1,000,000'', respectively;
(364) in item number 3648 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Transportation enhancement projects for sidewalks
and streetscaping along Cahaba Road between the Botanical
Gardens and the Birmingham Zoo in the City of Birmingham'',
and ``$1,075,000'', respectively;
(365) in item number 3651 by striking the matters in the
State, project description, and amount columns and inserting
``AL'', ``Engineering and right-of-way acquisition for the
McWrights Ferry Road extension between Rice Mine Road and New
Watermelon Road in Tuscaloosa County'', and ``$1,075,000'',
respectively;
(366) in item number 562 by striking ``a designated truck
route through'' and inserting ``roadway and sidewalk
improvements in'';
(367) in item number 2836 by striking the project
description and inserting ``Traffic calming and safety
improvements to Lido Boulevard, Town of Hampstead, Nassau
County'';
(368) in item number 1353 by striking the project
description and inserting ``Improve the flow of truck traffic
in Orrville'';
(369) in item number 1975 by striking the project
description and inserting ``Hatcher Pass Ski Development Road
in Matanuska-Susitna Borough'';
(370) in item number 1661 by striking the project
description and inserting ``Hatcher Pass Ski Development Road
in Matanuska-Susitna Borough'';
(371) in item number 1574 by striking the project
description and inserting ``Construct commuter parking
structure in the central business district in the vicinity of
La Grange Road, and for projects identified by the Village of
La Grange as its highest priorities'';
(372) in item number 3461 by striking the project
description and inserting ``Construct Leon Pass overpass, and
for projects identified by the Village of Hodgkins as its
highest priorities'';
(373) in item numbers 1310 and 2265 by striking the project
descriptions and inserting ``To construct up to 2
interchanges on U.S. Alternate Highway 72/Alabama Highway 20
from Interstate 65 to U.S. Highway 31 in Decatur, Alabama,
with additional lanes as necessary'';
(374) in item number 4934 by striking ``connection with
Hermitage Avenue'' and inserting ``Hermitage Avenue and
pedestrian connection'';
(375) in item number 1227 by striking the project
description and inserting ``Construct road improvements near
industrial park near SR 209 and CR 345 that improve access to
the industrial park'';
(376) in item number 2507 by striking the project
description and inserting ``Texas Department of
Transportation: for those projects the Department has
identified as its highest priorities'';
(377) in item number 3903 by striking the project
description and inserting ``Planning, design, and engineering
study to widen (4 lanes) SR 87 from the intersection of US 90
and SR 87 South to the Alabama State line'';
(378) in item number 56 by striking the project description
and inserting ``Bicycle and pedestrian improvements,
Oregon'';
(379) in item number 604 by striking the amount and
inserting ``$11,800,000'';
(380) in item number 1299 by striking the amount and
inserting ``$9,800,000'';
(381) in item number 1506 by striking the amount and
inserting ``$5,100,000'';
(382) in item number 1904 by striking the project
description and inserting ``Study and construct access to
intermodal facility in Azusa'';
(383) in item number 3653 by striking the matters in the
State, project description, and amount columns and inserting
``MI'', ``Bicycle and pedestrian trails in Harrison
Township'', and ``$2,900,000'', respectively;
(384) in item number 3447 by striking the project
description and inserting ``Carlton, 4th Street Railroad
Crossing Improvement Project: Construct a safe, at grade
crossing of the railroad and necessary bridge, connecting the
community's educational and athletic facilities'';
(385) in item number 2321 by striking the project
description and inserting ``Design and construct roadway and
traffic signal improvements on Stella Street and Front
Street, Wormleysburg, PA''; and
(386) in item number 370 by striking the project
description and inserting ``Pedestrian paths, stairs,
seating, landscaping, lighting, and other transportation
enhancement activities along Riverside Boulevard and at
Riverside Park South''.
(b) Unused Obligation Authority.--Notwithstanding any other
provision of law, unused obligation authority made available
for an item in section 1702 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1256) that is repealed, or authorized
funding for such an item that is reduced, by this section
shall be made available--
(1) for an item in section 1702 of that Act that is added
or increased by this section and that is in the same State as
the item for which obligation authority or funding is
repealed or reduced;
(2) in an amount proportional to the amount of obligation
authority or funding that is so repealed or reduced; and
(3) individually for projects numbered 1 through 3676
pursuant to section 1102(c)(4)(A) of that Act (119 Stat.
1158).
(c) Transfer of Project Funds.--The Secretary of
Transportation shall transfer to the Commandant of the Coast
Guard amounts made available to carry out the project
described in item number 4985 of the table contained in
section 1702 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1447) to carry out that project, in accordance with the Act
of June 21, 1940, commonly known as the ``Truman-Hobbs Act'',
(33 U.S.C. 511 et seq.).
(d) Additional Discretionary Use of Surface Transportation
Program Funds.--Of the funds apportioned to each State under
section 104(b)(3) of title 23, United States Code, a State
may expend for each of fiscal years 2008 and 2009 not more
than $1,000,000 for the following activities:
(1) Participation in the Joint Operation Center for Fuel
Compliance established under section 143(b)(4)(H) of title
23, United States Code, within the Department of the
Treasury, including the funding of additional positions for
motor fuel tax enforcement officers and other staff dedicated
on a full-time basis to participation in the activities of
the Center.
(2) Development, operation, and maintenance of electronic
filing systems to coordinate data exchange with the Internal
Revenue Service by States that impose a tax on the removal of
taxable fuel from any refinery and on the removal of taxable
fuel from any terminal.
(3) Development, operation, and maintenance of electronic
single point of filing in conjunction with the Internal
Revenue Service by States that impose a tax on the removal of
taxable fuel from any refinery and on the removal of taxable
fuel from any terminal.
(4) Development, operation, and maintenance of a
certification system by a State of any fuel sold to a State
or local government (as defined in section 4221(d)(4) of the
Internal Revenue Code of 1986) for the exclusive use of the
State or local government or sold to a qualified volunteer
fire department (as defined in section 150(e)(2) of such
Code) for its exclusive use.
(5) Development, operation, and maintenance of a
certification system by a State of any fuel sold to a
nonprofit educational organization (as defined in section
4221(d)(5) of such Code) that includes verification of the
good standing of the organization in the State in which the
organization is providing educational services.
(e) Project Federal Share.--Section 1964 of the Safe,
Accountable, Flexible, Efficient Transportation Equity: A
Legacy for Users (119 Stat. 1519) is amended by adding at the
end the following:
``(c) Special Rule.--Notwithstanding any other provision of
law, the Federal share of the cost of the projects described
in item numbers 1284 and 3093 in the table contained in
section 1702 of this Act shall be 100 percent.''.
SEC. 106. NONMOTORIZED TRANSPORTATION PILOT PROGRAM.
Section 1807(a)(3) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1460) is amended by striking ``Minneapolis-St. Paul,
Minnesota'' and inserting ``Minneapolis, Minnesota''.
[[Page 6343]]
SEC. 107. CORRECTION OF INTERSTATE AND NATIONAL HIGHWAY
SYSTEM DESIGNATIONS.
(a) Treatment.--Section 1908(a) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1469) is amended by striking paragraph (3).
(b) National Highway System.--Section 1908(b) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1470) is amended by striking
``from the Arkansas State line'' and inserting ``from
Interstate Route 540''.
SEC. 108. BUDGET JUSTIFICATION; BUY AMERICA.
(a) Budget Justification.--Section 1926 of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1483) is amended by striking
``The Department'' and inserting ``Notwithstanding any other
provision of law, the Department''.
(b) Buy America.--Section 1928 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1484) is amended--
(1) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the current application by the Federal Highway
Administration of the Buy America test, that is only applied
to components or parts of a bridge project and not the entire
bridge project, is inconsistent with this sense of
Congress;''.
SEC. 109. TRANSPORTATION IMPROVEMENTS.
The table contained in section 1934(c) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1486) is amended--
(1) in item number 436 by inserting ``, Saole,'' after
``Sua'';
(2) in item number 448 by inserting ``by removing asphalt
and concrete and reinstalling blue cobblestones'' after
``streets'';
(3) by striking item number 451;
(4) in item number 452 by striking ``$2,000,000'' and
inserting ``$3,000,000'';
(5) in item number 12 by striking ``Yukon River'' and
inserting ``Kuskokwim River'';
(6) in item number 18 by striking ``Engineering and
Construction in Merced County'' and inserting ``and safety
improvements/realignment of SR 165 project study report and
environmental studies in Merced and Stanislaus Counties'';
(7) in item number 38 by striking the project description
and inserting ``Relocation of the Newark Train Station'';
(8) in item number 57 by striking the project description
and inserting ``Kingsland bypass from CR 61 to I-95, Camden
County'';
(9) in item number 114 by striking ``IA-32'' and inserting
``SW'' after ``Construct'';
(10) in item number 122 by striking the project description
and inserting ``Design, right-of-way acquisition, and
construction of the SW Arterial and connections to U.S. 20,
Dubuque County'';
(11) in item number 130 by striking the project description
and inserting ``Improvements and rehabilitation to rail and
bridges on the Appanoose County Community Railroad'';
(12) in item number 133 by striking ``IA-32'';
(13) in item number 138 by striking the project description
and inserting ``West Spencer Beltway Project'';
(14) in item number 142 by striking ``MP 9.3, Segment I,
II, and III'' and inserting ``Milepost 24.3'';
(15) in item number 161 by striking ``Bridge replacement on
Johnson Drive and Nall Ave.'' and inserting ``Construction
improvements'';
(16) in item number 182 by striking the project description
and inserting ``Improve U.S. 40, M.D. 715 interchange, and
other roadways in the vicinity of Aberdeen Proving Ground to
support BRAC-related growth'';
(17) in item number 198 by striking the project description
and inserting ``Construct 1 or more grade separated crossings
of I-75 and make associated improvements to improve local and
regional east-west mobility between Mileposts 279 and 282'';
(18) in item number 201 by striking the project description
and inserting ``Alger County, to reconstruct, pave, and
realign a portion of H-58 from 2,600 feet south of Little
Beaver Lake Road to 4,600 feet east of Hurricane River'';
(19) in item number 238 by striking the project description
and inserting ``Develop and construct the St. Mary water
project road and bridge infrastructure, including a new
bridge and approaches across St. Mary River, stabilization
and improvements to United States Route 89, and road/canal
from Siphon Bridge to Spider Lake, on the condition that
$2,500,000 of the amount made available to carry out this
item may be made available to the Bureau of Reclamation for
use for the Swift Current Creek and Boulder Creek bank and
bed stabilization project in the Lower St. Mary Lake
drainage'';
(20) in item number 329 by inserting ``, Tulsa'' after
``technology'';
(21) in item number 358 by striking ``fuel-celled'' and
inserting ``fueled'';
(22) in item number 374 by striking the project description
and inserting ``Construct a 4-lane highway between Maverick
Junction and the Nebraska border'';
(23) in item number 402 by striking ``from 2 to 5 lanes and
improve alignment within rights-of-way in St. George'' and
inserting ``, St. George'';
(24) in item number 309 by striking the project description
and inserting ``Streetscape, roadway, pedestrian, and parking
improvements at the intersection of Meadow Lane, Chestnut
Lane, Willow Drive, and Liberty Avenue for the College of New
Rochelle campus in New Rochelle''; and
(25) in item number 462 by striking the project description
and inserting ``I-75 widening and improvements in Collier and
Lee Counties, Florida''.
SEC. 110. I-95/CONTEE ROAD INTERCHANGE DESIGN.
Section 1961 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1518) is amended--
(1) in the section heading by striking ``study''
and inserting ``design'';
(2) by striking subsections (a), (b), and (c) and inserting
the following:
``(a) Design.--The Secretary shall make available the funds
authorized to be appropriated by this section for the design
of the I-95/Contee Road interchange in Prince George's
County, Maryland.''; and
(3) by redesignating subsection (d) as subsection (b).
SEC. 111. HIGHWAY RESEARCH FUNDING.
(a) F-SHRP Funding.--Notwithstanding any other provision of
law, for each of fiscal years 2008 and 2009, at any time at
which an apportionment is made of the sums authorized to be
appropriated for the surface transportation program, the
congestion mitigation and air quality improvement program,
the National Highway System, the Interstate maintenance
program, the bridge program, or the highway safety
improvement program, the Secretary of Transportation shall--
(1) deduct from each apportionment an amount not to exceed
0.205 percent of the apportionment; and
(2) transfer or otherwise make that amount available to
carry out section 510 of title 23, United States Code.
(b) Conforming Amendments.--
(1) Funding.--Section 5101 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1779) is amended--
(A) in subsection (a)(1) by striking ``509, and 510'' and
inserting ``and 509'';
(B) in subsection (a)(4) by striking ``$69,700,000'' and
all that follows through ``2009'' and inserting ``$40,400,000
for fiscal year 2005, $69,700,000 for fiscal year 2006,
$76,400,000 for each of fiscal years 2007 and 2008, and
$78,900,000 for fiscal year 2009''; and
(C) in subsection (b) by inserting after ``50 percent'' the
following ``or, in the case of funds appropriated by
subsection (a) to carry out section 5201, 5202, or 5203 of
this Act, 80 percent''.
(2) Future strategic highway research program.--Section
5210 of such Act (119 Stat. 1804) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsection (d) as subsection (c).
(c) Contract Authority.--Funds made available under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code, except that the Federal share shall be
determined under section 510(f) of that title.
(d) Applicability of Obligation Limitation.--Funds made
available under this section shall be subject to any
limitation on obligations for Federal-aid highways and
highway safety construction programs under section 1102 the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (23 U.S.C. 104 note; 119 Stat. 1157)
or any other Act.
(e) Equity Bonus Formula.--Notwithstanding any other
provision of law, in allocating funds for the equity bonus
program under section 105 of title 23, United States Code,
for each of fiscal years 2008 and 2009, the Secretary of
Transportation shall make the required calculations under
that section as if this section had not been enacted.
(f) Funding for Research Activities.--Of the amount made
available by section 5101(a)(1) of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (119 Stat. 1779)--
(1) at least $1,000,000 shall be made available for each of
fiscal years 2008 and 2009 to carry out section 502(h) of
title 23, United States Code; and
(2) at least $4,900,000 shall be made available for each of
fiscal years 2008 and 2009 to carry out section 502(i) of
that title.
(g) Technical Amendments.--
(1) Surface transportation research.--Section 502 of title
23, United States Code, is amended by striking the first
subsection (h), relating to infrastructure investment needs
reports beginning with the report for January 31, 1999.
(2) Advanced travel forecasting procedures program.--
Section 5512(a)(2) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1829) is amended by striking ``Program appreciation.--
'' and inserting ``Program application.--''.
(3) University transportation research.--Section 5506 of
title 49, United States Code, is amended--
(A) in subsection (c)(2)(B) by striking ``tier'' and
inserting ``Tier'';
(B) in subsection (i)--
(i) by striking ``In order to'' and inserting the
following:
``(1) In general.--In order to''; and
(ii) by adding at the end the following:
``(2) Special rule.--Nothing in paragraph (1) requires a
nonprofit institution of higher learning designated as a Tier
II university transportation center to maintain total
expenditures as described in paragraph (1) in excess of the
amount of the grant awarded to the institution.''; and
[[Page 6344]]
(C) in subsection (k)(3) by striking ``The Secretary'' and
all that follows through ``to carry out this section'' and
inserting ``For each of fiscal years 2008 and 2009, the
Secretary shall expend not more than 1.5 percent of amounts
made available to carry out this section''.
SEC. 112. RESCISSION.
Section 10212 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (as amended by
section 1302 of the Pension Protection Act of 2006 (Public
Law 109-280)) (119 Stat. 1937; 120 Stat. 780) is amended by
striking ``$8,593,000,000'' each place it appears and
inserting ``$8,708,000,000''.
SEC. 113. TEA-21 TECHNICAL CORRECTIONS.
(a) Surface Transportation Program.--Section 1108(f)(1) of
the Transportation Equity Act for the 21st Century (23 U.S.C.
133 note; 112 Stat. 141) is amended by striking ``2003'' and
inserting ``2009''.
(b) Project Authorizations.--The table contained in section
1602 of such Act (112 Stat. 257) is amended--
(1) in item number 1096 (as amended by section 1703(a)(11)
of the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1454)) by inserting
``, and planning and construction to Heisley Road,'' before
``in Mentor, Ohio'';
(2) in item number 1646 by striking ``and construction''
and inserting ``construction, reconstruction, resurfacing,
restoration, rehabilitation, and repaving''; and
(3) in item number 614 by inserting ``and for NJ Carteret,
NJ Ferry Service Terminal'' after ``east''.
SEC. 114. HIGH PRIORITY CORRIDOR AND INNOVATIVE PROJECT
TECHNICAL CORRECTIONS.
(a) High Priority Corridors.--Section 1105(c) of the
Intermodal Surface Transportation Efficiency Act of 1991 (105
Stat. 2032; 119 Stat. 1212) is amended--
(1) in paragraph (63) by striking ``and United States
Routes 1, 3, 9, 17, and 46,'' and inserting ``United States
Routes 1, 9, and 46, and State Routes 3 and 17,''; and
(2) in paragraph (64)--
(A) by striking ``United States Route 42'' and inserting
``State Route 42''; and
(B) by striking ``Interstate Route 676'' and inserting
``Interstate Routes 76 and 676''.
(b) Innovative Projects.--Item number 89 of the table
contained in section 1107(b) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2052) is
amended in the matter under the column with the heading
``Innovative projects'' by inserting ``and contiguous
counties'' after ``Michigan''.
SEC. 115. DEFINITION OF REPEAT INTOXICATED DRIVER LAW.
Section 164(a)(5) of title 23, United States Code, is
amended by striking subparagraphs (A) and (B) and inserting
the following:
``(A) receive--
``(i) a driver's license suspension for not less than 1
year; or
``(ii) a combination of suspension of all driving
privileges for the first 45 days of the suspension period
followed by a reinstatement of limited driving privileges for
the purpose of getting to and from work, school, or an
alcohol treatment program if an ignition interlock device is
installed on each of the motor vehicles owned or operated, or
both, by the individual;
``(B) be subject to the impoundment or immobilization of,
or the installation of an ignition interlock system on, each
motor vehicle owned or operated, or both, by the
individual;''.
SEC. 116. RESEARCH TECHNICAL CORRECTION.
Section 5506(e)(5)(C) of title 49, United States Code, is
amended by striking ``$2,225,000''and inserting
``$2,250,000''.
SEC. 117. BUY AMERICA WAIVER NOTIFICATION AND ANNUAL REPORTS.
(a) Waiver Notification.--
(1) In general.--If the Secretary of Transportation makes a
finding under section 313(b) of title 23, United States Code,
with respect to a project, the Secretary shall--
(A) publish in the Federal Register, before the date on
which such finding takes effect, a detailed written
justification as to the reasons that such finding is needed;
and
(B) provide notice of such finding and an opportunity for
public comment on such finding for a period of not to exceed
60 days.
(2) Limitation on statutory construction.--Nothing in
paragraph (1) shall be construed to require the effective
date of a finding referred to in paragraph (1) to be delayed
until after the close of the public comment period referred
to in paragraph (1)(B).
(b) Annual Reports.--Not later than February 1 of each year
beginning after the date of enactment of this Act, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate a
report on the projects for which the Secretary made findings
under section 313(b) of title 23, United States Code, during
the preceding calendar year and the justifications for such
findings.
SEC. 118. EFFICIENT USE OF EXISTING HIGHWAY CAPACITY.
(a) Study.--The Secretary of Transportation shall conduct a
study on the impacts of converting left and right highway
safety shoulders to travel lanes.
(b) Contents.--In conducting the study, the Secretary
shall--
(1) analyze instances in which safety shoulders are used
for general purpose vehicle traffic, high occupancy vehicles,
and public transportation vehicles;
(2) analyze instances in which safety shoulders are not
part of the roadway design;
(3) evaluate whether or not conversion of safety shoulders
or the lack of a safety shoulder in the original roadway
design has a significant impact on the number of accidents or
has any other impact on highway safety; and
(4) compile relevant statistics.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study.
SEC. 119. FUTURE INTERSTATE DESIGNATION.
(a) In General.--Subject to subsection (b), the Secretary
of Transportation shall designate, as a future Interstate
Route 69 Spur, the Audubon Parkway and, as a future
Interstate Route 66 Spur, the Natcher Parkway in Owensboro,
Kentucky. Any segment of such routes shall become part of the
Interstate System (as defined in section 101 of title 23,
United States Code) at such time as the Secretary determines
that the segment--
(1) meets the Interstate System design standards approved
by the Secretary under section 109(b) of title 23, United
States Code; and
(2) connects to an existing Interstate System segment.
(b) Signs.--Section 103(c)(4)(B)(iv) of title 23, United
States Code, shall apply to the designations under subsection
(a); except that a State may install signs on the 2 parkways
that are to be designated under subsection (a) indicating the
approximate location of each of the future Interstate System
highways.
(c) Removal of Designation.--The Secretary shall remove
designation of a highway referred to in subsection (a) as a
future Interstate System route if the Secretary, as of the
last day of the 25-year period beginning on the date of
enactment of this Act, has not made the determinations under
paragraphs (1) and (2) of subsection (a) with respect to such
highway.
SEC. 120. PROJECT FLEXIBILITY.
Section 1935(b)(1) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1510) is amended by inserting ``the project numbered
1322 and'' before ``the projects''.
SEC. 121. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided in this Act
(including subsection (b)), this Act and the amendments made
by this Act take effect on the date of enactment of this Act.
(b) Exception.--
(1) In general.--The amendments made by this Act (other
than the amendments made by sections 101(g), 101(m)(1)(H),
103, 105, 109, and 201(o)) to the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1144) shall--
(A) take effect as of the date of enactment of that Act;
and
(B) be treated as being included in that Act as of that
date.
(2) Effect of amendments.--Each provision of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1144)
(including the amendments made by that Act) (as in effect on
the day before the date of enactment of this Act) that is
amended by this Act (other than sections 101(g),
101(m)(1)(H), 103, 105, 109, and 201(o)) shall be treated as
not being enacted.
(c) Conforming Amendment to Highway Trust Fund.--
Subsections (c)(1) and (e)(3) of section 9503 of the Internal
Revenue Code of 1986 are each amended by striking ``Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users'' and inserting ``SAFETEA-LU Technical
Corrections Act of 2008''.
TITLE II--TRANSIT PROVISIONS
SEC. 201. TRANSIT TECHNICAL CORRECTIONS.
(a) Section 5302.--Section 5302(a)(10) of title 49, United
States Code, is amended by striking ``charter,'' and
inserting ``charter, sightseeing,''.
(b) Section 5303.--
(1) Section 5303(f)(3)(C)(ii) of such title is amended by
striking subclause (II) and inserting the following:
``(II) Funding.--For fiscal year 2008 and each fiscal year
thereafter, in addition to other funds made available to the
metropolitan planning organization for the Lake Tahoe region
under this chapter and title 23, prior to any allocation
under section 202 of title 23, and notwithstanding the
allocation provisions of section 202, the Secretary shall set
aside \1/2\ of 1 percent of all funds authorized to be
appropriated for such fiscal year to carry out section 204 of
title 23, and shall make such funds available to the
metropolitan planning organization for the Lake Tahoe region
to carry out the transportation planning process,
environmental reviews, preliminary engineering, and design to
complete environmental documentation for transportation
projects for the Lake Tahoe region under the Tahoe Regional
Planning Compact as consented to in Public Law 96-551 (94
Stat. 3233) and this paragraph.''.
(2) Section 5303(j)(3)(D) of such title is amended--
(A) by inserting ``or the identified phase'' before
``within the time''; and
(B) by inserting ``or the identified phase'' before the
period at the end.
(3) Section 5303(k)(2) of such title is amended by striking
``a metropolitan planning area serving''.
(c) Section 5307.--Section 5307(b) of such title is
amended--
(1) in the heading for paragraph (2) by striking ``2007''
and inserting ``2009'';
(2) in paragraph (2)(A)--
(A) by striking ``2007'' and inserting ``2009''; and
(B) by striking ``mass'' and inserting ``public'';
[[Page 6345]]
(3) by adding at the end of paragraph (2) the following:
``(E) Maximum amounts in fiscal years 2008 and 2009.--In
fiscal years 2008 and 2009--
``(i) amounts made available to any urbanized area under
clause (i) or (ii) of subparagraph (A) shall be not more than
50 percent of the amount apportioned in fiscal year 2002 to
the urbanized area with a population of less than 200,000, as
determined in the 1990 decennial census of population;
``(ii) amounts made available to any urbanized area under
subparagraph (A)(iii) shall be not more than 50 percent of
the amount apportioned to the urbanized area under this
section for fiscal year 2003; and
``(iii) each portion of any area not designated as an
urbanized area, as determined by the 1990 decennial census,
and eligible to receive funds under subparagraph (A)(iv),
shall receive an amount of funds to carry out this section
that is not less than 50 percent of the amount the portion of
the area received under section 5311 in fiscal year 2002.'';
and
(4) in paragraph (3) by striking ``section 5305(a)'' and
inserting ``section 5303(k)''.
(d) Section 5309.--Section 5309 of such title is amended--
(1) in subsection (d)(5)(B) by striking ``regulation.'' and
inserting ``this subsection and shall give comparable, but
not necessarily equal, numerical weight to each project
justification criteria in calculating the overall project
rating.'';
(2) in subsection (e)(6)(B) by striking ``subsection.'' and
inserting ``subsection and shall give comparable, but not
necessarily equal, numerical weight to each project
justification criteria in calculating the overall project
rating.'';
(3) in the heading for paragraph (2)(A) of subsection (m)
by striking ``Major capital'' and inserting ``Capital''; and
(4) in subsection (m)(7)(B) by striking ``section 3039''
and inserting ``section 3045''.
(e) Section 5311.--Section 5311 of such title is amended--
(1) in subsection (g)(1)(A) by striking ``for any purpose
other than operating assistance'' and inserting ``for a
capital project or project administrative expenses'';
(2) in subsections (g)(1)(A) and (g)(1)(B) by striking
``capital'' after ``net''; and
(3) in subsection (i)(1) by striking ``Sections
5323(a)(1)(D) and 5333(b) of this title apply'' and inserting
``Section 5333(b) applies''.
(f) Section 5312.--The heading for section 5312(c) of such
title is amended by striking ``Mass Transportation'' and
inserting ``Public Transportation''.
(g) Section 5314.--Section 5314(a)(3) is amended by
striking ``section 5323(a)(1)(D)'' and inserting ``section
5333(b)''.
(h) Section 5319.--Section 5319 of such title is amended by
striking ``section 5307(k)'' and inserting ``section
5307(d)(1)(K)''.
(i) Section 5320.--Section 5320 of such title is amended--
(1) in subsection (a)(1)(A) by striking ``intra--agency''
and inserting ``intraagency'';
(2) in subsection (b)(5)(A) by striking ``5302(a)(1)(A)''
and inserting ``5302(a)(1)'';
(3) in subsection (d)(1) by inserting ``to administer this
section and'' after ``5338(b)(2)(J)'';
(4) by adding at the end of subsection (d) the following:
``(4) Transfers to land management agencies.--The Secretary
may transfer amounts available under paragraph (1) to the
appropriate Federal land management agency to pay necessary
costs of the agency for such activities described in
paragraph (1) in connection with activities being carried out
under this section.'';
(5) in subsection (k)(3) by striking ``subsection (d)(1)''
and inserting ``subsection (e)(1)'';
(6) by redesignating subsections (a) through (m) as
subsections (b) through (n), respectively; and
(7) by inserting before subsection (b) (as so redesignated)
the following:
``(a) Program Name.--The program authorized by this section
shall be known as the Paul S. Sarbanes Transit in Parks
Program.''.
(j) Section 5323.--Section 5323(n) of such title is amended
by striking ``section 5336(e)(2)'' and inserting ``section
5336(d)(2)''.
(k) Section 5325.--Section 5325(b) of such title is
amended--
(1) in paragraph (1) by inserting before the period at the
end ``adopted before August 10, 2005'';
(2) by striking paragraph (2); and
(3) by redesignating paragraph (3) as paragraph (2).
(l) Section 5336.--
(1) Apportionments of formula grants.--Section 5336 of such
title is amended--
(A) in subsection (a) by striking ``Of the amount'' and all
that follows before paragraph (1) and inserting ``Of the
amount apportioned under subsection (i)(2) to carry out
section 5307--'';
(B) in subsection (d)(1) by striking ``subsections (a) and
(h)(2) of section 5338'' and inserting ``subsections
(a)(1)(C)(vi) and (b)(2)(B) of section 5338''; and
(C) by redesignating subsection (c), as added by section
3034(c) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (119 Stat.
1628), as subsection (k).
(2) Technical amendments.--Section 3034(d)(2) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1629), is amended by striking
``paragraph (2)'' and inserting ``subsection (a)(2)''.
(m) Section 5337.--Section 5337(a) of title 49, United
States Code, is amended by striking ``for each of fiscal
years 1998 through 2003'' and inserting ``for each of fiscal
years 2005 through 2009''.
(n) Section 5338.--Section 5338(d)(1)(B) of such title is
amended by striking ``section 5315(a)(16)'' and inserting
``section 5315(b)(2)(P)''.
(o) SAFETEA-LU.--
(1) Section 3011.--Section 3011(f) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (119 Stat. 1589) is amended by adding to the
end the following:
``(5) Central Florida Commuter Rail Transit Project.''.
(2) Section 3037.--Section 3037(c) of such Act (119 Stat.
1636) is amended--
(A) in paragraph (3) by striking ``Phase II''; and
(B) by striking paragraph (10).
(3) Section 3040.--Section 3040(4) of such Act (119 Stat.
1639) is amended by striking ``$7,871,895,000'' and inserting
``$7,872,893,000''.
(4) Section 3043.--
(A) Portland, oregon.--Section 3043(b)(27) of such Act (119
Stat. 1642) is amended by inserting ``/Milwaukie'' after
``Mall''.
(B) Los angeles.--
(i) Phase 1.--Section 3043(b)(13) of such Act (119 Stat.
1642) is amended to read as follows:
``(13) Los Angeles--Exposition LRT (Phase 1).''.
(ii) Phase 2.--Section 3043(c) of such Act (119 Stat. 1645)
is amended by inserting after paragraph (104) the following:
``(104A) Los Angeles--Exposition LRT (Phase 2).''.
(C) San diego.--Section 3043(c)(105) of such Act (119 Stat.
1645) is amended by striking ``LOSSAN Del Mar-San Diego--Rail
Corridor Improvements'' and inserting ``LOSSAN Rail Corridor
Improvements''.
(D) San diego.--Section 3043(c)(217) of such Act (119 Stat.
1648) is amended by striking ``San Diego'' and inserting
``San Diego Transit''.
(E) Sacramento.--Section 3043(c)(204) of such Act (119
Stat. 647) is amended by striking ``Downtown''.
(F) Boston.--Section 3043(d)(6) of such Act (119 Stat.
1649) is amended to read as follows:
``(6) Boston-Silver Line Phase III, $20,000,000.''.
(G) Project construction grants.--Section 3043(e) of such
Act (119 Stat. 1651) is amended by adding at the end the
following:
``(4) Project construction grants.--Projects recommended by
the Secretary for a project construction grant agreement
under section 5309(e) of title 49, United States Code, or for
funding under section 5309(m)(2)(A)(i) of such title during
fiscal year 2008 and fiscal year 2009 are authorized for
preliminary engineering, final design, and construction for
fiscal years 2007 through 2009 upon the completion of the
notification process for each such project under section
5309(g)(5).''.
(H) Los angeles and san gabriel valley.--Section 3043 of
such Act (119 Stat. 1640) is amended by adding at the end the
following:
``(k) Los Angeles Extension.--In evaluating the local share
of the project authorized by subsection (c)(104A) in the new
starts rating process, the Secretary shall give consideration
to project elements of the project authorized by subsection
(b)(13) advanced with 100 percent non-Federal funds.
``(l) San Gabriel Valley--Gold Line Foothill Extension
Phase II.--In evaluating the local share of the San Gabriel
Valley--Gold Line Foothill Extension Phase II project
authorized by subsection (b)(33) in the new starts rating
process, the Secretary shall give consideration to project
elements of the San Gabriel Valley--Gold Line Foothill
Extension Phase I project advanced with 100 percent non-
Federal funds.''.
(5) Section 3044.--
(A) Projects.--The table contained in section 3044(a) of
such Act (119 Stat. 1652) is amended--
(i) in item 25--
(I) by striking ``$217,360'' and inserting ``$167,360'';
and
(II) by striking ``$225,720'' and inserting ``$175,720'';
(ii) in item number 36 by striking the project description
and inserting ``Los Angeles County Metropolitan
Transportation Authority (LACMTA) for bus and bus-related
facilities in the LACMTA's service area'';
(iii) in item number 71 by inserting ``Metropolitan Bus
Authority'' after ``Puerto Rico'';
(iv) in item number 84 by striking the project description
and inserting ``Improvements to the existing Sacramento
Intermodal Facility (Sacramento Valley Station)'';
(v) in item number 94 by striking the project description
and inserting ``Pacific Transit, WA Vehicle Replacement'';
(vi) in item number 120 by striking ``Dayton Airport
Intermodal Rail Feasibility Study'' and inserting ``Greater
Dayton Regional Transit Authority buses and bus facilities'';
(vii) in item number 152 by inserting ``Metropolitan Bus
Authority'' after ``Puerto Rico'';
(viii) in item number 416 by striking ``Improve marine
intermodal'' and inserting ``Improve marine dry-dock and'';
(ix) in item number 457--
(I) by striking ``$65,000'' and inserting ``$0''; and
(II) by striking ``$67,500'' and inserting ``$0''; and
(x) in item number 458--
(I) by striking ``$65,000'' and inserting ``$130,000'';
(II) by striking ``$67,500'' and inserting ``$135,000'';
and
(xi) in item number 57 by striking the project description
and inserting ``Wilmington, NC, maintenance and operations
facilities and administration and transfer facilities'';
[[Page 6346]]
(xii) in item number 460 by striking the matters in the
project description, FY08 column, and FY09 column and
inserting ``460. Mid-Region Council of Governments, New
Mexico, public transportation buses, bus-related equipment
and facilities, and intermodal terminals in Albuquerque and
Santa Fe'', ``$500,000'', and ``$500,000'', respectively.
(xiii) in item number 138 by striking ``Design'' and
inserting ``Determine scope, engineering, design,'';
(xiv) in item number 23 by striking ``Construct'' and
inserting ``Design, engineering, right-of-way acquisition,
and construction'';
(xv) in item number 439 by inserting before ``Central'' the
following: ``Design, engineering, right-of-way acquisition,
and construction'';
(xvi) in item number 453 by inserting before ``Central''
the following: ``Design, engineering, right-of-way
acquisition, and construction'';
(xvii) in item number 371 by striking the project
description and inserting ``Regional Transportation
Commission of Southern Nevada, Sunset Bus Maintenance
Facility'';
(xviii) in item number 487 by striking ``Central Arkansas
Transit Authority Facility Upgrades'' and inserting ``Central
Arkansas Transit Authority Bus Acquisition'';
(xix) in item number 491 by striking the project
description and inserting ``Pace, IL, Cermak Road, Bus Rapid
Transit, and related bus projects, and alternatives
analysis'';
(xx) in item number 512 by striking ``Corning, NY, Phase II
Corning Preserve Transportation Enhancement Project'' and
inserting ``Transportation Center Enhancements, Corning,
NY'';
(xxi) in item number 534 by striking ``Community Buses''
and inserting ``Bus and Bus Facilities'';
(xxii) in item number 570 by striking ``Maine Department of
Transportation-Acadia Intermodal Facility'' and inserting
``MaineDOT Acadia Intermodal Passenger and Maintenance
Facility'';
(xxiii) in item number 80 by striking the project
description and amounts and inserting ``Flagler County,
Florida-buses and bus facility'', ``$57,684'', ``$60,192'',
``$65,208'', and ``$67,716'' respectively;
(xxiv) in item number 135 by striking the project
description and inserting ``Pace Suburban Bus, IL-Purchase
Vehicles'';
(xxv) in item number 276 by striking the project
description and amounts and inserting ``Long Beach Transit,
Long Beach, California, for the purchase of transit vehicles
and enhancement of para-transit and senior transportation
services'', ``$128,180'', ``$133,760'', ``$144,906'', and
``$150,480'', respectively; and
(xxvi) by adding at the end--
(I)(aa) in the project description column ``666. New York
City, NY, rehabilitation of subway stations to include
passenger access improvements including escalators or
installation of infrastructure for security and surveillance
purposes''; and
(bb) in the FY08 column and the FY09 column ``$50,000'';
(II)(aa) in the project description column ``667. St. Johns
County Council on Aging buses and bus facilities, Florida'';
and
(bb) in the FY06, FY07, FY08, and FY09 columns ``$57,684'',
``$60,192'', ``$65,208'', and ``$67,716'', respectively;
(III)(aa) in the project description column ``668. The City
of Compton, California, for the replacement of buses and
paratransit vehicles''; and
(bb) in the FY06, FY07, FY08, and FY09 columns
``$128,180'', ``$133,760'', ``$144,906'', and ``$150,480'',
respectively; and
(IV)(aa) in the project description column ``669. City of
Los Angeles, California, for the purchase of transit vehicles
in Watts and enhancement of paratransit and senior
transportation services''; and
(bb) in the FY06, FY07, FY08, and FY09 columns
``$128,200'', ``$133,760'', ``$144,908'', and ``$150,480'',
respectively.
(B) Special rule.--Section 3044(c) of such Act (119 Stat.
1705) is amended--
(i) by inserting ``, or other entity,'' after ``State or
local governmental authority''; and
(ii) by striking ``projects numbered 258 and 347'' and
inserting ``projects numbered 258, 347, and 411''; and
(iii) by striking the period at the end and inserting: ``,
and funds made available for fiscal year 2006 for the bus and
bus-related facilities projects numbered 176 and 652 under
subsection (a) shall remain available until September 30,
2009.''.
(6) Section 3046.--Section 3046(a)(7) of such Act (119
Stat. 1708) is amended--
(A) by striking ``hydrogen fuel cell vehicles'' and
inserting ``hydrogen fueled vehicles'';
(B) by striking ``hydrogen fuel cell employee shuttle
vans'' and inserting ``hydrogen fueled employee shuttle
vans''; and
(C) by striking ``in Allentown, Pennsylvania'' and
inserting ``to the DaVinci Center in Allentown,
Pennsylvania''.
(7) Section 3050.--Section 3050(b) of such Act (119 Stat.
1713) is amended by inserting ``by negotiating the extension
of the existing agreement between mile post 191.13 and mile
post 185.1 to mile post 165.9 in Rhode Island'' before the
period at the end.
(p) Transit Tunnels.--In carrying out section 5309(d)(3)(D)
of title 49, United States Code, the Secretary of
Transportation shall specifically analyze, evaluate, and
consider--
(1) the congestion relief, improved mobility, and other
benefits of transit tunnels in those projects which include a
transit tunnel; and
(2) the associated ancillary and mitigation costs necessary
to relieve congestion, improve mobility, and decrease air and
noise pollution in those projects which do not include a
transit tunnel, but where a transit tunnel was one of the
alternatives analyzed.
(q) Knoxville, Tennessee, Property Acquisition.--The
acquisition of property for the city of Knoxville, Tennessee,
for the Knoxville, Tennessee, Central Station project shall
be deemed to qualify as an acquisition of land for protective
purposes pursuant to section 622.101 of title 49, Code of
Federal Regulations, as in effect on the date of enactment of
this Act. The Secretary of Transportation may allow the costs
of such acquisition to be credited toward the non-Federal
share for the project.
(r) California Transit Services.--The Secretary of
Transportation shall use not more than $3,000,000 of the
funds made available for use at the discretion of the
Secretary for fiscal year 2007 for Federal Transit
Administration Discretionary Programs, Bus and Bus Facilities
to reimburse the California State department of
transportation for actual and necessary costs of maintenance
and operation, less the amount of fares earned, for
additional public transportation services that were provided
by the department of transportation as a temporary substitute
for highway traffic service following the freeway collapse at
the interchange connecting Interstate Routes 80, 580, and 880
near the San Francisco-Oakland Bay Bridge, on April 29, 2007,
until the reopening of that facility on June 29, 2007. The
Federal share of the cost of activities reimbursed under this
subsection shall be 100 percent.
TITLE III--OTHER SURFACE TRANSPORTATION PROVISIONS
SEC. 301. TECHNICAL AMENDMENTS RELATING TO MOTOR CARRIER
SAFETY.
(a) Conforming Amendment Relating to High-Priority
Activities.--Section 31104(f) of title 49, United States
Code, is amended by striking the designation and heading for
paragraph (1) and by striking paragraph (2).
(b) New Entrant Audits.--
(1) Corrections of references.--Section 4107(b) of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1720) is amended--
(A) by striking ``Section 31104'' and inserting ``Section
31144''; and
(B) in paragraph (1) by inserting ``(c)'' after ``the
second subsection''.
(2) Conforming amendment.--Section 7112 of such Act (119
Stat. 1899) is amended by striking subsection (c).
(c) Prohibited Transportation.--Section 4114(c)(1) of the
such Act (119 Stat. 1726) is amended by striking ``the second
subsection (c)'' and inserting ``(f)''.
(d) Effective Date Relating to Medical Examiners.--Section
4116(f) of such Act (119 Stat. 1728) is amended by striking
``amendment made by subsection (a)'' and inserting
``amendments made by subsections (a) and (b)''.
(e) Roadability Technical Correction.--Section
31151(a)(3)(E)(ii) of title 49, United States Code, is
amended by striking ``Act'' and inserting ``section''.
(f) Correction of Subsection Reference.--Section 4121 of
the Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (119 Stat. 1734) is amended by
striking ``31139(f)(5)'' and inserting ``31139(g)(5)''.
(g) CDL Learner's Permit Program Technical Correction.--
Section 4122(2)(A) of such Act (119 Stat. 1734) is amended by
striking ``license'' and inserting ``licenses''.
(h) CDL Information System Funding Reference.--Section
31309(f) of title 49, United States Code, is amended by
striking ``31318'' and inserting ``31313''.
(i) Clarification of Reference.--Section 229(a)(1) of the
Federal Motor Carrier Safety Improvement Act of 1999 (49
U.S.C. 31136 note; 119 Stat. 1743) is amended by inserting
``of title 49, United States Code,'' after ``31502''.
(j) Redesignation of Section.--The second section 39 of
chapter 2 of title 18, United States Code, relating to
commercial motor vehicles required to stop for inspections,
and the item relating to such section in the analysis for
such chapter, are redesignated as section 40.
(k) Office of Intermodalism.--Section 5503 of title 49,
United States Code, is amended--
(1) in subsection (f)(2) by striking ``Surface
Transportation Safety Improvement Act of 2005'', and
inserting ``Motor Carrier Safety Reauthorization Act of
2005''; and
(2) by redesignating the first subsection (h), relating to
authorization of appropriations, as subsection (i) and moving
it after the second subsection (h).
(l) Use of Fees for Unified Carrier Registration System.--
Section 13908 of title 49, United States Code, is amended by
redesignating subsection (e) as subsection (f) and inserting
after subsection (d) the following:
``(e) Use of Fees for Unified Carrier Registration
System.--Fees collected under this section may be credited to
the Department of Transportation appropriations account for
purposes for which such fees are collected and shall be
available for expenditure for such purposes until
expended.''.
(m) Commercial Motor Vehicle Definition.--Section
14504a(a)(1)(B) of title 49, United States Code, is amended
by striking ``a motor carrier required to make any filing or
pay any fee to a State with respect to the motor carrier's
authority or insurance related to operation within such
State, the motor carrier'' and inserting ``determining the
size of a motor carrier or motor private carrier's fleet in
calculating the fee to be paid by a motor carrier or motor
private carrier pursuant to subsection (f)(1), the motor
carrier or motor private carrier''.
[[Page 6347]]
(n) Clarification of Unreasonable Burden.--Section
14504a(c)(2) of title 49, United States Code, is amended by
striking ``interstate'' the last place it appears and
inserting ``intrastate''.
(o) Contents of Agreement Typo.--Section
14504a(f)(1)(A)(ii) of title 49, United States Code, is
amended by striking ``or'' the last place it appears.
(p) Other Unified Carrier Registration System Technical
Corrections.--Section 14504a of title 49, United States Code,
is amended--
(1) in subsection (c)(1)(B) by striking ``the a'' and
inserting ``a'';
(2) in subsection (f)(1)(A)(i) by striking ``in connection
with the filing of proof of financial responsibility''; and
(3) in subsection (f)(1)(A)(ii) by striking ``in connection
with such a filing'' and inserting ``under the UCR
agreement''.
(q) Identification of Vehicles.--Section 14506(b)(2) of
title 49, United States Code, is amended by inserting before
the semicolon at the end the following: ``or under an
applicable State law if, on October 1, 2006, the State has a
form of highway use taxation not subject to collection
through the International Fuel Tax Agreement''.
(r) Driveaway Saddlemount Vehicle.--
(1) Definition.--Section 31111(a)(4) of title 49, United
States Code, is amended--
(A) in the paragraph heading by striking ``Drive-away
saddlemount with fullmount'' and inserting ``Driveaway
saddlemount'';
(B) by striking ``drive-away saddlemount with fullmount''
and inserting ``driveaway saddlemount''; and
(C) by inserting ``Such combination may include one
fullmount.'' after the period at the end.
(2) In general.--Section 31111(b)(1)(D) of such title is
amended by striking ``a driveaway saddlemount with
fullmount'' and inserting ``all driveaway saddlemount''.
SEC. 302. TECHNICAL AMENDMENTS RELATING TO HAZARDOUS
MATERIALS TRANSPORTATION.
(a) Definition of Hazmat Employees.--Section 7102(2) of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1892) is amended--
(1) by striking ``(3)(A)'' and inserting ``(3)'';
(2) in subparagraph (A) by striking ``clause (i)'' and
inserting ``clause (i) of subparagraph (A)''; and
(3) in subparagraph (B) by striking ``clause (ii)'' and
inserting ``subparagraph (A)(ii)''.
(b) Technical Correction.--Section 5103a(g)(1)(B)(ii) of
title 49, United States Code, is amended by striking ``Act''
and inserting ``subsection''.
(c) Preemption Correction.--Section 5125 of title 49,
United States Code, is amended--
(1) in subsection (d)(1) by striking ``5119(e)'' and
inserting ``5119(f)'';
(2) in each of subsections (e) and (g) by striking
``5119(b)'' and inserting ``5119(f)''; and
(3) in subsection (g) by striking ``(b), (c)(1), or (d)''
and inserting ``(a), (b)(1), or (c)''.
(d) Relationship to Other Laws.--Section 7124(3) of the
Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users (119 Stat. 1908) is amended by
inserting ``the first place it appears'' before ``and
inserting''.
(e) Report.--Section 5121(h) of title 49, United States
Code, is amended--
(1) in paragraph (2) by striking ``exemptions'' and
inserting ``special permits''; and
(2) in paragraph (3) by striking ``exemption'' and
inserting ``special permit''.
(f) Section Heading.--Section 5128 of title 49, United
States Code, is amended by striking the section designation
and heading and inserting the following:
``Sec. 5128. Authorization of appropriations''.
(g) Chapter Analysis.--The analysis for chapter 57 of title
49, United States Code, is amended in the item relating to
section 5701 by striking ``Transportation'' and inserting
``transportation''.
(h) Norman Y. Mineta Research and Special Programs
Improvement Act.--Section 5(b) of the Norman Y. Mineta
Research and Special Programs Improvement Act (49 U.S.C. 108
note; 118 Stat. 2427) is amended by inserting ``(including
delegations by the Secretary of Transportation)'' after ``All
orders''.
(i) Shipping Papers.--Section 5110(d)(1) of title 49,
United States Code, is amended--
(1) in the subsection heading by striking ``Shippers'' and
inserting ``Offerors''; and
(2) by striking ``shipper's'' and inserting ``offeror's''.
(j) NTSB Recommendations.--Section 19(1) of the Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006
(49 U.S.C. 60102 note; 120 Stat. 3498) is amended by striking
``165'' and inserting ``1165''.
SEC. 303. HIGHWAY SAFETY.
(a) State Minimum Apportionments for Highway Safety
Programs.--Effective October 1, 2007, section 402(c) of the
title 23, United States Code, is amended by striking ``The
annual apportionment to each State shall not be less than
one-half of 1 per centum'' and inserting ``The annual
apportionment to each State shall not be less than three-
quarters of 1 percent''.
(b) Consolidation of Grant Applications.--Section 402(m) of
title 23, United States Code, is amended in the first
sentence--
(1) by striking ``through'' and inserting ``for which'';
and
(2) by inserting ``is appropriate'' before the period at
the end.
(c) Technical Corrections.--
(1) Section 2002(b) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1521) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3) and (4) as (2) and (3),
respectively.
(2) Section 2007(b)(1) of such Act (119 Stat. 1529) is
amended--
(A) by inserting ``and'' after the semicolon at the end of
subparagraph (A);
(B) by striking ``and'' at the end of subparagraph (B); and
(C) by striking subparagraph (C).
(3) Effective August 10, 2005, section 410(c)(7)(B) of
title 23, United States Code, is amended by striking ``clause
(i)'' and inserting ``clauses (i) and (ii)''.
(4) Section 411 of title 23, United States Code, is amended
by redesignating the second subsection (c), relating to
administration expenses, and subsection (d) as subsections
(d) and (e), respectively.
SEC. 304. CORRECTION OF STUDY REQUIREMENT REGARDING ON-SCENE
MOTOR VEHICLE COLLISION CAUSATION.
Section 2003(c)(1) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users
(Public Law 109-59; 119 Stat. 1522) is amended in the second
sentence by striking ``shall'' and inserting ``may''.
SEC. 305. MOTOR CARRIER TRANSPORTATION REGISTRATION.
(a) General Requirements.--Section 31138 of title 49,
United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Requirement.--
``(1) Transportation of passengers for compensation.--The
Secretary of Transportation shall prescribe regulations to
require minimum levels of financial responsibility sufficient
to satisfy liability amounts established by the Secretary
covering public liability and property damage for the
transportation of passengers for compensation by motor
vehicle in the United States between a place in a State and--
``(A) a place in another State;
``(B) another place in the same State through a place
outside of that State; or
``(C) a place outside the United States.
``(2) Transportation of passengers not for compensation.--
The Secretary may prescribe regulations to require minimum
levels of financial responsibility sufficient to satisfy
liability amounts established by the Secretary covering
public liability and property damage for the transportation
of passengers for commercial purposes, but not for
compensation, by motor vehicle in the United States between a
place in a State and--
``(A) a place in another State;
``(B) another place in the same State through a place
outside of that State; or
``(C) a place outside the United States.''; and
(2) by striking ``commercial'' each place it appears in
subsection (c)(4).
(b) Transportation of Property.--Section 31139 of such
title is amended--
(1) by striking ``commercial motor vehicle'' in subsection
(b)(1) and inserting ``motor carrier or motor private carrier
(as such terms are defined in section 13102 of this title)'';
and
(2) by striking ``commercial'' in subsection (c).
(c) Definitions Relating to Motor Carriers.--Paragraphs
(6)(B), (7)(B), (14), and (15) of section 13102 of such title
are each amended by striking ``commercial motor vehicle (as
defined in section 31132)'' and inserting ``motor vehicle''.
(d) Freight Forwarders.--Section 13903(a) of such title is
amended to read as follows:
``(a) In General.--The Secretary shall register a person to
provide service subject to jurisdiction under subchapter III
of chapter 135 as a freight forwarder if the Secretary finds
that the person is fit, willing, and able to provide the
service and to comply with this part and applicable
regulations of the Secretary and the Board.''.
(e) Brokers.--Section 13904(a) of such title is amended to
read as follows:
``(a) In General.--The Secretary shall register, subject to
section 13906(b), a person to be a broker for transportation
of property subject to jurisdiction under subchapter I of
chapter 135, if the Secretary finds that the person is fit,
willing, and able to be a broker for transportation and to
comply with this part and applicable regulations of the
Secretary.''.
SEC. 306. APPLICABILITY OF FAIR LABOR STANDARDS ACT
REQUIREMENTS AND LIMITATION ON LIABILITY.
(a) Applicability Following This Act.--Beginning on the
date of enactment of this Act, section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall apply to a
covered employee notwithstanding section 13(b)(1) of that Act
(29 U.S.C. 213(b)(1)).
(b) Liability Limitation Following SAFETEA-LU.--
(1) Limitation on liability.--An employer shall not be
liable for a violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) with respect to a
covered employee if--
(A) the violation occurred in the 1-year period beginning
on August 10, 2005; and
(B) as of the date of the violation, the employer did not
have actual knowledge that the employer was subject to the
requirements of such section with respect to the covered
employee.
(2) Actions to recover amounts previously paid.--Nothing in
paragraph (1) shall be construed to establish a cause of
action for an employer to recover amounts paid before the
date
[[Page 6348]]
of enactment of this Act in settlement of, in compromise of,
or pursuant to a judgment rendered regarding a claim or
potential claim based on an alleged or proven violation of
section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C.
207) occurring in the 1-year period referred to in paragraph
(1)(A) with respect to a covered employee.
(c) Covered Employee Defined.--In this section, the term
``covered employee'' means an individual--
(1) who is employed by a motor carrier or motor private
carrier (as such terms are defined by section 13102 of title
49, United States Code, as amended by section 305);
(2) whose work, in whole or in part, is defined--
(A) as that of a driver, driver's helper, loader, or
mechanic; and
(B) as affecting the safety of operation of motor vehicles
weighing 10,000 pounds or less in transportation on public
highways in interstate or foreign commerce, except vehicles--
(i) designed or used to transport more than 8 passengers
(including the driver) for compensation;
(ii) designed or used to transport more than 15 passengers
(including the driver) and not used to transport passengers
for compensation; or
(iii) used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of title
49, United States Code, and transported in a quantity
requiring placarding under regulations prescribed by the
Secretary under section 5103 of title 49, United States Code;
and
(3) who performs duties on motor vehicles weighing 10,000
pounds or less.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. CONVEYANCE OF GSA FLEET MANAGEMENT CENTER TO ALASKA
RAILROAD CORPORATION.
(a) In General.--Subject to the requirements of this
section, the Administrator of General Services shall convey,
not later than 2 years after the date of enactment of this
Act, by quitclaim deed, to the Alaska Railroad Corporation,
an entity of the State of Alaska (in this section referred to
as the ``Corporation''), all right, title, and interest of
the United States in and to the parcel of real property
described in subsection (b), known as the GSA Fleet
Management Center.
(b) GSA Fleet Management Center.--The parcel to be conveyed
under subsection (a) is the parcel located at the
intersection of 2nd Avenue and Christensen Avenue in
Anchorage, Alaska, consisting of approximately 78,000 square
feet of land and the improvements thereon.
(c) Consideration.--
(1) In general.--As consideration for the parcel to be
conveyed under subsection (a), the Administrator shall
require the Corporation to--
(A) convey replacement property in accordance with
paragraph (2); or
(B) pay the purchase price for the parcel in accordance
with paragraph (3).
(2) Replacement property.--If the Administrator requires
the Corporation to provide consideration under paragraph
(1)(A), the Corporation shall--
(A) convey, and pay the cost of conveying, to the United
States, acting by and through the Administrator, fee simple
title to real property, including a building, that the
Administrator determines to be suitable as a replacement
facility for the parcel to be conveyed under subsection (a);
and
(B) provide such other consideration as the Administrator
and the Corporation may agree, including payment of the costs
of relocating the occupants vacating the parcel to be
conveyed under subsection (a).
(3) Purchase price.--If the Administrator requires the
Corporation to provide consideration under paragraph (1)(B),
the Corporation shall pay to the Administrator the fair
market value of the parcel to be conveyed under subsection
(a) based on its highest and best use as determined by an
independent appraisal commissioned by the Administrator and
paid for by the Corporation.
(d) Appraisal.--In the case of an appraisal under
subsection (c)(3)--
(1) the appraisal shall be performed by an appraiser
mutually acceptable to the Administrator and the Corporation;
and
(2) the assumptions, scope of work, and other terms and
conditions related to the appraisal assignment shall be
mutually acceptable to the Administrator and the Corporation.
(e) Proceeds.--
(1) Deposit.--Any proceeds received under subsection (c)
shall be paid into the Federal Buildings Fund established
under section 592 of title 40, United States Code.
(2) Expenditure.--Funds paid into the Federal Buildings
Fund under paragraph (1) shall be available to the
Administrator, in amounts specified in appropriations Acts,
for expenditure for any lawful purpose consistent with
existing authorities granted to the Administrator; except
that the Administrator shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate 30 days advance written notice of any
expenditure of the proceeds.
(f) Additional Terms and Conditions.--The Administrator may
require such additional terms and conditions to the
conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United
States.
(g) Description of Property and Survey.--The exact acreage
and legal description of the parcels to be conveyed under
subsections (a) and (c)(2) shall be determined by surveys
satisfactory to the Administrator and the Corporation.
SEC. 402. CONVEYANCE OF RETAINED INTEREST IN ST. JOSEPH
MEMORIAL HALL.
(a) In General.--Subject to the terms and conditions of
subsection (c), the Administrator of General Services shall
convey to the city of St. Joseph, Michigan, by quitclaim
deed, any interest retained by the United States in St.
Joseph Memorial Hall.
(b) St. Joseph Memorial Hall Defined.--In this section, the
term ``St. Joseph Memorial Hall'' means the property subject
to a conveyance from the Secretary of Commerce to the city of
St. Joseph, Michigan, by quitclaim deed dated May 9, 1936,
recorded in Liber 310, at page 404, in the Register of Deeds
for Berrien County, Michigan.
(c) Terms and Conditions.--The conveyance under subsection
(a) shall be subject to the following terms and conditions:
(1) Consideration.--As consideration for the conveyance
under subsection (a), the city of St. Joseph, Michigan, shall
pay $10,000 to the United States.
(2) Additional terms and conditions.--The Administrator may
require such additional terms and conditions for the
conveyance under subsection (a) as the Administrator
considers appropriate to protect the interests of the United
States.
TITLE V--OTHER PROVISIONS
SEC. 501. DE SOTO COUNTY, MISSISSIPPI.
Section 219(f)(30) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 114
Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257) is amended by
striking ``$55,000,000'' and inserting ``$75,000,000''.
SEC. 502. DEPARTMENT OF JUSTICE REVIEW.
Consistent with applicable standards and procedures, the
Department of Justice shall review allegations of impropriety
regarding item 462 in section 1934(c) of Public Law 109-59 to
ascertain if a violation of Federal criminal law has
occurred.
Mrs. BOXER. Madam President, I move to reconsider the vote and to lay
that motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from California is recognized.
Mrs. BOXER. Madam President, this is a good day for the Senate. It
took us a while to get here. I will thank staff in a moment--floor
staff as well, and Senator Reid's staff, Senator Inhofe's staff, and my
own staff.
Before that, I have two unanimous-consent requests to make.
The PRESIDING OFFICER. The Senator will state the requests.
Unanimous-Consent Request--H.R. 2828
Mrs. BOXER. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 403, H.R. 2828,
the Foreign Service Victims of Terrorism Act, which will provide
compensation to relatives of U.S. citizens killed as a result of the
bombing of United States Embassies in East Africa on August 7, 1998;
that the bill be read the third time, and passed; and that the motion
to reconsider be laid upon the table, with no intervening action or
debate.
The PRESIDING OFFICER. Is there objection?
Mr. DeMINT. I object.
The PRESIDING OFFICER. Objection is heard.
Unanimous-Consent Request--H.R. 1595
Mrs. BOXER. Madam President, I ask unanimous consent that the
Judiciary Committee be discharged from further consideration of H.R.
1595, the Guam World War II Loyalty Recognition Act; that the bill be
read the third time, and passed; and that the motion to reconsider be
laid upon the table, with no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. DeMINT. I object.
The PRESIDING OFFICER. Objection is heard.
Mrs. BOXER. Madam President, we just heard objection, but we didn't
get objection, finally, to the technical corrections bill. We are happy
about that. You and I serve together on the Environment and Public
Works Committee. We know our work is important because we know that no
country can be great if it doesn't have an infrastructure that is up to
par. The occupant of the chair knows more than most what it means when
a bridge collapses. We know what that means. So what we are doing here
is a matter of life and death, quite often.
This technical corrections bill will make it possible to continue
work on over 500 projects that were stymied for various reasons. It is
going to put a billion dollars into our economy, and it
[[Page 6349]]
will provide tens of thousands of jobs. Senator Inhofe and I are very
grateful that--even though this was not an easy week and this bill took
so many twists and turns and we had to work our way through many
issues--we have arrived at the point where it passed.
Let me say how much I enjoyed working with my staff and the staff of
Senator Inhofe. I am going to read the names of those who deserve to be
recognized and thanked. From my staff are Bettina Porier, Kathy
Dedrick, Tyler Rushforth, Jeff Rosato, Erik Olsen, Paul Ordal, and the
rest of my staff. We do work as a team.
I thank Senator Inhofe's staff, and I am sure there are more to be
thanked, but the ones I worked with closely are, of course, Andy
Wheeler, chief over there, Ruth Van Mark, James O'Keeffe, and Alex
Herrgott. We are so grateful to you for being close to us, staying
close to us, letting us know when there were problems. We appreciate
that.
I say to the majority leader, Senator Reid, how much I appreciated
his interest in this bill. He really helped us. Bob Herbert, of his
staff, Ron Wynch, and Mike Castellano--we had technical issues and
legal issues and they were there.
If I am leaving anyone out, please know it is not my intention. So
many others helped us.
Mr. CARPER. Will the Senator yield for a moment?
Mrs. BOXER. Yes.
Mr. CARPER. The Senator is leaving herself out and Senator Inhofe. On
behalf of all of us who have been anxious for this day--to see this
technical corrections bill put together and have the result we have
had, I thank the Senator for dealing with the competing forces and
getting the job done. Someone said it was ugly, but it is beautiful in
the end. It is going to be good for the folks in all of our States. We
worked together in a bipartisan way, and I am grateful for that.
Mrs. BOXER. I thank the Senator. Senator Carper, from Delaware, is
one of the senior members on the committee, whom we love working with.
He is part of our team. We have a great committee. It is why I like to
be a legislator.
I want to say, in closing, to floor staff, all of you here, thank you
for your patience. You have to answer questions. The pages have to be
available to us. You all let us know what is going on and whether we
are doing it right or wrong. Of course, in particular, I thank Lula,
Tim, and Dave. Without the three of you, we could not have gotten this
done.
Yes, sometimes when you get to this point, it is a little like making
sausage--that is what they say about how a bill becomes a law; it is
not a pretty thing. But we got it done. The most important thing is all
of the people who helped us from the outside groups--I thank them--such
as the construction industry, the construction workers, the transit
district operators, the sand and gravel people. You know who you are.
You made the point that we should not bog this bill down, that we
should get it going.
I am delighted we had a victory here with the Water Resources
Development Act. We are pleased. Up and coming, we are going to have a
markup in a couple of weeks, and then we will get to global warming. I
don't know how that will end, but I know it is going to be very
exciting. We hope everybody will participate in that debate.
Is the Senator from Virginia going to speak?
I will yield the floor.
The PRESIDING OFFICER. The Senator from Virginia is recognized.
(The remarks of Mr. Warner are printed in today's Record under
``Morning Business''.)
Mr. WARNER. Madam 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. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Tester). Without objection, it is so
ordered.
____________________
REPUBLICAN FILIBUSTERS
Mr. DURBIN. Mr. President, today the Senate had a historic moment. We
passed a bill that has been long awaited across America--one that was
read about and heard about. It finally passed this afternoon. It was a
bill called the technical corrections bill.
It was a bill that changed and corrected the punctuation and
references in a highway bill we enacted several years ago. It was not
that historic. In fact, it is fairly routine. You see, after you pass a
bill that affects the whole United States and billions of dollars,
sometimes, on reflection, you find some of the facts were wrong, some
of the words were wrong; and you have to clean it up. And so a
technical corrections bill is very common around here. It happens to
correct mistakes, to make sure things are done well and done
accurately. It is the kind of bill that historically would pass without
any debate whatsoever. Many times it would pass by a voice vote late at
night when no one is here because there is so little controversy
attached to it.
So despite what I said at the outset, it is not that historic. But
what made this process historic, and we are researching this, but we
believe for the first time in the history of the Senate, the
Republicans initiated not one but two filibusters on our effort to pass
this technical corrections bill.
We brought this bill to the floor a week ago today, asked that it
pass, and then faced a filibuster from the Republicans. That filibuster
was broken on Monday, with a 93-to-1 vote, and then a second filibuster
had to be initiated by the Republicans before we could finally pass the
bill today.
For those following this from the outside, I am afraid I might have
lost some of them. But what it boiled down to was that the Republican
minority was determined that we would burn 1 week of Senate activity on
a bill that should have taken 5 minutes. They were determined that we
would have a succession of rollcall votes on a bill which by and large
had no controversy. There was one little issue that could have been
resolved quickly, perhaps in an hour, in a good-faith debate with a
vote. They stretched it out for a week.
Why are we in this stall? Why do the Republicans want to slow us
down? It is part of a strategy. Republican filibusters this Congress,
as of today, went up to 66; 66 Republican filibusters this Congress and
still counting. Is that a lot? Historically, the Senate has never had
more than 57 filibusters in any 2-year period. We have had 66 in a
matter of a year and 3 or 4 months. So they are about to break all
records with filibusters in an attempt to slow down the Senate. They
can't even come to a bipartisan agreement on a technical corrections
bill. The Republicans insist on these filibuster rollcalls on a
technical corrections bill. Why?
First, they want to slow the Senate down as much as possible so we
don't act on issues that really count. They don't want us to take up an
energy bill to talk about energy tax credits so that we can expand
renewable sources of energy. They don't want us to take up a bill to
deal with children's health insurance, a bill vetoed twice by President
Bush, which would provide health care protection for many children not
poor enough to qualify for Medicaid, not fortunate enough to have
parents with health insurance. They don't want us to take up important
legislation dealing with the state of our economy, legislation to
extend unemployment benefits to the millions of Americans who are out
of work. Those numbers are reaching modern records. We know many of
these families are struggling to find a job. We want to extend benefits
so these people can feed their families while they are looking for
work. Republicans don't want us to take up that legislation. So they
keep throwing filibusters in our path, slowing down the Senate, making
sure the Senate never gets to the issues that are critically important.
Whether it is funding our schools or paying for health care, taking
care of unemployed workers, providing money for medical research,
trying to bring down the high cost of gasoline, the high cost of health
care and college, they continue to throw filibusters in our path.
[[Page 6350]]
GOP is shorthand for the Republican Party. It technically used to
stand for Grand Old Party. The Republicans in the Senate have created a
new GOP. They want the Senate to be a ``Graveyard of Progress.'' They
don't want us to take up this legislation. They don't want us to take
up these issues. They don't want to see any change. They don't want to
see any progress. That is why their message at this point is so empty.
All they can do is say no, no to the issues that really count with
American families.
Eventually the American people will speak, in November, in an
election. They will decide whether this Republican approach of
filibusters and stopping progress and stopping change is what they want
to see or whether they want to bring to the Senate new people who can
start moving this country forward. Eventually the American people have
the last word. I am sorry we have virtually wasted a week and the time
of this great institution with more Republican filibusters. But it is
their strategy; it is their plan. It is the way they address the
serious issues facing America.
____________________
WORLD FOOD CRISIS
Mr. DURBIN. Mr. President, I fear we are on the brink of a major
humanitarian crisis around the world. Food prices are rising beyond the
reach of people in countries as disparate and far apart as Haiti,
Egypt, and Thailand. Food prices and their increase have led to
demonstrations, sometimes even violent demonstrations in many parts of
the world, creating real threats to the stability of those countries.
As many as 33 countries face a growing risk of hunger and social unrest
that is caused when people are hungry and frightened about their
future. Quite simply, I am concerned that we are steps away from a
world food crisis, a crisis that could have a dramatic impact on some
of the world's poorest nations.
The other week, World Bank President Robert Zoellick warned:
For countries where food comprises about half to three-
quarters of consumption, there is no margin for survival.
In the United States, the poorest 20 percent, the poorest one-fifth
of our population, spends about 16 percent of their income on food. It
is a lot compared to many of us. But in the poorest nations, those
families spend more than half of what they earn to feed themselves. In
Nigeria, families spend an average of 73 percent of the money they earn
on food; in Vietnam, 65 percent. Even as food prices soar, humanitarian
aid has been forced to scale back. In Cambodia, the World Food Program,
which is largely sustained and supported by the United States, has
suspended a feeding program for 500,000 schoolchildren because of food
shortages. Rising food prices mean hunger, and with hunger and no real
hope of ending it come panic, desperation, and, ultimately civil
unrest.
At any given time, chronic hunger threatens the welfare of an
estimated 850 million people in the world.
We talk a lot about the forces of extremists and terrorists and
fundamentalists, how destabilizing they are with their acts of violence
in countries where they kill innocent people. But I have to say, if
this world food crisis continues unabated, the instability of terrorism
may pale in comparison.
In Thailand, local farmers are reporting theft of their rice crops,
as supplies from other countries are going down and prices are going up
dramatically. Protests have turned violent in many places. In Yemen,
food prices have doubled in recent months. Protests and riots there
left at least 12 people dead. Protests in Cameroon earlier this year
killed more than two dozen people and led to desperate attempts by the
Government to raise wages and reduce customs duties on food products.
Rioters in Burkina Faso looted stores and burned Government buildings.
The Prime Minister of Haiti was forced to resign following days of
deadly violence over rising food prices. Last weekend, a U.N.
peacekeeper transporting food for his unit was dragged from his vehicle
and shot execution style in the Haitian capital by protesters.
The risk of unrest is even more troubling in areas such as Darfur,
where the World Food Program is feeding up to 3 million people a day.
This is a humanitarian time bomb which threatens to explode at any
moment.
I have seen food aid programs operate overseas, and they can make a
big difference. I saw one program when I traveled to a slum in Nairobi,
Kenya. It is a slum of lean-to homes where more than 600,000 people
live. It is called Kibera. If you saw the movie ``The Constant
Gardener,'' much of it was filmed in the slum of Kibera in Nairobi,
Kenya. Some people think up to 1 million people live there from time to
time, some 600,000. Nobody even knows.
When you visit there, there are people as far as the eye can see--
kids playing in the streets, in the filth, in railway yards,
everywhere.
But when I visited there, there was a scene that was almost hard to
believe. It was near the holiday season. The local schools were on
vacation, but they asked the students to come back to greet this
Senator who was coming from America. About 40 or 50 children put on
their uniforms, left their vacation time at home, to come back to
school. It wasn't to see me; believe me. It was because they promised
them that if they would come back to school that day, they would feed
them. The feeding program in that little school is part of what is
known as the McGovern-Dole school feeding program, named after two
former great Senators who served from South Dakota and Kansas.
I saw the way that food program worked. There was a noon lunch which
consisted of a pot of boiling cereal. It looked a lot like oatmeal or
some form of porridge. They ladled it into plastic cups. The kids stood
in line like they were at Baskin Robbins in Springfield, IL, hoping to
get a double-dip ice cream cone. They were so excited to get something
to eat. It was the only meal they were going to have that day. They
were willing to put up with this politician, wear their uniforms, come
in from vacation, on the chance they could fill that cup. They stood
there and waited, just to get one meal.
The World Food Program has issued an extraordinary emergency appeal
because food programs like that one in Kenya may not last. There is a
shortfall of some $500 million in food programs across the world.
Considering the high cost of food and fuel prices to transport it, the
shortfall is no surprise. But it requires immediate action. The U.S.
contribution to the World Food Program is important because it doesn't
just feed hungry kids. It tells the world who we are.
Right now there are people who are not our friends, who are in fact
our enemies, who are advertising against the United States. On
television sets and other places around the world, there is an image of
America that is not even close to the truth. They suggest that we are
warmongers and selfish people. We are not.
We have to prove to the world again that our values count, and we
will stand behind them. This global food crisis is the kind of
challenge that gives us our opportunity.
It also is important to quell the growing security concerns attached
with a global food crisis. Senators John Kerry and Joe Biden joined me
today in sending a letter to President Bush urging him to support
additional funding for food aid in the fiscal year 2008 supplemental
appropriations bill. The President is going to come to us shortly and
ask for $108 billion to continue the war in Iraq and in Afghanistan. He
will tell us this is an emergency. The world food crisis is also an
emergency. It is one we should deal with. If we are really focused on
stability and peace in Iraq, we should not ignore the fact that the
shortages of food and hunger around the world can lead to instability
in many other places.
As a first step, the Department of Agriculture has committed to
providing $200 million in emergency food assistance through the Bill
Emerson humanitarian trust. Bill Emerson, former Republican Congressman
from the Boothill area of Missouri, was a fine fellow. I got to know
him when I served in the House. He really cared
[[Page 6351]]
about children and feeding people. So $200 million in his name is
certainly money well spent.
Moving forward, though, we have to understand that is not enough. We
are going to need to add more to make sure this crisis doesn't occur.
We can share our bountiful harvest. We can help the poorest people in
the world. We can demonstrate in that way the finest elements of the
American spirit.
We recently had a hearing, in fact yesterday, before the Senate
Appropriations Committee, where Jim Nussle, who is chairman of the
Office of Management and Budget, spoke. Jim comes from the State of
Iowa. He is a former Congressman, former chairman of the House Budget
Committee.
I asked him about this. I asked him if the administration would
consider, as part of their supplemental appropriations bill, including
more money for this global food crisis. I am afraid Mr. Nussle was
adamant in saying they would not. They would not consider adding any
money to the $108 billion for the war in Iraq and Afghanistan. He said
that is all the President has asked for.
I hope Mr. Nussle will reconsider. I certainly hope the President
will reconsider. What is at issue is not a political fight. What is at
issue is a fight for food so some of the poorest people on Earth can
survive. The United States will have a chance to demonstrate to the
world our values and what we stand for. I hope we can do that by adding
to this supplemental funding bill enough money to provide assistance to
people around the world who face deprivation and starvation because of
the current global food crisis.
____________________
MORNING BUSINESS
Mr. DURBIN. Mr. President, I ask unanimous consent that 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.
____________________
HONORING OUR ARMED FORCES
Lance Corporal Thomas P. Echols
Mr. McCONNELL. Mr. President, I rise today because a brave man from
Kentucky has fallen in the far-away country of Iraq. LCpl Thomas P.
Echols was tragically killed on December 4, 2006, during combat
operations in the city of Ramadi. The Shepherdsville, KY, native was 20
years old.
Lance Corporal Echols was serving his second deployment in Iraq. For
his valor as a U.S. Marine, he received several medals, awards, and
decorations, including the National Defense Service Medal, the Navy and
Marine Corps Commendation Medal, and the Purple Heart.
Raised in Shepherdsville, in Bullitt County, Tom was actually born in
Mount Clemens, MI, and as a result Tom brought with him to Kentucky a
fast and true love for his University of Michigan Wolverines. His
grandfather, Don Wight, still recalls how his grandson once saved up
money for weeks to buy tickets to a University of Michigan football
game.
``I'm an MSU grad, he's a dyed-in-the-wool University of Michigan
fan. Anything he could find that was U of M memorabilia, he had it,''
says Don. ``He was just a good, fun-loving young man.'' Despite the
longstanding rivalry between the University of Michigan and Michigan
State, Tom and his grandfather went to that Wolverines football game
together.
While Tom's eyes looked north to his beloved Wolverines, his feet
were firmly planted in Kentucky. He attended Cedar Grove Elementary
School, Bernheim Middle School, and Bullitt Central High School, all in
Shepherdsville. He graduated from Riverview High School in
Shepherdsville in 2004.
Growing up, Tom belonged to his school's football and track teams. He
played video games and paintball. And in high school he participated in
Junior ROTC and the drill team, perhaps preparing himself for the
military life he hoped would lie ahead.
Tom chose to pursue service in uniform by the time high school
graduation rolled around. His father, Kurt Echols, remembers his son
thinking of a career in the Armed Forces as early as middle school.
Perhaps Tom drew inspiration from his father, a veteran himself.
Tom ``was a good kid, loved sports, a big Michigan fan,'' Kurt says
of his son, and remembers him as someone who always enjoyed a good
joke.
In the fall of 2004, Tom enlisted in the U.S. Marine Corps. He was a
member of the 1st Battalion, 6th Marine Regiment, 2nd Marine Division
from Camp Lejeune, NC, and during his deployment to Iraq, his regiment
fell under the command of the First Marine Expeditionary Force,
Forward.
Tom's longtime friend Tim Zamboroski was sorry to see the childhood
buddy he had grown up with whisked away to the other side of the world.
As kids, Tom and Tim used to play baseball together in the backyard. As
men, they would trade e-mails back and forth from America to Iraq.
``I think he was pretty happy with serving the country,'' Tim says.
``I'm going to miss him.'' When he heard Tom had been killed, Tim says
he felt as if he had lost a brother.
Lance Corporal Echols drove humvees during his first tour in Iraq,
and by his second tour had become an infantryman.
While serving in the Marine Corps, he also became a husband, after
asking Allyson Echols, whom he met in high school, to marry him.
Tom and Allyson married during the week of Thanksgiving in 2005.
Allyson now raises the couple's young daughter, Julia, who sadly never
got to meet her father.
Tom was buried at the Zachary Taylor National Cemetery in Louisville,
KY, with full military honors. A large crowd of people came to pay
their final respects. Sheriffs from both Bullitt County and neighboring
Jefferson County were there, and Tom's father Kurt remembers with pride
that members of a local fire department erected a large American flag
in honor of his son.
Our prayers are with the family of Lance Corporal Echols today as God
comforts them for their tragic loss. We are thinking of his wife
Allyson; his daughter Julia; his parents Kurt and Rose; his sister
Rebecca; his brother Alexander; his grandparents Jerry and Sharon
Echols and Donald and Mary Wight; and many other beloved family members
and friends.
This U.S. Senate expresses its deepest gratitude for LCpl Thomas P.
Echols's life of service. And we express our deepest gratitude for the
Echols family, for nurturing this man, patriot, and marine who answered
the call in his country's time of need.
____________________
WEEK OF THE YOUNG CHILD
Mr. REID. Mr. President, I wish to recognize the Week of the Young
Child, taking place this week, April 13 through 19.
Sponsored by the National Association for the Education of Young
Children, the Week of the Young Child is held annually to honor young
children and those who make a difference in their lives. This year's
theme is ``Bring Communities Together for Children--Children Bring
Communities Together''. This week presents an opportunity for us all to
focus on the needs of the 20 million young children around the country.
It shines a light on the importance of issues like affordable childcare
for working families, access to quality early childhood educational
programs, and the availability of adequate health care.
As a father and a grandfather, I am troubled by the fact that so many
young children in this country live with the effects of poverty and
inadequate health and child care every day. It is estimated that 24
percent of American children under the age of 6 live in poverty and 24
percent of those children are without health insurance. In addition,
although nearly 50 percent of working families rely on outside
childcare, fees for these programs are skyrocketing, leaving them out
of reach for too many. The Week of the Young Child highlights the role
of the Federal, State, and local governments,
[[Page 6352]]
as well as private organizations and the general public, in alleviating
these problems and working toward a stronger, healthier community.
The Week of the Young Child also gives us an opportunity to recognize
and celebrate the programs and organizations that provide vital
services to young children and their families. For example, the Head
Start Program provides comprehensive early education and health
services to almost 1 million low-income preschool children to help them
prepare for and succeed in school.
Additionally, the Child Care and Development Block Grant, CCDBG,
provides funding to States for childcare services for low-income
families and activities intended to improve the overall quality and
supply of childcare. For families transitioning to financial
independence, CCDBG-funded services play an especially significant
role.
Investing in America's young children is one of the best steps we can
take to ensure the future success of our Nation. I am pleased to
recognize the Week of the Young Child, and I extend my thanks to those
in Nevada--and around the country--who provide for our young children
on a daily basis.
Mr. KENNEDY. Mr. President, today I strongly support Senator
Salazar's resolution designating this week, the third week in April, as
the ``Week of the Young Child.'' I hope the resolution represents a new
commitment by all of us in Congress to strengthen the services young
children need to become full and productive members of our society in
the years ahead.
Last year's reauthorization of the Head Start Act was a significant
step in the right direction to assure access to quality early childhood
education. The act expanded coverage to families just above the poverty
line and provided additional flexibility to assist more poor families
as they make the transition to work and struggle to keep up with the
rising cost of living in today's new economy. We also renewed our
commitment to underserved populations, such as Native Americans and
migrant and seasonal farm worker families, and worked to ensure that
every teacher in every Head Start classroom is highly qualified.
In addition, the reauthorization established an Early Childhood
Education Advisory Council to assess the needs children in of early
childhood programs and develop a comprehensive plan for improving the
quality of services provided. That effort will improve professional
development, upgrade standards, enhance connections among programs, and
improve data collection. States ready to take on the challenge of
implementing these needed improvements qualify for inventive grants to
get that work underway. Together these reforms strengthen our
commitment to provide both quality childcare, and quality early
learning opportunities for the Nation's youth. But there is still much
more to be done.
The research is clear--high quality early education makes a profound
difference in the lives of children, especially at-risk children. In
fact, many experts believe that 85 percent of a child's intellect is
established before a child reaches the age of five. Unless we begin to
educate at-risk children before they reach kindergarten, we may lose
them forever. Students who start school behind tend to stay behind, and
early childhood education makes all the difference. Those who have
access to high quality early childhood education are 30 percent more
likely to graduate from high school, twice as likely to go on to
college, and are 40 percent less likely to need expensive special
education programs or be held back a grade.
But the positive benefits extend beyond the classroom. Early
childhood education helps to break the devastating cycle of crime and
poverty. Nobel Laureate James Heckman's study of at-risk boys who
receive quality early education shows that less than 10 percent of the
boys who participated would be convicted of a crime and less than 2
percent would end up on welfare--rates significantly lower than those
who did not receive such education.
Quality early education programs are supportive of young children in
ways that enable them to become productive members of society. By
cultivating educated, law abiding members of society we help to
guarantee our national competitiveness, the stability of our economy
and the fabric of our communities for the years ahead. Early childhood
education creates better students, better workers and better citizens.
We must invest in such education for sake of our students and our
national well being. We know the best way to ensure that our students
receive quality early education is by giving them a highly qualified
teacher. Yet, early childhood educators continue to be overworked and
undervalued in our society. Prekindergarten teachers get paid on
average less than half what an elementary school teacher gets paid. The
Bureau of Labor statistics estimates that the average salary of a pre-
school teacher is $21,730--closer to the salaries of school bus
drivers, at $22,890, than any other group of educators, all with median
salaries over $44,000.
Inadequate wages make it nearly impossible to recruit and retain
qualified early childhood educators. The number of childcare providers
with bachelor's degrees declines year after year, and neither their
wages nor the high rates of turnover are acceptable. We must make it a
national priority to guarantee that early childhood educators are paid
and supported in a manner that reflects their valuable contributions to
our Nation's future.
We have come a long way in assuring that our Nation's young children
have access to the supports and services they need, but our mission is
far from complete. This is no time for complaining. We must continue to
expand our support for our nation's youngest children, for they truly
are America's future. Let's use this ``Week of the Young Child'' to
emphasize that vital point for communities across our great country.
____________________
COMMEMORATION OF THE 265TH ANNIVERSARY OF THE BIRTH OF THOMAS JEFFERSON
Mr. WARNER. Mr. President, on April 13, 2008, America celebrated the
265th anniversary of the birth of Thomas Jefferson, who first served as
Vice President and then subsequently was elected as the Nation's third
President in 1801. He deemed his proudest achievement to be the
``Father of the University of Virginia.''
As part of the national celebration, President and Mrs. Bush invited
distinguished scholars and others to pay tribute to the extraordinary
achievements of this great American. I was privileged to attend along
with John Casteen, current president of the University of Virginia, and
many other invited guests from the Commonwealth of Virginia.
Given the importance of this occasion and the respectful tributes
delivered by the President, the First Lady, and two eminent scholars, I
wish to record this event for the American people.
Mr. President, I ask unanimous consent to have printed in today's
Record a detailed speech. I was privileged to go to the White House on
Monday, when the President celebrated, with many others, the 265th
anniversary of Thomas Jefferson. Those remarks are so prized,
particularly in my State, but all across America, that I wish to put
the content of those speeches in today's Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
The White House,
Office of the Press Secretary,
April 14, 2008.
Remarks by the President and First Lady in Honor of Thomas Jefferson's
265th Birthday
THE PRESIDENT: Thank you all. Thanks for coming. Please be
seated. Welcome to the White House. Laura and I are so
honored you are here. I welcome members of my Cabinet,
members of the United States Senate, folks who work in the
White House, the Governor of Virginia and Anne Holton. Thank
you all for coming. We're really happy you're here.
We're here tonight to commemorate the 265th birthday of
Thomas Jefferson, here in a room where he once walked and in
a home where he once lived. In this house, President
Jefferson spread the word that liberty was the right of every
individual. In this house,
[[Page 6353]]
Jefferson sent Lewis and Clark off on the mission that helped
make America a continental nation. And in this house,
Jefferson was known to receive guests in his bathrobe and
slippers. (Laughter.) Laura said no. (Laughter.) I don't have
a bathrobe. (Laughter.)
With a single sentence, Thomas Jefferson changed the
history of the world. After countless centuries when the
powerful and the privileged governed as they pleased,
Jefferson proclaimed as a self-evident truth that liberty was
a right given to all people by an Almighty.
Here in America, that truth was not fully realized in
Jefferson's own lifetime. As he observed the condition of
slaves in America, Jefferson said, ``I tremble for my country
when I reflect that God is just'' and ``that his justice
cannot sleep forever.'' Less than 40 years after his death,
justice was awakened in America and a new era of freedom
dawned.
Today, on the banks of the Tidal Basin, a statue of Thomas
Jefferson stands in a rotunda that is a memorial to both the
man and the ideas that built this nation. There, on any day
of the week, you will find men and women of all creeds,
colors, races and religions. You will find scholars,
schoolchildren and visitors from every part of our country.
And you will find each of them looking upward in quiet
reflection on the liturgy of freedom--the words of Thomas
Jefferson inscribed on the memorial's walls.
The power of Jefferson's words do not stop at water's edge.
They beckon the friends of liberty on even the most distant
shores. They're a source of inspiration for people in young
democracies like Afghanistan and Lebanon and Iraq. And they
are a source of hope for people in nations like Belarus and
Burma, Cuba, Venezuela, Iran, Syria, North Korea and
Zimbabwe, where the struggle for freedom continues.
Thomas Jefferson left us on July 4, 1826--fifty years to
the day after our Declaration of Independence was adopted. In
one of the great harmonies of history, his friend and rival
John Adams died on the very same day. Adams' last words were,
``Thomas Jefferson survives.'' And he still does today. And
he will live on forever, because the desire to live in
freedom is the eternal hope of mankind.
And now it's my pleasure to welcome Wilfred McClay to the
stage. (Applause.)
* * * * *
MRS. BUSH: Thank you very much, Mr. McClay and Mr. Wilson.
Thank you so--for your reflections on Thomas Jefferson's life
and his contributions to our nation, and thanks to each of
you for joining us today so we can learn more about the
legacy of one of America's most influential founding fathers.
Thomas Jefferson believed that education is the cornerstone
of a free society, so it's therefore little surprise that he
viewed the founding of the University of Virginia as one of
his top achievements, as we know from both of your talks. He
called the building of this school the last service he could
render his country, saying, ``Could I see it open? I would
not ask an hour more of life.''
But in fact Thomas Jefferson lived a little over a year
after the University of Virginia opened its doors. During
this time he was involved in the University activities, and
he invited students, including a young Edgar Allan Poe, to
dine with him each Sunday at nearby Monticello.
Today, Jefferson still shapes the lives of the students at
the school he founded. The architecture of his academical
village encourages free study in a collaborative environment,
and UVA's philosophy of student self-governance epitomizes
our third President's democratic ideals.
The 18 men I now introduce are heirs to this tradition. The
Virginia Gentlemen are UVA's oldest a cappella vocal
ensemble. They perform for distinguished audiences across the
country and around the world. Tonight is their first
performance at the White House, and we're happy to have them.
Here to perform a few musical selections, including the
University of Virginia's school song, please welcome the
Virginia Gentlemen. (Applause.)
____
Richard Guy Wilson,
Commonwealth Professor, Architectural History,
University of Virginia.
Mr. President, Mrs. Bush, and Ladies and Gentlemen: Thank
you--an honor to speak on Thomas Jefferson and his
architectural accomplishments. Thomas Jefferson knew this
house very well,--he was the first full time occupant--John
Adams resided here for barely 4 months. The house remained
unfinished, many rooms--such as this one, were large bare
brick caverns, there was no grand staircase, and the floors
were rough. Visitors recalled that Jefferson kept several
tables of tools . . . one apparently in this room . . .
described as ``a long table'' that contained hammers,
chisels, and other implements, and the visitors remember him
taking the tools to fix locks, pound in nails in window
moldings as well as work in the garden.
Jefferson had offered his own designs for the Executive
Mansion or President's house as it was known back in 1791-92,
along with plans for the U.S. Capitol; this he projected as a
great domed structure. But Washington, apparently, rejected
his schemes and competitions were held. Jefferson served as
secretary of state in the 1st Washington administration and
that office--Secretary of State--was a bit different than
today, since it included internal administration as well as
foreign affairs. Jefferson also offered his scheme for laying
out Washington, D.C., (remember this is a ``new city'' and
created in the 1790s) and Jefferson's advice . . . not to
mention his loan of maps . . . is fundamental to the plan
along with the great mall developed by Major Pierre Charles
L'Enfant.
To return here to this building--the White House--
(officially so named in 1901), Jefferson while president
designed a number of additions including wings, the gardens,
and then he commissioned his close friend Benjamin Henry
Latrobe--who he also appointed in 1803 as the Architect of
the Capitol--to design both the north and south porticos;
Latrobe's porticos are the most distinguishing external
element of the building. It took many years to get the
porticos built . . . things were not that different then as
now on getting government projects underway, and finished.
I have outlined Thomas Jefferson's involvement in this
building to make a point,--the buildings he lived in, their
style, appearance, the furnishings--rugs, drapes, chairs--and
gardens were critical to him. As he once said: ``Architecture
is my delight, and putting up and pulling down one of my
favorite amusements.'' Jefferson was obsessed, wherever he
lived, whether in Charlottesville, Williamsburg, or Poplar
Forest, all in Virginia, or in Philadelphia during the 1770s,
New York, 1790s, or Paris, 1784-89. When he was the American
Ambassador to the Court of Louis XVI, he remodeled his
quarters even though he didn't own them. Monticello was in a
constant state of construction, and if any of you have lived
through a house remodeling, you know how conducive that is to
family harmony. Right? Jefferson lived in a construction zone
his entire life.
What were Jefferson's architectural achievements? He wrote
to his close friend James Madison (later an occupant of this
building):
``But how is a taste in the beautiful art to be formed in
our countrymen, unless we avail ourselves of every occasion
when public buildings are to be erected, of presenting to
them models for their study and imitation? . . . . You see I
am an enthusiast on the subject of the arts. But it is an
enthusiasm of which I am not ashamed, as its object is to
improve the taste of my countrymen, to increase their
reputation, to reconcile them to the rest of the world, and
procure them its praise.'' TJ to James Madison, September 20,
1785.
This letter of 1785 was on the occasion of his design of
the Virginia State Capitol in Richmond. I would argue the
Virginia Capitol--or state house--is his most important
building, a large Roman temple that stands on Shockoe Hill in
Richmond--originally overlooking the James River. The
Virginia Capitol is one of the first major public building
constructed after the Revolution, and its classical ancestry
helped to determine the look of American governmental
architecture for the next several centuries. Instead of red
brick and skimpy classical details Jefferson gave us a
governmental image.
Thomas Jefferson is sometimes labeled a ``gentleman'' or an
``amateur'' architect but this is a misnomer. Yes, he was
self-trained, but there were no architectural schools (they
were not invented in this country until the 1860s), rather he
learned from books and he had the largest architectural
library in the young republic, and he did the drawings, he
figured the specifications . . . How many bricks? How much
timber? How much glass to order, and he superintended the
construction. Jefferson designed houses, his own and those
for friends, utilitarian buildings such as shops, farm
structures, court houses, a jail (we think) and he frequently
offered his wisdom to his colleagues (he was ``Mr. Suggestion
Box''). But . . . and this makes him an amateur . . . he was
never paid, he did it all gratis.
Although the Virginia State Capitol is his most important
building--because of its legacy. . .his greatest I would
argue--is the ``academical village,'' of the University of
Virginia. It is totally his creation--yes . . . he did ask
for suggestions and advice--as any wise person does--but it
was or is his concept of what is the appropriate setting for
education. Jefferson felt that one learned as much from your
environment as from the professor gabbing away in a class
room. The University is great lawn enclosed on 3 sides and
open at the end. Pavilions for the professors and dormitory
rooms for the students on the two long sides are tied
together by colonnades of classical columns of various orders
and sizes. Dominating the composition at one end is the
Rotunda, a great domed building that housed the library.
Based upon the Pantheon in Rome, considered one of the great
and most perfect monuments of antiquity, Jefferson has taken
an ancient symbol, the dome of the cosmos to the Romans, the
dome of the heavens to Christianity, unity for our Capitol,
and transformed it once again, it becomes the dome of
enlightenment, of reason, it is the library, the mind of the
university. In his hands the library became the central
element--symbol of the modern university.
[[Page 6354]]
Jefferson saw his accomplishments in a very particular way,
and he both designed his obelisk shaped tombstone at
Monticello and ordered it would contain a very particular
statement . . . (He was ``Mr. Control'' to the end). It
contains nothing, nothing . . . about public offices he had
occupied. What it does say is: ``Here was buried Thomas
Jefferson Author of the Declaration of American Independence
of the Statute of Virginia for Religious Freedom and Father
of the University of Virginia.'' Two writings which are
fundamental to our American freedoms and the institution by
which they would be carried out.
____
Jefferson Birthday Celebration Remarks
(By Wilfred M. McClay, Apr. 14, 2008)
Thank you, Mr. President, for your warm welcome, and for
the great honor of taking part in this celebration of Thomas
Jefferson's life.
It is always hard to know where to begin with Thomas
Jefferson. His early biographer James Parton described
Jefferson in 1775--one year before he wrote the Declaration
of Independence--as ``a gentleman of thirty-two, who could
calculate an eclipse, survey an estate, tie an artery, plan
an edifice, try a cause, break a horse, dance a minuet, and
play the violin.'' And at that point in his life, he was just
getting warmed up.
So how can we take his measure? Should we start by
recounting his political accomplishments over four decades of
public service, ranging from his entry into the Virginia
House of Burgesses in 1769 to his retirement from public life
in 1809, after two terms as the third President of the United
States?
Or do we stress instead his influence in the world of
ideas, through his powerful writings in support of American
independence--the greatest of these being, of course, the
Declaration of Independence itself, with its stirring
invocation of the God-given rights of every individual human
being--words that changed the course of human history, and
continue to do so today?
Or Jefferson's keen and unflagging interest in natural
science, as evidenced by his service as president of the
American Philosophical Society from 1797 to 1815, years that
overlap his entire tenure as President of the United States?
Or his love of architecture, as embodied in the graceful
neoclassical home Monticello that he designed and built for
himself near his Virginia birthplace on what was then the
western edge of settlement?
Not to mention his overwhelming passion for gadgetry, which
invariably impresses visitors to Monticello, who nearly
always remember the revolving bookstand, the dumbwaiter, the
copying machine, the automatic double doors, the Great Clock,
the triple-sash window, and countless other gizmos that the
ever-inventive Jefferson himself either designed or adapted.
And what about his founding of the University of Virginia
in nearby Charlottesville, whose serenely beautiful central
grounds he also designed? Or his great contributions to the
cause of religious and intellectual liberty, which for him
were essential to the dignity of the individual person, and
central to the work of a great university?
You all probably know that Jefferson, that inveterate
designer, even designed his own tombstone, and specified the
only things it was to say about his life: that he wrote the
Declaration and Virginia's Statute of Religious Freedom, and
that he was Father of the University of Virginia. Of how many
other men can it be said that their having served two full
terms as President of the United States--which I think we all
agree is no shabby achievement!--was in the second or third
tier of their accomplishments?
Some will object that all this praise fails to do justice
to the flaws in our subject. And that is true enough. Should
we then begin, as is overwhelmingly the fashion today, by
emphasizing Jefferson's complexity, his contradictions, his
shortcomings? That might not seem very charitable, or in
keeping with the spirit of the occasion. But it would have
the Jeffersonian virtue of honesty. And there are negative
aspects of Jefferson's life and career that simply cannot be
denied.
No one can deny that although Jefferson opposed slavery in
theory, he consistently failed to oppose it in practice,
including notably in the conduct of his own life at
Monticello.
No one can deny that Jefferson's racial views, particularly
as expressed in his book Notes on the State of Virginia, are
appalling by today's standards.
No one can deny that Jefferson often practiced a very harsh
brand of politics. His famously conciliatory words ``We are
all Republicans, we are all Federalists'' in his First
Inaugural Address were quickly belied by his ferocious
partisanship, which was relentlessly aimed at stigmatizing
the Federalist party and driving it out of existence.
Nor can one deny that his greatest act as President, the
Louisiana Purchase, and his worst, the Embargo Act, both
represented a complete repudiation of his most basic
principles about the dangers of big government and strong
executive authority.
These are not small flaws, nor are they the only ones. We
are not wrong to insist upon their being remembered, even on
this day. Still, the compulsion to criticize Jefferson has
gone too far. Jefferson is, I believe, one of the principal
victims of our era's small-minded rage against the very idea
that imperfect men can still be heroes--and that we badly
need such heroes. We have been living through an era that
feels compelled to cut the storied past down to the size of
the tabloid present. Perhaps the time has come for that to
change.
For when all is said and done, Thomas Jefferson deserves to
be remembered and revered as a great intellect and great
patriot, whose worldwide influence, from Beijing to Lhasa to
Kiev to Prague, has been incalculable, and whose belief in
the dignity and unrealized potential to be found in the minds
and hearts of ordinary people is at the core of what is
greatest in the American democratic experiment. It is in this
sense that James Parton was absolutely correct in making the
following proclamation: ``If Jefferson is wrong, America is
wrong. If America is right, Jefferson was right.''
Of course, we want to know more than Jefferson's words; we
want to feel that we know the man himself. But that is
exceptionally hard with Jefferson. He eludes our grasp. He
may well have been the shyest man ever to occupy the office
of President, awkward and taciturn except in small and
convivial settings, such as small dinner parties, where he
could feel at his ease, and shed some of his reticence.
He loathed public speaking, giving only two major speeches
while President, and none on the campaign trail. He often
felt that the work of politics ran against his nature, and
complained that the Presidency was an office of ``splendid
misery,'' which ``brings nothing but increasing drudgery &
daily loss of friends.''
Add to that the fact that he had more than a little bit of
the recluse in him. Twice he withdrew entirely from public
life, first in the 1780s, after a disappointing term as
governor of Virginia, then the second time at the conclusion
of his presidency, when he left Washington disgusted and
exhausted, anxious to be rid of the place. As he wrote a
friend, ``Never did a prisoner, released from his chains,
feel such relief as I shall on shaking off the shackles of
power.'' Never was he happier than when ensconced in his
Monticello retreat, his ``portico facing the wilderness''
that he loved and found renewal in.
At bottom, I think Jefferson is best understood as a man of
letters. Literally. Jefferson wrote almost 20,000 letters in
his lifetime, and it is in these letters that he seems to
have felt freest and most fully himself. Although he
complained to John Adams that he suffered ``under the
persecution of letters,'' the opposite seems to have been the
case. This was a man who lived much of his life inside his
own head, and it is in these letters that he comes most fully
alive for us. He seems to have needed the buffer of letters
interposed between himself and the world; but with that
buffer in place, the otherwise awkward and taciturn Jefferson
became more open, wonderfully expressive and responsive to
his correspondents.
It was in his letters to Maria Cosway that we glimpse his
passionate nature, and the struggles between head and heart
that preoccupied much of his inner life. It is in his letters
to his nephew Peter Carr that we see his thoughts as a
preceptor and wise guide to the world's ways. And it was in
his magnificent correspondence with his old rival John Adams,
a dialogue that spanned fifty years until their deaths in
1826, that Jefferson most fully explored the deeper meaning
of the American experiment. He was constantly using his
correspondence to organize and sharpen his thinking, and it
is there that we see him most fully and vividly.
In any event, it is for his ideas, above all else, that we
honor Jefferson; and for the cause of human freedom and human
dignity that he so eloquently championed. His failings may
weigh against the man, but not against the cause for which he
labored so mightily. That should be a lesson to us today.
Like Jefferson, we are carriers of meanings far larger than
we know, meanings whose full realization cannot be achieved
in our lifetime, or even be fully understood by us, but which
we are nevertheless charged to carry forward as faithfully as
we can.
But unlike Jefferson, we have the benefit of being able to
stand on his shoulders, with his words to direct and inspire
us. ``We knew'' about Jefferson's faults, said the civil
rights leader, Representative John Lewis. ``But we didn't put
the emphasis there. We put the emphasis on what he wrote in
the Declaration. . . . His words were so powerful. His words
became the blueprint, the guideline for us to follow. From
those words you have the fountain.''
It is the same fountain that today, 265 years after
Jefferson's birth, still nourishes our lives, and shows no
sign of running dry. Today is a good day to drink from it
anew.
____________________
125TH ANNIVERSARY OF THE NATIONAL CRITTENTON FOUNDATION
Mr. KENNEDY. Mr. President, today marks the 125th anniversary of The
National Crittenton Foundation, the nationwide organization that
supports empowerment, self-sufficiency, and an end to cycles of
destructive behavior
[[Page 6355]]
and relationships by at-risk girls and young women. The organization
began as the National Florence Crittenton Mission, founded in 1883 by
19th century philanthropist Charles Crittenton of New York City a year
after his daughter Florence died at the age of 5. His goal was to
assist girls and young women in trouble, and in the years that
followed, Florence Crittenton Homes became famous in communities across
the United States and in foreign countries as well.
One of the leading members of the Foundation today is the Crittenton
Women's Union in Boston, which began as a Florence Crittenton Home in
the city in 1896. It was launched by a pioneering group of women
activists who wanted it to be a ``big sister'' to ``unfortunate New
England girls'' young unmarried mothers in need of shelter and moral
guidance.
In the years that followed these two organizations joined forces and
combined with other organizations to create the Crittenton Women's
Union, which today empowers low-income women in our city by providing
safe housing, caring support services, education, and workforce
development programs.
In addition to using its on-the-ground experience to shape public
policy and achieve social change, Crittenton Women's Union is also
Massachusetts' largest provider of transitional housing for homeless
mothers and their children and the founder of New England's first
transitional home for victims of domestic violence. The organization
continues its innovative approach to today's compelling social problems
through its focus on workforce development and post-secondary school
training to enable women to become economically self-sufficient.
Its services are further strengthened by its unique partnership with
the National Crittenton Foundation, which gathers valuable insights
from its nationwide network of frontline agencies and provides a forum
to share best practices and shape national policies to benefit all
young women and girls at risk.
Today, 125 years after Charles Crittenton began his historic work as
a an agent for positive change for young women and girls, Crittenton
Women's Union and the National Crittenton foundation remain true to his
vision. I welcome this opportunity to commend the Foundation and its
extraordinary members on this special anniversary for their continuing
vision and commitment to their goals in Massachusetts and throughout
the Nation.
____________________
TRIBUTE TO YVONNE BRATHWAITE BURKE
Mrs. FEINSTEIN. Mr. President, today I honor Yvonne Brathwaite Burke,
who is retiring at the end of 2008, after a distinguished and
illustrious career spanning 50 years as a public servant in the State
of California.
I wish to extend to Mrs. Burke, who served as a Representative of
California's 37th Congressional District from 1973 to 1979, my sincere
congratulations for the decades of dedicated service that she has given
to her Nation, her State, and her county.
She is currently serving as chair of the Los Angeles County Board of
Supervisors and is in the final year of her fourth term on the board.
For the past 15 years, she has represented the Second Supervisorial
District.
Supervisor Burke will be remembered as a devoted public servant who
amassed numerous accomplishments and countless awards--in addition to
inspiring women and minorities to pursue careers in public service.
As a product of the Los Angeles Unified School District, Mrs. Burke
developed an interest in public speaking and participated in several
citywide competitions during her high school years.
Her involvement in these events and many extracurricular activities
helped her to obtain scholarships to the UC Berkeley and later at UCLA.
In 1956, Mrs. Burke received a law degree from the University of
Southern California School of Law.
It was difficult for women, particularly African Americans, to
practice law, because many private law firms showed little interest in
hiring women as attorneys.
So Mrs. Burke opened her own law office in Los Angeles.
She specialized in immigration and civil rights and fought
segregation in real estate law.
Mrs. Burke was active in the civil rights movement with memberships
in various local and national organizations.
She subsequently landed a staff attorney position on the McCone
Commission, which investigated the causes of the 1965 Watts riots in
Los Angeles.
She became a spokesperson for the underrepresented and, through a
grassroots campaign, won her first political office in 1966 as a
California State assemblywoman.
It was a position she held for the next 6 years.
In 1972, Mrs. Burke became the first African American woman--west of
the Mississippi River--to be elected to the U.S. House of
Representatives.
She was selected to serve as vice chair of the 1972 Democratic
National Convention in Miami and later on the House Select Committee on
Assassinations.
She also was the first Congresswoman to give birth while in office.
Mrs. Burke did not seek re-election to Congress in 1978 but instead
ran for attorney general of California.
She won the Democratic nomination, but subsequently was defeated in
the general election.
In 1979, Mrs. Burke was appointed by the Governor of California to
fill a vacancy in the Fourth Supervisorial District in Los Angeles
County and served in that capacity until the end of 1980.
She also was appointed by the Governor to serve on the Board of
Regents of the University of California in 1982.
Two years later, Mrs. Burke was selected to serve as vice chair of
the 1984 U.S. Olympics Organizing Committee.
In 1992, she became the first African American elected to the Los
Angeles County Board of Supervisors.
She played a significant role in the 2000 Democratic National
Convention, hosting an event for hundreds of African American elected
officials nationwide.
Supervisor Burke represents nearly 2.5 million residents in the
Second District of the Nation's largest county.
Her efforts primarily have focused on improving the lives of
children, encouraging economic development, and improving
transportation throughout Los Angeles, as well as promoting public
social services, health care for the uninsured, and affirmative action
for women and the economically disadvantaged.
In addition, she has taken the lead in establishing a county archives
system.
These are just some of Yvonne Brathwaite Burke's significant
accomplishments.
On behalf of the U.S. Senate and the State of California, I extend my
heartfelt gratitude for her immeasurable contributions throughout her
renowned career.
With sincere best wishes, I congratulate Supervisor Burke upon her
retirement from elective office.
And I am pleased to join her many coworkers; her family: her husband
William, her daughter Autumn and stepdaughter Christine; friends; and
associates in wishing her health, happiness, and continued good fortune
in her future endeavors.
____________________
CONGRATULATING EASTER SEALS
Mr. BIDEN. Mr. President, I wish today to commend a standout chapter
of a renowned organization, one that has been responsible for bringing
light to the lives of countless Americans throughout its existence.
Easter Seals Delaware and Maryland's Eastern Shore is celebrating its
60th year of providing critical help to those in need.
In 1948, the organization was started to meet the needs of children
with disabilities, and it has grown exponentially since then. This
chapter served 18,000 Delawareans last year through eight locations,
and they now have an annual operating budget of $15 million.
The services provided by the staff and volunteers at Easter Seals are
well
[[Page 6356]]
known: speech and hearing therapy, assistive technology, and job
training are just a few of the ways they help children and adults with
disabilities lead independent lives in their communities.
As we embark on spring this year, it is appropriate to recall the
symbol of Easter Seals: the lily. The lily makes us all think of
rebirth and new life, which is exactly what Easter Seals provides to
those they help. It is why the lily has appeared on every Easter
``Seal'' produced since the 1950s.
I would be remiss if I thanked Easter Seals Delaware and Maryland's
Eastern Shore without recognizing its driving force for the last half
century. Sandra Tuttle, who has been associated with the organization
for nearly 50 years--including as its president and CEO since 1978--is
stepping aside from her formal role. Her leadership has been the engine
of this remarkable organization; her devotion, professionalism, and
guidance are known to all associated with Easter Seals.
I wish her the best of luck in all her future endeavors and thank her
from the bottom of my heart for what she has helped this organization
become. The lives she has touched are without number. She truly is an
angel walking among us.
I know I am not the first to thank Easter Seals in this Chamber, and
I doubt I will be the last. This incredible organization, started by a
few people trying to make a difference for disabled children, has
blossomed into the model for all such groups in America. I thank my
local chapter for its work, congratulate it on this momentous occasion,
and hope that its influence will continue to grow for years to come.
____________________
CONGRATULATING THE STATE OF ISRAEL
Mrs. BOXER. Mr. President, it is a privilege to be able to offer my
most sincere congratulations to the State of Israel as it celebrates
its 60th anniversary of independence. I am so proud that Israel has not
only survived, but has become one of the most prosperous and successful
democracies anywhere in the world.
The Israeli National Anthem, Hatikvah, means, ``The Hope.'' That is
really what the modern State of Israel has been about over these 60
years. Founded after the horrors of the Holocaust, the Jewish people
created a place where their faith and history could be secured and
passed from generation to generation. In this place, never again would
dictators or fanatics be able to systematically persecute, terrorize,
and murder entire communities or an entire people.
Hope sustained the Jewish people through 3,000 years of persecution
that culminated in the evils of the Holocaust. And for the last 60
years, that same sense of hope for the future has allowed the people of
Israel to persevere in the face of continual assaults on its very
existence, whether they are in the form of war, terrorism, or
assassination.
As Israel celebrates this milestone, I am proud to say that the
United States has been by its side, offering support and assistance,
and watching it grow into an unparalleled partner in promoting the
ideals of democracy, personal freedom, and human rights.
The United States has also tirelessly supported Israel as it
continues to seek lasting peaceful coexistence with its neighbors to
bring a permanent end to years of suffering and senseless violence. And
we will continue to be there to support them in that effort.
When Yitzhak Rabin went before the Knesset in October 1995 to discuss
the ratification of the Israeli-Palestinian interim agreement, he said
the following:
``Here, in the land of Israel, we returned and built a nation. Here,
in the land of Israel, we established a state. The land of the
prophets, which bequeathed to the world the values of morality, law and
justice, was, after two thousand years, restored to its lawful owners--
the members of the Jewish people. On its land, we have built an
exceptional national home and state.''
Israel is indeed an exceptional nation state, and this milestone is a
great testament to the hope, faith, and perseverance of the Jewish
people. I offer my congratulations to Israel on the 60th anniversary of
its founding.
____________________
ADDITIONAL STATEMENTS
______
TRIBUTE TO HARVEY WHITE WOMAN
Mr. JOHNSON. Mr. President. I wish to recognize a
distinguished member of the Oglala Sioux Tribe, Harvey White Woman.
Harvey passed away on Monday, March 31, 2008 following a brave battle
against a rare form of cancer. Though he was only 44, he carried the
wisdom and insight of many elders and worked in a positive way to
educate native and nonnative people on treaty and water rights. He was
often asked to give presentations to adults and schoolchildren alike
about the Fort Laramie Treaty of 1868 as a way to educate the public,
not only about the history of this region of our country but also about
the promises that were made to native people.
In his work as an assistant to the Oglala Sioux Tribe's Fifth
Member's office, Harvey's voice could be heard reminding us as Members
of Congress of our duties to uphold those treaty obligations. He also
served on the board of the Lakota Fund in Kyle and most recently as the
first director of the Wawokiye Business Institute. The Wawokiye
Institute gives specialized assistance to entrepreneurs who are working
toward realizing their goal of business success. Through his work and
presentations on traditional entrepreneurship, many people around the
world gained a better understanding of the business instincts of native
people throughout history.
Harvey also led the newly formed Oglala Lakota Cancer Survivors,
Inc., on Pine Ridge, which is an effort to bring together those
survivors and their families to talk about cancer and the unique
circumstances that native people face.
Harvey was taken from us too soon. I would like to extend my deepest
condolences to his family and his friends in this time of great loss
and encourage them to go forward with Harvey's efforts.
____________________
THE LOUISIANA HONOR AIR
Mr. VITTER. Mr. President, today I wish to acknowledge and
honor a very special group, the Louisiana HonorAir. Louisiana HonorAir
is a not-for-profit group that flies as many as 200 World War II
veterans a year up to Washington, DC, free of charge. On April 26, 2008
a group of 99 veterans will reach Washington as part of this very
special program.
I want to take a moment to thank all the brave veterans visiting our
Capitol city this trip:
Richard S. Allain; Wilton J. Aucoin, Sr.; Henry E.
Babineaux; Nolan P. Barras; James R. Bazet, Sr.; Raymond R.
Beadle, Sr.; George Beaugh, Sr.; John S. Becnel, Jr.; Charles
F. Berard; Dailey J. Berard; Cecile M. Beyt; Raymond L.
Bienvenu; Dewey D. Billodeau; Nelson C. Boudreaux; Jules C.
Bourgeois; Alby J. Bourque; Roy J. Boutte, Sr.; Adam T. Boyd;
Gerald C. Braud; Minos J. Breaux.
Charles E. Broussard; Dennis J. Broussard; Taylor J.
Broussard, Jr.; Earl H. Brown, Sr.; Leroy M. Burgess; Dracos
D. Burke; Leroy J. Coulter; Perry J. Decuir; Alvy A. DeHart;
Rogers DeHart, Sr.; Charles L. DeLahoussaye; Gustave A.
Duhon; John N. Fernandez; William S. Flores; Guy J. Folse;
Theresa D. Formeller; James T. Fulgham; Claby J. Gary;
Raymond H. George; Joseph C. Glorioso.
Carlo J. Governale; Bert A. Guiberteau; Lloyd J. Guillory;
James S. Hebert; Joseph V. Hebert; Julius M. Hebert; Oddie J.
Hebert; Lawrence Lacy; Richard LaFleur; James W. Lancios;
Alfred S. Landry; Walter J. Latiolais, Sr.; Harold P.
LeBlanc; Malcolm F. LeCompte; Joseph H. LeGrand; Robert R.
LeJeune; RosaMae Lopez; Ray A. Louviere; Charles T. Mahoney;
Frank O. Maness, Jr.
Salvadore Marchese, Jr.; Edith L. Mazurek; Mahlen M. Meaux;
Chelly P. Mendoza; Woodrow P. Mendoza; Leroy E. Miller; Leon
J. Minvielle, Jr.; Louis P. Monte'; George P. Munson; Henry
A. Myers, Sr.; Clifford D. Neal; James H. Newcomb, Sr.;
Stewart L. Newman; Jewell D. Palmer; Gerald F. Patout; Jules
G. Patout; Rene L. Patout; Jasper P. Pennington; George W.
Perry; Irwin M. Pierron.
Thomas M. Randazzo; Griffin P. Reaux; Clyde R. Redmond;
Donald A.J. Sanders; Joseph A. Sarradet, Jr.; Clifton O.
[[Page 6357]]
Schexnayder; Francis P. Schwing; George E. Schwing; Jerry E.
Shea, Sr.; George C. Simar; Emile J. Tauzin; Paul A.
Traywick; Daniel L. Verret, Sr.; Laines W. Vincent; RoseMary
R. Walker; Johnnie A. Webb; Oliver A. Williams, Jr.; Robert
L. Williams; Howard E. Winston.
While visiting Washington, DC, these veterans will tour Arlington
National Cemetery, the Iwo Jima Memorial, the Vietnam Memorial, the
Korean Memorial, and the World War II Memorial. This program provides
many veterans with their only opportunity to see the great memorials
dedicated to their service.
Thus, today, I ask my colleagues to join me in honoring these great
Americans and thanking them for their devotion and service to our
Nation.
____________________
MESSAGES FROM THE PRESIDENT
Messages from the President of the United States were communicated to
the Senate by Mr. Williams, one of his secretaries.
____________________
EXECUTIVE MESSAGES REFERRED
As in executive session the Presiding Officer laid before the Senate
messages from the President of the United States submitting sundry
nominations which were referred to the appropriate committees.
(The nominations received today are printed at the end of the Senate
proceedings.)
____________________
REPORT RELATIVE TO THE ADMINISTRATION'S INTENT TO ADD THE SOLOMON
ISLANDS TO THE LIST OF LEAST-DEVELOPED BENEFICIARY DEVELOPING COUNTRIES
UNDER THE GENERALIZED SYSTEM OF PREFERENCES PROGRAM--PM 44
The PRESIDING OFFICER laid before the Senate the following message
from the President of the United States, together with an accompanying
report; which was referred to the Committee on Finance:
To the Congress of the United States:
In accordance with section 502(f)(1)(B) of the Trade Act of 1974, as
amended (the ``Act''), I am providing notification of my intent to add
the Solomon Islands to the list of least-developed beneficiary
developing countries under the Generalized System of Preferences (GSP)
program. In Executive Order 12302 of April 1, 1981, the Solomon Islands
was designated as a beneficiary developing country for purposes of the
GSP program. After considering the criteria set forth in sections 501
and 502 of the Act, I have determined that it is appropriate to extend
least-developed beneficiary developing country benefits to the Solomon
Islands.
George W. Bush.
The White House, April 17, 2008.
____________________
MESSAGES FROM THE HOUSE
At 1:04 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 bill, in which it requests the concurrence of the
Senate:
H.R. 2537. An act to amend the Federal Water Pollution
Control Act relating to beach monitoring, and for other
purposes.
____________________
ENROLLED BILL SIGNED
At 2:16 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the Speaker
has signed the following enrolled bill:
H.R. 5813. An act to amend Public Law 110-196 to provide
for a temporary extension of programs authorized by the Farm
Security and Rural Investment Act of 2002 beyond April 18,
2008.
The enrolled bill was subsequently signed by the President pro
tempore (Mr. Byrd).
____________________
ENROLLED BILL SIGNED
At 3:05 p.m., a message from the House of Representatives, delivered
by Ms. Niland, one of its reading clerks, announced that the Speaker
has signed the following enrolled bill:
S. 793. An act to provide for the expansion and improvement
of traumatic brain injury programs.
The enrolled bill was subsequently signed by the President pro
tempore (Mr. Byrd).
____________________
MEASURES REFERRED
The following bill was read the first and the second times by
unanimous consent, and referred as indicated:
H.R. 2537. An act to amend the Federal Water Pollution
Control Act relating to beach monitoring, and for other
purposes; to the Committee on Environment and Public Works.
____________________
ENROLLED BILL PRESENTED
The Secretary of the Senate reported that on today, April 17, 2008,
she had presented to the President of the United States the following
enrolled bill:
S. 793. An act to provide for the expansion and improvement
of traumatic brain injury programs.
____________________
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-5849. A communication from the Chairman, Federal
Financial Institutions Examination Council, transmitting,
pursuant to law, the Council's Annual Report for fiscal year
2007; to the Committee on Banking, Housing, and Urban
Affairs.
EC-5850. A communication from the Deputy Secretary,
Division of Corporation Finance, Securities and Exchange
Commission, transmitting, pursuant to law, the report of a
rule entitled ``Revisions to Form S-11 to Permit Historical
Incorporation by Reference'' (RIN3235-AK02) received on April
15, 2008; to the Committee on Banking, Housing, and Urban
Affairs.
EC-5851. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Approval and Promulgation of Implementation Plans; New
York'' (FRL No. 8554-8) received on April 11, 2008; to the
Committee on Environment and Public Works.
EC-5852. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Lead; Renovation, Repair, and Painting Program'' ((RIN2070-
AC83)(FRL No. 8355-7)) received on April 11, 2008; to the
Committee on Environment and Public Works.
EC-5853. A communication from the Chief of the Publications
and Regulations Branch, Internal Revenue Service, Department
of the Treasury, transmitting, pursuant to law, the report of
a rule entitled ``Coordinated Issue: Section 118--
Characterization of Bioenergy Program Payments'' (Docket No.
LMSB-04-0308-019) received on April 15, 2008; to the
Committee on Finance.
EC-5854. A communication from the Assistant Secretary,
Office of Legislative Affairs, Department of State,
transmitting, pursuant to law, a report relative to the
International Atomic Energy Agency's programs in Burma, Cuba,
Iran, North Korea, and Syria; to the Committee on Foreign
Relations.
EC-5855. 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 2008-44--2008-54); to the Committee on Foreign
Relations.
EC-5856. A communication from the Director, Strategic Human
Resources Policy Division, Office of Personnel Management,
transmitting, pursuant to law, the report of a rule entitled
``Suitability'' (RIN3206-AL08) received on April 15, 2008; to
the Committee on Homeland Security and Governmental Affairs.
EC-5857. A communication from the Staff Director, U.S.
Sentencing Commission, transmitting, pursuant to law, a
report entitled, ``2007 Annual Report and Sourcebook of
Federal Sentencing Statistics''; to the Committee on the
Judiciary.
____________________
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 Mr. INHOFE:
S. 2876. A bill to provide for the conveyance of
approximately 140 acres of land in the Ouachita National
Forest in Oklahoma to the Indian Nations Council, Inc., of
the Boy Scouts of America, and for other purposes; to the
Committee on Agriculture, Nutrition, and Forestry.
By Mr. REID (for Mrs. Clinton):
[[Page 6358]]
S. 2877. A bill to improve and enhance research and
programs on cancer survivorship, and for other purposes; to
the Committee on Health, Education, Labor, and Pensions.
By Mr. CORNYN (for himself, Mr. Alexander, Mr. Bunning,
Mr. DeMint, Mrs. Dole, Mr. Graham, Mr. Hatch, Mr.
Martinez, Mr. Roberts, and Mr. Sessions):
S. 2878. A bill to amend the Labor-Management Reporting and
Disclosure Act of 1959 to provide for specified civil
penalties for violations of that Act, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
By Mr. SALAZAR:
S. 2879. A bill to provide for orderly and balanced
development of energy resources within the Roan Plateau
Planning Area of Colorado, and for other purposes; to the
Committee on Energy and Natural Resources.
By Mr. GREGG:
S. 2880. A bill to provide that funds made available for
reconstruction assistance for Iraq may be made available only
to the extent that the Government of Iraq matches such
assistance on a dollar-for-dollar basis, and for other
purposes; to the Committee on Foreign Relations.
By Mr. DURBIN:
S. 2881. A bill to establish national standards for
discharges from cruise vessels into the waters of the United
States, and for other purposes; to the Committee on Commerce,
Science, and Transportation.
By Ms. SNOWE (for herself, Ms. Collins, and Mr.
Isakson):
S. 2882. A bill to amend title 10, United States Code, to
provide for the presentation of a flag of the United States
to the children of members of the Armed Forces who die in
service; to the Committee on Armed Services.
By Mr. ROCKEFELLER (for himself and Mr. Byrd):
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; to the Committee on Banking,
Housing, and Urban Affairs.
By Ms. COLLINS (for herself and Mr. Hatch):
S. 2884. A bill to amend the Internal Revenue Code of 1986
to provide incentives to improve America's research
competitiveness, and for other purposes; to the Committee on
Finance.
By Ms. SNOWE (for herself, Mr. Kerry, Mr. Smith, and
Mr. Brown):
S. 2885. A bill to amend the Internal Revenue Code of 1986
to expand the availability of industrial development bonds to
facilities manufacturing intangible property; to the
Committee on Finance.
By Mr. BAUCUS (for himself, Mr. Grassley, Mr. Salazar,
Mr. Schumer, Ms. Stabenow, Mr. Smith, Mr. Crapo, Mr.
Rockefeller, Mr. Kyl, and Ms. Snowe):
S. 2886. A bill to amend the Internal Revenue Code of 1986
to amend certain expiring provisions; to the Committee on
Finance.
By Mr. BROWN (for himself, Mr. Kerry, and Mr.
Lieberman):
S. 2887. A bill to direct the Secretary of Homeland
Security to conduct a survey to determine the level of
compliance with national consensus standards and any barriers
to achieving compliance with such standards, and for other
purposes; to the Committee on Homeland Security and
Governmental Affairs.
By Mr. KOHL (for himself, Ms. Collins, and Mrs.
Lincoln):
S. 2888. A bill to protect the property and security of
homeowners who are subject to foreclosure proceedings, and
for other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
By Mr. AKAKA (by request):
S. 2889. A bill to amend title 38, United States Code, to
improve veterans' health care benefits, and for other
purposes; to the Committee on Veterans' Affairs.
By Mr. McCAIN (for himself, Mr. Kyl, Mr. Burr, Mr.
Graham, Mr. Martinez, Mr. Warner, Mr. Chambliss, Mr.
Lieberman, and Mr. Sununu):
S. 2890. A bill to amend the Internal Revenue Code of 1986
to provide for a highway fuel tax holiday; to the Committee
on Finance.
By Mr. KENNEDY (for himself, Mrs. Clinton, Mr. Obama,
Mr. Brown, Mr. Feingold, and Mr. Schumer):
S. 2891. A bill to amend the National Labor Relations Act
to apply the protections of the Act to teaching and research
assistants; to the Committee on Health, Education, Labor, and
Pensions.
____________________
SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS
The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:
By Mr. BROWNBACK (for himself, Mr. Casey, Mr. McCain,
Mr. Coleman, Mr. Burr, Ms. Collins, Mr. Domenici,
Mrs. Dole, Mrs. Hutchison, Mr. Craig, Ms. Murkowski,
Mr. Thune, Mr. Chambliss, Mr. Enzi, Ms. Mikulski, Mr.
Hatch, Mr. Roberts, and Mr. Allard):
S. Res. 519. A resolution welcoming Pope Benedict XVI to
the United States and recognizing the unique insights his
moral and spiritual reflections bring to the world stage;
considered and agreed to.
By Mrs. FEINSTEIN (for herself, Ms. Collins, Ms.
Cantwell, Mr. Lieberman, Mrs. Clinton, Mr. Kerry, Mr.
Brown, Ms. Snowe, Mr. Levin, Mrs. Boxer, and Mr.
Feingold):
S. Res. 520. A resolution designating May 16, 2008, as
``Endangered Species Day''; to the Committee on the
Judiciary.
By Mr. REID (for himself and Mr. McConnell):
S. Res. 521. A resolution authorizing the taking of a
photograph in the Chamber of the United States Senate;
considered and agreed to.
By Mr. REID (for himself, Mr. McConnell, Mr. Akaka, Mr.
Alexander, Mr. Allard, Mr. Barrasso, Mr. Baucus, Mr.
Bayh, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mr. Bond,
Mrs. Boxer, Mr. Brown, Mr. Brownback, Mr. Bunning,
Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr.
Carper, Mr. Casey, Mr. Chambliss, Mrs. Clinton, Mr.
Coburn, Mr. Cochran, Mr. Coleman, Ms. Collins, Mr.
Conrad, Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo,
Mr. DeMint, Mr. Dodd, Mrs. Dole, Mr. Domenici, Mr.
Dorgan, Mr. Durbin, Mr. Ensign, Mr. Enzi, Mr.
Feingold, Mrs. Feinstein, Mr. Graham, Mr. Grassley,
Mr. Gregg, Mr. Hagel, Mr. Harkin, Mr. Hatch, Mrs.
Hutchison, Mr. Inhofe, Mr. Inouye, Mr. Isakson, Mr.
Johnson, Mr. Kennedy, Mr. Kerry, Ms. Klobuchar, Mr.
Kohl, Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, Mr.
Leahy, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, Mr.
Lugar, Mr. Martinez, Mr. McCain, Mrs. McCaskill, Mr.
Menendez, Ms. Mikulski, Ms. Murkowski, Mrs. Murray,
Mr. Nelson of Florida, Mr. Nelson of Nebraska, Mr.
Obama, Mr. Pryor, Mr. Reed, Mr. Roberts, Mr.
Rockefeller, Mr. Salazar, Mr. Sanders, Mr. Schumer,
Mr. Sessions, Mr. Shelby, Mr. Smith, Ms. Snowe, Mr.
Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu, Mr.
Tester, Mr. Thune, Mr. Vitter, Mr. Voinovich, Mr.
Warner, Mr. Webb, Mr. Whitehouse, Mr. Wicker, and Mr.
Wyden):
S. Res. 522. A resolution recognizing the 60th anniversary
of the founding of the modern State of Israel and reaffirming
the bonds of close friendship and cooperation between the
United States and Israel; to the Committee on Foreign
Relations.
____________________
ADDITIONAL COSPONSORS
S. 22
At the request of Mr. Webb, the names of the Senator from Washington
(Ms. Cantwell) and the Senator from Michigan (Mr. Levin) were added as
cosponsors of S. 22, a bill to amend title 38, United States Code, to
establish a program of educational assistance for members of the Armed
Forces who serve in the Armed Forces after September 11, 2001, and for
other purposes.
S. 400
At the request of Mr. Sununu, the name of the Senator from Montana
(Mr. Tester) 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 health insurance
coverage, and for other purposes.
S. 648
At the request of Mr. Chambliss, the name of the Senator from Maine
(Ms. Collins) was added as a cosponsor of S. 648, a bill to amend title
10, United States Code, to reduce the eligibility age for receipt of
non-regular military service retired pay for members of the Ready
Reserve in active federal status or on active duty for significant
periods.
S. 661
At the request of Mrs. Clinton, the name of the Senator from Illinois
(Mr. Durbin) was added as a cosponsor of S. 661, a bill to establish
kinship navigator programs, to establish guardianship assistance
payments for children, and for other purposes.
S. 901
At the request of Mr. Kennedy, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of S. 901, a bill to
amend the Public Health Service Act to provide additional
authorizations of appropriations for the health centers program under
section 330 of such Act.
[[Page 6359]]
S. 911
At the request of Mr. Reed, the names of the Senator from Missouri
(Mrs. McCaskill) and the Senator from Colorado (Mr. Allard) were added
as cosponsors of S. 911, a bill to amend the Public Health Service Act
to advance medical research and treatments into pediatric cancers,
ensure patients and families have access to the current treatments and
information regarding pediatric cancers, establish a population-based
national childhood cancer database, and promote public awareness of
pediatric cancers.
S. 963
At the request of Mr. Menendez, the name of the Senator from
Tennessee (Mr. Corker) was added as a cosponsor of S. 963, a bill to
authorize the Secretary of Education to make grants to educational
organizations to carry out educational programs about the Holocaust.
S. 999
At the request of Mr. Cochran, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. 999, a bill to amend the
Public Health Service Act to improve stroke prevention, diagnosis,
treatment, and rehabilitation.
S. 1051
At the request of Mr. Dodd, the name of the Senator from Arizona (Mr.
McCain) was added as a cosponsor of S. 1051, a bill to authorize
National Mall Liberty Fund D.C. to establish a memorial on Federal land
in the District of Columbia at Constitution Gardens previously approved
to honor free persons and slaves who fought for independence, liberty,
and justice for all during the American Revolution.
S. 1445
At the request of Mr. Kennedy, the names of the Senator from Hawaii
(Mr. Inouye) and the Senator from Oregon (Mr. Smith) were added as
cosponsors of S. 1445, a bill to amend the Public Health Service Act to
direct the Secretary of Health and Human Services to establish,
promote, and support a comprehensive prevention, research, and medical
management referral program for hepatitis C virus infection.
S. 1556
At the request of Mr. Smith, the name of the Senator from New York
(Mrs. Clinton) was added as a cosponsor of S. 1556, a bill to amend the
Internal Revenue Code of 1986 to extend the exclusion from gross income
for employer-provided health coverage to designated plan beneficiaries
of employees, and for other purposes.
S. 1605
At the request of Mr. Conrad, the name of the Senator from Alaska
(Ms. Murkowski) was added as a cosponsor of S. 1605, a bill to amend
title XVIII of the Social Security Act to protect and preserve access
of Medicare beneficiaries in rural areas to health care providers under
the Medicare program, and for other purposes.
S. 1693
At the request of Mr. Kennedy, the name of the Senator from North
Carolina (Mrs. Dole) was added as a cosponsor of S. 1693, a bill to
enhance the adoption of a nationwide interoperable health information
technology system and to improve the quality and reduce the costs of
health care in the United States.
S. 1779
At the request of Mr. Tester, the names of the Senator from Montana
(Mr. Baucus) and the Senator from New Mexico (Mr. Bingaman) were added
as cosponsors of S. 1779, a bill to establish a program for tribal
colleges and universities within the Department of Health and Human
Services and to amend the Native American Programs Act of 1974 to
authorize the provision of grants and cooperative agreements to tribal
colleges and universities, and for other purposes.
S. 1780
At the request of Mr. Rockefeller, the name of the Senator from
Mississippi (Mr. Wicker) was added as a cosponsor of S. 1780, a bill to
require the FCC, in enforcing its regulations concerning the broadcast
of indecent programming, to maintain a policy that a single word or
image may be considered indecent.
S. 1951
At the request of Mr. Baucus, the name of the Senator from Maryland
(Ms. Mikulski) was added as a cosponsor of S. 1951, a bill to amend
title XIX of the Social Security Act to ensure that individuals
eligible for medical assistance under the Medicaid program continue to
have access to prescription drugs, and for other purposes.
S. 2035
At the request of Mr. Specter, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 2035, a bill to
maintain the free flow of information to the public by providing
conditions for the federally compelled disclosure of information by
certain persons connected with the news media.
S. 2059
At the request of Mrs. Feinstein, her name was added as a cosponsor
of S. 2059, a bill to amend the Family and Medical Leave Act of 1993 to
clarify the eligibility requirements with respect to airline flight
crews.
At the request of Mr. Byrd, his name was added as a cosponsor of S.
2059, supra.
S. 2279
At the request of Mr. Biden, the name of the Senator from California
(Mrs. Boxer) was added as a cosponsor of S. 2279, a bill to combat
international violence against women and girls.
S. 2465
At the request of Mr. Kennedy, the name of the Senator from Oregon
(Mr. Wyden) was added as a cosponsor of S. 2465, a bill to amend title
XIX of the Social Security Act to include all public clinics for the
distribution of pediatric vaccines under the Medicaid program.
S. 2569
At the request of Mrs. Boxer, the names of the Senator from Maine
(Ms. Collins) and the Senator from Hawaii (Mr. Inouye) were added as
cosponsors of S. 2569, a bill to amend the Public Health Service Act to
authorize the Director of the National Cancer Institute to make grants
for the discovery and validation of biomarkers for use in risk
stratification for, and the early detection and screening of, ovarian
cancer.
S. 2687
At the request of Mr. Rockefeller, the name of the Senator from
Vermont (Mr. Sanders) was added as a cosponsor of S. 2687, a bill to
amend title XVIII of the Social Security Act to enhance beneficiary
protections under parts C and D of the Medicare program.
S. 2689
At the request of Mr. Smith, the name of the Senator from Mississippi
(Mr. Cochran) was added as a cosponsor of S. 2689, a bill to amend
section 411h of title 37, United States Code, to provide travel and
transportation allowances for family members of members of the
uniformed services with serious inpatient psychiatric conditions.
S. 2736
At the request of Mr. Kohl, the name of the Senator from Michigan
(Mr. Levin) was added as a cosponsor of S. 2736, a bill to amend
section 202 of the Housing Act of 1959 to improve the program under
such section for supportive housing for the elderly, and for other
purposes.
S. 2744
At the request of Mr. Voinovich, the name of the Senator from Georgia
(Mr. Isakson) was added as a cosponsor of S. 2744, a bill to amend the
Workforce Investment Act of 1998 to increase the Nation's
competitiveness and enhance the workforce investment systems by
authorizing the implementation of Workforce Innovation in Regional
Economic Development plans, the integration of appropriate programs and
resources as part of such plans, and the provision of supplementary
grant assistance and additional related activities, and for other
purposes.
S. 2755
At the request of Mrs. Murray, the name of the Senator from
California (Mrs. Boxer) was added as a cosponsor of S. 2755, a bill to
provide funding for summer youth jobs.
S. 2770
At the request of Mrs. Feinstein, the names of the Senator from
Connecticut (Mr. Lieberman) and the Senator from
[[Page 6360]]
Michigan (Mr. Levin) were added as cosponsors of S. 2770, a bill to
amend the Federal Meat Inspection Act to strengthen the food safety
inspection system by imposing stricter penalties for the slaughter of
nonambulatory livestock.
S. 2774
At the request of Mr. Leahy, the name of the Senator from Indiana
(Mr. Lugar) was added as a cosponsor of S. 2774, a bill to provide for
the appointment of additional Federal circuit and district judges, and
for other purposes.
S. 2817
At the request of Mr. Salazar, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 2817, a bill to establish
the National Park Centennial Fund, and for other purposes.
S. 2819
At the request of Mr. Rockefeller, the names of the Senator from
Hawaii (Mr. Akaka) and the Senator from Pennsylvania (Mr. Casey) were
added as cosponsors of S. 2819, a bill to preserve access to Medicaid
and the State Children's Health Insurance Program during an economic
downturn, and for other purposes.
S. RES. 506
At the request of Mr. Nelson of Nebraska, the name of the Senator
from Arkansas (Mrs. Lincoln) was added as a cosponsor of S. Res. 506, a
resolution expressing the sense of the Senate that funding provided by
the United States to the Government of Iraq in the future for
reconstruction and training for security forces be provided as a loan
to the Government of Iraq.
S. RES. 515
At the request of Mr. Whitehouse, the names of the Senator from
Vermont (Mr. Leahy), the Senator from Massachusetts (Mr. Kennedy), the
Senator from Massachusetts (Mr. Kerry), the Senator from Vermont (Mr.
Sanders) and the Senator from Washington (Ms. Cantwell) were added as
cosponsors of S. Res. 515, a resolution commemorating the life and work
of Dith Pran.
____________________
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REID (for Mrs. Clinton):
S. 2877. A bill to improve and enhance research and programs on
cancer survivorship, and for other purposes; to the Committee on
Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, I rise to introduce the Pediatric,
Adolescent, and Young Adult Cancer Survivorship and Quality of Life
Act, legislation introduced on the House side by Representatives Solis
and Bono.
The National Cancer Institute estimates that there are more than 10
million cancer survivors in the United States. Advances in medical
research have resulted in earlier diagnoses, more effective treatments,
and improvements in medical outcomes for Americans with cancer.
These advances in cancer care are especially evident when examining
our gains for pediatric cancers. The 5-year survival rate for children
with cancer has improved markedly over the past decades, from 56
percent for those diagnosed in the mid-1970s to 79 percent for those
diagnosed between 1995 and 2000. There are now more than 270,000
childhood cancer survivors in the U.S., and that number is expected to
increase as we gain a better understanding of pediatric cancers and
ways to treat them.
But in the years that we have made these gains in addressing cancer
in children, we have also learned that many of these survivors
experience what are known as ``late effects'' resulting from either the
cancer or its treatment. These late effects include things like
additional cancers, osteoporosis, heart problems and reduced lung
capacity. As many as a quarter of childhood cancer survivors experience
late effects that are serious or life-threatening. We must be doing
more to ensure that the quality of life of children who have survived
cancer is as high as possible, and that life-saving treatments result
in as few long-term side effects as possible.
It is also important to note that health care disparities also impact
pediatric cancer care and survivorship. African-Americans, Hispanics,
and Asian/Pacific Islander children have higher rates of certain
cancers than their white counterparts. In addition, due to disparities
in access to care, these individuals may fail to receive adequate
treatments for late effects of cancers. We need to improve our efforts
to ensure that racial and ethnic disparities are eliminated from cancer
care.
In a 2005 report, titled ``From Cancer Patient to Cancer Survivor:
Lost in Transition'', the Institute of Medicine, IOM, recommended
several measures we can take as a nation to improve the quality of life
for children and young adults who are impacted by cancer. The
legislation that I am introducing today will allow us to implement some
of those recommendations, including expansion of cancer control and
surveillance programs, increasing research in survivorship, and
developing model systems of care and monitoring for cancer survivors.
It will also create grants to establish childhood cancer survivorship
clinics, and help childhood cancer organizations expand and improve
their work in providing care and treatment.
I look forward to working with my colleagues in the Senate to ensure
that we address the needs of cancer survivors throughout the lifespan,
and help to improve the quality of life for the many children and
families that struggle with a cancer diagnosis.
______
By Mr. SALAZAR:
S. 2879. A bill to provide for orderly and balanced development of
energy resources within the Roan Plateau Planning Area of Colorado, and
for other purposes; to the Committee on Energy and Natural Resources.
Mr. SALAZAR. Mr. President, I rise today to introduce legislation to
ensure responsible development of the energy resources under Colorado's
Roan Plateau in a manner that minimizes the adverse impacts on its
unique ecological resources while maximizing the financial returns to
the State of Colorado and to our country. This legislation was
developed jointly with my colleagues Representative John Salazar and
Representative Mark Udall, who plan to introduce the legislation today
in the House.
The Roan Plateau, an area of pristine wilderness in northwestern
Colorado, rises 3,500 feet out of the Colorado River Valley. It boasts
native cutthroat trout streams and has some of the best winter elk and
mule deer habitat left in the heavily developed Piceance Basin. The
Roan has long been a favorite destination for hunters and anglers. The
mule deer, elk, black bear, and native trout that find habitat on top
and at the base of the Roan Plateau are an economic engine all their
own, drawing tourism and recreation dollars to towns like Glenwood
Springs, Rifle, Silt, and Parachute.
Recently the Department of Interior's Bureau of Land Management,
which oversees the public lands on the Roan and the minerals beneath
them, announced that it is opening these lands for energy development.
Under the BLM plan, 67,000 acres of public lands on and around the Roan
Plateau will be open for natural gas drilling as soon as this year. We
in Colorado are blessed to be home to significant energy resources, and
tapping these resources is important to sustain our Nation's energy
needs and invigorate the Colorado State economy. But in its current
form, the BLM plan lacks adequate protections for the Roan's land,
water, and wildlife--the very things that support the outfitters,
guides, hotels and restaurants in the area. And by proposing to lease
all of the undeveloped public lands at once, the BLM plan would sell
Colorado short.
Drilling is already happening on roughly half of the plateau that is
either owned or leased by the natural gas industry. Without question,
western Colorado is experiencing a boom in energy development. During
the decade of the 1990s, the average number of completed gas wells per
year in Garfield County--the home of the Roan--was 80. The number of
completed wells has climbed rapidly since 2000, setting a new high each
year. In 2006, 840 new wells were completed in Garfield County. This
rapid expansion of activity has created new jobs in the region, but has
[[Page 6361]]
also stoked new conflicts between the energy values and environmental,
ecological, and recreation values of these lands. The impacts of this
development are being felt by landowners and outdoor enthusiasts alike.
Sportsmen have watched as public hunting areas, habitat, and important
watersheds have been irreparably degraded as a result of widespread
development.
With this level of development occurring we must ensure that the most
pristine areas of the plateau that remain are protected, that oil and
gas development in the region occurs with minimal disturbance, and that
Colorado receives the best possible financial return on any oil and gas
leases.
Our legislation has three main functions that work to address these
issues. First, it requires phased leasing on top of the plateau to
maximize state revenues and better protect wildlife habitat and the
environment. Second, it ensures protection of critical cutthroat trout
watersheds and other wildlife habitat on top and around the base of the
Roan Plateau. Lastly, it contains a conforming amendment to the
Transfer Act to ensure that Colorado receives its fair share of leasing
revenues rather than directing this money, as the Transfer Act
specifies, to the Anvil Points cleanup fund, which is in surplus.
The phased leasing provision requires BLM to lease less sensitive
areas outside of cutthroat trout watersheds first, rather than leasing
all available development areas at once. In selecting areas for
leasing, BLM must take into consideration various factors designed to
maximize leasing revenues and to minimize the environmental and
ecological impacts of development. Phased leasing will generate higher
per-lease bids from industry--and more money for the Treasury and
Colorado--than the current BLM plan to lease the entire designated
development areas at once.
The special protection provisions of the bill expand BLM's designated
``Areas of Critical Environmental Concern,'' ACECs, to include the
headwaters of Northwater Creek and the East Fork of Parachute Creek
above the confluence with First Anvil Creek--both of which are critical
native cutthroat trout watersheds. The bill also permits gas
development activities on top of the plateau outside ACECs that are
within development corridors along existing ridge-top roads on slopes
not exceeding 20 percent. These measures will protect critical elk and
mule deer habitat around the base of the plateau, while allowing
development and recovery of the available natural gas under the Roan.
In 1907, President Teddy Roosevelt told a crowd that, ``In utilizing
and conserving the natural resources of the Nation the one
characteristic more essential than any other is foresight. The
conservation of our natural resources and their proper use constitute
the fundamental problem which underlies almost every other problem of
our national life.'' President Roosevelt's wisdom--over a century
later--is as valuable as ever to a Nation committed to protecting its
land and water, but that is in dire need of affordable, domestic
sources of energy.
The Roan is a special place. Protecting our State's last few
remaining wild spaces, maximizing oil and gas leasing revenues from
these areas and supporting the communities that surround them need not
be at odds. This bill will replace BLM's plan with a better, more
balanced approach that will protect the most critical areas on the top
of the Roan and provide the most benefit to the State of Colorado.
______
By Mr. DURBIN:
S. 2881. A bill to establish national standards for discharges from
cruise vessels into the waters of the United States, and for other
purposes; to the Committee on Commerce, Science, and Transportation.
Mr. DURBIN. Mr. President, if I said there was an industry that
generates millions of gallons of wastewater every day and that can dump
that waste with virtually no oversight, you might think that I was
recalling the days before the Clean Water Act. The truth is, though,
that such an industry exists today. I am talking about cruise ships.
That is why I am introducing the Clean Cruise Ship Act of 2008. This
bill will require cruise ships to upgrade their wastewater treatment
systems to meet the standards of today's best available technology,
which has been shown to significantly reduce the amount of pollutants
discharged from ships. This technology is already being used
successfully on cruise ships in Alaska, thanks to that State's forward-
thinking regulations.
The problem is real. The number of cruise ship passengers has been
growing nearly twice as fast as any other mode of travel. In the U.S.
alone the numbers are approaching ten million passengers a year. Some
of these ships can carry 3,000 passengers. That is the size of a small
city. As cities do, these ships produce massive amounts of waste--over
200,000 gallons of sewage each week; a million gallons of graywater
from galleys, laundry, and showers; and over 35,000 gallons of oily
bilge water that collects in ship bottoms.
Wastewater from cities, of course, is highly regulated. America
wouldn't tolerate anything less. A city cannot simply dump waste into
our waterways. We've seen, of course, what happens when municipal
wastewater treatment systems are poorly operated or break down. People
fall ill, beaches are closed, and ecosystems are harmed.
So what's the story for waste from cruise ships? Let us start with
``black water'' sewage--human body wastes and other toilet waste.
Within three miles of shore, vessels can discharge this waste provided
that a ``marine sanitation device'' is installed. The Environmental
Protection Agency released a draft report in December, however, that
concluded that these systems simply don't work. These sewage treatment
devices leave discharges that consistently exceed national effluent
standards for fecal coliform and other pathogens and pollutants. In
fact, fecal coliform levels in effluent are typically 20 to 200 times
greater than in untreated domestic wastewater.
Beyond three miles from shore there are no restrictions on sewage
discharge. Cruise ships are free to dump their sewage and foul U.S.
waters with impunity.
The situation for graywater may be even more serious. Except in
Alaska, cruise ship graywater requires no treatment whatsoever before
being discharged, and there are no restrictions on where that dumping
can be done. Yet graywater from sinks, tubs, and kitchens contains
large amounts of pathogens and pollutants--amounts that would never be
tolerated from a land-based business. Fecal coliform concentrations,
for example, are ten to a thousand times greater than those in
untreated domestic wastewater. These pollutants sicken our marine
ecosystems, wash up onto our beaches, and contaminate food and
shellfish that end up on our dinner plates.
The Clean Cruise Ship Act seeks to solve this oversight in the
current regulations, just as Alaska State law has done. No discharges
whatsoever would be allowed within 12 miles of shore. Beyond twelve
miles, discharges of sewage, graywater, and bilge water would be
allowed, provided that they meet national effluent limits consistent
with the best available technology. That technology works and is
commercially available now. The recent Environmental Protection Agency
study found that these ``advanced wastewater treatment'' systems
effectively remove pathogens, suspended solids, metals, and oil and
grease.
Under this legislation, the release of raw, untreated sewage would be
banned everywhere. No dumping would be allowed of sewage sludge and
incinerator ash in U.S. waters. All cruise ships calling on U.S. ports
would have to dispose of hazardous waste in accordance to the Resource
Conservation and Recovery Act. The bill would establish inspection and
enforcement mechanisms to ensure compliance.
There is one thing at this point I'd like to make clear. Many of us
here have been working hard to stop aquatic invasive species that slip
into our lakes and coastal waters in discharged ballast water. Alien
species that have escaped into U.S. waters are causing
[[Page 6362]]
massive harm. We have to do everything in our power to prevent new
invasive species from getting loose.
With this in mind, many of us have been closely watching court cases
surrounding the Environmental Protection Agency's responsibility for
regulating ballast water under the Clean Water Act. That litigation may
have implications for cruise ship wastewater pollution.
I have no intention of interfering with this court case. Likewise, I
want to emphasize that this bill in no way undermines the provisions of
the Clean Water Act that deal with discharges of pollution into the
nation's waters. I have always supported the Clean Water Act. It will
continue to be an important tool that, in conjunction with the Clean
Cruise Ship Act, can significantly reduce wastewater pollution from
cruise ships.
The protection of U.S. waters is vital to our Nation's health and
economy. There are 4.5 million square miles of ocean in the U.S.
territorial seas--23 percent larger than our Nation's landmass. That's
more than any other country has. Cruise ship wastewater threatens the
very environments that family vacationers want to visit. Current
regulations and voluntary guidelines for the cruise ship industry just
aren't good enough. No other industry is allowed to pollute our waters
at will. The cruise ship industry is growing at nearly 5 percent each
year, which means that the problem is growing, as well.
Uncontrolled dumping of cruise ship pollution must stop. We can
achieve that goal with the Clean Cruise Ship Act. I recognize, though,
that there may be other valid approaches. I encourage my colleagues to
work with me to pass legislation this year that will put a stop to the
dumping of hazardous pollutants along our coasts. Together we can clean
up this major source of pollution that is harming our waters.
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. 2881
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 ``Clean
Cruise Ship 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. Findings and purposes.
Sec. 3. Definitions.
Sec. 4. Prohibitions on the discharge of sewage, graywater, bilge
water, sewage sludge, incinerator ash, and hazardous
waste.
Sec. 5. Effluent limits for discharges of sewage, graywater, and bilge
water.
Sec. 6. Alaskan cruise vessels.
Sec. 7. Inspection and sampling.
Sec. 8. Employee protection.
Sec. 9. Judicial review.
Sec. 10. Enforcement.
Sec. 11. Citizen suits.
Sec. 12. Sense of Congress on ballast water.
Sec. 13. Sense of Congress on air pollution.
Sec. 14. Funding.
Sec. 15. Effect on other law.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) Cruise vessels carry millions of people through North
American waters each year, showcase some of the most
beautiful ocean areas in the United States, and provide
opportunities for passengers to relax and enjoy the oceans
and marine ecosystems.
(2) A single cruise vessel generates a tremendous amount of
waste each week, including an estimated 140,000 to 210,000
gallons of blackwater (sewage) and 1,000,000 gallons of
graywater (including wastewater from dishwashers, showers,
laundry, baths, and washbasins). Onboard amenities such as
photo-processing, dry-cleaning, and hairdressing also
generate hazardous waste streams.
(3) In its final report, ``An Ocean Blueprint for the 21st
Century'', released in 2004, the United States Commission on
Ocean Policy found that these waste streams and the
cumulative impacts caused when cruise vessels repeatedly
visit the same environmentally sensitive areas, ``if not
properly disposed of and treated, can be a significant source
of pathogens and nutrients with the potential to threaten
human health and damage shellfish beds, coral reefs, and
other aquatic life,'' thus threatening the very environments
cruise vessel passengers seek to explore.
(4) The cruise industry has grown by more than 6 percent
annually since 2003 and is projected to continue growing.
Cruise vessel capacity is also expanding dramatically; today
cruise vessels can transport 5,000 passengers and crew
members, but the next generation of cruise vessels is
expected to carry 7,000 passengers and crew members. As the
total number of passengers increases and the number of
passengers per ship increases, the volume of waste entering
these ocean ecosystems and the impact of that waste on ocean
ecosystems will also increase.
(5) In a 2005 report requested by the International Council
of Cruise Lines, the Ocean Conservation and Tourism Alliance
(OCTA) Science Panel recommended that ``[a]ll blackwater
should be treated'', that discharging treated blackwater
should be ``avoided in ports, close to bathing beaches or
water bodies with restricted circulation, flushing or
inflow'', and that blackwater should not be discharged within
4 nautical miles of shellfish beds, coral reefs, or other
sensitive habitats.
(6) The OCTA Science Panel further recommended that
graywater be treated in the same manner as blackwater and
that sewage sludge be off-loaded to approved land-based
facilities.
(7) The United States lacks a comprehensive wastewater
management policy for large passenger vessels, and a new
statutory regime for managing wastewater discharges from
large passenger vessels that applies throughout the United
States is needed to protect coastal and ocean areas from
pollution generated by cruise vessels, to reduce and better
regulate discharges from cruise vessels, and to improve
monitoring, reporting, and enforcement of standards regarding
discharges.
(b) Purpose.--The purpose of this Act is to protect the
health and beauty of the marine and coastal ecosystems that
cruise passengers enjoy, by--
(1) prohibiting the discharge of any untreated sewage,
graywater, or bilge water from a cruise vessel calling on a
port of the United States into the waters of the United
States;
(2) prohibiting the discharge of any sewage sludge,
incinerator ash, or hazardous waste from a cruise vessel
calling on a port of the United States into the waters of the
United States;
(3) establishing new national effluent limits for the
discharge of treated sewage, treated graywater, and treated
bilge water from cruise vessels not less than 12 miles from
shore in any case in which the discharge is not within an
area in which discharges are prohibited; and
(4) ensuring that cruise vessels calling on ports of the
United States comply with all applicable environmental laws.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Bilge water.--The term ``bilge water'' means waste
water that includes lubrication oils, transmission oils, oil
sludge or slops, fuel or oil sludge, used oil, used fuel or
fuel filters, or oily waste.
(3) Citizen.--The term ``citizen'' means a person that has
an interest that is or may be adversely affected by any
provision of this Act.
(4) Commandant.--The term ``Commandant'' means the
Commandant of the Coast Guard.
(5) Cruise vessel.--The term ``cruise vessel''--
(A) means a passenger vessel (as defined in section
2101(22) of title 46, United States Code), that--
(i) is authorized to carry at least 250 passengers; and
(ii) has onboard sleeping facilities for each passenger;
and
(B) does not include--
(i) a vessel of the United States operated by the Federal
Government; or
(ii) a vessel owned and operated by the government of a
State.
(6) Discharge.--The term ``discharge''--
(A) means a release, however caused, of bilge water,
graywater, hazardous waste, incinerator ash, sewage, or
sewage sludge from a cruise vessel; and
(B) includes any escape, disposal, spilling, leaking,
pumping, emitting, or emptying of a substance described in
subparagraph (A).
(7) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 107 of
title 46, United States Code.
(8) Graywater.--The term ``graywater'' means galley,
dishwasher, bath, spa, pool, and laundry waste water.
(9) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario; or
(E) Lake Superior.
(10) Hazardous waste.--The term ``hazardous waste'' has the
meaning given that term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(11) Incinerator ash.--The term ``incinerator ash'' means
ash generated during the incineration of solid waste or
sewage sludge.
[[Page 6363]]
(12) No discharge zones.--The term ``no discharge zones''
means important ecological areas including marine
sanctuaries, marine protected areas, marine reserves, marine
national monuments, national parks, and national wildlife
refuges.
(13) Passenger.--The term ``passenger'' means a paying
passenger.
(14) Person.--The term ``person'' means--
(A) an individual;
(B) a corporation;
(C) a partnership;
(D) a limited liability company;
(E) an association;
(F) a State;
(G) a municipality;
(H) a commission or political subdivision of a State; or
(I) an Indian tribe.
(15) Sewage.--The term ``sewage'' means--
(A) human body wastes; and
(B) the wastes from toilets and other receptacles intended
to receive or retain human body wastes.
(16) Sewage sludge.--The term ``sewage sludge''--
(A) means any solid, semi-solid, or liquid residue removed
during the treatment of on-board sewage;
(B) includes--
(i) solids removed during primary, secondary, or advanced
waste water treatment;
(ii) scum;
(iii) septage;
(iv) portable toilet pumpings;
(v) type III marine sanitation device pumpings (as defined
in part 159 of title 33, Code of Federal Regulations); and
(vi) sewage sludge products; and
(C) does not include--
(i) grit or screenings; or
(ii) ash generated during the incineration of sewage
sludge.
(17) Territorial sea.--The term ``territorial sea''--
(A) means the belt of the sea extending 12 nautical miles
from the baseline of the United States determined in
accordance with international law, as set forth in
Presidential Proclamation number 5928, dated December 27,
1988; and
(B) includes the waters lying seaward of the line of
ordinary low water and extending to the baseline of the
United States, as determined under subparagraph (A).
(18) Waters of the united states.--The term ``waters of the
United States'' means the waters of the territorial sea, the
exclusive economic zone, and the Great Lakes.
SEC. 4. PROHIBITIONS ON THE DISCHARGE OF SEWAGE, GRAYWATER,
BILGE WATER, SEWAGE SLUDGE, INCINERATOR ASH,
AND HAZARDOUS WASTE.
(a) Prohibitions on Discharge of Sewage, Graywater, and
Bilge Water.--Except as provided in subsection (c) or section
6, no cruise vessel calling on a port of the United States
may discharge sewage, graywater, or bilge water into the
waters of the United States, unless--
(1) the effluent of treated sewage, treated graywater, or
treated bilge water meets all applicable effluent limits
established under this Act and is in accordance with all
other applicable laws;
(2) the cruise vessel is underway and proceeding at a speed
of not less than 6 knots;
(3) the cruise vessel is not less than 12 nautical miles
from shore;
(4) the cruise vessel is not discharging in no discharge
zones; and
(5) the cruise vessel complies with all applicable
management standards established under this Act.
(b) Prohibition on Discharge of Sewage Sludge, Incinerator
Ash, and Hazardous Waste.--No sewage sludge, incinerator ash,
or hazardous waste may be discharged into the waters of the
United States. Such sewage sludge, incinerator ash, and
hazardous waste shall be off-loaded at an appropriate land-
based facility.
(c) Safety Exception.--
(1) Scope of exception.--The provisions of subsections (a)
and (b) shall not apply in any case in which--
(A) a discharge is made solely for the purpose of securing
the safety of the cruise vessel or saving a human life at
sea; and
(B) all reasonable precautions have been taken to prevent
or minimize the discharge.
(2) Notification of commandant.--
(A) In general.--If the owner, operator, master, or other
individual in charge of a cruise vessel authorizes a
discharge described in paragraph (1), such individual shall
notify the Commandant of the decision to authorize the
discharge as soon as practicable, but not later than 24
hours, after authorizing the discharge.
(B) Report.--Not later than 7 days after the date on which
an individual described in subparagraph (A) notifies the
Commandant of a decision to authorize a discharge under
paragraph (1), the individual shall submit to the Commandant
a report that includes--
(i) the quantity and composition of each discharge
authorized under paragraph (1);
(ii) the reason for authorizing each such discharge;
(iii) the location of the vessel during the course of each
such discharge; and
(iv) such other supporting information and data as are
requested by the Commandant.
(C) Disclosure of reports.--Upon receiving a report under
subparagraph (B), the Commandant shall--
(i) transmit a copy of the report to the Administrator; and
(ii) make the report available to the public.
SEC. 5. EFFLUENT LIMITS FOR DISCHARGES OF SEWAGE, GRAYWATER,
AND BILGE WATER.
(a) Effluent Limits.--
(1) In general.--Not later than 12 months after the date of
the enactment of this Act, the Administrator shall promulgate
effluent limits for sewage, graywater, and bilge water
discharges from cruise vessels calling on ports of the United
States.
(2) Requirements.--The effluent limits shall, at a
minimum--
(A) be consistent with the capability of the best available
technology to treat effluent;
(B) require compliance with all relevant State and Federal
water quality standards; and
(C) take into account the best available scientific
information on the environmental effects of sewage,
graywater, and bilge water discharges, including levels of
nutrients, total and dissolved metals, pathogen indicators,
oils and grease, classical pollutants, and volatile and
semivolatile organics.
(b) Minimum Limits.--The effluent limits promulgated under
subsection (a) shall require, at a minimum, that treated
sewage, treated graywater, and treated bilge water effluent
discharges from cruise vessels, measured at the point of
discharge, shall, not later than the date described in
subsection (d), meet the following standards:
(1) In general.--The discharge shall satisfy the minimum
level of effluent quality specified in section 133.102 of
title 40, Code of Federal Regulations (or a successor
regulation).
(2) Fecal coliform.--With respect to the samples from the
discharge during any 30-day period--
(A) the geometric mean of the samples shall not exceed 20
fecal coliform per 100 milliliters; and
(B) not more than 10 percent of the samples shall exceed 40
fecal coliform per 100 milliliters.
(3) Residual chlorine.--Concentrations of total residual
chlorine in samples shall not exceed 10 milligrams per liter.
(c) Review and Revision of Effluent Limits.--The
Administrator shall--
(1) review the effluent limits promulgated under subsection
(a) at least once every 5 years; and
(2) revise the effluent limits as necessary to incorporate
technology available at the time of the review in accordance
with subsection (a)(2).
(d) Compliance Date.--
(1) In general.--The date described in this subsection is--
(A) with respect to new vessels put into water after the
date of the enactment of this Act, 2 years after such date of
enactment; and
(B) with respect to vessels in use as of such date of
enactment, 5 years after such date of enactment.
(2) New vessel defined.--In this subsection, the term ``new
vessel'' means a vessel the keel of which is laid, or that is
at a similar stage of construction, on or after the date of
the enactment of this Act.
SEC. 6. ALASKAN CRUISE VESSELS.
(a) In General.--An Alaskan cruise vessel shall not be
subject to the provisions of this Act (including regulations
promulgated under this Act) until the date that is 10 years
after the date of the enactment of this Act.
(b) Definition of Alaskan Cruise Vessel.--In this section,
the term ``Alaskan cruise vessel'' means a cruise vessel--
(1) while the vessel is operating in waters of the State of
Alaska, as defined in section 159.305 of title 33, Code of
Federal Regulations; and
(2) that complies with all relevant laws and regulations of
the State of Alaska while in transit from a port of call
outside of the State of Alaska to the waters of the State of
Alaska.
SEC. 7. INSPECTION AND SAMPLING.
(a) Development and Implementation of Inspection Program.--
(1) In general.--The Administrator shall promulgate
regulations to implement a sampling and testing program, and
the Commandant shall promulgate regulations to implement an
inspection program, sufficient to verify that cruise vessels
calling on ports of the United States are in compliance
with--
(A) this Act (including regulations promulgated under this
Act);
(B) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) (including regulations promulgated under that Act);
(C) other applicable Federal laws and regulations; and
(D) all applicable requirements of international
agreements.
(2) Inspections.--The program shall require that--
(A) regular announced and unannounced inspections be
conducted of any relevant aspect of cruise vessel operations,
equipment, or discharges, including sampling and testing of
cruise vessel discharges; and
(B) each cruise vessel that calls on a port of the United
States be subject to an unannounced inspection at least once
per year.
(b) Regulations.--
[[Page 6364]]
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant, in consultation
with the Administrator, shall promulgate regulations that, at
a minimum--
(A) require the owner, operator, master, or other
individual in charge of a cruise vessel to maintain and
submit annually a logbook detailing the times, types,
volumes, flow rates, origins, and specific locations of, and
explanations for, any discharges from the cruise vessel;
(B) provide for routine announced and unannounced
inspections of--
(i) cruise vessel environmental compliance records and
procedures; and
(ii) the functionality and proper operation of installed
equipment for abatement and control of any cruise vessel
discharge, including equipment intended to treat sewage,
graywater, or bilge water;
(C) require the sampling and testing of cruise vessel
discharges that require the owner, operator, master, or other
individual in charge of a cruise vessel--
(i) to conduct that sampling or testing at the point of
discharge; and
(ii) to produce any records of the sampling or testing;
(D) require any owner, operator, master, or other
individual in charge of a cruise vessel who has knowledge of
a discharge from the cruise vessel in violation of this Act
(including regulations promulgated under this Act) to report
immediately the discharge to the Commandant, who shall
provide notification of the discharge to the Administrator;
and
(E) require the owner, operator, master, or other
individual in charge of a cruise vessel to provide to the
Commandant and Administrator a blueprint of each cruise
vessel that includes the location of every discharge pipe and
valve.
(2) Disclosure of logbooks.--Upon receiving a logbook
described in paragraph (1)(A), the Commandant shall--
(A) transmit a copy of the logbook to the Administrator;
and
(B) make the logbook available to the public.
(c) Evidence of Compliance.--
(1) Vessel of the united states.--
(A) In general.--A cruise vessel registered in the United
States to which this Act applies shall have a certificate of
inspection issued by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) only after the
cruise vessel has been examined and found to be in compliance
with this Act, including prohibitions on discharges and
requirements for effluent limits, as determined by the
Commandant.
(C) Validity of certificate.--A certificate issued under
this paragraph--
(i) shall be valid for a period of not more than 5 years,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(D) Special certificates.--The Commandant may issue special
certificates to certain vessels that exhibit compliance with
this Act and other best practices, as determined by the
Commandant, after public notice and comment.
(2) Foreign vessel.--
(A) In general.--A cruise vessel registered in a country
other than the United States to which this Act applies may
operate in the waters of the United States, or visit a port
or place under the jurisdiction of the United States, only if
the cruise vessel has been issued a certificate of compliance
by the Commandant.
(B) Issuance of certificate.--The Commandant may issue a
certificate described in subparagraph (A) to a cruise vessel
only after the cruise vessel has been examined and found to
be in compliance with this Act, including prohibitions on
discharges and requirements for effluent limits, as
determined by the Commandant.
(C) Acceptance of foreign documentation.--The Commandant
may consider a certificate, endorsement, or document issued
by the government of a foreign country under a treaty,
convention, or other international agreement to which the
United States is a party, in issuing a certificate of
compliance under this paragraph. Such a certificate,
endorsement, or document shall not serve as a proxy for
certification of compliance with this Act.
(D) Validity of certificate.--A certificate issued under
this section--
(i) shall be valid for a period of not more than 24 months,
beginning on the date of issuance of the certificate;
(ii) may be renewed as specified by the Commandant; and
(iii) shall be suspended or revoked if the Commandant
determines that the cruise vessel for which the certificate
was issued is not in compliance with the conditions under
which the certificate was issued.
(d) Cruise Observer Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall establish and
carry out a program for the placement of 1 or more trained
independent observers on each cruise vessel.
(2) Purposes.--The purposes of the cruise observer program
established under paragraph (1) are to monitor and inspect
cruise vessel operations, equipment, and discharges to ensure
compliance with--
(A) this Act (including regulations promulgated under this
Act); and
(B) all other relevant Federal laws, regulations, and
international agreements.
(3) Responsibilities.--An observer described in paragraph
(1) shall--
(A) observe and inspect--
(i) onboard environmental treatment systems;
(ii) use of shore-based treatment and storage facilities;
(iii) discharges and discharge practices; and
(iv) blueprints, logbooks, and other relevant information,
including fuel consumption and atmospheric emissions;
(B) have the authority to interview and otherwise query any
crew member with knowledge of vessel operations;
(C) have access to all data and information made available
to government officials under this section;
(D) immediately report any known or suspected violation of
this Act or any other applicable Federal law or international
agreement to--
(i) the Coast Guard; and
(ii) the Environmental Protection Agency; and
(E) maintain a logbook to be submitted to the Commandant
and the Administrator annually and to be made available to
the public.
(4) Adaptive management.--The program established and
carried out by the Commandant under paragraph (1) shall also
include--
(A) a method for collecting and reviewing data related to
the efficiency and operation of the program; and
(B) periodic revisions to the program based on the data
collected under subparagraph (A).
(5) Report.--Not later than 3 years after the establishment
of the program described in paragraph (1), the Commandant
shall submit to Congress a report describing--
(A) the results of the program;
(B) recommendations for optimal observer coverage; and
(C) other recommendations for improvement of the program.
(e) Onboard Monitoring System Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration, in consultation with
the Administrator and the Commandant, shall establish, and
for each of fiscal years 2008 through 2013, shall carry out,
with industry partners as necessary, a pilot program to
develop and promote commercialization of technologies to
provide real-time data to Federal agencies regarding--
(A) discharges of sewage, graywater, and bilge water from
cruise vessels; and
(B) functioning of cruise vessel components relating to
fuel consumption and control of air and water pollution.
(2) Technology requirements.--Technologies developed under
the program described in paragraph (1)--
(A) shall have the ability to record--
(i) the location and time of discharges from cruise
vessels;
(ii) the source, content, and volume of the discharges; and
(iii) the state of components relating to pollution control
at the time of the discharges, including whether the
components are operating correctly; and
(B) shall be tested on not less than 10 percent of all
cruise vessels operating in the territorial sea of the United
States, including large and small vessels.
(3) Participation of industry.--
(A) Competitive selection process.--Industry partners
willing to participate in the program may do so through a
competitive selection process conducted by the Administrator
of the National Oceanic and Atmospheric Administration.
(B) Contribution.--A selected industry partner shall
contribute not less than 20 percent of the cost of the
project in which the industry partner participates.
(4) Adaptive management.--The program established and
carried out by the Administrator of the National Oceanic and
Atmospheric Administration pursuant to paragraph (1) shall
also include--
(A) a method for collecting and reviewing data related to
the efficiency and operation of the program; and
(B) periodic revisions to the program based on the data
collected under subparagraph (A).
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Administrator of the National
Oceanic and Atmospheric Administration shall submit to
Congress a report describing--
(A) the results of the program;
(B) recommendations for continuing the program; and
(C) other recommendations for improving the program.
[[Page 6365]]
SEC. 8. EMPLOYEE PROTECTION.
(a) Prohibition of Discrimination Against Persons Filing,
Instituting, or Testifying in Proceedings Under This Act.--No
person shall terminate the employment of, or in any other way
discriminate against (or cause the termination of employment
of or discrimination against), any employee or any authorized
representative of employees by reason of the fact that the
employee or representative--
(1) has filed, instituted, or caused to be filed or
instituted any proceeding under this Act; or
(2) has testified or is about to testify in any proceeding
resulting from the administration or enforcement of the
provisions of this Act.
(b) Application for Review; Investigation; Hearings;
Review.--
(1) In general.--An employee or a representative of an
employee who believes that the termination of the employment
of the employee has occurred, or that the employee has been
discriminated against, as a result of the actions of any
person in violation of subsection (a) may, not later than 30
days after the date on which the alleged violation occurred,
apply to the Secretary of Labor for a review of the alleged
termination of employment or discrimination.
(2) Application.--A copy of an application for review filed
under paragraph (1) shall be sent to the respondent.
(3) Investigation.--
(A) In general.--On receipt of an application for review
under paragraph (1), the Secretary of Labor shall carry out
an investigation of the alleged violation.
(B) Requirements.--In carrying out this subsection, the
Secretary of Labor shall--
(i) provide an opportunity for a public hearing at the
request of any party to the review to enable the parties to
present information relating to the alleged violation;
(ii) ensure that, at least 5 days before the date of the
hearing, each party to the hearing is provided written notice
of the time and place of the hearing; and
(iii) ensure that the hearing is on the record and subject
to section 554 of title 5, United States Code.
(C) Findings of secretary.--On completion of an
investigation under this paragraph, the Secretary of Labor
shall--
(i) make findings of fact;
(ii) if the Secretary of Labor determines that a violation
did occur, issue a decision, incorporating an order and the
findings, requiring the person that committed the violation
to take such action as is necessary to abate the violation,
including the rehiring or reinstatement, with compensation,
of an employee to the former position of the employee; and
(iii) if the Secretary of Labor determines that there was
no violation, issue an order denying the application.
(D) Order.--An order issued by the Secretary of Labor under
subparagraph (C) shall be subject to judicial review in the
same manner as orders and decisions of the Administrator are
subject to judicial review under this Act.
(c) Costs and Expenses.--In any case in which an order is
issued under this section to abate a violation, at the
request of the applicant, a sum equal to the aggregate amount
of all costs and expenses (including attorneys' fees), as
determined by the Secretary of Labor, to have been reasonably
incurred by the applicant for, or in connection with, the
institution and prosecution of the proceedings, shall be
assessed against the person committing the violation.
(d) Deliberate Violations by Employees Acting Without
Direction From Employer or Agent.--This section shall not
apply to any employee who, without direction from the
employer of the employee (or agent of the employer),
deliberately violates any provision of this Act.
SEC. 9. JUDICIAL REVIEW.
(a) Review of Actions by Administrator or Commandant;
Selection of Court; Fees.--
(1) Review of actions.--
(A) In general.--Any interested person may petition for a
review, in the United States court of appeals for the circuit
in which the person resides or transacts business directly
affected by the action of which review is requested--
(i) of an action of the Administrator in promulgating any
effluent limit under section 5; or
(ii) of an action of the Commandant or the Administrator in
carrying out an inspection, sampling, or testing under
section 7.
(B) Deadline for review.--A petition for review under
subparagraph (A) shall be made--
(i) not later than 120 days after the date of promulgation
of the limit or standard with respect to which the review is
sought; or
(ii) if the petition for review is based solely on grounds
that arose after the date described in clause (i), as soon as
practicable after that date.
(2) Civil and criminal enforcement proceedings.--An action
of the Commandant or Administrator with respect to which
review could have been obtained under paragraph (1) shall not
be subject to judicial review in any civil or criminal
proceeding for enforcement of such action.
(3) Award of fees.--In any judicial proceeding under this
subsection, a court may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any
prevailing or substantially prevailing party in any case in
which the court determines such an award to be appropriate.
(b) Additional Evidence.--
(1) In general.--In any judicial proceeding instituted
under subsection (a) in which review is sought of a
determination under this Act required to be made on the
record after notice and opportunity for hearing, if any party
applies to the court for leave to introduce additional
evidence and demonstrates to the satisfaction of the court
that the additional evidence is material and that there were
reasonable grounds for the failure to introduce the evidence
in the proceeding before the Commandant or Administrator, the
court may order the additional evidence (and evidence in
rebuttal of the additional evidence) to be taken before the
Commandant or Administrator, in such manner and on such terms
and conditions as the court determines to be appropriate.
(2) Modification of findings.--On admission of additional
evidence under paragraph (1), the Commandant or
Administrator--
(A) may modify findings of fact of the Commandant or
Administrator, as the case may be, relating to a judicial
proceeding, or make new findings of fact, by reason of the
additional evidence; and
(B) shall file with the return of the additional evidence
any modified or new findings, and any related
recommendations, for the modification or setting aside of any
original determinations of the Commandant or Administrator.
SEC. 10. ENFORCEMENT.
(a) In General.--Any person that violates a provision of
section 4 or any regulation promulgated under this Act may be
assessed--
(1) a class I or class II civil penalty described in
subsection (b); or
(2) a civil penalty in a civil action under subsection (c).
(b) Amount of Administrative Penalty.--
(1) Class i.--The amount of a class I civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per violation; or
(B) $25,000 in the aggregate, in the case of multiple
violations.
(2) Class ii.--The amount of a class II civil penalty under
subsection (a)(1) may not exceed--
(A) $10,000 per day for each day during which the violation
continues; or
(B) $125,000 in the aggregate, in the case of multiple
violations.
(3) Separate violations.--Each day on which a violation
continues shall constitute a separate violation.
(4) Determination of amount.--In determining the amount of
a civil penalty under subsection (a)(1), the Commandant or
the court, as appropriate, shall consider--
(A) the seriousness of the violation;
(B) any economic benefit resulting from the violation;
(C) any history of violations;
(D) any good faith efforts to comply with the applicable
requirements;
(E) the economic impact of the penalty on the violator; and
(F) such other matters as justice may require.
(5) Procedure for class i civil penalty.--
(A) In general.--Before assessing a civil penalty under
this subsection, the Commandant shall provide to the person
to be assessed the penalty--
(i) written notice of the proposal of the Commandant to
assess the penalty; and
(ii) the opportunity to request, not later than 30 days
after the date on which the notice is received by the person,
a hearing on the proposed penalty.
(B) Hearing.--A hearing described in subparagraph (A)(ii)--
(i) shall not be subject to section 554 or 556 of title 5,
United States Code; but
(ii) shall provide a reasonable opportunity to be heard and
to present evidence.
(6) Procedure for class ii civil penalty.--
(A) In general.--Except as otherwise provided in this
subsection, a class II civil penalty shall be assessed and
collected in the same manner, and subject to the same
provisions, as in the case of civil penalties assessed and
collected after notice and an opportunity for a hearing on
the record in accordance with section 554 of title 5, United
States Code.
(B) Rules.--The Commandant may promulgate rules for
discovery procedures for hearings under this subsection.
(7) Rights of interested persons.--
(A) Public notice.--Before issuing an order assessing a
class II civil penalty under this subsection, the Commandant
shall provide public notice of, and reasonable opportunity to
comment on, the proposed issuance of each order.
(B) Presentation of evidence.--
(i) In general.--Any person that comments on a proposed
assessment of a class II civil penalty under this subsection
shall be given notice of--
(I) any hearing held under this subsection relating to such
assessment; and
(II) any order assessing the penalty.
(ii) Hearing.--In any hearing described in clause (i)(I), a
person described in clause (i)
[[Page 6366]]
shall have a reasonable opportunity to be heard and to
present evidence.
(C) Rights of interested persons to a hearing.--
(i) In general.--If no hearing is held under subparagraph
(B) before the date of issuance of an order assessing a class
II civil penalty under this subsection, any person that
commented on the proposed assessment may, not later than 30
days after the date of issuance of the order, petition the
Commandant--
(I) to set aside the order; and
(II) to provide a hearing on the penalty.
(ii) New evidence.--If any evidence presented by a
petitioner in support of the petition under clause (i) is
material and was not considered in the issuance of the order,
as determined by the Commandant, the Commandant shall
immediately--
(I) set aside the order; and
(II) provide a hearing in accordance with subparagraph
(B)(ii).
(iii) Denial of hearing.--If the Commandant denies a
hearing under this subparagraph, the Commandant shall provide
to the petitioner, and publish in the Federal Register,
notice of and the reasons for the denial.
(8) Finality of order.--
(A) In general.--An order assessing a class II civil
penalty under this subsection shall become final on the date
that is 30 days after the date of issuance of the order
unless, before that date--
(i) a petition for judicial review is filed under paragraph
(10); or
(ii) a hearing is requested under paragraph (7)(C).
(B) Denial of hearing.--If a hearing is requested under
paragraph (7)(C) and subsequently denied, an order assessing
a class II civil penalty under this subsection shall become
final on the date that is 30 days after the date of the
denial.
(9) Effect of action on compliance.--No action by the
Commandant under this subsection shall affect the obligation
of any person to comply with any provision of this Act.
(10) Judicial review.--
(A) In general.--Any person against which a civil penalty
is assessed under this subsection, or that commented on the
proposed assessment of such a penalty in accordance with
paragraph (7), may obtain review of the assessment in a court
described in subparagraph (B) by--
(i) filing a notice of appeal with the court within the 30-
day period beginning on the date on which the civil penalty
order is issued; and
(ii) simultaneously sending a copy of the notice by
certified mail to the Commandant and the Attorney General.
(B) Courts of jurisdiction.--Review of an assessment under
subparagraph (A) may be obtained by a person--
(i) in the case of assessment of a class I civil penalty,
in--
(I) the United States District Court for the District of
Columbia; or
(II) the district court of the United States for the
district in which the violation occurred; or
(ii) in the case of assessment of a class II civil penalty,
in--
(I) the United States Court of Appeals for the District of
Columbia Circuit; or
(II) the United States court of appeals for any other
circuit in which the person resides or transacts business.
(C) Copy of record.--On receipt of notice under
subparagraph (A)(ii), the Commandant shall promptly file with
the appropriate court a certified copy of the record on which
the order assessing a civil penalty that is the subject of
the review was issued.
(D) Substantial evidence.--A court with jurisdiction over a
review under this paragraph--
(i) shall not set aside or remand an order described in
subparagraph (C) unless--
(I) there is not substantial evidence in the record, taken
as a whole, to support the finding of a violation; or
(II) the assessment by the Commandant of the civil penalty
constitutes an abuse of discretion; and
(ii) shall not impose additional civil penalties for the
same violation unless the assessment by the Commandant of the
civil penalty constitutes an abuse of discretion.
(11) Collection.--
(A) In general.--If any person fails to pay an assessment
of a civil penalty after the assessment has become final, or
after a court in a proceeding under paragraph (10) has
entered a final judgment in favor of the Commandant, the
Commandant shall request the Attorney General to bring a
civil action in an appropriate district court to recover--
(i) the amount assessed; and
(ii) interest that has accrued on the amount assessed, as
calculated at currently prevailing rates beginning on the
date of the final order or the date of the final judgment, as
the case may be.
(B) Nonreviewability.--In an action to recover an assessed
civil penalty under subparagraph (A), the validity, amount,
and appropriateness of the civil penalty shall not be subject
to judicial review.
(C) Failure to pay penalty.--Any person that fails to pay,
on a timely basis, the amount of an assessment of a civil
penalty under subparagraph (A) shall be required to pay, in
addition to the amount of the civil penalty and accrued
interest--
(i) attorneys' fees and other costs for collection
proceedings; and
(ii) for each quarter during which the failure to pay
persists, a quarterly nonpayment penalty in an amount equal
to 20 percent of the aggregate amount of the assessed civil
penalties and nonpayment penalties of the person that are
unpaid as of the beginning of the quarter.
(12) Subpoenas.--
(A) In general.--The Commandant may issue subpoenas for the
attendance and testimony of witnesses and the production of
relevant papers, books, or documents in connection with
hearings under this subsection.
(B) Refusal to obey.--In case of contumacy or refusal to
obey a subpoena issued under this paragraph and served on any
person--
(i) the district court of the United States for any
district in which the person is found, resides, or transacts
business, on application by the United States and after
notice to the person, shall have jurisdiction to issue an
order requiring the person to appear and give testimony
before the Commandant or to appear and produce documents
before the Commandant; and
(ii) any failure to obey such an order of the court may be
punished by the court as a contempt of the court.
(c) Civil Action.--The Commandant may commence, in the
district court of the United States for the district in which
the defendant is located, resides, or transacts business, a
civil action to impose a civil penalty under this subsection
in an amount not to exceed $25,000 for each day of violation.
(d) Criminal Penalties.--
(1) Negligent violations.--A person that negligently
violates section 4 or any regulation promulgated under this
Act commits a Class A misdemeanor under title 18, United
States Code.
(2) Knowing violations.--Any person that knowingly violates
section 4 or any regulation promulgated under this Act
commits a Class D felony under title 18, United States Code.
(3) False statements.--Any person that knowingly makes any
false statement, representation, or certification in any
record, report, or other document filed or required to be
maintained under this Act or any regulation promulgated under
this Act, or that falsifies, tampers with, or knowingly
renders inaccurate any testing or monitoring device or method
required to be maintained under this Act or any regulation
promulgated under this Act, commits a Class D felony under
title 18, United States Code.
(e) Rewards.--
(1) Payments to individuals.--
(A) In general.--The Commandant or the court, as the case
may be, may order payment, from a civil penalty or criminal
fine collected under this section, of an amount not to exceed
\1/2\ of the civil penalty or fine, to any individual who
furnishes information that leads to the payment of the civil
penalty or criminal fine.
(B) Multiple individuals.--If 2 or more individuals provide
information described in subparagraph (A), the amount
available for payment as a reward shall be divided equitably
among the individuals.
(C) Ineligible individuals.--No officer or employee of the
United States, a State, or an Indian tribe who furnishes
information or renders service in the performance of the
official duties of the officer or employee shall be eligible
for a reward payment under this subsection.
(2) Payments to states or indian tribes.--The Commandant or
the court, as the case may be, may order payment, from a
civil penalty or criminal fine collected under this section,
to a State or Indian tribe providing information or
investigative assistance that leads to payment of the penalty
or fine, of an amount that reflects the level of information
or investigative assistance provided.
(3) Payments divided among states, indian tribes, and
individuals.--In a case in which a State or Indian tribe and
an individual under paragraph (1) are eligible to receive a
reward payment under this subsection, the Commandant or the
court shall divide the amount available for the reward
equitably among those recipients.
(f) Liability in Rem.--A cruise vessel operated in
violation of this Act or any regulation promulgated under
this Act--
(1) shall be liable in rem for any civil penalty or
criminal fine imposed under this section; and
(2) may be subject to a proceeding instituted in the
district court of the United States for any district in which
the cruise vessel may be found.
(g) Compliance Orders.--
(1) In general.--If the Commandant determines that any
person is in violation of section 4 or any regulation
promulgated under this Act, the Commandant shall--
(A) issue an order requiring the person to comply with such
section or requirement; or
(B) bring a civil action in accordance with subsection (c).
(2) Copies of order; service.--
(A) Corporate orders.--In any case in which an order under
this subsection is issued to a corporation, a copy of the
order shall be served on any appropriate corporate officer.
[[Page 6367]]
(B) Method of service; specifications.--An order issued
under this subsection shall--
(i) be by personal service;
(ii) state with reasonable specificity the nature of the
violation for which the order was issued; and
(iii) specify a deadline for compliance that is not later
than--
(I) 30 days after the date of issuance of the order, in the
case of a violation of an interim compliance schedule or
operation and maintenance requirement; or
(II) such date as the Commandant, taking into account the
seriousness of the violation and any good faith efforts to
comply with applicable requirements, determines to be
reasonable, in the case of a violation of a final deadline.
(h) Civil Actions.--
(1) In general.--The Commandant may commence a civil action
for appropriate relief, including a permanent or temporary
injunction, for any violation for which the Commandant is
authorized to issue a compliance order under this subsection.
(2) Court of jurisdiction.--
(A) In general.--A civil action under this subsection may
be brought in the district court of the United States for the
district in which the defendant is located, resides, or is
doing business.
(B) Jurisdiction.--A court described in subparagraph (A)
shall have jurisdiction to grant injunctive relief to address
a violation and require compliance by the defendant.
SEC. 11. CITIZEN SUITS.
(a) Authorization.--Except as provided in subsection (c),
any citizen may commence a civil action on the citizen's own
behalf--
(1) against any person (including the United States and any
other governmental instrumentality or agency to the extent
permitted by the eleventh amendment to the Constitution of
the United States) that is alleged to be in violation of--
(A) the conditions imposed by section 4;
(B) an effluent limit or performance standard under this
Act; or
(C) an order issued by the Administrator or Commandant with
respect to such a condition, an effluent limit, or a
performance standard; or
(2) against the Administrator or Commandant, in a case in
which there is alleged a failure by the Administrator or
Commandant to perform any nondiscretionary act or duty under
this Act.
(b) Jurisdiction.--The district courts of the United States
shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties--
(1) to enforce a condition, effluent limit, performance
standard, or order described in subsection (a)(1);
(2) to order the Administrator or Commandant to perform a
nondiscretionary act or duty described in subsection (a)(2);
and
(3) to apply any appropriate civil penalties under section
10(b).
(c) Notice.--No action may be commenced under this
section--
(1) before the date that is 60 days after the date on which
the plaintiff gives notice of the alleged violation--
(A) to the Administrator or Commandant; and
(B) to any alleged violator of the condition, effluent
limit, performance standard, or order described in subsection
(a)(1); or
(2) if the Administrator or Commandant has commenced and is
diligently prosecuting a civil or criminal action on the same
matter in a court of the United States (but in any such
action, a citizen may intervene as a matter of right).
(d) Venue.--
(1) In general.--Any civil action under this section shall
be brought in--
(A) the United States District Court for the District of
Columbia; or
(B) any other district court of the United States for any
judicial district in which a cruise vessel or the owner or
operator of a cruise vessel is located.
(2) Intervention.--In a civil action under this section,
the Administrator or the Commandant, if not a party, may
intervene as a matter of right.
(3) Procedures.--
(A) Service.--In any case in which a civil action is
brought under this section in a court of the United States,
the plaintiff shall serve a copy of the complaint on--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(B) Consent judgments.--No consent judgment shall be
entered in a civil action under this section to which the
United States is not a party before the date that is 45 days
after the date of receipt of a copy of the proposed consent
judgment by--
(i) the Attorney General;
(ii) the Administrator; and
(iii) the Commandant.
(e) Litigation Costs.--
(1) In general.--A court of jurisdiction, in issuing any
final order in any civil action brought in accordance with
this section, may award costs of litigation (including
reasonable attorneys' and expert witness fees) to any
prevailing or substantially prevailing party, in any case in
which the court determines that such an award is appropriate.
(2) Security.--In any civil action under this section, the
court of jurisdiction may, if a temporary restraining order
or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal
Rules of Civil Procedure.
(f) Statutory or Common Law Rights Not Restricted.--Nothing
in this section restricts the rights of any person (or class
of persons) under any statute or common law to seek
enforcement or other relief (including relief against the
Administrator or Commandant).
(g) Civil Action by State Governors.--A Governor of a State
may commence a civil action under subsection (a), without
regard to the limitation under subsection (c), against the
Administrator or Commandant in any case in which there is
alleged a failure of the Administrator or Commandant to
enforce an effluent limit or performance standard under this
Act, the violation of which is causing--
(1) an adverse effect on the public health or welfare in
the State; or
(2) a violation of any water quality requirement in the
State.
SEC. 12. SENSE OF CONGRESS ON BALLAST WATER.
It is the sense of Congress that action should be taken to
enact legislation requiring strong, mandatory standards for
ballast water to reduce the threat of aquatic invasive
species.
SEC. 13. SENSE OF CONGRESS ON AIR POLLUTION.
It is the sense of Congress that action should be taken to
enact legislation requiring strong, mandatory standards for
air quality with respect to incineration and engine
activities of cruise vessels to reduce the level of harmful
chemical and particulate air pollutants.
SEC. 14. FUNDING.
(a) Authorization of Appropriations.--There are authorized
to be appropriated to the Commandant and the Administrator
such sums as are necessary to carry out this Act for each of
fiscal years 2009 through 2013.
(b) Cruise Vessel Pollution Control Fund.--
(1) Establishment.--There is established in the general
fund of the Treasury a separate account to be known as the
``Cruise Vessel Pollution Control Fund'' (referred to in this
section as the ``Fund'').
(2) Amounts.--The Fund shall consist of such amounts as are
deposited in the Fund under subsection (c)(5).
(3) Use of amounts in fund.--The Administrator and the
Commandant may use amounts in the Fund, without further
appropriation, to carry out this Act.
(c) Fees on Cruise Vessels.--
(1) In general.--The Commandant shall establish and collect
from each cruise vessel a reasonable and appropriate fee for
each paying passenger on a cruise vessel voyage, for use in
carrying out this Act.
(2) Adjustment of fee.--
(A) In general.--The Commandant shall biennially adjust the
amount of the fee established under paragraph (1) to reflect
changes in the Consumer Price Index for All Urban Consumers
published by the Department of Labor during each 2-year
period.
(B) Rounding.--The Commandant may round the adjustment in
subparagraph (A) to the nearest \1/10\ of a dollar.
(3) Factors in establishing fees.--
(A) In general.--In establishing fees under paragraph (1),
the Commandant may establish lower levels of fees and the
maximum amount of fees for certain classes of cruise vessels
based on--
(i) size;
(ii) economic share; and
(iii) such other factors as are determined to be
appropriate by the Commandant and Administrator.
(B) Fee schedules.--Any fee schedule established under
paragraph (1), including the level of fees and the maximum
amount of fees, shall take into account--
(i) cruise vessel routes;
(ii) the frequency of stops at ports of call by cruise
vessels; and
(iii) other relevant considerations.
(4) Collection of fees.--A fee established under paragraph
(1) shall be collected by the Commandant from the owner or
operator of each cruise vessel to which this Act applies.
(5) Deposits to fund.--Notwithstanding any other provision
of law, all fees collected under this subsection, and all
penalties and payments collected for violations of this Act,
shall be deposited into the Fund.
SEC. 15. EFFECT ON OTHER LAW.
(a) United States.--Nothing in this Act restricts, affects,
or amends any other law or the authority of any department,
instrumentality, or agency of the United States.
(b) States and Interstate Agencies.--
(1) In general.--Except as provided in paragraph (2),
nothing in this Act precludes or denies the right of any
State (including a political subdivision of a State) or
interstate agency to adopt or enforce--
(A) any standard or limit relating to the discharge of
pollutants by cruise vessels; or
(B) any requirement relating to the control or abatement of
pollution.
(2) Exception.--If an effluent limit, performance standard,
water quality standard, or any other prohibition or
limitation is in effect under Federal law, a State (including
a political subdivision of a State) or interstate agency may
not adopt or enforce any effluent limit, performance
standard, water quality standard, or any other prohibition
that--
[[Page 6368]]
(A) is less stringent than the effluent limit, performance
standard, water quality standard, or other prohibition or
limitation under this Act; or
(B) impairs or in any manner affects any right or
jurisdiction of the State with respect to the waters of the
State.
______
By Ms. SNOWE (for herself, Ms. Collins, and Mr. Isakson):
S. 2882. A bill to amend title 10, United States Code, to provide for
the presentation of a flag of the United States to the children of
members of the Armed Forces who die in service; to the Committee on
Armed Services.
Ms. SNOWE. Mr. President, I rise today with my colleagues Senator
Collins and Senator Isakson to introduce legislation that would provide
the secretaries of the military departments the authority to pay the
necessary expenses that would accompany the presentation of a flag to
each child of a servicemember killed in the service of the Nation.
The presentation of a remembrance flag to the family of a deceased
servicemember is a time-honored tradition for each of the services
which commemorates and memorializes the service of our men and women in
uniform who have made the ultimate sacrifice to protect the liberties
and freedoms we cherish. The remembrance flag is a profound symbol of
the enduring appreciation of a grateful Nation.
Regrettably, however, there is an oversight in current law affecting
which family members of a deceased servicemember may receive a flag. At
present, the statute authorizes the secretaries of the services to
present only two remembrance flags--one to the parents of the deceased
servicemember and one to the person authorized to direct disposition of
the servicemember. In many instances, the person authorized to direct
disposition is also a primary next of kin of the servicemember.
However, in cases where the primary next of kin are the children of the
deceased servicemember, which can occur in extended family situations,
authorities do not exist for the secretaries of the services to provide
a remembrance flag to the children of deceased servicemembers.
The legislation that my colleagues and I are introducing today will
remedy this oversight. We believe that the children of deceased
servicemembers should also be able to receive a remembrance flag in
honor of the sacrifice made by their parent. Clearly, this is the right
thing to do. I sincerely hope that my colleagues will join Senator
Collins, Senator Isakson, and me in supporting this important
legislation.
______
By Mr. ROCKEFELLER (for himself and Mr. Byrd):
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; to the Committee on Banking, Housing, and Urban Affairs.
Mr. ROCKEFELLER. Mr. President, I rise today to pay tribute to the
women of our Nation who have the cherished title of mother and
grandmother. Whether through natural means, adoption or foster care,
their patience and unending well-spring of love and affection make an
incredible difference in the lives of children.
No treasure, no riches can ever compare with a profoundly reassuring
hug, the kind words that soothe broken spirits, or that reminder,
rooted in affection, that we're not living up to our full potential.
They inspire, believe and ultimately profess enormous pride in us--no
matter our successes or failures.
That is why it is not surprising that a young woman from Grafton,
West Virginia, took to the streets of her hometown to honor her
recently departed mother's love and life by passing out white
carnations to all those who passed by. Anna Jarvis' one simple act of
personal commemoration in May 1908, grew year after year. Eventually,
Grafton's efforts would be recognized by the entire State of West
Virginia in 1910. This was the first time a state recognized Mother's
Day, and many more would soon follow.
In 1914, President Woodrow Wilson declared the first national
Mother's Day, and from that day until now, mothers have been honored
with flowers, breakfast in bed, and of course, those endearing homemade
cards by little children that are steeped in sentiment--and often
covered in glitter, macaroni and school paste.
My wife Sharon would tell you that there is nothing more important
than these simple gifts--first from our children, and now our
grandchildren. They are cherished touchstones.
At the same time, we think of our mothers as invincible. However, not
even our mothers are immune to age or disease. For many families across
the country, Mother's Day takes on even deeper meanings as parents get
older.
In my own life, my mother was a tremendous force. Each Mother's Day
was a celebration of her spirit, intellect and determination--and all
this was put to the test in her battle with Alzheimer's disease. It's
not easy seeing the woman who raised you struggle with an illness that
robs her of her dignity and quality of life. I know that my family is
not the only one that has been touched by this disease--and I am
certainly not the only son who could talk in such a deeply personal way
about losing a mother. But just like Anna Jarvis, my sisters and I
sought to honor our mother--and perhaps in the process help another
mother or grandmother or family--by opening the Blanchette Rockefeller
Neurosciences Institute.
So it is altogether fitting and proper that as we prepare to
commemorate that first, historic Mother's Day celebration in Grafton,
that we as a Nation begin to reconnect with what Anna Jarvis was trying
to achieve--community recognition of the role that women play in all
our lives.
Today, I am introducing legislation that authorizes the U.S. Treasury
to mint commemorative coins to celebrate the centennial of Grafton's
celebration. I am proud to have Senator Robert C. Byrd as an original
cosponsor. The companion bill also has been introduced in the House of
Representatives by my West Virginia colleague, Shelley Moore Capito.
The proceeds from the sale of these coins won't go to the Government.
Instead they will go to two organizations that are actively working to
make a difference in the lives of our Nation's women who are battling
breast cancer and osteoporosis--the Susan G. Komen for the Cure
Foundation and the National Osteoporosis Foundation.
Every day can, and should be Mother's Day. Through this bill,
Americans will now have the chance to show, with the purchase of these
coins, the high regard we have for not only our mothers and
grandmothers, but our sisters and nieces, and all the women who have
made a difference in our lives. In the process, we can contribute to
funding research that will improve the quality of their lives.
I urge my colleagues to support this legislation.
______
By Ms. COLLINS (for herself and Mr. Hatch):
S. 2884. A bill to amend the Internal Revenue Code of 1986 to provide
incentives to improve America's research competitiveness, and for other
purposes; to the Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce the Research &
Development Tax Credit Improvement Act of 2008, legislation which would
extend the R&D tax credit for 5 years, phase-out the Basic Credit, and
raise the rate of the Alternative Simplified Credit from 12 percent to
20 percent by 2010.
Those who have followed the ongoing discussions regarding the R&D tax
credit will recognize that the legislation I am introducing shares the
framework of a proposal already put forward by the senior Senator from
the State of Utah, my good friend Orrin Hatch. Senator Hatch has done a
superb job building a consensus around the need to transition to the
Alternative Simplified Credit, and to raise that credit to provide a
real incentive to the many companies that are unable to benefit from
the Basic Credit structure. I applaud his efforts in this regard, and I
thank him for lending his support to the bill I am introducing today.
I also want to note the contribution of the distinguished Chairman of
the Finance Committee, Senator Baucus,
[[Page 6369]]
who has worked side-by-side with Senator Hatch on the Research and
Development tax credit.
The chief distinction between our two bills is the duration of the
credit. The Hatch-Baucus bill proposes a permanent credit, while my
bill would extend the R&D tax credit for five years. I certainly share
the goal of providing a permanent R&D tax credit, but I fear that the
cost of doing so puts it beyond our reach. Yet we simply cannot
continue to play ``stop-and-go'' with this critical research incentive.
Since the R&D tax credit was first enacted in 1981, Congress has had to
extend it a dozen times, and it expired again at the end of last year.
The constant uncertainty about the status of the credit has made it
impossible for companies to plan their research investments, and has
seriously diminished the credit's role as an incentive for research and
development here in the U.S.
A 5-year extension would give companies enough time to plan their
research investments with the credit in mind, restoring the incentive-
effect the R&D credit has always been intended to provide. Just as
important, the time frame I am proposing, coupled with the increase in
the rate to 20 percent will allow for a smooth transition away from the
Basic Credit to the Alternative Simplified Credit. The Basic Credit has
served its purpose, but it has become hopelessly outmoded. Under the
Basic Credit methodology, companies wishing to calculate their R&D
credit must measure their current investments against a base that is
stuck in the past--literally the tax years between 1984 and 1988. This
period is simply not relevant to today's investment decisions, and
because of that, fewer and fewer companies get any benefit at all from
the Basic Credit.
By contrast, the Alternative Simplified Credit methodology allows
companies to calculate their credit using a rolling average of their
domestic investments over their three most-recent tax years.
The value of doing this is evidenced by the fact that most companies
have already switched to the Alternative Simplified Credit, even though
it has been on the books for less than a year-and-a-half, and even
though the credit rate is only 12 percent compared to the Basic Credit
rate of 20 percent.
The five-year extension I am proposing will allow for a smooth
transition to the Alternative Simplified Credit, and will bring the R&D
tax credit up-to-date. Companies which still rely on the Basic Credit
will be allowed to continue that credit for another two years, just as
is contemplated by the legislation that Senators Hatch and Baucus have
worked so hard on.
Investment in research and development is critical to the
breakthroughs we need to keep our economy competitive, and to create
the good, high-paying jobs the American people deserve. The R&D tax
credit provides an important incentive for this investment, but it
needs to be updated so more companies can benefit from it. While making
the credit permanent is a worthwhile goal, the 5-year extension I am
proposing today is ``do-able'', and I urge my colleagues to support it.
______
By Ms. SNOWE (for herself, Mr. Kerry, Mr. Smith, and Mr. Brown):
S. 2885. A bill to amend the Internal Revenue Code of 1986 to expand
the availability of industrial development bonds to facilities
manufacturing intangible property; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce legislation that
would provide State and local development finance authorities with
greater flexibility in promoting economic growth that meets the
changing realities of an ever more global economy. Specifically, my
bill would expand the definition of ``manufacturing'' as it pertains to
the small-issue Industrial Development Bond, IDB, program to include
the creation of ``intangible'' property. I am pleased to be joined by
colleagues from both sides of the aisle including Senators Kerry,
Smith, and Brown, in introducing this critical legislation to promote
economic development.
Our Nation's capacity to innovate is a key reason why our economy
remains the envy of the world, even during these difficult economic
times. Knowledge-based businesses have been at the forefront of this
innovation that has bolstered the economy over the long-term. For
example, science parks have helped lead the technological revolution
and have created more than 300,000 high-paying science and technology
jobs, along with another 450,000 indirect jobs for a total of 750,000
jobs in North America.
It is clear that the promotion of knowledge-based industries can be a
key economic tool for states and localities. This is especially true
for states that have seen a loss in traditional manufacturing. In my
home state of Maine, we lost 28 percent of our total manufacturing
employment over the last decade. I believe that it critical that we
provide states and localities with a wider range of options in
promoting economic development. My legislation will do just that by
expanding the availability small-issue IDBs to new economy industries,
such as software and biotechnology, that have proven their ability to
provide high-paying jobs.
These IDBs allow State and local development finance authorities,
like the Finance Authority of Maine, to issue tax-exempt bonds for the
purpose of raising capital to provide low-cost financing of
manufacturing facilities. These bonds, therefore, provide local
authorities with an invaluable tool to attract new employers and assist
existing one's to grow. The result is a win- win situation for local
communities providing them with much needed jobs. Consequently, it only
makes since to ensure that these finance authorities have maximum
flexibility in options to grow jobs.
In addition, my bill provides some technical clarity to distinguish
between the phrases ``functionally related and subordinate facilities''
and ``directly related and acillary facilities.'' Until 1988, there was
little confusion based on Treasury regulations going back to 1972 that
made it clear that ``functionally related and subordinate facilities''
were clearly eligible for financing through private activity tax-exempt
bonds.
But, Congress enacted the Technical and Miscellaneous Revenue Bond
Act of 1988 that imposed a limitation that not more than 25 percent of
tax- exempt bond financing could be used on ``directly related and
ancillary facilities.'' While these two phrases appear to be very
similar, they are indeed distinguishable from each other.
Unfortunately, the Internal Revenue Service has blurred this
distinction between the phrases which has had an adverse impact on the
way facilities are able to utilize tax-exempt bond financing. My
legislation would make it clear that ``functionally related and
subordinate facilities'' are not susceptible to the 25 percent
limitation.
We must continue to encourage all avenues of economic development if
Americas to compete in a changing and increasingly global economy and
my legislation is one small step in furtherance of that goal. I urge my
colleagues to join me in supporting this bill.
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. 2885
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXPANSION OF AVAILABILITY OF INDUSTRIAL
DEVELOPMENT BONDS TO FACILITIES MANUFACTURING
INTANGIBLE PROPERTY.
(a) Expansion to Intangible Property.--
(1) In general.--The first sentence of section
144(a)(12)(C) of the Internal Revenue Code of 1986 (defining
manufacturing facility) is amended--
(A) by inserting ``, creation,'' after ``used in the
manufacturing'', and
(B) by inserting ``or intangible property which is
described in section 197(d)(1)(C)(iii)'' before the period at
the end.
(2) Clarification.--The last sentence of section
144(a)(12)(C) of such Code is amended to read as follows:
``For purposes of the first sentence of this subparagraph,
the term `manufacturing facility' includes--
[[Page 6370]]
``(i) facilities which are functionally related and
subordinate to a manufacturing facility (determined without
regard to this clause), and
``(ii) facilities which are directly related and ancillary
to a manufacturing facility (determined without regard to
this clause) if--
``(I) such facilities are located on the same site as the
manufacturing facility, and
``(II) not more than 25 percent of the net proceeds of the
issue are used to provide such facilities.''.
(b) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
Mr. KERRY. Mr. President, today, Senator Snowe and I are introducing
legislation that would expand the availability of the Industrial
Development Bond, IDB, program. The small-issue IDB program has given
State and local governments a low-cost source of financing to create
and retain jobs in manufacturing plants.
Over the years, numerous technological advances have driven software
and biotechnology to the forefront of our economy. According to the
U.S. Census Bureau, there are more than 400 biotechnology companies in
Massachusetts alone, employing more than 42,000 and paying more than $5
billion in annual salaries.
Currently, the small-issue IDB program is limited only to
manufacturing facilities. As our economy continues to evolve, so must
our policies. Our legislation would allow IDBs to be used for high-
technology and biotechnology uses. The definition of manufacturing
would be broadened to include the creation of intangible property--
specifically, patents, copyrights, formulas, processes, designs,
patterns, know-how and other similar items.
Expanding the current definition of manufacturing to include
``knowledge based'' companies would promote economic development in our
local communities as well as nationwide. This legislation is supported
by the Council of Development Finance Agencies.
In addition to expanding the definition of manufacturing, the
legislation clarifies that a manufacturing facility includes
functionally related and subordinate facilities as part of the
facility.
This legislation will provide a boost to the economy by fostering
development in technology. I urge my colleagues to support this common
sense change.
______
By Mr. BAUCUS (for himself, Mr. Grassley, Mr. Salazar, Mr.
Schumer, Ms. Stabenow, Mr. Smith, Mr. Crapo, Mr. Rockefeller,
Mr. Kyl, and Ms. Snowe):
S. 2886. A bill to amend the Internal Revenue Code of 1986 to amend
certain expiring provisions; to the Committee on Finance.
Mr. BAUCUS. Mr. President, today I am introducing a tax package that
would extend relief from the alternative minimum tax and extend other
much-needed individual and business provisions.
When the economy is turning down, Americans need certainty about
their taxes. Families and businesses need to know what the tax law is.
That is why my bill provides a one year patch for the AMT. The patch
will hold the number of taxpayers subject to the AMT at 4.2 million. We
will not let more taxpayers fall into the alternative minimum tax.
Last year, Congress did not put a patch in place until December. We
must act sooner this year. Through this bill, Congress can act.
That is why my package contains a 2-year extension of provisions that
expired at the end of last year.
These include the qualified tuition deduction to give families relief
from high tuition costs.
My package also includes the teacher expense deduction. This
deduction gives teachers some of the money that they spend on school
supplies to educate our children.
The package also includes the State and local sales tax deduction for
those States without an income tax.
The bill offers an extension of the research and development credit.
This credit gives an incentive to businesses to invest in research. It
helps to keep America competitive in the global economy.
My package will also extend provisions that expire this year for an
additional year.
The bill extends much-needed energy provisions.
Public and private investment in the renewable energy sector was
about $90 billion worldwide last year. That's a 27 percent increase
over 2006.
Congress can direct this investment toward the U.S.--rather than
overseas--by supporting clean energy tax incentives.
These incentives include tax credits for wind and solar power,
efficient buildings and appliances, and clean renewable energy bonds.
These provisions are not only good energy policy. They also create
jobs.
This package would also extend wind and solar provisions.
The American solar industry employs 20,000 Americans. With a long-
term extension of the solar tax credit, that number would triple.
The American wind industry expanded by 45 percent in 2007. It
contributed about 30 percent of the new power capacity in America last
year.
These job-creating industries are growing fast. We should support
them. We know what happens when we don't.
For example, the tax credit for production of renewable energy was
enacted in 1992, starting the growth of renewable power in the U.S.
But since 1999, this credit has expired three times. And when it
expires, clean energy suffers, leading to declines between 73 percent
and 93 percent in wind energy investment.
We need to keep this credit going to ensure consistent investment in
the wind power industry.
This package would also promote energy efficiency. Efficiency is the
low- hanging fruit in the energy debate. We can make big strides toward
energy independence and a clean environment by getting more for our
energy buck.
For example, ENERGY STAR--a voluntary labeling program designed to
promote energy-efficient products--saved businesses, organizations, and
consumers an estimated $14 billion in 2006.
Efficiency also creates jobs. The American Solar Energy Society
reported that in 2006, the efficiency industry created 8 million jobs,
over half of them in manufacturing.
The government plays a key role in sustaining the efficiency
industry, through tax incentives for efficient commercial buildings,
homes, and appliances.
This package would also extend the clean renewable energy bonds, or
CREBs.
CREBs passed in the Energy Policy Act of 2005. CREBs spurred more
than 700 new wind, biomass, solar, and hydro projects. The number of
projects far exceeded the funding available to pay for them.
But CREBs funding lapsed at the end of 2007. That halted development
of new projects and the green-collar jobs that go with them. We must
keep these projects going.
The CREBs provision was written for non-taxable entities like rural
co-ops. Those non-taxable entities cannot use other tax incentives in
this package.
I've listed just a few of the important energy items in this
extenders bill. There are more. And I plan to build upon this package
as it makes its way through the legislative process, with edits and
additional items. The Finance Committee has been working to that end
for the better part of a year.
Last June, the Finance Committee passed a roughly $30 billion energy-
tax package, with a resounding bipartisan vote. A majority of the
Senate voted for that bill.
But we were just shy of getting the required 60 votes.
We tried again in December, with a slimmer package. That time, we
fell short of the required 60 by just one vote.
We then tried in February, as part of economic stimulus bill. We
offered a package very similar to what passed last week. That amendment
got 58 votes.
Last week, this body passed, by a solid 88-8 vote, a package of
energy-tax extenders, similar to the package considered during the
economic stimulus debate.
[[Page 6371]]
A vote of 88 to 8 might suggest that there is smooth sailing ahead on
energy-tax legislation. But I'm afraid that's not the case.
The day before the Senate passed its housing bill, including the
energy-tax package, the House Ways and Means Committee passed its own
housing relief bill.
The Ways and Means bill restated the House's position on pay-go. The
House requires that the most of the tax package be offset.
How did the Ways and Means Committee offset the bill? Largely with a
provision called ``basis reporting.'' President Bush included this in
his 2009 budget proposal.
In other words, the House paid for a tax package with an item already
supported, at least in principle, by the President.
While I believe that this Congress should have paid for energy-tax
legislation with the offsets passed by Finance Committee last year,
it's not clear that passing that package gets us any further to
extending these important tax incentives.
That is why I have been working on offsets that can pass both bodies
and be signed by the President. That is what I will continue to do to
get these important energy items--as well as other vital extenders--
passed.
By taking care of this now, we can spend more of our time on other
things like tax reform.
I plan to hold several hearings and roundtables to cuss tax reform.
We began this week. I'm serious about simplifying our tax code. I am
serious about helping the American people.
Congress should do more than just extend legislation. Congress needs
to work on new policy, new legislation, and new ideas. And by enacting
this legislation, we can turn to those important goals. I urge my
colleagues to support this package.
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. 2886
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF
CONTENTS.
(a) Short Title.--This Act may be cited as the
``Alternative Minimum Tax and Extenders Tax Relief Act of
2008''.
(b) Amendment of 1986 Code.--Except as otherwise expressly
provided, whenever in this Act an amendment or repeal is
expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Internal
Revenue Code of 1986.
(c) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; amendment of 1986 Code; table of contents.
TITLE I--ALTERNATIVE MINIMUM TAX RELIEF
Sec. 101. Extension of alternative minimum tax relief for nonrefundable
personal credits.
Sec. 102. Extension of increased alternative minimum tax exemption
amount.
TITLE II--INDIVIDUAL TAX PROVISIONS
Sec. 201. Election to include combat pay as earned income for purposes
of the earned income credit.
Sec. 202. Distributions from retirement plans to individuals called to
active duty.
Sec. 203. Deduction for State and local sales taxes.
Sec. 204. Deduction of qualified tuition and related expenses.
Sec. 205. Deduction for certain expenses of elementary and secondary
school teachers.
Sec. 206. Modification of mortgage revenue bonds for veterans.
Sec. 207. Tax-free distributions from individual retirement plans for
charitable purposes.
Sec. 208. Treatment of certain dividends of regulated investment
companies.
Sec. 209. Stock in RIC for purposes of determining estates of
nonresidents not citizens.
Sec. 210. Qualified investment entities.
Sec. 211. Qualified conservation contributions.
TITLE III--BUSINESS TAX PROVISIONS
Sec. 301. Extension and modification of research credit.
Sec. 302. New markets tax credit.
Sec. 303. Subpart F exception for active financing income.
Sec. 304. Extension of look-thru rule for related controlled foreign
corporations.
Sec. 305. Extension of 15-year straight-line cost recovery for
qualified leasehold improvements and qualified restaurant
improvements.
Sec. 306. Enhanced charitable deduction for contributions of food
inventory.
Sec. 307. Extension of enhanced charitable deduction for contributions
of book inventory.
Sec. 308. Modification of tax treatment of certain payments to
controlling exempt organizations.
Sec. 309. Basis adjustment to stock of S corporations making charitable
contributions of property.
Sec. 310. Increase in limit on cover over of rum excise tax to Puerto
Rico and the Virgin Islands.
Sec. 311. Parity in the application of certain limits to mental health
benefits.
Sec. 312. Extension of economic development credit for American Samoa.
Sec. 313. Extension of mine rescue team training credit.
Sec. 314. Extension of election to expense advanced mine safety
equipment.
Sec. 315. Extension of expensing rules for qualified film and
television productions.
Sec. 316. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 317. Extension of qualified zone academy bonds.
Sec. 318. Indian employment credit.
Sec. 319. Accelerated depreciation for business property on Indian
reservation.
Sec. 320. Railroad track maintenance.
Sec. 321. Seven-year cost recovery period for motorsports racing track
facility.
Sec. 322. Expensing of environmental remediation costs.
Sec. 323. Extension of work opportunity tax credit for Hurricane
Katrina employees.
TITLE IV--EXTENSIONS OF ENERGY PROVISIONS
Sec. 401. Extension of credit for energy efficient appliances.
Sec. 402. Extension of credit for nonbusiness energy property.
Sec. 403. Extension of credit for residential energy efficient
property.
Sec. 404. Extension of renewable electricity, refined coal, and Indian
coal production credit.
Sec. 405. Extension of new energy efficient home credit.
Sec. 406. Extension of energy credit.
Sec. 407. Extension and modification of credit for clean renewable
energy bonds.
Sec. 408. Extension of energy efficient commercial buildings deduction.
TITLE V--TAX ADMINISTRATION
Sec. 501. Permanent authority for undercover operations.
Sec. 502. Permanent disclosures of certain tax return information.
Sec. 503. Disclosure of information relating to terrorist activities.
TITLE I--ALTERNATIVE MINIMUM TAX RELIEF
SEC. 101. EXTENSION OF ALTERNATIVE MINIMUM TAX RELIEF FOR
NONREFUNDABLE PERSONAL CREDITS.
(a) In General.--Paragraph (2) of section 26(a) (relating
to special rule for taxable years 2000 through 2007) is
amended--
(1) by striking ``or 2007'' and inserting ``2007, or
2008'', and
(2) by striking ``2007'' in the heading thereof and
inserting ``2008''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 102. EXTENSION OF INCREASED ALTERNATIVE MINIMUM TAX
EXEMPTION AMOUNT.
(a) In General.--Paragraph (1) of section 55(d) (relating
to exemption amount) is amended--
(1) by striking ``($66,250 in the case of taxable years
beginning in 2007)'' in subparagraph (A) and inserting
``($69,950 in the case of taxable years beginning in 2008)'',
and
(2) by striking ``($44,350 in the case of taxable years
beginning in 2007)'' in subparagraph (B) and inserting
``($46,200 in the case of taxable years beginning in 2008)''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
TITLE II--INDIVIDUAL TAX PROVISIONS
SEC. 201. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR
PURPOSES OF THE EARNED INCOME CREDIT.
(a) In General.--Subclause (II) of section 32(c)(2)(B)(vi)
(defining earned income) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Conforming Amendment.--Paragraph (4) of section 6428,
as amended by the Economic Stimulus Act of 2008, is amended
to read as follows:
[[Page 6372]]
``(4) Earned income.--The term `earned income' has the
meaning set forth in section 32(c)(2) except that such term
shall not include net earnings from self-employment which are
not taken into account in computing taxable income.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years ending after December 31, 2007.
SEC. 202. DISTRIBUTIONS FROM RETIREMENT PLANS TO INDIVIDUALS
CALLED TO ACTIVE DUTY.
(a) In General.--Clause (iv) of section 72(t)(2)(G) is
amended by striking ``December 31, 2007'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to individuals ordered or called to active duty
on or after December 31, 2007.
SEC. 203. DEDUCTION FOR STATE AND LOCAL SALES TAXES.
(a) In General.--Subparagraph (I) of section 164(b)(5) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 204. DEDUCTION OF QUALIFIED TUITION AND RELATED
EXPENSES.
(a) In General.--Subsection (e) of section 222 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 205. DEDUCTION FOR CERTAIN EXPENSES OF ELEMENTARY AND
SECONDARY SCHOOL TEACHERS.
(a) In General.--Subparagraph (D) of section 62(a)(2)
(relating to certain expenses of elementary and secondary
school teachers) is amended by striking ``or 2007'' and
inserting ``2007, 2008, or 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2007.
SEC. 206. MODIFICATION OF MORTGAGE REVENUE BONDS FOR
VETERANS.
(a) Qualified Mortgage Bonds Used To Finance Residences for
Veterans Without Regard to First-Time Homebuyer
Requirement.--Subparagraph (D) of section 143(d)(2) (relating
to exceptions) is amended by inserting ``and after the date
of the enactment of the Alternative Minimum Tax and Extenders
Tax Relief Act of 2008 and before January 1, 2010'' after
``January 1, 2008''.
(b) Effective Date.--The amendment made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
SEC. 207. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT
PLANS FOR CHARITABLE PURPOSES.
(a) In General.--Subparagraph (F) of section 408(d)(8)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions made in taxable years beginning
after December 31, 2007.
SEC. 208. TREATMENT OF CERTAIN DIVIDENDS OF REGULATED
INVESTMENT COMPANIES.
(a) Interest-Related Dividends.--Subparagraph (C) of
section 871(k)(1) (defining interest-related dividend) is
amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Short-Term Capital Gain Dividends.--Subparagraph (C) of
section 871(k)(2) (defining short-term capital gain dividend)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to dividends with respect to taxable years of
regulated investment companies beginning after December 31,
2007.
SEC. 209. STOCK IN RIC FOR PURPOSES OF DETERMINING ESTATES OF
NONRESIDENTS NOT CITIZENS.
(a) In General.--Paragraph (3) of section 2105(d) (relating
to stock in a RIC) is amended by striking ``December 31,
2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to decedents dying after December 31, 2007.
SEC. 210. QUALIFIED INVESTMENT ENTITIES.
(a) In General.--Clause (ii) of section 897(h)(4)(A)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2008.
SEC. 211. QUALIFIED CONSERVATION CONTRIBUTIONS.
(a) In General.--Clause (vi) of section 170(b)(1)(E)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Contributions by Corporate Farmers and Ranchers.--
Clause (iii) of section 170(b)(2)(B) (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2007.
TITLE III--BUSINESS TAX PROVISIONS
SEC. 301. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.
(a) Extension.--Section 41(h) (relating to termination) is
amended--
(1) by striking ``December 31, 2007'' and inserting
``December 31, 2009'' in paragraph (1)(B),
(2) by redesignating paragraph (2) as paragraph (3), and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Termination of alternative incremental credit.--No
election under subsection (c)(4) shall apply to amounts paid
or incurred after December 31, 2007.''.
(b) Modification of Alternative Simplified Credit.--
Paragraph (5)(A) of section 41(c) (relating to election of
alternative simplified credit) is amended to read as follows:
``(A) In general.--
``(i) Calculation of credit.--At the election of the
taxpayer, the credit determined under subsection (a)(1) shall
be equal to the applicable percentage (as defined in clause
(ii)) of so much of the qualified research expenses for the
taxable year as exceeds 50 percent of the average qualified
research expenses for the 3 taxable years preceding the
taxable year for which the credit is being determined.
``(ii) Applicable percentage.--For purposes of the
calculation under clause (i), the applicable percentage is--
``(I) 14 percent, in the case of taxable years ending
before January 1, 2009, and
``(II) 16 percent, in the case of taxable years beginning
after December 31, 2008.''.
(c) Conforming Amendment.--Subparagraph (D) of section
45C(b)(1) (relating to special rule) is amended by striking
``December 31, 2007'' and inserting ``December 31, 2009''.
(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or incurred after December 31,
2007.
SEC. 302. NEW MARKETS TAX CREDIT.
Subparagraph (D) of section 45D(f)(1) (relating to national
limitation on amount of investments designated) is amended by
striking ``and 2008'' and inserting ``2008, and 2009''.
SEC. 303. SUBPART F EXCEPTION FOR ACTIVE FINANCING INCOME.
(a) Exempt Insurance Income.--Paragraph (10) of section
953(e) (relating to application) is amended--
(1) by striking ``January 1, 2009'' and inserting ``January
1, 2010'', and
(2) by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Exception to Treatment as Foreign Personal Holding
Company Income.--Paragraph (9) of section 954(h) (relating to
application) is amended by striking ``January 1, 2009'' and
inserting ``January 1, 2010''.
SEC. 304. EXTENSION OF LOOK-THRU RULE FOR RELATED CONTROLLED
FOREIGN CORPORATIONS.
(a) In General.--Subparagraph (B) of section 954(c)(6)
(relating to application) is amended by striking ``January 1,
2009'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years of foreign corporations
beginning after December 31, 2007, and to taxable years of
United States shareholders with or within which such taxable
years of foreign corporations end.
SEC. 305. EXTENSION OF 15-YEAR STRAIGHT-LINE COST RECOVERY
FOR QUALIFIED LEASEHOLD IMPROVEMENTS AND
QUALIFIED RESTAURANT IMPROVEMENTS.
(a) In General.--Clauses (iv) and (v) of section
168(e)(3)(E) (relating to 15-year property) are each amended
by striking ``January 1, 2008'' and inserting ``January 1,
2010''.
(b) Effective Date.--The amendments made by this section
shall apply to property placed in service after December 31,
2007.
SEC. 306. ENHANCED CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF
FOOD INVENTORY.
(a) In General.--Clause (iv) of section 170(e)(3)(C)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made after December 31, 2007.
SEC. 307. EXTENSION OF ENHANCED CHARITABLE DEDUCTION FOR
CONTRIBUTIONS OF BOOK INVENTORY.
(a) Extension.--Clause (iv) of section 170(e)(3)(D)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Clerical Amendment.--Clause (iii) of section
170(e)(3)(D) (relating to certification by donee) is amended
by inserting ``of books'' after ``to any contribution''.
(c) Effective Date.--The amendments made by this section
shall apply to contributions made after December 31, 2007.
SEC. 308. MODIFICATION OF TAX TREATMENT OF CERTAIN PAYMENTS
TO CONTROLLING EXEMPT ORGANIZATIONS.
(a) In General.--Clause (iv) of section 512(b)(13)(E)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to payments received or accrued after December
31, 2007.
SEC. 309. BASIS ADJUSTMENT TO STOCK OF S CORPORATIONS MAKING
CHARITABLE CONTRIBUTIONS OF PROPERTY.
(a) In General.--The last sentence of section 1367(a)(2)
(relating to decreases in basis)
[[Page 6373]]
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to contributions made in taxable years beginning
after December 31, 2007.
SEC. 310. INCREASE IN LIMIT ON COVER OVER OF RUM EXCISE TAX
TO PUERTO RICO AND THE VIRGIN ISLANDS.
(a) In General.--Paragraph (1) of section 7652(f) is
amended by striking ``January 1, 2008'' and inserting
``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to distilled spirits brought into the United
States after December 31, 2007.
SEC. 311. PARITY IN THE APPLICATION OF CERTAIN LIMITS TO
MENTAL HEALTH BENEFITS.
(a) In General.--Subsection (f) of section 9812 (relating
to application of section) is amended--
(1) by striking ``and'' at the end of paragraph (2),
(2) by striking the period at the end of paragraph (3) and
inserting ``, and before the date of the enactment of the
Alternative Minimum Tax and Extenders Tax Relief Act of 2008,
and'', and
(3) by adding at the end the following new paragraph:
``(4) after December 31, 2009.''.
(b) Amendment to the Employee Retirement Income Security
Act of 1974.--Section 712(f) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended
by inserting ``, and before the date of the enactment of the
Alternative Minimum Tax and Extenders Tax Relief Act of 2008,
and after December 31, 2009'' after ``December 31, 2007''.
(c) Amendment to the Public Health Service Act.--Section
2705(f) of the Public Health Service Act (42 U.S.C. 300gg-
5(f)) is amended by inserting ``, and before the date of the
enactment of the Alternative Minimum Tax and Extenders Tax
Relief Act of 2008, and after December 31, 2009'' after
``December 31, 2007''.
(d) Effective Date.--The amendments made by this section
shall apply to benefits for services furnished on or after
the date of the enactment of this Act.
SEC. 312. EXTENSION OF ECONOMIC DEVELOPMENT CREDIT FOR
AMERICAN SAMOA.
(a) In General.--Subsection (d) of section 119 of division
A of the Tax Relief and Health Care Act of 2006 is amended--
(1) by striking ``first two taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 313. EXTENSION OF MINE RESCUE TEAM TRAINING CREDIT.
Section 45N(e) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 314. EXTENSION OF ELECTION TO EXPENSE ADVANCED MINE
SAFETY EQUIPMENT.
Section 179E(g) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 315. EXTENSION OF EXPENSING RULES FOR QUALIFIED FILM AND
TELEVISION PRODUCTIONS.
Section 181(f) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 316. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.
(a) In General.--Subparagraph (C) of section 199(d)(8)
(relating to termination) is amended--
(1) by striking ``first 2 taxable years'' and inserting
``first 4 taxable years'', and
(2) by striking ``January 1, 2008'' and inserting ``January
1, 2010''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 317. EXTENSION OF QUALIFIED ZONE ACADEMY BONDS.
(a) In General.--Paragraph (1) of section 1397E(e) is
amended by striking ``and 2007'' and inserting ``2007, 2008,
and 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to obligations issued after the date of the
enactment of this Act.
SEC. 318. INDIAN EMPLOYMENT CREDIT.
(a) In General.--Subsection (f) of section 45A (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2007.
SEC. 319. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
INDIAN RESERVATION.
(a) In General.--Paragraph (8) of section 168(j) (relating
to termination) is amended by striking ``December 31, 2007''
and inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.
SEC. 320. RAILROAD TRACK MAINTENANCE.
(a) In General.--Subsection (f) of section 45G (relating to
application of section) is amended by striking ``January 1,
2008'' and inserting ``January 1, 2010''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred during taxable
years beginning after December 31, 2007.
SEC. 321. SEVEN-YEAR COST RECOVERY PERIOD FOR MOTORSPORTS
RACING TRACK FACILITY.
(a) In General.--Subparagraph (D) of section 168(i)(15)
(relating to termination) is amended to read as follows:
``(D) Application of paragraph.--Such term shall apply to
property placed in service after the date of the enactment of
the Alternative Minimum Tax and Extenders Tax Relief Act of
2008 and before January 1, 2010.''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after the date of
the enactment of this Act.
SEC. 322. EXPENSING OF ENVIRONMENTAL REMEDIATION COSTS.
(a) In General.--Subsection (h) of section 198 (relating to
termination) is amended by striking ``December 31, 2007'' and
inserting ``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to expenditures paid or incurred after December
31, 2007.
SEC. 323. EXTENSION OF WORK OPPORTUNITY TAX CREDIT FOR
HURRICANE KATRINA EMPLOYEES.
(a) In General.--Paragraph (1) of section 201(b) of the
Katrina Emergency Tax Relief Act of 2005 is amended by
striking ``2-year'' and inserting `` 4-year''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to individuals hired after August 27, 2007.
TITLE IV--EXTENSIONS OF ENERGY PROVISIONS
SEC. 401. EXTENSION OF CREDIT FOR ENERGY EFFICIENT
APPLIANCES.
(a) In General.--Subsection (b) of section 45M (relating to
applicable amount) is amended by striking ``calendar year
2006 or 2007'' each place it appears in paragraphs (1)(A)(i),
(1)(B)(i), (1)(C)(ii)(I), and (1)(C)(iii)(I), and inserting
``calendar year 2006, 2007, 2008, or 2009''.
(b) Restart of Credit Limitation.--Paragraph (1) of section
45M(e) (relating to aggregate credit amount allowed) is
amended by inserting ``beginning after December 31, 2007''
after ``for all prior taxable years''.
(c) Effective Date.--The amendments made by this section
shall apply to appliances produced after December 31, 2007.
SEC. 402. EXTENSION OF CREDIT FOR NONBUSINESS ENERGY
PROPERTY.
(a) In General.--Section 25C(g) (relating to termination)
is amended by striking ``December 31, 2007'' and inserting
``December 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2007.
SEC. 403. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY
EFFICIENT PROPERTY.
Section 25D(g) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
SEC. 404. EXTENSION OF RENEWABLE ELECTRICITY, REFINED COAL,
AND INDIAN COAL PRODUCTION CREDIT.
Section 45(d) (relating to qualified facilities) is amended
by striking ``January 1, 2009'' each place it appears in
paragraphs (1), (2), (3), (4), (5), (6), (7), (8), (9), and
(10) and inserting ``January 1, 2010''.
SEC. 405. EXTENSION OF NEW ENERGY EFFICIENT HOME CREDIT.
Subsection (g) of section 45L (relating to termination) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
SEC. 406. EXTENSION OF ENERGY CREDIT.
(a) Solar Energy Property.--Paragraphs (2)(A)(i)(II) and
(3)(A)(ii) of section 48(a) (relating to energy credit) are
each amended by striking ``January 1, 2009'' and inserting
``January 1, 2010''.
(b) Fuel Cell Property.--Subparagraph (E) of section
48(c)(1) (relating to qualified fuel cell property) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(c) Microturbine Property.--Subparagraph (E) of section
48(c)(2) (relating to qualified microturbine property) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
SEC. 407. EXTENSION AND MODIFICATION OF CREDIT FOR CLEAN
RENEWABLE ENERGY BONDS.
(a) Extension.--Section 54(m) (relating to termination) is
amended by striking ``December 31, 2008'' and inserting
``December 31, 2009''.
(b) Increase in National Limitation.--Section 54(f)
(relating to limitation on amount of bonds designated) is
amended--
(1) by striking ``$1,200,000,000'' in paragraph (1) and
inserting ``$1,600,000,000'', and
(2) by striking ``$750,000,000'' in paragraph (2) and
inserting ``$1,000,000,000''.
(c) Modification of Ratable Principal Amortization
Requirement.--
(1) In general.--Paragraph (5) of section 54(l) is amended
to read as follows:
``(5) Ratable principal amortization required.--A bond
shall not be treated as a clean renewable energy bond unless
it is part
[[Page 6374]]
of an issue which provides for an equal amount of principal
to be paid by the qualified issuer during each 12-month
period that the issue is outstanding (other than the first
12-month period).''.
(2) Technical amendment.--The third sentence of section
54(e)(2) is amended by striking ``subsection (l)(6)'' and
inserting ``subsection (l)(5)''.
(d) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.
SEC. 408. EXTENSION OF ENERGY EFFICIENT COMMERCIAL BUILDINGS
DEDUCTION.
Section 179D(h) (relating to termination) is amended by
striking ``December 31, 2008'' and inserting ``December 31,
2009''.
TITLE V--TAX ADMINISTRATION
SEC. 501. PERMANENT AUTHORITY FOR UNDERCOVER OPERATIONS.
(a) In General.--Section 7608(c) (relating to rules
relating to undercover operations) is amended by striking
paragraph (6).
(b) Effective Date.--The amendment made by this section
shall apply to operations conducted after the date of the
enactment of this Act.
SEC. 502. PERMANENT DISCLOSURES OF CERTAIN TAX RETURN
INFORMATION.
(a) Disclosures to Facilitate Combined Employment Tax
Reporting.--
(1) In general.--Section 6103(d)(5) (relating to disclosure
for combined employment tax reporting) is amended--
(A) by striking ``reporting'' in the heading thereof and
all that follows through ``The Secretary'' in subparagraph
(A) and inserting ``reporting.--The Secretary'', and
(B) by striking subparagraph (B).
(2) Effective date.--The amendments made by this subsection
shall apply to disclosures after the date of the enactment of
this Act.
(b) Disclosures Relating to Certain Programs Administered
by the Department of Veterans Affairs.--
(1) In general.--Section 6103(l)(7)(D) (relating to
programs to which rule applies) is amended by striking the
last sentence.
(2) Technical amendment.--Section 6103(l)(7)(D)(viii)(III)
is amended by striking ``sections 1710(a)(1)(I), 1710(a)(2),
1710(b), and 1712(a)(2)(B)'' and inserting ``sections
1710(a)(2)(G), 1710(a)(3), and 1710(b)''.
SEC. 503. DISCLOSURE OF INFORMATION RELATING TO TERRORIST
ACTIVITIES.
(a) Disclosure of Return Information to Apprise Appropriate
Officials of Terrorist Activities.--Clause (iv) of section
6103(i)(3)(C) (relating to termination) is amended by
striking ``December 31, 2007'' and inserting ``December 31,
2009''.
(b) Disclosure Upon Request of Information Relating to
Terrorist Activities.--Subparagraph (E) of section 6103(i)(7)
(relating to termination) is amended by striking ``December
31, 2007'' and inserting ``December 31, 2009''.
(c) Effective Date.--The amendments made by this section
shall apply to disclosures after the date of the enactment of
this Act.
______
By Mr. KOHL (for himself, Ms. Collins, and Mrs. Lincoln):
S. 2888. A bill to protect the property and security of homeowners
who are subject to foreclosure proceedings, and for other purposes; to
the Committee on Banking, Housing, and Urban Affairs.
Mr. KOHL. The legislation I have introduced with Senators Collins and
Lincoln attacks the growing problem of foreclosure rescue scams. I held
a revealing hearing in the Aging committee that uncovered the ways scam
artists prey on homeowners already in financial and emotional distress.
These scams are another consequence of the mortgage crisis that is
plaguing our country.
For most people, their home is their greatest asset. When a homeowner
falls behind in their mortgage payments, it is a great emotion strain.
Scam artists prey on an owner's desperation and give them a false sense
of security, claiming they can help ``save their home.'' The types of
scams vary, but the end result is that the homeowner is left in a more
desperate situation than before.
There are three types of prevalent scams. The first is ``phantom
help,'' where the ``rescuer'' claims that they call the homeowner's
lender and re-negotiate the loan for a fee. Often the homeowner will
pay the fee and the ``rescuer,'' will abandon the homeowner without
performing any intervention. The second is a ``rent-to-own'' scheme
which is set up to fail. A homeowner will sign over the title of the
house and make monthly payments to the scammer in order to help rebuild
their credit. However, the monthly payments are extremely high and
often result in the homeowner violating the contract and being evicted.
Finally, a homeowner may be tricked into unknowingly signing over the
title of their house and power of attorney to the scammer and the
scammer will then sell the house to a third party. The scam artist
might give the homeowner a small amount of money, but often only a
fraction of the actual selling price.
As one can clearly see, these scams are well crafted and extremely
complicated. Catie Doyle, the Chief attorney for Legal Aid Society of
Milwaukee, testified before the Special Committee on Aging, describing
the difficulties and problems lawyers are facing when trying to help
victims of these scams. One major problem she pointed out was that
lawyers have to piece together both state and federal laws to untangle
these scams.
The Foreclosure Rescue Fraud Act that Senators Collins, Lincoln and I
are offering will remedy Ms. Doyle's concerns. While there are some
states that have foreclosure rescue scam laws or are in the process of
enacting them, many homeowners still go unprotected from these
predators. This legislation will require that all contracts between a
foreclosure consultant be in writing and fully disclose the nature of
the services and the exact amount. Additionally, the bill prohibits up-
front fees from being collected and prohibits a ``consultant'' from
obtaining the power of attorney from a homeowner.
I also have a letter of support from a variety of consumer groups
including the Center of Responsible Lending, Consumer Federation of
America, National Community Reinvestment Coalition, and the National
Council of La Raza.
The foreclosure crisis is real. Most communities across the country
are experiencing both the primary and secondary effects. It is
important that we address fraud at the front end of the lending
process, as well, as for those who face foreclosure. I hope that we can
work together to move this legislation forward.
______
By Mr. AKAKA (by request):
S. 2889. A bill to amend title 38, United States Code, to improve
veterans' health care benefits, and for other purposes; to the
Committee on Veterans' Affairs.
Mr. AKAKA. Mr. President, today I introduce legislation requested by
the Secretary of Veterans Affairs, as a courtesy to the Secretary and
the Department of Veterans Affairs. Except in unusual circumstances, it
is my practice to introduce legislation requested by the Administration
so that such measures will be available for review and consideration.
This ``by-request'' bill would address a range of issues. On the
health care side, it would allow VA to contract with community
residential care programs for veterans with serious traumatic brain
injury. It would also eliminate copayments for all hospice care.
Further, it would expand continuing education benefits for physicians
and dentists. Finally, it would allow the Secretary to disclose the
names and addresses of certain VA patients without prior written
consent to collect payment from third-party health plans.
On the benefits side, this legislation would permanently authorize VA
to use data provided by the IRS and the Social Security Administration
to verify the incomes of recipients of needs-based benefits from VA. VA
uses this data to ensure that it does not disburse benefits and
payments to individuals who do not legally qualify to receive them.
This legislation would also provide a cost-of-living increase for VA
disability compensation for service-connected veterans and dependency
and indemnity compensation for survivors.
I am introducing this bill for the review and consideration of my
colleagues at the request of the Administration. As chairman of the
Committee on Veterans' Affairs, I have not taken a position on this
legislation.
Mr. President, I ask unanimous consent that the text of the bill and
a letter of support be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
[[Page 6375]]
S. 2889
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES
CODE.
(a) Short Title.--This Act may be cited as the ``Veterans
Health Care Act of 2008''.
(b) References.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment or repeal to a section or other
provision, the reference shall be considered to be made to a
section or other provision of title 38, United States Code.
SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR
CERTAIN VETERANS.
Section 1720 is amended by adding at the end the following
new subsection:
``(g) The Secretary may contract with appropriate entities
to provide specialized residential care and rehabilitation
services to a veteran of Operation Enduring Freedom or
Operation Iraqi Freedom who the Secretary determines suffers
from a traumatic brain injury, has an accumulation of
deficits in activities of daily living and instrumental
activities of daily living, and who, because of these
deficits, would otherwise require admission to a nursing home
even though such care would generally exceed the veteran's
nursing needs.
SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION.
Section 7411 is amended to read:
``The Secretary shall provide full-time board-certified
physicians and dentists appointed under section 7401(1) of
this title the opportunity to continue their professional
education through VA sponsored continuing education programs.
The Secretary may reimburse the physician or dentist up to
$1,000 per year for continuing professional education not
available through VA sources.''.
SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE.
(a) Section 1710(f)(1) is amended by adding ``(except if
such care constitutes hospice care)'' after ``nursing home
care'';
(b) Section 1710(g)(1) is amended by adding ``(except if
such care constitutes hospice care)'' after ``medical
services''.
SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY.
Section 124 of the Veterans' Benefits and Services Act of
1988 (title I of Public Law 100-322, as amended; 38 U.S.C.
7333 note) is repealed.
SEC. 6. DISCLOSURE OF MEDICAL RECORDS.
(a) Limited Exception to Confidentiality of Medical
Records.--Section 5701 is amended by adding at the end of the
following new subsection:
``(1) Under regulations that the Secretary shall prescribe,
the Secretary may disclose the name or address, or both, of
any individual who is a present or former member of the Armed
Forces, or who is a dependent of a present or former member
of the Armed Forces, to a third party, as defined in section
1729(i)(3)(D) of this title, in order to enable the Secretary
to collect reasonable charges under section 1729(a)(2)(E) of
this title for care or services provided for a non-service-
connected disability.''
(b) Disclosures From Certain Medical Records.--Section
7332(b)(2) is amended by adding at the end the following new
subparagraph: ``(F) To a third party, as defined in section
1729(i)(3)(D) of this title, to collect reasonable charges
under section 1729(a)(2)(E) of this title for care or
services provided for a non-service-connected disability.''
SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION.
Section 5317 is amended by striking subsection (g).
SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs
shall, effective on December 1, 2008, increase the dollar
amounts in effect for the payment of disability compensation
and dependency and indemnity compensation by the Secretary,
as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be
increased pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114 of title 38, United States Code;
(2) Additional Compensation for Dependents.--Each of the
dollar amounts in effect under section 1115(1) of such title;
(3) Clothing Allowance.--The dollar amount in effect under
section 1162 of such title;
(4) New DIC Rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a) of such
title;
(5) Old DIC Rates.--Each of the dollar amounts in effect
under section 1311(a)(3) of such title;
(6) Additional DIC for Surviving Spouses With Minor
Children.--The dollar amount in effect under section 1311(b)
of such title;
(7) Additional DIC for Disability.--Each of the dollar
amounts in effect under subsections (c) and (d) of section
1311 of such title;
(8) DIC for Dependent Children.--Each of the dollar amounts
in effect under sections 1313(a) and 1314 of such title.
(c) Determination of Increase.--
(1) The increase under subsection (a) shall be made in the
dollar amounts specified in subsection (b) as in effect on
November 30, 2008.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage
by which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2008, as a result of a determination under
section 215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust
administratively consistent with the increases made under
subsection (a), the rates of disability compensation payable
to persons within the purview of section 10 of Public Law No.
85-857 (72 Stat. 1263) who are not in receipt of compensation
payable pursuant to chapter 11 of title 38, United States
Code.
(e) Publication of Adjusted Rates.--At the same time as the
matters specified in section 215(i)(2)(D) of the Social
Security Act (42 U.S.C. 415(i)(2)(D)) are required to be
published by reason of a determination made under section
215(i) of such Act during fiscal year 2009, the Secretary of
Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b), as increased pursuant to
subsection (a).
____
The Secretary of Veterans Affairs,
Washington, March 18, 2008.
Hon. Richard B. Cheney,
President of the Senate,
Washington, DC.
Dear Mr. President: We are transmitting a draft bill, ``To
amend title 38, United States Code, to improve veterans'
health care benefits and for other purposes,'' We request
that the bill be referred to the appropriate committee for
prompt consideration and enactment. Enclosed with the bill is
a sectional analysis that describes each provision, provides
a rationale for the provision, and provides estimates of the
costs, savings and revenues that would result from enactment.
Our draft bill includes proposals contained in the
President's FY 09 budget request, to include a cost-of living
increase in rates of disability compensation and dependency
and indemnity compensation. Two of the proposals are
discussed in further detail below.
This Administration advocates focusing greater attention on
the long-term residential rehabilitation needs of veterans
with traumatic brain injuries who do not require nursing home
care but are unable to live independently in their homes. In
furtherance of that policy, our bill would authorize the
Secretary, in carrying out the Department of Veterans Affairs
(VA) community residential care program, to contract for
specialized residential care and rehabilitation services for
veterans of Operation Enduring Freedom and/or Operation Iraqi
Freedom (OEF/OIF) who: (1) suffer from traumatic brain
injury, (2) have an accumulation of deficits in activities of
daily living and instrumental activities of daily living that
affects their ability to care for themselves, and (3) would
otherwise receive their care and rehabilitation in a nursing
home, which exceeds their nursing needs. This authority would
provide the Department with a far more appropriate treatment
setting for the provision of long-term rehabilitation
services. VA estimates the discretionary cost of this
proposal to be $1,427,000 in fiscal year 2009 and $79,156,000
over a 10-year period.
In 2004, Congress amended the law to eliminate copayment
requirements for hospice care furnished in a VA nursing home.
The bill contains a provision to exempt all hospice care from
copayments by amending 38 U.S.C. Sec. 1710 to eliminate co-
payment requirements for veterans receiving VA hospice care
either in a VA hospital or at home on an outpatient basis.
The provision would provide equitable treatment for all
veterans receiving such care and would also align VA with the
Medicare program, which does not impose co-payments for
hospice care (regardless of setting). There are no costs
associated with enactment of this proposal. Projected
discretionary revenue loss is estimated to be $149,000 in
fiscal year 2009 and $1,400,000 over 10 years.
The Office of Management and Budget advises that the
transmission of this legislative package is in accord with
the President's program.
Sincerely yours,
James B. Peake, M.D.
______
By Mr. McCAIN (for himself, Mr. Kyl, Mr. Burr, Mr. Graham, Mr.
Martinez, Mr. Warner, Mr. Chambliss, Mr. Lieberman, and Mr.
Sununu):
S. 2890. A bill to amend the Internal Revenue Code of 1986 to provide
for a highway fuel tax holiday; to the Committee on Finance.
Mr. McCAIN. Mr. President, I am pleased to be joined today by
Senators Kyl, Burr, Graham, Martinez, Warner, Chambliss, Lieberman,
Wicker and Sununu in introducing legislation that would provide all
Americans with
[[Page 6376]]
a ``gas tax holiday'' this summer. This bill would suspend the 18.4
cents-per-gallon Federal tax on gasoline and the 24.4 cents-per-gallon
tax on diesel fuel from Memorial Day to Labor Day.
Today, this legislation was put forward on the Senate floor as an
amendment to the Highway Technical Corrections bill, but it was blocked
from being considered. I now call on my colleagues on both sides of the
aisle to come together to support this proposal that would provide
immediate relief to all Americans suffering from the high price of gas.
Mr. President, hardworking American families are facing many
difficult challenges due to the current economic realities facing our
country. Now, more than ever, they find themselves having to choose
between basic needs to provide for their families, and this is being
greatly exacerbated by rising gasoline prices, which have risen by more
than 58 percent in the last 14 months. That is why I am pleased to be
joined by so many of my colleagues in offering a proposal to provide
some needed relief for every person who will be filling their gas or
diesel tanks this summer.
In the past year, the price of unleaded regular gas has increased 53
cents per gallon. Diesel fuel prices nationwide are now over $1.30 more
per gallon more than this time last year. With the growing financial
strains placed on so many Americans--rising food prices and falling
home prices--the additional hit of rising fuel prices is becoming the
breaking point.
In an effort to ease some of the hardship caused by the higher fuel
prices, our bill would suspend the Federal tax on gas and the tax on
diesel fuel from Memorial Day to Labor Day. Last Memorial Day, alone,
approximately 32 million Americans traveled by car 50 miles or more
from home. Suspending the federal excise tax during the summer, when
fuel prices have historically been at the highest annually, would allow
Americans to keep a few more of their hard-earned dollars.
Now, let me be clear: this bill would not harm the Highway Trust
Fund. This bill would ensure that the Highway Trust Fund remains whole
during this ``gas tax holiday'' by transferring monies from the General
Treasury. We all agree that our roads and highways must be maintained
and improved to ensure the safety of the road-traveling public, and
this amendment would do nothing to impact highway construction.
So, my colleagues have an opportunity to take meaningful action to
ease some of the financial burdens that are impacting all hardworking
Americans every time they fill up their gas or diesel tanks. Let's put
some acton behind the usual rhetoric around here and vote to ease their
tax burden this summer.
______
By Mr. KENNEDY (for himself, Mrs. Clinton, Mr. Obama, Mr. Brown,
Mr. Feingold, and Mr. Schumer):
S. 2891. A bill to amend the National Labor Relations Act to apply
the protections of the Act to teaching and research assistants; to the
Committee on Health, Education, Labor, and Pensions.
Mr. KENNEDY. Mr. President, it is important for Congress to do more
to guarantee graduate students the right to organize and to bargain
over their wages and working conditions as teaching and research
assistants, so I am introducing legislation today to do so.
More than ever in modern education, teaching and research assistants
are in classrooms every day, educating students in colleges and
universities across the country. Their numbers are increasing as the
number of full time faculty dwindles. Often, teaching and research
assistants are now doing the same job as junior faculty members.
In fact, the classroom is a workplace for these scholars. It's where
they earn the money they need to pay to put food on their tables and a
roof over their heads. They deserve the right to stand together and
make their voice heard in their workplace. Like other employees, they
should have the right to join a union and improve their working
conditions. Obviously, better wages and working conditions for them
also means better education for their students.
In 2004, however, a decision by the National Labor Relations Board
changed the law and denied fundamental workplace rights and protections
for teaching and research assistants. This ruling stopped an active
organizing movement in its tracks and deprived thousands of teaching
and research assistants of their right to organize and bargain over
their wages and working conditions.
It is hardly the only bad decision by the National Labor Relations
Board under the Bush administration, which has been the most anti-
worker, anti-labor, anti-union NLRB in history. The Board has let
workers down at every turn. It has blocked efforts to gain union
representation, undermined workers' attempts to improve their pay and
benefits, and exposed them to penalties for seeking to improve their
working conditions.
The National Labor Relations Board is supposed to protect the rights
of American workers, but it is failing teaching and research
assistants, just as it has failed so many others. By passing the
Teaching and Research Assistants Collective Bargaining Rights Act,
Congress will give these workers back the rights that the National
Labor Relations Board has taken away. This legislation amends the
definition of employee under the National Labor Relations Act to
explicitly include teaching and research assistants at private
universities and colleges and restores the law to where it was before
the Bush board's anti-worker decision.
This bill is a significant step forward in restoring workers' rights,
and I urge my colleagues to join in supporting this important
legislation.
____________________
SUBMITTED RESOLUTIONS
______
SENATE RESOLUTION 519--WELCOMING POPE BENEDICT XVI TO THE UNITED STATES
AND RECOGNIZING THE UNIQUE INSIGHTS HIS MORAL AND SPIRITUAL REFLECTIONS
BRING TO THE WORLD STAGE
Mr. BROWNBACK (for himself, Mr. Casey, Mr. McCain, Mr. Coleman, Mr.
Burr, Ms. Collins, Mr. Domenici, Mrs. Dole, Mrs. Hutchison, Mr. Craig,
Ms. Murkowski, Mr. Thune, Mr. Chambliss, Mr. Enzi, Ms. Mikulski, Mr.
Hatch, Mr. Roberts, Mr. Allard, Mr. Akaka, Mr. Alexander, Mr. Barrasso,
Mr. Baucus, Mr. Bayh, Mr. Bennett, Mr. Biden, Mr. Bingaman, Mr. Bond,
Mrs. Boxer, Mr. Brown, Mr. Bunning, Mr. Byrd, Ms. Cantwell, Mr. Cardin,
Mr. Carper, Mrs. Clinton, Mr. Coburn, Mr. Cochran, Mr. Conrad, Mr.
Corker, Mr. Cornyn, Mr. Crapo, Mr. DeMint, Mr. Dodd, Mr. Dorgan, Mr.
Durbin, Mr. Ensign, Mr. Feingold, Mrs. Feinstein, Mr. Graham, Mr.
Grassley, Mr. Gregg, Mr. Hagel, Mr. Harkin, Mr. Inhofe, Mr. Inouye, Mr.
Isakson, Mr. Johnson, Mr. Kennedy, Mr. Kerry, Ms. Klobuchar, Mr. Kohl,
Mr. Kyl, Ms. Landrieu, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr.
Lieberman, Mrs. Lincoln, Mr. Lugar, Mr. Martinez, Mrs. McCaskill, Mr.
McConnell, Mr. Menendez, Mrs. Murray, Mr. Nelson of Florida, Mr. Nelson
of Nebraska, Mr. Obama, Mr. Pryor, Mr. Reed, Mr. Reid, Mr. Rockefeller,
Mr. Salazar, Mr. Sanders, Mr. Schumer, Mr. Sessions, Mr. Shelby, Mr.
Smith, Ms. Snowe, Mr. Specter, Ms. Stabenow, Mr. Stevens, Mr. Sununu,
Mr. Tester, Mr. Vitter, Mr. Voinovich, Mr. Warner, Mr. Webb, Mr.
Whitehouse, Mr. Wicker, and Mr. Wyden) submitted the following
resolution; which was considered and agreed to:
S. Res. 519
Whereas Pope Benedict XVI will travel to the United States
for his first pastoral visit as Pope and will visit
Washington, DC, and New York;
Whereas Pope Benedict XVI was elected as the 265th Bishop
of Rome on April 19, 2005, succeeding the much beloved Pope
John Paul II;
Whereas the visit of Pope Benedict XVI will mark the 9th
visit of a pope to the United States, recognizing the
historical importance of the Catholic Church in American
life, the deep faith and charity of its members, and the
responsibilities of the United States in world affairs;
[[Page 6377]]
Whereas Pope Benedict XVI has spoken approvingly of the
vibrance of religious faith in the United States, a faith
nourished by a constitutional commitment to religious
liberty;
Whereas Pope Benedict XVI remains committed to ecumenical
dialogue and, during his trip to the United States, will meet
with leaders of world religions and representatives of other
Christian denominations and will visit a synagogue in New
York City, all demonstrating his commitment to sincere
dialogue and unity among all members of the human family;
Whereas Pope Benedict XVI has authored 2 encyclical letters
inviting the world to meditate on the virtues of love and
hope, ``Deus caritas est'' and ``Spe salvi'';
Whereas millions of Americans have discovered in Pope
Benedict 's words a renewed faith in the power of hope over
despair and love over hate;
Whereas Pope Benedict XVI has been a clear and courageous
voice for the voiceless, working tirelessly for the
recognition of human dignity and religious freedom across the
globe;
Whereas Pope Benedict XVI has spoken out for the weak and
vulnerable;
Whereas Pope Benedict XVI seeks to advance a ``civilization
of love'' across our world; and
Whereas Catholics in parishes and schools across the
Nation, and countless other Americans as well, eagerly await
the visit of Pope Benedict XVI to the United States: Now,
therefore, be it
Resolved, That the Senate welcomes Pope Benedict XVI on the
occasion of his first pastoral visit to the United States and
recognizes the unique insights his moral and spiritual
reflections bring to the world stage.
____________________
SENATE RESOLUTION 520--DESIGNATING MAY 16, 2008, AS ``ENDANGERED
SPECIES DAY''
Mrs. FEINSTEIN (for herself, Ms. Collins, Ms. Cantwell, Mr.
Lieberman, Mrs. Clinton, Mr. Kerry, Mr. Brown, Ms. Snowe, Mr. Levin,
Mrs. Boxer, and Mr. Feingold) submitted the following resolution; which
was referred to the Committee on the Judiciary:
S. Res. 520
Whereas, in the United States and around the world, more
than 1,000 species are officially designated as at risk of
extinction and thousands more also face a heightened risk of
extinction;
Whereas the actual and potential benefits that may be
derived from many species have not yet been fully discovered
and would be permanently lost if not for conservation
efforts;
Whereas recovery efforts for species such as the whooping
crane, Kirtland's warbler, the peregrine falcon, the gray
wolf, the gray whale, the grizzly bear, and others have
resulted in great improvements in the viability of such
species;
Whereas saving a species requires a combination of sound
research, careful coordination, and intensive management of
conservation efforts, along with increased public awareness
and education;
Whereas \2/3\ of endangered or threatened species reside on
private lands;
Whereas voluntary cooperative conservation programs have
proven to be critical to habitat restoration and species
recovery; and
Whereas education and increasing public awareness are the
first steps in effectively informing the public about
endangered species and species restoration efforts: Now,
therefore, be it
Resolved, That the Senate--
(1) designates May 16, 2008, as ``Endangered Species Day'';
and
(2) encourages schools to spend at least 30 minutes on
Endangered Species Day teaching and informing students
about--
(A) threats to endangered species around the world; and
(B) efforts to restore endangered species, including the
essential role of private landowners and private stewardship
in the protection and recovery of species; and
(3) encourages organizations, businesses, private
landowners, and agencies with a shared interest in conserving
endangered species to collaborate in developing educational
information for use in schools; and
(4) encourages the people of the United States--
(A) to become educated about, and aware of, threats to
species, success stories in species recovery, and
opportunities to promote species conservation worldwide; and
(B) to observe the day with appropriate ceremonies and
activities.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce a resolution
to establish the third annual Endangered Species Day on May 16, 2008. I
am introducing this resolution with Senators Collins, Cantwell,
Lieberman, Clinton, Kerry, Brown, Snowe, Levin, Boxer, and Feingold
whose co-sponsorship I appreciate.
I want to commend my constituent, Mr. David Robinson, who first
suggested the establishment of an Endangered Species Day. Mr. Robinson
is an example of people who really do make a difference.
The designation of Endangered Species Day will provide many wonderful
opportunities for the public to familiarize themselves with the status
and recovery efforts of endangered species in our country and around
the world.
Last year, more than 50 events were held across the country to
highlight endangered species success stories. The Governor of Maine,
and the cities and counties of Santa Barbara, San Diego, and San
Francisco also declared state and local Endangered Species Days. Zoos
and aquariums across the country, such as the Roger Williams Zoo and
the San Diego Wild Animal Park, also held educational events.
Based on the success of last year, I am confident that the events of
this year's Endangered Species Day will continue to foster increased
communication and awareness about many of the most endangered species
by encouraging such activities as school field trips to the zoo or
attending a lecture at the local library. In my city of San Francisco,
the Golden Gate National Recreation Area and the Farralones National
Marine Sanctuary plan to hold special tours and viewings of endangered
species to commemorate this special day.
Endangered Species recovery programs in California are examples of
the conservation and management efforts that have helped significantly
restore populations of California condor, the least Bell's vireo
songbird, and the California gray whale. Over 300 species classified as
either endangered or threatened currently call California home, and
efforts to protect them will ensure that they continue to do so.
Despite these success stories, we need to be aware that more can be
done. At this time, we have more than 5,000 threatened species in the
U.S. and abroad, which receive protection. One small step is to
increase awareness about the seriousness of the circumstances facing
many of these endangered species and educating the public about them.
I am introducing this bill with the hope that Endangered Species Day
can spark the wonder and interest in our youth to continue the
conservation efforts we have begun, but still are far from finishing.
I urge my colleagues to join me in supporting this resolution.
____________________
SENATE RESOLUTION 521--AUTHORIZING THE TAKING OF A PHOTOGRAPH IN THE
CHAMBER OF THE UNITED STATES SENATE
Mr. REID (for himself and Mr. McConnell) submitted the following
resolution; which was considered and agreed to:
S. Res. 521
Resolved, That paragraph 1 of Rule IV of the Rules for the
Regulation of the Senate Wing of the United States Capitol
(prohibiting the taking of pictures in the Senate Chamber) be
temporarily suspended for the sole and specific purpose of
permitting the Senate Photographic Studio to photograph the
United States Senate in actual session on Tuesday, June 3,
2008, at the hour of 2:15 p.m.
Sec. 2. The Sergeant at Arms of the Senate is authorized
and directed to make the necessary arrangements therefor,
which arrangements shall provide for a minimum of disruption
to Senate proceedings.
____________________
SENATE RESOLUTION 522--RECOGNIZING THE 60TH ANNIVERSARY OF THE FOUNDING
OF THE MODERN STATE OF ISRAEL AND REAFFIRMING THE BONDS OF CLOSE
FRIENDSHIP AND COOPERATION BETWEEN THE UNITED STATES AND ISRAEL
Mr. REID (for himself, Mr. McConnell, Mr. Akaka, Mr. Alexander, Mr.
Allard, Mr. Barrasso, Mr. Baucus, Mr. Bayh, Mr. Bennett, Mr. Biden, Mr.
Bingaman, Mr. Bond, Mrs. Boxer, Mr. Brown, Mr. Brownback, Mr. Bunning,
Mr. Burr, Mr. Byrd, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey,
Mr. Chambliss, Mrs. Clinton, Mr. Coburn, Mr. Cochran, Mr. Coleman, Ms.
Collins, Mr. Conrad, Mr. Corker, Mr. Cornyn, Mr. Craig, Mr. Crapo, Mr.
DeMint, Mr. Dodd, Mrs. Dole, Mr.
[[Page 6378]]
Domenici, Mr. Dorgan, Mr. Durbin, Mr. Ensign, Mr. Enzi, Mr. Feingold,
Mrs. Feinstein, Mr. Graham, Mr. Grassley, Mr. Gregg, Mr. Hagel, Mr.
Harkin, Mr. Hatch, Mrs. Hutchison, Mr. Inhofe, Mr. Inouye, Mr. Isakson,
Mr. Johnson, Mr. Kennedy, Mr. Kerry, Ms. Klobuchar, Mr. Kohl, Mr. Kyl,
Ms. Landrieu, Mr. Lautenberg, Mr. Leahy, Mr. Levin, Mr. Lieberman, Mrs.
Lincoln, Mr. Lugar, Mr. Martinez, Mr. McCain, Mrs. McCaskill, Mr.
Menendez, Ms. Mikulski, Ms. Murkowski, Mrs. Murray, Mr. Nelson of
Florida, Mr. Nelson of Nebraska, Mr. Obama, Mr. Pryor, Mr. Reed, Mr.
Roberts, Mr. Rockefeller, Mr. Salazar, Mr. Sanders, Mr. Schumer, Mr.
Sessions, Mr. Shelby, Mr. Smith, Ms. Snowe, Mr. Specter, Ms. Stabenow,
Mr. Stevens, Mr. Sununu, Mr. Tester, Mr. Thune, Mr. Vitter, Mr.
Voinovich, Mr. Warner, Mr. Webb, Mr. Whitehouse, Mr. Wicker, and Mr.
Wyden) submitted the following resolution; which was referred to the
Committee on Foreign Relations:
S. Res. 522
Whereas on November 29, 1947, the United Nations General
Assembly voted to partition the British Mandate of Palestine
and create a Jewish state;
Whereas on May 14, 1948, the people of Israel proclaimed
the establishment of the sovereign and independent State of
Israel, and the United States Government established full
diplomatic relations with Israel;
Whereas the desire of the Jewish people to establish an
independent modern State of Israel is an outgrowth of the
existence of the historic kingdom of Israel established in
the Land of Israel 3,000 years ago, with the city of
Jerusalem as its capital;
Whereas for over 2,000 years, there has been continuous
Jewish presence and residence in the land comprising the
modern State of Israel;
Whereas the establishment of the modern State of Israel as
a homeland for the Jewish people followed the slaughter of
more than 6,000,000 European Jews during the Holocaust;
Whereas since its establishment 60 years ago, the modern
State of Israel has rebuilt a nation, forged a new and
dynamic democratic society, and created a thriving economic,
political, cultural, and intellectual life despite the heavy
costs of war, terrorism, and unjustified diplomatic and
economic boycotts against the people of Israel;
Whereas the people of Israel have established a vibrant,
pluralistic, democratic political system, including freedom
of speech, association, and religion; a vigorously free
press; free, fair and open elections; the rule of law; a
fully independent judiciary; and other democratic principles
and practices;
Whereas Israel has developed some of the leading
universities in the world, and 8 Israeli citizens have been
awarded the Nobel Prize;
Whereas Israel has developed an advanced, entrepreneurial
economy, is among the world's leaders in the high-tech
industry, and is at the forefront of research and development
in the field of renewable energy sources;
Whereas Israel regularly sends humanitarian aid, search-
and-rescue teams, mobile hospitals, and other emergency
supplies, to help victims of disasters around the world,
including the 1994 Rwandan civil war, the 1998 bombing of the
United States Embassy in Kenya, the 1999 earthquakes in
Turkey, the 2004 Indian Ocean tsunami, the 2005 hurricanes
along the southern coast of the United States, and the 2007
fires in Greece;
Whereas Israel has absorbed millions of Jews from countries
throughout the world and fully integrated them into Israeli
society;
Whereas Israel has bravely defended itself from repeated
terrorist and military attacks since its independence;
Whereas successive leaders of Israel have sought to achieve
peace with Israel's Arab neighbors;
Whereas Israel has established peaceful bilateral relations
with neighboring Egypt and Jordan and has made its desire to
establish peaceful relations with all Arab states abundantly
clear;
Whereas for 6 decades, the United States and Israel have
maintained a special relationship based on mutually shared
democratic values, common strategic interests, and moral
bonds of friendship and mutual respect;
Whereas the American people feel a strong affinity for the
Israeli people based on common values and shared cultural
heritage; and
Whereas the United States continues to regard Israel as a
strong and trusted ally and an important strategic partner:
Now, therefore, be it
Resolved, That the Senate--
(1) recognizes the historic significance of the 60th
anniversary of the reestablishment of the sovereign and
independent State of Israel as a homeland for the Jewish
people;
(2) reaffirms the bonds of friendship and cooperation which
have existed between the United States and Israel for the
past 60 years, and commits to strengthening those bonds;
(3) commends the people of Israel for their remarkable
achievements in building a new state and a pluralistic,
democratic society in the face of terrorism, as well as
hostility, ostracism, and belligerence from many of their
neighbors;
(4) reaffirms its support for Israel's right to defend
itself against threats to its security and existence;
(5) reaffirms its enduring support for Israel as Israel
pursues peace with its neighbors; and
(6) extends the warmest congratulations and best wishes to
the State of Israel and the Israeli people for a peaceful,
prosperous, and successful future.
Mr. REID. Mr. President, I come to the floor today with the distinct
honor of introducing a resolution with my friend Senator McConnell
commemorating the 60th anniversary of the founding of the modern State
of Israel.
On this historic occasion, Jews and non-Jews from around the world
will come together to celebrate 60 years of Israeli independence. Out
of the dark shadows of the Holocaust, which claimed the lives of over 6
million Jews, and many others, the state of Israel was reborn on the
very same lands where the Jewish people had maintained a continuous
presence for more than 2 millennia.
As an American, I am so proud that the United States has stood by
Israel, our closest of allies, from the very beginning of its modern
existence. On May 14, 1948, the date on which the people of Israel
proclaimed the establishment of the sovereign and independent state of
Israel, the United States was right there to offer our unwavering
support and establish full diplomatic ties with our new friend. Sixty
years later, I want the new generations of Israelis and Jewish-
Americans to know that America reaffirms its commitment to the U.S.-
Israel alliance and pledges to strengthen the bonds we have forged
throughout the decades.
Yom Ha'atzmaut, the Israeli Independence Day, falls on May 8th this
year, the same day the world traditionally celebrates the Allied
victory over Nazism. Because of America's commitment to defeating
European fascism, the histories of the United States and Israel will be
forever linked. For it was from the ashes of World War II that our
great country rose to become a global superpower at the same time a
beacon of democracy and hope was established in the Holy Land.
Today, we face a new set of challenges to peace and freedom. As we
have so many times before, the United States and Israel will stand
together to combat those who seek to undermine the right of a Jewish
state to exist. The Middle East remains an extremely volatile region
with a series of ongoing violent conflicts, so it is a great comfort to
know that we have a strong partner in such a strategically important
part of the globe.
In a region long dominated by autocratic and monarchic traditions,
Israel has been a paragon of democratic pluralism. Over the course of
its modern existence, Israeli society has defended the principles we,
as Americans, hold in such high esteem: freedom of speech, religion,
and the press, an independent judiciary, and free market capitalism.
Israel's strong democracy, despite being constantly under siege from
neighboring states and terrorist entities, shows a remarkable
commitment to the ideals of freedom and democracy.
Millions of Americans will undoubtedly commemorate this momentous
anniversary, including thousands in my home State of Nevada. I am very
fortunate to hail from a part ofthe country with such a dynamic Jewish
community; one that is committed to promoting the interests of our
great State in any way they can. I would like to offer special
congratulations to all those folks in Nevada who have worked so hard to
put on events to honor the 60th anniversary of Israeli independence.
In the spirit of continuing the tradition of strong U.S.-Israel
relations, I urge this entire chamber to wish all those who choose to
celebrate this occasion another 60 years of happiness and prosperity.
My best wishes for a safe and peaceful anniversary celebration.
[[Page 6379]]
____________________
AMENDMENTS SUBMITTED AND PROPOSED
SA 4542. Mr. LAUTENBERG submitted an amendment intended to
be proposed to amendment SA 4146 proposed by Mrs. Boxer to
the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to
make technical corrections, and for other purposes; which was
ordered to lie on the table.
SA 4543. Mr. LAUTENBERG submitted an amendment intended to
be proposed by him to the bill H.R. 1195, supra; which was
ordered to lie on the table.
SA 4544. Ms. LANDRIEU (for herself and Mr. Vitter)
submitted an amendment intended to be proposed by her to the
bill H.R. 1195, supra; which was ordered to lie on the table.
SA 4545. Ms. LANDRIEU submitted an amendment intended to be
proposed to amendment SA 4146 proposed by Mrs. Boxer to the
bill H.R. 1195, supra; which was ordered to lie on the table.
SA 4546. Mr. SPECTER (for himself and Mr. Casey) submitted
an amendment intended to be proposed to amendment SA 4146
proposed by Mrs. Boxer to the bill H.R. 1195, supra; which
was ordered to lie on the table.
SA 4547. Mr. STEVENS (for himself and Ms. Murkowski)
submitted an amendment intended to be proposed by him to the
bill H.R. 1195, supra; which was ordered to lie on the table.
SA 4548. Mr. SPECTER (for himself and Mr. Casey) submitted
an amendment intended to be proposed by him to the bill H.R.
1195, supra; which was ordered to lie on the table.
SA 4549. Ms. MURKOWSKI submitted an amendment intended to
be proposed to amendment SA 4146 proposed by Mrs. Boxer to
the bill H.R. 1195, supra; which was ordered to lie on the
table.
SA 4550. Mr. GRAHAM submitted an amendment intended to be
proposed by him to the bill H.R. 1195, supra; which was
ordered to lie on the table.
SA 4551. Mr. SMITH submitted an amendment intended to be
proposed to amendment SA 4146 proposed by Mrs. Boxer to the
bill H.R. 1195, supra; which was ordered to lie on the table.
SA 4552. Mr. DODD (for himself, Mr. Shelby, and Mr.
Schumer) submitted an amendment intended to be proposed by
him to the bill H.R. 1195, supra; which was ordered to lie on
the table.
SA 4553. Mrs. HUTCHISON (for herself, Mr. Cornyn, Ms.
Landrieu, Mr. Stevens, Mrs. Lincoln, Ms. Murkowski, Mr.
Martinez, and Mr. Coleman) submitted an amendment intended to
be proposed to amendment SA 4146 proposed by Mrs. Boxer to
the bill H.R. 1195, supra; which was ordered to lie on the
table.
SA 4554. Mr. CARDIN (for himself, Mr. Warner, Ms. Mikulski,
and Mr. Webb) submitted an amendment intended to be proposed
by him to the bill H.R. 1195, supra; which was ordered to lie
on the table.
SA 4555. Mr. KENNEDY submitted an amendment intended to be
proposed to amendment SA 4146 proposed by Mrs. Boxer to the
bill H.R. 1195, supra; which was ordered to lie on the table.
SA 4556. Mr. BAUCUS submitted an amendment intended to be
proposed by him to the bill H.R. 1195, supra; which was
ordered to lie on the table.
SA 4557. Mr. BAUCUS submitted an amendment intended to be
proposed by him to the bill H.R. 1195, supra; which was
ordered to lie on the table.
SA 4558. Mr. KYL (for himself, Mr. McCain, Mr. Warner, Mr.
Burr, Mr. Martinez, Mr. Lieberman, Mr. Graham, Mr. Wicker,
and Mr. Chambliss) submitted an amendment intended to be
proposed by him to the bill H.R. 1195, supra; which was
ordered to lie on the table.
____________________
TEXT OF AMENDMENTS
SA 4542. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R.
1195, to amend the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users to make technical
corrections, and for other purposes; which was ordered to lie on the
table; as follows:
On page 124, between lines 7 and 8, insert the following:
(s) Definition.--Section 14504a(a)(5) of title 49, United
States Code, is amended by striking ``title.'' and inserting
``title, except carriers that the unified carrier
registration plan board of directors deems appropriate.''.
______
SA 4543. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill H.R. 1195, to amend the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users to
make technical corrections, and for other purposes; which was ordered
to lie on the table; as follows:
On page 92, strike lines 15 and 16 and insert the
following:
paving'';
(3) in item number 1663 by inserting ``and construct
intermodal facilities and fixed guideways in Jersey City''
after ``right-of-way''; and
(4) in item number 614 by inserting ``and for
______
SA 4544. Ms. LANDRIEU (for herself and Mr. Vitter) submitted an
amendment intended to be proposed by her to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
On page 110, after line 20, insert the following:
(e) Project Modification.--The description for item 67 in
section 3044(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59) is amended to read as follows: ``Union Passenger
Terminal Planning and Master Plan and Infrastructure
Improvements in Orleans Parish, Louisiana''.
______
SA 4545. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
On page 92, strike lines 15 and 16 and insert the
following:
paving'';
(3) in item number 1483 by striking the project description
and inserting ``Lapalco Boulevard Improvements in Jefferson
Parish''; and
(4) in item number 614 by inserting ``and for
______
SA 4546. Mr. SPECTER (for himself and Mr. Casey) submitted an
amendment intended to be proposed to amendment SA 4146 proposed by Mrs.
Boxer to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:
On page 8, between lines 17 and 18, insert the following:
(l) Use of Toll Credits.--Section 120(j)(1) of title 23,
United States Code, is amended--
(1) in subparagraph (A), by striking ``A State'' and
inserting ``Subject to subparagraph (D), a State''; and
(2) by adding at the end the following:
``(D) Exception.--Subparagraph (A) shall not apply to the
use of Appalachian development highway system funds for any
highway project relating to United States Route 219 (Corridor
N) in Somerset County, Pennsylvania.''.
______
SA 4547. Mr. STEVENS (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed to the bill H.R. 1195, to amend the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users to make technical corrections, and for other purposes;
which was ordered to lie on the table; as follows:
On page 119, after line 2, insert the following:
(s) Project Modification.--The description for item 422 in
section 3044(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law
109-59) in amended to read as follows: ``People Mover Public
Transportation System buses and bus facilities, Anchorage,
Alaska''.
______
SA 4548. Mr. SPECTER (for himself and Mr. Casey) submitted an
amendment intended to be proposed by him to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.
(a) Mileage Extension.--Section 14501(a) of title 40,
United States Code is amended by striking ``three thousand
and ninety miles'' and inserting ``3,142 miles''.
(b) Development of Multi-Lane Highway.--
(1) Authorization.--A multi-lane highway, to be designated
as Corridor P-1, shall be developed in Pennsylvania along the
route described in paragraph (2) as an extension of the
Appalachian development highway system, with intersections
and interchanges at appropriate crossroad locations.
(2) Description.--Corridor P-1 shall--
[[Page 6380]]
(A) extend approximately 52 miles along the alignment of
United States Route 15 from its intersection with United
States Routes 22 and 322 near Duncannon, Pennsylvania;
(B) extend northward, crossing the Susquehanna River north
of Shamokin Dam, Pennsylvania;
(C) merge onto Pennsylvania Route 147; and
(D) proceed northward to the connection with Interstates 80
and 180 north of Milton, Pennsylvania.
(3) Effect on apportionments.--The mileage and the estimate
of the costs to complete Corridor P-1 shall not affect
apportionments made to Pennsylvania to complete the
Appalachian development highway system.
(4) Federal share.--Federal assistance authorized under
section 14501 of title 40, United States Code, shall not be
more than 80 percent of the cost of developing a 13-mile
segment of Corridor P-1 designated by the Secretary of
Transportation.
______
SA 4549. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
On page 20, strike lines 13 and 14 and insert the
following:
(19) in item number 777 by striking the project description
and amount and inserting ``Akutan Airport access'' and
$3,500,000'', respectively;
On page 31, strike lines 20 through 23 and insert the
following:
(98) in item number 161 by striking the project description
and amount and inserting ``Construct False Pass causeway and
road to the terminus of the south arm breakwater project''
and ``$1,000,000'', respectively;
______
SA 4550. Mr. GRAHAM submitted an amendment intended to be proposed by
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:
On page 107, line 4, strike ``and'' and all that follows
through line 5, and insert the following:
(B) by striking paragraph (10); and
(C) in paragraph (15), by striking ``South Carolina
Department of Transportation Light Rail study'' and inserting
``South Carolina Department of Transportation Corridor
Study''.
______
SA 4551. Mr. SMITH submitted an amendment intended to be proposed to
amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in the bill, insert:
``In item number 3544, by striking the project description
and inserting `Construction of access road including
sidewalks, bike lanes, and railroad crossing from Highway 99W
to Cascade View Industrial Properties and/or construction of
transportation improvements for the Airport Industrial Park,
Corvallis.' ''
______
SA 4552. Mr. DODD (for himself, Mr. Shelby, and Mr. Schumer)
submitted an amendment intended to be proposed by him to the bill H.R.
1195, to amend the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users to make technical
corrections, and for other purposes; which was ordered to lie on the
table; as follows:
On page 117, after line 12, insert the following:
(8) Modification of terms of section 5338(b)(2)(E) of title
49, united states code.--Of the funds authorized for fiscal
year 2007 in section 5338(b)(2)(E) of title 49, United States
Code, $213,600,000 that is not otherwise designated for
specific projects under section 3044(a) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: a
Legacy for Users (Public Law 109-59) shall be allocated by
the Federal Transit Administration in accordance with the
``Bus and Bus Facilities Discretionary Program Grants Notice
of Availability and Solicitation of Grant Applications''
published in the Federal Register on March 23, 2007 (FR
13968-13971). Such allocation shall be made within 90 days of
enactment of this Act, and the Federal Transit Administration
shall notify the appropriate Congressional committees of such
allocation 3 days before publication of the Federal Register
notice. Allocations of funds pursuant to this paragraph shall
be published in the Federal Register not later than 90 days
after enactment of this Act.
______
SA 4553. Mrs. HUTCHISON (for herself, Mr. Cornyn, Ms. Landrieu, Mr.
Stevens, Mrs. Lincoln, Ms. Murkowski, Mr. Martinez, and Mr. Coleman)
submitted an amendment intended to be proposed to amendment SA 4146
proposed by Mrs. Boxer to the bill H.R. 1195, to amend the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users to make technical corrections, and for other purposes; which
was ordered to lie on the table; as follows:
On page 39, lines 24 and 25, strike ``in Clifton''.
On page 49, line 18, strike ``160'' and insert ``169''.
On page 57, strike lines 8 through 11 and insert the
following:
(250) in item number 3909 by striking the project
description and inserting ``S.R. 281, the Avalon Boulevard
Expansion Project from Interstate 10 to U.S. Highway 90'';
On page 78, strike lines 3 and 4 and insert the following:
(386) in item number 273, by striking the project
description and inserting ``Improvements to on/off ramp
system from I-10 to Ryan Street (LA 385), including
installation of an exit ramp for eastbound traffic on I-10,
incorporating, as necessary, portions of Front Street and Ann
Street, and including repair and realignment of Lakeshore
Drive, and to include the expansion of Contraband Bayou
Bridge'';
(387) in item number 3735 by striking the project
description and inserting ``Widening existing Highway 226,
including a bypass of Cash and a new connection to Highway
49'';
(388) in item number 2406 by striking ``in Fort Worth'' and
inserting ``, or Construct SH 199 (Henderson St.) through the
Trinity Uptown Project between the West Fork and Clear Fork
of the Trinity River, in Fort Worth''; and
(389) in item number 370 by striking the
On page 107, line 4, strike ``and'' and all that follows
through line 5, and insert the following:
(B) by striking paragraph (10); and
(C) in paragraph (15), by striking ``South Carolina
Department of Transportation Light Rail study'' and inserting
``South Carolina Department of Transportation Corridor
Study''.
On page 114, line 21, strike ``; and'' and insert a
semicolon.
On page 114, strike line 22 and insert the following:
(xxvi) in item number 422 by striking the project
description and inserting ``People Mover Public
Transportation System buses and bus facilities, Anchorage,
Alaska'';
(xxvii) in project number 67 by striking the project
description and inserting ``Union Passenger Terminal Planning
and Master Plan and Infrastructure Improvements in Orleans
Parish, Louisiana''; and
(xxviii) by adding at the end--
______
SA 4554. Mr. CARDIN (for himself, Mr. Warner, Ms. Mikulski, and Mr.
Webb) submitted an amendment intended to be proposed by him to the bill
H.R. 1195, to amend the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users to make technical
corrections, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the amendment, insert the following:
SEC. __. NATIONAL CAPITAL TRANSPORTATION AMENDMENTS ACT OF
2008.
(a) Short Title; Findings.--
(1) Short title.--This section may be cited as the
``National Capital Transportation Amendments Act of 2008''.
(2) Findings.--Congress finds as follows:
(A) Metro, the public transit system of the Washington
metropolitan area, is essential for the continued and
effective performance of the functions of the Federal
Government, and for the orderly movement of people during
major events and times of regional or national emergency.
(B) On 3 occasions, Congress has authorized appropriations
for the construction and capital improvement needs of the
Metrorail system.
(C) Additional funding is required to protect these
previous Federal investments and ensure the continued
functionality and viability of the original 103-mile
Metrorail system.
(b) Federal Contribution for Capital Projects for
Washington Metropolitan Area Transit System.--The National
Capital Transportation Act of 1969 (sec. 9-1111.01 et seq.,
D.C. Official Code) is amended by adding at the end the
following:
``authorization of additional federal contribution for capital and
preventive maintenance projects
``Sec. 18. (a) Authorization.--Subject to the succeeding
provisions of this section, the Secretary of Transportation
is authorized to make grants to the Transit Authority, in
addition to the contributions authorized under
[[Page 6381]]
sections 3, 14, and 17, for the purpose of financing in part
the capital and preventive maintenance projects included in
the Capital Improvement Program approved by the Board of
Directors of the Transit Authority.
``(b) Use of Funds.--The Federal grants made pursuant to
the authorization under this section shall be subject to the
following limitations and conditions:
``(1) The work for which such Federal grants are authorized
shall be subject to the provisions of the Compact (consistent
with the amendments to the Compact described in subsection
(d)).
``(2) Each such Federal grant shall be for 50 percent of
the net project cost of the project involved, and shall be
provided in cash from sources other than Federal funds or
revenues from the operation of public mass transportation
systems. Consistent with the terms of the amendment to the
Compact described in subsection (d)(1), any funds so provided
shall be solely from undistributed cash surpluses,
replacement or depreciation funds or reserves available in
cash, or new capital.
``(c) Applicability of Requirements For Mass Transportation
Capital Projects Receiving Funds Under Federal Transportation
Law.--Except as specifically provided in this section, the
use of any amounts appropriated pursuant to the authorization
under this section shall be subject to the requirements
applicable to capital projects for which funds are provided
under chapter 53 of title 49, United States Code, except to
the extent that the Secretary of Transportation determines
that the requirements are inconsistent with the purposes of
this section.
``(d) Amendments to Compact.--No amounts may be provided to
the Transit Authority pursuant to the authorization under
this section until the Transit Authority notifies the
Secretary of Transportation that each of the following
amendments to the Compact (and any further amendments which
may be required to implement such amendments) have taken
effect:
``(1)(A) An amendment requiring that all payments by the
local signatory governments for the Transit Authority for the
purpose of matching any Federal funds appropriated in any
given year authorized under subsection (a) for the cost of
operating and maintaining the adopted regional system are
made from amounts derived from dedicated funding sources.
``(B) For purposes of this paragraph, the term `dedicated
funding source' means any source of funding which is
earmarked or required under State or local law to be used to
match Federal appropriations authorized under this Act for
payments to the Transit Authority.
``(2) An amendment establishing the Office of the Inspector
General of the Transit Authority in accordance with section 3
of the National Capital Transportation Amendments Act of
2008.
``(3) An amendment expanding the Board of Directors of the
Transit Authority to include 4 additional Directors appointed
by the Administrator of General Services, of whom 2 shall be
nonvoting and 2 shall be voting, and requiring one of the
voting members so appointed to be a regular passenger and
customer of the bus or rail service of the Transit Authority.
``(e) Amount.--There are authorized to be appropriated to
the Secretary of Transportation for grants under this section
an aggregate amount not to exceed $1,500,000,000 to be
available in increments over 10 fiscal years beginning in
fiscal year 2009, or until expended.
``(f) Availability.--Amounts appropriated pursuant to the
authorization under this section--
``(1) shall remain available until expended; and
``(2) shall be in addition to, and not in lieu of, amounts
available to the Transit Authority under chapter 53 of title
49, United States Code, or any other provision of law.
``(g) Access to Wireless Services in Metrorail System.--
``(1) Requiring transit authority to provide access to
service.--No amounts may be provided to the Transit Authority
pursuant to the authorization under this section unless the
Transit Authority ensures that customers of the rail service
of the Transit Authority have access within the rail system
to services provided by any licensed wireless provider that
notifies the Transit Authority (in accordance with such
procedures as the Transit Authority may adopt) of its intent
to offer service to the public, in accordance with the
following timetable:
``(A) Not later than 1 year after the date of the enactment
of the National Capital Transportation Amendments Act of
2008, in the 20 underground rail station platforms with the
highest volume of passenger traffic.
``(B) Not later than 4 years after such date, throughout
the rail system.
``(2) Access of wireless providers to system for upgrades
and maintenance.--No amounts may be provided to the Transit
Authority pursuant to the authorization under this section
unless the Transit Authority ensures that each licensed
wireless provider who provides service to the public within
the rail system pursuant to paragraph (1) has access to the
system on an ongoing basis (subject to such restrictions as
the Transit Authority may impose to ensure that such access
will not unduly impact rail operations or threaten the safety
of customers or employees of the rail system) to carry out
emergency repairs, routine maintenance, and upgrades to the
service.
``(3) Permitting reasonable and customary charges.--Nothing
in this subsection may be construed to prohibit the Transit
Authority from requiring a licensed wireless provider to pay
reasonable and customary charges for access granted under
this subsection.
``(4) Reports.--Not later than 1 year after the date of the
enactment of the National Capital Transportation Amendments
Act of 2008, and each of the 3 years thereafter, the Transit
Authority shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of
Representatives a report on the implementation of this
subsection.
``(5) Definition.--In this subsection, the term `licensed
wireless provider' means any provider of wireless services
who is operating pursuant to a Federal license to offer such
services to the public for profit.''.
(c) Washington Metropolitan Area Transit Authority
Inspector General.--
(1) Establishment of office.--
(A) In general.--The Washington Metropolitan Area Transit
Authority (referred to in this subsection as the ``Transit
Authority'') shall establish in the Transit Authority the
Office of the Inspector General (referred to in this
subsection as the ``Office''), headed by the Inspector
General of the Transit Authority (referred to in this
subsection as the ``Inspector General'').
(B) Definition.--In subparagraph (A), the ``Washington
Metropolitan Area Transit Authority'' means the Authority
established under Article III of the Washington Metropolitan
Area Transit Authority Compact (Public Law 89-774).
(2) Inspector general.--
(A) Appointment.--The Inspector General shall be appointed
by the vote of a majority of the Board of Directors of the
Transit Authority, and 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, as well as familiarity or experience with the
operation of transit systems.
(B) Term of service.--The Inspector General shall serve for
a term of 5 years, and an individual serving as Inspector
General may be reappointed for not more than 2 additional
terms.
(C) Removal.--The Inspector General may be removed from
office prior to the expiration of his term only by the
unanimous vote of all of the members of the Board of
Directors of the Transit Authority, and the Board shall
communicate the reasons for any such removal to the Governor
of Maryland, the Governor of Virginia, the Mayor of the
District of Columbia, the chair of the Committee on
Government Reform of the House of Representatives, and the
chair of the Committee on Homeland Security and Governmental
Affairs of the Senate.
(3) Duties.--
(A) Applicability of duties of inspector general of
executive branch establishment.--The Inspector General shall
carry out the same duties and responsibilities with respect
to the Transit Authority as an Inspector General of an
establishment carries out with respect to an establishment
under section 4 of the Inspector General Act of 1978 (5
U.S.C. App. 4), under the same terms and conditions which
apply under such section.
(B) Conducting annual audit of financial statements.--The
Inspector General shall be responsible for conducting the
annual audit of the financial accounts of the Transit
Authority, either directly or by contract with an independent
external auditor selected by the Inspector General.
(C) Reports.--
(i) Semiannual reports to transit authority.--The Inspector
General shall prepare and submit semiannual reports
summarizing the activities of the Office in the same manner,
and in accordance with the same deadlines, terms, and
conditions, as an Inspector General of an establishment under
section 5 of the Inspector General Act of 1978 (5 U.S.C. App.
5). For purposes of applying section 5 of such Act to the
Inspector General, the Board of Directors of the Transit
Authority shall be considered the head of the establishment,
except that the Inspector General shall transmit to the
General Manager of the Transit Authority a copy of any report
submitted to the Board pursuant to this paragraph.
(ii) Annual reports to local signatory governments and
congress.--Not later than January 15 of each year, the
Inspector General shall prepare and submit a report
summarizing the activities of the Office during the previous
year, and shall submit such reports to the Governor of
Maryland, the Governor of Virginia, the Mayor of the District
of Columbia, the chair of the Committee on Government Reform
of the House of Representatives, and the chair of the
Committee on Homeland Security and Governmental Affairs of
the Senate.
(D) Investigations of complaints of employees and
members.--
[[Page 6382]]
(i) Authority.--The Inspector General may receive and
investigate complaints or information from an employee or
member of the Transit Authority concerning the possible
existence of an activity constituting a violation of law,
rules, or regulations, or mismanagement, gross waste of
funds, abuse of authority, or a substantial and specific
danger to the public health and safety.
(ii) Nondisclosure.--The Inspector General shall not, after
receipt of a complaint or information from an employee or
member, disclose the identity of the employee or member
without the consent of the employee or member, unless the
Inspector General determines such disclosure is unavoidable
during the course of the investigation.
(iii) Prohibiting retaliation.--An employee or member of
the Transit Authority who has authority to take, direct
others to take, recommend, or approve any personnel action,
shall not, with respect to such authority, take or threaten
to take any action against any employee or member as a
reprisal for making a complaint or disclosing information to
the Inspector General, unless the complaint was made or the
information disclosed with the knowledge that it was false or
with willful disregard for its truth or falsity.
(E) Independence in carrying out duties.--Neither the Board
of Directors of the Transit Authority, the General Manager of
the Transit Authority, nor any other member or employee of
the Transit Authority may prevent or prohibit the Inspector
General from carrying out any of the duties or
responsibilities assigned to the Inspector General under this
subsection.
(4) Powers.--
(A) In general.--The Inspector General may exercise the
same authorities with respect to the Transit Authority as an
Inspector General of an establishment may exercise with
respect to an establishment under section 6(a) of the
Inspector General Act of 1978 (5 U.S.C. App. 6(a)), other
than paragraphs (7), (8), and (9) of such section.
(B) Staff.--
(i) Assistant inspector generals and other staff.--The
Inspector General shall appoint and fix the pay of--
(I) an Assistant Inspector General for Audits, who shall be
responsible for coordinating the activities of the Inspector
General relating to audits;
(II) an Assistant Inspector General for Investigations, who
shall be responsible for coordinating the activities of the
Inspector General relating to investigations; and
(III) such other personnel as the Inspector General
considers appropriate.
(ii) Independence in appointing staff.--No individual may
carry out any of the duties or responsibilities of the Office
unless the individual is appointed by the Inspector General,
or provides services procured by the Inspector General,
pursuant to this subparagraph. Nothing in this clause may be
construed to prohibit the Inspector General from entering
into a contract or other arrangement for the provision of
services under this subsection.
(iii) Applicability of transit system personnel rules.--
None of the regulations governing the appointment and pay of
employees of the Transit System shall apply with respect to
the appointment and compensation of the personnel of the
Office, except to the extent agreed to by the Inspector
General. Nothing in the previous sentence may be construed to
affect clauses (i) and (ii).
(C) Equipment and supplies.--The General Manager of the
Transit Authority shall provide the Office with appropriate
and adequate office space, together with such equipment,
supplies, and communications facilities and services as may
be necessary for the operation of the Office, and shall
provide necessary maintenance services for such office space
and the equipment and facilities located therein.
(5) Transfer of functions.--To the extent that any office
or entity in the Transit Authority prior to the appointment
of the first Inspector General under this subsection carried
out any of the duties and responsibilities assigned to the
Inspector General under this subsection, the functions of
such office or entity shall be transferred to the Office upon
the appointment of the first Inspector General under this
subsection.
(d) Study and Report by Comptroller General.--
(1) Study.--The Comptroller General shall conduct a study
on the use of the funds provided under section 18 of the
National Capital Transportation Act of 1969 (as added by this
section).
(2) Report.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General shall submit a
report to the Committee on Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate on the study conducted
under paragraph (1).
______
SA 4555. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 4146 proposed by Mrs. Boxer to the bill H.R. 1195, to
amend the Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users to make technical corrections, and for other
purposes; which was ordered to lie on the table; as follows:
On page 131, beginning with line 13, strike through line 17
on page 13, and insert the following:
(1) Limitation on liability.--An employer shall not be
liable for a violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) with respect to a
covered employee if the employer proves that--
(A) the violation occurred in the one-year period beginning
on August 10, 2005;
(B) as of the date of the violation, the employer did not
have actual knowledge that section 4142 of Public Law 109-59
changed the applicability of section 13(b)(1) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 213(b)(1)); and
(C) the employer's primary reliance on section 13(b)(1) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 213(b)(1))
led to the violation.
(2) Actions to recover amounts previously paid.--Nothing in
paragraph (1) shall be construed to establish a cause of
action for an employer to recover amounts paid, or agreed to
be paid, before the date of enactment of this Act in
settlement of, in compromise of, or pursuant to a judgment
rendered regarding a claim or potential claim based on an
alleged or proven violation of section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) occurring in the one-
year period referred to in paragraph (1)(A) with respect to a
covered employee.
(c) Covered Employee Defined.--In this section, the term
``covered employee'' means an individual--
(1) who is employed by a motor carrier or motor private
carrier (as such terms are defined by section 13102 of title
49, United States Code, as amended by section 305 of this
Act);
(2) whose work, in whole or in part, is defined--
(A) as that of a driver, driver's helper, loader, or
mechanic; and
(B) as affecting the safety of operation of motor vehicles
weighing 10,000 pounds or less in transportation on public
highways in interstate or foreign commerce, except vehicles--
(i) designed or used to transport more than 8 passengers
(including the driver) for compensation;
(ii) designed or used to transport more than 15 passengers
(including the driver) and not used to transport passengers
for compensation; or
(iii) used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of title
49, United States Code, and transported in a quantity
requiring placarding under regulations prescribed by the
Secretary under section 5103 of title 49, United States Code;
and
(3) who performs duties on motor vehicles weighing 10,000
pounds or less.
______
SA 4556. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:
On page 85, line 18, insert ``sediment control and'' after
``Boulder Creek''.
______
SA 4557. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 1195, to amend the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users to make
technical corrections, and for other purposes; which was ordered to lie
on the table; as follows:
On page 86, line 14, strike the period at the end, insert a
semicolon, and insert the following:
(26) by striking item number 234; and
(27) in item number 236, by striking ``$10,000,000'' and
inserting ``$17,000,000''.
______
SA 4558. Mr. KYL (for himself, Mr. McCain, Mr. Warner, Mr. Burr, Mr.
Martinez, Mr. Lieberman, Mr. Graham, Mr. Wicker, and Mr. Chambliss)
submitted an amendment intended to be proposed by him to the bill H.R.
1195, to amend the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users to make technical
corrections, and for other purposes; which was ordered to lie on the
table; as follows:
Strike all after the first word and insert the following:
___. HIGHWAY FUEL TAX HOLIDAY.
(a) Temporary Suspension of Highway Fuel Taxes on Gasoline
and Diesel Fuel.--
(1) In general.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Temporary Suspension of Taxes on Gasoline and Diesel
Fuel.--
[[Page 6383]]
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced to zero
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are--
``(A) the rate of tax otherwise applicable to gasoline
under clause (i) of subsection (a)(2)(A), determined with
regard to subsection (a)(2)(B) and without regard to
subsection (a)(2)(C),
``(B) the rate of tax otherwise applicable to diesel fuel
under clause (iii) of subsection (a)(2)(A), determined with
regard to subsection (a)(2)(B) and without regard to
subsection (a)(2)(C), and
``(C) the rate of tax otherwise applicable to diesel fuel
under paragraph (1) of section 4041(a) with respect to fuel
sold for use or used in a diesel-powered highway vehicle.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning on
May 26, 2008, and ending on September 1, 2008.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund
under section 9503 and to the Leaking Underground Storage
Tank Trust Fund under 9508, an amount equal to the reduction
in revenues to the Treasury by reason of this subsection
shall be treated as taxes received in the Treasury under this
section or section 4041.''.
(2) Effective date.--The amendment made by this subsection
shall take effect on the date of the enactment of this Act.
(b) Floor Stock Refunds.--
(1) In general.--If--
(A) before the tax suspension date, a tax referred to in
section 4081(f)(2) of the Internal Revenue Code of 1986 has
been imposed under such Code on any liquid, and
(B) on such date such liquid is held by a dealer and has
not been used and is intended for sale, there shall be
credited or refunded (without interest) to the person who
paid such tax (hereafter in this subsection referred to as
the ``taxpayer''), against the taxpayer's subsequent semi-
monthly deposit of such tax, an amount equal to the excess of
the tax paid by the taxpayer over the amount of such tax
which would be imposed on such liquid had the taxable event
occurred on the tax suspension date.
(2) Time for filing claims; certifications necessary to
file claims.--
(A) In general.--No credit or refund shall be allowed or
made under this subsection--
(i) unless claim therefor is filed with the Secretary
before the date which is 6 months after the tax suspension
date, and
(ii) in any case where liquid is held by a dealer (other
than the taxpayer) on the tax suspension date, unless the
taxpayer files with the Secretary--
(I) a certification that the taxpayer has given a credit to
such dealer with respect to such liquid against the dealer's
first purchase of liquid from the taxpayer subsequent to the
tax suspension date, and
(II) a certification by such dealer that such dealer has
given a credit to a succeeding dealer (if any) with respect
to such liquid against the succeeding dealer's first purchase
of liquid from such dealer subsequent to the tax suspension
date.
(B) Reasonableness of claims certified.--Any certification
made under subparagraph (A) shall include an additional
certification that the claim for credit was reasonably based
on the taxpayer's or dealer's past business relationship with
the succeeding dealer.
(3) Definitions.--For purposes of this subsection--
(A) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(B) the term ``tax suspension date'' means May 26, 2008.
(4) Certain rules to apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this subsection.
(c) Floor Stocks Tax.--
(1) Imposition of tax.--In the case of any liquid on which
tax would have been imposed under section 4081 of the
Internal Revenue Code of 1986 during the applicable period
but for the amendment made by subsection (a), and which is
held on the floor stocks tax date by any person, there is
hereby imposed a floor stocks tax in an amount equal to the
tax which would be imposed on such liquid had the taxable
event occurred on the floor stocks tax date.
(2) Liability for tax and method of payment.--
(A) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by paragraph
(1) applies shall be liable for such tax.
(B) Method of payment.--The tax imposed by paragraph (1)
shall be paid in such manner as the Secretary shall
prescribe.
(C) Time for payment.--The tax imposed by paragraph (1)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(3) Definitions.--For purposes of this subsection--
(A) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(B) Gasoline and diesel fuel.--The terms ``gasoline'' and
``diesel fuel'' have the respective meanings given such terms
by section 4083 of such Code.
(C) Floor stocks tax date.--The term ``floor stocks tax
date'' means September 2, 2008.
(D) Applicable period.--The term ``applicable period''
means the period described in section 4081(f)(3) of such
Code.
(4) Exception for exempt uses.--The tax imposed by
paragraph (1) shall not apply to gasoline or diesel fuel held
by any person exclusively for any use to the extent a credit
or refund of the tax imposed by section 4081 of such Code is
allowable for such use.
(5) Exception for fuel held in vehicle tank.--No tax shall
be imposed by paragraph (1) on gasoline or diesel fuel held
in the tank of a motor vehicle.
(6) Exception for certain amounts of fuel.--
(A) In general.--No tax shall be imposed by paragraph (1)--
(i) on gasoline (other than aviation gasoline) held on the
floor stocks tax date by any person if the aggregate amount
of gasoline held by such person on such date does not exceed
4,000 gallons, and
(ii) on diesel fuel held on such date by any person if the
aggregate amount of diesel fuel held by such person on such
date does not exceed 2,000 gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this subparagraph.
(B) Exempt fuel.--For purposes of subparagraph (A), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by paragraph (1) by reason of
paragraph (4) or (5).
(C) Controlled groups.--For purposes of this paragraph--
(i) Corporations.--
(I) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(II) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(ii) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of clause (i) shall apply to a group of
persons under common control where 1 or more of such persons
is not a corporation.
(7) Other law applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this paragraph, apply
with respect to the floor stock taxes imposed by paragraph
(1) to the same extent as if such taxes were imposed by such
section 4081.
(d) Secretary.--For purposes of this section, the term
``Secretary'' means the Secretary of the Treasury or the
Secretary's delegate.
(e) Benefits of Tax Reduction Should Be Passed on to
Consumers.--It is the policy of Congress that--
(1) consumers immediately receive the benefit of the
reduction in taxes resulting from the amendment made by
subsection (a), and
(2) transportation motor fuels producers and other dealers
take such actions as necessary to reduce transportation motor
fuels prices to reflect such reduction, including immediate
credits to customer accounts representing tax refunds allowed
as credits against excise tax deposit payments under the
floor stocks refund provisions of subsection (b).
____________________
AUTHORITY FOR COMMITTEES TO MEET
committee on finance
Mr. KENNEDY. Mr. President, I ask unanimous consent that the
Committee on Finance be authorized to meet during the session of the
Senate on Thursday, April 17, 2008, at 10 a.m., in 215 Dirksen Senate
Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on foreign relations
Mr. KENNEDY. Mr. President, I ask unanimous consent that the
Committee on Foreign Relations be authorized to meet during the session
of the Senate on Thursday, April 17, 2008, at 3 p.m. to hold a working
coffee meeting with His Excellency Ahmed Aboul Gheit, Foreign Minister
of the Arab Republic of Egypt.
The PRESIDING OFFICER. Without objection, it is so ordered.
committee on indian affairs
Mr. KENNEDY. Mr. President, I ask unanimous consent that the
Committee on Indian Affairs be authorized to meet on Thursday, April
17, 2008, at 10:30 a.m., in room 562 of the Dirksen Senate Office
Building to conduct a
[[Page 6384]]
hearing on the National Indian Gaming Commission.
The PRESIDING OFFICER. Without objection, it is so ordered.
ad hoc subcommittee on state, local, and private sector preparedness
and integration
Mr. KENNEDY. Mr. President, I ask unanimous consent that the Ad Hoc
Subcommittee on State, Local, and Private Sector Preparedness and
Integration of the Committee on Homeland Security and Governmental
Affairs be authorized to meet during the session of the Senate on
Thursday, April 17, 2008, at 2 p.m. to conduct a hearing entitled,
``Focus on Fusion Centers: A Progress Report.''
The PRESIDING OFFICER. Without objection, it is so ordered.
select committee on intelligence
Mr. KENNEDY. Mr. President, I ask unanimous consent that the Select
Committee on Intelligence be authorized to meet during the session of
the Senate on April 17, 2008, at 2:30 p.m. to hold a closed hearing.
The PRESIDING OFFICER. Without objection, it is so ordered.
subcommittee on water and power
Mr. KENNEDY. Mr. President, I ask unanimous consent that the
Subcommittee on Water and Power be authorized to meet during the
session of the Senate to conduct a hearing on Thursday, April 17, 2008,
at 2 p.m., in room SD366 of the Dirksen Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.
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.
____________________
VETERANS' BENEFITS ENHANCEMENT ACT--MOTION TO PROCEED
Cloture Motion
Mr. REID. Mr. President, I spoke to the minority leader last evening
and indicated to him that I was going to move to the Veterans' Benefits
Act. As a result of that, I have no alternative--not speaking to him
but not having heard back--I have no alternative but to file cloture on
this matter. Otherwise, of course, another day would be lost. So I am
disappointed that I need to file this. This is a veterans' benefits
enhancement bill. I would hope that on Monday, we could have Senator
Akaka and his ranking member be allowed to move to this legislation. We
have already announced there will be no votes tomorrow or on Monday. It
would sure be good if we could do that.
In view of the situation we have here, I have no alternative but to
move to proceed to S. 1315, and I send a cloture motion to the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the cloture motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the motion to
proceed to Calendar No. 336, S. 1315, the Veterans' Benefits
Enhancement Act.
Harry Reid, Daniel K. Akaka, Barbara Boxer, Patty Murray,
Byron L. Dorgan, Edward M. Kennedy, Christopher J.
Dodd, Benjamin L. Cardin, Patrick J. Leahy, Bernard
Sanders, Sherrod Brown, Amy Klobuchar, Richard Durbin,
Ken Salazar, Sheldon Whitehouse, Max Baucus, Daniel K.
Inouye.
Mr. REID. Mr. President, I ask unanimous consent that on Tuesday,
April 22, following a period of morning business, the Senate resume
consideration of the motion to proceed and the time until 12 noon be
equally divided and controlled between the leaders or their designees;
that at noon, the Senate proceed to a vote on a motion to invoke
cloture on the motion to proceed to S. 1315; further, that the
mandatory quorum be waived.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
AUTHORIZING THE TAKING OF A PHOTOGRAPH IN THE SENATE CHAMBER
Mr. REID. Mr. President, there is a resolution at the desk, and I ask
unanimous consent for its immediate consideration.
The PRESIDING OFFICER. The clerk will report the resolution by title.
The legislative clerk read as follows:
A resolution (S. Res. 521) authorizing the taking of a
photograph in the Chamber of the U.S. Senate.
There being no objection, the Senate proceeded to consider the
resolution.
Mr. REID. Mr. President, I ask unanimous consent that the resolution
be agreed to, the motion to reconsider be laid upon the table, and that
there be no intervening action or debate on this matter.
The PRESIDING OFFICER. Without objection, it is so ordered.
The resolution (S. Res. 521) was agreed to, as follows:
S. Res. 521
Resolved, That paragraph 1 of Rule IV of the Rules for the
Regulation of the Senate Wing of the United States Capitol
(prohibiting the taking of pictures in the Senate Chamber) be
temporarily suspended for the sole and specific purpose of
permitting the Senate Photographic Studio to photograph the
United States Senate in actual session on Tuesday, June 3,
2008, at the hour of 2:15 p.m.
Sec. 2. The Sergeant at Arms of the Senate is authorized
and directed to make the necessary arrangements therefor,
which arrangements shall provide for a minimum of disruption
to Senate proceedings.
____________________
ORDERS FOR FRIDAY, APRIL 18, 2008
Mr. REID. 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, April 18; that following the prayer and the pledge,
the Journal of proceedings be approved to date, and that there then be
a period for the transaction of morning business, with Senators
permitted to speak therein for up to 10 minutes each.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________
PROGRAM
Mr. REID. As previously announced, there will be no votes tomorrow or
Monday because of the Passover holiday.
____________________
RECESS UNTIL 9:30 A.M. TOMORROW
Mr. REID. Mr. President, if there is no further business to come
before the Senate, I ask unanimous that it stand in recess under the
previous order.
There being no objection, the Senate, at 6:40 p.m., recessed until
Friday, April 18, 2008, at 9:30 a.m.
____________________
NOMINATIONS
Executive nominations received by the Senate:
DEPARTMENT OF JUSTICE
KELLY HARRISON RANKIN, OF WYOMING, TO BE UNITED STATES
ATTORNEY FOR THE DISTRICT OF WYOMING FOR THE TERM OF FOUR
YEARS, VICE MATTHEW HANSEN MEAD, RESIGNED.
IN THE AIR FORCE
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be lieutenant general
MAJ. GEN. PHILIP M. BREEDLOVE
IN THE NAVY
THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED
STATES NAVY TO THE GRADE INDICATED WHILE ASSIGNED TO A
POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10,
U.S.C., SECTION 601:
To be vice admiral
REAR ADM. (LH) ROBERT S. HARWARD, JR.
[[Page 6385]]
EXTENSIONS OF REMARKS
____________________
RECOGNIZING ALISHA D. PRATHER FOR HER CONTRIBUTIONS AND SERVICE TO THE
COMMITTEE ON SCIENCE AND TECHNOLOGY
______
HON. BART GORDON
of tennessee
in the house of representatives
Thursday, April 17, 2008
Mr. GORDON of Tennessee. Madam Speaker, I rise today to recognize a
talented individual who has been a dedicated member of our Committee
staff--Alisha D. Prather.
Alisha came to the Committee as the communications director for the
minority staff at the beginning of the 108th Congress. She filled a
newly created position since the minority staff had functioned without
a press person for some years.
Her degree in Telecommunications from Baylor University and a
Master's in Communication Studies from the University of Louisiana at
Lafayette meant Alisha was well prepared for the job. She also came to
us with a great deal of work experience on Capitol Hill under her belt.
From the start, the challenge Alisha faced on the Committee was
taking technical, scientific information and translating it into an
interesting and informative message for the American public. She
succeeded. With her quick intellect and some long hours, Alisha soon
produced an organized press shop, building enormous credibility with
our science constituencies, the public and the media.
One of her first projects as the new communications director was to
shepherd the minority website through a top to bottom redesign. She did
an outstanding job. The website received a Congressional Management
Foundation Gold Mouse Award in 2006, recognizing the site as one of the
best web sites on Capitol Hill. Alisha did it again in 2007 when our
Committee website received another Gold Mouse Award and was judged to
be the number one committee website in Congress.
With our move to the Majority in 2007, Alisha undertook the task of
meeting the press needs of a growing staff and an increasingly busy
Committee agenda, while assuring that my media needs and the needs of
our active Membership were well attended.
Prior to her time with us, Alisha worked for 8 years as the
communications director for Representative Chris John of Louisiana. For
several years, Alisha also served as the communications coordinator for
the Blue Dog Coalition.
Alisha leaves the Hill after 11\1/2\ years here, and she will be
missed. She's heading to Texas which takes her that much closer to her
home State of Louisiana. Although a huge fan of Capitol Hill and the
Washington, DC area, Alisha has always had an interest in spending some
time closer to home.
We wish her well as she takes on a new challenge--Director of
Communications for the new Galveston National Laboratory projected to
open in November of this year. As Alisha says, it's the opportunity to
build something from the ground up.
We're quick to point out that she did just that with our press
operation here at the Committee, and we extend our sincere thanks to
her for a job well done.
____________________
IN HONOR OF THE 50TH ANNIVERSARY OF THE DELMAR LITTLE LEAGUE
______
HON. MICHAEL N. CASTLE
of delaware
in the house of representatives
Thursday, April 17, 2008
Mr. CASTLE. Madam Speaker, it is with great pleasure that I rise
today to recognize the Delmar Little League, which will celebrate its
opening day and 50th anniversary on April 19. For one half-century, the
Delmar Little League has been providing the only organized summer
activity open to all youths in the town of Delmar, Delaware.
The Delmar Little League was chartered in 1958 under the leadership
of Epperson ``Eppie'' Culver, who also became the league's first
president and one of the league's first coaches. The league was
initially organized into four teams: the Vets, sponsored by the Delmar
VFW Memorial Post 8276, the Moose, sponsored by Moose Lodge No. 582,
the Firemen, sponsored by the Delmar Fire Department, and the Lions,
sponsored by the Delmar Lions Club. The inaugural season was officially
dedicated on August 15, and the first games were played on a corner lot
provided by the Delmar Fire Department. That year, using equipment
given to the league by the Delmar Kiwanis Club, the four teams only
played against each other: they did not compete with any other teams
outside of the league.
By the 1959 season, the Delmar Little League had grown to 60 boys,
and the league had its own field on which to play. The league held a
contest to decide on the name of the park. The winning entry was
submitted by James Mills, and Pote Field was dedicated on June 19,
1959. The new location was named for Monroe Pote, or ``Mr. Baseball'',
as he was known in Delmar. Mr. Pote is credited with establishing the
first organized baseball team in Delmar in 1922, along with many other
sports teams and organizations for the young men of his town. Mr. Pote
became an inspiration and a father figure to many of the boys that he
coached. 1959 proved to be a milestone year for the league in scoring,
as well: the first home run was scored by Gary Wooten on May 30 and the
first grand slam by John Ehrlich on June 23. The league formed its
original First All-Star Team in 1960.
The league moved to its present facilities in 1962, when the park's
namesake. William Gordy, Sr., donated the land for a new field. Today,
there are 449 players registered in the Delmar Little League, with over
half of the players hailing from Delaware. In addition, the league has
hosted several state level tournaments. The Delmar Little League
established a female softball division in 1982 and the baseball league
is now open to young women, as well.
I acknowledge the Delmar Little League for 50 years of promoting
physical fitness and community involvement amongst young people in the
State of Delaware. I am confident that the league will continue to do
so for many more years to come.
____________________
PACCAR: TRADER OF THE YEAR
______
HON. DAVID G. REICHERT
of washington
in the house of representatives
Thursday, April 17, 2008
Mr. REICHERT. Madam Speaker, I want to congratulate PACCAR, Inc. for
earning the 2008 Governor's Trader of the Year Award in Washington
State for expanding the State's international trade. PACCAR,
headquartered in my congressional district, is a global leader in the
design, manufacture and customer support of light-, medium- and heavy-
duty trucks. In addition, PACCAR provides financial services and
informational technology for the actual truck makers--all while
conducting its business with the health and safety of the planet in
mind.
With 22,000 employees worldwide and 2,500 in Washington State, PACCAR
is a local business with a truly global reach. In 2007, PACCAR had
$15.2 billion in net income, selling products and services in more than
100 countries, while setting record industry sales for commercial
vehicles above 15 tons in Western and Central Europe.
I also want to recognize PACCAR for its leadership and innovation in
energy independence and environmentally friendly business practices.
The company truly represents the spirit of the Pacific Northwest region
by conducting business within and very often exceeding regulatory
environmental standards, harnessing the power and efficiency of solar
energy and, perhaps most importantly, conserving energy utilizing
breakthrough hybrid technology.
PACCAR is a leader in truck design and manufacture. It is an American
company from the Pacific Northwest with a global impact. It is also a
wonderful example of American business leading the way in energy
independence and environmentally-friendly business practices and I
offer its employees my sincere congratulations and appreciation.
[[Page 6386]]
____________________
RECOGNIZING THE ACHIEVEMENTS OF THE SOUTHERN ILLINOIS UNIVERSITY DEBATE
TEAM
______
HON. JERRY F. COSTELLO
of illinois
in the house of representatives
Thursday, April 17, 2008
Mr. COSTELLO. Madam Speaker, I rise today to acknowledge the
outstanding accomplishments of the debate team at Southern Illinois
University in Carbondale, Illinois. Directed by Dr. Todd Graham, the
team of Kevin Calderwood, a junior in political science from
Chesterfield, MO, and Kyle Dennis, a senior in economics from Blue
Springs, MO, won the national championship in the 54-team National
Parliamentary Tournament of Excellence.
It is important to note that this was a very select competition. A
team must qualify for the national championship tournament by doing
well throughout the year. While only 54 teams competed, more than 300
attempted to qualify.
The debate program also entered teams in the National Parliamentary
Debate Association tournament. That tournament is held at the end of
March at the United States Air Force Academy in Colorado Springs, CO,
and includes over 250 universities and colleges. Among the 500 debaters
competing, Kevin won the top spot in the individual awards, solidifying
his position as one of the best debaters in the country. Kyle took home
third place overall in the individual awards.
In addition, the team of Katie Thomas, from Fort Collins, CO, and
Adam Testerman, from Springfield, MO, won fifth place as a team
overall. Also participating in the debate program was Nicholas Deml of
La Crosse, WI. Graduate students Benjamin Haas, from Poplar Bluff, MO,
and Brian Norcross from San Diego, CA, assisted Dr. Graham with team
preparation.
Not surprisingly, the debate program's successes throughout the
season resulted in a great deal of recognition from peers at other
universities. Ryan Lawrence, a debater from the University of
California at Berkeley and the top debater last year, commented to Dr.
Graham that he would still hold his head high if beaten by Southern
Illinois because he and his teammates considered it ``the smartest,
hardest-working and best debate team in the country.''
Madam Speaker, Southern Illinois University has a proud tradition in
teaching, research and public service. It is widely recognized that
graduates who are well prepared become leaders in their fields. I urge
my colleagues to join me in congratulating the debate team, faculty and
students at Southern Illinois University for their continuing
commitment to excellence.
____________________
HONORING THE 50TH ANNIVERSARY OF BAYVIEW ELEMENTARY SCHOOL
______
HON. RON KLEIN
of florida
in the house of representatives
Thursday, April 17, 2008
Mr. KLEIN of Florida. Madam Speaker, I rise today to honor Bayview
Elementary School in Fort Lauderdale, FL on its 50th Anniversary. For
the past 50 years, Bayview Elementary School has been providing
students with the skills, knowledge, and preparation they need to
succeed both inside and outside the classroom.
Instrumental to the success of Bayview Elementary is the hard work of
the teachers, administrators, parents and other volunteers within the
community who are committed to providing these children with a topnotch
education. The faculty at Bayview truly cares for the well-being of
their students, and their dedication to improving the quality of
education in their classrooms will benefit these students for
generations to come.
I would also like to recognize Ms. JoEllen Scott, the principal of
Bayview Elementary School, whose hard work and excellent leadership
have helped make this school the success it is today. I am confident
that Bayview Elementary School will continue to produce well-rounded
and motivated students for the next 50 years and beyond.
____________________
DEACON ASPINWALL
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Deacon Aspinwall who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Deacon Aspinwall is a senior at Arvada
High School and received this award because his determination and hard
work have allowed him to overcome adversities.
The dedication demonstrated by Deacon Aspinwall is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Deacon Aspinwall
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award.
I have no doubt he will exhibit the same dedication he has shown in his
high school career to his college career and future accomplishments.
____________________
VIRGINIA TECH MASSACRE
______
HON. TED POE
of texas
in the house of representatives
Thursday, April 17, 2008
Mr. POE. Madam Speaker, today marks the 1 year anniversary of the
Virginia Tech massacre. One year ago, students on the campus woke up
and went to class. It was another seemingly ordinary day. But a
mentally-ill coward, hungry for control and infamy, followed through on
his premeditated rampage.
On April 16, 2007, there were two separate attacks, 2 hours apart on
the campus of Virginia Tech. The murderer, Seung-Hui Cho, killed 32
people and wounded many.
The first attack occurred at West Ambler Johnston Hall. Cho entered
the co-ed dormitory, home to 894 students, at 7 a.m. Fifteen minutes
later, he murdered two victims before returning to his dorm room.
Nearly 2 hours later, Cho went to a post office to mail writings and
video footage to NBC News. He was sure to inform the press because he
wanted the infamy and power. This coward carried chains, locks, a
hammer, a knife, two guns, nineteen 10- and 15-round magazines, and
almost 400 rounds of ammunition. He was on a murderous mission.
Two hours after his first killings, Cho continued his murder spree at
Norris Hall. He chained the three main entrance doors shut, placed a
note on the doors that said if the door was opened a bomb would
explode, and then went up to the second floor to begin the massacre.
Cho peeked into the classroom twice, to view his prey. He entered
Professor G.V. Loganathan's classroom, killing the professor and then
killing 9 of the 13 students. Two other students were injured and only
2 students survived unharmed. Cho then walked across the hall to
Christopher James Bishop's classroom where he killed Bishop and 4 other
students. Cho wounded 6 others. Cho continued down Norris Hall,
shooting students and professors. He returned to the classrooms several
times. Cho's spree continued for 10 to 12 minutes. He fired at least
174 rounds.
The 2 hour murderous massacre taught us that universities must have a
coordinated, quick system to notify students, staff, and the entire
university community of a pending danger. I'm an original cosponsor on
the Virginia Tech Victims Campus Emergency Response Policy and
Notification Act, which would require universities to notify students
and employees within 30 minutes after campus security or law
enforcement determines that an emergency exists on campus. It is
unfortunate that it took a tragedy to teach us this lesson.
This country continues to mourn the lives of the 32 victims from
Virginia Tech. We will never forget them. And that's just the way it
is.
____________________
PERSONAL EXPLANATION
______
HON. KAY GRANGER
of texas
in the house of representatives
Thursday, April 17, 2008
Ms. GRANGER. Madam Speaker, on rollcall Nos. 147, 153, 154, 155, 164,
165, 174, 178, 179, and 181 I am not recorded because I was absent due
to illness.
Had I been present, I would have voted ``no.''
____________________
IN HONOR OF THE SPELLING CHAMPIONS OF THE MULTI-REGIONAL STATE SPELLING
BEE
______
HON. MICHELE BACHMANN
of minnesota
in the house of representatives
Thursday, April 17, 2008
Mrs. BACHMANN. Madam Speaker, last month, students from all over
Minnesota met
[[Page 6387]]
at the St. Cloud Holiday Inn Hotel and Suites to compete for the honor
of traveling to Washington in May for the Scripps National Spelling
Bee. I commend all of the students who participated for their
extraordinary commitment to academics and their brilliance and poise
under pressure.
In particular, I share in all of Minnesota's pride in 8th Grader
Catherine Cojocaru of Holy Spirit Catholic School in Rochester,
Minnesota, who will be participating in the National Spelling Bee for
the second year in a row.
I also wish to commend the winners of the Central Minnesota Regional
Spelling Bee who competed amongst 56 students in grades 5 to 8 from 34
different school districts. These students earned a spot at the State
Bee: Ali Fuller of Chisago Lakes, Christina Huling of Annandale, Matt
Schultz of St. Michael-Albertville, and Peter Doyle of Rocori. The
skill these young men and women showed is truly awe-inspiring. They are
a real example for us all.
____________________
HONORING THE LONE STAR COLLEGE SYSTEM UNIVERSITY CENTER ON ITS 10TH
ANNIVERSARY
______
HON. KEVIN BRADY
of texas
in the house of representatives
Thursday, April 17, 2008
Mr. BRADY of Texas. Madam Speaker, I rise today very proud to honor
and congratulate the Lone Star College System University Center in The
Woodlands, Texas, on its 10th anniversary.
The University Center broke ground in June of 1996 under the theme of
``common ground for the common good.'' Partner universities, which
include: Prairie View A&M University, Sam Houston State University,
Texas A&M University, Texas Southern University, University of Houston
and University of Houston-Downtown, began offering courses in September
of 1997, and facilities were opened in January of the next year. Since
that time, the University Center has indeed honored the vision of
providing multi-level quality higher education instruction to a diverse
population of citizens from north Houston, north Harris and Montgomery
counties.
Over the past decade, the Center has experienced phenomenal growth.
Student enrollment and the number of courses offered has grown four-
fold. In 1997, the Center served 374 students in 65 classes. Today,
over 2,300 students participate in 255 classes. Fifty-two thousand
students have been served in ten years with no signs that growth will
stop.
This unique partnership between the six Texas universities and the
five colleges of the Lone Star College System has created amazing
educational opportunities for the students of the region. Through this
partnership, students at the University Center can complete
baccalaureate degrees, master's degrees and continuing professional
studies in over 65 programs without having to drive long distances.
Having such programs right in their own backyard is an opportunity that
the enrollment numbers clearly tell us is just too good to pass up.
The University Center is not only an asset to our community now, but
the sky is the limit for its future impact. By offering convenient
access to top quality instructors and innovative teaching, the
opportunity for students to achieve their higher education goals in my
district has never been so strong.
I consistently hear from employers that University Center students
take their outstanding educations and make a mark in the workplace.
Many careers have been started or enhanced through this unique
educational resource. As the University Center moves beyond its first
decade, the best is truly yet to come.
Madam Speaker, it is an honor to represent the University Center in
the U.S. House of Representatives, and I urge you to join me in
congratulating the Lone Star College System--University Center on this
momentous occasion.
____________________
RECOGNIZING THE OPENING OF THE TREATY ROOM AND THE CROSSROADS OF
DESTINY EXHIBIT AT THE GARST MUSEUM IN GREENVILLE, OHIO
______
HON. JOHN A. BOEHNER
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. BOEHNER. Madam Speaker, I rise to recognize the grand opening of
the Treaty Room and the Crossroads of Destiny Exhibit at the Garst
Museum in Greenville, Ohio
One of most significant historical moments in Darke County was the
signing of the Treaty of Greene Ville, which ended forty years of
conflict over the upper Ohio Valley and opened the door for western
settlement, leading to Ohio's statehood. This exhibit tells the story
of life on the frontier: war, resolution, loss, progress and the growth
of a nation.
While Darke County is no longer the Western edge of the United
States, its citizens retain the finest qualities of frontier settlers:
generous hearts, a zeal for public service and the passionate
patriotism that General Anthony Wayne, General William Henry Harrison,
Meriwether Lewis and William Clark exhibited more than two centuries
ago.
It is my pleasure to congratulate The Garst Museum, the Darke County
Historical Society and the citizens of Darke County on the grand
opening of this new exhibit.
____________________
CONGRATULATING ST. MARY OF VERNON ON THEIR 30TH ANNIVERSARY
______
HON. MARK STEVEN KIRK
of illinois
in the house of representatives
Thursday, April 17, 2008
Mr. KIRK. Madam Speaker, I rise today to honor the 30th Anniversary
of St. Mary of Vernon, a well-established church located in the 10th
district of Illinois.
In 1978, Father John Finnegan went to Lake County to establish a new
parish in the Vernon Hills area. The first Mass took place on August
15, 1978, in a rented space at Hawthorn Jr. High School. Three years
later, in 1981, the church moved into their new Worship Center which
doubled as a building for Mass as well as for social and community
activities. In December of 2005, the church moved into a new church
building, fulfilling their dream. Despite the acquisition, the
congregation takes pride in the fact that it is the people inside the
church's walls that make St. Mary of Vernon what it is.
The parishioners of St. Mary of Vernon are dedicated to the Catholic
education for all ages. Their goal is for all activities and gatherings
to have a spiritual dimension and regular participation in these
programs helps develop a community within the church.
Going beyond themselves, St. Mary of Vernon believes in serving the
needs of their surrounding community. Through outreach programs, people
feel welcome in the church at all times. To maximize their impact, they
also partner up with other congregations and community efforts.
This year we pause to celebrate the church's 30th Anniversary and
their impact on our community. I commend St. Mary's for their
accomplishments over the years and know they will continue to do great
things in the years to come.
____________________
IN HONOR OF GERRET AND TATIANA COPELAND
______
HON. MICHAEL N. CASTLE
of delaware
in the house of representatives
Thursday, April 17, 2008
Mr. CASTLE. Madam Speaker, it is with great pleasure that I rise
today to recognize Mr. and Mrs. Gerret and Tatiana Copeland for their
momentous gift to Christiana Care Health System's Center for Heart and
Vascular Health. The Copelands' gift will enable Christiana Care to
purchase a Stereotaxis remote navigation system that can more
effectively target problem areas in the heart while still preserving
healthy tissue, thereby providing the people of Delaware with the best
treatment available for a potentially fatal disorder.
Stereotaxis is used to treat Atrial Fibrillation, a common heart
condition that occurs when the heart rhythm becomes irregular, possibly
leading to blood clots and eventual stroke. The current procedure--
which involves inserting a catheter through the artery, identifying the
areas of the heart that trigger the irregular heartbeat, and destroying
those areas--puts healthy tissue in the heart at risk, is time
consuming, and has only a 50 percent success rate. The Stereotaxis
equipment, which will be housed in a new surgical suite named for
Gerret and Tatiana, uses computer technology to create three-
dimensional images of the heart and veins, allowing the cardiologist to
direct a magnetic catheter with greater precision and less chance of
damaging the patient's heart. These features should increase procedure
success rates to as high as 90 percent. In addition, the Stereotaxis
procedure is shorter than the traditional procedure; thus, the patient
should require less sedation, less post-
[[Page 6388]]
surgery medication, and recover at a taster rate. This type of cutting-
edge equipment is available in only 100 hospitals worldwide.
The Copelands are no strangers to philanthropy: they have been
generously supporting various causes in Delaware for many years, most
notably the arts. Their gift to Christiana Care, however, is very
personal. In 2006, following a cardiac catheterization, Gerret
underwent heart bypass surgery to treat blockage in six of his
arteries. Due to the extraordinary skill of the dedicated team of
doctors at Christiana Care, Gerret has since made a full recovery. He
and Tatiana hope that their donation will help others benefit from the
same exceptional care.
I thank and acknowledge Gerret and Tatiana Copeland for their
commitment to aiding the fight against heart disease. Their gift grants
Delaware residents access to the latest technology used to treat life-
threatening heart problems, undeniably bettering countless lives and
transforming cardiac care for the people of Delaware.
____________________
A PROCLAMATION HONORING JUSTIN McCAULEY FOR WINNING THE OHIO DIVISION
IV STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Justin McCauley showed hard work and dedication to the sport
of basketball; and
Whereas, Justin McCauley was a supportive member of the team; and
Whereas, Justin McCauley always displayed dedication to the sport of
basketball and the Tuscarawas County Rockets Special Olympics
basketball team; now, therefore, be it
Resolved, That along with his friends, family, and the residents of
the 18th Congressional District, I congratulate Justin McCauley on
supporting the Tuscarawas County Rockets Special Olympics basketball
team during their quest to win the Ohio Division IV State Basketball
Championship. We recognize the tremendous hard work and sportsmanship
he has demonstrated during the 2007-2008 basketball season.
____________________
INTRODUCTION OF NCAA FOOTBALL CHAMPIONSHIP EQUITY RESOLUTION
______
HON. NEIL ABERCROMBIE
of hawaii
in the house of representatives
Thursday, April 17, 2008
Mr. ABERCROMBIE. Madam Speaker, today I have joined with my
colleagues Congressman Simpson of Idaho and Congressman Westmoreland of
Georgia in introducing a resolution to end disparity in college sports
that is an unintended consequence of the Bowl Championship Series
(BCS). This resolution declares the BCS an illegal restraint on trade,
and demands that the US Department of Justice take the proper actions
to investigate and end the unfair BCS system. It also encourages the
National Collegiate Athletic Association (NCAA) to establish a true
football playoff system to determine the national collegiate football
champion in the interest of parity and sportsmanship.
The BCS is fundamentally unfair. Non-BCS schools, those in
conferences not automatically qualified for the BCS bowls, are at a
disadvantage prior to the first kickoff of the season. Non-BCS schools
must basically have perfect seasons, and must be the best of over 50
schools to even be considered to play in a BCS bowl, while schools that
belong to conferences that are automatically-qualified for BCS bowls
(BCS schools) must only be the best of 8-12 schools, depending on the
conference they compete in. Six of the ten schools that participate in
the BCS bowls qualify by becoming the regular season champion of a BCS
automatically-qualifying conference: the Atlantic Coast Conference
(ACC), Big 10, Big 11, Big East, Pacific-10. and the Southeastern
Conference (SEC). The four others are determined based on rankings,
conference standings, and in some cases, selected by bowl officials.
There is also a rule prohibiting more than one non-BCS school from
competing in a single year.
These unfair eligibility requirements produce effects that go far
beyond restricting access to playing for the national championship. The
BCS generates hundreds of millions of dollars of revenue annually, and
this money is disproportionately awarded to BCS conferences. Of the
more than $217 million generated by the 2006-2007 post-season bowls,
$185 million, or 85 percent went to the BCS schools, which represent
66, or 55 percent of Division I schools. Money generated by the post-
season games help schools cover costs for their athletic departments,
facilities, equipment, recruitment, and other sports programs. Non-BCS
schools must use their general funds to cover costs of their athletic
departments, which takes funding from academic and administrative
needs.
The lopsided distribution of BCS revenue results in two tiers within
the NCAA Football Bowl Subdivision (formerly Division 1), those with
access to the BCS, and those without. Those without are unable to
change their situation as the money and prestige associated with the
BCS makes it highly unlikely that a non-BCS school will be able to
compete for the same recruits, coaches, sponsorships, national
television exposure, and the revenue it generates. This disparity keeps
them in the second-class status and must be changed.
Questions about the legality of the BCS have also arisen. Legal
scholars have analyzed the anti-trust aspects of the BCS, and some have
concluded that the BCS violates the Sherman Anti-Trust Act under the
Rule of Reason test. This requires that the competitive benefits of the
system outweigh the anti-competitive effects. However, the anti-
competitive effects of the financial gain and recruiting advantage of
the BCS schools can easily outweigh the pro-competitive benefits of
arranging for the top two ranking BCS teams to play for the national
championship.
Many have called for the end of or change to the BCS, and the current
system is only the latest reincarnation. The NCAA has, on multiple
occasions, studied and considered moving to a playoff to determine the
national champion. Successful BCS school football coaches and
presidents have called for a playoff system, as have presidents of non-
BCS schools. Congress has held multiple hearings questioning the
fairness of the BCS and states have introduced and passed legislation
calling for changes to the system.
NCAA football is the only college team sport without a playoff
determining the national champion. While the NCAA Basketball
Championship's format will not transfer perfectly to college football,
it is an ideal system. All Division I schools start the season with an
equal chance of making it to the playoffs. The championship is decided
on the court by the players and their talent, not rankings and their
schedule before the tournament. The basketball championship also allows
for a nearly annual ``Cinderella story,'' an underrated team that
defies expectations, upsets traditionally strong opponents and competes
deep into the tournament. This year it was Davidson College, a member
of the Southern Conference, which was seeded tenth in its region and
made it to the Elite Eight, beating former champion Georgetown
University, the University of Wisconsin and Gonzaga University along
the way. This scenario is highly unlikely in the BCS system, as there
is little chance for a non-BCS school to even be offered an invitation
to play. Non-BCS schools, the University of Hawaii in 2008 and Boise
State University in 2007 were undefeated going into the BCS and were
not even given the opportunity to play for the national championship.
Something must be done to ensure that money and opportunity are
evenly distributed among all college football programs. Congress should
act in the interest of all the athletes, coaches, staff and supporters
to guarantee parity and competition in college football. The current
system leaves much to be desired and I urge my colleagues to join me in
support of this resolution calling for the NCAA Division I national
champion to be determined by a playoff.
____________________
BRITTANY PADGETT
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Brittany Padgett who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Brittany Padgett is a senior at Wheat
Ridge High School and received this award because her determination and
hard work have allowed her to overcome adversities.
The dedication demonstrated by Brittany Padgett is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Brittany Padgett
for winning the Arvada Wheat Ridge Service Ambassadors for
[[Page 6389]]
Youth award. I have no doubt she will exhibit the same dedication she
has shown in her high school career to her college career and future
accomplishments.
____________________
RECOGNIZING FLORENCE CRITTENTON SERVICES ON THE 125TH ANNIVERSARY OF
THE NATIONAL CRITTENTON FOUNDATION
______
HON. NANCY E. BOYDA
of kansas
in the house of representatives
Thursday, April 17, 2008
Mrs. BOYDA of Kansas. Madam Speaker, I am pleased today to recognize
Florence Crittenton Services in Topeka. Kansas, on the occasion of the
125th Anniversary of The National Crittenton Foundation.
Florence Crittenton Services in Topeka, one of the 22 Crittenton
agencies nationwide, is justifiably proud of their more than 100 years
of service to the State of Kansas' most vulnerable girls and young
women.
In 1900, this agency began in Topeka with a contribution of just
$100, which was given to provide much-needed community services and
shelter to young women in the community.
It is worth our time to take a moment and realize just how much that
small $100 contribution has created.
Today, 100 years later, Florence Crittenton Services provides not
just shelter, but cutting edge, comprehensive services to Kansas' most
vulnerable girls and young women. Currently, Florence Crittenton is the
only Psychiatric Residential Treatment Facility in Kansas that serves
female clients only.
Many people who know the Crittenton name associate it with support
for unwed mothers. While this is an important part of the Crittenton
legacy. the program has evolved over time to meet the increasingly
complex and acute needs of at-risk young women and their families all
across Kansas.
Most importantly, this array of services to girls and young women in
Kansas provides opportunities for growth and support that would not
exist otherwise. I am proud to acknowledge Florence Crittenton Services
of Kansas for their long-standing and worthwhile efforts that give
girls the tools and skills to change the course of their lives.
On this historic occasion, I ask my colleagues to join me in honoring
Florence Crittenton Services in Topeka for their ongoing commitment to
at-risk girls, young women and their families.
____________________
HONORING THE 125TH ANNIVERSARY OF THE NATIONAL CRITTENTON FOUNDATION
______
HON. JOHN J. DUNCAN, JR.
of tennessee
in the house of representatives
Thursday, April 17, 2008
Mr. DUNCAN. Madam Speaker, I rise today to celebrate the 125th
anniversary of the National Crittenton Foundation, a national
organization dedicated to supporting and empowering young women and
girls at-risk.
More than a century ago, founder Charles Crittenton and his
colleague, Dr. Kate Waller Barrett, began an international movement to
help homeless, pregnant women and their babies. Today, the unique
partnership between The National Crittenton Foundation and the
Crittenton Family of Agencies carries on this mission through a
national network of affiliated independent, local organizations.
As a leading member of the Crittenton Family of Agencies, the
Florence Crittenton Agency in Knoxville, Tennessee has worked
tirelessly to ensure that the children, families, and pregnant young
women of East Tennessee have the best possible services. I am proud to
have such an upstanding organization located in my congressional
district.
Founded in 1896 under the proud leadership of Mrs. Annie McGhee
McClung, the Knoxville organization experienced a period of decline
during wars and the Great Depression, but the challenges facing young
women and girls remained. Seeing the great need that still existed,
seven Knoxville community leaders signed a second Charter of
Incorporation on October 1, 1963, ushering in a new era of innovative
services and support.
Through its active participation with The National Crittenton
Foundation and the Crittenton Family of Agencies, the Florence
Crittenton Agency in Knoxville continues to strengthen communities and
have a positive impact on East Tennessee.
In closing, Madam Speaker, I ask that my colleagues join me in
recognizing the National Crittenton Foundation and Knoxville's Florence
Crittenton Agency on this historic occasion and thank them for their
ongoing commitment to our communities and to our country.
____________________
TRIBUTE TO SAMMY GEORGE OF CHATTANOOGA, TENNESSEE
______
HON. ZACH WAMP
of tennessee
in the house of representatives
Thursday, April 17, 2008
Mr. WAMP. Madam Speaker, today I rise to honor Sammy George of my
hometown of Chattanooga, Tennessee, as he departs the broadcasting
industry at the height of his career with 35 years of service. Mr.
George has been an outstanding leader at home, in the industry and
within our community. Now that he will be spending more time with his
family and friends, I want to take a moment to recognize his tremendous
accomplishments and thank him for all he has done in Chattanooga.
Alter serving in the U.S. Marines in Vietnam, Sammy returned to his
hometown of West Blocton, Alabama, where he worked as a disc jockey,
DJ. He moved to Chattanooga in 1985 to become the general manager of
the upstart radio station WUSY US-101 where he has remained for more
than 22 years.
During his term, the station has won countless awards and has been
recognized for its distinction and excellence These include nine
Country Music Association Station of the Year awards, four R&R Station
of the Year awards, one Academy of Country Music Station award, a
National Association of Business, NAB, Marconi for Personality of the
Year and the NAB Crystal award.
Most importantly, Sammy has focused his talent and energy on helping
those in need. He has humbly led our community in raising millions of
dollars for charitable causes, including $5 million for the St. Jude
Children's Research Hospital and $800,000 of supplies for Hurricane
Katrina victims.
Sammy retires as the market manager for Clear Channel/Chattanooga
where he oversaw three popular radio stations: WUSY US-101, WLND 98.1
The Legend, and WRXR Rock 105. After taking some much deserved time
off, he will bring his wealth of experience to Northwest Georgia Bank
where he will be vice-president for new business.
Sammy George is a man of integrity, loyalty and outstanding
leadership, and I am proud to recognize him today.
____________________
THE 2008 COOPERATIVE CONSERVATION AWARD
______
HON. DAVID G. REICHERT
of washington
in the house of representatives
Thursday, April 17, 2008
Mr. REICHERT. Madam Speaker, I want to congratulate Mount Rainier
National Park, the Student Conservation Association, SCA, the
Washington's Trails Association, WTA, the National Parks Conservation
Association, NPCA, Washington's National Park Fund, and The
Mountaineers for being awarded the 2008 Cooperative Conservation Award,
CCA, from the Department of the Interior. The CCA is the Department of
Interior's highest award presented to private citizens and
organizational partners who support the agency's mission and
demonstrate significant contributions to its programs.
The award was given to the coalition for their outstanding efforts in
rebuilding damaged trails, campgrounds and other facilities at Mount
Rainier following the disastrous floods and windstorms during the
winter of 2006. The coalition named their efforts the Mount Rainier
Recovery Initiative and enlisted the help of more than 700 people from
all over the country to rebuild and solidify some of the most beautiful
trails, campgrounds and habitats in the country. The work they did was
truly remarkable. Their dedication is appreciated by residents of the
Pacific Northwest and the residents of the Eighth District, the
district I represent.
The work by the coalition, along with countless volunteers, will be
enjoyed for years to come by the thousands of visitors to Mount
Rainier. With all the coalition has accomplished, their efforts
continue by expanding their reach outside Mount Rainier to other areas
in Washington State affected by extreme weather utilizing the success
of their Mount Rainier Model. Again, congratulations the SCA, the WTA,
the NPCA, Washington's National Park Fund and The Mountaineers for
their dedication to the natural wonders of the Pacific Northwest and
urge them to continue in their efforts.
[[Page 6390]]
____________________
THE CITY OF ROCK PORT, MISSOURI
______
HON. SAM GRAVES
of missouri
in the house of representatives
Thursday, April 17, 2008
Mr. GRAVES. Madam Speaker, I proudly rise to recognize, the City of
Rock Port, Missouri, the first community in the United States of
America whose energy source is totally wind powered.
Rock Port, where Lewis and Clark camped in 1804, the county seat of
Atchison County--named after United States Senator David Atchison--and
the home of the annual Atchison County Fair, has come a long way to be
the undisputed leader of energy innovation by becoming the first
community in our Nation to be totally energy independent of foreign
resources.
Named for the soil that it is built on, Loess Hills Wind Farm is
located on agricultural lands within the city limits of Rock Port. The
four wind turbines that make up the Loess Hills Wind Farm will produce
16 million kilowatt hours of electricity per year. Rock Port will truly
be the first community in America capable of meeting its entire annual
electricity demands from wind power.
As a long standing supporter of wind energy, I am a proud to report
the first 100 percent wind-powered community in the United States is in
the Sixth Congressional District of Missouri.
Madam Speaker, I ask that you and the entire United States House of
Representatives join me in celebrating with the City of Rock Port,
Atchison County and the great State of Missouri in being the ``true''
leader for this Nation for energy independence.
____________________
DESIREE LAWRENCE
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Desiree Lawrence who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Desiree Lawrence is a student at Wheat
Ridge High School and received this award because her determination and
hard work have allowed her to overcome adversities.
The dedication demonstrated by Desiree Lawrence is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Desiree Lawrence
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award.
I have no doubt she will exhibit the same dedication and character to
all her future accomplishments.
____________________
A PROCLAMATION HONORING RACHEL RUSSELL FOR WINNING THE OHIO DIVISION IV
STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Rachel Russell showed hard work and dedication to the sport
of basketball; and
Whereas, Rachel Russell was a supportive team player; and
Whereas, Rachel Russell always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, that along with her friends, family, and the residents of
the 18th Congressional District, I congratulate Rachel Russell on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship she has
demonstrated during the 2007-2008 basketball season.
____________________
RECOGNIZING THE FLORENCE CRITTENTON HOME IN LEXINGTON, KENTUCKY
______
HON. BEN CHANDLER
of kentucky
in the house of representatives
Thursday, April 17, 2008
Mr. CHANDLER. Madam Speaker, it is with great pleasure that I
recognize the 125th anniversary of the National Crittenton Foundation,
an organization that supports empowerment and self-sufficiency for
young women at risk. In particular, I want to celebrate the work of a
leading member of the Crittenton Family of Agencies: The Florence
Crittenton Home in Lexington, Kentucky.
Established in 1894, The Florence Crittenton Home in Lexington is a
private non-profit residential treatment facility that provides
comprehensive services to girls who have been abused, neglected,
abandoned or are experiencing pregnancy and parenting in the face of
mental health and behavioral challenges. Every day, this dedicated
organization strives to provide a stable, safe and nurturing atmosphere
to help its clients achieve the personal growth and family stability
necessary to thrive as adults.
Originally known as the Lexington House of Mercy, the Florence
Crittenton Home opened its doors on September 3, 1894 in response to
community concern about the lack of support for the city's girls. Over
the years, with help from community partners including the Fayette
County Board of Education, the University of Kentucky, the Keeneland
Foundation, the Junior League of Lexington, numerous churches and
dedicated volunteers, the Florence Crittenton Home has provided
important social services to thousands of Kentucky's young women.
The National Crittenton Foundation and Lexington's own Florence
Crittenton Home are to be commended as organizations that allow
Kentucky's young women to believe in and empower themselves. It is with
this ongoing contribution in mind that I recognize them both on this
special occasion.
____________________
TRIBUTE TO JANET ELIZABETH THIESSEN
______
HON. RICK LARSEN
of washington
in the house of representatives
Thursday, April 17, 2008
Mr. LARSEN of Washington. Madam Speaker, I rise today to pay tribute
to a woman who spent more than 20 years working for the people of the
2nd District of Washington State. Janet Elizabeth Thiessen, who passed
away last month at the age of 78, was at the side of former Congressman
Al Swift, throughout the years he represented the 2nd District from
1978 until 1995.
Ms. Thiessen's service to the 2nd District didn't begin with Rep.
Swift; she first worked for his predecessor, Congressman Lloyd Meeds,
as a caseworker in the district office and later as a member of his DC
staff.
After graduating from Western Washington State College, Ms. Thiessen
started out her career as a teacher. When she and her husband moved to
Skagit County, she turned her attention to raising sons Kyle and Scott
and volunteering in the community. One of her volunteer projects she
was most proud of was helping to bring childcare to migrant families in
Skagit County so children wouldn't have to be in the fields while their
parents were in the fields picking fruit and vegetables. It was during
her years as a volunteer for the local Democratic Party that she met
Lloyd Meeds. Her volunteer efforts for Rep. Meeds led to a job helping
his constituents, first in the district office and then in Washington.
DC. Ms. Thiessen and Swift both worked for Rep. Meeds and when Swift
was elected, she became office manager and ultimately his Chief of
Staff.
Ms. Thiessen was respected and admired by all who worked in the
office. She set high standards and expected top-quality work from all
staff in the Swift office. Her hand was in nearly every issue that
Swift worked on throughout his tenure in Congress, from his Motor Voter
bill, which eventually became law, to the various projects that he
sponsored around the 2nd District, such as the 88th Street Interchange
on I-5 and the return of passenger rail service between Seattle and
Vancouver, BC. She knew the issues, she knew the district, and she made
sure everything ran smoothly for Rep. Swift and his legislative staff.
Her writing and grammatical skills were the envy of the entire
office. I've been told that both she and Rep. Swift were terrific
editors, but her eagle eyes would rarely let a misspelled word or typo
slip by in any of the correspondence that went out of the office.
Outside of the office, her ability to work a crossword or any type of
word puzzle was legendary!
She was one of the first to arrive in the office each day and usually
the last to leave at night. She took young staffers under her wing and
often pushed them to better themselves in
[[Page 6391]]
their careers--whether that meant going back to school or taking
another job. Many of Swift's former staffers whom Ms. Thiessen helped
nurture have gone on to become state legislators, CEOs, judges,
attorneys, public affairs officers, top congressional staff,
archivists, and teachers. I am fortunate that my own district director
for many years worked with and was mentored by Ms. Thiessen.
Janet Thiessen was an independent woman who made her way in a world
that was, at that time, often dominated by men. She rose from an unpaid
volunteer to the Chief of Staff for a veteran congressman, all on her
own. Her intellect, political skills, loyalty, sense of humor and
kindness served her well in her career on Capitol Hill and in life. She
will be greatly missed.
____________________
HONORING THE GRAND OPENING OF THE LEWIS LIBRARY AND TECHNOLOGY CENTER
______
HON. JOE BACA
of california
in the house of representatives
Thursday, April 17, 2008
Mr. BACA. Madam Speaker, on April 19, 2008, the city of Fontana and
neighboring cities in the region will gather to celebrate the grand
opening of the Lewis Library and Technology Center located in Fontana,
CA.
The idea for the Lewis Library and Technology Center was birthed out
of the need to create a library that would house the needs of the
growing community. City officials and local developers believed that a
more technologically advanced library was necessary to enhance
personal, professional, recreational and lifelong learning goals, a
task that was unattainable through the already existing ``Emerald
Street'' Library.
The Lewis Library and Technology Center is the first significant new
building in the region. This library creates not only a new awareness
for the city, but a newfound awareness and appreciation for the Inland
Empire Region. specifically the San Bernardino County area.
In addition to representing a new image for the city and the region,
the Lewis Library and Technology Center provides accessibility to
surrounding cities like Rancho Cucamonga, Rialto, Colton, Ontario,
Bloomington and San Bernardino.
Fontana is the 5th fastest growing city in the State and the 8th
fastest growing city in the Nation--population 183,640 and growing.
Fontana is also a melting pot with 12 percent Black, 60 percent
Hispanic, 25 percent White, with a wide variety of cultures and
languages. Roughly 41 percent of our 42,000 school-age children in the
classrooms are designated ``English Language Learners.'' That's 17,176
kids who need your help. The library will fulfill the community's
desire for improved library services as well as establish an icon for a
maturing and growing city.
The Lewis Library and Technology Center will for years to come be
symbolic of the city's diversity and will be representative of the
advancements that have been made in Fontana. The library will be a
historic monument for the city and the region.
It is on behalf of the children of our community and our region that
we recognize this great work and give tribute to the grand opening of
the Lewis Library and Technology Center.
____________________
THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
______
HON. ALLEN BOYD
of florida
in the house of representatives
Thursday, April 17, 2008
Mr. BOYD of Florida. Madam Speaker, I want to commend the House and
Senate leadership on their negotiations throughout the last year on the
Foreign Intelligence Surveillance Act. They have worked diligently on
this issue and I rise today to encourage them to finalize a version of
the bill that protects the civil liberties of our citizens, provides
comprehensive guidelines for our intelligence community and reaffirms
the importance of private industry cooperation in government
investigations.
The right to privacy has long been regarded as an inherent American
value and it is our Government's responsibility to strike a balance
between protecting that constitutionally protected right and securing
the country against future terrorist attacks. I have been pleased to
support the Democratic led efforts towards Foreign Intelligence
Surveillance Act reauthorization that have made it clear that these
rights are to be at the forefront of actions taken by Government
officials.
In addition to this emphasis, I believe it imperative that a final
bill exempts from liability the telecommunications companies who
participated in the Bush administration's requests for information on
customer records. I join the National Sheriffs' Association, the
International Association of Chiefs of Police, the Fraternal Order of
Police, members of the 9/11 Commission and the Florida State Attorney
General Bill McCollum in urging this protection. A provision as such
will ensure that the cooperative relationships that law enforcement and
the private sector have will continue to facilitate critical
information exchanges that protect this Nation and its citizens.
I am confident that Congress will continue the role intended by our
forefathers to oversee the past, current and future actions of the
executive branch, particularly in regard to these bedrock issues that
make the United States the greatest country in the world. Our
intelligence community deserves updated direction and guidance on these
issues backed by the force of law, and I urge our leaders to continue
their good work.
____________________
HONORING VOLUNTEERS
______
HON. SAM JOHNSON
of texas
in the house of representatives
Thursday, April 17, 2008
Mr. SAM JOHNSON of Texas. Madam Speaker, it is my privilege to bring
before this Congress the following outstanding people who have
voluntarily served orphans, public school children, college students,
juvenile delinquents, and needy families under the official invitation
and authority of government agencies in Austria, China, Indonesia,
South Korea, Malaysia, Mexico, Mongolia, New Zealand, Peru,
Philippines, Romania, Russia, Singapore, Taiwan and Ukraine. The
excellent character demonstrated by these people, as well as their
commitment to the principles upon which our Nation was founded, have
not only attracted the attention of leaders, parents, the media, and
students, but it has also brought honor to the United States of America
and to the Lord Jesus Christ who they serve.
Bair, Aileen, IL; Bair, Robert, IL; Beiler, Krista, PA; Bisson,
Hannah, OH; Bollinger, Lauren, OH; Brown, James, NY; Chen, Anna, NY;
Chen, Faith, NY; Chen, Grace, NY; Chen, Karen, NY; Chen, Dr. Stephen,
NY; Chen, Timothy, NY.
Christensen, Edith, GA; Christiansen, Alissa, OK; Christiansen, Chad,
OK; Clawson, Laura, MN; Clayton, Philip, NC; Coffing, Dominique, NM;
Connelly, Sarah, AZ; Conzatti, Dena, WA; Cook, Aaron, SC; Cook, Kristi,
SC; Cooper, Gloria, TX; Cooper, Josiah, TX.
Copu, Carmen, IL; Copu, Joy, IL; Copu, Paul, IL; Copu, Peter, IL;
Copu, Rebecca, IL; Copu, Stefana, IL; Copu, Valen, IL; Copu, Victor,
IL; Copu, William, IL; Crisp, Heather, OH; Cyrus, Lauren, MI;
Dalrymple, Hannah, GA.
DeBoer, Rachel, IL; DePriest, Amy, MO; Dornink, Melody, MN; Dudley,
Juliana, PA; Dudley, Wesley, PA; Ehnis, Nathan, MI; Ehnis, Shannon, MI;
Eng, Emily, NC; Eng, Michelle, NC; Estes, Autumn, FL; Estes, Curtis,
FL; Estes, Daniel, FL.
Estes, Mildred, FL; Farr, Roger, TX; Farr, Sue, TX; Freehan,
Benjamin, WA; Feig, Joel, WI; Feig, Zachary, WI; Fernandez, Jonathan,
CA; Fields, Jonelle, TX; Forsman, Camille, MN; Fox, Elizabeth, CA;
Frahm, Jonathan, GA; Frahm, Laura, GA.
Gamble, Allison, AL; Gay, Carissa, OR; Gilley, Rebekah, AL; Gillson,
Kennan, MN; Gillson, Kirsten, MN; Greenwood, Karen, CT; Grier, Anna,
GA; Grindall, Rachel, WA; Hanes, Austin, AL; Haueisen, Michelle, WA;
Heath, Joshua, PA; Heath, Krystal, PA.
Hilton, Alex, VA; Hollinger, Seanna, NE; Hubbard, Micah, AR; Hug,
Ruth, WA; Hung, Daniel, CA; Hung, Rachel, CA; Hung, Rebecca, CA; Hung,
Sharon, CA; Hynes, Joy, IN; Jefferies, Megan, MI; Johnson, Amanda, WI;
Johnson, Rebekah, IL.
Jorgensen, Andrew, PA; Jorgensen, Rachel, PA; Kallberg, Luke, IL;
Kallberg, Naomi, IL; Krauter, Jocelyn, PA; Ku Isabelle, NJ; Kulp,
Jarita, WI; LaLone, Douglas, PA; Langemann, Christy, CO; Lawrence, Ian,
AL; Lehman, Regina, PA; Leskowat, Catherine, OK.
Leskowat, Naomi, OK; Levendusky, Angie, OK; Levendusky, Dr. Tim, OK;
Lewis, Mai, WI; Lindley, Jessica, IL; Lindley, Sarah, IL; Little,
Lauren, NJ; Llewellyn, Chad, MD; Lukachick, Anna, LA; Lukachick, David,
LA; Lyons, Hannah, IL.
Lyons, Mary, IL; Lyons, Naomi, IL; Lyons, Roy, IL; Mally, Grace, IA;
Mally, Harold, IA; Mally, Rebekah, IA; Mally, Sarah, IA; Mally,
Stephen, IA; Malm, Ben, MN; Marshall, Dallas, OK; Marshall, Ezra, OK.
Marshall, James, OK; Marshall, Johnathan, OK; Marshall, Louanne, OK;
Marshall, Thaddaeus, OK; Mason, Christina, AR;
[[Page 6392]]
Matchak, Jacob, CA; Mattix, George, IL; Mattix, Pattie, IL; McCray, Jo,
AR; McCray, Dr. Kevin, AR.
Meng, Christine, NC; Meng, Ethen, NC; Meng, Grace, NC; Meng, Justin,
NC; Meng, Stephen, NC; Neu, Daniel, KS; Newhook, Andrew, PA; Newhook,
Trevor, PA; Newhook, Tyler, PA; Nicholson, Benjamin, TX; Noland,
Katerine, MA.
O'Conner, Adam, LA; Payne, Ashia, MD; Payne, Nikolai, IA; Pennel,
Corrie, DE; Peterson, Joy, FL; Phariss, Erik, TX; Phariss, Ken, TX;
Phariss, Sacha, TX; Phariss, Susana, TX; Pierpont, Holly, MI; Plattner,
Tessa, AZ.
Randall, Erin, TX; Richmond, Kristen, OH; Ross, Charles, GA; Ross,
Mary, GA; Ross, Rebecca, GA; Sachse, Jennifer, TX; Samaha, James, SC;
Sanborn, Diane, FL; Sanders, Charity, AL; Sater, Jonathan, ID.
Seale, Susanna, TX; Searle, Shawn, CA; Sellin, Tammy, KS; Shepherd,
Gracie, GA; Sherrer, Katherine, NC; Shoemaker, Richard, OK; Simpson,
Jerry, OH; Simpson, Nichole, OH; Snyder, Benjamin, MA; Staddon, Donald,
WV; Steinbach, Jeff, CA.
Stewart, Andrew, OH; Stewart, Lucas, OH; Stonecypher, Esther, IN;
Stonecypher, Caleb, IN; Stonecypher, Debra, IN; Stonecypher, Elizabeth,
IN; Stonecypher, Leah, IN; Stonecypher, Maurice, IN; Straub, Nathan,
WA; Straub, Teresa, WA; Strickler, Ruth, PA.
Sullivan, Andrei, NC; Sullivan, John David, NC; Sullivan, Roslyn, NC;
Sullivan, Sarah, NC; Sullivan, Tom, NC; Taylor, Luisa, CA; Turner,
Jane, GA; Vaccaro, Jeanette, MT; Van Ry, Sheralee, WA; Waller, Adam,
IL.
Waller, Brian, IL; Waller, David, IL; Waller, Derrick, IL; Waller,
Lydia, IL; Waller, Matthew, IL; Waller, Rachelle, IL; Waller, Rebecca,
IL; Waller, Samuel, IL; Waller, Sarah, IL; Waller, Sue, IL; Waterman,
Kaylan, MI; Wenstrom, Angela, FL; Wenstrom, Brittany, FL.
Wenstrom, Chris, FL; Wenstrom, James, FL; Wenstrom, Kimberly, FL;
Wenstrom, Matthew, FL; Wenstrom, Michelle, FL; Whitten, Susannah, IN;
Williams, Arnah, IN; Williams, Burton, CT; Williams, Sue, CT; Winkler,
Kathryn, NY; Yaste, Alexander, IN; and Zaloum, Kristina, IN.
____________________
A PROCLAMATION HONORING ROBERT EASLICK FOR WINNING THE OHIO DIVISION IV
STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Robert Easlick showed hard work and dedication to the sport
of basketball; and
Whereas, Robert Easlick was a supportive team player; and
Whereas, Robert Easlick always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, that along with his friends, family, and the residents of
the 18th Congressional District, I congratulate Robert Easlick on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship he has
demonstrated during the 2007-2008 basketball season.
____________________
GENEVIEVE MARTINEZ
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Genevieve Martinez who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Genevieve Martinez is a student at Wheat
Ridge Middle School and received this award because her determination
and hard work have allowed her to overcome adversities.
The dedication demonstrated by Genevieve Martinez is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Genevieve Martinez
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award.
I have no doubt she will exhibit the same dedication and character to
all her future accomplishments.
____________________
TRIBUTE TO PRINCIPAL JILL RAMSEY AND TEACHERS MR. PATRICK FINE, MS.
LIESA HARTIN, MR. MIKE KAISER AND MR. STEVE MUSIAL
______
HON. W. TODD AKIN
of missouri
in the house of representatives
Thursday, April 17, 2008
Mr. AKIN. Madam Speaker, I rise today to recognize and honor
Principal Jill Ramsey and physical education teachers: Mr. Patrick
Fine, Ms. Liesa Hartin, Mr. Mike Kaiser, and Mr. Steve Musial.
Principal Jill Ramsey and the Chesterfield Elementary School has
successfully renewed its STARS status. The criteria for STARS
recognition is based on the National Standards for Physical Education,
specifically, educationally and developmentally appropriate
instructional strategies and teaching skills, adequate facilities and
equipment that are safe and appropriate for the age and abilities of
the students and that enable students to participate in the maximum
amount of active time on task, and classes taught by certified physical
educators.
A quality school physical education program is the foundation for
helping all children develop the knowledge, skills, and confidence that
promote lifelong physical activity. By improving the quality of school
physical education programs across the country, we will have a direct
effect on the health of America's children.
I want to thank the fine educators of Chesterfield Elementary School
for their commitment to the health and education of our future
generations and congratulate them on the successful renewal of their
STARS status in 2008.
____________________
CONGRATULATING WANDA JENSEN FOR HER MANY YEARS OF SERVICE AS STICKNEY
TOWNSHIP DEMOCRATIC COMMITTEEWOMAN
______
HON. DANIEL LIPINSKI
of illinois
in the house of representatives
Thursday, April 17, 2008
Mr. LIPINSKI. Madam Speaker, I rise today to honor Wanda Jensen as
she retires from over 40 years of service as Stickney Township
Democratic committeewoman. Throughout her tenure, Mrs. Jensen served
her community commendably and I am pleased to recognize her for her
long and admirable record of public service.
A longtime resident of the Third District, Mrs. Jensen has
demonstrated true community spirit with an unwavering devotion to
serving the public. Her service to Stickney as a Democratic
committeewoman since 1966 is but one example of her deep community
involvement. A true pillar of the community, Wanda has served as a
Stickney Township trustee for more than 30 years, all the while
devoting extra time to organizations such as the Boy Scouts and the
Girl Scouts.
As a testament to her success at bringing the community together,
Mrs. Jensen is the proud founder of a local fashion show that has been
running for 41 years. Over time, this event has evolved into a popular
community gathering that sells out every year.
Amidst her many commendable contributions to the Third District, Mrs.
Jensen raised 4 children and now enjoys the pleasure of a large family,
which has grown to include 14 grandchildren and 5 great-grandchildren.
Mrs. Jensen is also a devoted member of St. Albert the Great Catholic
Church.
I rise today, Madam Speaker, to commend the dedication and service of
Wanda Jensen as she retires from her post as Stickney Township
Democratic committeewoman. I am proud to have in the Third District
such an exemplary model of a devoted public servant. I deeply
appreciate her service and wish her and her loved ones a wonderful
celebration as they commemorate her many years of service.
____________________
CONGRATULATING GIRL SCOUT GOLD AWARD RECIPIENTS
______
HON. RAY LaHOOD
of illinois
in the house of representatives
Thursday, April 17, 2008
Mr. LaHOOD. Madam Speaker, today I am proud to recognize seven
outstanding young women who have earned the Girl Scout Gold Award. The
Gold Award is the highest offered by the Girl Scouts.
I am honored to extend my congratulations to Ms. Kellie Poland, Ms.
Marlene Smith, Ms. Andreanna Haun, Ms. Heather Graham, Ms. Nikita
Garman, Ms. Mindy Merdian, and Ms. Alexis Moore, all Gold Award
winners. These young women join an elite group of Girl Scouts, as last
year only about 5 percent of eligible Scouts earned the prestigious
Gold Award. Each of these young women's accomplishments demonstrates
their ability to successfully meet a challenge and achieve a truly
[[Page 6393]]
difficult goal. They have shown leadership in their communities and,
through their efforts, have had a positive impact on the lives of
others. The Girl Scouts can be proud today, as I am, of these fine
young women, who, with character and confidence, have shown the courage
to achieve the highest of honors available to them, the Gold Award.
I applaud their dedication and thank them for their service to our
communities. I encourage them to continue to be positive examples for
those around them, and, again, I offer my sincere congratulations.
____________________
FERNANDA MARTINEZ
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Fernanda Martinez who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Fernanda Martinez is a student at
Jefferson High School and received this award because her determination
and hard work have allowed her to overcome adversities.
The dedication demonstrated by Fernanda Martinez is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Fernanda Martinez
for winning the Arvada Wheat Ridge Service Ambassadors for Youth award.
I have no doubt she will exhibit the same dedication and character to
all her future accomplishments.
____________________
IN HONOR OF ELEANOR WASSON
______
HON. SAM FARR
of california
in the house of representatives
Thursday, April 17, 2008
Mr. FARR. Madam Speaker, I rise today, with my colleagues Anna Eshoo
and Dennis Kucinich to honor the memory of an optimistic, vivacious
woman whose positive outlook and zeal for life inspired many. Eleanor
Wasson, a driving force behind WomenRise for Global Peace, passed away
peacefully on April 6, 2008. She was 100 years old.
Miss Wasson grew up in Los Angeles, California and was raised by a
loving, supportive family. In her life she was always conscious of the
importance of giving back to the community. She devoted her life to
fighting for political and social causes in the United States and
abroad. Miss Wasson was an active volunteer, working three decades as a
coordinator of Volunteer Services for UCLA, and later, creating her own
organization. Miss Wasson helped introduce volunteerism to the rest of
the world through the creation of International Volunteer Education,
which was designed to teach foreign countries to recruit and train
large numbers of volunteers.
A feminist ahead of her time, Miss Wasson's activism and longevity
was fueled by her uplifting outlook on life. Miss Wasson was noted for
the ability to befriend people from all over the world and from diverse
walks of life. Her warm heart led her to treat each individual with
equal respect and friendliness; noting that having plenty of friends
attributed to her own longevity. Above all, she led her life believing
in the universal power of love, and that we all had power, providing
that every action was motivated by love.
Later in her life, Miss Wasson was drawn to the beauty of
California's Central Coast. She moved to Santa Cruz in 1989, where she
continued to cultivate her spirit of volunteerism, contributing much to
a local environmental organization. EarthSave. There, she continued to
make friends and spread her contagious optimism with Santa Cruz locals.
Old age could not stop Miss Wasson as she continued her activist
lifestyle up until her recent passing. Her memories live on, along with
her book ``28,000 Martinis and Counting,'' which details her
centenarian life of ``living, learning, and loving.''
Eleanor is survived by her daughters Joan Smith and Diane Wright;
along with numerous beloved family members and friends.
Madam Speaker, I would like to extend our Nation's deep gratitude for
Eleanor's service to the United States and her own local community. I
know I speak for every Member of Congress in offering our condolences
to Joan, Diane and the entire Wasson family for the loss of their
beloved mother, grandmother and great-grandmother.
____________________
A PROCLAMATION HONORING TRAVIS GLASGOW FOR WINNING THE OHIO DIVISION IV
STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Travis Glasgow showed hard work and dedication to the sport
of basketball; and
Whereas, Travis Glasgow was a supportive team player; and
Whereas, Travis Glasgow always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, that along with his friends, family, and the residents of
the 18th Congressional District, I congratulate Travis Glasgow on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship he has
demonstrated during the 2007-2008 basketball season.
____________________
PERSONAL EXPLANATION
______
HON. LOUISE McINTOSH SLAUGHTER
of new york
in the house of representatives
Thursday, April 17, 2008
Ms. SLAUGHTER. Madam Speaker, I was unavoidably detained and missed
Rollcall votes 192, 199, 200, and 201. Had I been present, I would have
voted ``yea'' on rollcall No. 192, ``yea'' on rollcall No. 199, ``yea''
on rollcall No. 200, and ``yea'' on rollcall No. 201.
____________________
PERSONAL EXPLANATION
______
HON. KAY GRANGER
of texas
in the house of representatives
Thursday, April 17, 2008
Ms. GRANGER. Madam Speaker, on rollcall Nos. 148, 149, 150, 151, 152,
156, 157, 158, 159, 160, 161, 162, 163, 166, 167, 168, 169, 170, 171,
172, 173, 175, 176, 177, 180, and 182 I am not recorded because I was
absent due to illness.
Had I been present, I would have voted ``aye.''
____________________
HONORING MRS. PINKIE PARKER HARDY
______
HON. BARBARA LEE
of california
in the house of representatives
Thursday, April 17, 2008
Ms. LEE. Madam Speaker, I rise today to honor the extraordinary life
of Mrs. Pinkie Parker Hardy. We lost our beloved Mrs. Pinkie Hardy on
April 3, 2008. She led a full and vibrant life during her 91 years on
this earth, raising a loving family and mentoring many in her church
and community.
On May, 19, 1916, Pinkie Parker was born in Washington, Louisiana to
Alice White and John Parker. During Pinkie's life, she witnessed many
of the Nation's most turbulent and controversial moments. Growing up in
the south in the first quarter of the last century, Pinkie was self-
educated and she devoted her energies to her community, her family, and
her faith. She was a lifelong resident of Eunice, Louisiana.
In 1936, at the age of 20, Pinkie Parker married Herman Joseph Hardy.
From this loving union, five sons and two daughters were born. In 1949,
Mrs. Hardy became a parishioner at St. Mathilda Catholic Church. She
remained a devout and extremely active member of this parish until she
became ill just last year.
Mrs. Hardy contributed immeasurably to the growth and service of St.
Mathilda Parish during her life. Bishop Flynn appointed her as the
first Extraordinary Minister of the Eucharist at St. Mathilda. She also
served as Lector and Parish Council President for several years. For 50
years, Mrs. Hardy was an active member of the Knights of Peter Claver
(KPC) Council #92. Mrs. Hardy spent 26 of those years serving as the
Grand Lady of KPC.
In 1987, Mrs. Hardy was the recipient of the Martin Luther King, Jr.
Award from the Diocese of Lafayette. In 2002, she received the Bishop's
Medal for devoted service to her church and society.
It is clear that Mrs. Hardy was an indispensable component of her
community. She came of age and lived her adult life during the most
tumultuous and influential political period in
[[Page 6394]]
American history. Mrs. Hardy's life exemplifies that of many African-
Americans during this century, their struggle for human rights and
civic freedom, and their strength and perseverance.
These important men and women are seldom recognized for their
greatness. Mrs. Hardy's life is one to be remembered and admired as an
example of the true work and inner fortitude that keeps this country
together. These individuals dedicated their lives to the service of
their God and community in the face of incredible odds. Each and every
one of them had a unique story, a special impact, and a loving family.
Mrs. Pinkie Parker Hardy was a member of mine.
On a very personal level, Mrs. Hardy was ``family'' to me. She shared
her deep religious faith, her wonderful Creole cooking (especially her
gumbo) and her insights as a strong, yet gentle African-American woman
with me on several occasions. To know ``Mrs. Pinkie'' was to love her.
Mrs. Pinkie Parker Hardy will be sorely missed by all those who loved
her and were honored to have her kindness and spirit touch their lives.
Her memory and legacy will live on through her seven children, five
daughters-in-law, 22 grandchildren, 34 great-grandchildren, and four
great-great-grandchildren as well as innumerable relatives and friends.
Today, California's 9th Congressional District salutes and honors
Mrs. Pinkie Parker Hardy. We extend our deepest condolences to her
family and children. Thank you for sharing her great spirit with so
many people over the last century. May her soul rest in peace.
____________________
A PROCLAMATION HONORING KERSHAL ZEHNDER FOR WINNING THE OHIO DIVISION
IV STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Kershal Zehnder showed hard work and dedication to the sport
of basketball; and
Whereas, Kershal Zehnder was a supportive team player; and
Whereas, Kershal Zehnder always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, That along with his friends, family, and the residents of
the 18th Congressional District, I congratulate Kershal Zehnder on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship he has
demonstrated during the 2007-2008 basketball season.
____________________
QUIANNE HOLMES
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Quianne Holmes, who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Quianne Holmes is a senior at Wheat Ridge
High School and received this award because her determination and hard
work have allowed her to overcome adversities.
The dedication demonstrated by Quianne Holmes is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Quianne Holmes for
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I
have no doubt she will exhibit the same dedication she has shown in her
high school career to her college career and future accomplishments.
____________________
THE 125TH ANNIVERSARY OF THE NATIONAL CRITTENTON FOUNDATION
______
HON. SHEILA JACKSON-LEE
of texas
in the house of representatives
Thursday, April 17, 2008
Ms. JACKSON-LEE of Texas. Madam Speaker, I ask my colleagues to join
me today in celebrating the 125th Anniversary of the National
Crittenton Foundation, an organization that supports empowerment, self-
sufficiency, and an end to cycles of destructive behaviors and
relationships for at-risk and system-involved girls, young women and
their families.
On this historic occasion, I am particularly honored to recognize the
ongoing contribution of one of the leading members of the Foundation's
Family of Agencies, DePelchin Children's Center in Houston, which
proudly serves my home district and other children and families from
across Texas.
DePelchin Children's Center has strong roots in our community. More
than 120 years ago, Charles Crittenton, the well-known American
philanthropist, visited Houston and inspired a group of local activists
to establish one of the country's first maternity homes, a refuge for
young unmarried mothers. In response to changing community needs, the
Crittenton Home significantly expanded its services over the years,
merging with DePelchin Children's Center in 1983.
Recognizing that a child's needs are best met in a family
environment, DePelchin Children's Center strives to strengthen the
lives of children and families by providing a continuum of services to
prevent and resolve social and emotional crises. Each year, the agency
provides more than 30 programs for over 26,000 vulnerable children and
families each year in multiple locations in Harris, Montgomery,
Brazoria, Galveston, Fort Bend and Waller counties. In addition to teen
parenting and independent living services, DePelchin offers foster
care, adoption, prevention, residential, and an array of other services
designed to meet its clients' complex needs.
The unique partnership between DePelchin Children's Center and The
National Crittenton Foundation is an additional strength for Houston's
children and families. This ongoing collaboration was and is based on
Charles Crittenton's and Dr. Kate Waller Barrett's belief that the most
effective way to address compelling national social issues was through
a network of affiliated independent, local organizations supported by a
national body.
I am proud of the work The National Crittenton Foundation and
DePelchin Children's Center continue to do on behalf of vulnerable
children and families across the state of Texas and across this nation.
I thank them for their commitment and wish them a strong and continued
partnership in the coming years.
____________________
HONORING THE NATIONAL CRITTENTON FOUNDATION
______
HON. ED PASTOR
of arizona
in the house of representatives
Thursday, April 17, 2008
Mr. PASTOR. Madam Speaker, I rise today to ask my colleagues to join
me in commemorating the 125th anniversary of the National Crittenton
Foundation and the Crittenton Family of Agencies. I do so because this
network of organizations deserves recognition for the profound role
they have played in allowing girls and young women to realize their
full potential.
In particular, I would like to draw attention to the Florence
Crittenton Services of Arizona in Phoenix. For more than a century,
this organization has provided valuable services, education and
community-based programs to help Arizona children and teens overcome
the issues of abuse, neglect, teen pregnancy and mental health
problems. Through its comprehensive network of services and support
systems, this organization provides a refuge where vulnerable youth,
ages 12 to 21, prosper from the assistance of a caring community and
discover the possibility of a bright new future in spite of their
challenging past experiences.
As society has experienced dramatic changes in the last 100 years,
the Phoenix home has changed too, but its goal of giving every girl it
serves safety, hope, and opportunity has remained constant. I commend
the Florence Crittenton board members, staff and volunteers for their
compassion and dedication to excellence, ensuring that their services
continue to grow to meet the needs of the girls it serves, and for
becoming one of the state's leading experts in gender-specific
services.
It is with great pride that I congratulate the Florence Crittendon
Services of Arizona and its nationwide community of Crittendon sister
organizations on their successful efforts to empower at-risk girls to
rise above the negative circumstances they have been exposed to and
[[Page 6395]]
become productive and self-sufficient citizens who understand the value
of always treating themselves and others with respect.
____________________
UPON INTRODUCTION OF THE WIRELESS INTERNET NATIONWIDE FOR FAMILIES ACT
OF 2008
______
HON. ANNA G. ESHOO
of california
in the house of representatives
Thursday, April 17, 2008
Ms. ESHOO. Madam Speaker, today Rep. Christopher Cannon and I
introduced the Wireless Internet Nationwide for Families Act of 2008
(WIN) which, if enacted, would foster the deployment of a new nation-
wide wireless broadband network.
By every measure, the U.S. is losing the international broadband race
and our competitiveness as a nation is at stake. More than 100 million
Americans do not have broadband at home. Seventy-one percent of Latinos
do not have broadband at home. Sixty-nine percent of Americans living
in rural areas do not have broadband. Sixty percent of African
Americans do not have broadband at home.
The high cost of internet access is a barrier for too many families
who want broadband. In just the last year, the average cost of a
broadband connection has risen $2 per month, or nearly five percent.
These troubling figures must change and that's why I've introduced the
WIN Act. This legislation mandates that the Federal Communications
Commission (FCC) auction certain spectrum that is currently lying
fallow.
The winner of the auction would be required to build and complete a
network within 10 years which must provide coverage to at least 95
percent of our country. The licensee would be required to provide
service for free to consumers and public safety users. The WIN Act also
requires the licensee to deny access to obscene and indecent material
on the free service tier.
The results of the 700 MHz auction disappointed many of us who hoped
that a new entrant would emerge. Seventy percent of the auctioned
spectrum went to only two carriers. While the auction required under
this legislation is open to anyone, it is my hope that the bold
conditions of requiring free, family friendly service will encourage
the entry of a new national broadband service provider.
The public airwaves are a national resource that should he utilized
to benefit the public. For far too long our nation's carriers have
stockpiled spectrum, gamed building-out requirements, and provided poor
service to consumers. This bill attempts to remind licensees that they
do not own the public waves in fee simple. As licensees, they hold
spectrum in a public trust. This is an agreement that obligates them to
utilize this spectrum in the public interest in exchange for their
exclusive control.
The Innovation Agenda made a commitment to spur affordable access to
broadband and this bill will go a long way to providing universal
broadband access. I encourage my colleagues to join me and Rep. Cannon
in support of this legislation.
____________________
IN MEMORY OF DOROTHY PRICE MOORE
______
HON. MIKE ROSS
of arkansas
in the house of representatives
Thursday, April 17, 2008
Mr. ROSS. Madam Speaker, I rise today to honor the memory of my dear
friend Dorothy Moore of Arkansas City, Arkansas, who passed away April
9, 2008, at the age of 97.
Dorothy Moore, affectionately known as ``Miss Dorothy'' to all that
knew her and throughout the state of Arkansas, was a tremendous woman
and an inspiration to everyone who called her a friend. Raised on her
family's farm in Southeast Arkansas during the Depression and the Great
Flood of 1927, she learned the importance of small town values such as
hard work, honesty, compassion for others, and reverence for all which
she exemplified throughout her life and were evident in all she did.
Faithful to her community, Miss Dorothy returned home to Arkansas
City after college to begin her lifelong career in public service. For
over two decades Miss Dorothy served as the Deputy Collector in the
Desha County Sheriff's Office while her husband, Robert S. Moore, held
the post of Sheriff. During this time she was the backbone of her
wonderful family as well as a trusted political advisor to her husband.
After her husband's life was tragically cut short, it was Miss Dorothy
who stepped in and completed the remainder of his term as Desha County
Sheriff--a role that was only fitting for a person dedicated to her
community and committed to public service.
After Miss Dorothy completed her time as Sheriff, her political
journey in Arkansas continued as she was selected by then-Governor Bill
Clinton to serve on his staff. Her friendly style and warm smile became
so contagious around the office that she was asked to continue working
for Arkansas's next two governors. Her numerous years spent working in
the Governor's office established her as a legendary figure in Arkansas
history.
Miss Dorothy was a great ambassador for Desha County and Southeast
Arkansas as she worked tirelessly to create a strong sense of community
in everything she did. I was truly honored and humbled to be able to
speak at Miss Dorothy's funeral, and I will always cherish the fond
memories I have of her. It is with great admiration and heartfelt
respect that I will remember a lady who was a mother figure to an
entire state, and whose class and dignity will always represent what
Southern Hospitality should be.
I send my deepest condolences to her daughter Dorothy Lee Moore Paige
and her husband David of Davis, California; her son State
Representative Robert S. Moore Jr. and his wife Beverly of Arkansas
City; and to her four grandchildren, six great-grandchildren and
numerous friends across the state. Miss Dorothy will be greatly missed
in Desha County and throughout the state of Arkansas, and I will
continue to keep her family in my thoughts and prayers.
____________________
A PROCLAMATION HONORING JOHN CALSON FOR WINNING THE OHIO DIVISION IV
STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, John Calson showed hard work and dedication to the sport of
basketball; and
Whereas, John Calson was a supportive team player; and
Whereas, John Calson always displayed sportsmanship on and off of the
court; now, therefore, be it
Resolved, that along with his friends, family, and the residents of
the 18th Congressional District, I congratulate John Calson on winning
the Ohio Division IV State Basketball Championship. We recognize the
tremendous hard work and sportsmanship he has demonstrated during the
2007-2008 basketball season.
____________________
ALIA SHEYA
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Alia Sheya, who has received the Arvada Wheat Ridge Service Ambassadors
for Youth award. Alia Sheya is a student at Drake Middle School and
received this award because her determination and hard work have
allowed her to overcome adversities.
The dedication demonstrated by Alia Sheya is exemplary of the type of
achievement that can be attained with hard work and perseverance. It is
essential that students at all levels strive to make the most of their
education and develop a work ethic that will guide them for the rest of
their lives.
I extend my deepest congratulations once again to Alia Sheya for
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I
have no doubt she will exhibit the same dedication and character to all
her future accomplishments.
____________________
IN RECOGNITION OF CARROLL SHELBY
______
HON. JOE KNOLLENBERG
of michigan
in the house of representatives
Thursday, April 17, 2008
Mr. KNOLLENBERG. Madam Speaker, I rise today to recognize Carroll
Shelby, a true visionary in the automotive industry, to honor his
receipt for the Automotive Industry Executive of the Year's Lifetime
Achievement Award.
Born January 11, 1923 in Texas, Carroll Hall Shelby served admirably
in the U.S. Air Force as a flight instructor and test pilot during
World War II. After his service with the military, Shelby began what
would become a
[[Page 6396]]
decorated and distinguished career as a professional automobile racer.
Named Sports Illustrated's Driver of the Year in 1956 and 1957. Carroll
Shelby was also inducted into both the International MotorSports Hall
of Fame and the Automobile Hall of Fame.
Mr. Shelby's influence on the racing world as a driver was only
exceeded by his impact as an automotive designer, securing his legacy
as an industry luminary through the many innovations and designs that
have shaped and reshaped the cars we drive today. Some of the most
beautiful and powerful cars ever made, including the Ford GT40, the
Ford Shelby Mustangs, and the Dodge Viper, are the product of his
vision and expertise.
Beyond his achievements in the automotive realm, Carroll Shelby has
demonstrated his compassion through his commitment to the Carroll
Shelby Children's Foundation, a charity he established to help children
in need of heart and kidney transplants. His work with this foundation
has helped many families and has fueled research that will help save
even more lives throughout the future.
Madam Speaker, I am proud to recognize the achievements and service
of Carroll Shelby. His many contributions to the automotive industry
and the country represent his commitment to excellence, and I wish
congratulations for receiving this prestigious award.
____________________
INTRODUCTION OF THE TEACHING AND RESEARCH ASSISTANT COLLECTIVE
BARGAINING RIGHTS ACT
______
HON. GEORGE MILLER
of california
in the house of representatives
Thursday, April 17, 2008
Mr. GEORGE MILLER of California. Madam Speaker, I am pleased to
introduce the Teaching and Research Assistant Collective Bargaining
Rights Act. This legislation will restore the right of graduate
assistants to organize and bargain for better wages and working
conditions under the National Labor Relations Act, NLRA.
Graduate assistants across this country have seen their workloads
dramatically increase in recent years. As many colleges and
universities try to cut costs they have relied on graduate students to
take on a larger role and more responsibility: They teach classes,
develop course curriculum, grade student papers, and provide
counseling. One reason for this trend is simple--graduate student
teachers are paid a fraction of what faculty earn. Confronted with this
economic reality, graduate assistants, many of whom have families to
support, have sought to exercise their right to organize and bargain
collectively for a better deal.
Right on cue, as it has done with millions of other workers, the Bush
NLRB quickly stripped away the right of graduate teaching students to
join a union and have a voice at the bargaining table. The National
Labor Relations Board's, NLRB, 2004 decision in Brown University
overturned prior precedent and found that graduate assistants are not
employees under the NLRA and therefore not afforded the rights and
protections of the Act. This decision has stripped away the right of
over 51,000 teaching assistants, research assistants and proctors to
bargain for better wages and working conditions at 1.561 private
universities.
Thousands of graduate assistants continue to light for the right to
join a union. At public universities in 14 States, graduate assistants
are already afforded the right to join unions. According to the
Coalition of Graduate Employee Unions, there are approximately 23
unions on more than 60 campuses in the United States, including the
University of Michigan, the University of Massachusetts, and the
University of California.
The Teaching and Research Assistant Collective Bargaining Rights Act
is simple. It will amend Section 2(3) of the NLRA to clarify that the
term ``employee'' includes any graduate student who is performing work
for compensation at the direction of the institution. As employees,
these workers would have the right to organize and bargain collectively
under the NLRA. This bill restores prior precedent. As the NLRA covers
only private sector workers, State schools are not affected by the
Brown University decision or this legislation.
The Teaching and Research Assistant Collective Bargaining Rights is
about fundamental fairness and justice. It will restore the right to
thousands of hardworking graduate employees to bargain for better wages
and working conditions. I urge all of my colleagues to support this
country's graduate teaching assistants and support this legislation.
____________________
HONORING 108 YEARS OF SILENT SERVICE
______
HON. JOE COURTNEY
of connecticut
in the house of representatives
Thursday, April 17, 2008
Mr. COURTNEY. Madam Speaker, last week, I had the honor of
participating in a wreath laying ceremony at the United States Navy
Memorial to mark the 108th anniversary of the submarine force. The
ceremony, held in front of the memorial's ``Lone Soldier,'' was a
moving tribute to the proud heritage of our submarine force and the
dedicated submariners who have silently protected our Nation for more
than 100 years. And, over the last weekend, I was proud to attend Naval
Submarine Base New London's annual submarine birthday ball.
For over a century, sailors have embarked on dangerous service in a
place where human life was never meant to exist in order to silently
protect our Nation. There is an irony to the fact that while our Nation
owes much of its security over the past century to the submarine force,
most Americans will never truly know all that the ``silent service''
has done to protect us.
2008 is an especially important year in the history of the submarine
force, as it marks the 50th anniversary of the USS Nautilus' (SSN-571)
journey across the North Pole in 1958, an unprecedented achievement by
our sailors at a critical time for our Nation. The men aboard her on
her historic journey set the pace for all those who followed in their
footsteps.
Much has changed about our submarine force and the role of our
submariners since the USS Holland (SS-1) first set sail in 1900. In
World War I and World War II, our submarines were not much more than
surface ships that could submerge for a short period before surfacing.
Yet, in very dangerous conditions and with high casualty rates,
submariners sank an estimated 6 million tons of enemy merchant ships
and sank nearly one-third of the Japanese Navy's warships. The cost of
their efforts were high: 52 submarines and over 3,600 men, at a rate of
nearly one in four, were lost in the war. But their sacrifice helped
bring us to victory and proved the submarine's role in the defense of
our Nation.
In the Cold War, submariners played a key role as a critical
strategic deterrent in our protracted struggle with the Soviet Union.
Silently patrolling in waters across the world, our attack and
ballistic missile submarine crews helped to secure an uneasy peace by
ensuring that we were ready to respond at any moment. There were no
victory medals when it was over, no parades for the countless young men
who served on these critical yet silent front lines, but there is no
doubt our Nation is forever indebted to them and the era they helped us
overcome.
And, as the Cold War ended and new challenges emerged, the modern
attack submarine fleet, consisting of the Los Angeles- and Virginia-
class, emerged as our Nation's front line defense Today, our
submariners are no less critical than the eras preceding us. We use
submarines extensively around the globe, using their stealth to
covertly gather intelligence briefed at the highest levels of our
government. They are adapting and growing to meeting the security
challenges of the 21st century, and every day they remind us that
submarines are, and will remain, at the core of our Nation's defense.
From the Holland, to the Nautilus, and to the newest boats in the
fleet, the USS North Carolina (SSN-777) and USS New Hampshire (SSN-
778), the capabilities and technologies on board may have changed
dramatically, but one thing has always stayed the same: The strength of
any submarine has always come down to those who command and serve
aboard her.
In my travels over the past year, I have met countless commanding
officers and sailors--many of them young men doing some of the most
important work on behalf of our security--who selflessly dedicate their
lives in dangerous service.
Our sailors serve in the harshest of conditions around the globe, on
long tours away from their families literally stacked on top of their
crewmates, often cut off from the rest of the world. They make up the
smallest portion of our Navy and their achievements are most often
secret. But, there is no doubt that each and every one of them loves
what they do on behalf of the security of our Nation.
Every submariner today serves upon the foundation built by those that
came before them. At the core of their service over the past century
has been a legacy is one of devotion,
[[Page 6397]]
bravery and innovation. Without a doubt, today's submarine force is
living up to that legacy and building one of their own for those who
come after them to follow.
This is an exciting time for the submarine force. It is a time of
great possibility and of new challenges. But, after spending time with
sailors in the mess hall of a submarine submerged below the ice to
building relationships with officers at the top of the chain of
command, I am confident that our submariners will continue the proud
legacy built by those who came before them.
I ask all my colleagues to join with me in extending our deep
appreciation to those who have, and continue to, silently serve our
Nation, their families, and to all our Armed Forces serving today
around the globe.
____________________
PERSONAL EXPLANATION
______
HON. JOHN CONYERS, JR.
of michigan
in the house of representatives
Thursday, April 17, 2008
Mr. CONYERS. Madam Speaker, I missed rollcall vote 200 yesterday,
Wednesday, April 16, 2008, as I was attending to other business in the
Capitol. Had I been present, I would have voted in the following
manner: ``Yes'' on motion that the Committee rise, H.R. 5715, the
Ensuring Continued Access to Student Loans Act.
____________________
IN SPECIAL RECOGNITION OF NORMAN M. WALKER IN CELEBRATION OF HIS
RETIREMENT AS CHIEF OF POLICE, CITY OF DEFIANCE, OHIO
______
HON. ROBERT E. LATTA
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. LATTA. Madam Speaker, I rise today to pay a very special tribute
to one of the truly outstanding individuals from Ohio's Fifth
Congressional District, Mr. Norman Walker. On Friday, April 18. 2008,
Norman Walker will retire after thirty years of service on the City of
Defiance's Police Department.
Over the last three decades, Norman Walker has certainly been an
indispensible asset to the City of Defiance and to the northwest Ohio
law enforcement community. His strong commitment to sound principles
and honest leadership has guided his nearly fifteen years of service as
Chief of Police. Mr. Walker's commitment to the law enforcement creed
of ``to serve and protect'' was instilled in him as he worked his way
through every rank in the Defiance Police Department. Without question,
Mr. Walker has given unselfishly of his time and talents in order that
the citizens of the City of Defiance might have a safe community in
which to work and raise their families.
Norman Walker embodies the spirit of American public service and
through his workman-style approach put his vision for a modern rural
police department into action to establish the City of Defiance's
police department as it model for the region. His dedication to
community-oriented policing has empowered not only his fellow officers,
but community residents as well, to play an active role in their own
safety and have a voice in how their police department can continually
provide better service to the residents of Defiance, Ohio.
Madam Speaker, it has often been said that America succeeds due to
the remarkable accomplishments and contributions of her citizens. It is
evident that Mr. Walker has devoted himself to the preservation of a
free and just society where the rule of law is respected by all who
call this great land their home. For that, we owe him a debt of
gratitude that mere words cannot sufficiently express.
Madam Speaker, at this time, I would ask my colleagues of the 110th
Congress to join me in honoring Norman Walker. On the occasion of his
retirement as the City of Defiance's Chief of Police, we thank him for
his dedicated service and we wish him well in all of his future
endeavors.
____________________
SHUMET DEMIE
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Shumet Demie who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Shumet Demie is a senior at Pomona High
School and received this award because her determination and hard work
have allowed her to overcome adversities.
The dedication demonstrated by Shumet Demie is exemplary of the type
of achievement that can be attained with hard work and perseverance. It
is essential that students at all levels strive to make the most of
their education and develop a work ethic that will guide them for the
rest of their lives.
I extend my deepest congratulations once again to Shumet Demie for
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I
have no doubt she will exhibit the same dedication she has shown in her
high school career to her college career and future accomplishments.
____________________
A PROCLAMATION HONORING ELIZABETH LIPPENCOTT FOR WINNING THE OHIO
DIVISION IV STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Elizabeth Lippencott showed hard work and dedication to the
sport of basketball; and
Whereas, Elizabeth Lippencott was a supportive team player; and
Whereas, Elizabeth Lippencott always displayed sportsmanship on and
off of the court; now, therefore, be it
Resolved, that along with her friends, family, and the residents of
the 18th Congressional District, I congratulate Elizabeth Lippencott on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship she has
demonstrated during the 2007-2008 basketball season.
____________________
PERSONAL EXPLANATION
______
HON. TIM MAHONEY
of florida
in the house of representatives
Thursday, April 17, 2008
Mr. MAHONEY of Florida. Madam Speaker, on April 17, 2008, I missed
votes because I was attending my daughter Bailey's equestrian event.
Bailey is competing today at the 2008 Varsity Equestrian National
Championship in Waco, Texas. She is a senior at Oklahoma State
University and has been a member of the OSU equestrian team since her
freshman year.
____________________
TRACY KRAUSE: PHYSICAL EDUCATION TEACHER OF THE YEAR
______
HON. DAVID G. REICHERT
of washington
in the house of representatives
Thursday, April 17, 2008
Mr. REICHERT. Madam Speaker. I want to congratulate Mr. Tracy Krause
being recognized as the National Physical Education Teacher of the
Year. The award was presented on April 11, 2008, at the National
Association for Sport and Physical Education (NASPE) Hall of Fame
Banquet. The NASPE is a non-profit professional membership association
that sets the standard for practice in physical education and sport.
Mr. Krause is a Physical Education teacher at Mount Tahoma Senior
High School. He has taught Physical Education for 15 years. His
contributions to physical education were recognized because of his
innovative approach to physical education and wellness. Rather than
just focusing on activities students can do on the track and in the gym
during that particular school day, Mr. Krause exposed students to a
lifetime of physical activity such as biking, hiking and climbing with
positive results and ever-increasing interest from students and
administrators. Mr. Krause takes responsibility for the lifetime
fitness of his students, not just the years they are enrolled in his
class.
Apart from his work at Tahoma High, Mr. Krause is a National Board
Certified Teacher who has presented numerous workshops and conferences
and supervises pre-service teachers at regional universities throughout
Washington State. The work he is doing to better the fitness level and
overall wellness of young people is a wonderful anecdote for relieving
pressure on an increasingly expensive health care system.
I again congratulate Mr. Tracy Krause for the recognition he received
from the NASPE, encourage him to continue in his important work and
thank him for the lives he has already permanently changed for the
better.
[[Page 6398]]
____________________
PERSONAL EXPLANATION
______
HON. ROBERT J. WITTMAN
of virginia
in the house of representatives
Thursday, April 17, 2008
Mr. WITTMAN. Madam Speaker, I was not present in the House chamber
for votes on April 3, 2008.
If I had been present, I would have voted ``yes'' on rollcall No.
159, a motion to recommit H.R. 4847, the United States Fire
Administration Reauthorization Act, with instructions to amend the bill
(forthwith) to provide liability protection to firemen that provide
inspection services or advice on the use of child safety seats to their
communities.
I would also have voted ``yes'' on rollcall No. 160, final passage of
H.R. 4847, the United States Fire Administration Reauthorization Act.
____________________
THE PASSING OF RINCON CHAIRMAN VERNON WRIGHT
______
HON. DARRELL E. ISSA
of california
in the house of representatives
Thursday, April 17, 2008
Mr. ISSA. Madam Speaker, I rise today to honor the life of Rincon
Band of Luiseno Indians Chairman Vernon Wright. Chairman Wright passed
away on Thursday, April 10, 2008, of liver cancer at the age of 53--far
too soon for a man that had so much left to give to his tribe and
community.
Born in San Diego, California to Vernon Hollis Wright and Beverly
Wright, Chairman Wright was a lifelong resident of the area. After
graduating from San Diego High School and Palomar College, he studied
at the Gemological Institute of America and operated a jewelry shop in
Escondido, California until becoming politically active with the Rincon
tribe in the 1990s.
In 2006, he was elected chairman of the 650-member tribe, after
serving as a council member and vice-chairman for several years. As
chairman, he did a number of good things for the tribe and surrounding
community. He worked hard over the years to heal internal strife that
dwelled within the tribe and helped to mend disagreements with the
Bureau of Indian Affairs. He also brought the community together
through his leadership and helped to usher in the tribe's current
economic success.
Not long before his passing, some tribal members had begun calling
him ``Chief,'' a title that hadn't been used on the reservation for
decades. This informal honor was appropriate for Chairman Wright,
because he worked tirelessly for the benefit of his tribe. Months
before his passing, he devoted countless hours and effort to helping
tribal members recover from the Poomcha Fire, which devastated the
Rincon reservation last year.
Chairman Wright was a good man, an honorable man, who was taken from
the world too soon and with much left to accomplish. While his passing
is a tragedy, he truly touched the lives of those around him, and the
Rincon Tribe has been left much better because of his leadership and
guidance. He will be remembered and missed.
____________________
CELEBRATING THE U.S.-KOREA FRIENDSHIP AND ALLIANCE
______
HON. DIANE E. WATSON
of california
in the house of representatives
Thursday, April 17, 2008
Ms. WATSON. Madam Speaker, it has been my privilege to represent
California's 33rd Congressional District with the largest number of
Korean American constituents in the Nation. The Korean Americans who
live in my district and other neighborhoods in Los Angeles--and, for
that matter, across the country--have made incalculable contributions
to American life and society.
My purpose in mentioning the Korean American community--which now
numbers more than 2 million people nationwide--stems from the arrival
this week of President Lee Myung-Bak of the Republic of Korea, who
comes to Washington to meet with President Bush, our congressional
leadership, senior government officials, business executives, and
Korean American leaders. I wish to take this opportunity to welcome
President Lee and wish him well as he makes his first official overseas
trip.
The United States and the Republic of Korea have shared a long and
successful alliance. South Korea is a key partner in the Six-Party
Talks aimed at assuring that North Korea does not develop and deploy
nuclear weapons that could create a strategic imbalance in northeast
Asia. The people of South Korea know better than anyone what the
consequences of a nuclear-armed North Korea could be.
South Korea and the United States have also been political,
diplomatic, and economic partners since the founding of the alliance
125 years ago. While our two countries were brought dramatically
together through the Korean War, which ended in an armistice 55 years
ago, we have worked together consistently in a much less dramatic way
since then.
For instance, South Korea and the United States are close business
partners with over $80 billion in annual bilateral trade volume. In
fact, South Korea is the seventh largest trading partner of the United
States. Goods and services move between our two countries on a daily
basis.
The pending U.S.-Korea Free Trade Agreement will not bring with it
just economic benefits, many of which were described in a recent study
released by the U.S. International Trade Commission, but also positive
geopolitical and geostrategic consequences.
Approving the U.S.-Korea Free Trade Agreement will strengthen our
relationship with one of our most important and indispensable allies in
Asia and give the United States a permanent economic foothold in the
most dynamic and fastest growing region in the world. This agreement
will also provide a counterbalance to China's emergence as a dominant
market player in that region and worldwide.
The Free Trade Agreement will complement the likely admission of the
Republic of Korea into the Visa Waiver Program, making it easier for
Korean travelers to visit the United States as tourists or as students,
or for business or family purposes. I can attest that many of my
constituents are looking forward eagerly to Korea's inclusion in the
Visa Waiver Program, which will bring with it many economic benefits
aside from--and in addition to--those benefits that will accrue from
the U.S.-Korea Free Trade Agreement.
Madam Speaker, I have just barely touched on the many important
issues that will be discussed this week while President Lee is in
Washington. The South Korean President's visit gives us a special
reason to address these topics, but it does not mean that the
conversation will end when he returns home. I know from experience that
my colleagues on the Foreign Affairs Committee's Subcommittee on Asia,
the Pacific, and the Global Environment will be exploring these issues
in depth in the weeks and months to come.
We welcome the opportunity to hear directly from President Lee his
own views and the views of his government on these matters that affect
both South Korea and the United States.
____________________
XIA LANIEL
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Xia Laniel who has received the Arvada Wheat Ridge Service Ambassadors
for Youth award. Xia Laniel is a student at Drake Middle School and
received this award because her determination and hard work have
allowed her to overcome adversities.
The dedication demonstrated by Xia Laniel is exemplary of the type of
achievement that can be attained with hard work and perseverance. It is
essential that students at all levels strive to make the most of their
education and develop a work ethic that will guide them for the rest of
their lives.
I extend my deepest congratulations once again to Xia Laniel for
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I
have no doubt she will exhibit the same dedication and character to all
her future accomplishments.
____________________
CHARLES HITCHBORN
______
HON. SAM GRAVES
of missouri
in the house of representatives
Thursday, April 17, 2008
Mr. GRAVES. Madam Speaker, it is with great pride and pleasure that I
rise today to recognize the outstanding service and leadership of Chuck
Hitchborn on the occasion of his retirement as Mayor of the City of
Smithville, Missouri.
Chuck served four years as Mayor of Smithville. Before that, he
served six years on the Smithville Board of Aldermen. In addition to
his service in Smithville, Chuck also served eight years as a city
council member in Arrowhead, Colorado. Chuck has been married to his
wife, Joan, for 57 years. Together they have two children, five
grandchildren, and ten
[[Page 6399]]
grandchildren with two more on the way. In his spare time, he is an
avid quilter and enjoys gardening. He gets his greatest enjoyment from
working with kids and supporting Smithville's local student
organizations and athletes.
Chuck has served the Smithville community in many other ways as well.
He has been a member and past President of the Rotary Club and is also
a current member of the Smithville R-II School District Foundation.
Some of Chuck's accomplishments include the downtown sewer replacement
project, the approval of Smithville Commons and the addition of the
veterans memorial in downtown Smithville.
Madam Speaker, I ask my colleagues to join with me in commending
Chuck Hitchborn for his dedicated service to the people of Smithville,
Missouri. I know Chuck's colleagues, family and friends join with me in
thanking him for his commitment to others and wishing him happiness and
good health in his retirement.
____________________
A PROCLAMATION HONORING JENNY HOSTETLER FOR WINNING THE OHIO DIVISION
IV STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Jenny Hostetler showed hard work and dedication to the sport
of basketball; and
Whereas, Jenny Hostetler was a supportive team player; and
Whereas, Jenny Hostetler always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, that along with her friends, family, and the residents of
the 18th Congressional District, I congratulate Jenny Hostetler on
winning the Ohio Division IV State Basketball Championship. We
recognize the tremendous hard work and sportsmanship she has
demonstrated during the 2007-2008 basketball season.
____________________
IN HONOR OF LEONARD M. CALABRESE
______
HON. DENNIS J. KUCINICH
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. KUCINICH. Madam Speaker, I rise today in honor of Leonard M.
Calabrese, who through his service to the Catholic Church of Cleveland
has dedicated his life to serving as a community organizer on behalf of
the poor, the vulnerable and the voiceless.
For over 20 years, Mr. Calabrese has served as executive director of
the Commission on Catholic Community Action (CCCA), the Social Action
Office for Catholic Charities Services, for the Diocese of Cleveland.
Prior to his appointment as executive director, Len served as a
volunteer board member for nine years. Founded in 1969, the CCCA works
to protect and promote human dignity through empowering the poor and
the often voiceless minority groups by promoting and ensuring their
full participation in society. Through his leadership at the
Commission, he is able to work with many other local organizations to
educate, mobilize and raise the consciousness of the community,
especially among Catholics.
Len Calabrese has a multifaceted background and a very impressive
record in serving our community. He was an associate professor for
several higher learning institutions such as John Carroll University,
University of Akron, Northwestern University and St. Mary Seminary. He
was also a consultant for several mayors and the Ohio Senate, and board
member for several institutions such as Cuyahoga County Public Library,
Immigrant Minority Business Alliance, The City Club of Cleveland and
the greater Cleveland Round Table of Civic Leaders, Greater Cleveland
Inter-Religious Task Force on Central America just to name a few.
I have had the opportunity and privilege to work closely with Len
Calabrese in a number of capacities. In the aftermath of the tragedy of
September 11, 2001, Len worked with the community at large to allay
fears expressed against immigrants. He has helped many newcomers from
abroad with his welcoming touch and his help with the necessary
networking to succeed in business. He represented the CCCA in the
Sustainable Communities Symposium and other collaborations with the
inner city and suburbs of Cleveland.
Len's talent to mobilize the community and to advocate for the social
welfare of others is manifested through his new position as president
of Caritas Connection, a nonprofit organization that works to connect
Catholic charities, health care, nursing homes and colleges. He will
also serve as director of Ministering Together, a national umbrella of
Catholic Charities USA, Catholic Health Care, the Association of
Catholic Colleges and Universities, National Catholic Education
Association and various organizations of the laity.
Madam Speaker and colleagues, please join me in recognition of
Leonard M. Calabrese, who has dedicated his life to serving his church
and the greater Cleveland community. Let his advocacy on behalf of the
welfare of others serve as inspiration for all those in pursuit of
social change.
____________________
ACKNOWLEDGING MARY KATE RIDGEWAY'S CONTRIBUTIONS TO TENNESSEE
AGRICULTURE
______
HON. JOHN S. TANNER
of tennessee
in the house of representatives
Thursday, April 17, 2008
Mr. TANNER. Madam Speaker, I rise today to recognize the
accomplishments of my friend Mary Kate Ridgeway, who recently began an
exciting new opportunity as director of the Henry County office of the
University of Tennessee Agriculture Extension Service. Her new position
will allow Mary Kate to continue more than 30 years of service to
family farmers in Henry County and across Tennessee.
Mary Kate is originally from Obion County. Her husband Don is deputy
director of the Northwest Tennessee Economic Development Council. Don
represented the 75th district in the Tennessee House of
Representatives, where he served with distinction as the Democratic
Caucus Chairman and Chairman of the House Transportation Committee.
Their son, John Penn, who several years ago worked in our Washington
office, and his wife Melissa have two children, Walker and Jackson.
With bachelor's and master's degrees in family and consumer science
education from the University of Tennessee at Martin, Mary Kate is also
active in other important organizations in our community, including as
secretary of Helping Hand Incorporated and co-chair of the Lifeline
blood board.
Madam Speaker, I appreciate you and our colleagues joining me as we
thank Mary Kate Ridgeway for her long service to the agricultural
community in west Tennessee and congratulate her on her new position as
county director for the University of Tennessee Agriculture Extension
program.
____________________
CELEBRATING THE 50TH ANNIVERSARY OF SKAGIT VALLEY HOSPITAL
______
HON. RICK LARSEN
of washington
in the house of representatives
Thursday, April 17, 2008
Mr. LARSEN of Washington. Madam Speaker, on April 9th, 1958, Skagit
Valley Hospital opened its doors and began a tradition of providing
high-quality healthcare to the residents of Northwest Washington. I
rise today to commend Skagit Valley Hospital on its 50th Anniversary
and thank the more than 1,200 employees, 250 physicians, 450 volunteers
and countless community supporters who continue to work to fulfill the
hospital's goal of being ``the best regional, community hospital in the
Northwest.''
Over the last fifty years, Skagit Valley Hospital has grown
dramatically and expanded the services it offers to patients. After
opening a 220,000 square foot expansion in June of 2007, the hospital
now boasts 137 beds, a Level III Trauma Center, and cutting-edge
Kidney, Diagnostic Imaging and Comprehensive Cancer Care Centers.
Most of Skagit Valley Hospital's facilities are located in Mount
Vernon, Washington, but in recent years the hospital has expanded
geographically to serve more families in rural and underserved areas.
Its Community Health Centers in Stanwood, Washington and Camano Island,
Washington bring healthcare services closer to patients who need them.
The fine work of Skagit Valley Hospital has been supported by the
generosity of both the Skagit Valley Hospital Foundation and the Skagit
Hospice Foundation. Together, these organizations have raised and
donated over $9 million to improve Skagit Valley Hospital and support
patients and their families.
For fifty years, Skagit Valley Hospital has been a pillar of our
community and the Northwest Washington healthcare system. Please join
me in celebrating the 50th Anniversary of
[[Page 6400]]
the Skagit Valley Hospital and thanking its dedicated staff for their
tireless efforts.
____________________
VALENTINA BROWN
______
HON. ED PERLMUTTER
of colorado
in the house of representatives
Thursday, April 17, 2008
Mr. PERLMUTTER. Madam Speaker, I rise today to recognize and applaud
Valentina Brown who has received the Arvada Wheat Ridge Service
Ambassadors for Youth award. Valentina Brown is a student at Wheat
Ridge Middle School and received this award because her determination
and hard work have allowed her to overcome adversities.
The dedication demonstrated by Valentina Brown is exemplary of the
type of achievement that can be attained with hard work and
perseverance. It is essential that students at all levels strive to
make the most of their education and develop a work ethic that will
guide them for the rest of their lives.
I extend my deepest congratulations once again to Valentina Brown for
winning the Arvada Wheat Ridge Service Ambassadors for Youth award. I
have no doubt she will exhibit the same dedication and character to all
her future accomplishments.
____________________
PAYING TRIBUTE TO ALAN P. MINTZ, M.D.
______
HON. JON C. PORTER
of nevada
in the house of representatives
Thursday, April 17, 2008
Mr. PORTER. Madam Speaker, I rise today to add to my tribute to Alan
P. Mintz, whose life I honored on June 27, 2007. Dr. Mintz, M.D. passed
away on June 3, 2007.
Born in Chicago, Alan P. Mintz graduated from the University of
Chicago and earned a doctor of medicine degree from the University of
Illinois--School of Medicine. Prior to his postgraduate training in
radiology, in which he later specialized, Dr. Mintz served as a
physician in the U.S. Navy. Dr. Mintz was a highly respected
professional in the field of radiology and served as a Diplomate of the
American Board of Radiology, was board certified in radiology, nuclear
medicine and radiation therapy, and was also appointed chairman of the
Department of Radiology for several Chicago-area hospitals.
Motivated by his passion for health and wellness, Dr. Mintz pioneered
a new medical specialty with his work in age management medicine. He
became famous within that field for his innovative ideas about the
relationship between declining levels of certain hormones and chronic
diseases associated with aging. Dr. Mintz pioneered the idea that
maintaining certain hormones within physiological ranges in combination
with exercise and a healthy diet can optimize wellness as people age.
Dr. Mintz cofounded and served as CEO and President of Medicon, Inc.,
the world's largest radiology management company. His inventive
thinking stimulated the creation of Cenegenics Medical Institute, the
largest age management medicine organization in the world. Although
headquartered in Las Vegas, Cenegenics Medical Institute has offices in
South Carolina, Florida, Hong Kong, and South Korea with service
reaching more than 12,000 patients.
Madam Speaker, I am proud to honor the life and memory of Alan P.
Mintz, M.D. Dr. Mintz lived his life according to his favorite maxim by
Henry David Thoreau, ``Go confidently in the direction of your dreams .
. . Live the life you have imagined.'' Dr. Mintz clearly fulfilled this
statement and will be missed by the many lives he touched.
____________________
CONGRATULATING THE STATE OF ISRAEL ON ITS UPCOMING 60TH ANNIVERSARY
______
HON. VITO FOSSELLA
of new york
in the house of representatives
Thursday, April 17, 2008
Mr. FOSSELLA. Madam Speaker, I rise today to congratulate the State
of Israel on the upcoming 60th anniversary of its founding and condemn
former President Carter's meetings with the terrorist leaders of Hamas.
It is odd that former President Carter would defend his meeting with
this terrorist organization as an opportunity to measure their
willingness to accept peace overtures. The founding charter of Hamas
calls for the destruction of Israel; this should be answer enough for
the former President. By acknowledging these leaders the former
President provides legitimacy to the terrorist actions committed
against the State of Israel.
For decades Israel and the United States have shared a strategic
partnership in developing technologies that save lives both on the
battlefield and in our hospitals.
Madam Speaker, for the past 60 years, Israel has been a bastion of
democracy in a region dominated by authoritarian regimes. As the only
country in the Middle East with free elections, free press, freedom of
religion, and the protection of minority rights, Israel continues to
uphold the values that make it a true Western-style democracy.
Madam Speaker, it gives me great pleasure to congratulate the State
of Israel on its upcoming 60th anniversary and I look forward to the
continued partnership between our two great nations. I hope our
colleagues will join me in offering our best wishes to our ally in the
Middle East for 60 more years of prosperity.
____________________
A PROCLAMATION HONORING ALLISON ROTH FOR WINNING THE OHIO DIVISION IV
STATE BASKETBALL CHAMPIONSHIP
______
HON. ZACHARY T. SPACE
of ohio
in the house of representatives
Thursday, April 17, 2008
Mr. SPACE. Madam Speaker:
Whereas, Allison Roth showed hard work and dedication to the sport of
basketball; and
Whereas, Allison Roth was a supportive team player; and
Whereas, Allison Roth always displayed sportsmanship on and off of
the court; now, therefore, be it
Resolved, that along with her friends, family, and the residents of
the 18th Congressional District, I congratulate Allison Roth on winning
the Ohio Division IV State Basketball Championship. We recognize the
tremendous hard work and sportsmanship she has demonstrated during the
2007-2008 basketball season.
____________________
CONGRATULATING DAWN DALLAIRE
______
HON. LYNN C. WESTMORELAND
of georgia
in the house of representatives
Thursday, April 17, 2008
Mr. WESTMORELAND. Madam Speaker, I rise today to congratulate Dawn
Dallaire from Georgia's 3rd Congressional District, the U.S. Small
Business Administration's 2008 Small Business Person of the Year for
Georgia.
Just five years ago, Dallaire started a specialty-soap business in
the garage of her Fayetteville home and produced $47,000 in revenues.
Today, her business, Clearly Fun Soap, has created local jobs and
projects annual revenues to reach near $3 million.
Like many inventors, Dallaire didn't start out intending to become
CEO of a company: she was simply making gifts for friends. She
perfected her ``goldfish in a bag''--which has become her signature
product in the U.S. gift market--and then branched out with new
designs.
Dallaire's fortunes took a fateful turn when she took her soap
products to a gift show in Florida. There, she took $5,000 worth of
orders and happy customers started coming back.
By 2005, Dallaire's soap business had bubbled beyond the garage. With
the help of a Small Business Administration Community Express Loan, she
opened a 5,000-square-foot facility in Griffin, another city in the 3rd
District. But the growth continued. Two years later, Clearly Fun Soap
upgraded to a 10,000-square-foot facility with 15 full-time employees,
with up to 35 part-time employees.
Clearly Fun Soap now dots the shelves at Bath & Body Works. Linens N
Things, Marshall's and TJ Maxx with accounts pending at other major
retailers. Soon, Dallaire will publish her book ``Being a Woman in
Business in a Man's World'' which chronicles both her business and
personal accomplishments--including losing 120 pounds.
Our small businesses are the economic engine of our economy and they
create over 75 percent of new jobs. Small business people such as
Dallaire are helping others as they help themselves. I want to
congratulate Dawn Dallaire on this distinguished award. It's truly a
great honor that reflects her truly great accomplishments. Georgia's
3rd District is proud to call her one of our own.
Madam Speaker, on behalf of the House of Representatives, I again
congratulate Dawn Dallaire, the Georgia Small Business Person
[[Page 6401]]
of the Year for 2008, and wish her and Clearly Fun Soap continued
success at ``cleaning up.''
____________________
HONORING THE LIFE AND SERVICE OF MR. ABE MUNFAKH
______
HON. THADDEUS G. McCOTTER
of michigan
in the house of representatives
Thursday, April 17, 2008
Mr. McCOTTER. Madam Speaker, today I rise to honor and acknowledge
Mr. Abe Munfakh upon his receipt of the Wayne 11th Congressional
District Republican Committee's 2008 Lifetime Achievement Award.
Throughout his career, Mr. Munfakh has dedicated himself to bettering
our community. He served on the Plymouth Township Board of Trustees for
12 years, Plymouth Community United Way Board for 8 years, and was a
member of the Southeast Michigan Council of Governments for 8 years.
Since 1984, Abe has been actively involved in promoting the
conservative principles of the Republican Party in Michigan. He
represented the State of Michigan at the 1992 National Republican
Convention as an Alternate Delegate. He has served on the Michigan
Republican State Committee since 2005 and is a member of the Outreach
and Diversity subcommittee and Budget subcommittee. He currently serves
on the Eleventh District and Wayne 11th Republican Committees.
Madam Speaker, Mr. Munfakh's legendary dedication to the founding
principles of our great democracy and his tireless efforts to
perpetuate America's revolutionary experiment in human freedom are an
inspiration to all. Today, I ask my colleagues to join me in honoring
Mr. Abe Munfakh upon his receipt of the 2008 Lifetime Achievement Award
and in recognizing his selfless service to our community and our
country.