[Congressional Record (Bound Edition), Volume 150 (2004), Part 13]
[House]
[Pages 18168-18171]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    AMENDING THE ORGANIC ACT OF GUAM

  Mr. RADANOVICH. Madam Speaker, I move to suspend the rules and pass 
the bill (H.R. 2400) to amend the Organic Act of Guam for the purposes 
of clarifying the local judicial structure of Guam.
  The Clerk read as follows:

                               H.R. 2400

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JUDICIAL STRUCTURE OF GUAM.

       (a) Judicial Authority; Courts.--Section 22(a) of the 
     Organic Act of Guam (48 U.S.C. 1424(a)) is amended to read as 
     follows:
       ``(a)(1) The judicial authority of Guam shall be vested in 
     a court established by Congress designated as the `District 
     Court of Guam', and a judicial branch of Guam which branch 
     shall constitute a unified judicial system and include an 
     appellate court designated as the `Supreme Court of Guam', a 
     trial court designated as the `Superior Court of Guam', and 
     such other lower local courts as may have been or shall 
     hereafter be established by the laws of Guam.
       ``(2) The Supreme Court of Guam may, by rules of such 
     court, create divisions of the Superior Court of Guam and 
     other local courts of Guam.
       ``(3) The courts of record for Guam shall be the District 
     Court of Guam, the Supreme Court of Guam, the Superior Court 
     of Guam (except the Traffic and Small Claims divisions of the 
     Superior Court of Guam) and any other local courts or 
     divisions of local courts that the Supreme Court of Guam 
     shall designate.''.
       (b) Jurisdiction and Powers of Local Courts.--Section 22A 
     of the Organic Act of Guam (48 U.S.C. 1424-1) is amended to 
     read as follows:
       ``Sec. 22A. (a) The Supreme Court of Guam shall be the 
     highest court of the judicial branch of Guam (excluding the 
     District Court of Guam) and shall--
       ``(1) have original jurisdiction over proceedings necessary 
     to protect its appellate jurisdiction and supervisory 
     authority and such other original jurisdiction as the laws of 
     Guam may provide;
       ``(2) have jurisdiction to hear appeals over any cause in 
     Guam decided by the Superior Court of Guam or other courts 
     established under the laws of Guam;
       ``(3) have jurisdiction to issue all orders and writs in 
     aid of its appellate, supervisory, and original jurisdiction, 
     including those orders necessary for the supervision of the 
     judicial branch of Guam;
       ``(4) have supervisory jurisdiction over the Superior Court 
     of Guam and all other courts of the judicial branch of Guam;
       ``(5) hear and determine appeals by a panel of three of the 
     justices of the Supreme Court of Guam and a concurrence of 
     two such justices shall be necessary to a decision of the 
     Supreme Court of Guam on the merits of an appeal;
       ``(6) make and promulgate rules governing the 
     administration of the judiciary and the practice and 
     procedure in the courts of the judicial branch of Guam, 
     including procedures for the determination of an appeal en 
     banc; and
       ``(7) govern attorney and judicial ethics and the practice 
     of law in Guam, including admission to practice law and the 
     conduct and discipline of persons admitted to practice law.
       ``(b) The Chief Justice of the Supreme Court of Guam--
       ``(1) shall preside over the Supreme Court unless 
     disqualified or unable to act;
       ``(2) shall be the administrative head of, and have general 
     supervisory power over, all departments, divisions, and other 
     instrumentalities of the judicial branch of Guam; and
       ``(3) may issue such administrative orders on behalf of the 
     Supreme Court of Guam as necessary for the efficient 
     administration of the judicial branch of Guam.

[[Page 18169]]

       ``(c) The Chief Justice of the Supreme Court of Guam, or a 
     justice sitting in place of such Chief Justice, may make any 
     appropriate order with respect to--
       ``(1) an appeal prior to the hearing and determination of 
     that appeal on the merits; or
       ``(2) dismissal of an appeal for lack of jurisdiction or 
     failure to take or prosecute the appeal in accordance with 
     applicable laws or rules of procedure.
       ``(d) Except as granted to the Supreme Court of Guam or 
     otherwise provided by this Act or any other Act of Congress, 
     the Superior Court of Guam and all other local courts 
     established by the laws of Guam shall have such original and 
     appellate jurisdiction over all causes in Guam as the laws of 
     Guam provide, except that such jurisdiction shall be subject 
     to the exclusive or concurrent jurisdiction conferred on the 
     District Court of Guam under section 22 of this Act.
       ``(e) The qualifications and duties of the justices and 
     judges of the Supreme Court of Guam, the Superior Court of 
     Guam, and all other local courts established by the laws of 
     Guam shall be governed by the laws of Guam and the rules of 
     such courts.''.
       (c) Technical Amendments.--(1) Section 22C(a) of the 
     Organic Act of Guam (48 U.S.C. 1424-3(a)) is amended by 
     inserting ``which is known as the Supreme Court of Guam,'' 
     after ``appellate court authorized by section 22A(a) of this 
     Act,''.
       (2) Section 22C(d) of the Organic Act of Guam (48 U.S.C. 
     1424-3(d)) is amended--
       (A) by inserting ``, which is known as the Supreme Court of 
     Guam,'' after ``appellate court provided for in section 
     22A(a) of this Act''; and
       (B) by striking ``taken to the appellate court'' and 
     inserting ``taken to such appellate court''.

     SEC. 2. APPEALS TO UNITED STATES SUPREME COURT.

       Section 22B of the Organic Act of Guam (48 U.S.C. 1424-2) 
     is amended by striking ``: Provided, That'' and all that 
     follows through the end and inserting a period.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Radanovich) and the gentlewoman from Guam (Ms. 
Bordallo) each will control 20 minutes.
  The Chair recognizes the gentleman from California (Mr. Radanovich).


                             General Leave

  Mr. RADANOVICH. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. RADANOVICH. Madam Speaker, I yield 3 minutes to the gentleman 
from Arizona (Mr. Flake).
  Mr. FLAKE. Madam Speaker, I thank the gentleman for yielding me this 
time.
  I am pleased that this bill that I introduced with the gentlewoman 
from Guam (Ms. Bordallo) is being considered on the floor today.
  Madam Speaker, in what currently poses a potential threat to self-
governance in the territory of Guam, the Guam legislature and the Guam 
executive branch currently have the power to abolish the Supreme Court 
of Guam, thus infringing on the judiciary's independence. This 
unintentional unequal balance of power was created by the 1984 Omnibus 
Territories Act, which authorized the creation of an appellate court on 
Guam. Unfortunately, this statute left the newly created court 
subordinate to the powers of the legislature and the executive.
  The possibility of removing judges if rulings are unpopular or 
abolishing the court and replacing it with one elected by the 
legislature would directly threaten the people of Guam's faith in their 
own courts and the democratic process. It is an unacceptable situation.
  This legislation remedies the potential constitutional crisis by 
making the Supreme Court of Guam a court equal in stature with the 
other branches of government and providing the Guam judiciary the same 
protection as the other two branches have in their status under the 
Organic Act of Guam.
  I had the unique opportunity to hear first hand many of Guam's 
political leaders express support for this legislation during our CODEL 
to the Pacific Islands earlier this year. I also have a constituent 
right around the corner from me who spends time on Guam, and he has 
educated me over the past couple of years to the potential problem here 
with this, and I am glad that we are moving through on it.
  I want to thank the leadership of the gentleman from California 
(Chairman Pombo) for moving this ahead and for his leadership on all 
other areas and concerns of our territories. And I want to thank the 
gentlewoman from Guam also for working hard on this.
  I urge adoption of this important legislation.
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  The gentlewoman from Guam (Ms. Bordallo) has introduced legislation 
that seeks to resolve issues of uncertainty surrounding the judicial 
branch and its powers in Guam. Her legislation, H.R. 2400, will amend 
the territory's Organic Act to clarify the structure of Guam's judicial 
branch. At this point I will allow the author to explain the bill.
  Madam Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, today we are considering legislation to amend the 
Organic Act of Guam to establish the Guam judiciary as the third co-
equal and independent branch of the government of Guam. Passing H.R. 
2400 is an important and necessary step in the exercising of Congress's 
plenary authority over the territories as granted in article IV of the 
United States Constitution. The bill is relatively straightforward and 
has the full support of all Guam's leaders.
  I introduced H.R. 2400 last year at the request of the chief justice 
of the Supreme Court of Guam and the chairman of the 27th Guam 
legislature's Committee on the Judiciary. The bill would empower Guam's 
judiciary by clarifying the territory's local judicial structure. In 
essence, H.R. 2400 would amend the Organic Act of Guam to vest the 
Supreme Court of Guam with authority over all inferior courts in the 
Guam judiciary, including the Superior Court of Guam and any such other 
lower courts as may be established by the laws of Guam.
  A quick understanding of the history and evolution of the local 
judiciary in Guam reveals the need for this legislation. Guam's Organic 
Act, passed in August of 1950, provided for the organization of the 
territorial government. Therein, the judicial branch of the Government 
of Guam was created, which consisted of a district court of Guam having 
the jurisdiction of a district court of the United States and 
designated as Guam's appellate court to hear appeals from the local 
court.
  In 1973, Guam's leaders made their first attempt at creating a 
Supreme Court of Guam, but that court's existence was short lived. The 
establishment of the first Supreme Court of Guam was ruled inorganic by 
the United States Supreme Court in the Territory of Guam v. Olsen. In 
rendering this decision, the United States Supreme Court held the 
Organic Act of Guam did not authorize the transfer of appellate 
jurisdiction from the Ninth Circuit Court of Appeals to a locally 
established appellate court.
  In 1984, in response to the United States Supreme Court decision, 
Congress amended the Organic Act of Guam through the passage of an 
Omnibus Territories Act, Public Law 98-454, and granted the Guam 
legislature the authority to establish a local appellate court. In 
1993, the Guam legislature exercised its authority and created the 
Supreme Court of Guam through passage of local law.
  However, in authorizing the creation of a Supreme Court of Guam, the 
Congress left the newly created court subordinate to Guam's other two 
branches of government. Guam's executive and legislative branches are 
established in the Organic Act of Guam, which in lieu of an adopted 
constitution serves to provide the framework and powers for the 
territory's executive and legislative branches.

                              {time}  1700

  As the current judicial structure is established in Guam law, it can 
be subject to manipulations based upon shifts in control of Guam's 
executive and legislative branches. Currently, the Guam

[[Page 18170]]

legislature and the Guam executive branch have the power to abolish the 
Supreme Court of Guam, and, as such, may infringe upon the judiciary's 
independence.
  H.R. 2400 would remedy this situation by making the Supreme Court of 
Guam an ``Organic'' court equal in stature to the other branches of 
government and providing the Guam judiciary the same protection as the 
other branches have in their status under the Organic Act of Guam. Just 
as the Governor cannot disband the legislature and the legislature 
cannot abolish the executive, so too should the judiciary be free from 
the threat of abolishment by the legislative or executive branches if 
their judicial decisions are found to be unpopular at any given point 
in time.
  Madam Speaker, judicial independence cannot and should not be taken 
for granted. As Guam's self-governance continues to advance, the legal 
rights of the people of Guam should not be left to the discretion of 
the political branches. As Alexander Hamilton wrote in The Federalist 
No. 78, ``There is no liberty if the power of judging be not separated 
from the legislative and the executive powers.''
  An independent judiciary is in its purest form accountable only to 
the rule of law, not other political actors. H.R. 2400 seeks to 
solidify such an independent judicial structure for the government of 
Guam in the Organic Act in the highest traditions of American 
federalism.
  The version of the legislation we are considering today, Madam 
Speaker, is in the same form as reported out by the Committee on 
Resources in the 107th Congress. This bill has evolved since it was 
first introduced in the 105th Congress by my predecessor, former 
Congressman Robert Underwood, as the Guam Judicial Empowerment Act, and 
in its current form reflects improvements suggested by the U.S. 
District Court of Guam and the Committee on Resources.
  I urge my colleagues to support this bill to amend the Organic Act of 
Guam in recognition of the importance of having a strong judiciary and 
in furtherance of Guam's efforts to achieve the greatest amount of 
self-governance possible.
  Madam Speaker, I include for the Record a letter from the Governor of 
Guam, the Honorable Felix P. Camacho, in support of establishing Guam's 
judicial branch in the Organic Act of Guam; a resolution from the 27th 
Guam Legislature urging passage of H.R. 2400; and a resolution in 
support of the bill from the Judicial Council of Guam.

                               Office of the Governor of Guam,

                                       Hagatna, Guam, May 7, 2004.
     Hon. Madeleine Z. Bordallo,
     Congresswoman, House of Representatives,
     Washington, DC.
       Dear Madeleine: This letter is written in reference to H.R. 
     2400, a bill to amend the Organic Act of Guam for the 
     purposes of clarifying the local judicial structure of Guam.
       I stated in previous testimony in reference to a similar 
     bill introduced by your predecessor in the 107th Congress, 
     ``I certainly support the independence of all branches of 
     government, inclusive of the judicial branch of Guam.'' As 
     the Chief Executive of our Territory, I certainly appreciate 
     our tri-partite form of government which was crafted by the 
     founders of our great nation and unanimously adopted by the 
     states of our union. I fully recognize that the effectiveness 
     of our system of government, both on the federal and local 
     level, rests in checks and balances. To this end, I recognize 
     that the judicial branch of our Territory, like our executive 
     and legislative branches, must be ``constitutionally'' 
     established or in our case, have an ``Organic'' existence 
     with similar powers to govern, reorganize, manage and account 
     for its branch with judicial independence founded under our 
     U.S. Constitution. To the extent H.R. 2400 furthers this 
     principle, I am supportive of your efforts and the assistance 
     of your colleagues.
       My personal preference is for our tri-partite structure of 
     government to be established in a Guam Constitution. Further, 
     the specifics of the internal operation of our judicial 
     branch should be established locally. However, I am cognizant 
     that since I submitted my previous testimony to Congress on 
     this issue, local law affecting the Guam judiciary has 
     changed. In addition, until Guam adopts its own constitution, 
     the Organic Act functions as Guam's de facto constitution. 
     For these reasons, I support your efforts to establish Guam's 
     judicial branch in our Organic Act.
           With Warm Personal Regards,
                                                 Felix P. Camacho,
     Governor of Guam.
                                  ____


               I Mina'Bente Siete na Liheslaturan Guahan

         2004 (Second) Regular Session--Resolution No. 139 (LS)

       As amended on the Floor.
       Introduced by: v.c. pangelinan; F.R. Cunliffe; R. Klitzkie; 
     T.R. Muna Barnes; F.B. Aguon, Jr.; J.M.S. Brown; C. 
     Fernandez; Mark Forbes; L.F. Kasperbauer; L.A. Leon Guerrero; 
     J.A. Lujan; J.M. Quinata; R.J. Respicio; Toni Sanford; Ray 
     Tenorio.
       Relative to amending the Organic Act of Guam for the 
     purpose of clarifying the local judicial structure of Guam.
       Be it resolved by I Mina'Bente Siete na Liheslaturan 
     Guahan:
       Whereas, in our island's quest to achieve greater self-
     governance, the United States Congress amended the Organic 
     Act of Guam in 1984 authorizing the Guam Legislature to 
     reorganize the island Judiciary and establish an appellate 
     court for island residents; and
       Whereas, from 1984 to 1992, bi-partisan legislators, 
     executive and judicial branch officials, legal practitioners 
     and the community-at-large contributed to preparing draft 
     legislation which culminated in the passage of Public Law 21-
     147, the ``Frank G. Lujan Memorial Act'' that reorganized the 
     island's Judicial Branch, creating the Supreme Court of Guam 
     as the island's highest appellate court and establishing it 
     as the administrative head of the island Judiciary; and
       Whereas, since 1996 when the Supreme Court of Guam was 
     first empanelled in accordance with the provisions of Federal 
     and local law, the island's high court and the Judiciary has 
     been subjected to frequent legislative changes eroding the 
     independence of the Guam Judiciary; and
       Whereas, in reaffirming the original intent of local and 
     Federal lawmakers who sought to create a supreme Court of 
     Guam with the Supreme Court as the head of the island 
     Judiciary, the Twenty-Seventh Guam Legislature, I Mina Bente 
     Siete Na Liheslaturan Guahan, passed Public Law 27-31, ``An 
     Act to Reorganize the Judiciary as the Third Co-Equal and 
     Independent Branch of the Government of Guam . . .'' in 
     October 2003; and
       Whereas, Public Law 27-31 and similar local legislation can 
     be amended or repealed at any time, thus further threatening 
     the independence of the Guam Judiciary; and
       Whereas, local legislators, officials, and resident alike 
     believe that absent a Guam Constitution, an amendment to the 
     Organic Act is needed to firmly establish the Judicial Branch 
     of Guam, with the Supreme Court of Guam at its head, as a 
     separate, co-equal and independent branch within the 
     government of Guam; and
       Whereas, H.R. 521 was introduced in the 107th Congress, 
     heard by the House Committee on Resources and favorably 
     reported and recommended to the House of Representatives by 
     unanimous consent; and
       Whereas, the 107th Congress soon thereafter expired with no 
     further action on the measure; and
       Whereas, H.R. 2400, the successor bill to H.R. 521 was 
     introduced by Guam's Congresswoman Madeleine Z. Bordallo; and
       Whereas, H.R. 2400 seeks to ensure through an amendment to 
     the Organic Act, the independence of the Guam judiciary and 
     to maintain the judicial branch as a separate and co-equal 
     branch of government, now, therefore, be it
       Resolved, That I Mina Bente Siete Na Liheslaturan Guahan 
     does hereby, on behalf of the people of Guam, respectfully 
     request the United States Congress to expeditiously and 
     favorably pass H.R. 2400 to amend the Organic Act recognizing 
     the Supreme Court of Guam as the highest court of Guam and to 
     firmly establish the Judicial Branch as a separate, co-equal 
     branch within the government of Guam; and be it further
       Resolved, That the Speaker certify, and the Legislative 
     Secretary attest to, the adoption hereof and that copies of 
     the same be thereafter transmitted to the Honorable Madeleine 
     Z. Bordallo, Member of Congress, U.S. House of 
     Representatives; to the Honorable Richard Pombo, Chairman, 
     House Resources Committee; to the Honorable Pete Domenici, 
     Chairman, Senate Energy and Natural Resources Committee; to 
     Attorney Joaquin C. Arriola, Jr., President of the Guam Bar 
     Association; to the Honorable F. Philip Carbullido, Chief 
     Justice, Supreme Court of Guam; and to the Honorable Felix P. 
     Camacho, I Magalahen Guahan.
       Duly and regularly adopted by I Mina'bente Siete na 
     Liheslaturan Guahan on the 23rd day of April, 2004.
       vincente (ben) c. pangelinan, Speaker.
       TINA ROSE MUNA BARNES, Senator and Legislative Secretary.
                                  ____


                Judicial Council Resolution No. JC04-008


   RELATIVE TO SUPPORTING AN AMENDMENT TO THE ORGANIC ACT OF GUAM TO 
              CLARIFY THE LOCAL JUDICIAL STRUCTURE OF GUAM

       Whereas, the Organic Act of Guam as it was originally 
     drafted, did not authorize the establishment of a local 
     appellate court;
       Whereas, in 1977 the Guam Legislature's first attempt to 
     create a Supreme Court of Guam was struck down by the United 
     States Supreme Court because the Organic Act did not so 
     authorize the Legislature;
       Whereas, in 1984, the United States Congress amended the 
     Organic Act of Guam to

[[Page 18171]]

     authorize the Guam Legislature to create a local appellate 
     court;
       Whereas, bi-partisan legislators, executive and judicial 
     branch officials, legal practitioners and the community-at-
     large worked together to create Public Law 21-147, the Frank 
     G. Lujan Memorial Court Reorganization Act of 1992, which re-
     organized the Judiciary, created the Supreme Court of Guam as 
     the island's highest appellate court and established it as 
     the administrative head of the Judicial Branch;
       Whereas, in 1996 the Supreme Court of Guam was empaneled in 
     accordance with the provisions of the Frank G. Lujan Memorial 
     Act;
       Whereas, the Supreme Court of Guam has since been subjected 
     to frequent legislative changes, stripping it of 
     administrative authority over the Judicial Branch thereby 
     eroding the independence of the Guam Judiciary and 
     compromising the traditional tri-partite democratic system of 
     government;
       Whereas, in reaffirming the original intent of local and 
     federal lawmakers who sought to create a Supreme Court of 
     Guam with the Supreme Court as the head of the island 
     Judiciary, the Twenty-Seventh Guam Legislature passed Public 
     Law 27-31 ``An Act to Reorganize the Judiciary as the Third 
     Co-Equal and Independent Branch of the Government of Guam . . 
     .'' in October 2003;
       Whereas, since November of 2003, the Supreme Court of Guam 
     has taken its rightful role as the head of the Judicial 
     Branch;
       Whereas, since November of 2003, the newly composed 
     Judicial Council has aggressively striven to unify the 
     judiciary and improve the administration of justice in Guam;
       Whereas, Public Law 27-31 and similar local legislation can 
     be amended or repealed at any time, thus further threatening 
     the independence of the Guam Judiciary;
       Whereas, local legislators, officials and residents alike 
     believe that, absent a Guam constitution, an amendment to the 
     Organic Act is needed to firmly establish the Judicial Branch 
     of Guam, with the Supreme Court of Guam at its head, as a 
     separate, co-equal and independent branch within the 
     Government of Guam;
       Whereas, on April 23, 2004 the Twenty-Seventh Guam 
     Legislature, with near unanimous bi-partisan support, passed 
     a resolution supporting and requesting the United States 
     Congress to amend the Organic Act of Guam to establish the 
     Supreme Court as the highest court of Guam and establish the 
     judiciary as a separate and co-equal branch of government;
       Whereas, H.R. 2400, amending the Organic Act of Guam to 
     establish the Supreme Court as the highest court in Guam to 
     protect the independence of the Guam judiciary and to 
     maintain the Judicial Branch as a separate and co-equal 
     branch of government, was introduced by Congresswoman 
     Madeleine Z. Bordallo.
       Now, therefore be it resolved, that the Judicial Council of 
     Guam hereby respectfully requests the United States Congress 
     to expeditiously and favorably pass H.R. 2400 to amend the 
     Organic Act recognizing the Supreme Court of Guam as the 
     highest court of Guam and to firmly establish the Judicial 
     Branch as a separate, co-equal branch within the government 
     of Guam; and
       Be it further resolved, that the Judicial Council of Guam 
     hereby respectfully requests the support of the Governor and 
     the continued support of the Legislature for the passage of 
     H.R. 2400; and
       Be it further resolved, that copies of this Resolution be 
     provided to the Honorable Madeleine Z. Bordallo, member of 
     the U.S. House of Representatives, the Honorable Richard 
     Pombo, Chairman, House Resources Committee, the Honorable 
     Pete Domenici, Chairman, Senate Energy and Natural Resources 
     Committee, Mr. Joaquin C. Arriola, Jr., President of the Guam 
     Bar Association, the Honorable Felix P. Camacho, the Governor 
     of Guam and the Honorable Vicente C. Pangelinan, Speaker of 
     the Guam Legislature
       Duly adopted this 30th day of April, 2004 at a duly noticed 
     meeting of the Judicial Council of Guam.
       Chief Justice F. Philip Carbullido, Charman, Date: May 6, 
     2004.
       Attest:
       Julie M. Lujan-Torres, Secretary, Date: May 6, 2004.

  In closing, Madam Speaker, I want to thank my colleagues who have 
cosponsored this legislation to establish an independent and coequal 
judiciary in Guam, including my good friend, the gentleman from Arizona 
(Mr. Flake), who has taken an active interest in this legislation and 
has traveled to Guam; the gentleman from Montana (Mr. Rehberg); the 
gentleman from California (Mr. Gallegly), the former chairman of the 
Subcommittee on Insular Affairs; the gentleman from Hawaii (Mr. 
Abercrombie); the gentleman from American Samoa (Mr. Faleomavaega); the 
gentlewoman from the Virgin Islands (Mrs. Christensen); and the 
gentleman from Puerto Rico (Mr. Acevedo-Vila).
  I appreciate their support in this effort, as well as the support of 
the gentleman from California (Chairman Pombo), the chairman of the 
Committee on Resources, who has done a great deal to see that this 
legislation was put forward, and the gentleman from West Virginia (Mr. 
Rahall), our ranking member. Their leadership in shepherding H.R. 2400 
to this point in the process is also appreciated, and I thank them for 
their support as well.
  Madam Speaker, I yield I urge unanimous passage of this bill.
  Madam Speaker, I yield back the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I urge adoption of this bill, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Blackburn). The question is on the 
motion offered by the gentleman from California (Mr. Radanovich) that 
the House suspend the rules and pass the bill, H.R. 2400.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________