[Congressional Record (Bound Edition), Volume 154 (2008), Part 17]
[Issue]
[Pages 22977-23392]
[From the U.S. Government Publishing Office, www.gpo.gov]




[[Page 22977]]

                          VOLUME 154--PART 17

                   SENATE--Monday, September 29, 2008

           (Legislative day of Wednesday, September 17, 2008)
  The Senate met at 11 a.m., on the expiration of the recess, and was 
called to order by the Honorable Jim Webb, a Senator from the 
Commonwealth of Virginia.
                                 ______
                                 

                                 prayer

  The Chaplain, Dr. Barry C. Black, offered the following prayer:
  Let us pray.
  God of compassion, You watch the ways of humanity and weave out of 
challenging happenings wonders of goodness and grace. Surround our 
lawmakers with Your presence on this critical day of decision. Lord, 
decisions made today will have far-reaching consequences, so more than 
human wisdom is needed. Thank You for being on Capitol Hill, providing 
the guidance our Senators so desperately need. Permit our lawmakers to 
hear Your unmistakable whisper, advising them regarding the road they 
must take. Give them a confident trust in Your leading as You work in 
everything for the good of those who love You.
  Lord, transform our national challenges into opportunities for You to 
manifest Your sovereign power. We pray in Your great Name. Amen.

                          ____________________




                          PLEDGE OF ALLEGIANCE

  The Honorable Jim Webb led the Pledge of Allegiance, as follows:

       I pledge allegiance to the Flag of the United States of 
     America, and to the Republic for which it stands, one nation 
     under God, indivisible, with liberty and justice for all.

                          ____________________




              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Byrd).
  The legislative clerk read the following letter:

                                                      U.S. Senate,


                                        President pro tempore,

                               Washington, DC, September 29, 2008.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Jim Webb, a Senator from the Commonwealth of Virginia, to 
     perform the duties of the Chair.
                                                   Robert C. Byrd,
                                            President pro tempore.

  Mr. WEBB thereupon assumed the chair as Acting President pro tempore.

                          ____________________




                   RECOGNITION OF THE MAJORITY LEADER

  The ACTING PRESIDENT pro tempore. The majority leader is recognized.
  Mr. REID. Mr. President, I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The 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 ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                                SCHEDULE

  Mr. REID. Mr. President, following the remarks of the two leaders, we 
will proceed to a period of morning business until noon today. Senators 
are allowed to speak for up to 10 minutes each, and the time will be 
equally divided and controlled between the two leaders or their 
designees.
  At noon, the Senate will consider the Amtrak and rail safety 
legislation. The Republican leader will control the time from 12 until 
12:15, and I will control the time from 12:15 to 12:30. At 12:30, we 
will have a vote to concur in the House amendment to the Senate 
amendment to the rail safety legislation.
  There will be a 1:30 Democratic caucus, and we are going to talk, of 
course, about the Emergency Economic Stabilization Act. So I ask 
unanimous consent that the Senate recess from 1:30 p.m. until 2:30 p.m. 
while I conduct that conference.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                 UNANIMOUS-CONSENT REQUEST--H.R. 7060.

  Mr. REID. Mr. President, one of the issues we have to address this 
morning--I have talked here on the floor and I have talked in press 
conferences about this--is how difficult it has been to get the energy 
and business tax extenders. It has been very difficult. We have had 
nine votes to get where we are--nine votes spread over a period of 
months. Finally, with the work of a number of Senators--principally 
Senators Baucus and Grassley, and two other members of the Finance 
Committee, Senators Cantwell and Ensign--we have worked to put together 
a package, and it is delicately put together.
  I have tried to explain to my House colleagues how difficult it is 
for me to accept what they have sent us. They have broken this up and 
said: Hey, look, this is what we want, and you should take it.
  Mr. President, I am going to ask unanimous consent now--they sent us 
one part of the thing we sent over to them, and that is the tax 
extenders, both the energy tax extenders and the business tax extenders 
in one package, and that is what I am going to ask consent about; that 
this matter I have just acknowledged, H.R. 7060, which is just as I 
have explained it--the Renewable Energy and Job Creation Tax Act is 
what they call it--which was received from the House, that the bill be 
read three times and passed and the motion to consider be laid upon the 
table with no intervening action or debate.
  Remember, out of the package they sent, they broke this up and sent 
us the tax extenders--the energy and business tax. I ask unanimous 
consent that matter be accepted.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Mr. KYL. Mr. President, reserving the right to object, and I will 
object, but I would like to make a brief statement.
  The Senate and House are on the verge of a very historic action to 
deal

[[Page 22978]]

with the crisis in our economy, an action that would not have been 
possible if Democrats and Republicans had not worked together and had 
worked with the administration. In the Senate, over the last several 
months, we have had the same kind of work with respect to the unanimous 
consent request that has just been made. We tried, each of us in our 
partisan ways, to get something passed that we could send over to the 
House of Representatives that deals with the so-called tax extenders--
the energy extenders and AMT relief. What we found was that neither 
side could prevail if we tried to do it our way.
  As the majority leader has said, we had something like nine separate 
votes, I believe. We finally concluded that the only way we could, for 
the good of our constituents, extend these important tax provisions and 
fix the AMT was to have a series of votes which expressed the will of 
the Senate, work together to pass in a bipartisan way legislation that 
we would then send to the House of Representatives. Democrats and 
Republicans in the Senate agreed that the legislation represented by 
the consent agreement is an important priority for the American people, 
and that is why we approved this bipartisan package by an overwhelming 
vote of 93 to 2. But before the package received the overwhelming 
approval, the energy tax extenders failed as a stand-alone bill, as I 
said, nine times.
  The Senate has spoken clearly. This legislation will pass the Senate 
if it receives a vote in the same packaged form that passed by the vote 
of 93 to 2. It is the path we must continue to follow. The majority 
leader has made that point, the minority leader has made that point, 
and I reiterate that point again to our colleagues in the House of 
Representatives. For that reason, I object to the request that has been 
made.
  The ACTING PRESIDENT pro tempore. Objection is heard.
  The majority leader.
  Mr. REID. Mr. President, I have served in the House of 
Representatives. My friend, the distinguished Senator from Arizona, has 
served in the House of Representatives. I understand the House. I loved 
my experience in the House, but their rules of engagement are different 
than ours. And if it were up to me, I would accept this in a second. I 
think it is fine. But, Mr. President, I don't have that ability here. I 
do not have the strength and the power legislatively and procedurally 
that they have in the House.
  The House is like the British Parliament. If you are in the majority 
there, you can get a lot of things done that we can't being in the 
majority here. And my majority is extremely slim; it is 51 to 49 when 
everybody is here. Many days, I am in the minority.
  So I just beg my House colleagues to understand that this isn't 
something we are trying to surprise them with. It has taken me this 
long to get here. The ability to get here has been long and hard. And 
we are not trying to pull anything over on the House.
  Mr. President, for us, as a congressional body, House and Senate, to 
approve this legislation would be historic--long-term tax credits for 
renewable energy, creating thousands and thousands of jobs. For the 
first time in a long time, we are extending the business tax credits 
for 2 years. The business community, small businesses and big 
businesses, is elated over that because we have given them 1-year 
extensions time and time again.
  In this legislation, there is some really good stuff. There is mental 
health parity, there is something that every State west of the 
Mississippi will benefit from--the State of Nevada, as an example. We 
have been cheated for years because the law is, if you have Federal 
properties there to take away from your tax base, then the Federal 
Government should help. And they have helped but not very much. Eighty-
seven percent of the State of Nevada is owned by the Federal 
Government. The legislation we have sent to the House removes some of 
the unfairness in that.
  So I just tell my friends from the House of Representatives, we can't 
do this. We can't do it. You send us over these things piece by piece; 
we can't get it done. The reason we were able to get AMT done was 
because it was part of a package. So I say to my colleagues: I wish we 
had more votes and we could just run over you, like they do in the 
House, but we can't do that. I wish we could do what we thought was 
right on this side of the aisle and not worry about you, but we can't 
do that.
  In the House of Representatives, this matter will get 250, 300 votes. 
This will pass overwhelmingly in the House. This is bipartisan 
legislation.
  I hope my friends who are part of the Blue Dog caucus would 
understand. We are not trying to embarrass them or embarrass anyone 
else. We believe things should be paid for. We look forward to working 
with them in time to come.
  I say, I wish we were not going to spend $700 billion. I wish we 
weren't going to spend $60 billion, unpaid for, on the AMT, but that is 
where we are. I hope my friends in the House will understand we are 
doing the best we can.
  Senator Kyl said it twice, I said it three times, it took us nine 
votes to get where we are. If we leave this Congress without having 
done this, it doesn't speak well of this Congress.
  The ACTING PRESIDENT pro tempore. The Senator from Montana is 
recognized.
  Mr. BAUCUS. Mr. President, first, I regret the Senate is unable to 
take up and pass this legislation. We all know how important it is.
  The problem here now is that the Senate has demonstrated the limit of 
what it can do and what it cannot do. The Senate has now demonstrated 
it cannot pass the tax extender bills. This cannot be done. I want to 
follow on what the leader said. This is not a matter of embarrassing 
anybody. Sometimes our good friends in the other body think we are 
trying to embarrass them. This is not a matter of trying to embarrass 
anybody. It is a matter of trying to get some good public policy passed 
here for our country in these closing days of the Congress. We are 
talking about energy incentives to help make us more independent from 
OPEC; mental health, trying to get a mental health parity bill finally 
passed, which clearly is important for obvious reasons.
  Then the awful words are ``tax extenders.'' It helps America be 
competitive--the research and development tax credit to help kids get 
to school. This is very simple stuff. It is very basic stuff.
  I think some of our colleagues and friends on the other side think we 
are trying to stuff them, trying to embarrass them, it is partisan. 
This is not a matter of embarrassing anybody. This is not a partisan 
matter. This is an American matter--do something for America. If we go 
back too far in the weeds, some of our colleagues will say: Gee, we 
have this $700 billion fiscal relief bill and doesn't that add too much 
to the deficit.
  I don't know if it will. It is not like passing a $700 billion 
appropriations bill. This is an authorization. It is similar to the so-
called Chrysler bailout, the so-called New York bailout, where 
taxpayers made money on the deal.
  If I were a Blue Dog, I wouldn't get too worried about the big 
pricetag. The main point is we need to get this passed now. It is very 
modest. Next year is another year and we can deal with all kinds of 
issues we all want to deal with, but for the good of the country I very 
much say to my colleagues across in the other body on the other side: 
Please don't miss this opportunity. Please do what is right. Let's pass 
this bill before you leave town because not to do so would not be a 
responsible thing to do. It must be passed over there.
  It is a Senate bill we are sending over. That is the only responsible 
way out of this difficult situation we are in. Nothing is perfect. 
Nobody gets everything. But we have demonstrated now that the House-
passed bills here cannot pass. That has been demonstrated by the 
objection we just heard. It cannot pass. The only solution then is to 
take up the bills which were worked in a compromise with the Republican 
Members here and Blue Dogs over there; insofar as the extender, 2 
years, only 1 year paid for. That is the compromise

[[Page 22979]]

and it seems to me that is pretty fair compromise. It seems to me the 
House should take it up--I hope they do--and do the right thing.
  Mr. REID. Mr. President, while the chairman is here and the assistant 
Republican leader, the mark of the Blue Dogs is on what we have done in 
this Congress. We struggled because of the Blue Dogs insisting, and 
rightfully so, on paying for different things. The chairman of the 
Finance Committee will remember the difficult time we had on SCHIP, and 
that was because of the mark of the Blue Dogs, wanting to make sure we 
paid for what we did. It is not as if we ignored them; we tried to 
follow their lead because their cause is a righteous cause. They want 
this Government to start paying for things and stop running up the 
deficit. We look forward to working with them in the future.
  Mr. BAUCUS. As the leader said, we did end up paying for the 
children's health insurance.

                          ____________________




                       RESERVATION OF LEADER TIME

  The ACTING PRESIDENT pro tempore. Under the previous order the 
leadership time is reserved.

                          ____________________




                            MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Under the previous order, there 
will now be a period for the transaction of morning business until 12 
noon, with Senators permitted to speak for up to 10 minutes each, with 
the time equally divided between the two leaders or their designees.
  The Senator from Tennessee is recognized.

                          ____________________




                            THE PAULSON PLAN

  Mr. ALEXANDER. Mr. President, over the weekend bipartisan 
congressional negotiators worked hard to amend significantly what we 
have come to call the Paulson plan. The whole point of the work over 
the weekend--since last Thursday, in fact--was to do everything we 
could to protect taxpayers. We owe our thanks to Senators Gregg and 
Dodd and Senators McConnell and Reid, as well as Members of the House 
of Representatives and the administration and their staffs for working 
hard, sometimes during most of the night, to have this ready for us 
today. Actually, it was ready yesterday and was posted on the Internet 
so that not only we, but people across this country and around the 
world, could see what was proposed.
  Under the amended plan, the Secretary of Treasury will have authority 
to buy and sell troubled mortgage assets to get the economy moving 
again. Taxpayers will have authority to provide oversight, minimize 
losses, and make sure profits go to reduce the Federal debt. There will 
be restrictions on excessive executive compensation and reasonable 
efforts will be made to make adjustments to help keep people in their 
homes.
  People have been calling my office all week about it, as they have 
all Senators. They are angry about the need to do this. I am angry, 
too. But callers' opinions have been changing about whether we should 
do it, as I believe have the minds of most Senators.
  Most realize that the largest reason for this emergency legislation 
is mortgage loans that people cannot pay back and securities based upon 
those mortgages. This has derailed housing and created problems for 
banks. It has spread uncertainty and caused people with cash to be 
cautious.
  Most realize now that we are not spending $700 billion. The Secretary 
may buy up to $700 billion in troubled mortgage assets--enough to 
restore confidence--but he may buy much less. Over time, he will sell 
those assets, hopefully at a profit, sometimes at a loss. My guess--and 
it is only a guess--net cost to the taxpayer will be $100 billion or 
less, two-thirds of what Congress spent in January on the economic 
stimulus package of tax cuts and rebates. There might even be a profit, 
which under the plan, would go to reduce the Federal debt.
  Most now realize it is important for the Secretary of Treasury to be 
able to buy enough mortgage assets so that institutions are strong 
again, will start lending again, and people will stop hoarding their 
cash. Next week we can fix the blame. Today we need to fix the problem.
  Congress should approve the amended plan without delay--today. If the 
House can pass it today, there is no reason why the Senate cannot pass 
it today and send it to the President. Otherwise, there is a real risk 
that credit will freeze and Americans will not be able to get car, 
student, auto, mortgage, or farm credit loans--or even to cash their 
paychecks.
  This has come so fast and taken such an unexpected turn that it is 
hard for most Americans to know what to think about it. As Senator 
Domenici and Senator Gregg have suggested, think about it as a wreck on 
the highway.
  Think about it as someone who should have known better, dumping 
thousands of bad mortgage loans and other assets in the middle of an 
eight-lane interstate, threatening to bring a halt to all economic 
traffic. Stopped in one lane is your home loan. In the next is your 
auto loan. In the third lane is your student loan. In the next is your 
mortgage loan. Next, your money market account. Next, the money for 
your farm credit loan or even your payroll check.
  Vehicles carrying these essential credits that Americans rely on 
every day have ground to a halt on the economic highway, blocked by a 
big pile of bad mortgage loans. So we end up with this massive wreck in 
the middle of the economic highway.
  Think of the Federal Government as the salvage crew and Secretary 
Paulson as the driver of the wrecker. His job is to buy the salvage and 
get it off the highway as soon as possible so that traffic can start 
moving again.
  And think of yourself, the taxpayer, as the owner of the salvage 
company--doing everything possible to make sure the driver of the 
wrecker can get the pile of bad loans off the highway and sell them for 
at least as much as it cost him to pick them up. If he does this, then 
the lanes will open again, and the vehicles carrying your auto and 
mortgage and farm credit loans and payroll checks will start moving 
again. And the economic traffic will start up again. But that will not 
be the end of fixing the problem.
  The Federal Government's compassion several years ago got out ahead 
of its common sense when it made it possible for people to borrow money 
and buy homes who couldn't pay back their mortgage loans. Clever 
financiers created exotic instruments based upon these loans, some of 
which turned out to be worth less than the loans. People who should 
have known what was going on--both in their own companies and in 
regulatory agencies--didn't understand what was going on or they turned 
a blind eye to it, or worse, they misled people.
  As the New York Times described it yesterday in an article, what 
apparently has happened is that mortgage foreclosures set off questions 
about the quality of debts across the entire credit spectrum. These 
questions set off a spiral of claims against insufficient insurance, as 
in the case of AIG, and of insufficient capital in the case of banks. 
So we end up with this massive wreck in the middle of the economic 
highway.
  This week--today--we need to fix the immediate problem. Clean the 
wreck off the highway. But next week we need to begin to take steps to 
remodel our regulatory agencies--most of which were designed to deal 
with the calamities of the 1930s. I suspect it will be a matter of a 
different kind of regulation that suits these times rather than one of 
more regulation. And we need to find out if there was fraud or 
misleading actions so we can do our best to make sure this doesn't 
happen again.
  Next week we can fix the blame. Today we should unclog the economic 
highway and fix the immediate problem to make sure Americans can buy 
homes and cars and houses, go to college, get farm credit loans and 
cash their payroll checks.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Illinois is 
recognized.

[[Page 22980]]



                          ____________________




                                 AMTRAK

  Mr. DURBIN. Mr. President, at 12:30 today the Senate will consider a 
procedural motion to go to the Amtrak reauthorization bill. I am urging 
my colleagues on both sides of the aisle to support it.
  For a long time Amtrak has been a question mark in Washington--will 
it survive? Do we need it? It will survive if we have the will to 
support it. The question whether we need it has been answered 
convincingly. All across the United States, not just in the northeast 
corridor, in my State of Illinois, Amtrak has become an affordable 
alternative for people who cannot afford to pay for gasoline for their 
cars. Amtrak ridership is higher now than it has been for decades in 
Illinois. It is very difficult for a person in my State to get a 
reservation for a seat on an Amtrak train. Clearly it is a popular 
means of transportation and in demand. Friends of mine who tried to 
travel from downstate to Chicago say unless you think weeks in advance 
to make a reservation, you can't get on the train--and of course I 
think that is the wave of the future, and a good one. More and more 
people taking this affordable alternative are leaving their cars behind 
and are leaving congestion and pollution behind. That is a positive 
development.
  But we cannot have an Amtrak moving forward that serves the needs of 
America without an authorization bill. The last time we passed an 
Amtrak authorization bill into law was in 1997. It has been 11 years 
since we passed an authorization and, as a result, this agency has been 
languishing, surviving from year to year, lurching from one inadequate 
budget to the next, trying to stay alive. The Amtrak trains you see on 
the tracks today are rolling stock that is pretty ancient by travel 
standards.
  By travel standards, it has been around 20, 30, 40 years. It has been 
pushed to the limit. Now we need it more than ever, and we need to pass 
this authorization bill.
  Our leader on the Democratic side is Senator Lautenberg. Frank 
Lautenberg of New Jersey has really made a name for himself in the 
field of transportation during his service in the Senate, and he has 
worked so hard to make sure Amtrak moves forward in the 21st century.
  We need to pass this authorization bill today. This bill does so many 
things that are absolutely essential: increases capital grants to 
Amtrak so it can start rebuilding its trackage, making sure it is safe 
and that trains can move faster so they can have better ontime 
performance.
  They also develop State passenger corridors. Illinois has a terrific 
program and a lot of demand for expansion of Amtrak. Downstate, we now 
have three different corridors: St. Louis to Chicago, Quincy to 
Chicago, and the route that runs through Champaign and Carbondale. But 
we have requests from northern Illinois, Rockford, Galena, into 
Dubuque, IA. We have requests from Chicago to the Quad Cities and into 
Iowa, even farther. All of these communities begged me for the 
opportunity for Amtrak service.
  Many of these same communities have been coming to Congressmen and 
Senators over the years asking for air service. They still want it, but 
they are realistic in realizing short-haul service is now better served 
by passenger rail or at least can be supplemented with passenger rail, 
and so they are asking for that alternative too. We need to expand that 
opportunity around the United States.
  If you want to order a new Amtrak train and cars, get on a waiting 
list in Canada or Europe. We don't make many, if any, here in the 
United States. That has to change too. With Amtrak with a clear and 
bright future, I believe there can be more investment in capital in 
Amtrak here in the United States. I would like to see facilities in my 
State of Illinois or some adjoining State building the train cars we 
need for the future instead of heading off to Canada or Europe and 
trying to bid for them.
  We also have to come to a better relationship with the freight 
railroads. You see, with very few exceptions, Amtrak doesn't own the 
railroad track, the freight railroads do, and there was a long-standing 
agreement that Amtrak would have priority to move passengers over that 
freight rail track. Well, of course, that means Amtrak is at the mercy 
of dispatchers who will put a loaded passenger train on a siding or a 
passing track and let it sit for long periods of time waiting for a 
freight train. That is not the way it is supposed to work. The 
passenger rail, Amtrak, is supposed to have priority. In this bill, we 
give the Surface Transportation Board the ability to take a look and 
see if the freight railroads are discriminating against Amtrak in terms 
of service and whether damages should be awarded.
  Finally, after all of these years, we put some teeth into the 
enforcement of a law that has been on the books for a long time saying 
that the freight railroads have to work to give the passenger rails 
this kind of opportunity. This is an important piece of legislation, 
long overdue. It has been held up for so many years, and it is so 
important that we do it now.
  We believe, as I think most Americans do, that high-speed rail is 
part of our future. It is not just a nostalgic view of the past with 
passenger trains; it is part of our future as well.
  This bill has important investments in Amtrak, important improvements 
when it comes to rail safety.
  One of the provisions in this bill will require, over time, that they 
put on the engines of trains what they call positive train control. 
What that means is we would have avoided the accident in Los Angeles 
that killed people recently. When a train would approach a red light, 
the engineer would have to give a positive force to change the train or 
it would automatically shut down and slow down. So it really creates a 
safety measure that could have saved lives in California and will save 
lives across America if it is instituted. That and several other things 
here will make a big difference in passenger service.
  I hope this bill gets a strong bipartisan rollcall of support. I know 
there are Republicans who feel strongly, as I do, that this is an 
important step forward for the 21st century for passenger service on 
trains for Americans and that Amtrak is part of America's future.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from New Mexico.
  Mr. DOMENICI. I know we don't have a lot of time, so I will try, if 
it is all right, to ask for 5 minutes. Is somebody controlling our time 
here?
  The ACTING PRESIDENT pro tempore. Without objection, the Senator is 
recognized.

                          ____________________




                            ECONOMIC BAILOUT

  Mr. DOMENICI. Let me thank the distinguished Senator from Tennessee, 
Lamar Alexander, for his eloquent remarks here this morning. I would 
say to anyone who wants to try to understand the situation we are in, 
in terms that everybody can see and feel, they ought to read his 
speech.
  I also thank him because he used a metaphor I developed with some of 
my staff to try to explain this, and he has added to it and amplified 
it. He has taken the idea that we came up with in my office--I asked my 
staff to sit down with me and talk, and the only thing we could think 
of about the clogging of this passageway was a word that didn't sound 
as though it was a very good word to use, which was ``constipation.'' I 
said: Could we not think of some metaphor that is better than that?
  After 20 minutes or so, the idea came forth of a superhighway, with 
four or six lanes loaded with cars traveling at full speed, 65, 70 
miles an hour, and then there was a crash that took all lanes and 
stopped all of them and the cars piled up for miles back.
  As the good Senator from Tennessee, a wonderful friend of mine, has 
gone on from that simple beginning I just described to analogize the 
entire problem we have, that accident where--these cars that are all 
cracked up are the toxic assets we are buying. They are toxic because 
they are all broken down, they are not worth anything anymore, and we 
are going to buy them. That is why we are setting up this rescue fund.

[[Page 22981]]

When we buy them, eventually get them, all of the cars will be loosened 
from that long 20, 30 miles that they are blocked by this accident, 
which is the toxic assets, but it is really the cars stopping movement. 
And then he went on to explain what all those cars were, because so 
many people think this is Wall Street. This rescue plan is not Wall 
Street. Some of the large institutions that hold this paper that is 
clogging the highway, some of them are in New York, but we read today 
that some of them are in Europe. So we should understand that it is 
where the money moves, where the money comes from, and as it moves out 
into our country, to the hinterland, that is where the problem is 
because these assets, these cars that end up in a wreck, these toxic 
assets, were purchased by banks and institutions all over the country 
and all over the world, apparently. Some countries bought a lot of 
them, from what is coming out now, and their banks are having the same 
kinds of problems thousands of miles away from the United States.
  So we are going to be called upon as Senators to decide whether we 
want to rescue this American financial system which was the greatest 
delivery system for money that the world has ever seen. The reason we 
live in such high prosperity with so many material things of wealth, so 
much wealth that is material, from the number of houses--you might own 
two of them--from cars to appliances to everything that is there, it is 
financing; it is the financial system that is so magnificent in America 
that permits all of that to happen. And it is breaking down. We better 
rescue it if we can or look what we will be saying to our people: We 
are unable, in the worst kind of crisis as it pertains to the material 
wealth of our country, with that breaking down in front of our eyes, so 
that as my friend the Senator from Tennessee said, the things we want 
to have--will not be available. In essence, we will be a country that 
is bankrupt. You do not know where the money will be, you do not know 
what notes and instruments will be valid, you do not know who will 
deliver money to whom, and you will have a literal fiscal mess, a 
literal financial money mess.
  Fix it or be charged with letting it break down. Vote for this and 
fix it. Do the rescue plan or walk out of here as a Senator who can 
claim no victory, can claim they didn't see fit----
  The ACTING PRESIDENT pro tempore. The Senator's 5 minutes has 
expired.
  Mr. DOMENICI. I ask unanimous consent for 1 additional minute
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. DOMENICI. That they didn't see fit to lend their vote to a rescue 
plan of this type. And I believe, no matter how much guff you are 
getting from your constituents, no matter how much they are talking to 
you on the phone and in letters and other ways, you have to explain it 
to them right and then you have to vote what is right for the United 
States. That is why we are here.
  Now, some will say: It is easy for you, Domenici; you are leaving the 
Senate after 36 years. But I hope that I could tell you that in my 
mind, I can carry back and say: I have only been here 12 years and I am 
still going to stay here, and I would vote this way if I were a Senator 
who had to go back and try to run again. It is unequivocal that my 
responsibility is to produce a rescue plan, and I hope the House passes 
it soon, and I hope our majority leader sees fit to call it up soon--
sooner rather than later. With each day, more damage is being done here 
and around the world.
  I think we are lucky to have two good people managing the affairs of 
the United States, and I want to close on that note. We could certainly 
have had leaders in the Treasury and in the Federal Reserve who were 
not as good as ours on this subject, and that is helpful because most 
of us who are studying this can go back to our offices and then talk to 
our families and our constituents and say: We are understanding it, and 
we think we are being dealt the right information and a good plan.
  With that, I once again thank Senator Lamar Alexander, my good 
friend, for his excellent speech this morning. I say to anybody who 
wants to understand it, read it--to understand our problem, read it. I 
thank him for using a little bit of my thinking in his speech. Once 
again, thank you.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Connecticut.

                          ____________________




                          TRIBUTE TO SENATORS

  Mr. LIEBERMAN. Mr. President, while the Senator from New Mexico is on 
the floor, I want to, one, thank him for his characteristically lucid 
and honorable put-the-national-interest first statement and also to say 
that I gather, this afternoon, colleagues will be coming to the floor 
to pay tribute to some who are not running again, as Senator Domenici 
is not running. I have to go to Connecticut to join my family for a 
celebration of Rosh Hashanah right after the vote, so I wish to take 
this moment to thank Senator Domenici for his extraordinary service and 
to say to him what an honor and a pleasure it has been. Sometimes it is 
an honor to work with some people but not a pleasure; sometimes it is a 
pleasure and not an honor. With you, it has been both.
  You just spoke to our responsibility to our country in this economic 
crisis, and you spoke from your inner characteristically American core 
of optimism, that we have the best financial system in the world and we 
have every reason to be optimistic, but we are really in a crisis. To 
me, that is the kind of service you have given our country. And you are 
a characteristic American story because your family does not go back to 
the Mayflower, as we used to say in my family, like yours. Your family 
came from Italy to this country, and they gave you a love for this 
country, a confidence that if you worked hard and used the abilities 
God gave you, there was no limit to how far you could go.
  Like so many others, you have served your country with extraordinary 
honor and effect across a wide range of subject areas. I think 
particularly of the great work you have done in trying to regularize 
and make orderly and efficient and responsible our budget process; from 
that kind of nuts-and-bolts dollars-and-cents to the passionate 
advocacy you have given for equal treatment in our insurance system for 
those who need assistance from our medical system for mental illness, 
to treat mental illness exactly as physical illness.
  So, Senator Domenici, it has been an honor to serve with you. If I 
may get a little ethnic, which you and I usually do, I would say, in 
leaving the Senate this year, you are following in the footsteps of 
another great Italian-American hero whom I grew up admiring in a 
different field of endeavor, Rocky Marciano. Remember, Rocky retired 
undefeated, and you are too.
  Mr. DOMENICI. It has always been a pleasure working with you and 
being with you, and I wish you the very best. I know you are heavily 
involved in another kind of campaign and you are doing something very 
difficult, and I know you must go through difficult times even though 
you are enthusiastic about what you are doing. That must be difficult 
because it is, in fact, very different, and you choose these situations 
and you handle them well.
  I compliment you, wish you the very best, and hope after the 
Presidential election, whatever happens, you come back and have a very 
good life in the Senate.
  Mr. LIEBERMAN. I thank my friend.
  I offer thanks and best wishes to other colleagues who are leaving--
Senators Allard, Hagel, and Craig.
  I particularly wish to say a word about a colleague of the occupant 
of the chair, Senator Warner of Virginia. Senator Webb was kind enough 
to ask me to join him in a tribute to John Warner, and I wish to say a 
few words about him because our lives have intersected so much in 
service here.
  I begin by quoting another great Virginian, Thomas Jefferson, who, 
when he arrived in Paris as U.S. Minister to France--what we would now 
call an Ambassador--presented himself to the French Minister of Foreign 
Affairs.

[[Page 22982]]

The French Minister of Foreign Affairs asked Jefferson, because he was 
replacing Benjamin Franklin:

       Do you replace Monsieur Franklin?

  Jefferson replied:

       I succeed him. No one can replace him.

  I would say of another great Virginian, John Warner, that no one can 
replace John Warner. He is a Senator's Senator, a patriot, a true 
servant of our country and of his beloved State, the Commonwealth of 
Virginia, all of which will be forever grateful for his lifetime of 
service and dedication.
  Senator Warner began his service to our country at the age of 17. Let 
me say, generally, without revealing his exact age, that would be more 
than 60 years ago. He enlisted in the U.S. Navy during World War II. In 
1950, at the outbreak of the Korean war, he interrupted his studies of 
law to return to Active military duty. Similar to so many who served 
our country in that period--and I meet them all the time in 
Connecticut, particularly World War II veterans, the ones, for 
instance, whose families will call and say: My dad or my grandfather 
thinks he may have been entitled to a medal, but he never got it--they 
rushed back after the war to return to their families and to their 
work. We check the records. In almost every case, in fact, these 
veterans of World War II deserve medals. In almost every case, when we 
give them to them, as I have had the honor to do on many occasions, the 
veterans of World War II will say: I didn't want this for myself. I 
wanted it for my grandchildren. Then they almost always say: I am no 
hero, I am an ordinary American called to serve our country in a time 
of crisis.
  The truth is, these veterans and those who followed them in 
succeeding conflicts, including the distinguished occupant of the 
chair, may each think of themselves as ordinary Americans but, in fact, 
together they have protected America's security, saved our freedom. 
Those veterans of World War II defeated the threats of fascism and 
Naziism. Think about what the world would be like if our enemies in 
World War II had triumphed and think about the extraordinary period of 
progress and economic growth that followed after the successful 
conclusion of World War II.
  John Warner was part of that. His service continued. In 1969, he was 
appointed Under Secretary of the Navy. From 1972 to 1974, he served as 
Secretary of the Navy. Throughout the rest of his career, including his 
long, distinguished, and productive service on the Senate Armed 
Services Committee, John Warner has shown unwavering support for the 
men and women of the Armed Forces and, of course, in a larger sense, 
unwavering support for the security of America and the ideal of freedom 
which was the animating impulse and purpose that motivated Jefferson 
and all the other Founders to create America, a country created on an 
ideal, with a purpose, with a mission, with a destiny. John Warner has 
always understood that. The fact that he is a Virginian is part of that 
understanding.
  It has been my great honor to serve with John Warner in the Senate, 
particularlyon the Armed Services Committee, where over the years I 
have come to work with him. Senator Warner is a great gentleman, a word 
that can be used lightly but belongs with Senator Warner, a person of 
personal grace, of civility, of honor, of good humor, someone who in 
his service here has always looked for the common ground. As all of us 
know, when we make an agreement with John Warner, even on the most 
controversial circumstance, his word sticks. He keeps the agreement, no 
matter how difficult the political crosscurrent may be. He has had an 
extraordinary record of productive service to America and to Virginia.
  One of the things I cherish is that in 1991, after Saddam Hussein's 
invasion of Kuwait, I was asked to join with Senator Warner in January 
of 1991 to cosponsor the resolution which authorized the Commander in 
Chief to take military action to push Saddam Hussein and Iraqi forces 
out of Kuwait which they, of course, did successfully, heroically, and 
with great effect on the stability and future of the Middle East. It 
turned out that in 2003, when it came time again for the Senate to 
decide whether we were prepared to authorize yet another Commander in 
Chief to take military action to overthrow Saddam Hussein--and I don't 
need to talk about the causes for which we argued for that case--
Senator Warner asked me if I would join him again as a cosponsor. It 
was a great honor for me to do that, and it passed overwhelmingly with 
a bipartisan vote.
  In a very special way, notwithstanding this kind of work and work we 
did together, for instance, to establish the Joint Forces Command, 
located in Norfolk, VA, to make real the promise of joint war fighting 
that was inherent to the Goldwater-Nichols legislation but was not 
quite realized, I worked with Senator Warner and Senator Coats, a 
former colleague from Indiana, to accomplish that.
  Fresh in my mind and expressive of the range of John Warner's 
interest and of his commitment to the greater public good was the fact 
that at the beginning of this session of Congress, he sought to become 
the ranking member of the Subcommittee on Climate Change of the 
Environment Committee, which I was privileged to about to be chair of. 
We talked about the problem. John didn't, as this challenge to mankind 
has taken shape, rush to the front of it. He was skeptical. He 
listened. He read. He concluded the planet is warming, that it 
represents a profound threat to the future of the American people, 
people all around the globe, and that it represents a threat to our 
national security, which has been the animating, driving impulse of his 
public service. We talked and decided to join together. I call it the 
Warner-Lieberman Climate Security Act; he calls it the Lieberman-Warner 
Climate Security Act, which is a measure of the relationship we have 
had and his graciousness. Without his cosponsorship, we would not have 
gotten it out of subcommittee, first time ever. We wouldn't have gotten 
it out of the Environment Committee, first time ever reported favorably 
on this important challenge to the Senate floor. We wouldn't have been 
able to achieve the support of 54 Members of the Senate, the first time 
a majority of Members of the Senate said we have to do something about 
global warming, including our colleagues, Senator McCain and Senator 
Obama, which means the next President will be a proactive leader and 
partner with Congress in the effort to do something about climate 
change. It wouldn't have happened without the support of John Warner, a 
final extraordinary act of leadership by this great Senator.
  He has a lot of great years left in him. I hope we can find a way for 
him to continue to be part of the work all of us have to do: One, to 
keep our country secure--and there is no one with more expertise and a 
more profound commitment to that--and, two, to get America to assume 
its proper leadership role in the global effort to curb global warming.
  He is a dear friend, a great man. It has been a wonderful honor to 
serve with him. I pray he and his wife and all his family, beloved 
children and grandchildren, will be blessed by God with many more good 
years together.
  The ACTING PRESIDENT pro tempore. The time of the majority has 
expired.
  Mr. LIEBERMAN. I ask unanimous consent for an additional moment.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.

                          ____________________




                              THE BAILOUT

  Mr. LIEBERMAN. Mr. President, I wish to say how pleased and, frankly, 
relieved I am that the negotiators have reached an agreement on the 
economic rescue plan for our country. I found, as people began to be 
terribly anxious, justifiably, around our country, about their life 
savings, about their businesses, about their jobs, I was getting two 
messages from the public. One was their fear that we would not act to 
rescue our economy and them, and then their second fear was about what 
we would do to rescue our economy and

[[Page 22983]]

them. The negotiators have both come up with a plan that will rescue 
our economy, will protect our taxpayers. In it, I am proud to say, is a 
proposal somewhat similar to one that Senator Cantwell and I put 
forward for a 9/11-type commission to review the regulations of our 
financial institutions, to reform them so we learn from this crisis 
and, to the best of our ability, we make sure it never happens again.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from South Dakota.

                          ____________________




                             TAX EXTENDERS

  Mr. THUNE. Mr. President, we are at a place, in terms of the 
legislative calendar, where there are lots of things piled up and not 
much time to get them done. I am reminded of something someone once 
said: In the legislative process, you can't allow the perfect to become 
the enemy of the good, in a place where you are lucky if the adequate 
even survives.
  That is where we find ourselves right now with regard to the issue of 
the tax extender legislation. We have a bill that impacts a broad range 
of Americans; 24 million Americans will be subject to the alternative 
minimum tax if Congress does not act. We have energy tax extenders that 
put in jeopardy lots of investment in renewable energy sources such as 
wind and solar. We have students who are affected because of a student 
loan provision, teachers who are affected by a teacher deduction that 
is allowed for expenses. We have the rural schools' fix included. All 
these things will be impacted if Congress fails to act.
  Where we are with regard to that is, the Senate has passed a bill 
with 93 votes that we have sent to the House. The House is now trying 
to send that back, broken up in different ways and with different sorts 
of offsets.
  The point is, we have to get it done. We have to look at what the 
traffic will bear. We have done everything we can in the Senate. When I 
was a Member of the House, I used to gripe about the Senate and its 
rules. Why can't we send things over there and get them done in a 
timely way?
  The reality is, to get anything comprehensive done and anything 
consequential, it takes 60 votes. Already it is clear we will not be 
able to get 60 votes. We voted on this issue numerous times in the 
Senate. We voted on it repeatedly, the very provisions the House is 
trying to get us to adopt, without success.
  In fact, last week we voted. We only got 53 votes in the Senate out 
of the 60 that are necessary. So it seems, to me at least, we are at a 
point where we flat have to get this done. It is no substitute for a 
comprehensive energy bill, but it is the least we can do. If the least 
we can do is the best we can do, we ought to do at least the best we 
can do, which is to pass these energy tax extenders and get some of 
this investment in energy technologies that would help us toward our 
goal of energy independence and reducing carbon emissions.
  I urge our colleagues on the House side to accept this bill. It is a 
signable bill. It is very clear we have done everything we can in the 
Senate with repeated votes. The proposal the House has put forward is 
not going to move in the Senate, and we have a very short clock to work 
with here in order to get something done. It should not be a question 
of the political winners and losers. It ought to be about the American 
economy and the American people. We need to do something that is a 
winner for them, and that ought to be moving this piece of legislation 
in the House. It has 93 votes in the Senate. It is there. It is 
awaiting action.
  It is absolutely clear the proposal they have sent here cannot secure 
the necessary votes to move. That bill that is over there will be 
signed by the President. It moves us in a direction of energy 
independence and puts some energy policy in place that is important to 
the future of this country, as well as all the other tax provisions I 
mentioned, including preventing 24 million American families from being 
hit by the alternative minimum tax at the end of the year. So I hope, 
again, this legislation will pass. I urge my colleagues on the House 
side to take it up and pass the Senate bill.
  Mr. President, I yield back the remainder of my time.

                          ____________________




                     CONCLUSION OF MORNING BUSINESS

  The ACTING PRESIDENT pro tempore. Morning business is closed.

                          ____________________




            FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of the House message to accompany H.R. 
2095, which the clerk will report.
  The legislative clerk read as follows:

       Message from the House of Representatives to accompany H.R. 
     2095, entitled an Act to amend title 49, United States Code, 
     to prevent railroad fatalities, injuries, and hazardous 
     materials releases, to authorize the Federal Railroad Safety 
     Administration, and for other purposes.

  Pending:

       Reid amendment No. 5677 (to the motion to concur in the 
     amendment of the House of Representatives to the amendment of 
     the Senate to the bill), to establish the enactment date.
       Reid amendment No. 5678 (to amendment No. 5677), of a 
     perfecting nature.

  The ACTING PRESIDENT pro tempore. Under the previous order, the time 
until 12:15 will be controlled by the Republican leader, and the time 
from 12:15 until 12:30 will be controlled by the majority leader.
  The Senator from Texas is recognized.
  Mrs. HUTCHISON. Mr. President, I rise to talk about the rail safety 
and Amtrak authorization bill. This is a bill that I think will move 
forward a major alternative option for our passengers and for the 
mobility of our country--Amtrak.
  Most people think of Amtrak as the Northeast corridor, and going from 
Boston all the way through New York and Washington and on down through 
Florida. That is a very important route. In fact, that route has more 
than 2,600 trains operating every day. So it is a major part of our 
transportation infrastructure in what is called the Northeast corridor.
  However, we have a national system for Amtrak as well. It is a 
national system that goes, of course, down the east coast, as I 
mentioned, but it also goes down the west coast. It goes all the way up 
and down the west coast. It has lines that go across the top of our 
country, across the bottom of our country east to west, and right down 
the middle, what is called the Texas Eagle, which goes from Chicago, 
down through St. Louis, down into Texas, and across to San Antonio, 
where it meets the Sunset Limited, which goes from California to 
Florida.
  So we have the skeleton of a national system. It is a system we must 
preserve. It is a system that has become more and more of an option as 
gasoline prices have increased. We saw how many people went to train 
use after 9/11, when the aviation industry was shut down. It is 
something we must support and keep.
  Now we are increasing ridership every year. During fiscal year 2007, 
25.8 million passengers, representing the fifth straight fiscal year of 
record ridership, boarded Amtrak. Ridership is up 7 percent more over 
this time last year, as people have gone to the trains because of the 
high gasoline prices.
  This bill authorizes $2.6 billion annually over 5 years. It 
authorizes that amount. In Congress we authorize, and then the 
appropriations come later on an annual basis. And $2.6 billion would be 
the ceiling for the next 5 years for Amtrak. But to put this in 
perspective, when we are talking about alternatives in our 
transportation system, we have authorized, in SAFETEA-LU, the highway 
authorization bill, $40 billion. The FAA bill, introduced in this 
Congress, proposes to invest $17 billion annually in aviation. Last 
year we passed a Water Resources Development Act authorizing $23 
billion over the next 2 years.
  We are talking about $13 billion over 5 years--$2.6 billion each 
year, which is the very least of the authorizations of

[[Page 22984]]

any of our transportation systems. If included with the number of 
passengers served by our aviation industry, in 2007, Amtrak would rank 
eighth in the number of passengers served, with a market share of right 
at 4 percent. There are nearly twice as many passengers on an Amtrak 
train as on a domestic airline flight.
  So we have crafted a bill--and I have to tell you honestly, this is 
not my bill. Actually, it started with Trent Lott. Senator Lautenberg 
on the majority side now has continued to be a leader in this field. I 
support the bill Frank Lautenberg and Trent Lott negotiated because it 
is right for our country. I have always said, for me, Amtrak is 
national or nothing.
  There was a time in this Congress when nobody ever talked national. 
They only talked about saving the Northeast corridor. Of course, that 
is the rail line that is owned by Amtrak. The other rail lines mostly 
are not separated, although I would like to see that changed. But we 
are using freight rail, and we are at the behest of the freight rail 
lines. So it is not as efficient. But it is very important we keep 
those relationships and work toward having the separate lines on those 
rail rights of way. Today, we are talking about a national system.
  There was a time when we only talked about the Northeast corridor. 
But many of us who are on the national lines, who have been supportive 
of the Northeast corridor, said: Wait a minute. We cannot create a 
stepchild in the rest of the country. If my taxpayers in Texas and 
Trent Lott's taxpayers--now Thad Cochran's and Roger Wicker's 
taxpayers--are subsidizing Amtrak in the Northeast corridor, we want to 
have a chance at the national system because it has so much potential 
to work with States and cities to use mass transit systems that feed 
into the national system, and it will help all of us with mobility. In 
fact, all of those who support the Northeast corridor have been very 
supportive also of the national system.
  We have had a partnership in Congress for the last 10 years that I 
have been here to make sure we are making Amtrak financially 
responsible with the least amount of Federal help of any of the 
transportation modes. Highways are $40 billion a year. We are $2.6 
billion a year. So we have a bill that has been crafted, I think, in 
the very most responsible way. I recommend it, and I appreciate very 
much the opportunity to take this bill as we have crafted it, with a 
lot of give and take, and recommend to the Congress and the Senate we 
pass it today.
  Mr. President, I wish to yield up to 5 minutes to the distinguished 
senior Senator from the Acting President pro tempore's home 
Commonwealth of Virginia, one who I have to say has been a longtime 
supporter of Amtrak and has been such a leader in this Congress. This 
is his last term in Congress. He has decided not to seek reelection. He 
is someone who has been a leader not only on Amtrak but certainly on 
our military affairs for our country, the man whom we call the squire, 
the senior Senator from Virginia.
  The ACTING PRESIDENT pro tempore. The senior Senator from Virginia.
  Mr. WARNER. Mr. President, I thank my long-time friend and colleague 
in the Senate, the Senator from Texas. For so many reasons she is a 
real leader on our team, on the team of leadership.
  But how many times, if I might ask the Senator from Texas, have you 
taken this bill to the floor of the Senate on behalf of Amtrak, rail 
safety, Metro? Would you mind telling us how many times?
  Mrs. HUTCHISON. I say to Senator Warner, thank you. It is my pleasure 
to have supported Amtrak from the day I walked in the door 15 years 
ago. I think the partnership between the Northeast corridor supporters 
of Amtrak and the rest of the country supporters has created a much 
stronger system. We are seeing that in the ridership. I think if we 
make the commitment to Amtrak we make to the other modes of 
transportation, it will be better for our whole country and give more 
options to the people of our country.
  Mr. WARNER. Mr. President, I recognize that great contribution, but I 
wanted it a part of the Record.
  I say to my long-time friend, Mr. Lautenberg, the distinguished 
senior Senator from New Jersey, I hope in your remarks you will recite 
how many times you have gone to the floor on behalf of people seeking 
the needs of not only Amtrak but the rail safety and the Metro funds 
which are in this bill this time.
  These two Senators have been the engine on this very important piece 
of legislation. The distinguished Acting President pro tempore and I 
are proud to represent Virginia, one of the beneficiaries of this 
system. But I have also tried through my many years in the Senate to 
have a voice for the District of Columbia.
  This Amtrak as well as the Metro funds in here are the pulse beat, 
the arteries which feed the Nation's Capital. Some 40 to 50 of the 
various Government agencies serving our Nation are accessed with 
Amtrak. I say to my colleagues in the Senate, all 100 Senators--all 100 
Senators--have staff members and the families of staff, and ourselves, 
who very often utilize the Metro system and indeed access part of the 
Amtrak system. This is a 10-year funding for the Metro for capital 
improvement and operating.
  Mrs. HUTCHISON. Mr. President, will the Senator yield?
  Mr. WARNER. Yes.
  Mrs. HUTCHISON. Mr. President, I wish to say on that point, the 
distinguished senior Senator from Virginia has mentioned how important 
the Metro part of it is. I think he has represented so well the 
interests of all the people who live and work in Virginia, Maryland, 
and the District of Columbia.
  It also applies, I would expand, to the visitors to our capital 
because the rail line on Amtrak that goes from Baltimore Airport to the 
District, our capital, and from Washington National Airport to our 
capital, has been so helped by having this kind of service from Amtrak 
at National Airport or Baltimore to be able to get on that train and 
come visit our capital. That is a mode of transportation that is used 
by the millions of visitors who come to visit our capital.
  This is part of the mobility we provide to people who bring their 
families here. It is the most efficient and least costly way to get 
into the District to show children the opportunity to see our capital. 
I appreciate the senior Senator from Virginia pointing out that this is 
part of our responsibility.
  The ACTING PRESIDENT pro tempore. The Senator from Virginia.
  Mr. WARNER. Mr. President, I wish to add that this system, the Metro 
system, is a feeder to the Amtrak. It was started in 1960 under 
President Eisenhower. Each year, the Congress has been a supporter of 
this system. But key to this--and I compliment my colleagues in the 
House, Congressmen Moran and Davis--are the matching funds from each 
State, so the portion of authorization we seek for Metro in this would 
be matched by the several States and the District of Columbia.
  Mr. President, I intend to cast a ``yea'' vote on cloture on the 
motion to concur with the House amendment to the Railway Safety-Amtrak 
bill. I believe this legislative package is critical for so many 
reasons.
  Of highest importance to me, though, is a much-needed authorization 
of $1.5 billion over 10 years for the Washington Metropolitan Area 
Transit Authority, WMATA, the Metro system that probably brought a 
majority of our staffers to work this morning.
  WMATA has been one of the Washington, DC, metro area's most 
successful partnerships with the Federal Government.
  In 1960, President Eisenhower signed legislation to provide for the 
development of a regional rail system for the Nation's Capital and to 
support the Federal Government. Since 1960, Congress has continually 
reaffirmed the Federal Government's commitment to Metro by passing 
periodic reauthorizing bills.
  Over half of Metro's riders at peak times are Federal employees and 
contractors, and a large percentage of these riders are Virginia 
residents.

[[Page 22985]]

  Based on Metro's 2007 Rail Ridership Survey, approximately 40 percent 
of respondents identified themselves as Federal workers who ride 
Metrorail to work. 39 percent of that group identified themselves as 
Virginia residents.
  We are talking about thousands of cars taken off the major roadways 
each day because of our area's Metro system.
  Metro's record riderships have occurred during historic events where 
people from all over the country flock to the Nation's Capital to honor 
their Federal Government: President Reagan's funeral, Fourth of July 
celebrations, Presidential inaugurations. In addition, the Metro system 
proved indispensable to the Federal Government and the Nation's Capital 
generally in the aftermath of the terrorist attacks of September 11, 
2001.
  Over 50 Federal agencies in the National Capital Region are located 
adjacent to Metro stations. Federal agencies rely on WMATA to get their 
employees to and from the workplace year-round, in all types of 
weather.
  As I mentioned, the Railway Safety-Amtrak bill includes $1.5 billion 
in Federal Transit Authority funding over 10 years for capital and 
preventative maintenance projects for WMATA. This language was added by 
voice vote to the Amtrak bill by my delegation mate, Congressman Tom 
Davis, as a floor amendment during the House's Amtrak debate over the 
summer.
  These dollars will be matched by the Commonwealth of Virginia, 
Washington, DC, and the State of Maryland.
  This critical investment will help provide for much-needed 
improvements to this stressed transit system. Projects such as station 
and facility rehabilitation and tunnel repairs will be undertaken.
  These funds will also allow WMATA to add new rail cars and buses to 
help congestion during peak hours.
  This critical legislation, which would authorize much-needed Federal 
funding, contingent on State and local dedicated matches, recognizes 
how vital Metro is to the region and the Federal Government.
  Such legislation is integral to the well-being of the area's 
transportation system, as we struggle to address traffic congestion, 
skyrocketing gas prices, global climate change, and the local quality-
of-life concerns.
  From its inception, the Federal Government has played a significant 
role in funding the construction and operation of the Metrorail system. 
I hope this Congress will continue to show that support.
  I ask my colleagues to join me in voting ``yes'' for WMATA today.
  Mr. LAUTENBERG. Mr. President, I rise today to ask my colleagues to 
join me in voting for cloture on this important rail safety and Amtrak 
reauthorization bill. I am pleased to be doing this with the 
distinguished Senator from Texas, Mrs. Hutchison, and am particularly 
delighted to have the chance to share in the twilight area of the 
distinguished career of the senior Senator from Virginia on this issue. 
John Warner and I have been friends for many years. We both had some 
military experience in World War II, and Senator Warner went on to 
Korea to continue his duty. We are grateful for not only his duty in 
the military but his service to the country. Senator Warner is a man 
with balance and sensitivity. It doesn't mean he always agrees, and 
when he doesn't, you know that. He is not hesitant to let you know that 
he disagrees, but he always does it as a gentleman and always with a 
courtly touch, if I might say.
  So I am pleased to be here and to have his interests in taking care 
of the District of Columbia, the State of Virginia, and the State of 
Maryland in terms of having the kind of rail service that is essential 
now.
  The ACTING PRESIDENT pro tempore. The Senator from Virginia.
  Mr. WARNER. Mr. President, if the Senator would yield, I would just 
express my appreciation and thanks to the Senator from New Jersey. 
After 30 years in the Senate, much of that time has been spent working 
with him on a wide range of issues, many of them international issues 
of great importance. But I am always happy to come back to the 
fundamentals of what makes this institution work, and that is our staff 
and employees and others who are dependent upon this system. I thank 
the Senator.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that I be 
given 2 minutes for Senator DeMint. I overlooked his coming to the 
floor. It is my fault. I ask unanimous consent for 2 additional minutes 
and also to give the other side 2 additional minutes.
  The ACTING PRESIDENT pro tempore. Is there objection?
  Without objection, it is so ordered.
  The Senator from New Jersey is recognized.
  Mr. LAUTENBERG. Mr. President, when we look at railroads and the role 
they serve in our country, it is interesting to see that we are now 
fighting for having better rail service when we are practically 
overwhelmed with demand for it. However, on an average day in America, 
two people are killed and more than 24 injured in railroad-related 
accidents.
  The recent Metrolink collision in Chatsworth, CA, that killed 25 
people and injured 135 serves as a tragic reminder that we must act to 
protect the millions of passengers who ride trains each day in this 
country. Yet Federal rail safety programs have not been reauthorized 
since 1994. Some railroad employees are working under laws that date 
back over a century ago. It is critical that we bring our safety laws 
into the 21st century for travelers, for the rail workers, and our 
country's railroads.
  Under the leadership of Senator Inouye and the Commerce Committee, 
working in a bipartisan fashion, we held two hearings to gain input 
from the administration, large and small railroads, and rail workers. 
We were very careful with that. The bill we put together was reported 
out of committee unanimously. It passed then unanimously on the Senate 
floor last month.
  The bill before us today continues an agreement between the Senate 
Commerce Committee leaders and our counterparts in the House which also 
passed a rail safety bill. It requires new lifesaving technologies such 
as positive train control, also called PTC systems. Federal accident 
investigators say this technology could have made a difference in this 
month's California crash.
  Our bill updates the hours of service laws to ensure that train crews 
and signal workers get sufficient rest to remain alert and reduce 
fatigue.
  It gives the Federal Railroad Administration the tools to better 
oversee the safety of the rail industry, including more inspectors and 
higher penalties for violations of Federal safety laws. In all, the 
rail safety improvements in this bill are long overdue for workers, for 
the industry, and for Federal regulators.
  In addition to the rail safety legislation, this bill reauthorizes 
Amtrak for the first time since 1997. As with rail safety, the Senate 
has passed legislation on this already in this Congress by an 
overwhelming bipartisan vote on the Senate floor last October. I 
coauthored that bill with Senator Lott, and it reflects our shared 
vision for expanding the use of passenger trains in the United States. 
We held several hearings on this bill and received input from Amtrak, 
freight railroads, the States, and rail labor.
  Since we were blocked from going to conference and reconciling the 
differences with the House Amtrak bill, we worked out a bipartisan, 
bicameral agreement with our House counterparts. This portion of the 
bill before us today substantially changes our Federal policy toward 
passenger rail travel. It provides the funding that Amtrak needs to 
succeed as a real option for travelers. Included in this funding is a 
new $2 billion grant program for States to pursue passenger rail 
projects. In all, this bill would authorize over $2.5 billion each year 
for Amtrak, but it includes the States also for the next 5 years. I say 
``includes the States also'' because it gives the States an opportunity 
to establish their own rail corridors that have so much interest now. 
This level of funding will allow more passenger trains to serve more 
travelers, will create infrastructure-related

[[Page 22986]]

jobs in America, and will allow Amtrak to make long-term growth plans.
  With this investment also comes more accountability. Our bill 
contains significant reforms, many called for by Senators who have not 
always supported Federal funding for Amtrak. These reforms will require 
the railroad to improve its efficiency and management by mandating a 
new financial accounting system, requiring States to pay for those 
Amtrak services they get, and considering passenger trains run by 
freight railroads. Our bill also allows private firms to submit 
proposals to build new high-speed lines where there is interest, which 
allows for a full public discussion of this potential.
  Both the rail safety and the Amtrak portions of this bill are needed 
and long overdue. Since we last passed rail safety legislation, more 
than 9,000 people have been killed and more than 100,000 have been 
injured in train-related incidents. Think about that. Here we are, we 
are having a little battle about this, when we can be saving lives, 
making people more comfortable in their travel, and making rail service 
more reliable.
  Since we last passed Amtrak legislation, gas prices, everyone has 
noticed, have tripled, highways have gotten more crowded, and we have 
suffered two of the worst years ever for flight delays. The House took 
up this bill and passed it on a bipartisan voice vote last week. Now 
the Senate needs to invoke cloture, pass this bill, and send it to the 
President for his signature.
  I ask that all Senators let us proceed to this question and help 
travelers, the rail workers, States, and the American railroad and 
supply companies in this critical industry.
  Mr. President, what is the time situation please?
  The ACTING PRESIDENT pro tempore. With the additional time granted, 
the majority now has 7 minutes 10 seconds, and the minority has 2 
minutes.
  Mr. LAUTENBERG. Mr. President, our bill will result in a 
substantially safer railroad industry. In recognition of this, the 
Association of American Railroads and many railroad labor unions 
together strongly support our bill.
  Our bill will expand the resources of the Federal Railroad 
Administration, the agency which regulates railroads for safety. It has 
provisions which would authorize 200 more inspectors and raise the 
maximum amounts for civil penalties that the agency can levy for 
violations of our safety laws. These violations can cost up to $100,000 
each.
  Too often it takes a catastrophe to get people around here to focus 
on severe gaps in our laws. Regrettably, earlier this month, America 
experienced that kind of tragedy. The accident took place in 
Chatsworth, CA. That train collision was only a couple of weeks ago--
September 12, 2008. The devastation we see here, including the loss of 
life and the number of injuries, is unacceptable if we can do anything 
about it, and we can.
  We also owe it to the residents in communities such as Graniteville, 
SC. This was January 6, 2005. They had nine fatalities. We want to make 
sure these things don't happen again. In 2005, we had over 5,400 people 
evacuated from the area surrounding the accident to avoid the fog of 
deadly chlorine. Had this accident happened any later that morning, the 
consequences would have been much worse. Factory workers would have 
been at work in nearby mills and schoolchildren would have been in the 
nearby schools. So we owe it to the memory of those people to pledge 
that wherever we can avoid this kind of thing happening, we must do it.
  We also owe it to the people of Luther, OK, who last month watched 
this massive fireball erupt after a train derailed and caused ethanol 
tanks to explode. Look at that picture. You can't see the train. That 
is what happened. We have to be better prepared to prevent these things 
from happening.
  These are not trivial improvements we are talking about today in this 
legislation. I hope we can quickly finish our work on this bill and get 
sent to the President's desk for enactment, so that we can avoid the 
kinds of tragedies that we know are possible.
  Mr. WEBB. Mr. President, I rise today in support of the Federal 
Railroad Safety Improvement Act, H.R. 2095, which reauthorizes our 
Federal passenger rail program and contains a provision that would 
provide much needed funding for the Washington Metropolitan Area 
Transit Authority, WMATA.
  I am a proud original cosponsor of the Amtrak reauthorization 
legislation, which seeks to improve the safety, efficiency, and 
reliability of our Nation's largest passenger rail service provider. 
With increasing traffic congestion on our Nation's roadways, it is time 
to invest in long-term and diversified infrastructure projects that 
improve passenger rail service. I have long stated my belief that 
America has been seriously neglecting its infrastructure, and I am 
pleased that this bill puts us on the path to making a renewed 
investment in passenger rail service. Notably, the bill before us today 
authorizes $13 billion for Amtrak over 5 years and includes $1.5 
billion to develop high speed rail corridors throughout the United 
States, including the Southeast corridor which will connect Washington, 
DC, to Charlotte, NC.
  However, most importantly the legislation before us includes a bill 
that many of us in the Maryland and Virginia delegations have long been 
pushing for a long time. I want to thank Chairman Lautenberg and his 
staff for working with me and my colleagues to include the National 
Capital Transportation Amendments Act of 2007, S.1446.
  In short, the Metro funding provision would authorize $1.5 billion 
over 10 years for Metro to finance capital and preventive maintenance 
projects for the Metrorail system. The Federal funding would share the 
funding burden with the States because the money would be contingent on 
the District of Columbia, Maryland, and Virginia jointly matching the 
Federal contribution toward Washington Metro's capital projects.
  Appropriate funding for the Metro system is critically important to 
our Federal workforce, the millions of tourists who visit our Nation's 
Capital area, as well as the millions of people who live around 
Washington, DC. I have worked diligently with my Senate and House 
colleagues over the past 2 years to pass this legislation, and I ask my 
colleagues to help secure passage of this provision in the Amtrak 
authorization bill.
  Metrorail and Metrobus ridership continue to grow as more than 1 
million riders on average per weekday choose Metro as their preferred 
mode of transit for traveling around the National Capital Region. As 
the price of gasoline has soared, more people are turning to Metro as 
their primary mode of transportation. I would note that in fiscal year 
2008, there were 215 million trips taken on Metrorail, which is the 
highest yearly total ever. This represents an increase of 4 percent 
over last year. In fact, 31 out of 34 of Metrorail top ridership days 
have occurred since April of this year. On Metrobus, there were 133 
million trips taken, an increase of 1.4 million relative to 2007, and 
also the highest yearly total ever. New funding authorized in this 
legislation would provide the necessary resources to increase bus and 
rail capacity and meet forecasted ridership demands before the system 
and region become totally mired in congestion.
  The Federal role in supporting Metro is clear, with a long track 
record to draw upon. Washington Metro began building the rail system in 
1969 with Federal funding authorized under the National Capital 
Transportation Act of 1969. On two separate occasions, Congress has 
authorized additional funding for Metro construction and capital 
improvements. According to a 2006 Government Accountability Office 
report:

       WMATA provides transportation to and from work for a 
     substantial portion of the federal workforce, and federal 
     employees' use of WMATA's services is encouraged by General 
     Services Administration guidelines that instruct federal 
     agencies to locate their facilities near mass transit stops 
     whenever possible. WMATA also accommodated increased 
     passenger loads and extends its operating hours during events 
     related to the federal government's presence in Washington, 
     DC, such as presidential inaugurations and funerals, and 
     celebrations and demonstrations on the National Mall.


[[Page 22987]]


  In fact, during rush hour, Federal employees account for over 40 
percent of Metro ridership. The Metro system was also critical to the 
evacuation of Washington, DC, following the 2001 terrorist attacks. 
Metro was deemed a ``national security asset'' in a Federal security 
assessment conducted after 9/11. In short, the operation of the Federal 
Government would be nearly impossible without the Metro system and the 
Federal Government's emergency evacuation and recovery plans rely 
heavily on Metro.
  The future of Metro and its continued success relies upon consistent 
support from the Federal Government and the regional localities it 
serves. Now is the time for the Federal Government to commit itself to 
providing more long-term Federal funding for the Washington Metro 
system. Together, along with our jurisdictional partners, we must 
continue to invest in the transit system that has brought so many 
benefits not only to the region but also to the Federal Government and 
the entire Nation. I urge my colleagues to support passage of this 
bill.
  The ACTING PRESIDENT pro tempore. The Senator from South Carolina is 
recognized for 2 minutes, and that time will be charged to the 
minority.
  Mr. DeMINT. Mr. President, I do appreciate the leadership on this 
bill. I am particularly honored to serve with John Warner. He has been 
involved with so many great victories here, great leadership. He will 
certainly be missed.
  I don't want to be the one to rain on the parade here because I 
certainly know there are some good improvements in this bill. 
Obviously, there is some disagreement whether this bill should go 
through. The Heritage Foundation calls it the biggest earmark in 
history. We do have to recognize that with this, on top of the over $20 
billion in earmarks we passed last week, the American people have to be 
looking in on us and asking, What are they thinking?
  If we adopt this cloture motion, we are setting up 30 hours of debate 
on what I am sure to many is an important bill, but this is in a time 
when we are talking about a financial crisis of proportions we have not 
seen since the Great Depression. We have instilled panic in the 
American people, and people are working around the clock to determine 
whether we should spend $700 billion to intrude into the private 
markets.
  To take 30 hours during this time is to suggest to the American 
people it is business as usual here while we have a crisis and panic on 
the outside. I encourage my colleagues to let's put this off until 
later. Whether you support it or you don't, this is not the time to 
tell the American people one thing and to proceed as it it is business 
as usual. We should not be spending 30 hours of debate on an Amtrak 
bill, with the pork that has been added to it, at a time when we need 
to be addressing a crisis in America.
  I thank the leadership for all their work on this bill.
  The ACTING PRESIDENT pro tempore. The Senator's time has expired.
  Mr. DeMINT. I yield the floor.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mrs. BOXER Mr. President, due to the Jewish holidays, I am 
unable to attend the cloture vote today on the Federal Railroad Safety 
Improvement Act.
  However, I want to take this opportunity to express my support for 
this important piece of legislation that will have a significant impact 
on rail safety for my State of California and our Nation.
  On September 12, a Union Pacific freight train collided head on with 
a Metrolink commuter train during rush hour in Chatsworth, CA. This 
tragedy claimed 25 lives, and injured 135 people, many of whom have 
sustained lifelong injuries.
  This was a senseless tragedy that did not have to occur. Several 
safety measures could have been employed to help avert this tragedy, 
including the implementation of positive train control, PTC, systems on 
single tracks shared by commuter and freight rail.
  The National Transportation Safety Board has called for the 
implementation of positive train control systems since the inception of 
its Most Wanted Transportation Safety Improvements list in 1990. In its 
most recent list, the NTSB states:

       The board believes . . . positive train control is 
     particularly important in places where passenger trains and 
     freight trains both operate.

  That is why I joined Senator Feinstein in introducing legislation 
after the accident that would require positive train control systems to 
be implemented by 2014 nationwide and in areas of high risk by 2012.
  While I would have preferred that the Federal Railroad Safety 
Improvement Act mandate positive train control in high risk areas by 
2012, I am pleased this bill takes a step in the right direction by 
giving the Federal Railroad Administration, FRA, the authority to 
require the implementation of PTC sooner than 2015.
  I also believe the Federal Railroad Safety Improvement Act makes key 
advances to address other necessary safety improvements.
  In addition to requiring the implementation of positive train control 
systems on rail lines used by passenger trains and trains carrying 
hazardous materials, the bill authorizes $250 million in grants for 
States and railroad carriers to aid in the deployment of PTC systems 
and other rail safety technology.
  The legislation also revises work hours for train crews and signal 
employees by requiring an uninterrupted off-duty period of 10 hours 
between shifts, a total monthly cap of 276 hours for train crew work 
hours, and creates the first mandatory ``weekend'' for railroad 
employees by requiring consecutive days off.
  The Senate has an opportunity to vote this week on the first 
comprehensive rail safety bill since 1994 and send a clear message to 
Americans that we have taken action to protect the public by making 
rail safety a priority.
  In light of the recent rail tragedy in southern California, there is 
no excuse for failing to pass rail safety legislation.
  This month, I hosted a Commerce Committee briefing on the rail 
accident. What became clear at this briefing was that the FRA has had a 
lax attitude toward rail safety oversight in recent years and that 
Congress must act now to assure the public's concerns and ensure the 
safety of commuter rail.
  In the wake of the California rail tragedy, this is not the time to 
have a partisan debate over increased regulation of rail safety 
intended to protect passengers.
  Commuter rail systems across the nation need resources and oversight 
by FRA to keep Americans safe.
  As gas prices continue to rise and more and more families turn to 
public transit, we must take additional steps to ensure the safety of 
our commuters.
  Our colleagues in the House have acted in support of this 
legislation. Now is the time for the Senate to act so that we can begin 
to take the steps necessary make our rail commuter and freight rail 
lines safer.
  I look forward to continuing to work with my Senate colleagues on 
this important issue in the next Congress.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. NELSON of Florida. Mr. President, with gas prices as high 
as they are in our country, rail is becoming a more popular mode of 
transportation. As we find ourselves dealing with more trains on the 
rails, with crews being asked to work longer hours and make more trips, 
it is imperative that we ensure these operations are conducted safely.
  The Federal Railroad Safety Improvement Act would make sure that rail 
crews are properly rested and that hazardous materials are properly 
secured. It also includes critical improvements to our rail 
infrastructure at bridges and grade crossings. I regret that I could 
not be here to cast my vote on Monday, but if I were here, I would have 
voted in favor of cloture. This bill deserves an up-or-down vote 
because the American people deserve a safe rail transportation 
system.
  Mrs. FEINSTEIN. Mr. President, I rise to speak in support of the Rail

[[Page 22988]]

Safety Improvement Act, which passed the House of Representatives last 
week by voice vote. This legislation is necessary in order to make our 
rail lines safe. I encourage my colleagues to support it.
  First, I thank Chairman Inouye, Chairman Lautenberg, and Senator 
Hutchison for their terrific leadership on this important bill. They 
worked in a bipartisan fashion to advance the first comprehensive rail 
safety bill since 1994. I appreciate their genuine efforts to make 
America's rail system as safe as possible.
  The Rail Safety Improvement Act would prevent train accidents by 
deploying new safety technology.
  It would also take steps to minimize train worker distraction and 
fatigue, and it would help those impacted by accidents.
  Finally, it would invest in the future of rail, in which I firmly 
believe.
  Let me explain what this bill does. After years of delay, this bill 
will mandate and authorize new funding for the installation of advanced 
train collision avoidance systems known as positive train control. It 
will also address grade crossings--establishing a grant program to fund 
improvements at crossings with a history of deadly collisions.
  This bill will limit trainmen shifts to 12 hours, preventing tired 
engineers from falling asleep at the throttle; it will establish new 
hours of service rules tailored to ensure commuter rail line workers 
are rested; it will improve training for those who work the rails, and; 
it will permit the Federal Railroad Administration to ban cell phone 
use and other distractions.
  The bill will create a program to assist victims and their families 
involved in passenger rail accidents.
  The bill will also lay out a path that will guide the future of rail 
in America. It invests in Amtrak; it establishes competitive grants to 
expand the existing rail network into new areas; and it establishes 
significant Federal support for developing high speed rail in the 
United States.
  This legislation is necessary and long overdue. Congress has not 
reauthorized the Federal Railroad Administration--the FRA--since 1994, 
and without congressional guidance FRA has failed to respond to the 
National Transportation Safety Board's repeated calls for improvements. 
For example: NTSB has called for positive train control collision 
avoidance systems since the 1970s, and NTSB has called on FRA to ban 
the use of cell phones by engineers on duty since 2003. Without 
guidance from Congress, the FRA has done neither.
  Beyond the calls made by NTSB, in California, three deadly crashes 
involving the Metrolink commuter rail system since 2002 demonstrate 
that the FRA needs a new mandate.
  In 2002, a freight train in Orange County, CA, ran a signal and 
crashed into a stopped commuter train, killing three and injuring 
hundreds. NTSB found the collision would have been prevented by 
Positive Train Control, but nothing changed.
  In 2005, a Metrolink train hit a vehicle left on the tracks at a 
highway rail intersection. This crash, which killed 11 southern 
Californians, was not unique. Such intersections lead to an average of 
3,081 collisions and 368 deaths each year.
  Seventeen days ago in Chatsworth, a Union Pacific freight train 
collided head-on with a Metrolink commuter train carrying 225 people 
headed home for the weekend. Twenty-five people died and 135 were 
injured.
  In response to this terrible tragedy, I joined with Senator Boxer to 
introduce legislation requiring positive train control systems on 
America's trains--with priority given to high-risk routes where 
passenger and freight trains share the same tracks.
  How can we have fully loaded freight and passenger trains traveling 
on the same track in opposite directions with nothing more to prevent a 
collision than signals and the attentiveness of a single engineer?
  How can we apply 19th century safety systems to a very serious modern 
day problem?
  This is a particularly acute issue in California, which has a great 
deal of single track, heavily traveled rail.
  Mr. President, 41 percent--51 of the 125-mile--Los Angeles to San 
Diego Amtrak and commuter rail corridor is single track. This is the 
second most heavily traveled passenger rail line in the United States. 
On the Amtrak and commuter rail line from L.A. north to Santa Barbara 
and San Luis Obispo, 80 percent the track is single-tracked--177 of 225 
miles, with only limited passing sides. Also 88 percent--75 of 85 
miles--of the Altamont Commuter Express commuter rail linking Stockton 
and San Jose is single track.
  In California, we cannot afford to wait for crash avoidance systems 
to come down in cost. We need action now.
  Let me point out for a minute how positive train control works.
  Every train's position is tracked through global positioning, which 
is new technology that can monitor its location and speed. These 
systems constantly watch for excessive speed, improperly aligned 
switches, whether trains are on the wrong track, unauthorized train 
movements, and whether trains have missed signals to slow or stop.
  Each train also has equipment on board that can take over from the 
engineer if the train doesn't comply with the safety signals. The 
system will override the engineer and automatically put on the brakes.
  Versions of these systems exist and are in use today. They are in 
place in the Chicago-Detroit corridor and Amtrak has a system in the 
Northeast corridor. San Diego has a more simple system, known as 
Automatic Train Stop, which has been in existence since the 1940s and 
would have probably prevented the Metrolink's most recent deadly crash. 
But the railroad industry resists these collision prevention systems. 
They ask for more time. They say that the technology is still being 
developed.
  By enacting the Rail Safety Improvement Act, Congress will 
demonstrate that it gets the message that positive train control will 
save lives. This legislation includes key parts of the Rail Collision 
Prevention Act that Senator Boxer and I introduced.
  The positive train control systems mandated by this bill will prevent 
40 to 60 train crashes a year and save lives.
  And FRA will have the power to issue civil penalties if the systems 
are not in place.
  While the bill that Senator Boxer and I introduced would have 
required collision avoidance systems on high risk track to be in place 
earlier than this legislation, the Rail Safety Improvement Act is 
nevertheless a major step in the right direction.
  The FRA will have the power to move deadlines up on the highest risk 
rail routes, and I fully expect FRA to impose aggressive deadlines on 
single track, heavily traveled rail lines.
  I believe we must do all we can to see that the Senate acts on it 
before the session comes to a close.
  I believe rail has a bright future in America but only if the 
public's safety is assured.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that Senator 
Specter be given 2 minutes.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Pennsylvania is recognized for 2 minutes.
  Mr. SPECTER. Mr. President, this legislation is vital for the 
infrastructure of America. Amtrak provides an indispensable service. 
Contrary to assertions, there is much in this bill which provides for 
reform: a greater role for the private sector by allowing private 
companies to bid and operate underperforming Amtrak routes; requires 
Amtrak to establish and improve financial accounting; requires Amtrak 
to consult with the Surface Transportation Board, freight railroads, 
and the FRA.
  Most of all, when the Senator from South Carolina comments about this 
is an earmark, this is thoughtfully considered legislation by both 
Houses of the Congress. It has been held up by the technical refusal of 
some Senators to allow conferees to be reported. But this sort of gives 
lie to the whole challenge of earmarks as a generalization. Of course, 
if it is a bridge to nowhere

[[Page 22989]]

or some provision slipped into a bill by a single Member which does not 
have any merit, but where you have the Congress of the United States 
authorized by the Constitution to appropriate, this is thoughtful 
authorization of funds.
  If this is an earmark, then those who condemn earmarks in their 
totality are absolutely dead wrong and nothing proves it as 
conclusively as saying that the Amtrak legislation is an earmark, when 
it has been carefully considered by both Houses of Congress, which is 
our constitutional responsibility and our constitutional authority.
  I urge my colleagues to support this bill.
  The ACTING PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, I am going to use leader time. All other 
time has expired; is that right?
  The ACTING PRESIDENT pro tempore. The Senator is right.
  Mr. LAUTENBERG. I yield back all our time.
  The ACTING PRESIDENT pro tempore. The minority time has expired. The 
majority has yielded back its time.
  The majority leader is recognized.
  Mr. REID. Mr. President, we now turn to legislation, thankfully, to 
improve the safety of America's railroads. This bipartisan, bicameral 
legislation will achieve something we can all agree on, I hope--the 
improved safety of our Nation's railroads.
  The pictures Senator Lautenberg placed before us are, to say the 
least, descriptive.
  Through new technology, updated regulations, and an expanded Federal 
agency that is up to the challenge of policing the railroads, the bill 
will save lives.
  To reach this goal, Senators from both sides of the aisle have worked 
tirelessly, putting aside partisanship and overcoming obstacles that 
would derail the needed safety and infrastructure improvements we owe 
the American people. The picture we saw a few minutes ago, the tragic 
collision that occurred in southern California in Chatsworth on 
September 12, reminded us all it has been entirely too long--almost 15 
years--since Congress last reauthorized a bill to set the route of the 
Federal rail safety programs.
  The Senate took its first steps at rectifying this situation by 
passing, by unanimous consent, Senator Lautenberg's rail safety bill, 
just before the August recess. It is a bill he worked hard on with Kay 
Bailey Hutchison and which is now an important piece of legislation we 
must address.
  Similar to myself, Senators Lautenberg and Hutchison believe we 
cannot wait another day to reauthorize and improve these lifesaving 
programs. I am glad we can finally move to consider this good piece of 
legislation today.
  In addition to our rail safety programs, this legislation will also 
reauthorize Amtrak and improve the railroad safety operations 
infrastructure.
  We last passed an Amtrak reauthorization bill more than 10 years ago. 
Our national railroad has been without guiding legislation since 2002, 
and that was only temporary. With all the challenges facing the 
traveling public today--high gas prices, long delays at airports, and 
constant highway congestion--improving our Nation's intercity passenger 
rail system is an idea whose time has come.
  Eight years ago, my wife and I decided we would travel from 
Washington to Chicago on an overnight train. What a good experience 
that was. Where I was raised, there was no railroad. But now, 8 years 
later, people would take the trains, such as we did, more often because 
of the jamming at our airports and our busy highways, but they simply 
are not available. Trains offer a fuel-efficient and environmentally 
sound way to quickly enhance our transportation system, and this bill 
will improve both the existing Amtrak system and help us develop new 
rail service in corridors across the country, such as in Nevada, where 
a high-speed rail corridor is being planned and would connect Las Vegas 
to southern California.
  Despite this progress, some Senators took it upon themselves to 
prevent the House and Senate from going to conference on this bill in 
an attempt to kill the legislation. It is hard to comprehend, but that 
is true.
  Thankfully, the sponsors of this bill did not give up when they faced 
these challenges. Senator Lautenberg and Senator Hutchison instead 
began working with the House to put together the combined rail safety 
and Amtrak legislation, and today we see the fruit of their labor.
  This package has been approved by the House by voice vote, with near 
unanimous support, last Wednesday and is now ready to be sent to 
President Bush for his signature once the Senate passes it, which I 
hope we do.
  It contains important new safety requirements for our railroads, such 
as the implementation of positive train control systems, known as PTC 
systems. These systems can prevent train collisions, such as the 
terrible crash in California less than a month ago.
  This bill ensures the railroad industry adopts this vital technology 
wherever passenger trains and hazardous cargo shipments travel.
  This legislation is supported by the railroads and their workers and 
was developed working closely with the administration.
  Democrats and Republicans, in both the Senate and the House, have 
made a strong statement that we need to move our Federal rail safety 
programs and our passenger rail system into the 21st century. I hope we 
can move forward on this legislation quickly and get it to Senator Bush 
for his signature.


                             Cloture Motion

  The ACTING PRESIDENT pro tempore. By unanimous consent, pursuant to 
rule XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will report.
  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 
     concur in the House amendment to the Senate amendment to H.R. 
     2095, the Federal Railroad Safety Improvement Act.
         Richard Durbin, Hillary Rodham Clinton, Kay Bailey 
           Hutchison, John Warner, Gordon H. Smith, Olympia J. 
           Snowe, Jim Webb, Jon Tester, Barbara Boxer, Dianne 
           Feinstein, Frank R. Lautenberg, Charles E. Schumer, 
           Thomas R. Carper, John D. Rockefeller, IV, Benjamin L. 
           Cardin, Byron L. Dorgan, Patty Murray, Daniel K. 
           Inouye.

  The ACTING PRESIDENT pro tempore. By unanimous consent, the mandatory 
quorum call is waived.
  The question is, Is it the sense of the Senate that the debate on the 
motion to concur in the amendment of the House to the amendment of the 
Senate to H.R. 2095, an act to amend title 49, United States Code, to 
prevent railroad fatalities, injuries, and hazardous materials 
releases, to authorize the Federal Railroad Safety Administration, and 
for other purposes, 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 California (Mrs. Boxer), the Senator from 
Massachusetts (Mr. Kennedy), the Senator from Louisiana (Ms. Landrieu), 
the Senator from Michigan (Mr. Levin), the Senator from Missouri (Mrs. 
McCaskill), the Senator from Washington (Mrs. Murray), the Senator from 
Florida (Mr. Nelson), the Senator from West Virginia (Mr. Rockefeller), 
and the Senator from Illinois, (Mr. Obama) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent. The Senator 
from Missouri (Mr. Bond), the Senator from Nevada (Mr. Ensign), the 
Senator from Arizona (Mr. McCain), and the Senator from New Hampshire 
(Mr. Sununu).
  The PRESIDING OFFICER (Mr. Sanders). Are there any other Senators in 
the Chamber desiring to vote?
  The yeas and nays resulted--yeas 69, nays 17, as follows:

[[Page 22990]]



                      [Rollcall Vote No. 209 Leg.]

                                YEAS--69

     Akaka
     Alexander
     Baucus
     Bayh
     Bennett
     Bingaman
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Crapo
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Graham
     Grassley
     Hagel
     Harkin
     Hatch
     Hutchison
     Inouye
     Isakson
     Johnson
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Lieberman
     Lincoln
     Lugar
     Martinez
     McConnell
     Menendez
     Mikulski
     Murkowski
     Nelson (NE)
     Pryor
     Reed
     Reid
     Roberts
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Tester
     Warner
     Webb
     Whitehouse
     Wicker
     Wyden

                                NAYS--17

     Allard
     Barrasso
     Brownback
     Bunning
     Burr
     Coburn
     Craig
     DeMint
     Enzi
     Gregg
     Inhofe
     Kyl
     Sessions
     Shelby
     Thune
     Vitter
     Voinovich

                             NOT VOTING--14

     Biden
     Bond
     Boxer
     Ensign
     Kennedy
     Landrieu
     Levin
     McCain
     McCaskill
     Murray
     Nelson (FL)
     Obama
     Rockefeller
     Sununu
  The PRESIDING OFFICER. On this vote, the yeas are 69, the nays are 
17. Three-fifths of the Senators duly chosen and sworn having voted in 
the affirmative, the motion is agreed to.
  The majority leader is recognized.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. REID. Mr. President, the House is going to vote in the next half 
hour on the recovery plan. We are going to attempt this afternoon to 
get a consent agreement to move so that we will have a 60-vote margin 
to approve this legislation. We would do that sometime on Wednesday, 
late in the day.
  In the meantime, we are working to see if we can complete an 
agreement to move and complete the Indian nuclear treaty, also on the 
same day. That would be Wednesday. I think we are very close to being 
able to work that out. That would allow all afternoon today, all day on 
Tuesday, and Wednesday to work on those two items.
  Mr. McCONNELL. Will the majority leader yield for a question?
  Mr. REID. I am happy to yield.
  Mr. McCONNELL. I want to make sure I heard correctly, and my 
colleagues understand, that we would address the rescue package with a 
vote Wednesday night? A Wednesday night vote on the rescue package, is 
that what I heard?
  Mr. REID. Yes. We have to make sure it passes the House. I am 
confident that will be the case. Yes, we will work to see if we can get 
agreement, both the majority and minority, to have a vote on that 
sometime Wednesday.
  I also say I know there is a lot of anxiety, people wanting us to 
complete this this afternoon. We pushed things a lot, to a 12:30 vote. 
Many people wanted a much earlier vote. The holiday starts sundown 
today which, as I understand it, is around 6 o'clock, quarter to 6, 
maybe even earlier than that. People have to go home so they can 
prepare for the holiday.
  I know people have said let's go ahead and do this anyway. We cannot 
do that. This is an important piece of legislation. It would be 
legislative malpractice for us not to talk about it before we vote on 
it. I am confident everyone understands that.
  The one thing I didn't mention is we are going to have to have a 
final passage vote on the matter on which cloture was just invoked. We 
will also do that on Wednesday. We should be able to complete--if 
things go well, we should complete all of our work Wednesday. The House 
is leaving today, so that fairly well limits what we can do. But if 
anyone has any questions, I will be happy to acknowledge them. We are 
having a caucus at 1:30 so we can talk to Democrats about this recovery 
program.
  Mr. McCONNELL. Will the majority leader yield further?
  Mr. REID. I am happy to.
  Mr. McCONNELL. It is the majority leader's feeling there simply would 
be no way to address the rescue package this afternoon before sundown?
  Mr. REID. That is right. I do say this will, of course--I could be 
wrong, but I am very confident there are enough votes to pass this 
legislation. There will be 60 votes to pass this recovery plan once we 
get it from the House. That should be in the next several hours. That 
will give people all the time that they need to talk about it. I do not 
want to be jammed in that regard. But there is no way we could do it. 
It is just not fair. This is the Senate where people are supposed to be 
able to talk. We just can't start voting on something that is costing 
the country up to $700 billion without at least advising our 
constituents why we are voting for or against something of this 
importance.
  The PRESIDING OFFICER. The Republican leader.
  Mr. McCONNELL. I don't want to get into a big debate with the leader 
about this, but the House of Representatives, of course, is voting 
today, and they have not had the package any longer than we would have 
had it today. I know all of this is complicated by the holiday that is 
beginning at sundown. But this is a matter of extraordinary importance. 
Both sides realize it is important to the financial future of our 
country. I did at least want to raise the possibility one more time 
that maybe there would be some way we can vote on it today.
  Mr. REID. Mr. President, the House has had--has been debating this 
since 8 this morning. That is 5 hours. I just think it is inappropriate 
for us to have that matter--we will not even get the bill for another 
couple of hours. I think it is inappropriate for us to charge into this 
without having had the opportunity to work on it. If it passes the 
House, I have already said publicly I am confident there are enough 
votes to pass it in the Senate. I have no doubt that is true.
  Everyone should just calm down. I know this is a mad rush, but we 
make mistakes by rushing into things. There is nothing wrong with our 
talking about this until Wednesday. That is the day after tomorrow. I 
think the anxiety of the chairman of the committee who has worked so 
hard on this--I know he would like to get this done so he can go home 
and spend some time with his little girls. But I think discretion is 
the better part of valor. I don't think it is appropriate, and I don't 
think we could do it if we wanted to. We have people who are gone 
because of the holiday. They are gone right now. It is not fair to 
them. I do not think it is fair to the body generally that we rush into 
this, with Senators being gone. There is no question the holiday has 
been announced for more than a year. For some people this is a very 
important time of the year for them for their religious observance, and 
I am not going to tell Senators who are already not here because of 
this that they are going to miss this most important vote.
  Mr. DOMENICI. Mr. Leader, I am not on the committee so I am not here 
with any rush from having written this or having spent time there. I 
just want to share with you my concerns.
  I believe we are in a time situation that is of utmost importance. I 
believe the next 2 days could see many bad things happen that will be 
very harmful and irreversible for millions of people. The banking 
system and banks, financial institutions in the world during the next 3 
days, even though they believe you, that we are going to pass this 
legislation--things can really happen to those that would not happen if 
we passed this legislation now. I just want to say I understand 
religious holidays and I understand the significance of the one you are 
speaking of. But I also believe--I think I understand what is happening 
out there and what is happening in the world, and 24 hours is enough 
time for many things to happen; 48 is too long.
  Many things will happen which are detrimental and harmful. I urge you 
once again to repeat that you think we are going to pass this. I think 
it is important that we instill some confidence that we are going to 
get a right decision; that the delay is just an interim delay because 
it is unavoidable, at least you feel that way as leader of the Senate, 
but that we are going to pass it. If the world doesn't believe that,

[[Page 22991]]

once the House passes it, a lot of our work will go for naught and a 
lot of things will happen that are not good. I am sure of that.
  Mr. REID. I say to my friend, we have both Presidential candidates 
finally agree on one thing--we should pass this. Both agree. There are 
the two leaders, Senator McConnell and I have done what we can to 
advance this program. I have no doubt that it will pass the Senate. We 
will wait to see what happens in the House, but I have no doubt it will 
pass the Senate.
  Mr. LEAHY. Will the majority leader yield for a point?
  Mr. REID. I am happy to.
  Mr. LEAHY. I have seen the vote count. I know it will pass the 
Senate. But I urge Senators, let's not be stampeded into things without 
even reading it. Here is a report from the Department of Justice's 
Inspector General and Office of Professional Responsibility about the 
investigation into the firing of the U.S. attorneys, one of the 
greatest scandals to hit the Department. This came about because we 
rushed through on a piece of legislation at the last minute. The 
Administration slipped in a provision that was on the basis of the 
administration saying: Trust us--and they manipulated it. People 
eventually may go to jail because of this. Millions of dollars of 
investigations are going on because of this.
  Keep in mind, 10 days ago we were asked to pass something immediately 
because of the urgency--they told us the world is falling, the sky is 
falling. That proposal said we would give the Secretary of the Treasury 
carte blanche to do anything he wants. That proposal said his decisions 
could not be reviewed by any court, any person, any administrative 
body, and they insisted that is the only thing--the only thing--the 
administration could accept.
  After it was pointed out by myself and others that meant he could 
actually write himself a check for $700 billion and nobody could ask 
about it, when a number of those things came about, they suddenly 
realized they could make changes. We sat in a meeting, all the 
Senators, with the Secretary of the Treasury and Chairman Bernanke, the 
head of the Federal Reserve. I remember asking a question, a simple 
question. They went around and around and never answered it. Two days 
later they finally answered it.
  Let's take time to read what we are voting on for the sake of this 
country, realizing what happened before when we were stampeded into 
voting for something because the sky was falling.
  Mr. SALAZAR. Will the majority leader yield for a question?
  Mr. REID. I am happy to yield.
  Mr. SALAZAR. I say to the majority leader, only 10 days ago we were 
asked to give a $700 billion blank check to the Secretary of the 
Treasury because the sky was falling. I think the majority leader, 
working in a bipartisan way, did the right thing in terms of standing 
up against that stampede that was being brought upon us by the White 
House. Because of the process that has been underway in a bipartisan 
way, the blank check is no longer there. There are constraints on this 
legislation that make it better. But to have the judgment of the 
Senate, to have us rush to judgment on a $700 billion rescue package, 
would be an absolute mistake. I think the majority leader is correct in 
terms of wanting us to take the time to review this legislation, which 
none of us have yet seen, to review it through Tuesday, let the Jewish 
holiday pass, and then come back and take the appropriate steps so we 
make sure the sound judgment of the Senate is being brought on this 
legislation.
  I am very much in agreement with the majority leader that we should 
take our time to get it done right.
  Mr. REID. Through the Chair to my friend and all Senators, I have 
indicated what we have left on our plate to do. I hope we can complete 
that by Wednesday.
  There are other things that could come up that may extend the time. 
We may not be able to finish things on Wednesday. There are things the 
House is sending over to us today, or not sending to us today, that we 
may have to act on. I am going to do my very best, working with the 
Republican leader, to get us out of here on Wednesday, but that is no 
guarantee. I am going to do the very best we can, but there may be 
other things that come up that we are forced to work on. Even though 
the House is gone, certain things they have done, if we decide we have 
the opportunity to do those, we may have to do some of those things.
  I want everyone to know we will do our very best to get out of here 
sometime Wednesday night, but there is no guarantee on that, so I 
wouldn't make plans on Thursday to go golfing or anything like that.

                          ____________________




               FOOD, CONSERVATION, AND ENERGY ACT OF 2008

  Mr. CARDIN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of H.R. 6849, which was received 
from the House.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (H.R. 6849) to amend the commodity provisions of the 
     Food, Conservation, and Energy Act of 2008 to permit 
     producers to aggregate base acres and reconstitute farms to 
     avoid the prohibition on receiving direct payments, counter-
     cyclical payments, or average crop revenue election payments 
     when the sum of the base acres of a farm is 10 acres or less, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I rise today in support of H.R. 6849. 
This important piece of legislation would revise the 2008 farm bill and 
help thousands of Kentucky farmers.
  As many of you may know, the farm bill prohibits producers from 
receiving certain commodity payments on farms of 10 base acres or less. 
Unfortunately, Kentucky has the greatest number of farms that will be 
impacted by this provision. According to the USDA Farm Service Agency 
and the University of Kentucky, one-fourth of Kentucky's farms are 10 
acres or less, which indicates that approximately 20,000 of the 
Commonwealth's 80,000 farms could be affected by this provision. While 
I supported the farm bill, I opposed the inclusion of this program in 
the final legislation.
  Last month, I wrote USDA Secretary Ed Schafer to express my concerns 
regarding USDA's implementation of this provision. I was concerned that 
USDA had interpreted the law in a way that disqualifies farmers with 
more than 10 base acres because that land is not located on a single, 
contiguous tract. As clearly outlined in the Joint Explanatory 
Statement of the Managers that accompanied this legislation, Congress 
intended that USDA allow for aggregation of farms for the purposes of 
determining the suspension of payments on farms with 10 base acres or 
less.
  H.R. 6849 would remedy this issue by suspending this program for the 
2008 crop year. I strongly support this provision since it could lessen 
the impact on my farmers and will perhaps provide encouragement to USDA 
to implement this provision in the manner that Congress intended.
  Mr. CARDIN. I ask unanimous consent that the Harkin-Chambliss 
amendment, which is at the desk, be agreed to; the bill, as amended, be 
read a third time and passed; the motions to reconsider be laid upon 
the table, with no intervening action or debate; and any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5679) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 6849) was read the third time, and passed.

                          ____________________




                           ORDER OF PROCEDURE

  Mr. CARDIN. I ask unanimous consent that the time during recess count 
postcloture.
  The PRESIDING OFFICER. Without objection, it is so ordered.

[[Page 22992]]



                          ____________________




       FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007--Continued

  Mr. CARDIN. Mr. President, I am very pleased that the Senate stands 
poised to approve H.R. 2095, a bill that provides for a new generation 
of rail safety improvements, the reauthorization of Amtrak, and the 
critical Federal funding for the Washington Metro system.
  All three elements of this legislation are essential to bringing 
America's rail into the 21st century. There are many reasons we need to 
do that. We need to do that because it is important for quality of 
life, we need to do that because it is good for our environment, we 
need to do that for energy security, we need to do it because it should 
be an important priority for our Nation.
  Now we are ready to move forward. I wished to focus my comments on 
title VI, which is the National Capital Transportation Amendments, a 
section that incorporates legislation I sponsored to reinvest in the 
Washington Metro system.
  At the outset, I wish to thank my cosponsors, Senators Mikulski, 
Warner, and Webb. This has been a bipartisan regional effort, where we 
have worked together in an effort to come up with the right proposal.
  I noticed a little earlier today that Congressman Tom Davis of 
Virginia was on our floor. I wish to acknowledge his hard work on this 
legislation. He was critically important in getting this legislation 
through and the strategies in order to be able to accomplish an 
opportunity to finally vote on this legislation.
  Along with my colleagues from Maryland and Virginia, Congressman 
Hoyer was very instrumental, and others. Our collective thanks also go 
to the chairman and ranking member of the Homeland Security and 
Government Affairs Committee, Mr. Lieberman and Ms. Collins. They were 
very helpful in moving forward on this bill. I would like to thank also 
the Commerce Committee, Senator Inouye and Senator Stevens and Senator 
Smith for accommodating the strategies so we could actually vote and 
pass the bill during this session.
  A final word of thanks goes to Senator Lautenberg. He has been the 
champion on Amtrak. He has been the real champion to keep us focused on 
modernizing Amtrak and how important passenger rail is to our Nation. I 
wish to thank him for his persistence and for being able to marshal 
this bill through the Congress of the United States.
  The record on the interest of the Federal Government in the 
Washington metropolitan area and transit goes back to 1952, when 
Congress directed the National Capital Regional Planning Council to 
prepare a plan for the movement of goods and people. That plan became 
the basis for the National Capital Transportation Act of 1960, which 
clearly states the Federal interests. From that legislation I quote:

       That Congress finds that an improved transportation system 
     of the Nation's capital region is essential to the continued 
     and effective performance of the functions of the Government 
     of the United States.

  In 1966, Congress created the Washington Metropolitan Area Transit 
Authority, WMATA, to plan, construct, finance, and operate a rapid rail 
system for the region. By any measure, Metro has succeeded beyond 
anyone's expectations. Metro is the second-busiest rapid rail transit 
system in the Nation, carrying the equivalent of the combined subway 
ridership of BART in San Francisco, MARTA in Atlanta, and SEPTA in 
Philadelphia. Metrobus is the fifth most heavily used bus system in the 
Nation. In all, the Metro system moves 1.2 million passengers a day. In 
the fiscal year which ended 3 months ago, 215 million trips were taken 
on Metrorail. That is 7 million more than in 2007.
  In fact, 22 of the 25 Metrorail top ridership days have occurred 
since April of this year. And 133 million trips were taken on Metrobus 
in fiscal year 2008, which is the highest year total ever, an increase 
of 1.4 million relative to 2007.
  But let me get to the Federal Government for one moment, our 
responsibility. Federal facilities are located within footsteps of 35 
of the Metrorail's 86 stations; that is by design. Nearly half the 
Metrorail rush hour riders are Federal employees, nearly 50 percent 
during peak time are Federal employees.
  Approximately 10 percent of Metro's riders use the Metrorail stations 
at the Pentagon, Capitol South or Union Station. In other words, 10 
percent of the ridership is directly related to the Capitol and the 
Pentagon, obviously our responsibility, serving the military, serving 
the Congress.
  GSA's location policy is to site Federal facilities in close 
proximity to Metro stations. It is in their RFP. They put it there. 
They want it to be within walking distances of the Metro. Metrobus is 
available at virtually every Federal facility. Every weekday, 34,000 
bus passengers either arrive or depart from the Pentagon.
  Metro is now a mature system and showing signs of age. That is no 
surprise; 60 percent of Metro's system is now more than 20 years old. 
The average age of our bus facilities is 60 years. It is time we invest 
in modernization of these facilities. Today we act to protect the 
substantial investment the Federal Government and the region have made 
in an asset designed to serve the Federal workforce and the national 
capital region.
  Metro is the only major public transportation in the country without 
a substantial dedicated source of funding. The need to address the 
shortcoming is urgent. That is what this legislation is about. The 
legislation we, hopefully, will pass will put WMATA on firm footing. 
The legislation authorizes $1.5 billion in Federal funds over 10 years. 
For every Federal dollar, Metro's funding partners in Maryland, 
Virginia, the District of Columbia will put up an equal match from 
dedicated funding sources. We finally get the dedicated funding sources 
Metro needs.
  The bill contains important financial safeguards. It establishes an 
Office of Inspector General for WMATA and expands the board of 
directors to include Federal Government appointees.
  Also included in the bill is a provision that will improve cell phone 
coverage within the Metro subway system. I am sure that is going to 
make some of my colleagues happy that their cell phones will work on 
the Metro. Within 1 year, the 20 busiest rail station platforms will be 
required to have cell phone access. That requirement will go systemwide 
within 4 years.
  WMATA can charge licensed wireless providers for access. This is a 
classic win-win situation, providing customers with enhanced service, 
giving riders an extra level of security in the event of a national or 
regional emergency, and giving the Transit Authority a much-needed 
revenue flow.
  We have a great opportunity today to advance passenger rail service 
and safety in America, and transit in the Nation's Capital. Today, the 
Senate is taking a major step in putting Metro back on track. That is 
good for Washington, that is good for America and I thank my colleagues 
and I urge them to support the final passage of this legislation.
  Mr. WARNER. Would the Senator yield?
  Mr. CARDIN. I would be happy to yield to Senator Warner, who has been 
the real champion on this issue. I mentioned earlier in my remarks the 
tremendous leadership that Senator Warner provided in not only 
supporting this legislation and what he has done as far as regional 
issues in Washington but figuring a strategy so we could reach this 
moment. I congratulate him.
  Mr. WARNER. I was simply going to rise to say that the portion of the 
legislation we voted upon relating to the Metro is derivative of your 
regulation which you, and I was privileged to be a cosponsor, Senator 
Webb was a cosponsor, Senator Mikulski, the four of us put in. So 
although it may not be the exact bill number, it is, in fact, building 
on the foundation you laid.
  I thank you very much for that, as do all our colleagues, every one 
of whom have people who utilize this system, the whole Federal 
Government.
  But the important thing is, the District of Columbia can look to the 
Senators from Maryland, Virginia, and indeed the Members of the 
Congress and

[[Page 22993]]

the House of Representatives, from time to time, to serve its 
interests. This is one which is very important, if not vital, to our 
Nation's Capital. I compliment the Senator for his leadership. As I 
leave the Senate, whatever modest mantle I have in this area, I convey 
to you and to Senator Webb and Senator Mikulski.
  Mr. CARDIN. Senator, you have been an inspiration to all of us on 
these issues and a model for how we should work together on regional 
issues. I congratulate you for a great record in the Senate.
  Mr. WARNER. Thank you. I have been a lucky man.
  The PRESIDING OFFICER. The Senator from Delaware is recognized.


                         Tribute to John Warner

  Mr. CARPER. I say to my leader, from my days as a naval flight 
officer, how privileged I have been having served in Southeast Asia, to 
serve under his leadership when he was Secretary of the Navy and I was 
a young naval flight officer, pleased to serve under his leadership 
then, and delighted to be able to follow his leadership here again 
today on the important legislation we have been voting and debating 
here.
  I wish to comment on what Senator Cardin said. You provided an 
example for us. You provided an example for us how we are supposed to 
treat other people. You treat other people the way you wish to be 
treated. You are an embodiment of the Golden Rule.
  If you look in the Bible, it talks about the two great commandments. 
The second one is to love they neighbor as thyself; treat other people 
the way you want to be treated. You certainly embody that. I, 
personally, am going to miss you. I know a lot of others are as well.
  You talk about passing the mantle to Senator Cardin. Your mantle is 
so heavy, it is amazing to me you can even walk around, all you have 
done and all you have accomplished.
  But you are the best. It has been an honor to serve with you, again, 
here in this capacity.
  Mr. WARNER. Mr. President, I thank my good friend and colleague from 
Delaware. You mentioned naval aviation. It requires an extraordinary 
person to go into that program to fly those aircraft. I believe yours 
was a P-2; was it not?
  Mr. CARPER. It was a P-3.
  Mr. WARNER. I remember that airplane. It flew many missions. Your 
primary mission was watching the Soviets, I repeat the Soviet Navy, and 
its submarines operating off the shore and was vital to our security, 
to track and know where those submarines were because they had missile 
armaments which could inflict great harm on this country.
  So I commend you, sir, for your service and I humbly thank you for 
your remarks.
  Mr. CARPER. Mr. President, I would like to talk a little bit about 
the legislation Senator Warner, Senator Cardin, Senator Lautenberg, and 
others have crafted. It has been described as legislation that will 
accomplish three things: One, to eventually provide better transit 
service for folks in this part of the country, to help--whether you 
happen to work here, live here or visit here, the opportunity in years 
ahead, to get out of our cars, trucks and vans, leave them wherever 
they are, at home, in the parking lot or at work and take transit.
  It will help the quality of our air. It will help reduce congestion 
in this part of our country. It will reduce our reliance on foreign 
oil. It works on all different kinds of levels.
  I know Senator Warner has done good work, along with Senators Cardin 
and Mikulski and Senator Webb. I also wished to say to Senator 
Lautenberg how much I appreciate his leadership in crafting the 
legislation, the Amtrak legislation, the rail safety legislation that 
is before us today.
  On the rail safety legislation, this is the first time in 10 years 
that we have actually come back and taken up a major reform of rail 
safety. The legislation provides some money--about $1.5 billion--for 
rail safety programs over the next 5 years.
  The best thing it does is with respect to something called positive 
train control systems. A terrible accident, a commuter train and 
freight train accident out in California earlier this month, could have 
been prevented had those trains been fitted with--especially, the 
commuter rail train--a positive train control system. This legislation 
requires the installation of that kind of system in all trains by the 
year 2015. I would argue that it should be sooner. My hope is it will 
be in a number of trains before that date, but it should be on all 
trains by that date. In the situation in California, apparently the 
engineer may have been text messaging and missed a stop signal, ran the 
stop signal and ran right into a freight train, killed a lot of people, 
including him. Had we had this positive train control system in place, 
all that damage and heartache would have been spared.
  Another major provision of this legislation on the rail safety side 
deals with hours of service. I used to think we flew a lot of hours. I 
spent a lot of time when I was on Active Duty in the Navy. People who 
work on trains spend a lot of time operating the trains as well. 
Currently, they are able to work up to 400 hours per month. Under 
current law, they are allowed to work up to 400 hundred hours per month 
compared to about 100 hours for commercial airline pilots. This 
legislation drops that limit by about a third, down to around 275 hours 
per month. That is still a lot of hours to work in a month but better 
than what they had been working with for years.
  The last piece I want to mention on rail safety deals with the 
highway-rail grade crossing. This is a case where you don't have a rail 
overpass or a road going under a railroad bridge but a situation where 
you have the rail and the highway meeting at the same level. This 
legislation requires the 10 States with the most highway-rail grade 
crossing collisions to develop plans to address the problem within a 
year of enactment. It also requires each railroad to submit information 
to an inventory of highway-rail crossings, including information about 
warning devices and signage.
  In short, this legislation is going to save lives. It is going to 
save money. It is going to provide a much better situation for people 
who are running and operating trains, people who are traveling on 
trains, and for those of us who are driving around in our cars, trucks, 
and vans, trying to get across a rail crossing.
  Next I would like to turn to Amtrak, an issue that is near and dear 
to my heart. In our State, we have a lot of folks who take the train. 
Amtrak has a train station in Wilmington, DE, and that train station is 
about the 11th or 12th busiest in the country. A lot of people depend 
on Amtrak in my State, as they do up and down the Northeast corridor.
  I used to serve on the Amtrak board of directors when I was Governor 
of Delaware. I rode Amtrak as a passenger. As someone who represents a 
State where we do a lot of repairs on locomotives, we do a lot of the 
repair work on the passenger and dining cars and so forth, I wanted to 
talk in sort of broad terms about this legislation.
  Mr. President, what is the situation with the time?
  The PRESIDING OFFICER. The Senate has an order to recess at 1:30.
  Mr. CARPER. In that case, we better recess. I will have the 
opportunity later to pick up my remarks and talk about the Amtrak 
provisions in this bill.
  I thank the Chair.

                          ____________________




                                 RECESS

  The PRESIDING OFFICER. The Senate stands in recess until 2:30.
  Thereupon, at 1:33 p.m., the Senate recessed until 2:30 p.m. and 
reassembled when called to order by the Presiding Officer (Mr. Tester.)

                          ____________________




            FEDERAL RAILROAD SAFETY IMPROVEMENT ACT OF 2007

  Mr. BARRASSO. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.

[[Page 22994]]


  Mr. WEBB. 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. WEBB. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                          Tribute To Senators

  Mr. WEBB. Mr. President, I know this afternoon at some point the 
majority leader intends to speak about the service of a number of the 
Members of this body who are going to be retiring at the end of the 
year. But seeing that people are elsewhere right now, I thought I might 
seize this moment and say a few words about two of my Republican 
colleagues with whom I have had long relationships, and both of whom I 
respect a great deal, and to wish both of them success as they leave 
this body.


                          Senator John Warner

  The first is Senator John Warner. Right now, with the situation 
facing this country, we are in more turmoil, we are facing greater 
problems than at any time, probably, since the combination of the Great 
Depression and the end of World War II. We need people who are willing 
to work to solve the problems of this country rather than simply 
falling back into partisan rhetoric or simple party loyalties.
  I think it can fairly be said that throughout his lifetime of 
service, and particularly his service in politics, there is one thing 
everyone can agree on about John Warner: He has always put the 
interests of the people of Virginia and the people of this country 
ahead of political party. He has been very clear at different times 
that he and I are in different parties. But this is an individual who 
has served this body with great wisdom and a deeply ingrained sense of 
fairness, and someone who has the temperament and the moral courage of 
a great leader.
  Our senior Senator has a history and a family heritage involving 
public service. If you go into Senator Warner's office, you will see a 
picture of a great-uncle who lost his arm serving in the War Between 
the States. His father was an Army doctor who participated in some of 
the most difficult campaigns of World War I. Senator Warner himself 
enlisted at the age of 17 in the Navy toward the end of World War II 
and was able to take advantage of the GI bill to go to college. Then 
when the Korean war came about, he joined the Marine Corps, went to 
Korea as an officer of marines, and, in fact, remained as a member of 
the Marine Corps Reserve for some period of time.
  He, as most of us know, gave great service in a civilian capacity in 
the Pentagon. He had more than 5 years in the Pentagon, first as Under 
Secretary of the Navy, and then as Secretary of the Navy, and after 
leaving as Secretary of the Navy, was the official responsible for 
putting together our bicentennial celebrations in 1976.
  I first came to know John Warner my last year in the Marine Corps 
when I was a 25-year-old captain and was assigned, after having served 
in Vietnam, as a member of the Secretary of the Navy's staff. John 
Warner was the Under Secretary at the time. John Chafee--later also to 
serve in this body--was the Secretary. Then, toward the end of my time 
in the Marine Corps, John Warner was the Secretary of the Navy and, in 
fact, retired me from the Marine Corps in front of his desk when he was 
Secretary of the Navy. I have been privileged to know him since that 
time.
  I was privileged to follow him in the Pentagon, when I spent 5 years 
in the Pentagon and also was able to serve as Secretary of the Navy.
  Shortly after I was elected to this body, Senator Warner and I sat 
down and worked out a relationship that I think, hopefully, can serve 
as a model for people who want to serve the country and solve the 
problems that exist, even if they are on different sides of this 
Chamber. We figured out what we were not going to agree upon, and then 
we figured out what we were going to be able to agree upon. I think it 
is a model of bipartisan cooperation on a wide range of issues, ranging 
from the nomination of Federal judges, to critical infrastructure 
projects in the Commonwealth of Virginia, to issues facing our men and 
women in uniform, to issues of national policy.
  It has been a great inspiration for me, it has been a great privilege 
for me to be able to work with Senator Warner over these past 2 years.
  Last week was a good example of how bipartisan cooperation, looking 
to the common good, can bring about good results when Judge Anthony 
Trenga made it through the confirmation process, an individual whom 
Senator Warner and I had interviewed and jointly recommended both to 
the White House and to the Judiciary Committee.
  I am particularly mindful--I see the Senator; the senior Senator has 
joined us on the floor--I particularly am mindful of the journey I took 
upon myself my first day as a Member of the Senate when I introduced a 
piece of legislation designed to give those who have been serving since 
9/11 the same educational opportunities as the men and women who served 
during World War II.
  Perhaps the key moment in that journey, which over 16 months 
eventually allowed us to have 58 cosponsors of that legislation, 
including 11 Republicans, was when Senator Warner stepped across the 
aisle and joined me as a principal cosponsor, and we developed four 
lead sponsors on that legislation--two Republicans, two Democrats; two 
World War II veterans, two Vietnam veterans--that enabled us to get the 
broad support of the Congress and eventually pass that legislation. 
History is going to remember John Warner as a man who accomplished much 
here during his distinguished tenure. He was the first Virginia Senator 
to support an African American for the Federal bench. He was the first 
to support a woman. He was the first Virginia Senator to offer 
wilderness legislation. Senator Warner has never wavered in his 
determination to do what is right for America, even when it caused him 
from time to time to break with the leadership of his own party.
  There are important legacies, but perhaps more than anything else, we 
will remember Senator John Warner's tenure here as having been a 
positive force for the people who serve in uniform. There is not a 
person serving in the U.S. military today or who has served over the 
past 30 years whose life has not been touched by the leadership and the 
policies of John Warner and whose military service has not been better 
for the fact that Senator Warner, as a veteran, as someone who has 
served in the Pentagon, and as someone who served on the Armed Services 
Committee, understood the dynamic under which they had to live, 
understood the challenges they had to face when they served, and 
understood the gravity of the cost of military service. Senator John 
Warner has stood second to none in protecting our troops and their way 
of life.
  When John Warner announced his retirement 13 months ago on the 
grounds of the University of Virginia, he reminded us that at the end 
of the day, public service is a rare privilege. In my work with him 
over these many years, and particularly over the last 2 years, I can 
attest to the fact that he certainly approaches this work in that 
humble spirit.
  So on behalf of the people of Virginia and all those who have worn 
the uniform of the United States in the past 30 years, I wish to thank 
Senator Warner for his exceptionally talented leadership and all he has 
done and his staff has done for our State and for our country. This 
institution will miss John Warner, his kindness, his humility, his 
wisdom, and his dedicated service. I know we in Virginia will continue 
to benefit from his advice and his counsel for many years to come.


                              Chuck Hagel

  Mr. President, I also wish to say a few words today about Senator 
Chuck Hagel, who will be leaving this body.
  Chuck Hagel and I have known each other for more than 30 years. We 
both came to Washington as young Vietnam veterans, determined to try to 
take care of the readjustment needs of those who had served in Vietnam. 
Senator Hagel had been an infantry sergeant in Vietnam; wounded, came 
up, worked in

[[Page 22995]]

the Senate for awhile, became a high-ranking official in the Veterans' 
Administration. He later ran the USO before he came to this body. He is 
known in this body as an expert on foreign affairs.
  Again, as with Senator John Warner, he is someone who puts country 
first, who puts the needs of the people who do the hard work of society 
first. It has been a rare privilege for me to have made a journey with 
someone, beginning in the same spot in the late 1970s and ending up 
here in the Senate. I know this country will hear more from Chuck Hagel 
in the future. I certainly wish him well.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The senior Senator from Virginia is 
recognized.
  Mr. WARNER. Mr. President, I am very deeply moved by this moment. As 
a matter of fact, now--this is just a month or so short of 30 years--I 
can't think of another opportunity or moment in the Senate when I have 
been so moved and so grateful to a fellow Senator. I have served with 
five individuals, you being the fifth now, in the Senate to come from 
Virginia, to form the team we have all had, some different in different 
ways, but generally speaking, Virginia's two Senators have worked 
together on behalf of not only the Commonwealth but what is best for 
the United States.
  I remember one time so vividly we stood together here at the desk on 
a rather complex issue, and there were clear political reasons for us 
to vote in a certain way. But you turned to me and you asked what I was 
going to do, and I replied, and you said: That is what I will do 
because that is in the best interest of the country though it may not 
be politically to our benefit, or possibly to our State. But that is 
this fine man whom I finished my career in the Senate with as my full 
partner and, most importantly, my deep and respected friend. Our 
relationship, as you so stated, started many years ago--over 30--when 
we worked with the Navy Secretary together.
  You mentioned Vietnam. To this day, I think about that chapter in my 
life. I remember John Chafee, whom I am sure you recall very well. He 
and I one time were asked to go down to the Mall. The Secretary of 
Defense sent us down there, and we put on old clothes and went down, 
and there were a million young men and women--over a million--
expressing their concerns about the loss of life, the war in Vietnam, 
and how the leadership of this country had not given, I believe, the 
fullest of support to those such as yourself, Senator, and Senator 
Hagel, who fought so valiantly and courageously in that war.
  In the years I have been privileged since that time to serve here in 
the Senate--I might add a footnote that Senator Chafee or then-
Secretary of the Navy Chafee, and I was Under Secretary--went back 
directly to the Secretary of Defense and sat in his office, and that 
was sort of the beginning of the concept of ``Vietnamization'' when we 
tried to lay those plans to bring our forces home.
  But anyway, in the years that passed, I remember so well working with 
Senator Mathias on the original legislation to establish the Vietnam 
Veterans Memorial. I felt strongly that it would be some tribute 
fitting to the men and women who served, as you did, so valiantly 
during that period. I think time has proven that while there was 
enormous controversy about that memorial, it has in a very significant 
measure helped those families and others who bore the brunt of that 
conflict, you being among them.
  I thank the Senator from Virginia for working together this short 
period we have been here. As I leave, I leave with a sense of knowing 
that for our Virginia, but perhaps even more importantly, for the 
United States of America, there is one man in Senator Webb who will 
always do what is right for his country and will fear absolutely no one 
in trying to carry out that mission. Whether it be a vote or a piece of 
legislation, or whatever it may be, he will persevere. He showed that 
on the GI bill legislation.
  I was privileged, as I might say, just to be a corporal in your squad 
on that, but you led that squad with the same courage that you fought 
with in Vietnam and that you will fight with today and tomorrow and so 
long as you are a Member of the Senate. I hope perhaps maybe you might 
exceed my career of 30 years in the Senate, and that wonderful family 
of yours will give you the support my family--my lovely wife today and 
my children--has given me so that I could serve here in the Senate.
  America will always look down on you as a proud son. I don't know 
what the future may be, but I know there are further steps of greatness 
that you will achieve, Senator. I wish you the best of luck from the 
depths of my heart. I thank you for these words today, similar to words 
we have shared, both of us, in speaking of our working partnership here 
in the Senate. I thank you, sir. I salute you.
  Mr. President, I yield the floor.
  Mr. WEBB. Mr. President, if I might address the senior Senator 
through the Chair, it is a rare opportunity to say something like this 
on the Senate floor, but I will reiterate my appreciation for the 
leadership the senior Senator from Virginia has shown in my case since 
1971--it is hard to believe--as an example, the example he has set here 
in the Senate for 30 years in terms of how to conduct the business of 
Government. I can think of no one whom I would rather have shared the 
past 2 years with in terms of learning the business of the Senate and 
having something of a handoff here in terms of how we take care of the 
good people of the Commonwealth of Virginia. There is only one other 
person in this body I can say these words to, but I say them from my 
heart: Semper fidelis, John Warner. Thank you very much.
  Mr. WARNER. I thank you.
  Mr. WEBB. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. HARKIN. 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. HARKIN. Mr. President, parliamentary inquiry: Is the Senate in 
morning business?
  The PRESIDING OFFICER. The Senate is postcloture on the motion to 
concur.


                Christopher and Dana Reeve Paralysis Act

  Mr. HARKIN. Mr. President, I come to the Senate floor with a heavy 
heart and a clear purpose. Last Thursday would have been the 56th 
birthday of a great actor, a devoted father and husband, Christopher 
Reeve. Many Americans got to know Christopher Reeve when he put on that 
blue and red uniform of Superman and acted in so many Superman roles. 
He was also on television and stage. So we always think of Christopher 
Reeve as the first Superman.
  Then, in May of 1995, Christopher Reeve was involved in an equestrian 
accident. He was riding a horse and got pitched off the horse. He 
suffered injuries to his spinal column, starting in his neck, which 
left him paralyzed from the neck down.
  In the years following the accident, Christopher Reeve not only put a 
face on spinal cord injury for so many, but he motivated 
neuroscientists around the world to conquer the most complex diseases 
of the brain and the central nervous system.
  Even before I met Mr. Reeve in 1998, I was a big admirer. Of course, 
I liked Superman movies. Then I watched what he did after he had been 
paralyzed. After the accident, he could afford the very best doctors 
and nurses, the best caregivers and therapies. He could have just 
withdrawn into himself, focused on his own well-being which was a full-
time job in and of itself.
  Christopher Reeve made a different choice that defined him as a great 
human being. He chose to become the man whom I first met in 1998 when 
he first testified before the Senate Appropriations Subcommittee on 
Labor, Health, Human Services, and Education on which I was a ranking 
member at that time. I had been chairman

[[Page 22996]]

before and then Senator Specter was ranking. In 1998, Senator Specter 
was chairman of that subcommittee. Mr. Reeve came on a mission to give 
hope and help to other people with disabilities and thus became a kind 
of real-life hero to people around the world.
  Later on, I got to know Christopher Reeve as a friend, someone who 
had an impish sense of humor, a great smile, was warm and personable. 
He spent all of his waking time, days, thinking about and getting 
information about spinal cord injuries, research that had been done, 
how it was being researched here and in other parts of the world, at 
the same time finding time to direct a movie.
  Christopher Reeve began to inform me and others on the committee that 
the kind of research we were doing into spinal cord paralysis was 
disjointed; it was not well put together. Then he went on a mission to 
think about, with others--with scientists and researchers and those of 
us in the Senate and the House--how we might accomplish pulling this 
research together in a more unified structure.
  In 2002, I first introduced the Christopher Reeve Paralysis Act with 
bipartisan cosponsors. The bill has passed the House twice, but we have 
never succeeded in passing it here.
  As I said, it is a bipartisan bill. It addresses the critical need to 
accelerate the discovery of better treatments and one day a cure for 
paralysis. As I said, currently paralysis research is carried out 
across multiple disciplines with no effective means of coordination or 
collaboration. Time, effort, and valuable research dollars are used 
inefficiently because of this problem. Families affected by paralysis 
are often unaware of critical research results, information about 
clinical trials, and best practices.
  This bill will improve the long-term health prospects of people with 
paralysis and other disabilities by improving access to services, 
providing information and support to caregivers and their families, 
developing assistive technology, providing employment assistance, and 
encouraging wellness among those with paralysis.
  In August of last year, the Health, Education, Labor, and Pensions 
Committee cleared this bill for full Senate consideration. Two months 
after that, our colleagues in the House passed the bill unanimously by 
voice vote. Yet for the last 12 months, this bill has languished in the 
Senate, as I understand it, due to the objections of one Senator, my 
friend, the junior Senator from Oklahoma. At least that is what I am 
told. I could be corrected, but that is what I am told.
  In the past, I have heard the Senator from Oklahoma question our role 
in promoting health legislation because he has said sometimes in the 
past that too often we get caught up in one cause or another pushed by 
a celebrity and other worthwhile causes get left behind because they 
don't have someone famous out there pushing for them. I guess once in a 
while I might agree with that point. But even though this legislation 
has Christopher and Dana Reeve's names behind it, it was really written 
for the thousands of ordinary Americans living with paralysis and 
spinal cord injuries and their families and friends who pushed the 
cause of improved research and treatment.
  I want to read a couple of stories of Americans today. One story 
belongs to Marilyn Smith of Hood River, OR. She is one of the many 
paralysis advocates who volunteer their time through the Unite to Fight 
Paralysis organization. She took the time recently to share her story 
with me. I want to read a portion of it for the Record. Here is what 
Marilyn said:

       Paralysis doesn't just happen to an individual, it happens 
     to a family. In December of 2002, our son became a 
     quadriplegic when a careless driver failed to tighten the lug 
     nuts on one of his wheels. It came off and flew into our 
     son's pickup, shattering his cervical vertebra. Our family 
     was thrown into physical, emotional and financial chaos. We 
     have done the best we could after this calamity, but our 
     lives will never be the same. As parents, our greatest wish 
     before we pass on is to see our son's health restored. We 
     have traveled from Oregon to Washington, DC, for 4 straight 
     years to lobby for passage of the Christopher and Dana Reeve 
     Paralysis Act, a well-crafted piece of legislation with 
     bipartisan support that will make a measurable difference in 
     our lives.

  I think Marilyn's story underscores the tremendous cost paralysis 
imposes on families. The Spinal Cord Injuries and Illness Center at the 
University of Alabama Birmingham has done a lot of work to quantify 
that cost. I believe their findings might surprise some of my 
colleagues.
  According to the Spinal Cord Injury and Illness Center, the first-
year cost of an injury to the C-1, C-4 vertebrae is upwards of 
$683,000, with costs in each subsequent year averaging out at more than 
$120,000. Think about that for a moment. That figure represents a cost 
of personal care attendants, medical treatment and therapy, 
transportation, and all the necessary modifications made to one's home.
  Leo Halland of Yankton, ND, knows this cost all too well. He has been 
living with paralysis for the past 32 years. He, too, has a story to 
tell. I will read a short selection from a letter he sent over the 
weekend. He said:

       I know there is much in life I will never understand, and 
     now near the top of that list are: One, how a single Senator 
     can stop a piece of good legislation; and, two, how some of 
     his colleagues can support those efforts. Failure to act on 
     this legislation is doing great medical harm.

  I just have to say, frankly, I am surprised there continues to be an 
objection to moving this bill. I negotiated this bill with my 
Republican colleagues before it was marked up in the HELP Committee in 
July of last year. During the course of those negotiations, we received 
through Senator Enzi, who is the ranking member of that committee, 
specific requests to, one, remove authorizations for the titles related 
to the National Institute for Health Research. In the interest of 
getting legislation passed, we accepted this change. We removed the NIH 
reporting provisions in response to concerns that they were duplicative 
of reporting requirements in the NIH reauthorization legislation. So we 
took that out.
  We responded to all of the feedback from the Department of Health and 
Human Services and the NIH by incorporating both substantive and 
technical changes they wanted.
  At that point, we were assured there were no more objections, and the 
bill passed out of our committee with no amendments and no objections. 
We just passed it out of committee.
  So given all of the efforts we made to meet concerns raised by 
Senators on the other side of the aisle, and given that Senators had an 
opportunity to file amendments at that time in the committee but chose 
not to, I had every expectation that the bill would pass the full 
Senate. Instead, it continues to be held due to one Republican 
objection. This bill is long overdue for passage.
  When I introduced the bill 17 months ago, Dr. Elias Zerhouni, the 
Director of the NIH, spoke at a rally in support of the bill. They had 
suggestions on some changes which we did. But he spoke in support of 
the bill. Here is something Dr. Zerhouni said that day:

       So really as the Director of an institution that is 
     committed to making the discoveries that will make a 
     difference in people's lives, I feel proud and I feel 
     pleased. But at the same time, I'm humbled. I'm humbled 
     because in many ways [the Christopher and Dana Reeve 
     Paralysis Act] is the harbinger of what I see as the 
     combination of the public, the leadership in Congress, and 
     the administration and government in our country that is 
     absolutely unique, and humbled because at the same time, I 
     know it contains a lot of expectations from us. And I am at 
     the same time confident that we can deliver on these 
     expectations of NIH, with our sister agencies throughout the 
     government. But the key thing I would like to provide is an 
     expression of commitment. At the end of the day, if you do 
     not have leaders and champions that look at a problem in its 
     entirety, today in the 21st century, you cannot make 
     progress.

  That was Dr. Zerhouni. I wholeheartedly agree with him. You have to 
look at it in its entirety. Progress is vital in science and biomedical 
research. It is also important in the legislative process. As Senators, 
of course, we have a duty to ensure due diligence in considering 
legislation. That is one of our responsibilities. But to keep this bill 
from getting an up-or-down vote, despite strong support from both sides

[[Page 22997]]

of the aisle, and the fact that the House passed it unanimously, I am 
not certain that is exercising due diligence. I don't know what it is 
called, but I don't know if that is due diligence.
  Brooke Ellison of Stony Brook, NY, is another passionate advocate. 
She was paralyzed from the neck down when she was 7 years old after she 
was struck by a car while walking home from the first day of school. 
She is now 25 years old. In the years since her accident, she has 
graduated from college--Harvard--with an undergraduate degree and a 
master's degree, and founded the Brooke Ellison Project for those 
facing paralysis and adversity, and she asked me to pass along these 
words.

       I have seen up close and in person how very quickly any one 
     of our lives can change and we find ourselves facing 
     challenges unlike anything we may have expected. Eighteen 
     years ago, I learned this lesson in a personal and profound 
     way. Yet each day, an increasing number of people find 
     themselves in similar circumstances, and we need to do all we 
     can to alleviate their suffering. Christopher Reeve lived his 
     life as a testament to helping to reduce the challenges 
     people suffering from paralysis face. The Christopher and 
     Dana Reeve Paralysis Act is critical to changing the fate, 
     and sometimes even dire conditions, that millions of people 
     face. And the events in my life have shown me all too clearly 
     how essential it is to be passed.

  I wish to be clear; by putting this bill on hold, we are also putting 
Brooke Ellison and Leo Hallan and other people living in paralysis on 
hold. It tells the more than 400 Iraq war veterans who have returned 
with spinal cord injuries that they are on hold. It puts the needs of 
Bethany Winkler from Yukon on hold. She has been paralyzed for 7 years, 
since falling in an accident. She has taken the time to come to 
Washington to lobby for this legislation. I met Bethany in the past, 
and I can testify to what a passionate and effective advocate she is 
for the cause of paralysis research and care.
  Although we often find ourselves on different sides of the table, I 
wish to say publicly I respect the fact that Senator Coburn believes 
strongly this legislation inappropriately grows the size of the Federal 
Government. I have heard that stated. I see my friend is on the floor, 
and he can state it if he wants. But if that is the case, I wish to say 
I disagree with that assessment. I am on the Appropriations Committee, 
sure, but I am on an authorizing committee as well, and this 
legislation appropriates no money for paralysis research. It doesn't 
appropriate any money for care or quality-of-life programs. It simply 
says we authorize funding for programs. So they still have to be funded 
through the regular appropriations process.
  So I come down to the floor with renewed hope. This past week, the 
Senate passed several bills by unanimous consent with new authorization 
for Federal spending. Two of those bills, the Drug Endangered Children 
Act and the Emmett Till Unsolved Civil Rights Crime Act, which were 
also being held up, and again were authorizations for appropriations, 
received unanimous consent and were passed. So I have come to the floor 
today, and as soon as I finish, in another page or two, I will ask 
unanimous consent that the Christopher and Dana Reeve Paralysis Act 
pass.
  But I am going to give two more cases. One is from Donna Sullivan, 
another of the many concerned advocates for paralysis research and 
care. Donna is fighting not for herself but for her son, and here is 
what she said:

       Three years ago, my son was the lone survivor of an 
     airplane crash. His injuries were extensive, and my heart 
     literally felt as if it was broken. After numerous operations 
     and procedures, under the care of well-trained doctors in 
     three States, he has overcome all of his injuries except for 
     one, it is his spinal cord injury, which waits for science to 
     move forward and allow him further recovery.
       Together, we have attended research symposiums and visited 
     our legislators in Washington, DC, to share our story and the 
     promise that research holds. It is our hope that the Senate 
     will join others who understand the potential and release 
     this bill. When you understand the potential paralysis 
     research holds, it is difficult to ignore, and it is 
     difficult for me to accept that some do.

  Christopher Reeve spoke up passionately for people such as Donna 
Sullivan and her son. Christopher Reeve's untimely death in 2004 robbed 
the paralysis community of its most passionate and effective advocate. 
As we know, his widow, wife Dana, continued her husband's quest until 
her untimely death in 2006 of lung cancer. Across the country, 
thousands of ordinary Americans, whose lives have been touched by 
paralysis, have taken up Christopher and Dana Reeve's advocacy work at 
great cost to their health and wealth.
  Well, I have one last story I have to share with you. It has to do 
with a young man--a big kid; strong. His dad had been in the Navy in 
World War II and imbued that in each of his kids. Each kid went in the 
military--different branches. But this one kid, Kelly--big Irish kid--
he went in the Navy. He went in the Navy. He went to work on an 
aircraft carrier. He was one of the launch people, an enlisted guy on 
the deck of an aircraft carrier.
  They were cruising off the coast of Vietnam. Unbeknownst to Kelly, on 
one of the planes--it was an A-6 Intruder--the pilot had run up his 
engine. The intakes on an A-6 are on the bottom. They are big intakes. 
He was not supposed to have run up his engine, but he ran up his engine 
to 100 percent of power. Kelly, doing his job, got too close to the 
intake and got sucked into the intake. He had a hard hat on--his Mickey 
Mouse ears and his hard hat on--and evidently the pilot, through later 
investigations, saw something going wrong with his engine, heard a thud 
in his plane, and pulled the power back. Someone saw Kelly's feet 
sticking out of the intake, and they got people up there and rushed him 
down to the infirmary on the ship and then put him in some kind of 
traction thing, got him off the ship, and got him back to the States.
  I will never forget the day my sister called me about Kelly. It was 
my nephew. When my sister called me, I was a Member of the House of 
Representatives, and she called me up to see what I could do to help. 
She was extremely distraught, as you can imagine. Kelly was 20 years 
old and had his life ahead of him. So I went to work, as any 
Congressman would, for my family, and I got him in at the VA hospital 
out in California, near Stanford, and that is the first time I flew out 
to see him. He was quadriplegic at the time. He couldn't move anything.
  I can remember walking in there and seeing this kid--and I don't mean 
to be overly maudlin about this, but you see, I was a Navy pilot. I 
used to fly my plane around a lot of times, and these kids always 
looked up to their father because he was in the Navy and I was in the 
Navy. I was a Navy pilot. I still have pictures of my jet and young 
Kelly as a kid sitting in the cockpit of my jet with my helmet on 
dreaming that someday he, too, would do something such as that. So I 
kind of felt a lot of responsibility for this because I had encouraged 
him to get into the Navy, to go into aviation, to do things with 
airplanes.
  I will never forget the first time I saw him lying in that hospital 
bed at Stanford--I think that is right, the Stanford VA hospital--and 
the look on his face. I mean, this kid was scared. He couldn't move 
anything, and he was wondering what was going to happen to him.
  Well, he had good medical care, and the good news is that over some 
years he actually got the use of his arms back, through sheer will and 
determination. And through those years he then went back to school. I 
remember how tough it was for him, using a wheelchair to get around on 
campus. That was before the Americans with Disabilities Act. That was 
before we had ramps and widened doorways and things such as that. This 
was in the 1980s when he was going to school.
  I remember his father building him ramps and stuff so he could get in 
and out of places and learn how to live. Well, that happened 28 years 
ago--28 years ago. Now, the good news is Kelly is alive and well. He 
lives by himself, in his own home, and has a van that has all these 
automatic lifts that put him into the van so he can drive himself 
around. He can't use the lower half of his body, but he can drive 
around.
  He started a small business and he is very self-sufficient. I saw 
Kelly--well, whenever the Democratic Convention was--because he lives 
in Colorado, and

[[Page 22998]]

so I went to see him. We were talking about this and that, a lot of 
things, and I can't begin to tell you what a profound effect 
Christopher Reeve had on my nephew's life. It seemed as though all of a 
sudden there was someone like him, who was big and strapping and full 
of life, with a lot of energy, and then one accident and that is it. So 
I could see Kelly could identify with someone such as a Christopher 
Reeve, a healthy, strong, vibrant man, and suddenly one accident and 
that is it. So he followed him. Kelly is on the computer, on the 
Internet, and he follows research all the time. During this period of 
time in the late 1990s, he became more and more encouraged by what 
Christopher Reeve was doing and how he was pulling all this stuff 
together. He kept asking me about it: What are you guys going to do? 
Are you going to pass this? Are you going to do something about 
paralysis research? Kelly follows this today to the nth degree.
  Then Christopher Reeve passed away, and then his wife. I saw my 
nephew Kelly out in Colorado last month. Once again he asked me, he 
said: Are you going to get that bill passed or not?
  I said: I don't know. I will try. I am still trying.
  Of course he knows all about this. He knows it passed the House. He 
follows all this. He just wondered what the problem was.
  I said: A person has a hold on it.
  Can't you bring it up, do this?
  I don't know if we can bring it up or not--go through cloture and 
debate and all that kind of stuff. I don't know. He reminded me it 
passed the House. I said: I know that, it passed the House unanimously. 
It passed out of our committee.
  So I told Kelly when I saw him in August: We will come back in 
September and I will try another go at it and we will see what happens. 
I hope we get it passed.
  Here we have the medical community, in the personage of Dr. Zerhouni, 
saying this does what we should be doing, bringing everything together, 
coordinating it. It authorizes appropriations but doesn't appropriate 
any money.
  I can tell you, it is not just because there was a famous person 
behind it. There are people such as my nephew Kelly all over the United 
States who are wondering, are we going to pursue this? I don't like to 
give anyone false hope. My nephew is a realistic person. He has lived 
with this for 28 years now. But he still believes strongly that we 
ought to be pushing the frontiers and that we ought to be doing 
everything we can to promote research, of course--obviously into 
paralysis, because that is what affects him. If anybody wants to talk 
about this and what needs to be done, he can talk about it at greater 
length and in more depth and understanding than can I.
  I was not going to do this until my colleague from Oklahoma came to 
the floor. I see him here. All I say is I hope we can move this bill. I 
am hopeful, after looking it over and understanding we do not 
appropriate any money, and looking at what we did with a couple of 
other bills earlier, we can get this bill through. I will be glad to 
engage in any colloquies such as that.


                   Unanimous Consent Request--S. 1183

  I am constrained to ask unanimous consent the Senate proceed to the 
immediate consideration of Calendar No. 326, S. 1183, the Christopher 
and Dana Reeve Paralysis Act, that the committee substitute amendment 
be agreed to, the bill as amended be read a third time and passed, and 
the motions to reconsider be laid upon the table, with no intervening 
action or debate.
  The PRESIDING OFFICER. Is there objection?
  Mr. COBURN. Reserving the right to object, first let me say to my 
colleague, I know he is dedicated to this cause. It is an important 
cause. I have four basic problems with what we are doing here.
  We did negotiate this bill. I also expressed in public that I would 
not allow this bill to go unless we had a full debate on the Senate 
floor. That has never been in confusion.
  I also stated if we were in fact to offset the authorizations in the 
bill with some of the wasteful spending that we have today--and I 
understand the contention by the Senator from Iowa, who is also an 
appropriator who does not believe this will lead to spending--if we do 
not believe it will lead to spending, why authorize it in the first 
place? It is a false hope.
  The third point I would make is everything this bill wants to do can 
already be done, except name it after Christopher and Dana Reeve--
everything. So what I would like is a unanimous consent request, after 
rebuttal from the Senator from Iowa, that I be given 10 minutes to 
explain my objections to the bill in detail, and also to offer for the 
record a letter from Dr. Zerhouni, dated July 30 of this year, in which 
he adamantly opposes any disease-specific bills. He outlined 
specifically why they should not be there.
  The final point I would make, we spend $5.9 billion on this right 
now. We should spend more, but we do not have the money to spend more 
because this Congress will not get rid of $300 billion worth of 
wasteful spending. We appropriate $300 billion that is pure waste every 
year. It is not that we do not have the money. It is not that this bill 
will spend the money. It is not that we cannot have this; it can happen 
right now under the leadership at NIH. It is the fact that the very 
problems we are faced with today in terms of the financial collapse of 
this country and the liquidity of this country is because we have gone 
down a road of fiscal irresponsibility.
  On that basis, I will object and await Senator Harkin's rebuttal. I 
do congratulate him for his commitment and his dedication. I believe 
the people at NIH want to solve this as well as anybody else and they 
recognize that they already have the power to do this.
  I will make one final comment. This bill could have come to the 
floor. We could have taken care of it in 2\1/2\ hours if we had debate 
and amendments. The majority leader refused to let this bill come to 
the floor.
  It is important for the American people know what a hold is. A hold 
is saying: Let the bill come to the floor, but I don't want to pass it 
with my vote unless I have an opportunity to debate it and amend it, 
and what has been done has precluded us on that.
  We did a lot of negotiations on this. The one thing we couldn't get 
negotiated is offsetting the negotiating level. Everybody knows that is 
a nonstarter with me. That is the only way we establish fiscal 
discipline in this country.
  The PRESIDING OFFICER (Ms. Stabenow). Objection is heard.
  Mr. HARKIN. Madam President, as I mentioned, and I ask my friend from 
Oklahoma, two bills I understand went through by unanimous consent this 
week, the Drug Endangered Children's Act and the Emmett Till Unsolved 
Civil Rights Crimes bills. I understand the Senator from Oklahoma had 
holds on those bills. Is that correct?
  Mr. COBURN. Absolutely. In response to your question, the Emmett Till 
bill, we attempted to do that. It was passed in connection with other 
bills, and we believed, since we had assurances that the appropriators 
would in fact take care of that inside the Department of Justice, we 
did not have that in the bill but outside, the appropriators would take 
care of that and we wouldn't spend additional money.
  Mr. HARKIN. Do I understand from my friend from Oklahoma there was 
not an offset for the authorizations in that bill? And then the other 
was the Drug Endangered Children's Act. I am told there was not an 
offset for the authorization in that bill either. The Senator did not 
have a hold on that bill?
  Mr. COBURN. No, I never had a hold on that.
  Mr. HARKIN. Those were just two passed by unanimous consent that did 
not have----
  Mr. COBURN. Will the Senator yield for a moment?
  Mr. HARKIN. Certainly.
  Mr. COBURN. What I can tell the Senator is I have held every bill 
that comes before this body that we have an objection to 
constitutionally, or from the Director of NIH, that does spend money 
that is already for them.
  Mr. HARKIN. I ask my friend from Oklahoma, did the director of NIH--I

[[Page 22999]]

don't have a copy of that letter. Did the Director of NIH object to 
this bill? Because he already said he supported it.
  Mr. COBURN. I will gladly deliver to the Senator a copy of his 
letter. You can read it. What he objects to is any disease-specific 
bill. The reason for that is very simple. There are over--let me give 
you the exact number. There are 12,161 subcategories of diseases. His 
principle is we ought to let the scientists decide the direction of the 
research, not Congress. Because if we decided on this and we set it up 
and a consortium will take it directly from the research--if we did 
that on everything, we would have the most misguided, misdirected, and 
wasteful expenditures on research you could imagine. He lists 
specifically the fact that we had 2,036 categories and over 12,000 
subcategories, and philosophically he objects to all disease-specific 
bills.
  Mr. HARKIN. I respond to my friend from Oklahoma, one of the reasons 
he wouldn't mention this is because, as my friend from Oklahoma surely 
knows, paralysis is not a specific disease. Paralysis can happen across 
a wide spectrum of diseases and illnesses and conditions. So this is 
not a specific disease. In that way, this is not a disease-specific 
bill as such, and that is probably where the confusion comes in. 
Because Dr. Zerhouni was very supportive of this approach; I read it in 
his comments that he made. But he is against disease-specific 
authorizations or appropriations. I can tell the Senator from Oklahoma, 
so am I, and I chair that. I chair it now. I have been ranking member 
or chair of that subcommittee going back 18 years. I cannot remember 
one time ever appropriating specifically one disease over another.
  There are times, of course, I say to my friend from Oklahoma, in 
which we as legislators, as public servants, take information and input 
from our constituents or from the country and through the hearing 
process--and this is usually on the authorizing side more than the 
appropriating side--try to give some guidance and direction to those to 
whom we give our taxpayers' money. Again, we have prodded NIH in the 
past to perhaps do certain things.
  I mean we, the Congress, have started different institutes at the 
National Institutes of Health. At different times people come together 
and say there should be an institute to look at this and we, as public 
policy people, set that up.
  Then there are times when we get the Director of NIH, or some of the 
other heads, some of these people here from these different institutes, 
and we ask them, What are you doing about this kind of research? Spinal 
muscular atrophy, which I never heard of before until a few years ago, 
I found out it is even more prevalent and has a higher mortality rate 
than muscular dystrophy. But they weren't doing much research into 
spinal muscular atrophy, so we talked about that, we explored that. We 
talked about a lot of things in cancer or Parkinson's disease, in which 
we explored with these heads of NIH what the public wants and what we 
are hearing from the public. They take that into account. They may make 
some adjustments one way or the other.
  I don't see anything wrong with that. That is part of our legitimate 
role as public servants, and responding to the legitimate requests and 
needs of the public. The people who work at NIH, and the people who run 
these institutes, are not high priests of some religious order who do 
not answer to anyone except the head person. They have to answer to the 
public. These are public moneys that go in there.
  Sometimes we consult with them, we talk with them, bring them 
information and say, here, the public wants to know why we are not 
doing more in this area. They take that into account, sometimes 
respond--sometimes better than others--sometimes not. But at least that 
is the input we have and that is what we are saying here with this 
legislation. We are not telling them exactly what they have to do.
  Again, the Senator from Oklahoma says they can do everything that is 
in this bill. But they are not doing it. That is the point. They are 
not doing it. You can disagree. You can say they should not do it. I 
did not hear the Senator from Oklahoma say they should not be doing 
what we have in the bill. He is not saying that. All I heard him say 
was that he wanted to debate it for a couple of hours and offer an 
amendment.
  I say to my friend from Oklahoma, as a member of the HELP Committee 
from which this bill came, the Senator from Oklahoma had all kinds of 
opportunities in the committee to amend this bill. For all I know, some 
of the changes we made may have come from him. They came through 
Senator Enzi, who is the ranking member, and we incorporated them into 
the bill. But the Senator from Oklahoma cannot deny that he was a 
member of this committee when this bill passed out of committee. If the 
Senator from Oklahoma wanted to amend it, he had every opportunity to 
do so at that time. Yet no objection was raised when we passed it out 
of committee; only when we get it here on the floor.
  We operate around here a lot of times on unanimous consent. And we 
usually do it on bills that are generally accepted by everybody. We 
hotline, and our staffs look at them to see whether anyone has an 
objection. This bill has been hotlined on both sides of the aisle. Out 
of 100 Senators, only one Senator has an objection, the Senator from 
Oklahoma.
  Now, again, people wonder--this one letter from this one woman says: 
How can one Senator stop something like this? Well, you are seeing one 
Senator can.
  Now, again, to the extent that the Senator from Oklahoma has a 
legitimate point, his point is that this could be brought up under the 
normal process and debated and passed. Well, it looks as though we are 
going to be back again on Wednesday. I will have to consult with our 
leadership. But if the Senator from Oklahoma would agree to a couple of 
hours of debate, an amendment that would be voted up or down, if he has 
an amendment or two, and then final passage, maybe we could do that on 
Wednesday.
  I do not know what the heck we are going to be doing Wednesday. Quite 
frankly, we could do that. I understand we are going to be in tomorrow, 
but no legislative business can be done tomorrow under the Jewish 
holiday, but we could on Wednesday.
  So if the Senator from Oklahoma wants to enter into an agreement for 
an hour or two, I do not know if anyone else wants to debate it. If he 
wants to offer an amendment or two or something like that, maybe we can 
have a vote on it, voice vote it. Maybe he wants a record vote on it. I 
do not know. But I have not heard any kind of a suggestion from the 
Senator from Oklahoma that we could do something like that.
  So, again, we operate around here in a spirit of comity. What that 
means is we kind of trust one another. You know, I kind of trust the 
Senator from Michigan; I trust the Senator from Idaho on a lot of 
things. We build ourselves on trust. We do not try to pull the wool 
over someone's eyes here. We do not try to slip something through to 
which someone may have an objection.
  So if we have bills like this we hotline them. We have them called 
around. Lord knows, we have plenty of staff around here. They look at 
all of these things to see if there is something in a bill their 
Senator would object to or want to change. We do that for bills that 
are generally widely accepted. A lot of times bills come back: There is 
no objection. Go ahead and pass them through.
  I thought this was one of those simply because it came out of 
committee. The Senator from Oklahoma was on the committee--is on the 
committee--and had no objections when it came out of committee. We had 
incorporated all of the changes that Senator Enzi gave us. We 
incorporated those plus changes from NIH and the Department of Health 
and Human Services. So it is very frustrating then to have this 
objection at this time.
  Now, one other point the Senator from Oklahoma said. He said this is 
an authorization for appropriations. That is true as most of the bills 
are that we pass around here. One way or the other it is an 
authorization. But he says that

[[Page 23000]]

will lead to new spending and blah, blah, blah. That is not necessarily 
true. It may be that we may want to put some money in this program, but 
we may want to take it from someplace else. We could do that. That has 
been done a lot around here. We may think that, well, perhaps we will 
take a little bit here and a little bit here and put it into this. 
Appropriations committees do that all the time. So it is not 
necessarily true this is going to lead to any new spending. It may lead 
to a realignment of spending but not necessarily new. So the Senator 
from Oklahoma is not quite correct that it would lead to new spending.
  Secondly, paralysis is not a disease-specific illness. It cuts across 
all kinds of diseases, illnesses, and conditions. Then I do not know--
the Senator mentioned something about $5.9 million. I brought that 
down, but I have no idea what that is all about.
  I also have a letter from the Congressional Budget Office, dated July 
25, 2008, to the Honorable Kent Conrad as chairman of the Committee on 
Budget. There were certain questions in here that I thought were 
pertinent to one of the objections raised by the Senator from Oklahoma.
  Question No. 1: Does an authorization of future appropriations 
provide the authority for Federal programs or agencies to incur 
obligations and make payments from the Treasury?
  Answer: No. A simple authorization of appropriations does not provide 
an agency with the authority to incur obligations or make payments from 
the Treasury.
  Question: Even if legislation authorizes appropriations for a 
program, is it not the case that a subsequent act of Congress is 
required before an agency can spend money pursuant to the 
authorization?
  Answer: Yes.
  This is from the head of the Congressional Budget Office.
  For discretionary programs created through an authorization, the 
authority to incur obligations is usually provided in a subsequent 
appropriations act. An agency must have such an appropriation before it 
can incur obligations.
  Question No. 4: If no new spending occurs under authorizing 
legislation, does it have the effect of increasing the Federal deficit 
and/or reducing the Federal surplus?
  Answer: No. An authorization of appropriations by itself does not 
increase Federal deficits or decrease surpluses. However, any 
subsequent appropriation to fund the authorized activity would affect 
the Federal budget.
  I ask unanimous consent this letter appear at this point in the 
Record, as well as the July 30, 2008, letter to Congressman Barton from 
Dr. Zerhouni.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                                    U.S. Congress,


                                  Congressional Budget Office,

                                    Washington, DC, July 25, 2008.
     Hon. Kent Conrad,
     Chairman, Committee on the Budget,
     U.S. Senate, Washington, DC.
       Dear Mr. Chairman: This letter responds to the questions 
     you posed on July 17, 2008, about the impact on the federal 
     budget from enacting legislation that authorizes future 
     appropriations but does not affect direct spending or 
     revenues. Consequently, this letter does not address 
     legislation that would permit agencies to incur obligations 
     in advance of appropriations (for example, legislation 
     providing new contract authority).
       Question #1: Does an authorization of future appropriations 
     provide the authority for federal programs or agencies to 
     incur obligations and make payments from the Treasury?
       Answer: No. A simple authorization of appropriations does 
     not provide an agency with the authority to incur obligations 
     or make payments from the Treasury.
       Question #2: Can an agency or program spend money without 
     the authority from Congress to incur obligations and make 
     payments from the Treasury?
       Answer: No. An agency is not allowed to spend money without 
     the proper authority from Congress to incur obligations. (See 
     31 U.S.C. Sec. 1341, which outlines limitations on expending 
     and obligating funds by officers and employees of the United 
     States Government.)
       Question #3: Even if legislation authorizes appropriations 
     for a program, isn't it the case that a subsequent act of 
     Congress is required before an agency can spend money 
     pursuant to the authorization?
       Answer: Yes. For discretionary programs created through an 
     authorization, the authority to incur obligations is usually 
     provided in a subsequent appropriations act. An agency must 
     have such an appropriation before it can incur obligations. 
     (Legislation other than appropriation acts that provides such 
     authority is shown as increasing direct spending.)
       Question #4: If no new spending can occur under the 
     authorizing legislation, does it have the effect of 
     increasing the federal deficit and/or reducing the federal 
     surplus?
       Answer: No. An authorization of appropriations, by itself, 
     does not increase federal deficits or decrease surpluses. 
     However, any subsequent appropriation to fund the authorized 
     activity would affect the federal budget.
       Question #5: Would CBO's projection of federal debt change 
     as a result of enacting legislation that only authorizes 
     future appropriations? Is it not correct that the agency's 
     projection of future debt would be identical both before and 
     after the enactment of such legislation?
       Answer: Enacting legislation that only authorizes future 
     appropriations would not result in an increase in CBO's 
     projection of federal debt under its baseline assumptions.
       I hope this information is useful to you.
           Sincerely,
                                                  Peter R. Orszag,
     Director.
                                  ____

         Department of Health & Human Services, National 
           Institutes of Health,
                                      Bethesda, MD, July 30, 2008.
     Hon. Joe Barton,
     Ranking Member, Committee on Energy and Commerce, House of 
         Representatives, Washington, DC.
       Dear Mr. Barton: This letter responds to your request to 
     update you on implementation of the NIH Reform Act's 
     provisions requiring trans-NIH research coordination 
     supported by a Common Fund.
       I am pleased to report that trans-NIH research has become a 
     vital component of our research enterprise. The NIH Reform 
     Act has enabled this Agency to adapt to new research 
     opportunities while continuing to pursue the latest and best 
     science. Congress has appropriated $495.6 million to support 
     such coordinated research projects as molecular libraries, 
     metabolomics technology development, the human microbiome, 
     epigenomics, computational biology, clinical research and 
     high risk science. These endeavors reflect the value of 
     research not defined by any single disease, but by gaps in 
     our knowledge of human biological systems that play a role in 
     all diseases.
       As examples, the Microbiome and Epigenome initiatives are 
     the result of technological advances and discoveries 
     emanating from the Human Genome Project. The subsequent 
     innovations in high-throughput sequencing and other 
     techniques have given us tools to search for microorganisms 
     associated with the human body that have not been previously 
     identified. The Microbiome project will decipher this 
     underworld of particles and define their role in health and 
     disease Similarly, epigenetics follows the success of the 
     Genome Project by focusing on the regulation of gene 
     expression, leading to the understanding of how our genes 
     respond to developmental and environmental signals. Such 
     research efforts are accomplished solely through 
     collaborations and the focus on basic biology unrelated to 
     specific organ systems or diseases.
       We also have created multiple-Institute collaborations for 
     the Obesity Research Task Force, the Blueprint for 
     Neuroscience, the NIH Nanotechnology Task Force and the NIH 
     Pain Consortium.
       This trend should continue in the best interests of 
     scientific discovery. As I have repeatedly testified before 
     Congress, the key transformation from yesterday's approach to 
     medical research to the science of today has been the 
     convergence of concepts, opportunities and needs across all 
     conditions and diseases. As we learn more about the molecular 
     causes of diseases, we have found great similarities among 
     the mechanisms that lead to diseases--once thought unrelated. 
     Increasingly, research in one field finds unexpected 
     application in another. The greatest research advances of 
     recent years involve the fields of molecular and cell biology 
     as well as genomics and proteomics. These applications will 
     not be limited to specific diseases or populations. Greater 
     interdisciplinary efforts will be required as the mysteries 
     of human biology are uncovered. The approaches mandated by 
     the NIH Reform Act will require NIH to seek new ways of 
     conceptualizing and addressing scientific questions. The 
     translation from discovery to patient care will be better 
     facilitated.
       The scientific boundaries between NIH's Institutes and 
     Centers have become blurred by the interdisciplinary 
     coordination among them. The functional integration required 
     by the Reform Act has helped this process. As you consider 
     legislation affecting NIH in the future, I caution you that 
     it would be a grave mistake to go backwards in mandating 
     disease-specific research at a time when barriers need to be 
     torn down, not rebuilt.
       Recent discoveries demonstrate common characteristics for 
     many varying diseases. These discoveries have spawned new 
     ideas, methods and technologies leading to a new era of 
     personalized medical treatment that

[[Page 23001]]

     will predict and preempt disease while requiring greater 
     participation of patients in their own care. We are moving 
     from the current paradigm of late, reactive intervention to a 
     future paradigm of early intervention characterized by 
     treatment tailored to the personal makeup of each patient.
       We are discovering the underpinnings of disease at a 
     staggering rate. For example, in the case of type 2 diabetes, 
     one of the greatest health threats facing our Nation, we have 
     progressed from having no knowledge of genetic factors ten 
     years ago to discovering two genes associated with the 
     disease five years ago, to 16 genes today. And in a matter of 
     days, an additional 14 genes will be revealed. These 
     discoveries are fueled by various components of medical 
     research, including basic genomics that are part of our 
     multidisciplinary approach to disease research.
       We are certain that the best approach to research at NIH is 
     the functional integration of research programs at our 
     Institutes and Centers. The flexibility provided in the NIH 
     Reform Act allows us to adapt to changes in science by 
     pursuing the common factors of disease. Of course, NIH will 
     focus on individual diseases, as appropriate and in accord 
     with independent, peer-reviewed science. However, disease-
     specific mandates, while well intended, might undermine the 
     progress we have made.
       Please let me know if you are interested in additional 
     details of NIH's implementation of the Reform Act. I have 
     sent a similar letter to Chairman Dingell.
           Sincerely,
                                                Elias A. Zerhouni,
                                                         Director.

  Mr. HARKIN. So, again, I see my friend from Oklahoma has departed the 
floor briefly.
  Madam President, I put in a unanimous consent request. Has it been 
objected to?
  The PRESIDING OFFICER. It has.
  Mr. HARKIN. I heard there was a reservation.
  The PRESIDING OFFICER. The Senator did object.
  Mr. HARKIN. It has been objected to.
  Mr. CRAIG. May I inquire of the Senator how much more floor time he 
will take?
  Mr. HARKIN. I am about done.
  Well, I am sorry for so many people who suffer from paralysis in this 
country who really have, many of them, traveled to Washington at their 
own expense, at great personal not only expense but inconvenience and 
trouble and effort--can you imagine what it must be like--who had every 
reason to believe this would pass and give them new hope, new 
encouragement that we were now going to be able to bring a new focus, 
coordination, to this.
  Now, again, the Senator says they can do everything that is in this 
bill already. The fact is, they are not. That is why we are here. That 
is why we are Senators. That is why we are public servants. That is why 
the public elected us to come here and do things, to get the Government 
to do things that it is not doing or to stop it from doing something 
that it is doing.
  This is one of the things we ought to be telling the people who are 
involved in this research they ought to be doing. They ought to do 
this. We do it all the time. And if they will not do it, we ought to be 
telling them to do it. I am sorry, again, that this Christopher and 
Dana Reeve Paralysis Act has been stopped by a single Senator. I wish 
we could find some way of getting around it. I ask my friend from 
Oklahoma if he does not mind, the Senator said something about debating 
this bill and opening it for amendment.
  We are going to be here on Wednesday. Now, I have not cleared this 
with our leadership--I have to do that, of course; I do not run the 
Senate. But I would have to clear it with our leadership, and then our 
leadership would have to clear it with the other side. But if we can 
get a couple of hours on Wednesday to debate this bill and amend it in 
a 2-hour period of time, with an up-or-down vote on an amendment or 
two, would that be acceptable to the Senator?
  Mr. COBURN. It would be more than acceptable provided the bill comes 
to the floor and offsets the authorizations. The problem we have is 
that in the last year, in your subcommittee alone on appropriations, we 
had 398 million dollars' worth of earmarks outside of the authorization 
process. None of them were authorized.
  Now you want to spend more money on programs that you want to 
authorize, but you will not take away the $398 million of earmarks that 
were never authorized. That is my whole point. Bring the bill to the 
floor, offset some spending somewhere else, and we will not even have 
to go to the floor. Just offset it; you can have the bill.
  But the fact is, nobody wants to offset it. The intention is to spend 
this money. Even though we play the games, how did we get $9.6 trillion 
in debt? We got it playing this same game, saying: Here is $115 
million; it does not cost anything. But that is really untrue because 
it does. If you authorize it, you are going to spend more money. We 
have grown 61 percent since 2001 in terms of discretionary spending in 
this country, and we are broke. And we have a financial crisis in front 
of us.
  I am trying to stand and say, if you want to do something, get rid of 
some of the 300 billion dollars' worth of waste, which I consider 398 
million dollars' worth of earmarks that were unauthorized waste. So it 
is easy to bring it up. Bring this bill without the authorizing money, 
put it in, you got it.
  Mr. HARKIN. I say to my friend from Oklahoma again, the Senator from 
Oklahoma did not object to a bill passing this week by unanimous 
consent that has an authorization for appropriations in it. Is that not 
correct?
  Mr. COBURN. That is true.
  Mr. HARKIN. I say to my friend from Oklahoma, that is very true, on 
the Emmett Till bill, but not on this one.
  Mr. COBURN. We received assurances that it would be offset at the 
appropriations level.
  Mr. HARKIN. Well, I can assure my friend--I said this when my friend 
from Oklahoma was off the floor--the Senator from Oklahoma seems to say 
that since it was an authorization for appropriations in here, that we 
are going to appropriate new money. That is not always the case. 
Sometimes the Appropriations Committee will take money from other 
things; maybe take a little bit here, take a little bit here and put it 
into something else. That happens a lot, I can tell the Senator, as an 
appropriator.
  So it does not always necessarily follow because we authorize the 
money that we are going to add new money. We could take it from other 
places. We do not know.
  Mr. COBURN. In response to the Senator through the Chair, that is a 
rarity that occurs here. The fact is, the Federal Government is growing 
three times faster than the income of the people in this country. It is 
because we will not put our own financial house in order.
  I want to do the best we can do for people with paralysis. I think we 
ought to get rid of some of the 380 billion dollars' worth of waste and 
double the money in NIH. That is what I think. But we will not, nobody 
can, including my colleague from Iowa. When I have offered amendments 
on the floor to get rid of wasteful spending, rarely, if ever, have you 
joined me to get rid of the wasteful spending. Instead, we have 
continued wasteful spending.
  Just like we are going to talking about Amtrak. Amtrak has a $100 
million subsidy. Nobody in this country, other than us, would allow 
Amtrak to continue losing $100 million a year on food subsidies on the 
train. No airline does that. No bus company does that. But because we 
have a $2.6 billion subsidy, we think it is fine that we should 
subsidize people's food on the train.
  I can give you a thousand examples of things that we should be doing 
that we are not. I am not opposed to the efforts that you want to try 
to accomplish. What I am saying is we need a discipline change in this 
Congress. The American people have had it with us. We are wasting money 
hand over foot. And it is not what you want to do is bad, I am for what 
you want to do, I am saying let's get some discipline and let's make 
some priority choices.
  Every family out there has to choose among priorities. They have to 
make a hard choice on what is important and what is not.
  This is important, yes. We have told your staff the moment this 
passed the committee that we were going to hold it on the Senate floor 
unless it was offset. That is not a new threat. That is not news to 
your staff. They have known that for a long time, and so does

[[Page 23002]]

every Member of this body. In fact, you received a letter from me in 
January of 2007 that said very specifically: If you bring a bill to the 
floor that is not offset, that is going to spend new money, unless we 
are going to get it debated and offer amendments, we are going to 
object. So that is where we stand.
  Mr. HARKIN. I say to my friend, he just let a bill go through this 
week that had an authorization for appropriations on it and let it go 
through under unanimous consent, but not this one. So I see it is up to 
the Senator from Oklahoma, as one Senator, to decide what is good and 
what is bad around here.
  Mr. COBURN. Well, we also stopped 10 billion dollars' worth of new 
authorizations this year. We also stopped $10 billion. There is no 
question the Emmett Till bill went through with the assurances. I am 
not 100 percent.
  Mr. HARKIN. What assurances? I am an appropriator. I did not give you 
any assurances. No one asked me about it. So, obviously, now the 
Senator from Oklahoma has set himself up as the arbitrator of what is 
good and bad and right and wrong and everything else around here.
  Now, come on, there are 100 Senators around here.
  I wish to respond to one other thing about Amtrak. The Senator from 
Oklahoma mentioned the airlines. This is something I know a little bit 
about. I fly a lot of airplanes. Every commercial airline in the 
country now uses GPS, global positioning satellites. Do you know how 
much they spent to put all those satellites up there? Zero. The 
taxpayers of this country put up billions of dollars. We maintain them. 
We keep them in orbit. When one decays, we put another one up. We keep 
24 in orbit all the time. Not only do our airlines use it, every 
airline around the world uses it, as do ships and everybody else. That 
is not a subsidy for the airlines? How about all the traffic 
controllers? They don't work for the airlines, they work for the 
Government. How about all the navigation systems we maintain, the 
Approach System, the ILSs, and everything else, paid for by the 
taxpayers? We appropriate money around here all the time for airports, 
runway lights, approach systems that all the airlines use. They don't 
pay for all of those facilities. How about all the airports? Local 
cities provide the land.
  If my friend really wants to see how much we are subsidizing the 
airlines, add it up. It would be a heck of a lot more than what we are 
subsidizing Amtrak. But I am not opposed to that, subsidies for 
transportation, for new technologies, for moving people. I am not 
opposed.
  The Senator from Oklahoma is sort of saying we subsidize Amtrak but 
we don't the airlines. I didn't mean to get into that, but that is the 
point I was trying to make.
  Lastly, on this issue of offsetting authorizations, now we have to 
offset every authorization that comes up here. I want to ask the 
Senator from Oklahoma--we just passed a Defense authorization bill, 
authorizes a lot of new things in there. I ask the Senator from 
Oklahoma, were any of those offset?
  Mr. COBURN. Absolutely not. I voted against it and proudly did so 
because we had $16.8 billion worth of earmarks in there that will be 
forced onto the American taxpayer that will never see the light of day. 
They were in the report language, and we put something in the bill that 
said you couldn't amend it. None of those are competitively bid; $16 
billion worth of earmarks, none of them competitively bid. So what 
happens? Defense authorization, we got $16 billion that we probably 
could have bought for 10, but because we have a system that says we are 
not going to watch out for the taxpayer, we will not do it.
  So what I would say to the Senator is, what you want to do is great. 
I am not against it. How you are doing it I am against. Unless we 
change how we do things here, until we start becoming responsible 
fiscally, there has to be somebody putting on the brakes. I don't want 
to be known as a Senator who blocks research, but in fact, as the 
doctor related, this can all be done, and they are probably doing it.
  The Senator from Iowa voted for the reform of NIH. You proudly voted 
for the reform of NIH. Paralysis is a disease-specific category because 
it is based on a problem in terms of mobility. So it falls into a 
category.
  I don't know whether he wants this specifically, but what I am saying 
to you is, if you will bring a bill with $115 million worth of offsets 
to the floor in terms of authorization, we will say yes tomorrow.
  The point is, until we establish with the American people that we are 
going to be as wise with their money as they are with their money, then 
we have to do some changing.
  I do not apologize at all for standing in the way of this bill on 
principle. Somebody has to say timeout in this country in terms of 
spending. A newborn child born this year faces $400,000 in unfunded 
liability. When you fund the $115 million and if you offset it with 
something else, something else will get offset. The average increase in 
this area has been about 7.5 percent per year. What is the name of all 
those children who aren't going to get to go to college, will not have 
a great opportunity economically for the future, because we won't live 
within our means?
  The last time I knew, when the airlines made money, they paid taxes. 
So, in fact, they are contributing to all those things that were 
mentioned because they are taxed at one of the highest corporate tax 
rates in the world. One of the reasons the airlines can't compete is 
because we have a tax rate that essentially is close to 50 percent by 
the time we add in State income taxes. So they participated in the 
development of all those programs. They are great advancements.
  Let's finish this debate. Let's talk off the floor. I will gladly 
work with Senator Harkin to accomplish whatever he wants, but I will 
not break down on the letter I sent in January of 2007 that says I 
believe we have to change the way we operate. I know there is 
tremendous resistance to that in this body. I understand that. But the 
American people don't understand it. What they understand is they have 
to make hard choices. Either we mean to fund the $115 million or we are 
sending a charade to the people who want this bill passed. It is one or 
the other. The fact is, they have had a chance.
  I will also put in the Record that in the last Labor-HHS-Education 
appropriations bill, there was $105 million that Senator Harkin 
specifically put in for earmarks that he directed. That is real 
spending. That is enough to pay for the whole bill over 10 years.
  The fact is, we have a major disagreement on specifics on how we 
control and how we change this country. I will fight for the taxpayer 
every time. I apologize to the Senator for some of my emotion. It is 
because I am thinking about the kids who are coming, not the political 
realm of today. I understand that we need to do more in NIH. I am on 
public record to take that to $60 billion. I will pay for it, easily 
pay for it. There is $80 billion worth of fraud in Medicare. What have 
we done about that? Nothing. We gutted the very program that cut 
spending for medical devices, durable medical equipment, the last bill 
through here. We had a way to save over $2 billion a year. We gutted 
it. The Senator voted for it. He voted to gut the $2 billion worth of 
savings.
  So there are plenty of things we can do, but what we are not going to 
do anymore with my consent is to pass bills that increase the liability 
for our children in the future, even when we do it for the sake of 
doing something good.
  I yield the floor.
  Mr. HARKIN. You can look at society and say there are a lot of 
problems out there. You can look at this Congress and say we spend a 
lot of money that we don't agree on. There is a lot of money spent in 
this Congress I don't like, that I don't agree with. But does that mean 
this one Senator should stand here and stop good things from happening 
just because I don't like the way something is being spent, the way 
something is being done, that I should use the privilege of being a 
Senator, a privilege, a right, a privilege of being a Senator to just 
stop something that is good?

[[Page 23003]]

  There are 435 Members of the House, not one objection; 99 Members of 
the Senate, not one objection. But one Senator, the Senator from 
Oklahoma, is concerned about deficits and about appropriations. OK. I 
agree. There are some problems. We have to face our deficits and debt. 
Does that mean, then, that we stop every good thing from happening 
around here until that is taken care of? That is taking the privilege 
of being a Senator way beyond what we ought to have a right to do, to 
stop something like this just because we are upset about something else 
that is bad about spending.
  Heck, I can share with the Senator from Oklahoma a lot of horror 
stories about how we are wasting money in this Government. He doesn't 
have a corner on that market, I assure him. Some of the things he may 
think are wasteful, I might agree. Maybe some of the things I think are 
wasteful, he may not agree. I don't know. But that is how we work 
things out here, in a collegial manner, working together to try to get 
these things solved.
  It is very hard to explain, when I tell people that one Senator can 
stop something like this. They don't understand how that is possible, 
but it is. One Senator can stop things around here. I wish this weren't 
so in this case because there are too many people with paralysis who 
were counting on us to get this done and move ahead to coordinate the 
research in paralysis and bring all of it together. But we never give 
up. We just keep trying.
  I yield the floor.
  The PRESIDING OFFICER (Ms. Klobuchar). The Senator from New Mexico.
  Mr. DOMENICI. Are we in morning business?
  The PRESIDING OFFICER. We are postcloture on the motion to concur.
  Mr. DOMENICI. I ask unanimous consent to speak for 6 minutes as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                            Economic Bailout

  Mr. DOMENICI. Madam President, the House of Representatives today 
defeated the proposed financial rescue plan devised by a bipartisan, 
multi-institutional group. This action will precipitate an economic 
catastrophe for the United States of America. While the initial 
response to this ill-advised action has been so far limited to equity 
markets and corporate bond markets, I predict the defeat of this plan 
will soon permeate our entire economy. It will also have serious and 
not completely predictable consequences in all markets throughout the 
world.
  The plan has many features in it that those who oppose had sought. It 
added many new safeguards for the taxpayer. Yet a rigid adherence to an 
ideological purity on both sides that has never existed in our Nation 
led many in the House to reject this plan.
  I do not know right now in what form the consequences of this action 
will hurt the average American. Higher interest rates for houses and 
other things, other long-term purchases, a continued freeze on the tax 
credit markets, loss of jobs and contraction of the economy, loss of 
billions of dollars in pension plans--the consequences will come.
  This action cannot be the last word this Congress has to say. I urge 
everyone involved to begin to work again immediately on adjustments to 
the plan that will at least satisfy a majority in the House.
  This Congress has an approval rating at an alltime low. None of us 
should be surprised as to why. We cannot let the situation lie as it 
now is as a consequence of not passing in the House of Representatives. 
The leadership and those Members who feel compelled to get something 
done for the United States in a moment of great economic peril should 
come together and see to it that we do what is right.
  It is difficult to do what is right because frequently our people do 
not understand. There are those who are obviously concerned that those 
who vote don't understand and indicate that we should not have a big 
bailout. This is not a big bailout bill. We got off on the wrong path 
when we started talking about bailouts.
  There are no bailouts here. What we are going to do is buy assets, 
buy mortgages, buy promissory notes, buy things of value that, as of 
today, are very low in value and are clogging the pathways for money to 
flow. We are going to buy those. We are not going to bail anybody out. 
When we buy those, the channel will be open again. The road will be 
opened. The freeway will be opened. The cars will run. Money will flow. 
The liquid channels will become liquid again. Unless and until we do 
that, they are clogged.
  The clogged items, the things that clog up our money market lines, 
are going to be purchased by this rescue plan. They will be owned by 
this rescue plan. This rescue plan will hold these assets as nobody 
else could hold them. It is too big a quantity and you cannot afford to 
hold them, but we can hold them and then sell them later. There is good 
indication and justification that if we do not wait too long that this 
rescue plan will sell these assets and perhaps we will come out with 
more money than we paid for the rescue plan.
  We need this mechanism because in our democracy our President does 
not have the authority to do it. So somebody must do it, and it means 
Congress must, even though it is complicated, even though it is 
comprehensive, and even though it is hard for the public to understand. 
We must continue to explain this to the public. They will be wondering 
today and tomorrow and the next day, as banking institutions fail, as 
other things around them that have money at the bases will stop working 
right.
  As I said, so far the equity markets--that is the stock markets--they 
can see those falling perhaps by historically large numbers, 
percentages. Corporate bond markets--we have already seen the effect on 
them. But there will be other things happening that will make the 
people understand. But it should not be that we have to let all of 
these terrible things happen in order to get our heads together and 
know it is going to happen and try to fix it and tell our people we 
have to fix something that is broken and that will only cause them and 
their families more grief and more hard times if we do not use a rescue 
plan to buy those assets that are clogging the financial highways and 
freeways so that money will flow.
  I know I have spoken two or three times on the subject. Some will say 
that is enough. But I will speak and I will argue and I will debate and 
I will attend meetings for as long as they go on with Senators and 
Representatives in an effort to make the vote that happened today not 
the last action on this terribly difficult subject for the people of 
the United States--a rescue plan to let the financial markets work in 
America.
  The greatest financial markets in the world are soon to be rubbish, 
are soon to be in terrible shape. The best will turn out to be the 
least. In the meantime, we are all going to suffer. Just remember, 
without the flow of money we can hardly do anything in our country. We 
can hardly buy anything. We can hardly sell anything. Anything you look 
at of value can hardly happen without the flow of money, credit cards, 
checking accounts, bonds. All of those things we have become acquainted 
with that are taken for granted are in jeopardy because of what I have 
just described and what we hope has been described over and over.
  For those who read, I urge they read the speech of Senator Lamar 
Alexander this morning on the subject. He used a metaphor that I have 
given to a group of Senators of a freeway full of automobiles at high 
speed going down the road, and each one of those cars was something 
valuable happening in America. When the six lanes of the road were 
clogged by a six-car accident, the cars loaded with good things for 
America, financial things, were all stopped because of the car wreck.
  Now, if that metaphor makes sense, what our rescue proposal says is, 
go out and buy the salvage and get it out of the road. Let the cars 
flow, and each of those cars that contains things that will make our 
lives different and valuable will be flowing down the road. The salvage 
can be repaired and, believe it or not, sold for more than we bought it 
at in salvage off the highway.

[[Page 23004]]

  That is as best I can do. As somebody said: But we need just one or 
two words to express it. Somebody answered and said: Yes, the American 
people like one or two words, but they also like a story. So I just 
told them the best story I can of what this is all about.
  I hope before too long there will be more support so Members of the 
Congress, the House in particular, will be strengthened by some changes 
in public opinion that will give them confidence to vote for this 
rescue plan.
  Madam President, I yield the floor and suggest the absence of a 
quorum.
  Madam President, I withdraw that suggestion and yield the floor.
  The PRESIDING OFFICER. The Senator from Alabama.
  Mr. SESSIONS. Well, Madam President, we certainly need to confront 
the challenges we are facing now with this banking situation. I know 
Senator Domenici is so eloquent and speaks with such conviction on it 
and believes strongly that we need to get busy.
  The underlying business, however, at this time does remain the Amtrak 
bill, the reauthorization. That is the legislation the majority leader, 
Senator Reid, has brought up. I would assume that the leadership is 
trying to figure out what to do in light of the House vote. If they 
want to proceed and discuss that legislation, I will certainly be glad 
to yield the floor to them. But I do think we need to talk about this 
reauthorization of Amtrak.
  I have watched this issue for a number of years and have drawn 
increasingly concerned. The legislation provides $9.7 billion for 
Amtrak and passenger rails through 2013 for operating and capital 
grants and debt repayment.
  Operating--that means in simple language they are losing money, so we 
are going to make up their losses. Capital grants means they want more 
money to help them expand the system. Instead of the Amtrak system 
itself paying for this on a normal basis, they want the taxpayer to pay 
for it. Debt repayment--we have seen a lot of people having debt and 
not being able to pay their debt. It appears Amtrak needs a bailout 
because they cannot pay their debts. I wish we were in better shape, 
but the fact is, we're not.
  It also includes an amount of $1.5 billion for the Washington Metro 
Area Transit Authority--this is another $1.5 billion on top of the 
money that has been put in that program for some time. What is it for? 
For capital and preventative maintenance. I guess that means keeping 
the system running.
  I will talk a little bit more about that in a minute. But I would 
note that in 1997, a little over a decade ago, Congress had a big 
discussion about Amtrak and what to do about it, and there was a 
consensus that the system be fundamentally reformed and that there be 
new accountability for Amtrak. It provided, in 1997, that by 2002 there 
would be no more Federal subsidies to Amtrak.
  I tell you, we do not have accountability in this Government of ours. 
It is not functioning sufficiently in my view, and one reason is we 
make assertions, and when things do not work out the people who did not 
succeed at whatever task they were given--we just give them more money, 
and they know that. They expect that to happen, so they do not make the 
tough decisions necessary to be successful.
  Kenneth Mead, the former Department of Transportation inspector 
general who dealt with accountability, succinctly stated it this way:

       The mismatch between the public resources made available to 
     fund inner city passenger rail service, the total cost to 
     maintain the system that Amtrak continues to operate, and the 
     proposals to restructure the system comprise a dysfunction 
     that must be resolved in the reauthorization process of the 
     Nation's inner city rail system.

  Now, the Heritage Foundation, an exceptionally fine think tank, has 
looked at this, and they have concluded that we do not have the reform 
that Inspector General Mead said was necessary. In fact, they say that 
fundamentally this reauthorization makes little reform at all of 
significance, and this request for money may be the biggest Amtrak has 
ever asked for. I say we have a problem.
  Let me share a few thoughts. I know many people have a romantic 
attraction to rail systems and want to see them successful and think we 
could do well if we could have more rails and people would ride the 
rails and it would save energy and we would all be happy and we could 
just, I guess, like the Orient Express, play cards and eat meals on 
white table cloths. Well, let's look at the reality of what we are 
dealing with.
  I do not think Amtrak is going to work in Alabama. Our population is 
too diverse, and the routes it runs do not seem to fit the traffic 
patterns of people. I wish it could. I do not want to be a person to 
say don't send Amtrak through my State. Few people probably benefit 
from it. Few people might have a job depending on it. But sometimes we 
as a nation have to ask ourselves what is the proper utilization of our 
money, and are we making any progress.
  I do not think you can justify many, perhaps most, of the routes 
Amtrak is running, but some of them could be. Some more of them could 
perhaps become viable if the losses they were taking in this system on 
bad routes were put into some of the marginal routes, where they 
upgraded them and they could run the system better, cleaner, and more 
timely, with fewer delays, and that kind of thing. But fundamentally 
the romantic view that we are going to have some sort of major 
international rail system does not seem to be realistic.
  I remember as a child growing up in the country we used to say--I 
grew up on the railroad tracks. It was not but a couple hundred yards 
from my house to the railroad track. My daddy had a country store 
there. There were three country stores in that neighborhood and one 
railroad depot. So we had a passenger train.
  When I was a young kid, a passenger train came through there. But 
there has not been a passenger train through Hybart, AL, in 40, 50 
years. Now there is only one store left in the community and no 
railroad depot. It has been closed for many years.
  Things happen. This country changes. People change. Let me ask this 
question to my colleagues. Would the Nation be better off if somebody 
in Washington, DC, said: Oh, that is such a shame. This little town of 
Hybart might lose their three stores, and they might have the depot 
closed. Maybe we ought to fund the railroad, give them enough money, 
bail them out, so they can continue to operate their passenger train 
through there. Would we be better off if we had done that? I do not 
think so. I hate to see it happen.
  We also had a little post office attached to the house of my 
neighbor, and they closed that a number of years ago. That was 
heartbreaking. Mrs. Hybart from Hybart ran the post office. When she 
retired, they closed it. We hated to see that, but maybe the Postal 
Service was right. Maybe it was such a small operation it couldn't be 
justified to be continued. Somebody has to make decisions somewhere.
  So let me point this out to my colleagues. Using my home State as an 
example, we have a train that goes through Birmingham and on up to 
Washington. Birmingham is our largest city. What are your options if 
you are in Birmingham and want to come to Washington, DC, our Nation's 
Capital? If you want to go on a commercial airline, which most people 
do, frankly, there are several flights every day, direct flights from 
Birmingham to Washington. If you take your personal vehicle you can 
leave anytime that you desire. You can leave early in the morning or 
you can leave midday, whatever. If you take the train, though, there is 
only one train a day leaving, and you have to leave at precisely that 
time or you don't get on the train. So that limits options at the 
beginning.
  When people are deciding when and how to make a trip, they ask 
themselves these questions: What about the time it takes to make a trip 
from Birmingham to Washington, DC? Well, the air time is about 2 hours 
12 minutes. The personal vehicle, if you drive by car, we calculate 11 
hours. It may be 10 or 11 hours. By train, it is 18 hours.
  How many stops would you make? If you take an airline, of course, a 
direct flight, there is only one stop--at Washington. If you take your 
vehicle, maybe

[[Page 23005]]

you make four or five stops, three or four stops. Let's assume you make 
four. But Amtrak, Amtrak makes 18 stops, and it does not take the 
shortest route to the Nation's Capital.
  What about cost? How much does it cost? I was surprised, actually, 
when we looked at these numbers. I questioned my staff. Could it be an 
error? This is what they told me: The primary cost of a round-trip 
airline ticket from Birmingham to Washington is $328. It has gone up 
some. That is what they tell me is the recent fare for this trip. If 
you look at your automobile, and there is only one person in the car--
you may have four--but if one person is driving to Washington, it is 
about $200 for the gasoline at the current high prices; $4 or so a 
gallon. What about the Amtrak train ticket that is going to take 18 
hours instead of 2, what does it cost? Four hundred and forty-five 
dollars.
  So you think this may have something to do with why people are 
choosing to fly or drive, rather than take the train? I kind of wish it 
wasn't so. I wish there was some way we could make this different than 
it is, but those are the facts and that is why many of the Amtrak 
routes are not practical.
  People say: Well, why don't we make more routes, more trips, more 
trains, more often every day, and maybe more people would use it. I 
don't think so. I think the losses would swell even larger. You can't 
make this happen, in my view. I wish we had a different statement I 
could say about it, but that is it.
  One reason we maintain these routes around the country that are 
losing money substantially is because Congress maintains them because 
politics gets into it. Nobody wants to stand, as I am doing right now, 
and suggest it is not going to be the end of the world for the State of 
Alabama if we don't have an Amtrak running through there, if it is 
costing the taxpayers billions of dollars every year to keep it 
running.
  I wish to mention, briefly, the Washington Metro earmark of $1.5 
billion. This includes Northern Virginia and the Maryland suburbs--some 
of the richest, most prosperous areas in the country. But they want us 
to send huge amounts of money here to fund the extension of their 
subway, their train system. I think we have a right--the people outside 
this area need to ask why they should do that.
  Let me share this. My home county that I have been talking about has 
double-digit unemployment. It is reported by the New York Times that in 
my county--Wilcox County, where I grew up and went to school--the 
average citizen spends a larger percentage of their income on gasoline 
than any other county in America. So I guess what we are talking about 
now is we are going to ask people in my county who are struggling to 
get by with high unemployment rates and low wages and long distances to 
work, to subsidize a big, fancy subway system extension and operation 
that goes beyond, what I think is fair. What principle is being 
utilized to decide this is a good allocation of limited wealth in 
America?
  So this is a huge mark. It is a huge item. Let me tell my colleagues 
how huge it is. Our State, as I recall, under the formula for highway 
distribution moneys, with every State in America, is about average. 
Alabama is about an average size State in population and probably in 
size. The tax revenue from gasoline comes to the Federal Government and 
we allocate it out by complex formulas that we have fought over for 
years. Alabama and Mississippi felt as though we weren't being fairly 
treated, but we are doing a little better now under the formula. But 
the amount of money Alabama gets, as I recall, it is not much over $500 
million a year for the entire interstate highway system in Alabama to 
be utilized with the State highway money: $500 million per year. 
Whereas, they who are pushing this Metro system--$1.5 billion payment--
would, in one project alone, be three times the annual funds that my 
State gets for highways. I don't think that is fair. I know it is a 
huge project. But, it is not a project I think can be justified. I wish 
we could do this and that would be good.
  Somebody said: Well, Government employees like it. Many of them live 
out that way. Well, I have to tell my colleagues that Government 
employees are treated pretty well. You may not know this, but one 
reason they take subways is most of the agencies subsidize their 
ticket. If you take the Metro, the Government agency gives you a 
transportation allowance. So they have tried everything they can to 
incentivize riding the subway, but the Metro is still losing money. 
This is an additional subsidy from the Federal Government to the 
Washington Metro.
  So I have to tell my colleagues I believe this is an important 
matter. I do not believe this legislation is sound. I don't think it is 
good for the taxpayers. I believe it is, in many ways, including this 
very large, one appropriation of $1.5 billion, that is clearly unfair 
to the rest of the country. We shouldn't pass it. I am sorry the 
majority leader seems determined to move forward with this bill. But as 
I said, I would not object if he sets it aside temporarily, to discuss 
what we are going to do about the financial crisis.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Mississippi is recognized.


                      Tribute to Senator Domenici

  Mr. COCHRAN. Madam President, it is with mixed feelings of remorse 
and pleasure that I speak on the subject of the retirement from the 
Senate of my colleague and friend from New Mexico, Pete Domenici. He 
and his wife Nancy have been close and dear personal friends. When I 
was elected to serve in the Senate, they reached out to my wife Rose 
and me and made us feel at home and very comfortable in our new Senate 
environment. That was 30 years ago.
  The Domenici family will surely be missed, but I know we will stay in 
touch. I wouldn't be surprised to get a call from Pete if he sees or 
hears about my not doing right on an issue he feels deeply about. He is 
not bashful, nor easily intimidated, and he is going to continue to be 
consulted for advice and counsel from time to time by me and others who 
respect him so highly and realize they would benefit from his good 
judgment and insight.
  From public works to budget and energy, to appropriations, he has 
been a conspicuous and forceful advocate of public policy in the Senate 
committees. His contributions to public policy during the years of his 
service in the Senate are unsurpassed, and the genuineness of the 
respect in which he is held by his colleagues is unequaled. It has been 
a great honor to have served with Pete Domenici. I extend my sincere 
congratulations to him on his outstanding career in the Senate.

                          ____________________




                     SPACED-BASED INTERCEPTOR STUDY

  Mr. KYL. Madam President, today I wish to describe an important step 
towards providing the American people with a global, persistent 
ballistic missile defense system. This step is the space-based 
interceptor, SBI, study that was recently funded in H.R. 2638, the 
fiscal year 2009 Continuing Resolution, which contains the fiscal year 
2009 appropriations for the Department of Defense.
  Congress appropriated $5 million for the Secretary of Defense to 
conduct an independent assessment of a space-based interceptor element 
of our missile defense system. This is the first time since the Clinton 
administration and a Democrat-controlled Congress in 1993 cancelled all 
work towards a space-based layer missile defense system that we have 
the potential to expand our space-based capabilities from mere space 
situational awareness to space protection.
  In the past 15 years, the ballistic missile threat has substantially 
increased and is now undeniable. Today, at least 27 nations have 
ballistic missile defense capabilities, and last year alone over 120 
foreign ballistic missiles were launched. North Korea and Iran are 
developing and proliferating ballistic missile technology and continue 
to be major threats to our allies and our deployed forces.
  Developments in China, as illustrated in the 2008 Annual Report on 
Military

[[Page 23006]]

Power of the People's Republic of China, raise the concern about 
accidental or unauthorized launches of intercontinental ballistic 
missiles, ICBMs, by China's military.
  In addition to the long-established threat of ballistic missiles as a 
delivery system for weapons of mass destruction, on January 11, 2007, 
the world witnessed the vulnerability of space assets when China 
launched a ballistic missile to destroy a satellite. This capability 
extends beyond China; the Director of National Intelligence recently 
testified, ``over the last decade, the rest of the world has made 
significant progress in developing counter space capabilities.''
  Every part of our daily lives depends upon the capability and 
reliability of our space systems. An attack on our space systems would 
not only adversely affect our military and intelligence systems, but 
also items such as: the Internet backbone, financial systems, 
navigation systems, manufacturing inventory control systems, emergency 
response systems, and weather tracking. Our vulnerabilities have not 
gone unnoticed; Wang Hucheng, an analyst for the People's Liberation 
Army has called our space systems the ``soft ribs'' of the U.S. 
military.
  The $5 million appropriation for the SBI study allows the Secretary 
of Defense to enter into a contract with one or more independent 
entities to review the feasibility and advisability of developing a 
space-based interceptor element to the ballistic missile defense 
system. It is clear from the project tables in H.R. 2638, specifically 
the Program Element numbers in those tables, that Congress understood 
the importance of funding this study.
  I have the utmost confidence in Secretary Gates to make the decision 
about what research and development entity should perform this study. I 
would like to recommend that an entity like the Institute for Defense 
Analysis, IDA, lead the study. IDA has the experience and technical 
expertise to provide policymakers a complete picture of the merits of a 
space-based interceptor system.
  The study could lead to the development of new technologies and 
concepts that would provide the United States, our allies, and our 
deployed forces protection from the threat of rapidly proliferating 
ballistic missile technology, as well as the rising threat of attacks 
on our vulnerable national security space systems.
  I would like to share the views of a few senior military leaders 
about what they believe to be the benefits of conducting the space-
based interceptor study.
  GEN Kevin Chilton, Commander of United States Strategic Command, 
stated:

       Space based systems have great potential to address many 
     significant global missile defense challenges. The high 
     ground space provides could alleviate many geographic and 
     political challenges.

  GEN Henry Obering, Director of Missile Defense Agency, stated, the 
study is ``a pragmatic hedge against an uncertain future, not an 
acquisition program for space-based missile defenses. It is opportunity 
to learn--while there is time to learn--what is possible in space 
against the day when emerging threats may compel us to decide.''
  MG Thomas Deppe, Vice Commander of Air Force Space Command stated:

       Starting the preliminary studies and analysis on a space-
     based layer now will provide time to understand the potential 
     benefits and technological challenges of such a system. Early 
     studies help to reduce risk and better determine cost and 
     feasibility of any space-based endeavor by identifying 
     required technologies.

  The United States must study space-based defenses now while we 
actually have the time to gather the data necessary to make informed 
policy decisions and before we are forced to make a decision in a time 
of crisis.
  I would like to thank Senators Inhofe, Allard, and Sessions for their 
support in ensuring this important initiative was funded.
  This study--some in this body have been afraid of--will help Congress 
understand what a space-based layer in our missile defense system could 
do to defend this Nation from ballistic missile attacks and threats to 
our space systems.
  Mr. ALLARD. Madam President, I would like to associate myself with 
the remarks of Senators Kyl and Inhofe. I supported the Space Test Bed 
study requested by the President. I would have preferred to be here 
today urging that my fellow Senators keep an open mind until that study 
can begin providing data to policy makers.
  Yet there are those who refuse to study--even study--whether space-
based interceptors can offer added defensive capability against 
ballistic missile threats to the United States, our allies, our 
deployed forces, even our national security space systems. As a result, 
this space interceptor study is the best we could get out of the 
Congress this year.
  Let there be no mistake, this is an important step forward. I am 
pleased to have been able to help to push this study across the finish 
line.
  I urge the Secretary of Defense to move quickly to get this study 
underway so that the next administration and the next Congress can 
build on today's study and finally move past the ivory tower debate 
about the weaponization of space.
  Mr. INHOFE. Madam President, I strongly agree with Senator Kyl in 
regard to the space-based interceptor study. This study provides the 
Secretary of Defense an independent assessment of a space-based 
interceptor element of our missile defense system. I think we all agree 
that a layered missile defense capability provides us with the best 
defense against ballistic missile delivered weapons of mass destruction 
as well as a defense against attacks against our satellites which have 
become so necessary to what we do militarily and economically.
  This study will be an independent investigation into the technical 
feasibility and cost effectiveness of incorporating a space-based layer 
to our ballistic missile defense system. The study is neither a 
procurement program nor an attempt to weaponize space. It could lead to 
the development of new technologies and concepts that would provide the 
United States, our allies and our deployed forces protection from the 
threat of rapidly proliferating ballistic missile technology, as well 
as the rising threat of attacks on our vulnerable national security 
space systems.
  As Senator Kyl stated, last year 120 foreign ballistic missiles were 
launched. North Korea, Iran, and China remain likely suspects in 
ballistic missile proliferation and China has proven its ability to 
attack satellites. Recent Russian aggression in Georgia and reports on 
the state of China's military raise concerns about accidental or 
unauthorized launches of ICBMs.
  The threat exists. It is important to do these studies now in order 
to develop the technologies and the defenses we need. Waiting until our 
Nation or our allies are attacked is too late. Wishing away the threat, 
as some in this Congress would have us do, is not a solution.
  I thank my colleagues for this important move to ensure the safety of 
our Nation. Having the knowledge gleaned from this study will allow us 
to decide on the next step, should it be necessary.

                          ____________________




                       CHANGES TO S. CON. RES. 70

  Mr. CONRAD. Madam President, section 225 of S. Con. Res. 70, the 2009 
budget resolution, permits the chairman of the Senate Budget Committee 
to revise the allocations, aggregates, and other levels in the 
resolution for legislation that enhances medical care and other 
benefits for America's veterans and servicemembers. The revisions are 
contingent on certain conditions being met, including that such 
legislation not worsen the deficit over the period of the total of 
fiscal years 2008 through 2013 or the period of the total of fiscal 
years 2008 through 2018.
  I find that S. 3001, the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009, which was cleared by Congress on September 
27, satisfies the conditions of the reserve fund for America's veterans 
and servicemembers. Therefore, pursuant to section 225, I am adjusting 
the aggregates in the 2009 budget resolution, as well as

[[Page 23007]]

the allocation provided to the Senate Armed Services Committee.
  I ask unanimous consent to have printed in the Record the following 
revisions to S. Con. Res. 70.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2009--S. CON. RES. 
   70; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 225 
 DEFICIT-NEUTRAL RESERVE FUND FOR AMERICA'S VETERANS AND SERVICEMEMBERS

                        [In billions of dollars]

        Section 101
(1)(A) Federal Revenues:-
    FY 2008...................................................1,875.401
    FY 2009...................................................2,029.661
    FY 2010...................................................2,204.695
    FY 2011...................................................2,413.285
    FY 2012...................................................2,506.063
    FY 2013...................................................2,626.571
                                    (1)(B) Change in Federal Revenues:-
    FY 200.......................................................-3.999
    FY 2009.....................................................-67.738
    FY 2010......................................................21.297
    FY 2011.....................................................-14.785
    FY 2012....................................................-151.532
    FY 2013....................................................-123.648
                                             (2) New Budget Authority:-
    FY 2008...................................................2,564.237
    FY 2009...................................................2,538.265
    FY 2010...................................................2,566.826
    FY 2011...................................................2,692.486
    FY 2012...................................................2,734.102
    FY 2013...................................................2,858.843
                                                   (3) Budget Outlays:-
    FY 2008...................................................2,466.678
    FY 2009...................................................2,573.277
    FY 2010...................................................2,625.751
    FY 2011...................................................2,711.447
    FY 2012...................................................2,719.529
    FY 2013...................................................2,851.939


CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2009--S. CON. RES. 
   70; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 225 
 DEFICIT-NEUTRAL RESERVE FUND FOR AMERICAS VETERANS AND SERVICEMEMBERS

                        [In millions of dollars]

Current Allocation to Senate Armed Services Committee-
    FY 2008 Budget Authority....................................119,050
    FY 2008 Outlays.............................................118,842
    FY 2009 Budget Authority....................................126,030
    FY 2009 Outlays.............................................125,863
    FY 2009-2013 Budget Authority...............................668,567
    FY 2009-2013 Outlays........................................667,908
Adjustments-
    FY 2008 Budget Authority..........................................0
    FY 2008 Outlays...................................................0
    FY 2009 Budget Authority........................................-27
    FY 2009 Outlays...................................................7
    FY 2009-2013 Budget Authority....................................-2
    FY 2009-2013 Outlays.............................................-8
Revised Allocation to Senate Armed Services Committee-
    FY 2008 Budget Authority....................................119,050
    FY 2008 Outlays.............................................118,842
    FY 2009 Budget Authority....................................126,003
    FY 2009 Outlays.............................................125,870
    FY 2009-2013 Budget Authority...............................668,565
667,90009-2013 Outlays...............................................

                          ____________________




                   FURTHER CHANGES TO S. CON. RES. 70

  Mr. CONRAD. Madam President, section 223 of S. Con. Res. 70, the 2009 
budget resolution, permits the chairman of the Senate Budget Committee 
to revise the allocations, aggregates, and other levels in the 
resolution for legislation that invests in America's infrastructure, 
including rail projects. The revisions are contingent on certain 
conditions being met, including that such legislation not worsen the 
deficit over the period of the total of fiscal years 2008 through 2013 
or the period of the total of fiscal years 2008 through 2018.
  I find that H.R. 2095, the Federal Railroad Safety Improvement Act, 
satisfies the conditions of the reserve fund for investments in 
America's infrastructure. Therefore, pursuant to section 223, I am 
adjusting the aggregates in the 2009 budget resolution, as well as the 
allocation provided to the Senate Commerce, Science, and Transportation 
Committee.
  I ask unanimous consent to have printed in the Record the following 
revisions to S. Con. Res. 70.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2009--S. CON. RES. 
   70; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 223 
       DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AMERICA'S 
                             INFRASTRUCTURE

                        [In billions of dollars]

        Section 101
(1)(A) Federal Revenues:-
    FY 2008--.................................................1,875.401
    FY 2009--.................................................2,029.667
    FY 2010--.................................................2,204.701
    FY 2011--.................................................2,413.291
    FY 2012--.................................................2,506.069
    FY 2013--.................................................2,626.577
(1)(B) Change in Federal Revenues:-
    FY 2008--....................................................-3.999
    FY 2009--...................................................-67.732
    FY 2010--....................................................21.303
    FY 2011--...................................................-14.779
    FY 2012--..................................................-151.526
    FY 2013--..................................................-123.642
(2) New Budget Authority:-
    FY 2008--.................................................2,564.237
    FY 2009--.................................................2,538.268
    FY 2010--.................................................2,566.829
    FY 2011--.................................................2,692.492
    FY 2012--.................................................2,734.110
    FY 2013--.................................................2,858.852
(3) Budget Outlays:-
    FY 2008--.................................................2,466.678
    FY 2009--.................................................2,573.280
    FY 2010--.................................................2,625.754
    FY 2011--.................................................2,711.453
    FY 2012--.................................................2,719.537
2,851.948--..........................................................
                                  ____



CONCURRENT RESOLUTION ON THE BUDGET FOR FISCAL YEAR 2009--S. CON. RES. 
   70; REVISIONS TO THE CONFERENCE AGREEMENT PURSUANT TO SECTION 223 
       DEFICIT-NEUTRAL RESERVE FUND FOR INVESTMENTS IN AMERICA'S 
                             INFRASTRUCTURE

                        [In millions of dollars]

Current Allocation to Senate Commerce, Science, and Transportation 
    Committee-
    FY 2008 Budget Authority-....................................13,964
    FY 2008 Outlays--.............................................9,363
    FY 2009 Budget Authority-....................................14,432
    FY 2009 Outlays--............................................10,250
    FY 2009-2013 Budget Authority................................75,918
    FY 2009-2013 Outlays-........................................49,960
Adjustments-
    FY 2008 Budget Authority-.........................................0
    FY 2008 Outlays--.................................................0
    FY 2009 Budget Authority-.........................................3
    FY 2009 Outlays--.................................................3
    FY 2009-2013 Budget Authority....................................29
    FY 2009-2013 Outlays-............................................29
Revised Allocation to Senate Commerce, Science, and Transportation 
    Committee-
    FY 2008 Budget Authority-....................................13,964
    FY 2008 Outlays--.............................................9,363
    FY 2009 Budget Authority-....................................14,435
    FY 2009 Outlays--............................................10,253
    FY 2009-2013 Budget Authority-...............................75,947
49,989009-2013 Outlays...............................................

                          ____________________




                      INSPECTOR GENERAL REFORM ACT

  Mr. LIEBERMAN. Madam President, I am proud to note that Congress, 
Saturday, voted to pass and send to the President the Inspector General 
Reform Act of 2008. This bipartisan bill reflects the broad 
congressional support for the outstanding work of our inspectors 
general and our desire to ensure that these important and unique 
Government officials are given the tools and the accountability to 
perform at their very best. I want to commend my colleagues, Senator 
McCaskill and Senator Collins, with whom I cosponsored this bill in the 
Senate, for their leadership and hard work on this issue. I also want 
to recognize the efforts of Congressman Cooper of Tennessee in the 
House, who has worked diligently on this legislation or some version of 
it through several Congresses.

[[Page 23008]]

  It has been 30 years since Congress, as part of its post-Watergate 
reforms, passed the Inspectors General Act of 1978 that created an 
Office of Inspector General in 12 major departments and agencies to 
hold those agencies accountable and report back both to the agency 
heads and Congress on their findings. The law was amended in 1988 to 
add an inspector general to almost all executive agencies and 
departments.
  The experiment has been a great success, hailed as a sort of consumer 
protector for the taxpayer deep within each agency. IG audits generate 
billions of dollars in potential savings each year. They also safeguard 
something even more valuable public trust in our Government by exposing 
shortcomings in Government practices and official conduct. Some of 
these efforts generate front page headlines, but most of it unfolds 
quietly but critically behind the scenes as the IGs help their 
respective agencies establish effective and efficient programs and 
practices that make the most of the taxpayers' hard-earned dollars.
  It is not an easy job to undertake and, over the years, we have 
become aware of several instances where the independence of inspectors 
general appears to be under siege. It is vital that Congress reiterate 
its strong support for the internal oversight IGs can provide and 
ensure they have the independence they need to carry out this vital, 
but often unpopular work.
  Unfortunately, we are also aware of instances in which the watchdog 
needs watching--that is, situations where the inspector general has 
behaved improperly or failed to provide vigorous oversight.
  This legislation attempts to address both problems.
  It includes an array of measures designed to strengthen the 
independence of the inspectors general, such as requiring the 
administration to notify Congress 30 days before attempting to remove 
or transfer an IG. This would give us time to consider whether the 
administration was improperly seeking to displace an inspector general 
for political reasons because the IG was, in effect, doing his or her 
job too well. It requires that all IGs be chosen on the basis of 
qualifications, without regard to political affiliation.
  The legislation would codify and strengthen the existing IG councils, 
creating a unitary council that can provide greater support for IGs 
throughout the Government.
  The bill would provide greater transparency of IG budget needs, 
including funds for training and council activities, to help ensure the 
IG offices have the resources they need for their investigations.
  The legislation also adjusts IG pay. It prohibits bonuses for IGs to 
remove a potential avenue for improper influence by the agency head. To 
compensate for this ban and to reflect the importance of the work they 
do, most IGs would receive an increase in their regular pay. Currently, 
some IGs earn less than other senior officials in their agency and 
sometimes even less than some of their subordinates.
  Our bill also enhances IG accountability by strengthening the 
Integrity Committee that handles allegations against inspectors general 
and their senior staff, and facilitating greater oversight of the 
Integrity Committee by Congress.
  Both the House and Senate versions of this bill received overwhelming 
bipartisan support, and since Senate passage last spring we have worked 
with the House to craft the consensus language that has now won 
congressional approval. We have also worked with the administration to 
address many of their initial concerns, and it is my great hope that 
the President will promptly sign this bill into law.

                          ____________________




                                 AFRICA

  Mr. FEINGOLD. Madam President, last week I chaired a hearing on the 
``resource curse'' and Africa's management of its extractive 
industries. In too many parts of Africa, a wealth of natural resources 
that should be fueling economic development are instead sources of 
corruption and conflict. This is especially the case with Sub-Saharan 
Africa's leading oil-producing nations. Just a few days ago, 
Transparency International released its corruption index, naming of 
Africa's top 3 oil producers--Chad, Equatorial Guinea, and Sudan--among 
the top 10 most corrupt countries. This corruption as well as the 
discrepancy between persisting poverty and skyrocketing revenues is a 
recipe for instability in these countries, breeding weak and failing 
states.
  Nowhere are the consequences of the ``resource curse'' more acute or 
alarming than Nigeria's Delta region. For the last three decades, local 
communities there have been marginalized politically and economically 
as oil companies, with the government's backing, have seized some of 
the world's richest oil deposits. And, while the private sector is 
pervasive, the federal government is virtually absent--replaced by 
roving bands of criminals, working in many cases for local governors. 
The weak infrastructure, lack of opportunities for political 
participation by local communities, endemic poverty, influx of arms, 
and presence of lootable extractives have turned the delta into a 
powder keg over recent years.
  In that swamp--and I say ``swamp'' both literally and 
metaphorically--have arisen several armed groups that seek to appeal to 
the legitimate grievances of communities for both political and 
criminal ends. These groups, many of which claim to be part of a loose 
coalition called the Movement for the Emancipation of the Niger Delta, 
or MEND, have targeted oil companies operating in the region, 
kidnapping employees for ransom and attacking pipelines and other 
installations. Simultaneously, they have become heavily involved in the 
lucrative trade in oil stolen from the delta's vast pipelines which is 
called ``bunkering.'' Some estimates suggest that as much as 10 percent 
of Nigeria's current production is siphoned off illegally, creating a 
shadow economy that undermines the security of the wider Gulf of Guinea 
region.
  The Nigeria Government's response to the Delta crisis--sporadic 
military campaigns, empty promises of development and half-hearted 
attempts at political dialogue--has only made matters worse. In many 
cases there are definite but ambiguous links between the military and 
the militants--each out for personal gain as the political economy of 
war perpetuates the illicit nature of these activities. In addition, 
the military campaigns to date have only served to provoke the 
insurgency, leading to fighting that has left civilians killed and 
displaced. Furthermore, the lack of clear distinction between the 
security forces of the oil companies and the Nigerian military feeds 
communities' perception that the two are interchangeable. Meanwhile, 
despite promises made, there has still not been a serious initiative to 
address the underdevelopment of the region. The necessary revenues are 
clearly available with Nigeria's economic boom, but a lack of political 
will prevails. This is in part because there are officials at the 
federal, state, and local levels who continue to benefit from the 
instability in the delta, either by their involvement in the illegal 
oil trade or other corruption.
  Without a commitment from the top leadership in Nigeria--as well as 
support from key members in the international community--a growing 
number of individuals at the top will continue to profit, while those 
at the bottom have almost no say in the development of their society. 
Genuine peacemaking in the delta region will require not only 
legitimate political negotiations but a convincing case for 
transforming the illicit war economy into one of peace. There will need 
to be viable institutions, not one hollowed out from corruption, which 
can address economic and political decisionmaking. And there will need 
to be opportunities for local communities to engage and hold their 
leaders accountable. Only then will we begin to see change in the 
delta.
  Under this administration, the United States has made few efforts to 
address the instability in the Niger Delta, despite Nigeria being a key 
U.S. partner and the fifth largest source for U.S. oil imports. I 
recognize that the insecurity in the delta makes it very

[[Page 23009]]

hard for our embassy officials--who are doing great work in an already 
tough posting--to travel there, but without consistent diplomatic 
outreach and presence in the region, our ability to engage is severely 
handicapped. How can we be sure the information we are getting is valid 
if we don't have our own eyes and ears to help inform our strategic 
thinking? The information gap in the Niger Delta is a very real deficit 
even though it may not seem pressing compared to some of the other 
national security threats we face. Getting our diplomatic corps into 
one of the world's most neglected regions will help us identify the 
full scope of the area's problems and come up with a sound plan for 
addressing them.
  In June, I wrote to Secretary Rice, expressing my concern and 
inquiring about the potential for more frequent diplomatic travel to 
the region. I understand that along with the security concerns, 
financial costs also play a role here. But the costs to U.S. long-term 
security of not directly engaging this problem now are much greater.
  The work of our diplomats on the ground though must be backed by 
high-level support from Washington. On the Niger Delta--or Nigerian 
affairs in general, for that matter--we have not seen adequate 
leadership from the Secretary of State or the President. Looking to the 
next administration, we must reengage at all levels. This must be a top 
priority for whoever becomes the next Assistant Secretary for African 
Affairs, and I will work in my capacity in Congress to ensure we give 
greater attention to the crisis in the delta. We must think creatively 
about how we can rally our international partners and muster the many 
resources at our disposal to push for a comprehensive solution. In the 
months and years ahead, I believe there are few more pressing issues in 
terms of U.S. security and interests in Africa.
  Now is the moment to engage. Just over a week ago, insurgents in the 
delta declared an ``oil war,'' after accusing the Nigerian military of 
new and unprovoked attacks. The 6 days of conflict that ensued between 
the militants and Nigerian soldiers were the most intense violence the 
region had seen in years. Reports suggest that oil output was cut by at 
least 150,000 barrels, but more importantly the violence left hundreds 
of people killed and many more displaced. I fear that we may only see 
this situation get worse as all sides, regardless of their rhetoric, 
cling to military strategies that only further entrench this conflict.
  Nevertheless, there is an opportunity here to use this escalation to 
refocus international attention on this crisis and jumpstart a 
comprehensive political process to address its underlying causes. In 
the last month, there have been some positive developments that can be 
built upon.
  First, President Yar'Adua recently announced the creation of 40-
person technical committee and an entire ministry for the Niger Delta. 
If managed well and held accountable, these entities hold the potential 
to finally deliver on promises for economic development in the delta, 
especially infrastructure construction and job creation.
  Second, the Government has called for the development of a 
certification scheme to track the theft and lucrative sale of so-called 
``blood oil.'' It is unclear how such a scheme would work or whether 
the will really exists in Abuja to support it, but this provides an 
entry point to discuss ways to improve maritime security. A 2005 report 
by the Center for Strategic and International Studies suggested that 
better surveillance of two river systems alone could make a huge dent 
in the illicit oil trade in the delta.
  Third and finally, it should be noted that Nigeria's ranking improved 
in this week's Transparency International's corruption index, 
suggesting some progress has been made. Of course, these rankings are 
not precise and far more progress is needed.
  Mr. President, I realize that this situation is very complex and that 
many talented and thoughtful people have met over the last decade in 
various conferences, workshops, and summits to devise plans for peace 
in the delta. I am not under the illusion that stabilizing this region 
will be easy or straightforward, but I do know that the United States 
does not currently have the institutional leadership, resources, or 
coordination that we need to effectively engage in that undertaking and 
wield meaningful leverage. As we look ahead to the next administration 
and Congress, this must change not only the sake of African communities 
caught in the midst of violence and poverty but also for our own 
security.

                          ____________________




                IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES

  Mr. CRAPO. Madam President, in mid-June, I asked Idahoans to share 
with me how high energy prices are affecting their lives, and they 
responded by the hundreds. The stories, numbering well over 1,000, are 
heartbreaking and touching. To respect their efforts, I am submitting 
every e-mail sent to me through an address set up specifically for this 
purpose to the Congressional Record. This is not an issue that will be 
easily resolved, but it is one that deserves immediate and serious 
attention, and Idahoans deserve to be heard. Their stories not only 
detail their struggles to meet everyday expenses, but also have 
suggestions and recommendations as to what Congress can do now to 
tackle this problem and find solutions that last beyond today. I ask 
unanimous consent to have today's letters printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       I am worried about our country. The Senate is in a position 
     to do something about it. Currently we are being kicked 
     around by oil interests both abroad and within our 
     boundaries. This must come to an end. [Misinformation is 
     being circulated about energy.] For example, if we drill in 
     new areas in Alaska it will affect gas prices of a penny a 
     gallon ten years from now--this is a ridiculous statement. 
     They have no basis for a stupid statement like that. I 
     believe we need to eliminate importation of oil on principle. 
     It is essential to drill by opening up new fields in Alaska, 
     offshore on Pacific coast, the Atlantic coast, and the Gulf 
     of Mexico. Shell Oil indicates that they can extract oil from 
     shale for $28 per gallon. Even with government subsidies, I 
     advocate a crash program to start extracting oil from shale 
     and from oil sands in Canada. It requires energy to extract 
     oil from shale. Why not atomic energy to extract that oil? In 
     American Falls, we are trying to get a coal gasification 
     plant. We could use your help in running that through. 
     Potentially this can be a cheap source of hydrogen. American 
     Falls has the potential of truly being in a county of power. 
     There is also the potential of using plant materials for 
     alcohol production. We have an incredible debt. This is a way 
     of solving that debt problem. All things are possible; we 
     have the means to do it. We can solve our energy problems 
     while simultaneously turning America around economically.
     Jim, Moscow.
                                  ____

       What I want a Senator for Idaho to vote for legislation 
     that will help solve our climate crisis. And a Senator who 
     does not couch his words in terms such as utilizing proven 
     reserves; that means you want to drill in ANWR, right? You 
     are the problem, not the solution.
     Bud, Victor.
                                  ____

       Thank you for asking for our input on this incredibly 
     important matter. I own and operate a 3,000-acre diversified 
     farming operation in Oakley. I raise potatoes, wheat, barley, 
     corn and alfalfa. I probably do not need to say any more 
     about how energy prices are affecting my operation. Not just 
     fuel alone, but so many other inputs that we depend on such 
     as fertilizer, chemicals, PVC pipe for underground irrigation 
     are going up faster than fuel. In the Idaho potato business, 
     we depend on a national market to stay viable because of our 
     distance from large population areas. The cost of sending a 
     semi-trailer load (450 cwt.) of potatoes to Florida is 
     currently over $6,000. That is making it far more difficult 
     to compete with the local growers, even though their product 
     is usually inferior to Idaho.
       As far as my view of a solution. Drill here and drill now! 
     It is ludicrous and maddening what the liberals has done in 
     curtailing our ability to use our own resources. They are 
     100% responsible for this mess, and they will pay down the 
     road if they do not realize it soon. As a nation, we are on 
     the verge of an energy crisis that I am not sure we can ever 
     recover from, if it occurs. Their plan to push conservation 
     and tax the big oil companies is simply irresponsible. No one 
     ever saved their way into prosperity. We need to turn the oil 
     companies loose to tap our own reserves and build more 
     refineries, and allow private enterprise to develop new 
     sources of energy.
       Thanks again for this opportunity to vent.
                                                    Randy, Oakley.

[[Page 23010]]

     
                                  ____
       I ride my bike so my gas price is $0/gallon. Plus, my 
     pollution impact is non-existent, impact to the roads minimal 
     and impact to my health is high.
     Mike, Boise.
                                  ____

       Our concrete and sand and gravel business uses between 
     30,000 and 40,000 gallons of diesel fuel per month. So our 
     unexpected increase in costs is almost $500,000 this year. 
     The knee-jerk answer to this problem I hear is ``you guys 
     just pass it along to the consumer''. But we have commitments 
     to certain prices on our jobs. Jobs in our industry do not 
     get repriced every night when fuel goes up. So we cannot pass 
     all of the increase along and so profits suffer.
       The other side of this is what about the consumer of our 
     products? What does he do with that kind of increase? He is 
     the homeowner, the small contractor, the big contractor, the 
     farmer, or the dairy owner. He takes the hit so we can export 
     our whole productive economy to foreign countries that hate 
     us anyway. How much of this run up is speculation? When the 
     bubble bursts, will the federal government bail out the 
     speculators?
     David, Rupert.
                                  ____

       I have got a story on energy prices for you. My story is 
     based on fact from the congressional record of Senator 
     Crapo's voting history.
       Once upon a time (in 2007), there was a good energy bill 
     (H.R. 6) that supported the research and development of 
     alternative fuels. (This should have been done a long time 
     ago so the work could have been done ahead of time so it is 
     ready we need it, instead of now when it is an ``emergency'', 
     but the Congress did not care about it then.) There was an 
     amendment to this bill (1505) proposed by Sen. Inhofe that 
     would have given many billions of dollars to the oil 
     companies instead of having that money go to supporting 
     alternative cleaner renewable energy resources. There had 
     already been a history of [giving billions of dollars in tax 
     breaks to the oil companies. I believe that the oil companies 
     have suppressed information on cleaner energy, pollution 
     impact on the environment, and vehicle efficiency 
     technologies through media spin. Senator Crapo says he is a 
     good man and supports cleaner energy sources instead of the 
     oil companies. But when the vote for the Inhofe amendment 
     came up, he voted for it. And the nation lived miserably ever 
     after.]
       Seriously, when you go along with the president on such 
     outrageous things as imprisonment and torture of people in 
     secret prisons for indefinite periods without charges filed, 
     suspension of habeas corpus, illegal wiretapping of U.S. 
     citizens without warrants and then giving retroactive 
     immunity to the telecoms for doing it, etc., etc., I find it 
     hard to take seriously your claim that you have the public's 
     best interest in mind. You are voting along with the 
     president's wishes in serious violations of the Constitution. 
     It is against your oath of office, and you should not be 
     doing it.
     Rockford, Boise.
                                  ____

       Historically, the United States has paid less at the pump 
     than all other industrialized nations. Today--with the 
     alleged heinous increases--we continue to pay less than 
     Canada does at the pump (over $2/liter) and as you know it is 
     from Canada that we get most of our oil. I approve of 
     protecting the environment at the pump.
       Thanks for asking
     Lynn, Island Park.
                                  ____

       I support your recent position of the ``global warming'' 
     legislation that would have resulted in higher gas prices and 
     higher energy costs, in general. I cannot believe that 
     Congress has failed to act on measures to make this nation 
     independent of OPEC's monopoly; we saw the current situation 
     coming way back in the 1970s with long gas lines etc. I am an 
     environmentalist; however, I believe we should responsibly 
     develop all potential oil reserves including off the coasts 
     and in ANWR. This ``global warming'' hysteria is plain old 
     hogwash, and a lot of players are or will make millions off 
     people's fears. It is a proven fact that the planet and the 
     oceans have been in a cooling state since 1998; the record 
     snowfalls in Idaho this year are testimony. It has been shown 
     that the activity on the sun if far more important than man's 
     activities when it comes to changing climate. Man's 
     activities simply make things worse than they would be 
     naturally.
     Bill.
                                  ____

       Thank you for taking the time to ask about the people here 
     in Idaho. Recently my husband lost his job. With high gas 
     prices, it has been difficult for his to travel to job 
     interviews. I have had to find a new job, because I cannot 
     afford the 40-minute drive to and from work everyday. My 
     father and mother live in Logan, Utah. My dad has cancer and 
     became very ill last February. He became paralyzed from the 
     cancer, choking off the spinal cord. Luckily, he is 
     recovering very well. But both my parents need help. 
     Unfortunately, with the high gas prices, I have not been able 
     to visit my parents in three months. My family cannot afford 
     to take a vacation. Not even a short drive to Yellowstone 
     Park. With no job for my husband, sky-high gas prices, high 
     food prices, we cannot do anything. My husband may end up 
     taking a job 8\1/2\ hours away from us. With gas prices, we 
     will be lucky to see him once a month. This is a sad 
     realization for me and my three children.
       My in-laws and several friends are farmers. Their lives are 
     a struggle. Farmers are talking about selling their beloved 
     farms for housing developments. This will happen is the gas 
     prices do not come down. Then where will we be? There will be 
     no food for anyone. At least, we will not be able to afford 
     the food in the stores. The future is looking bleak for the 
     people in our areas.
       Senator Crapo, please do something to help the people of 
     Idaho. Let the Senate know we here in Idaho do not want to 
     lose everything. Help the prices go down; help the people 
     feel they can enjoy life.
     Katrina, Idaho Falls.
                                  ____

       I am the Director of Career Services at ITT Technical 
     Institute here in Boise. Many of our students are driving 
     from as far away as Ontario, Oregon, to come to our school. 
     Since the gas prices have increased, we are seeing it impact 
     our enrollment level and our drop level. Many of our students 
     would love to take the bus to our campus, but our classes get 
     out at 10:30 at night and there are no busses running late 
     enough to get them home. Why is it we do not have buses that 
     run at least until midnight on all of the major streets in 
     the valley? I know that more people would ride bus if it 
     actually accommodated their work, school, and shopping 
     schedules. How can we get out of our cars, when there are no 
     viable alternatives?
       I am a baby boomer taking care of elderly parents. As I age 
     and my parents age, I am more aware of the dangers we face 
     with elderly drivers on our roads. Their reflexes are slower, 
     their hearing is bad, and their eyes are often clouded with 
     cataracts. We need a safe an efficient way of transporting 
     people of all ages around the city.
       Our elderly and disabled are often confined to their homes 
     where they are out of our sight. Many of them are living at 
     or below the poverty level. These prices are forcing those 
     who already have cut back on everything to now look at 
     whether or not they can even buy food.
       To make alternative transportation even worst, we do not 
     have roads that our designed to accommodate both cars and 
     bicycles. I would actually ride a bike to work, or even walk 
     if their was more than 12 inches between me and the cars that 
     are going 45 miles per hour along side me.
       My last word is, drill now in the U.S., and help us to 
     become less dependent on countries that hate us. The entire 
     world is looking to find alternative to gas and we have been 
     trying to find alternatives ourselves since the 70s. We are 
     not the only nation hurting from energy prices. Are we so 
     arrogant that we think we are the only ones who are hurting 
     from this, or the only ones who will solve the problem? 
     Alternatives to gas, is not something that will be solved 
     overnight. We can drill safely and we can do it quickly. We 
     know where it is, all we need to do is drill. So while the 
     world is looking for a solution. Let us drill and improve our 
     public transportation systems.
     Barbara, Boise.
                                  ____

       I bought this 2004 Toyota pickup when gas hit $2 a gallon 
     and traded a V8 4 X 4 gas guzzling Hot rod Dodge! I had to 
     trade it for a car when it hit $4.13 a gallon on June 13, 
     2008. I have a few friends and relatives that are not so 
     lucky! The dealerships will not take their late model 4 X 4 
     V8's or Diesels in trade. These aforementioned vehicles are 
     now nearly worthless. In some cases, the owners owe more than 
     twice as much as they are worth.
       Drill Drill Drill Build Build Build more refineries. Take 
     the handcuffs off the oil industry. Give huge tax incentive 
     and cut the [rhetoric] about windfall profits.
     Perry, Meridian.
                                  ____

       Thank you for this opportunity to comment on the current 
     energy situation in Idaho. The increase in gasoline prices 
     has definitely had an impact upon my family. We are feeling 
     the pinch not only in fuel prices but in the prices of 
     everything we buy. We recently purchased two used three-
     cylinder cars, a Geo Metro and a Subaru Justy as an attempt 
     to save on commuting costs. Sadly, there does not seem to be 
     anything we can do about our other increasing costs.
       We are firm believers in the viability of nuclear power. I 
     believe that we have the solution to most of our energy needs 
     already in hand in the form of nuclear power generation. 
     France and Japan produce 85% of their electricity by nuclear 
     power and neither nation has reported any significant 
     problems. We have the technology and the resources to make it 
     safe and economical. The American masses who oppose the use 
     and expansion of this technology are driven by fears based on 
     outdated information and are lead by uninformed or self 
     promoting fear mongers. We need to move quickly to support 
     nuclear technology. We need to expound on the facts and 
     expose the purveyors of false information.
       Nuclear power produces far less pollution and has a far 
     safer history than any other type of power generation 
     technology. The

[[Page 23011]]

     waste generated by nuclear power generation can be captured 
     and safely stored in a can until we develop the technology to 
     permanently dispose of it. Can we say the same for fossil 
     fuel-based energy production? No, we spew it out into the 
     atmosphere where it affects everything and everyone. If those 
     who claim that the world is being destroyed by global warming 
     truly believed their own rhetoric they would support the 
     expansion of nuclear power generation. I believe the solution 
     to the so called ``nuclear waste problem'' could have been 
     developed by now had we continued our research funding and as 
     a result we would not be facing the energy crisis we now find 
     ourselves in.
       If you would like additional information with supporting 
     documentation I would be happy to provide it. I am not a 
     nuclear scientist and do not profess to be an expert at all. 
     I only hope to see this viable technology considered as part 
     of our policy to reduce foreign oil dependency.
     Tim, Boise.
                                  ____

       In 2004 my mother-in-law passed away in Filer. My father-
     in-law was not coping well without his wife. My wife and I 
     live in Soda Springs. We made the decision to have the wife 
     move back to Filer with her dad for awhile. She found a great 
     job in Twin and things were going well so we purchased 
     another home in Twin and she stayed there helping her family, 
     Dad and making much more money with a career in Twin Falls 
     that was not available in Soda Springs. This was fine until 
     last year when fuel started rising. With two homes, double 
     utilities and raising gas prices our weekly commutes of 177 
     miles between Soda and Twin all but ended. We are in the 
     process of moving the wife back to Soda and renting out the 
     Twin Falls home. Fuel costs and rising costs in general have 
     created a huge hardship for us. With both of our incomes, it 
     is just cheaper to combine in Soda rather than try to 
     commute. With two good incomes, you would think we would be 
     in fat city! We give up a very good income by my wife moving 
     back to Soda. We have almost divorced over this as it has 
     caused so much stress.
       My thoughts on energy: I know we have much natural gas and 
     it burns in vehicles but no infrastructure to utilize it. It 
     is also clean. I also know this country has a huge supply of 
     coal. The Germans refined gas from coal in WW2. The tree 
     huggers and go gooders will never permit it. We need to stop 
     any use of foreign oil as soon as possible. They have us over 
     a barrel . . . no pun intended.
     Bob and Dianne, Soda Springs.
                                  ____

       I am a disabled 52-year-old man on a fixed income; SSI. I 
     am a past City of Pocatello employee for almost 20 years in 
     the field of law enforcement. I have no retirement and depend 
     solely on SSI income. I was born and raised in Pocatello, 
     worked for the municipality and now struggles to survive. I 
     now stay home or go to medical appointments. I no longer has 
     discretionary funds, not even for gas.
       That's my story, and I'm stuck with it.
     Michael.
                                  ____

       Thank you so much for your honest interest in the everyday 
     Idahoan and the effect that gas prices have on our lives. I 
     do not have a unique story to share with you. I am 
     wholeheartedly in agreement that we need new sources for our 
     energy usage. I believe that we need to drill for oil on our 
     own soil. It would seem to me that there must be ways to do 
     that and keep environmental concerns in mind. I believe that 
     there are things that can be done to make vehicles use 
     gasoline more efficiently; perhaps even run on alternate 
     materials. Public transportation needs updated and should 
     include ways to help all members of our population.
       I am very fortunate that my husband and I have jobs that 
     have not been cut due to the recent rise in energy costs, but 
     we are making changes in the way we live our day. I got a job 
     closer to home, we stopped going for evening drives as a form 
     of entertainment, we are not going on a vacation this summer, 
     we combine our errands into one trip, we had a more efficient 
     heating/cooling system installed in our home, and got a more 
     efficient roof. We are doing what we know how to do, as I 
     imagine are most people.
       I do want to suggest that docking the oil companies with 
     wind-fall taxes isn't going to help. They will just hike the 
     prices of the gas to cover their taxes. Some creative minds 
     need to be gathered together to help the U.S. get themselves 
     out of the mess they've gotten themselves into. It is time to 
     cut the ties with eastern oil producers. That would seem a 
     much more efficient and strong message than fighting with 
     their countries' leaders. Big oil companies will, no doubt, 
     have to make some changes to the way they do business. We all 
     have to make changes. So many people have lost their jobs. 
     For some people, the cost of gas offsets the income they make 
     by going to work.
       I hope these thoughts will be of some help to you. I thank 
     you, again, for working to help all of us.
     Peggy, Boise.

                          ____________________




                   NATIVE AMERICAN HOUSING ASSISTANCE

  Mr. DORGAN. Madam President, today I applaud the passage of the 
Native American Housing Assistance and Self-Determination 
Reauthorization Act of 2008, NAHASDA. This act will continue to provide 
thousands of homes for American Indian and Alaska Native families.
  The bill passed today reauthorizes and enhances the Native American 
Housing Assistance and Self-Determination Act, NAHASDA, adopted in 
1996. The act provides formula-based block grant assistance to Indian 
tribes, which allows them the flexibility to design housing programs to 
address the needs of their communities.
  The system set up by this housing law has been very successful in 
addressing the housing crisis in Indian Country, and this 
reauthorization will go even further in providing homes to thousands of 
Indian families who desperately need them. Instead of being a one size 
fits all national program; it provides grants to tribes, allowing them 
to tailor housing programs to fit their needs. It has already enabled 
thousands of families to rent and own homes, and now thousands more 
will have access to much needed housing.
  Despite the continued success of NAHASDA, there is still a housing 
crisis in Indian Country, where 90,000 Indian families are homeless or 
underhoused. Of those who do have housing, approximately 40 percent of 
on-reservation housing is considered inadequate, and over one-third of 
Indian homes are overcrowded.
  The legislation passed today will strengthen NAHASDA by providing 
tribes with increased flexibility, with the goal of producing more 
homes in Indian Country. The bill will allow funds to be utilized for 
community buildings such as daycare centers, laundromats, and 
multipurpose community centers, with the hope of not only building 
homes but also building communities. The bill also authorizes a study 
to assess the existing data sources for determining the need for 
housing and funding programs.
  Adequate housing is the first and most necessary step in building a 
strong community, and many people in Indian Country have gone on for 
far too long without a roof over their heads. This bill is more than 
just a housing act--it will give tribes more authority over their own 
land and truly help build stronger communities in Indian Country.
  Mr. President, please allow me to thank Leader Reid, Senator 
Murkowski, Senator Dodd, Senator Inouye, Senator Akaka and Senator 
Shelby for their commitment in getting this legislation passed.
  Thank you to the Senate staff for their hard work on this bill, 
including Allison Binney, Heidi Frechette, Tracy Hartzler-Toon, David 
Mullon, Jim Hall, Jenn Fogel-Bublick, and Mark Calabria.
  Also, thank you to Representative Kildee, Representative Frank, 
Representative Watt, and their staff, Kimberly Teehee, Dominique McCoy, 
Cassandra Duhaney, and Hilary West.
  Finally, this bill would not have been possible without the tireless 
work of tribal leaders, the National American Indian Housing Council, 
the National Congress of American Indians, the National Indian Health 
Board, and Indian housing advocates.

                          ____________________



  (At the request of Mr. Reid the following statement was ordered to be 
printed in the Record.

                                  NASA

 Mr. NELSON of Florida. Madam President, we have just passed 
the NASA reauthorization bill. It is noteworthy that next week, October 
1, the 50th anniversary of the start of the National Aeronautics and 
Space Administration, and if my colleagues will recall, that was 1958. 
My colleagues may remember what was happening. The Soviet Union had 
surprised us by putting into orbit the first satellite, Sputnik and 
America, in midst of the cold war among two superpowers, was absolutely 
shocked that we were behind in our technology; that we could not be 
premier. Then, lo and behold, 3 years later, they shocked us again by 
putting

[[Page 23012]]

the first human in orbit, Yuri Gagarin, for one orbit when, in fact, we 
only had a rocket, the Redstone, that could get a human into suborbit. 
Then we put Alan Shepard and subsequently Gus Grissom in suborbit, and 
then, in the meantime, the Soviet Union put Titov into several orbits. 
Of course, the eyes of the world then focused in on Cape Canaveral, 
when a young marine, one of the original seven American astronauts, 
named John Glenn, climbed into that capsule knowing that the Atlas 
rocket had a 20-percent chance of failure. He rode it into the heavens 
for only three orbits. There was an indication on the instrument panel 
that his heat shield was loose, and as he started the deorbit burn, 
John Glenn knew that if that was an accurate reading, on reentry into 
the Earth's fiery atmosphere, heating up in excess of 3,000 degrees 
Fahrenheit, he would burn up. It is that memorable time when we heard 
his last words before he went into the blackout period on radio 
transmissions: John Glenn humming ``The Battle Hymn of the Republic.'' 
It is hard to tell that story without getting a lump in my throat.
  Of course, what then happened, months before we flew John Glenn, we 
had a young President who said: We are going to the Moon and back 
within 9 years. This Nation came together. It focused the political 
will, it provided the resources, and it did what people did not think 
could be done.
  A generation of young people so inspired by this Nation's space 
program started pouring into the universities, into math and science 
and technology and engineering. That generation that was educated in 
high technology has been the generation that has led us to be the 
leader in a global marketplace by producing the technology, the 
innovations, the intellectual capital that has allowed us to continue 
to be that leader.
  So it is with that background that this Senator, who has the 
privilege of chairing the Space and Science Subcommittee within the 
Commerce Committee, wants to say: Happy birthday, NASA. We are sending 
to the House of Representatives tonight this NASA reauthorization bill, 
which will give the flexibility to the next President, and his designee 
as the next leader of NASA, the flexibility in a very troubled program 
that has not had the resources to do all the things that are demanded 
of it to try to continue to keep America preeminent in space; also to 
continue to have access to our own International Space Station that we 
built and paid for; and then to chart out a course for the future 
exploration of the heavens that will keep us fulfilling our destiny of 
our character as an American people, which is that by nature we are 
explorers and adventurers.
  We never want to give that up. If we ever do, we will be a second-
rate nation. But we would not because we have always had a frontier, a 
new frontier. In the development of this country, it used to be 
westward. Now it i upward and it is inward and that is the frontier we 
want to continue to explore.
  So happy birthday, NASA. It is my hope that we will have the House of 
Representatives take this up on their suspension calendar tomorrow.
  I wish to give great credit to the staff who are in the room for the 
majority and the minority. They all have worked at enormous overload--
Chan Lieu and Jeff Bingham. Jeff, despite the fact of having suffered a 
heart attack earlier this year, and we didn't even let him out of his 
recuperative bed but that I was on the phone with him getting him to 
start corralling all these other Senators and House Members so we could 
get a consensus, so we could come together in an agreement.
  The result tonight is the fact that this has been cleared in a 100-
Member Senate, when Senators are on edge and they are always looking 
for something to object to, and there is no objection here, as ruled by 
the Presiding Officer.
  My congratulations to all the people, to the staff of the Commerce 
Committee, and to the staff of the Science and Technology Committee in 
the House of Representatives, chaired by Congressman Bart Gordon of 
Tennessee. I am very grateful for everybody coming together and making 
this happen.
  I want to say a special thanks to all of the Senate staff who worked 
so hard on the NASA authorization bill. Not just Chan Lieu and Jeff 
Bingham, but also Ann Zulkosky and Beth Bacon on the Commerce 
Committee, as well as Art Maples, my Congressional Fellow. We also had 
tremendous support from our legislative council, Lloyd Ator and John 
Baggley. Thank you all for your hard work and dedication.

                          ____________________




                         ADDITIONAL STATEMENTS

                                 ______
                                 

                    CEDAR RAPIDS COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Cedar Rapids 
Community School District, and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the Harkin grants for Iowa public schools. Since 
1998, I have been fortunate to secure a total of $121 million for the 
State government in Iowa, which selects worthy school districts to 
receive these grants for a range of renovation and repair efforts, 
everything from updating fire safety systems to building new schools or 
renovating existing facilities. In many cases, this Federal funding is 
used to leverage public and/or private local funding, so it often has a 
tremendous multiplier effect in a local school district.
  The Cedar Rapids Community School District received Harkin grants 
totaling $4,912,132 which it used to help modernize and make safety 
improvements throughout the district. Six Harkin construction grants 
totaling $3,750,000 have helped with several projects. A 1999 grant was 
used to help build Viola Gibson Elementary School, and Harkin grants 
helped the district build additions for science and fine arts at 
Jefferson, Kennedy, and Washington High Schools; additions which 
included media centers and additional classrooms at Hoover, Roosevelt, 
and McKinley Middle Schools and Pierce and Wilson Elementary Schools 
and to also make plumbing and HVAC improvements at McKinley. These 
schools are the modern, state-of-the-art facilities that befit the 
educational ambitions and excellence of this school district. Indeed, 
they are the kind of schools that every child in America deserves.
  The district also received six fire safety grants totaling $1,162,132 
to make improvements at buildings throughout the district. The 
improvements included upgraded fire alarm systems, electrical work and 
other safety repairs. The Federal grants have made it possible for the 
district to provide quality and safe schools for their students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the Cedar Rapids Community School District. In particular, I would like 
to recognize the leadership of the board of education--John Laverty, 
Keith Westercamp, Lisa Kuzela, Ann Rosenthal, Melissa Kiliper-Ernst, 
Mary Meisterling, and Judy Goldberg, and former board members Richard 
Bradford, Ken Childress, Doug Henderson, Jeff Ilten, Dennis Kral, Becki 
Lynch, Susan McDermott, Ron Olson, and Al Smith.
  I would also like to recognize superintendent David Markward, former 
superintendent Lew Finch, and staff members including Doug Smith, Bob 
Gertsen, Steve Graham, Susan Peterson, Tom Day, Chris McGuire, Barb

[[Page 23013]]

Harms, Brian Krob, Kathy Conley, Connie Tesar, Wayne Knapp, Larry 
Martin, Bill Utterback, Joyce Fowler, Tim Virden, Rick Netolicky, Becky 
DeWald, Ralph Plagman, Bob Tesar, Terry Strait, Mary Wilcynski, Shannon 
Bucknell, Richard Sedlacek, Ken Morgan, Valerie Dolezal, Mike Allen, 
Steve Hilby, Kristen Ricky, Brian Litts, Gregg Petersen, Kathleen 
Reyner, and David Dvorak, and the following individuals from Shive 
Hattery: George Kanz, Keith Johnk, Jim Knowles, Doug DuCharme, Tim 
Fehr, and Chad Siems.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Cedar Rapids Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them, and wish them a very successful new school 
year.

                          ____________________




                      CHARITON COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Chariton 
Community School District, and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts--everything from updating fire safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.
  The Chariton Community School District received several Harkin fire 
safety grants totaling $193,750 which it used to install fire alarm 
systems with emergency lighting and smoke detectors, replace doors with 
fire rated doors, and upgrade emergency exits in all five district 
facilities. The Federal grants have made it possible for the district 
to provide quality and safe schools for their students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute superintendent Paula Wright and former 
superintendent Robert Newsum, the entire staff, administration, and 
governance in the Chariton Community School District. In particular, 
I'd like to recognize the leadership of the board of education--
president Chuck Crabtree, vice president Nick Hunter, Craig Huff, Craig 
Scott and Dave Rich as well as buildings and grounds director; Dave 
DeBok.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Chariton Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them, and wish them a very successful new school 
year.

                          ____________________




                       CLARKE COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Clarke 
Community School District, and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts--everything from updating fire safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.
  The Clarke Community School District received three Harkin fire 
safety grants totaling $331,099 which it used to replace wiring and 
install fire escapes, fire doors, alarm systems, heat detectors, 
emergency lighting, and firewalls in district school buildings. The 
Federal grants have made it possible for the district to provide 
quality and safe schools for their students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute superintendent Ned Cox and former superintendent 
Steve Waterman and the entire staff, administration, and governance in 
the Clarke Community School District. In particular, I would like to 
recognize the leadership of the board of education--president Linda 
Henry, vice president Ed White, Michael Evink, Mark Jones, Jeff Wilken, 
Steve O'Tool, and Larry Gibbs, and former board members Doug Stearns, 
Kris Lange, Kathy Seelinger, Duane Otto, Darwin Downing, Joni Nelson, 
Chuck DeVos, Carol Reisinger, Roger Cole, Michael Motsinger, and Kevin 
Dorland.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young

[[Page 23014]]

people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Clarke Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them, and wish them a very successful new school 
year.

                          ____________________




                        DOWS COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes, today, to salute the 
dedicated teachers, administrators, and school board members in the 
Dows Community School District and to report on their participation in 
a unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program, its formal name, but it is better known among educators 
in Iowa as the program of Harkin grants for Iowa public schools. Since 
1998, I have been fortunate to secure a total of $121 million for the 
State government in Iowa, which selects worthy school districts to 
receive these grants for a range of renovation and repair efforts--
everything from updating fire-safety systems to building new schools or 
renovating existing facilities. In many cases, this Federal funding is 
used to leverage public and/or private local funding, so it often has a 
tremendous multiplier effect in a local school district.
  The Dows Community School District received a 2002 Harkin grant 
totaling $77,787 to help replace boilers and ceiling tiles at the 
elementary and middle schools. The district also received two fire 
safety grants totaling $51,291 for emergency lighting, heat detectors, 
and other repairs at the schools. The Federal grants have made it 
possible for the district to provide quality and safe schools for their 
students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the Dows Community School District. In particular, I would like to 
recognize the leadership of the board of education--Marty Osterman, 
Kristi Hinkle, Jon Bakker, Betty Ellis, and Corey Jacobson, and former 
board members Shelly Howard and Steve Tassinari. I would also like to 
recognize superintendent Dr. Robert Olson, former superintendent Lyle 
Schwartz, board secretary Carol Hanson, and elementary school principal 
Sara Pralle.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Dows Community School District. There is no question that a quality 
public education for every child is a top priority in that community. I 
salute them, and wish them a very successful new school year.

                          ____________________




                      GLENWOOD COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Glenwood 
Community School District and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts--everything from updating fire-safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.
  The Glenwood Community School District received a 2002 Harkin grant 
totaling $751,000 which it used to help install a new HVAC system at 
the High School. This school is a modern, state-of-the-art facility 
that befits the educational ambitions and excellence of this school 
district. Indeed, it is the kind of school facility that every child in 
America deserves. The district also received a fire safety grant 
totaling $36,048. The Federal grants have made it possible for the 
district to provide quality and safe schools for their students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the Glenwood Community School District. In particular, I would like to 
recognize the leadership of the board of education, Bill Agan, David 
Warren, Frank Overhue, Theresa Romens, and Linda Young, and former 
members, Nancy Krogstad, Paul Speck, and Marland Gammon. I would also 
like to recognize director of operations Dave Greenwood and former 
school improvement coordinator Kerry Newman and current superintendant 
Dr. Stan Sibley.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultra-modern shopping malls and 
gleaming sports arenas on weekends but during the week go to school in 
rundown or antiquated facilities. This sends exactly the wrong message 
to our young people about our priorities. We have got to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Glenwood Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them and wish them a very successful new school 
year.

                          ____________________




                  MOC-FLOYD VALLEY COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the MOC-Floyd 
Valley Community School District, and to

[[Page 23015]]

report on their participation in a unique Federal partnership to repair 
and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the Harkin grants for Iowa public schools. Since 
1998, I have been fortunate to secure a total of $121 million for the 
State government in Iowa, which selects worthy school districts to 
receive these grants for a range of renovation and repair efforts--
everything from updating fire safety systems to building new schools or 
renovating existing facilities. In many cases, this Federal funding is 
used to leverage public and/or private local funding, so it often has a 
tremendous multiplier effect in a local school district.
  The MOC-Floyd Valley Community School District received two Harkin 
fire safety grants totaling $140,380 which it used to install new 
wiring, emergency lighting and doors at Hosper Elementary School and at 
the high school and to install fire detection systems and fire doors as 
well as perform electrical work at four other schools. The Federal 
grants have made it possible for the district to provide quality and 
safe schools for their students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the MOC-Floyd Valley Community School District. In particular, I would 
like to recognize the leadership of the board of education--Gerald 
VanRoekel, Patty Thayer, Deb DeHaan, Shane Jager, Dan Duistermars and 
former board members Ed Grotenhuis and Harry VanderPol. Superintendent 
Gary Richardson and former superintendent Les Douma and buildings and 
grounds director Jim VanOmmeren should also be commended for their work 
on the grant application and implementation.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the MOC-Floyd Valley Community School District. There is no question 
that a quality public education for every child is a top priority in 
that community. I salute them, and wish them a very successful new 
school year.

                          ____________________




                     MOUNT AYR COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Mount Ayr 
Community School District and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the Harkin grants for Iowa public schools. Since 
1998, I have been fortunate to secure a total of $121 million for the 
State government in Iowa, which selects worthy school districts to 
receive these grants for a range of renovation and repair efforts--
everything from updating fire safety systems to building new schools or 
renovating existing facilities. In many cases, this Federal funding is 
used to leverage public and/or private local funding, so it often has a 
tremendous multiplier effect in a local school district.
  The Mount Ayr Community School District received several Harkin fire 
safety grants totaling $124,500 which it used to repair fire safety 
problems. The grants were used to install new heat and smoke sensors, 
self-closing fire doors, evacuation lighting, and improved emergency 
exits and to rewire the fire panel. The Federal grants have made it 
possible for the district to provide quality and safe schools for their 
students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute superintendent Russ Reiter, the entire staff, 
administration, and governance in the Mount Ayr Community School 
District. In particular I would like to recognize the leadership of the 
board of education--president Rod Shields, former president and board 
member Craig Elliott, Beth Whitson, Dave Richards, James Uhlenkamp, and 
board secretary Jeanette Campbell. I would also like to recognize 
former superintendent Bill Decker who was instrumental along with the 
district staff in applying for and implementing the first grants. Also, 
the work of the following people should be cited: head custodian Clint 
Poore, secondary head custodian Mike Gilliland, and local contractor Ed 
Rotert.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Mount Ayr Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them and wish them a very successful new school 
year.

                          ____________________




                     NORTH IOWA COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the North Iowa 
Community School District and to report on their participation in a 
unique Federal partnership to repair and modernize school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts--everything from updating fire-safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.

[[Page 23016]]

  The North Iowa Community School District received several Harkin 
grants totaling $812,000 which it used to help modernize the school 
building and to make safety improvements. The district received a 2001 
Harkin grant for $225,000 to help with classrooms for preschool and 
before and after school programs. The district received a 2002 grant 
for $437,500 to help make renovations in the auditorium and to improve 
accessibility at the elementary school and at the high school. This 
school is a modern, state-of-the-art facility that befits the 
educational ambitions and excellence of this school district. Indeed, 
it is the kind of school facility that every child in America deserves. 
The district also received $150,000 in fire safety grants to make 
safety improvements at schools throughout the district.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the North Iowa Community School District. In particular, I would like 
to recognize the leadership of the board of education--Rande Giesking, 
Diedre Willmert, Renae Sachs, Matt Duve, Julie Balvance, Andrea Bakker, 
and Michael Holstad, and former board members Kim Ruby, Irven Olsen, 
Deb Wirth, Brandi Trent, David Brue, Dale Coy, Mark Ostermann, Tom 
Rygh, Jeff Heitland, Bruce Heetland, and Christian Miller. I would also 
like to recognize superintendent Larry D. Hill, board secretary Cheryl 
Benn, Charlie Smith, K. Lynn Evans, Dr. John Laflen, and Brian 
Blodgett.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the North Iowa Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them, and wish them a very successful new school 
year.

                          ____________________




                     SIOUX CITY COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes, today to salute the 
dedicated teachers, administrators, and school board members in the 
Sioux City Community School District and to report on their 
participation in a unique Federal partnership to repair and modernize 
school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts--everything from updating fire-safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.
  The Sioux City Community School District received six Harkin grants 
totaling $2,225,000 which it used to help modernize and make safety 
improvements throughout the district. The district received a 2000 
grant for $500,000 to help with a science classroom addition to East 
Middle School and a 2002 grant for $1 million to install a new HVAC 
system which improved efficiency and indoor air quality at North High 
School. The district received four fire-safety grants totaling $725,000 
for fire alarms, emergency lighting, and other repairs in several 
schools throughout the district. The Federal grants have made it 
possible for the district to provide quality and safe schools for their 
students.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the Sioux City Community School District. In particular, I would like 
to recognize the leadership of the board of education--president Doug 
Batcheller, vice president John Meyers, James Daane, Greg Grupp, Walt 
Johnson, Nancy Mounts and Jackie Warnstadt and former board members 
Anne James, Flora Lee, John Mayne, Judy Peterson, Bob Scott, Valorie 
Kruse, Ron Jorgensen, and Barbara Benson. I would like to recognize 
superintendent Dr. Paul Gausman, former superintendent Larry D. 
Williams, director of operation and maintenance Mel McKern and 
supervisor for environmental systems Ralph Guenther.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Sioux City Community School District. There is no question that a 
quality public education for every child is a top priority in that 
community. I salute them and wish them a very successful new school 
year.

                          ____________________




                TITONKA CONSOLIDATED COMMUNITY EDUCATION

 Mr. HARKIN. Madam President, in Iowa and across the United 
States, a new school year has begun. As you know, Iowa public schools 
have an excellent reputation nationwide, and Iowa students' test scores 
are among the highest in the Nation.
  I would like to take just a few minutes today to salute the dedicated 
teachers, administrators, and school board members in the Titonka 
Consolidated Community School District, and to report on their 
participation in a unique federal partnership to repair and modernize 
school facilities.
  This fall marks the 10th year of the Iowa Demonstration Construction 
Grant Program. That is its formal name, but it is better known among 
educators in Iowa as the program of Harkin grants for Iowa public 
schools. Since 1998, I have been fortunate to secure a total of $121 
million for the State government in Iowa, which selects worthy school 
districts to receive these grants for a range of renovation and repair 
efforts, everything from updating fire safety systems to building new 
schools or renovating existing facilities. In many cases, this Federal 
funding is used to leverage public and/or private local funding, so it 
often has a tremendous multiplier effect in a local school district.
  The Titonka Consolidated Community School District received a 2005 
Harkin grant totaling $500,000 which it used to help build a new middle 
school

[[Page 23017]]

and an addition at the elementary school. These schools are modern, 
state-of-the-art facilities that befit the educational ambitions and 
excellence of this school district. Indeed, they are the kind of 
schools that every child in America deserves. The district also 
received a fire safety grant totaling $25,000 which it used to update 
sprinkler systems in the district.
  Excellent schools do not just pop up like mushrooms after a rain. 
They are the product of vision, leadership, persistence, and a 
tremendous amount of collaboration among local officials and concerned 
citizens. I salute the entire staff, administration, and governance in 
the Titonka Consolidated Community School District. In particular, I'd 
like to recognize the leadership of the board of education--Laura 
Phelps, Allison Anderson, Gloria Bartelt, Leroy Hoffman and Daryl 
Chapin as well as former board member Lori Miller. I would also like to 
recognize superintendent Ron Sadler, Allen Boyken of Titonka Savings 
Bank, Jeff Carlton of Boyken Insurance, and the staff of Holland 
Contracting and Allers Associates Architects. Two members of the local 
community who were also instrumental in the project were Rhonda Sexton 
and Kathy Studer.
  As we mark the 10th anniversary of the Harkin school grant program in 
Iowa, I am obliged to point out that many thousands of school buildings 
and facilities across the United States are in dire need of renovation 
or replacement. In my State of Iowa alone, according to a recent study, 
some 79 percent of public schools need to be upgraded or repaired. The 
harsh reality is that the average age of school buildings in the United 
States is nearly 50 years.
  Too often, our children visit ultramodern shopping malls and gleaming 
sports arenas on weekends, but during the week go to school in rundown 
or antiquated facilities. This sends exactly the wrong message to our 
young people about our priorities. We have to do better.
  That is why I am deeply grateful to the professionals and parents in 
the Titonka Consolidated Community School District. There is no 
question that a quality public education for every child is a top 
priority in that community. I salute them, and wish them a very 
successful new school year.

                          ____________________




                         TRIBUTE TO ROSE LARSON

 Mr. JOHNSON. Madam President, I wish today to recognize Rose 
Larson of Rapid City, SD. This summer, Rose retired from Federal 
service after a career spanning over 21 years.
  Rose worked as an office manager in the Rapid City district office 
for Senator Tom Daschle for approximately 18 years and joined my 
district office staff in March 2005. Over her years of service, she 
provided consistent and commendable service to both myself and Senator 
Daschle. Her expertise with the various office technologies often kept 
the offices up and running efficiently. She was also able to 
effectively serve as a front line of communication for the general 
public when they contacted my office with comments on issues of 
importance.
  Over 11 years ago, Rose was diagnosed with breast cancer. She fought 
cancer with a steadfast passion and commitment to beat the disease. Her 
success has served as inspiration to others who have battled and are 
currently battling cancer. She has worked tirelessly to educate 
friends, family, and the general public on cancer prevention, 
treatment, and how to fight the disease. She has worked with the 
American Cancer Society on Relay for Life events in western South 
Dakota and helped develop teams to raise money to fight cancer. Rose is 
a beacon of hope and help to many South Dakotans fighting cancer.
  I want to congratulate Rose Larson for her many years of public 
service. Often she worked behind the scenes with little or no credit, 
but her dedicated service and knowledge of her duties was instrumental 
in the successful operation of the congressional offices she worked in.
  I want to wish Rose all the best in her retirement. I want to thank 
her for her great work ethic, her professionalism but most of all, her 
friendship.

                          ____________________




                      TRIBUTE TO GEORGE STRANDELL

 Mr. JOHNSON. Madam President, I wish today to recognize and 
commend George Strandell of South Dakota for his nearly 40 years of 
service to Golden West Telecommunications Cooperative, Inc. George is 
retiring after serving the past 8 years as general manager and chief 
executive officer of Golden West.
  George worked for 19 years as a primary engineering consultant for 
the Golden West Telecommunications Cooperative before being hired as 
the company's outside plant engineer. He served in that capacity for 4 
years before serving 8 years as district manager and then 8 years as 
general manager of Golden West.
  Throughout his career, George had dedicated himself to building 
effective relationships and partnerships on behalf of Golden West and 
the independent telecommunications industry. He is well-respected 
throughout South Dakota, the region and Nation as an effective 
communicator, an administrator willing to tackle and resolve personnel 
and industry challenges and issues. He is able to effectively 
communicate to elected leaders and officials on issues affecting Golden 
West customers, employees, and the independent industry.
  Throughout his career, he has always worked hard to put the customer 
first. He has helped expand and enhance Golden West's role in the 
industry, among allies and associates, but also improved the company's 
ability to serve rural communities and customers and the overall 
general public.
  George provided steadfast oversight to the South Dakota Network, 
which was formed by a number of South Dakota independent 
telecommunications firms to offer customers more choice in long 
distance service. George spent considerable time and effort working 
with other managers to ensure the network's success to move voice, 
data, and video over 20,000 miles of fiber optics throughout the 
region. Access lines have increased under George from 31,000 in 2000 to 
43,000 in 2008, as well as Internet access increasing from 5,000 to 
23,000 in the same period.
  On a national level, George has been a stalwart advocate in promoting 
and assisting the independent industry. He has served on numerous 
boards and committees that have advanced the promotion and 
understanding of the issues affecting the independent 
telecommunications firms and their customers.
  Over the years, I have relied on George's guidance and understanding 
of the many issues affecting the telecommunications industry. I have 
appreciated his insight and input and I want to wish him all the best 
in this well-deserved retirement. I know that whatever his pursuits in 
retirement, he will approach them with the same level-headed, calm, and 
committed approach that earned him deep respect over his accomplished 
career with Golden West.

                          ____________________




                      MESSAGES FROM THE PRESIDENT

  Messages from the President of the United States were communicated to 
the Senate by Mrs. Neiman, 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.)

                          ____________________




                        MESSAGES FROM THE HOUSE

                                 ______
                                 

               ENROLLED BILLS AND JOINT RESOLUTION SIGNED

  At 11:02 a.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the Speaker has 
signed

[[Page 23018]]

the following enrolled bills and joint resolution:

       S. 496. An act to reauthorize and improve the program 
     authorized by the Appalachian Regional Development Act of 
     1965.
       S. 2482. An act to repeal the provision of title 46, United 
     States Code, requiring a license for employment in the 
     business of salvaging on the coast of Florida.
       S. 3560. An act to amend title XIX of the Social Security 
     Act to provide additional funds for the qualifying individual 
     (QI) program, and for other purposes.
       H.R. 2638. An act making appropriations for the Department 
     of Homeland Security for the fiscal year ending September 30, 
     2008, and for other purposes.
       H.R. 3068. An act to prohibit the award of contracts to 
     provide guard services under the contract security guard 
     program of the Federal Protective Service to a business 
     concern that is owned, controlled, or operated by an 
     individual who has been convicted of a felony.
       H.R. 5001. An act to authorize the Administrator of General 
     Services to provide for the redevelopment of the Old Post 
     Office Building located in the District of Columbia.
       H.J. Res. 62. Joint resolution to honor the achievements 
     and contributions of Native Americans to the United States, 
     and for other purposes.

  The enrolled bills and joint resolution were subsequently signed by 
the President pro tempore (Mr. Byrd).
                                  ____

  At 11:11 a.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
agreed to the following concurrent resolution, in which it requests the 
concurrence of the Senate:

       H. Con. Res. 440. Concurrent resolution providing for a 
     conditional adjournment of the House of Representatives and a 
     conditional recess or adjournment of the Senate:

  The message also announced that the House has passed the following 
bills, without amendment:

       S. 906. An act to prohibit the sale, distribution, 
     transfer, and export of elemental mercury, and for other 
     purposes.
       S. 1738. An act to require the Department of Justice to 
     develop and implement a National Strategy Child Exploitation 
     Prevention and Interdiction, to improve the Internet Crimes 
     Against Children Task Force, to increase resources for 
     regional computer forensic labs, and to make other 
     improvements to increase the ability of law enforcement 
     agencies to investigate and prosecute child predators.
       S. 2816. An act to provide for the appointment of the Chief 
     Human Capital Officer of the Department of Homeland Security 
     by the Secretary of Homeland Security.
       S. 2840. An act to establish a liaison with the Federal 
     Bureau of Investigation in United States Citizenship and 
     Immigration Services to expedite naturalization applications 
     filed by members of the Armed Forces and to establish a 
     deadline for processing such applications.
       S. 3325. An act to enhance remedies for violations of 
     intellectual property laws, and for other purposes.
       S. 3569. An act to make improvements in the operation and 
     administration of the Federal courts, and for other purposes.
       S. 3597. An act to provide that funds allocated for 
     community food projects for fiscal year 2008 shall remain 
     available until September 30, 2009.
       S. 3605. An act to extend the pilot program for volunteer 
     groups to obtain criminal history background checks.
       S. 3606. An act to extend the special immigrant nonminister 
     religious worker program and for other purposes.

  The message further announced that the House agrees to the amendment 
of the Senate to the bill (H.R. 1777) to amend the Improving America's 
Schools Act of 1994 to make permanent the favorable treatment of need-
based educational aid under the antitrust laws.
  The message also announced that the House agrees to the amendment of 
the Senate to the bill (H.R. 5057) to reauthorize the Debbie Smith DNA 
Backlog Grant Program, and for other purposes.

  The message further announced that the House agrees to the amendment 
of the Senate to the bill (H.R. 5571) to extend for 5 years the program 
relating to waiver of the foreign country residence requirement with 
respect to international medical graduates, and for other purposes.
  The message also announced that the House agrees to the amendment of 
the Senate to the bill (H.R. 6460) to amend the Federal Water Pollution 
Control Act to provide for the remediation of sediment contamination in 
areas of concern, and for other purposes.
                                  ____

  At 11:24 a.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 5932. An act to designate the facility of the United 
     States Postal Service located at 2801 Manhattan Boulevard in 
     Harvey, Louisiana, as the ``Harry Lee Post Office Building''.
       H.R. 6197. An act to designate the facility of the United 
     States Postal Service located at 7095 Highway 57 in Counce, 
     Tennessee, as the ``Pickwick Post Office Building''.
       H.R. 6489 An act to designate the facility of the United 
     States Postal Service located at 501 4th Street in Lake 
     Oswego, Oregon, as the ``Judie Hammerstad Post Office 
     Building''.
       H.R. 6558. An act to designate the facility of the United 
     States Postal Service located at 1750 Lundy Avenue in San 
     Jose, California, as the ``Gordon N. Chan Post Office 
     Building''.
       H.R. 6585 An act to designate the facility of the United 
     States Postal Service located at 311 Southwest 2nd Street in 
     Corvallis, Oregon, as the ``Helen Berg Post Office 
     Building''.
       H.R. 6834. An act to designate the facility of the United 
     States Postal Service located at 4 South Main Street in 
     Wallingford, Connecticut, as the ``CWO Richard R. Lee Post 
     Office Building''.
       H.R. 6837. An act to designate the facility of the United 
     States Postal Service located at 7925 West Russell Road in 
     Las Vegas, Nevada, as the ``Private First Class Irving Joseph 
     Schwartz Post Office Building''.
       H.R. 6859 An act to designate the facility of the United 
     States Postal Service located at 1501 South Slappey Boulevard 
     in Albany, Georgia, as the ``Dr. Walter Carl Gordon, Jr. Post 
     Office Building''.
       H.R. 6902. An act to designate the facility of the United 
     States Postal Service located at 513 6th Avenue in Dayton, 
     Kentucky, as the ``Staff Sergeant Nicholas Ray Carnes Post 
     Office''.
       H.R. 6982. An act to designate the facility of the United 
     States Postal Service located at 210 South Ellsworth Avenue 
     in San Mateo, California, as the ``Leo J. Ryan Post Office 
     Building''.
       H.R. 7081. An act to approve the United States-India 
     Agreement for Cooperation on Peaceful Uses of Nuclear Energy, 
     and for other purposes.
       H.R. 7082. An act to amend the Internal Revenue Code of 
     1986 to permit the Secretary of the Treasury to disclose 
     certain prisoner return information to the Federal Bureau of 
     Prisons, and for other purposes.
       H.R. 7083. An act to amend the Internal Revenue Code of 
     1986 to enhance charitable giving and improve disclosure and 
     tax administration.

  The message further announced that the House has passed the following 
bills, without amendment:

       S. 3015. An act to designate the facility of the United 
     States Postal Service located at 18 S. G Street, Lakeview, 
     Oregon, as the ``Dr. Bernard Daly Post Office Building''.
       S. 3082. An act to designate the facility of the United 
     States Postal Service located at 1700 Cleveland Avenue in 
     Kansas City, Missouri, as the ``Reverend Earl Abel Post 
     Office Building''.
       S. 3477. An act to amend title 44, United States Code, to 
     authorize grants for Presidential Centers of Historical 
     Excellence.

  The message further announced that the House has agreed to the 
following concurrent resolutions, in which it requests the concurrence 
of the Senate:

       H. Con. Res. 360. Concurrent resolution recognizing the 
     important social and economic contributions and 
     accomplishments of the New Deal to our Nation on the 75th 
     anniversary of legislation establishing the initial New Deal 
     social and public works programs.
       H. Con. Res. 376. Concurrent resolution congratulating the 
     2007-2008 National Basketball Association World Champions, 
     the Boston Celtics, on an outstanding and historic season.
       H. Con. Res. 378. Concurrent resolution expressing support 
     for designation of September 6, 2008, as Louisa Swain Day.
       H. Con. Res. 429. Concurrent resolution recognizing the 
     importance of the United States wine industry to the American 
     economy.
  The message also announced that the House has agreed to the following 
concurrent resolution, without amendment:

       S. Con. Res. 84. Concurrent resolution honoring the memory 
     of Robert Mondavi.

  The message further announced that the House agrees to the amendment 
of the Senate to the bill (H.R. 928) to amend the Inspector General Act 
of 1978 to enhance the independence of the Inspectors General, to 
create a Council of the Inspectors General on Integrity and Efficiency, 
and for other purposes.
  The message also announced that the House agrees to the amendment of 
the Senate to the bill (H.R. 2786) to reauthorize the programs for 
housing assistance for Native Americans.

[[Page 23019]]

  The message further announced that the House agrees to the amendment 
of the Senate to the bill (H.R. 5265) to amend the Public Health 
Service Act to provide for research with respect to various forms of 
muscular dystrophy, including Becker, congenital, distal, Duchenne, 
Emery-Dreifuss facioscapulohumeral, limb-girdle, myotonic, and 
oculopharyngeal, muscular dystrophies.
  The message also announced that the House agrees to the amendment of 
the Senate to the bill (H.R. 6063) to authorize the programs of the 
National Aeronautics and Space Administration, and for other purposes.
                                  ____

  At 12:11 p.m., a message from the House of Representatives, delivered 
by Ms. Niland, one of its reading clerks, announced that the House has 
passed the following bills, in which it requests the concurrence of the 
Senate:

       H.R. 3174. An act to amend titles 28 and 10, United States 
     Code, to allow for certiorari review of certain cases denied 
     relief or review by the United States court of Appeals for 
     the Armed Forces.
       H.R. 6146. An act to amend title 28, United States Code, to 
     prohibit recognition and enforcement of foreign defamation 
     judgments.
       H.R. 6838. An act to establish and operate a National 
     Center for Campus Public Safety.
       H.R. 7084. An act to amend section 114 of title 17, United 
     States Code, to provide for agreements for the reproduction 
     and performance of sound recordings by webcasters.
       H.R. 7177. An act to authorize the transfer of naval 
     vessels to certain foreign recipients, and for other 
     purposes.

  The message further announced that the House has passed the following 
bill, with an amendment, in which it requests the concurrence of the 
Senate:

       S. 431. An act to require convicted sex offenders to 
     register online identifiers, and for other purposes.

  The message also announced that the House has agreed to the following 
concurrent resolution, in which it requests the concurrence of the 
Senate:

       H. Con. Res. 426. Concurrent resolution recognizing the 
     l0th anniversary of the establishment of the Minority AIDS 
     Initiative.
                                  ____

  At 12:24 p.m., a message from the House of Representatives, delivered 
by Mr. Zapata, one of its reading clerks, announced that the House has 
passed the following joint resolution, in which it requests the 
concurrence of the Senate:

       H.J. Res. 100. Joint resolution appointing the day for the 
     convening of the first session of the One Hundred Eleventh 
     Congress and establishing the date for the counting of the 
     electoral votes for President and Vice President cast by the 
     electors in December 2008.

                          ____________________




                         ENROLLED BILLS SIGNED

  At 2:29 p.m., a message from the House of Representatives, delivered 
by Mrs. Cole, one of its reading clerks, announced that the Speaker has 
signed the following enrolled bills:

       H.R. 3229. An act to require the Secretary of the Treasury 
     to mint coins in commemoration of the legacy of the United 
     States Army Infantry and the establishment of the National 
     Infantry Museum and Soldier Center.
       H.R. 5265. An act to amend the Public Health Service Act to 
     provide for research with respect to various forms of 
     muscular dystrophy, including Becker, congenital, distal, 
     Duchenne, Emery-Dreifuss facioscapulohumeral, limb-girdle, 
     myotonic, and oculopharyngeal, muscular dystrophies.
       H.R. 5872. An act to require the Secretary of the Treasury 
     to mint coins in commemoration of the centennial of the Boy 
     Scouts of America, and for other purposes.

     

                          ____________________


                        ENROLLED BILLS PRESENTED

  The Secretary of the Senate reported that on today, September 29, 
2008, she had presented to the President of the United States the 
following enrolled bills:

       S. 496. An act to reauthorize and improve the program 
     authorized by the Apalachian Regional Development Act of 
     1965.
       S. 1046. An act to modify pay provisions relating to 
     certain senior-level positions in the Federal Government, and 
     for other purposes.
       S. 1382. An act to amend the Public Health Service Act to 
     provide for the establishment of an Amyotrophic Lateral 
     Sclerosis Registry.
       S. 1810. An act to amend the Public Health Service Act to 
     increase the provision of scientifically sound information 
     and support services to patients receiving a positive test 
     diagnosis for Down syndrome or other prenatally and 
     postnatally diagnosed conditions.
       S. 2482. An act to repeal the provision of title 46, United 
     States Code, requiring a license for employment in the 
     business of salvaging on the coast of Florida.
       S. 2606. An act to reauthorize the United States Fire 
     Administration, and for other purposes.
       S. 2932. An act to amend the Public Health Service Act to 
     reauthorize the poison center national toll-free number, 
     national media campaign, and grant program to provide 
     assistance for poison prevention, sustain the funding of 
     poison centers, and enhance the public health of people of 
     the United States.
       S. 3009. An act to designate the Federal Bureau of 
     Investigation building under construction in Omaha, Nebraska, 
     as the ``J. James Exon Federal Bureau of Investigation 
     Building''.
       S. 3560. To amend title XIX of the Social Security Act to 
     provide additional funds for the qualifying individual (QI) 
     program, and for other purposes.

                          ____________________




                   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-8111. A communication from the Under Secretary, Food, 
     Nutrition, and Consumer Services, Department of Agriculture, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fluid Milk Substitutions in the School Nutrition Programs'' 
     (RIN0584-AD58) received September 26, 2008; to the Committee 
     on Agriculture, Nutrition, and Forestry.
       EC-8112. A communication from the Under Secretary of 
     Defense (Personnel and Readiness), transmitting a report on 
     the approved retirement of Lieutenant General John R. Wood, 
     United States Army, and his advancement to the grade of 
     lieutenant general on the retired list; to the Committee on 
     Armed Services.
       EC-8113. A communication from the Under Secretary of 
     Defense (Personnel and Readiness), transmitting a report on 
     the approved retirement of General Benjamin S. Griffin, 
     United States Army, and his advancement to the grade of 
     general on the retired list; to the Committee on Armed 
     Services.
       EC-8114. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Suspension of Community Eligibility'' ((Docket No. FEMA-
     8041)(73 FR 53748)) received on September 26, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8115. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Changes in Flood Elevation Determinations'' ((Docket No. 
     FEMA-B-1005)(73 FR 53750)) received on September 26, 2008; to 
     the Committee on Banking, Housing, and Urban Affairs.
       EC-8116. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Changes in Flood Elevation Determinations'' ((44 CFR Part 
     65)(73 FR 54321)) received on September 26, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8117. A communication from the Chief Counsel, Federal 
     Emergency Management Agency, Department of Homeland Security, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Suspension of Community Eligibility'' ((73 FR 53747)(Docket 
     No. FEMA-8039)) received on September 26, 2008; to the 
     Committee on Banking, Housing, and Urban Affairs.
       EC-8118. A communication from the Acting Director, Office 
     of Sustainable Fisheries, Department of Commerce, 
     transmitting, pursuant to law, the report of a rule entitled 
     ``Fisheries off West Coast States; Pacific Coast Groundfish 
     Fishery; End of the Pacific Whiting Primary Season for the 
     Catcher-processor, Mothership and Shore-based Sectors'' 
     (RIN0648-XK03) received on September 26, 2008; to the 
     Committee on Commerce, Science, and Transportation.
       EC-8119. A communication from the Inspector General, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, a report entitled ``Review of Medicare 
     Contractor Information Security Program Evaluations for 
     Fiscal Year 2005'' received September 26, 2008; to the 
     Committee on Finance.
       EC-8120. 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 ``Guidance regarding WHFITs'' (Notice 2008-
     77) received on September 26, 2008; to the Committee on 
     Finance.
       EC-8121. 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 2008-154--

[[Page 23020]]

     2008-163); to the Committee on Foreign Relations.
       EC-8122. A communication from the White House Liaison, 
     Department of Education, transmitting, pursuant to law, the 
     report of action on a discontinuation of service in acting 
     role, designation of an acting officer, and nomination for 
     the position of Inspector General; to the Committee on 
     Health, Education, Labor, and Pensions.
       EC-8123. A communication from General Counsel, Corporation 
     for National and Community Service, transmitting, pursuant to 
     law, the report of a rule entitled ``AmeriCorps National 
     Service Program'' (RIN3045-AA23) received on September 26, 
     2008; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8124. A communication from Director of the Regulations 
     Policy and Management Staff, Food and Drug Administration, 
     Department of Health and Human Services, transmitting, 
     pursuant to law, the report of a rule entitled ``Control of 
     Communicable Diseases; Restrictions on African Rodents, 
     Prairie Dogs, and Certain Other Animals'' ((Docket No. FDA-
     2003-N-0427)(21 CFR Parts 16 and 1240)) received on September 
     26, 2008; to the Committee on Health, Education, Labor, and 
     Pensions.
       EC-8125. A communication from the Deputy Director for 
     Operations, Legislative and Regulatory Department, Pension 
     Benefit Guaranty Corporation, transmitting, pursuant to law, 
     the report of a rule entitled ``Benefits Payable in 
     Terminated Single-Employer Plans; Allocation of Assets in 
     Single-Employer Plans; Interest Assumptions for Valuing and 
     Paying Benefits'' (29 CFR Parts 4022 and 4044) received on 
     September 26, 2008; to the Committee on Health, Education, 
     Labor, and Pensions.
       EC-8126. A communication from the Senior Vice President, 
     Public Policy, Advocacy and the Research Institute, Girl 
     Scouts of the United States of America, transmitting, 
     pursuant to law, a report entitled ``Girl Scouts of the USA 
     2007 Annual Report''; to the Committee on the Judiciary.

                          ____________________




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-436. A resolution adopted by the Senate of the State of 
     Alaska urging Congress to pass legislation to open the 
     coastal plain of the Arctic National Wildlife Refuge to oil 
     and gas exploration, development, and production; to the 
     Committee on Energy and Natural Resources.

                           Senate Resolution

       Whereas, in 16 U.S.C. 3142 (sec. 1002 of the Alaska 
     National Interest Lands Conservation Act (ANILCA)), the 
     United States Congress reserved the right to permit further 
     oil and gas exploration, development, and production within 
     the coastal plain of the Arctic National Wildlife Refuge; and
       Whereas the oil and gas industry, the state, and the United 
     States Department of the Interior consider the Arctic coastal 
     plain to have the highest potential for discovery of very 
     large oil and gas accumulations on the continent of North 
     America, estimated to include as much as 10,000,000,000 
     barrels of recoverable oil and significant amounts of natural 
     gas; and
       Whereas, while new oil and natural gas field developments 
     on the North Slope of Alaska, such as Alpine, Northstar, and 
     West Sak, may temporarily slow the decline in production, 
     only giant coastal plain fields have the theoretical 
     capability of increasing the production volume of Alaska oil 
     and gas to a significant degree; and
       Whereas the state's future energy independence would be 
     enhanced with additional natural gas production from the 
     North Slope of Alaska, including what are expected to be 
     significant gas reserves in the Arctic National Wildlife 
     Refuge, and the development of those reserves would enhance 
     the economic viability of the proposed Alaska Natural Gas 
     Pipeline; and
       Whereas the proposed Alaska Natural Gas Pipeline and the 
     Trans Alaska Pipeline System are transportation facilities 
     that will be and are national assets that are integral to 
     satisfying the present and future needs of the United States; 
     and
       Whereas the ``1002 study area'' is part of the coastal 
     plain located within the North Slope Borough, and many of the 
     residents of the North Slope Borough, who are predominantly 
     Inupiat Eskimo, are supportive of development in the ``1002 
     study area''; and
       Whereas enhancements in technology can be used in a manner 
     that minimizes the area within the refuge that is used for 
     exploration and development, while providing the nation with 
     a needed supply of oil and gas; and
       Whereas the oil and gas industry is using innovative 
     technology and environmental practices in the new field 
     developments at Alpine and Northstar, and those techniques 
     are directly applicable to operating on the coastal plain and 
     would enhance environmental protection beyond traditionally 
     high standards; and
       Whereas the oil and gas industry has shown at Prudhoe Bay, 
     as well as at other locations along the Arctic coastal plain, 
     that it is capable of conducting oil and gas activity without 
     adversely affecting the environment or wildlife populations; 
     and
       Whereas opening the coastal plain of the Arctic National 
     Wildlife Refuge now allows sufficient time for planning 
     environmental safeguards, development, and national security 
     review; and
       Whereas the state will ensure the continued health and 
     productivity of the Porcupine caribou herd and the protection 
     of land, water, and wildlife resources during the exploration 
     and development of the coastal plain of the Arctic National 
     Wildlife Refuge; and
       Whereas 8,900,000 of the 19,000,000 acres of the refuge 
     have already been set aside as wilderness; and
       Whereas the 1,500,000-acre coastal plain of the refuge 
     makes up only eight percent of the 19,000,000-acre refuge, 
     and the development of the oil and gas reserves in the 
     refuge's coastal plain would affect an area of only 2,000 to 
     7,000 acres, which is less than one-half of one percent of 
     the area of the coastal plain; and
       Whereas the continued competitiveness and stability of the 
     state and its economy require that the Senate consider 
     national trends toward renewable energy development; and
       Whereas the Senate encourages the use of revenue from any 
     development in the Arctic National Wildlife Refuge for the 
     development of renewable energy resources in the state; be it
       Resolved, That the Senate urges the United States Congress 
     to pass legislation to open the coastal plain of the Arctic 
     National Wildlife Refuge to oil and gas exploration, 
     development, and production, and that the Senate is adamantly 
     opposed to further wilderness or other restrictive 
     designation in the area of the coastal plain of the Arctic 
     National Wildlife Refuge; and be it further
       Resolved, That the oil and gas exploration, development, 
     and production be conducted in a manner that protects the 
     environment and the naturally occurring population levels of 
     the Porcupine caribou herd on which the Gwich'in and other 
     local residents depend, that uses directional drilling and 
     other advances in technology to minimize the development 
     footprint in the ``1002 study area,'' and that uses the 
     state's workforce to the maximum extent possible; and be it 
     further
       Resolved, That the Senate urges the United States Congress 
     to pass legislation opening the ``1002 study area'' for oil 
     and gas development while continuing to work on measures for 
     increasing the development and use of renewable energy 
     technologies; and be it further
       Resolved, That the Senate opposes any unilateral reduction 
     in royalty revenue from exploration and development of the 
     coastal plain of the Arctic National Wildlife Refuge and any 
     attempt to coerce the State of Alaska into accepting less 
     than the 90 percent of the oil, gas, and mineral royalties 
     from the federal land in Alaska that was promised to the 
     state at statehood.
                                  ____

       POM-437. A joint resolution adopted by the Senate of the 
     State of Colorado concerning state implementation plan 
     credits for remote vehicle emissions testing programs; to the 
     Committee on Environment and Public Works.

                     Senate Joint Resolution 08-014

       Whereas Colorado's IM 240 enhanced emissions inspection and 
     repair program was enacted to comply with the federal ``Clean 
     Air Act'' program requirements of the federal Environmental 
     Protection Agency (EPA) and is included in the Colorado State 
     Implementation Plan approved by the EPA; and
       Whereas the use of remote sensing technology has been 
     determined to be effective in identifying automobile tailpipe 
     emissions that are cleaner than necessary to achieve 
     compliance with the IM 240 program, and a remote sensing 
     rapid screen program is currently being implemented in the 
     Denver metropolitan area; and
       Whereas pursuant to House Bill 06-1302, the Colorado 
     Department of Public Health and Environment is conducting a 
     pilot program to determine whether remote sensing technology 
     can effectively identify high-emitting vehicles in a full-
     scale program; and
       Whereas the high-emitter pilot program is anticipated to be 
     completed no later than July 2010; and
       Whereas the implementation of a remote sensing rapid screen 
     program, coupled with a high-emitter identification and 
     repair program, could result in a more efficient and cost-
     effective means of achieving greater vehicle emissions 
     reductions than the current IM 240 enhanced emissions 
     inspection and repair program; now, therefore, be it
       Resolved by the Senate of the Sixty-sixth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein: That, at the conclusion of Colorado's 
     high-emitter pilot program, the EPA is urged to quickly 
     complete its evaluation of whether the high-emitter 
     identification and repair program, coupled with the rapid 
     screen program, may receive state implementation plan 
     emission reduction credits equivalent to those received for 
     the IM 240 enhanced emissions inspection and repair program; 
     be it further
       Resolved, That copies of this Joint Resolution be sent to 
     the President of the United

[[Page 23021]]

     States, the President of the United States Senate, the 
     Speaker of the United States House of Representatives, each 
     member of Colorado's Congressional delegation, and the 
     Administrator of the EPA.
                                  ____

       POM-438. A joint memorial adopted by the Senate of the 
     State of Colorado memorializing Congress to restore funding 
     for the federal Edward Byrne Memorial Justice Assistance 
     Grant Program; to the Committee on the Judiciary.

                      Senate Joint Memorial 08-001

       Whereas the Edward Byrne Memorial Justice Assistance Grant 
     Program is the largest justice assistance grant provided to 
     states, and it funds state and local government efforts in a 
     broad range of activities such as drug treatment and 
     enforcement, criminal reentry initiatives, crime prevention, 
     and corrections activities; and
       Whereas the Edward Byrne Memorial Justice Assistance Grant 
     Program provides vital criminal justice funding for states 
     because its flexible grant purposes permit states to innovate 
     in a wide variety of criminal justice programs based on 
     shifting community needs; and
       Whereas forty percent of the moneys from the Edward Byrne 
     Memorial Justice Assistance Grant Program are sent to local 
     law enforcement agencies in counties and municipalities and 
     sixty percent of the moneys are distributed through the state 
     governments; and
       Whereas grants may be used to provide personnel, equipment, 
     training, technical assistance, and rehabilitation of 
     offenders who violate state and local laws; and
       Whereas grants may also be used to provide assistance, 
     other than compensation, to victims of offenders; and
       Whereas from 2003-07, Colorado's Edward Byrne Memorial 
     Justice Assistance Grant Program funding has been reduced 
     from a high of $8,013,014 in 2003 to $4,304,517 in 2007, a 
     fifty-five percent reduction; and
       Whereas in the federal ``Consolidated Appropriations Act, 
     2008'', Pub. L. 110-161, that was signed into law in December 
     2007, the Edward Byrne Memorial Justice Assistance Grant 
     Program was cut by sixty-seven percent from $520,000,000 in 
     federal fiscal year 2007 to $170,000,000 in federal fiscal 
     year 2008; and
       Whereas the Edward Byrne Memorial Justice Assistance Grant 
     Program currently funds the following programs at the 
     following levels in the state of Colorado:
       The 20th JAG Initiative: Probation Department, 20th 
     Judicial District--$117,952
       Mental Health Institute Initiative: Colorado State Public 
     Defender's Office--$69,154
       Sex Offender Registration and DNA Project: Colorado 
     Department of Corrections--$60,515
       Girls Enhanced Treatment and Transition Services: Colorado 
     Division of Youth Corrections--$135,775
       CrossPoint Enhanced and Intensive Outpatient Program: 
     University of Colorado Health Sciences Center--$113,603
       Gender-Specific Treatment for Women Offenders: University 
     of Colorado Health Sciences Center--$157,328
       Violent Criminal Apprehension Project: Colorado Department 
     of Corrections--$68,750
       Evaluation of the SOA-R: Colorado Division of Mental 
     Health--$82,386
       Differentiated TX for Domestic Violence Offenders: 
     University of Colorado at Denver--$66,391
       Developing a Placement Tool for Juvenile Sex Offenders: 
     Colorado Judicial Department, State Court Administrator--
     $20,000
       Intensive Supervision Probation (ISP) Evaluation: Colorado 
     Judicial Department, State Court Administrator--$29,906
       CSP Resource and Incident Mapping Project: Colorado State 
     Patrol--$149,310
       CBI Case Management System Business Plan Development: 
     Colorado Bureau of Investigation--$75,000
       Improving the Effective Administration of Justice: Colorado 
     State Governor's Office--$69,882
       Two Rivers Drug Enforcement Team (TRIDENT): City of 
     Glenwood Springs, Police Department--$69,214
       Montezuma County Drug Task Force: District Attorney's 
     Office, 22nd Judicial District--$76,000
       West Metro Drug Task Force: Jefferson County, Sheriffs 
     Department--$76,000
       Summit County Drug Enforcement: Summit County, Sheriffs 
     Office--$58,564
       Larimer County Multi-Jurisdictional Drug Task Force: City 
     of Fort Collins, Police Services--$85,500
       16th Judicial District Drug Task Force: District Attorney's 
     Office, 16th Judicial District--$58,332
       Eagle County Drug Task Force: Eagle County, Sheriffs 
     Office--$85,500
       San Luis Valley Drug Task Force: City of Alamosa, Police 
     Department--$93,970
       Eastern Colorado Plains Drug Task Force: Yuma County, 
     Sheriffs Department--$147,628
       Crisis Communication Throw Phone Project: Teller County, 
     Sheriffs Department--$10,000
       Delta/Montrose Drug Task Force: City of Montrose, Police 
     Department--$44,530
       GRAMNET: City of Craig, Police Department--$90,245
       Project Snow Blower: Lake County, Sheriffs Department--
     $35,345
       Canon City-Fremont County Drug Task Force: City of Canon 
     City, Police Department--$59,040
       Metro Gang Task Force: City of Aurora, Police Department--
     $100,000
       South Metro Drug Task Force: Arapahoe County, Sheriffs 
     Department--$66,293
       Boulder County Drug Task Force: Boulder County, Sheriffs 
     Department--$95,000
       Weld County Task Force: City of Greeley, Police 
     Department--$114,091
       North Metro Task Force: City and County of Broomfield, 
     Police Department--$118,750
       Prisoner Transport Partitions: Bent County, Sheriffs 
     Department--$1,420
       Hazardous Materials Safety Initiative: Town of Dillon, 
     Police Department--$12,000
       Internet Sexual Predators Adjunct: District Attorney's 
     Office, 1st Judicial District--$35,000
       Tribal Court Drug Screening and Security: Southern Ute 
     Indian Tribe--$50,975
       Chinook West: Town of Nederland--$22,708
       Ignacio Social Responsibility Training: Town of Ignacio--
     $34,715
       Mentoring Program for the Brown Center: Montrose County, 
     Health and Human Services--$22,660
       Reintegration and Recovery Preparation Program: El Paso 
     County, Sheriff's Office--$132,400
       Transition Program: Mesa County, Sheriff's Department--
     $74,675
       Correctional Counseling Program: Logan County, Sheriff's 
     Department--$10,000
       Pilot Crisis Intervention Team Case Management Program: 
     City of Colorado Springs, Police Department--$86,204
       Substance Abuse Evaluation, Testing, and Treatment: City of 
     Arvada, Municipal Court--$6,000
       Arapahoe County Aftercare Program: Arapahoe County, 
     Sheriff's Department--$68,414
       Finger/Palm Print Database: Arapahoe County, Sheriff's 
     Department--$44,650
       A Ten-Co. Partnership/Supervised Pretrial Release: 
     Jefferson County, Criminal Justice Planning--$23,790
       Technical Evidence Equipment: Larimer County, Coroner/
     Medical Examiner--$3,200
       Pueblo Police Department Technological Upgrade: City of 
     Pueblo, Police Department--$39,758
       Mobile Command Center: City of La Junta, Police 
     Department--$29,650
       Mobile Communication and Safety Upgrade: Town of Ault, 
     Police Department--$53,515
       Technology Improvement Program: City of Westminster, Police 
     Department--$83,087
       Western Elbert County Emergency Operations Center: Town of 
     Elizabeth, Police Department--$18,154
       Enhanced Traffic Safety: City of Dacono, Police 
     Department--$3,005
       4 Wheel Drive Vehicle Requisition: Town of Kiowa, Police 
     Department--$5,500
       Emergency Power and Fuel: Town of Elizabeth, Police 
     Department--$2,889
       Acquisition of LIDAR Speed Measuring Device: Town of 
     Frederick, Police Department--$3,000
       Crackdown on Underage Drinking: Mineral County, Sheriff's 
     Office--$3,000
       Weapons Safe, Vehicle Maintenance and Supplies: Town of 
     Blanca, Marshal's Office--$3,000
       Traffic Accident Reduction Project: Logan County, Sheriff's 
     Department--$3,750
       Speed Enforcement Program: Montezuma County, Sheriff's 
     Department--$5,500
       Longmont Domestic Violence Awareness Program: City of 
     Longmont, Police Department--$3,000
       Operation Snapshot: City of Brighton, Police Department--
     $3,336
       Safer Community Through Traffic Control: City of Monte 
     Vista, Police Department--$2,817
       Equipment Supplies for Professional Development: Summit 
     County, Sheriffs Office--$3,750
       Enhanced School Security Monitoring: City of Lamar, Police 
     Department--$5,400
       Officer Safety and Communications: Kit Carson County, 
     Sheriffs Department--$5,082
       Project Quick Shot: Lake County, Sheriffs Department--
     $4,000
       Emergency Incident Response: Dolores County, Sheriffs 
     Department--$3,538
       Securing Radar Equipment for Patrol: Montrose County, 
     Sheriffs Office--$2,970
       High Quality Camera and Digital Imaging Computer: City of 
     Silverthorne, Police Department--$3,750
       Communications Upgrade--2007: Town of Minturn, Police 
     Department--$3,249
       800 MGz Radio Purchase: City of Fountain, Police 
     Department--$3,600
       Efficiency Equipment Request: Sedgwick County, Sheriffs 
     Office--$4,300
       Community Policing Enhancement: Town of San Luis, Police 
     Department--$3,750
       Supplies and Operating Needs: Town of Granby, Police 
     Department--$3,319
       Night Vision Devices: City of Montrose, Police Department--
     $1,164
       Vehicle Computer Project: Town of Mancos, Marshal's 
     Office--$3,469
       Low Profile LED Lightbars: Town of Vail, Police 
     Department--$3,600
       Community Safety: Reducing Speeds on Main Street: City of 
     Frisco, Police Department--$3,500
       Traffic Safety Program: Town of Winter Park, Police 
     Department--$3,750
       Support for Probation Services: Southern Ute Indian Tribe--
     $3,750

[[Page 23022]]

       Sheriff Patrol Enhancement: Archuleta County, Sheriffs 
     Department--$4,820
       MDT Interoperability Upgrade: Town of Gilcrest, Police 
     Department--$3,583
       Computer 2008: City of Ouray, Police Department--$3,200
       Major Crime Scene Readiness: City of Brush, Police 
     Department--$3,275
       Meeting the Demands of Substantial Growth: Yuma County, 
     Sheriffs Department--$3,168
       Upgrades for Public and Officer Safety: Town of Fowler, 
     Police Department--$4,580
       Mobile Technology Upgrade: Town of Empire, Police 
     Department--$2,608
       Patrol Rifle Project: Town of Victor, Police Department--
     $2,000
       Patrol Car Computers: Town of Cedaredge, Marshal's Office--
     $3,750
       Community Safety Compliance and Security Enhancement: 
     Conejos County, Sheriffs Department--$4,653
       Residential/School Zone Speed Reduction Program: City of 
     Eagle, Police Department--$5,220
       Vehicle Replacement: Town of Hugo, Marshal's Office--$6,000
       Improving Auxiliary Capacity: City of Estes Park, Police 
     Department--$5,000
       Interoperability and Data Sharing: Town of Milliken, Police 
     Department--$3,750; and
       Whereas the Colorado state budget, like other state 
     budgets, is facing a shortfall for the upcoming fiscal year 
     and cannot fill the funding gap left by the federal cut in 
     programs currently funded by the Edward Byrne Memorial 
     Justice Assistance Grant Program; and
       Whereas this drastic cut in funding will result in the 
     dissolution or discontinuance of many law enforcement and 
     criminal justice programs; and
       Whereas programs that are shut down due to lack of funding 
     cannot simply be restarted when the funding returns because 
     there are informants, ties to the community, and personnel 
     that will be lost with the funding shortfall; so as a result, 
     programs must be rebuilt from scratch; and
       Whereas by law, the federal Department of Justice, which is 
     responsible for distributing the moneys for the Edward Byrne 
     Memorial Justice Assistance Grant Program, cannot write 
     checks to local law enforcement agencies for less than 
     $10,000; therefore any state or local entity that received 
     less than $30,000 in the federal fiscal year 2007 will 
     receive no moneys in the federal fiscal year 2008; now, 
     therefore, be it
       Resolved by the Senate of the Sixty-sixth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein: (1) That we, the members of the Colorado 
     General Assembly, urge Congress to restore funding for the 
     Edward Bryne Memorial Justice Assistance Grant Program and 
     thereby continue the financial support that is critical to 
     enabling local law enforcement agencies to continue 
     protecting the lives and property of citizens in their 
     communities; and (2) That we urge Colorado's congressional 
     delegation to support funding for the Edward Byrne Memorial 
     Justice Assistance Grant Program through emergency 
     supplemental spending bill legislation. Be it further
       Resolved, That copies of this Joint Memorial be sent to the 
     President of the United States, the Speaker of the United 
     States House of Representatives, the President of the United 
     States Senate, the Majority Leader and the Minority Leader of 
     the United States Senate, the Majority Leader and the 
     Minority Leader of the United States House of 
     Representatives, and the members of Colorado's Congressional 
     delegation.
                                  ____

       POM-439. A joint resolution adopted by the Senate of the 
     State of Colorado concerning endorsement of the federal 
     ``Post 9/11 Veterans Educational Assistance Act of 2007''; to 
     the Committee on Veterans' Affairs.

                     Senate Joint Resolution 08-015

       Whereas men and women serving in the United States Armed 
     Forces put their lives on hold in order to serve and protect 
     our country and, as such, deserve a tangible expression of 
     our gratitude; and
       Whereas the federal ``Post 9/11 Veterans Educational 
     Assistance Act of 2007'' seeks to expand the list of 
     educational benefits offered to United States military 
     service men and women who have served in the Armed Forces 
     since the terrorist attacks of September 11, 2001; and
       Whereas the proposed legislation amends the GI Bill that 
     was passed in the 1940s after World War II to help Veterans 
     readjust to civilian life and to enable them to pursue 
     education and training upon their return from military 
     service; and
       Whereas occupational instability is only one of several 
     postwar readjustment problems with which veterans have 
     struggled since their military service, as reported by the 
     National Vietnam Veterans' Readjustment Study; and
       Whereas it is of paramount importance that the federal 
     government extend provisions of educational assistance to 
     military personnel serving in the post-9/11 era to help 
     offset the postwar readjustment problems endured by so many 
     veterans to this day; and
       Whereas several military and veterans groups, such as the 
     Enlisted Association of the National Guard of the United 
     States (EANGUS), the Veterans of Foreign Wars (VFW), the 
     Vietnam Veterans of America (VVA), and the Air Force 
     Sergeants Association (AFSA), have voiced support for the 
     proposed legislation; now, therefore, be it
       Resolved by the Senate of the Sixty-sixth General Assembly 
     of the State of Colorado, the House of Representatives 
     concurring herein:  (1) That we, the members of the Colorado 
     General Assembly, support the federal ``Post 9/11 Veterans 
     Educational Assistance Act of 2007''; and (2) That we 
     encourage members of Congress to adopt this legislation in 
     order to enable our country's military service men and women 
     to pursue their educational goals so they can further enrich 
     lives. Be it further
       Resolved, That copies of this Joint Resolution be sent to 
     Colorado's Congressional delegation, each member of the 
     United States Senate, the United Veterans Committee of 
     Colorado, and Jim Webb, United States Senator for Virginia.
                                  ____

       POM-440. A resolution adopted by the California State Lands 
     Commission relative to supporting the enactment by Congress 
     of the Ocean Conservation, Education, and National Strategy 
     for the 21st Century Act (HR 21); to the Committee on 
     Commerce, Science, and Transportation.
       POM-441. A collection of petitions forwarded by the Benefit 
     Security Coalition relative to establishing a more equitable 
     method of computing cost of living adjustments for Social 
     Security benefits; to the Committee on Finance.
       POM-442. A collection of petitions from a Polish-American 
     organization relative to concerns regarding Social Security 
     benefits and the Windfall Elimination Provision; to the 
     Committee on Finance.
       POM-443. A report from the United Nations World Tourism 
     Organization entitled ``Destination Management and Marketing: 
     Two Strategic Tools to Ensure Quality Tourism''; to the 
     Committee on Foreign Relations.
       POM-444. A communication from the Latvian Saeima 
     (Parliament) relative to the Republic of Latvia's 
     independence day; to the Committee on Foreign Relations.
       POM-445. A communication from the Parliamentary Assembly of 
     the Organization for Security and Co-operation in Europe 
     relative to the Astana Declaration and adopted resolutions; 
     to the Committee on Foreign Relations.
       POM-446. A resolution from the Mayor and City Council of 
     the City of North Miami Beach relative to granting temporary 
     protective status to Haitians in the United States; to the 
     Committee on the Judiciary.
       POM-447. A letter from a private citizen relative to Native 
     Americans and the healthcare system; to the Committee on 
     Indian Affairs.

                          ____________________




              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. REID (for Mr. Kennedy (for himself, Mr. Obama, 
             and Mr. Kerry)):
       S. 3648. A bill to amend the Fair Labor Standards Act to 
     require employers to keep records of non-employees who 
     perform labor or services for remuneration and to provide a 
     special penalty for employers who misclassify employees as 
     non-employees, and for other purposes; to the Committee on 
     Health, Education, Labor, and Pensions.
           By Mr. WYDEN (for himself and Mr. Brownback):
       S. 3649. A bill to amend section 114 of title 17, United 
     States Code, to provide for agreements for the reproduction 
     and performance of sound recordings by webcasters; to the 
     Committee on the Judiciary.
           By Ms. MURKOWSKI (for herself and Mr. Stevens):
       S. 3650. A bill to resolve the claims of the Bering Straits 
     Native Corporation and the State of Alaska to land adjacent 
     to Salmon Lake in the State of Alaska and to provide for the 
     conveyance to the Bering Straits Native Corporation of 
     certain other public land in partial satisfaction of the land 
     entitlement of the Corporation under the Alaska Native Claims 
     Settlement Act; to the Committee on Energy and Natural 
     Resources.
           By Ms. MURKOWSKI (for herself, Mr. Stevens, Mr. Akaka, 
             and Mr. Inouye):
       S. 3651. A bill to provide for the settlement of certain 
     claims under the Alaska Native Claims Settlement Act, and for 
     other purposes; to the Committee on Energy and Natural 
     Resources.
           By Ms. CANTWELL (for herself and Mr. Lieberman):
       S. 3652. A bill to provide for financial market 
     investigation, oversight, and reform; to the Committee on 
     Banking, Housing, and Urban Affairs.
           By Mrs. CLINTON (for herself, Mr. Feingold, and Mr. 
             Brown):
       S. 3653. A bill to amend the Agricultural Marketing Act of 
     1946 to provide for country of origin labeling for dairy 
     products; to the Committee on Agriculture, Nutrition, and 
     Forestry.

[[Page 23023]]


           By Mr. REED:
       S. 3654. A bill to improve research on health hazards in 
     housing, to enhance the capacity of programs to reduce such 
     hazards, to require outreach, and for other purposes; to the 
     Committee on Banking, Housing, and Urban Affairs.

                          ____________________




                         ADDITIONAL COSPONSORS


                                 S. 714

  At the request of Mr. Akaka, the name of the Senator from Delaware 
(Mr. Carper) was added as a cosponsor of S. 714, a bill to amend the 
Animal Welfare Act to ensure that all dogs and cats used by research 
facilities are obtained legally.


                                 S. 826

  At the request of Mr. Menendez, the names of the Senator from Indiana 
(Mr. Bayh) and the Senator from Nevada (Mr. Reid) were added as 
cosponsors of S. 826, a bill to posthumously award a Congressional gold 
medal to Alice Paul, in recognition of her role in the women's suffrage 
movement and in advancing equal rights for women.


                                S. 1069

  At the request of Ms. Snowe, the name of the Senator from New Jersey 
(Mr. Lautenberg) was added as a cosponsor of S. 1069, a bill to amend 
the Public Health Service Act regarding early detection, diagnosis, and 
treatment of hearing loss.


                                S. 2668

  At the request of Mr. Kerry, the names of the Senator from Alaska 
(Ms. Murkowski), the Senator from Wisconsin (Mr. Kohl) and the Senator 
from Virginia (Mr. Webb) were added as cosponsors of S. 2668, a bill to 
amend the Internal Revenue Code of 1986 to remove cell phones from 
listed property under section 280F.


                                S. 3047

  At the request of Mrs. Murray, her name was added as a cosponsor of 
S. 3047, a bill to provide for the coordination of the Nation's 
science, technology, engineering, and mathematics education 
initiatives.


                                S. 3273

  At the request of Mr. Lugar, the name of the Senator from Maine (Ms. 
Snowe) was added as a cosponsor of S. 3273, a bill to promote the 
international deployment of clean technology, and for other purposes.


                                S. 3283

  At the request of Mr. Tester, the names of the Senator from West 
Virginia (Mr. Rockefeller), the Senator from New Jersey (Mr. Menendez), 
the Senator from North Dakota (Mr. Dorgan), the Senator from Minnesota 
(Ms. Klobuchar), the Senator from California (Mrs. Feinstein), the 
Senator from Rhode Island (Mr. Reed), the Senator from Virginia (Mr. 
Webb), the Senator from Missouri (Mrs. McCaskill), the Senator from New 
Mexico (Mr. Bingaman), the Senator from Pennsylvania (Mr. Casey), the 
Senator from Hawaii (Mr. Inouye), the Senator from Iowa (Mr. Harkin), 
the Senator from Washington (Mrs. Murray) and the Senator from Vermont 
(Mr. Sanders) were added as cosponsors of S. 3283, a bill to award a 
congressional gold medal to Dr. Joseph Medicine Crow, in recognition of 
his especially meritorious role as a warrior of the Crow Tribe, Army 
Soldier in World War II, and author.


                                S. 3429

  At the request of Mr. Schumer, the name of the Senator from Georgia 
(Mr. Chambliss) was added as a cosponsor of S. 3429, a bill to amend 
the Internal Revenue Code to provide for an increased mileage rate for 
charitable deductions.


                                S. 3490

  At the request of Mr. Cardin, the name of the Senator from Maine (Ms. 
Snowe) was added as a cosponsor of S. 3490, a bill to amend the 
Neotropical Migratory Bird Conservation Act to reauthorize the Act.


                                S. 3498

  At the request of Mr. Voinovich, the name of the Senator from 
Arkansas (Mr. Pryor) was added as a cosponsor of S. 3498, a bill to 
amend title 46, United States Code, to extend the exemption from the 
fire-retardant materials construction requirement for vessels operating 
within the Boundary Line.


                                S. 3507

  At the request of Mr. Reed, the names of the Senator from New Jersey 
(Mr. Menendez) and the Senator from Maine (Ms. Snowe) were added as 
cosponsors of S. 3507, a bill to provide for additional emergency 
unemployment compensation.


                                S. 3610

  At the request of Mr. Menendez, the name of the Senator from Maine 
(Ms. Collins) was added as a cosponsor of S. 3610, a bill to improve 
the accuracy of fur product labeling, and for other purposes.

                          ____________________




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. MURKOWSKI (for herself, Mr. Stevens, Mr. Akaka, and Mr. 
        Inouye):
  S. 3651. A bill to provide for the settlement df certain claims under 
the Alaska Native Claims Settlement Act, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, the Tlingit and Haida people, the first 
people of Southeast Alaska, were perhaps the first group of Alaska 
Natives to organize for the purpose of asserting their aboriginal land 
claims. The Native land claims movement in the rest of Alaska did not 
gain momentum until the 1960s when aboriginal land titles were 
threatened by the impending construction of the Trans Alaska Pipeline. 
In southeast Alaska, the taking of Native lands for the Tongass 
National Forest and Glacier Bay National Monument spurred the Tlingit 
and Haida people to fight to recover their lands in the early part of 
the 20th Century.
  One of the first steps in this battle came with the formation of the 
Alaska Native Brotherhood in 1912. In 1935, the Jurisdictional Act, 
which allowed the Tlingit and Haida Indians to pursue their land claims 
in the U.S. Court of Claims, was enacted by Congress.
  After decades of litigation, the Native people of southeast Alaska 
received a cash settlement in 1968 from the Court of Claims for the 
land previously taken to create the Tongass National Forest and the 
Glacier Bay National Monument. Yes there was a cash settlement of $7.5 
million but the Native people of southeast Alaska have long believed 
that it did not adequately compensate them for the loss of their lands 
and resources.
  Beware the law of unintended consequences. When the Native people of 
southeast Alaska chose to pursue their land claims in court they could 
not have foreseen that Congress would ultimately settle the land claims 
of all of Alaska's Native people through the Alaska Native Claims 
Settlement Act of 1971. Nor could they have foreseen that they would be 
disadvantaged in obtaining the return of their aboriginal lands because 
of their early, and ultimately successful, effort to litigate their 
land claims. Sadly this was the case.
  The Alaska Native Claims Settlement Act of 1971 imposed a series of 
highly prescriptive limitations on the lands that Sealaska Corporation, 
the regional Alaska Native Corporation formed for southeast Alaska, 
could select in satisfaction of the Tlingit and Haida land claim. None 
of the other 11 Alaska based regional Native corporations were subject 
to these limitations. Today, I join with Mr. Stevens, Mr. Akaka and Mr. 
Inouye to introduce legislation to right this wrong.
  For the most part, Sealaska Corporation has agreed to live within the 
constraints imposed by the 1971 legislation. It has taken conveyance to 
290,000 acres from the pool of lands it was allowed to select under the 
1971 act. As Sealaska moves to finalize its land selections it has 
asked the Congress for flexibility to receive title to certain lands 
which it was not permitted to select under the prescriptive, and as 
Sealaska believes, discriminatory, limitations contained in the 1971 
legislation.
  The legislation we are introducing today would allow Sealaska to 
select its remaining entitlement from outside of the withdrawal areas 
permitted in the 1971 legislation. It allows the Native corporation to 
select up to 3,600

[[Page 23024]]

acres of its remaining land entitlement from lands with sacred, 
cultural, traditional or historical significance. Substantial 
restrictions will be placed on the use of these lands.
  Up to 5,000 acres of land could be selected for non-timber related 
economic development. These lands are called ``Native Futures'' lands 
in the bill. Other lands referred to as ``economic development lands'' 
in the bill could be used for timber related and nontimber related 
economic development. These lands are on Prince of Wales Island.
  Sealaska observes that if it were required to take title to lands 
within the constraints prescribed by the 1971 legislation it would take 
title to large swaths of roadless acres in pristine portions of the 
Tongass National Forest. The lands it proposes to take for economic 
uses under this legislation are predominantly in roaded and less 
sensitive areas of the Tongass National Forest.
  The pools of lands which would be available to Sealaska under this 
legislation are depicted on a series of maps referred to in the bill. 
It must be emphasized that not all of the lands depicted on these maps 
will end up in Sealaska's ownership. Sealaska cannot receive title to 
lands in excess of its remaining acreage entitlement under the 1971 
legislation and this legislation does not change that entitlement.
  Earlier in the 110th Congress, several of our friends in the other 
body introduced H.R. 3560 to address these issues. Over the past year, 
Sealaska and the communities of southeast Alaska have worked 
collaboratively in good faith to identify issues that may arise from 
the transfer of lands on which those communities have relied for 
subsistence and recreation out of the Tongass National Forest and into 
Native corporation ownership. My colleagues in the Alaska congressional 
delegation and I have devoted a great deal of time in reaching out and 
encouraging comment from southeast Alaska on H.R. 3560. Sealaska has 
itself conducted numerous public meetings on the bill in southeast 
Alaska. I believe that these efforts have helped us to formulate a bill 
that addresses the concerns we most frequently heard.
  The legislation we are introducing today is different from H.R. 3560 
in numerous respects. In some cases, the lands open to Sealaska 
selection have changed from those which were referred to in H.R. 3560 
to accommodate community concerns. Our conversations have led to 
precedent setting commitments by the Sealaska Corporation to maintain 
public access to the economic development lands it receives on Prince 
of Wales Island for subsistence uses and recreational access. These 
commitments are laid out in Section 4(d) of our bill.
  Sealaska has also offered a series of commitments to ensure that the 
benefits of this legislation flow to the broader southeast Alaska 
economy and not just to the corporation and its Native shareholders. 
These commitments are memorialized in a letter from Sealaska's 
chairman, Alaska State Senator Albert Kookesh, and its president and 
chief executive officer, Chris E. McNeil, Jr.
  It comes as no secret to anyone that this legislation is introduced 
as we enter what may be the final hours of the 110th Congress. There 
will not be sufficient opportunity in the remaining hours of this 
Congress to consider the legislation. It will need to be reintroduced 
in January 2009. We hope that we can move on it in the early part of 
the 111th Congress.
  In the meantime, we encourage and welcome comments from the people 
and communities of southeast Alaska on the revised legislation and hope 
that we will be able to productively use the next few months to 
identify and resolve any issues or concerns that remain before the 
111th Congress begins.
  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:

                                S. 3651

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Southeast Alaska Native Land 
     Entitlement Finalization Act''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1)(A) in 1971, Congress enacted the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.) to recognize and 
     settle the aboriginal claims of Alaska Natives to land 
     historically used by Alaska Natives for traditional, 
     cultural, and spiritual purposes; and
       (B) that Act declared that the land settlement ``should be 
     accomplished rapidly, with certainty, in conformity with the 
     real economic and social needs of Natives'';
       (2) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.)--
       (A) authorized the distribution of approximately 
     $1,000,000,000 and 44,000,000 acres of land to Alaska 
     Natives; and
       (B) provided for the establishment of Native Corporations 
     to receive and manage the funds and that land to meet the 
     cultural, social, and economic needs of Native shareholders;
       (3) under section 12 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1611), each Regional Corporation, other than 
     Sealaska Corporation (the Regional Corporation for southeast 
     Alaska) (referred to in this Act as ``Sealaska''), was 
     authorized to receive a share of land based on the proportion 
     that the number of Alaska Native shareholders residing in the 
     region of the Regional Corporation bore to the total number 
     of Alaska Native shareholders, or the relative size of the 
     area to which the Regional Corporation had an aboriginal land 
     claim bore to the size of the area to which all Regional 
     Corporations had aboriginal land claims;
       (4)(A) Sealaska, the Regional Corporation for Southeast 
     Alaska, 1 of the Regional Corporations with the largest 
     number of Alaska Native shareholders, with more than 21 
     percent of all original Alaska Native shareholders, did not 
     receive land under section 12 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1611);
       (B) the Tlingit and Haida Indian Tribes of Alaska was 1 of 
     the entities representing the Alaska Natives of southeast 
     Alaska before the date of enactment of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.); and
       (C) Sealaska did not receive land in proportion to the 
     number of Alaska Native shareholders, or in proportion to the 
     size of the area to which Sealaska had an aboriginal land 
     claim, in part because of a United States Court of Claims 
     cash settlement to the Tlingit and Haida Indian Tribes of 
     Alaska in 1968 for land previously taken to create the 
     Tongass National Forest and Glacier Bay National Monument;
       (5) the Court of Claims cash settlement of $7,500,000 did 
     not--
       (A) adequately compensate the Alaska Natives of southeast 
     Alaska for the significant quantity of land and resources 
     lost as a result of the creation of the Tongass National 
     Forest and Glacier Bay National Monument or other losses of 
     land and resources; or
       (B) justify the significant disparate treatment of Sealaska 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 
     1611);
       (6)(A) while each other Regional Corporation received a 
     significant quantity of land under sections 12 and 14 of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), 
     Sealaska only received land under section 14(h) of that Act 
     (43 U.S.C. 1613(h)), which provided a 2,000,000-acre land 
     pool from which Alaska Native selections could be made for 
     historic sites, cemetery sites, Urban Corporation land, 
     Native group land, and Native Allotments;
       (B) under section 14(h)(8) of that Act (43 U.S.C. 
     1613(h)(8)), after selections are made under paragraphs (1) 
     through (7) of that section, the land remaining in the 
     2,000,000-acre land pool is allocated based on the proportion 
     that the original Alaska Native shareholder population of a 
     Regional Corporation bore to the original Alaska Native 
     shareholder population of all Regional Corporations; and
       (C) the only land entitlement of Sealaska derives from a 
     proportion of leftover land remaining from the 2,000,000-acre 
     land pool, estimated as of the date of enactment of this Act 
     at approximately 1,700,000 acres;
       (7) despite the small land base of Sealaska as compared to 
     other Regional Corporations (less than 1 percent of the total 
     quantity of land allocated pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska 
     has--
       (A) provided considerable benefits to shareholders; and
       (B) been a significant economic force in southeast Alaska;
       (8) pursuant to the revenue sharing provisions of section 
     7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1606(i)), Sealaska has distributed more than $300,000,000 
     during the period beginning on January 1, 1971, and ending on 
     December 31, 2005, to Native Corporations throughout the 
     State of Alaska from the development of natural resources, 
     which accounts for 42 percent of the total revenues shared 
     under that section during that period;
       (9) as a result of the small land entitlement of Sealaska, 
     it is critical that the remaining land entitlement 
     conveyances to

[[Page 23025]]

     Sealaska under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.) are fulfilled to continue to meet the 
     economic, social, and cultural needs of the Alaska Native 
     shareholders of southeast Alaska and the Alaska Native 
     community throughout Alaska;
       (10)(A) the conveyance requirements of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) for southeast 
     Alaska limit the land eligible for conveyance to Sealaska to 
     the original withdrawal areas surrounding 10 Alaska Native 
     villages in southeast Alaska, which precludes Sealaska from 
     selecting land located--
       (i) in any withdrawal area established for the Urban 
     Corporations for Sitka and Juneau, Alaska; or
       (ii) outside the 10 Alaska Native village withdrawal areas; 
     and
       (B) unlike other Regional Corporations, Sealaska was not 
     authorized to request land located outside the withdrawal 
     areas described in subparagraph (A) if the withdrawal areas 
     were insufficient to complete the land entitlement of 
     Sealaska under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.);
       (11) 44 percent (820,000 acres) of the 10 Alaska Native 
     village withdrawal areas established under the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) described in 
     paragraph (10) are composed of salt water and not available 
     for selection;
       (12) of land subject to the selection rights of Sealaska, 
     110,000 acres are encumbered by gubernatorial consent 
     requirements under the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.);
       (13) the Forest Service and the Bureau of Land Management 
     grossly underestimated the land entitlement of Sealaska under 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
     seq.), resulting in an insufficient area from which Sealaska 
     could select land suitable for traditional, cultural, and 
     socioeconomic purposes to accomplish a settlement ``in 
     conformity with the real economic and social needs of 
     Natives'', as required under that Act;
       (14) the 10 Alaska Native village withdrawal areas in 
     southeast Alaska surround the Alaska Native communities of 
     Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, 
     Hydaburg, Klukwan, and Saxman;
       (15) in each withdrawal area, there exist factors that 
     limit the ability of Sealaska to select sufficient land, and, 
     in particular, economically viable land, to fulfill the land 
     entitlement of Sealaska, including factors such as--
       (A) with respect to the Yakutat withdrawal area--
       (i) 46 percent of the area is salt water;
       (ii) 10 sections (6,400 acres) around the Situk Lake were 
     restricted from selection, with no consideration provided for 
     the restriction; and
       (iii)(I) 70,000 acres are subject to a gubernatorial 
     consent requirement before selection; and
       (II) Sealaska received no consideration with respect to the 
     consent restriction;
       (B) with respect to the Hoonah withdrawal area, 51 percent 
     of the area is salt water;
       (C) with respect to the Angoon withdrawal area--
       (i) 120,000 acres of the area is salt water;
       (ii) Sealaska received no consideration regarding the 
     prohibition on selecting land from the 80,000 acres located 
     within the Admiralty Island National Monument; and
       (iii)(I) the Village Corporation for Angoon was allowed to 
     select land located outside the withdrawal area on Prince of 
     Wales Island, subject to the condition that the Village 
     Corporation shall not select land located on Admiralty 
     Island; but
       (II) no alternative land adjacent to the out-of-withdrawal 
     land of the Village Corporation was made available for 
     selection by Sealaska;
       (D) with respect to the Kake withdrawal area--
       (i) 64 percent of the area is salt water; and
       (ii) extensive timber harvesting by the Forest Service 
     occurred in the area before 1971 that significantly reduced 
     the value of land available for selection by, and conveyance 
     to, Sealaska;
       (E) with respect to the Kasaan withdrawal area--
       (i) 54 percent of the area is salt water; and
       (ii) the Forest Service previously harvested in the area;
       (F) with respect to the Klawock withdrawal area--
       (i) the area consists of only 5 townships, as compared to 
     the usual withdrawal area of 9 townships, because of the 
     proximity of the Klawock withdrawal area to the Village of 
     Craig, which reduces the selection area by 92,160 acres; and
       (ii) the Klawock and Craig withdrawal areas are 35 percent 
     salt water;
       (G) with respect to the Craig withdrawal area, the 
     withdrawal area consists of only 6 townships, as compared to 
     the usual withdrawal area of 9 townships, because of the 
     proximity of the Craig withdrawal area to the Village of 
     Klawock, which reduces the selection area by 69,120 acres;
       (H) with respect to the Hydaburg withdrawal area--
       (i) 36 percent of the area is salt water; and
       (ii) Sealaska received no consideration under the Haida 
     Land Exchange Act of 1986 (Public Law No. 99-664; 100 Stat. 
     4303) for relinquishing selection rights to land within the 
     withdrawal area that the Haida Corporation exchanged to the 
     Forest Service;
       (I) with respect to the Klukwan withdrawal area--
       (i) 27 percent of the area is salt water; and
       (ii) the withdrawal area is only 70,000 acres, as compared 
     to the usual withdrawal area of 207,360 acres, which reduces 
     the selection area by 137,360 acres; and
       (J) with respect to the Saxman withdrawal area--
       (i) 29 percent of the area is salt water;
       (ii) Sealaska received no consideration for the 50,576 
     acres within the withdrawal area adjacent to the first-class 
     city of Ketchikan that were excluded from selection;
       (iii) Sealaska received no consideration with respect to 
     the 1977 amendment to the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.) requiring gubernatorial consent for 
     selection of 58,000 acres in that area; and
       (iv) 23,888 acres are located within the Annette Island 
     Indian Reservation for the Metlakatla Indian Tribe and are 
     not available for selection;
       (16) the selection limitations and guidelines applicable to 
     Sealaska under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.)--
       (A) are inequitable and inconsistent with the purposes of 
     that Act because there is insufficient land remaining in the 
     withdrawal areas to meet the traditional, cultural, and 
     socioeconomic needs of the shareholders of Sealaska; and
       (B) make it difficult for Sealaska to select--
       (i) places of sacred, cultural, traditional, and historical 
     significance; and
       (ii) Alaska Native futures sites located outside the 
     withdrawal areas of Sealaska;
       (17)(A) the deadline for applications for selection of 
     cemetery sites and historic places on land outside withdrawal 
     areas established under section 14 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1613) was July 1, 1976;
       (B)(i) as of that date, the Bureau of Land Management 
     notified Sealaska that the total entitlement of Sealaska 
     would be approximately 200,000 acres; and
       (ii) Sealaska made entitlement allocation decisions for 
     cultural sites and economic development sites based on that 
     original estimate;
       (C) as a result of the Alaska Land Transfer Acceleration 
     Act (Public Law 108-452; 118 Stat. 3575) and subsequent 
     related determinations and actions of the Bureau of Land 
     Management, Sealaska will receive significantly more than 
     200,000 acres pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.);
       (D) Sealaska would prefer to allocate more of the 
     entitlement of Sealaska to the acquisition of places of 
     sacred, cultural, traditional, and historical significance; 
     and
       (E)(i) pursuant to section 11(a)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was 
     not authorized to select under section 14(h)(1) of that Act 
     (43 U.S.C. 1613(h)(1)) any site within Glacier Bay National 
     Park, despite the abundance of cultural sites within that 
     Park; and
       (ii) Sealaska seeks cooperative agreements to ensure that 
     sites within Glacier Bay National Park are subject to 
     cooperative management by Sealaska, Village and Urban 
     Corporations, and federally recognized tribes with ties to 
     the cultural sites and history of the Park;
       (18)(A) the cemetery sites and historic places conveyed to 
     Sealaska pursuant to section 14(h)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a 
     restrictive covenant not required by law that does not allow 
     any type of management or use that would in any way alter the 
     historic nature of a site, even for cultural education or 
     research purposes;
       (B) historic sites managed by the Forest Service are not 
     subject to the limitations referred to in subparagraph (A); 
     and
       (C) those limitations hinder the ability of Sealaska to use 
     the sites for cultural, educational, or research purposes for 
     Alaska Natives and others;
       (19) unless Sealaska is allowed to select land outside 
     designated withdrawal areas in southeast Alaska, Sealaska 
     will not be able--
       (A) to complete the land entitlement selections of Sealaska 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.);
       (B) to secure ownership of places of sacred, cultural, 
     traditional, and historical importance to the Alaska Natives 
     of Southeast Alaska;
       (C) to maintain the existing resource development and 
     management operations of Sealaska; or
       (D) to provide continued economic opportunities for Alaska 
     Natives in southeast Alaska;
       (20) in order to realize cultural preservation goals while 
     also diversifying economic opportunities, Sealaska should be 
     authorized to select and receive conveyance of--
       (A) sacred, cultural, traditional, and historic sites and 
     other places of traditional cultural significance, including 
     traditional and customary trade and migration routes,

[[Page 23026]]

     to facilitate the perpetuation and preservation of Alaska 
     Native culture and history; and
       (B) Alaska Native future sites to facilitate appropriate 
     tourism and outdoor recreation enterprises;
       (21) Sealaska has played, and is expected to continue to 
     play, a significant role in the health of the Southeast 
     Alaska economy;
       (22)(A) the rate of unemployment in Southeast Alaska 
     exceeds the statewide rate of unemployment on a non-
     seasonally adjusted basis; and
       (B) in January 2008, the Alaska Department of Labor and 
     Workforce Development reported the unemployment rate for the 
     Prince of Wales-Outer Ketchikan census area at 20 percent;
       (23) many Southeast Alaska communities--
       (A) are dependent on high-cost diesel fuel for the 
     generation of energy; and
       (B) desire to diversify their energy supplies with wood 
     biomass alternative fuel and other renewable and alternative 
     fuel sources;
       (24) if the resource development operations of Sealaska 
     cease on land appropriate for those operations, there will be 
     a significant negative impact on--
       (A) southeast Alaska Native shareholders;
       (B) the cultural preservation activities of Sealaska;
       (C) the economy of southeast Alaska; and
       (D) the Alaska Native community that benefits from the 
     revenue-sharing requirements under the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.); and
       (25) on completion of the conveyances of land to Sealaska 
     to fulfill the full land entitlement of Sealaska under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
     the encumbrances on 327,000 acres of Federal land created by 
     the withdrawal of land for selection by Native Corporations 
     in southeast Alaska would be removed, which will facilitate 
     thorough and complete planning and efficient management 
     relating to national forest land in southeast Alaska by the 
     Forest Service.
       (b) Purpose.--The purpose of this Act is to address the 
     inequitable treatment of Sealaska by allowing Sealaska to 
     select the remaining land entitlement of Sealaska under 
     section 14 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1613) from designated Federal land in southeast Alaska 
     located outside the 10 southeast Alaska Native village 
     withdrawal areas.

     SEC. 3. SELECTIONS IN SOUTHEAST ALASKA.

       (a) Selection by Sealaska.--
       (1) In general.--Notwithstanding section 14(h)(8)(B) of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(h)(8)(B)), Sealaska is authorized to select and receive 
     conveyance of the remaining land entitlement of Sealaska 
     under that Act (43 U.S.C. 1601 et seq.) from Federal land 
     located in southeast Alaska from each category described in 
     subsection (b).
       (2) National park service.--The National Park Service is 
     authorized to enter into a cooperative management agreement 
     described in subsection (c)(2) for the purpose, in part, of 
     recognizing and perpetuating the values of the National Park 
     Service, including those values associated with the Tlingit 
     homeland and culture, wilderness, and ecological 
     preservation.
       (b) Categories.--The categories referred to in subsection 
     (a) are the following:
       (1) Economic development land from the area of land 
     identified on the map entitled ``Sealaska ANCSA Land 
     Entitlement Rationalization Pool'', dated March 6, 2008, and 
     labeled ``Attachment A''.
       (2) Sites with sacred, cultural, traditional, or historic 
     significance, including traditional and customary trade and 
     migration routes, archeological sites, cultural landscapes, 
     and natural features having cultural significance, subject to 
     the condition that--
       (A) not more than 2,400 acres shall be selected for this 
     purpose, from land identified on--
       (i) the map entitled ``Places of Sacred, Cultural, 
     Traditional and Historic Significance'', dated March 6, 2008, 
     and labeled ``Attachment B''; and
       (ii) the map entitled ``Traditional and Customary Trade and 
     Migration Routes'', dated March 6, 2008, and labeled 
     ``Attachment C'', which includes an identification of--

       (I) a conveyance of land 25 feet in width, together with 1-
     acre sites at each terminus and at 8 locations along the 
     route, with the route, location, and boundaries of the 
     conveyance described on the map inset entitled ``Yakutat to 
     Dry Bay Trade and Migration Route'', dated March 6, 2008, and 
     labeled ``Attachment C'';
       (II) a conveyance of land 25 feet in width, together with 
     1-acre sites at each terminus, with the route, location, and 
     boundaries of the conveyance described on the map inset 
     entitled ``Bay of Pillars to Port Camden Trade and Migration 
     Route'', dated March 6, 2008, and labeled ``Attachment C''; 
     and
       (III) a conveyance of land 25 feet in width, together with 
     1-acre sites at each terminus, with the route, location, and 
     boundaries of the conveyance described on the map inset 
     entitled ``Portage Bay to Duncan Canal Trade and Migration 
     Route,'' dated March 6, 2008, and labeled ``Attachment C''; 
     and

       (B) an additional 1,200 acres may be used by Sealaska to 
     acquire places of sacred, cultural, traditional, and historic 
     significance, archeological sites, traditional, and customary 
     trade and migration routes, and other sites with scientific 
     value that advance the understanding and protection of Alaska 
     Native culture and heritage that--
       (i) as of the date of enactment of this Act, are not fully 
     identified or adequately documented for cultural 
     significance; and
       (ii) are located outside of a unit of the National Park 
     Service.
       (3) Alaska Native futures sites with traditional and 
     recreational use value, as identified on the map entitled 
     ``Native Futures Sites'', dated March 6, 2008, and labeled 
     ``Attachment D'', subject to the condition that not more than 
     5,000 acres shall be selected for those purposes.
       (c) Sites in conservation System Units.--
       (1) in general.--No site with sacred, cultural, 
     traditional, or historic significance that is identified in 
     the document labeled ``Attachment B'' and located within a 
     unit of the National Park System shall be conveyed to 
     Sealaska pursuant to this Act.
       (2) Cooperative agreements.--
       (A) In general.--The Director of the National Park Service 
     shall offer to enter into a cooperative management agreement 
     with Sealaska, other Village Corporations and Urban 
     Corporations, and federally recognized Indian tribes with 
     cultural and historical ties to Glacier Bay National Park, in 
     accordance with the requirements of subparagraph (B).
       (B) Requirements.--A cooperative agreement under this 
     paragraph shall--
       (i) recognize the contributions of the Alaska Natives of 
     Southeast Alaska to the history, culture, and ecology of 
     Glacier Bay National Park and the surrounding area;
       (ii) ensure that the resources within the Park are 
     protected and enhanced by cooperative activities and 
     partnerships among federally recognized Indian tribes, 
     Village Corporations and Urban Corporations, Sealaska, and 
     the National Park Service;
       (iii) provide opportunities for a richer visitor experience 
     at the Park through direct interactions between visitors and 
     Alaska Natives, including guided tours, interpretation, and 
     the establishment of culturally relevant visitor sites; and
       (iv) provide appropriate opportunities for ecologically 
     sustainable visitor-related education and cultural 
     interpretation within the Park--

       (I) in a manner that is not in derogation of the purposes 
     and values of the Park (including those values associated 
     with the Park as a Tlingit homeland); and
       (II) for wilderness and ecological preservation.

       (C) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the National Park 
     Service shall submit to Congress a report describing each 
     activity for cooperative management of each site described in 
     subparagraph (A) carried out under a cooperative agreement 
     under this paragraph.

     SEC. 4. CONVEYANCES TO SEALASKA.

       (a) Timeline for Conveyance.--
       (1) In general.--Not later than 1 year after the date of 
     selection of land by Sealaska under paragraphs (1) and (3) of 
     section 3(b), the Secretary of the Interior (referred to in 
     this Act as the ``Secretary'') shall complete the conveyance 
     of the land to Sealaska.
       (2) Significant sites.--Not later than 2 years after the 
     date of selection of land by Sealaska under section 3(b)(2), 
     the Secretary shall complete the conveyance of the land to 
     Sealaska.
       (b) Expiration of Withdrawals.--On completion of the 
     selection by Sealaska and the conveyances to Sealaska of land 
     under subsection (a) in a manner that is sufficient to 
     fulfill the land entitlement of Sealaska under the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.)--
       (1) the original withdrawal areas set aside for selection 
     by Native Corporations in Southeast Alaska under that Act (as 
     in effect on the day before the date of enactment of this 
     Act) shall be rescinded; and
       (2) land located within a withdrawal area that is not 
     conveyed to a southeast Alaska Regional Corporation or 
     Village Corporation shall be returned to the unencumbered 
     management of the Forest Service as a part of the Tongass 
     National Forest.
       (c) Limitation.--Sealaska shall not select or receive under 
     this Act any conveyance of land pursuant to paragraph (1) or 
     (3) of section 3(b) located within--
       (1) any conservation system unit;
       (2) any federally designated wilderness area; or
       (3) any land use designation I or II area.
       (d) Applicable Easements and Public Access.--
       (1) In general.--The conveyance to Sealaska of land 
     pursuant to section 3(b)(1) that is located outside a 
     withdrawal area designated under section 16(a) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be 
     subject to--
       (A) a reservation for easements for public access on the 
     public roads depicted on the document labeled ``Attachment 
     E'' and dated March 6, 2008;
       (B) a reservation for easements along the temporary roads 
     designated by the Forest Service as of the date of enactment 
     of this Act for the public access trails depicted on the 
     document labeled ``Attachment E'' and dated March 6, 2008;

[[Page 23027]]

       (C) any valid preexisting right reserved pursuant to 
     section 14(g) or 17(b) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(g), 1616(b)); and
       (D)(i) the right of noncommercial public access for 
     subsistence uses, consistent with title VIII of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3111 et 
     seq.), and recreational access without liability to Sealaska; 
     and
       (ii) the right of Sealaska to regulate access for public 
     safety, cultural, or scientific purposes, environmental 
     protection, and uses incompatible with natural resource 
     development, subject to the condition that Sealaska shall 
     post on any applicable property, in accordance with State 
     law, notices of any such condition.
       (2) Effect.--No right of access provided to any individual 
     or entity (other than Sealaska) by this subsection--
       (A) creates any interest of such an individual or entity in 
     the land conveyed to Sealaska in excess of that right of 
     access; or
       (B) provides standing in any review of, or challenge to, 
     any determination by Sealaska regarding the management or 
     development of the applicable land.
       (e) Conditions on Sacred, Cultural, and Historic Sites.--
     The conveyance to Sealaska of land selected pursuant to 
     section 3(b)(2)--
       (1) shall be subject to a covenant prohibiting any 
     commercial timber harvest or mineral development on the land;
       (2) shall not be subject to any additional restrictive 
     covenant based on cultural or historic values, or any other 
     restriction, encumbrance, or easement, except as provided in 
     sections 14(g) and 17(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(g), 1616(b)); and
       (3) shall allow use of the land as described in subsection 
     (f).
       (f) Uses of Sacred, Cultural, Traditional, and Historic 
     Sites.--Any sacred, cultural, traditional, or historic site 
     or trade or migration route conveyed pursuant to this Act may 
     be used for--
       (1) preservation of cultural knowledge and traditions 
     associated with such a site;
       (2) historical, cultural, and scientific research and 
     education;
       (3) public interpretation and education regarding the 
     cultural significance of those sites to Alaska Natives;
       (4) protection and management of the site to preserve the 
     natural and cultural features of the site, including cultural 
     traditions, values, songs, stories, names, crests, and clan 
     usage, for the benefit of future generations; and
       (5) site improvement activities for any purpose described 
     in paragraphs (1) through (4), subject to the condition that 
     the activities are consistent with the sacred, cultural, 
     traditional, or historic nature of the site.
       (g) Termination of Restrictive Covenants.--
       (1) In general.--Each restrictive covenant regarding 
     cultural or historical values with respect to any interim 
     conveyance or patent for a historic or cemetery site issued 
     to Sealaska pursuant to the regulations contained in sections 
     2653.3 and 2653.11 of title 43, Code of Federal Regulations 
     (as in effect on the date of enactment of this Act), in 
     accordance with section 14(h)(1) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(h))), terminates on the date 
     of enactment of this Act.
       (2) Remaining conditions.--Land subject to a covenant 
     described in paragraph (1) on the day before the date of 
     enactment of this Act shall be subject to the conditions 
     described in subsection (e).
       (3) Records.--Sealaska shall be responsible for recording 
     with the land title recorders office of the State of Alaska 
     any modification to an existing conveyance of land under 
     section 14(h)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(1)) as a result of this Act.
       (h) Conditions on Alaska Native Futures Land.--Each 
     conveyance of land to Sealaska selected under section 3(b)(3) 
     shall be subject only to--
       (1) a covenant prohibiting any commercial timber harvest or 
     mineral development; and
       (2) the restrictive covenants, encumbrances, or easements 
     under sections 14(g) and 17(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(g), 1616(b)).

     SEC. 5. MISCELLANEOUS.

       (a) Status of Conveyed Land.--Each conveyance of Federal 
     land to Sealaska pursuant to this Act, and each action 
     carried out to achieve the purpose of this Act, shall be 
     considered to be conveyed or acted on, as applicable, 
     pursuant to the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.).
       (b) Environmental Mitigation and Incentives.--
     Notwithstanding subsection (e) and (h) of section 4, all land 
     conveyed to Sealaska pursuant to the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1601 et seq.) and this Act shall be 
     considered to be qualified to receive or participate in, as 
     applicable--
       (1) any federally authorized carbon sequestration program, 
     ecological services program, or environmental mitigation 
     credit; and
       (2) any other federally authorized environmental incentive 
     credit or program.
       (c) No Material Effect on Forest Plan.--
       (1) In general.--The implementation of this Act, including 
     the conveyance of land to Sealaska, alone or in combination 
     with any other factor, shall not require an amendment of, or 
     revision to, the Tongass National Forest Land and Resources 
     Management Plan before the first revision of that Plan 
     scheduled to occur after the date of enactment of this Act.
       (2) Boundary adjustments.--The Secretary of Agriculture 
     shall implement any land ownership boundary adjustment to the 
     Tongass National Forest Land and Resources Management Plan 
     resulting from the implementation of this Act through a 
     technical amendment to that Plan.
       (d) No Effect on Existing Instruments, Projects, or 
     Activities.--
       (1) In general.--Nothing in this Act or the implementation 
     of this Act revokes, suspends, or modifies any permit, 
     contract, or other legal instrument for the occupancy or use 
     of Tongass National Forest land, or any determination 
     relating to a project or activity that authorizes that 
     occupancy or use, that is in effect on the day before the 
     date of enactment of this Act.
       (2) Treatment.--The conveyance of land to Sealaska pursuant 
     to this Act shall be subject to the instruments and 
     determinations described in paragraph (1) to the extent that 
     those instruments and determinations authorize occupancy or 
     use of the land so conveyed.
       (e) Prohibition on Reductions in Staff and Closing and 
     Consolidating Districts.--During the 10-year period beginning 
     on the date of enactment of this Act, the Secretary shall 
     not, as a consequence of this Act--
       (1) reduce the staffing level at any ranger district of the 
     Tongass National Forest, as compared to the applicable 
     staffing level in effect on September 26, 2008; or
       (2) close or consolidate such a ranger district.
       (f) Technical Correction.--Section 2(a)(2) of the Tribal 
     Forest Protection Act of 2004 (25 U.S.C. 3115a(a)(2)) is 
     amended--
       (1) in subparagraph (A), by inserting ``, or is conveyed to 
     an Alaska Native Corporation pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.)'' before the 
     semicolon; and
       (2) in subparagraph (B)(i)--
       (A) in subclause (I), by striking ``or'' at the end; and
       (B) by adding at the end the following:

       ``(III) is owned by an Alaska Native Corporation 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.) and is forest land or formerly 
     had a forest cover or vegetative cover that is capable of 
     restoration; or''.

     SEC. 6. MAPS.

       (a) Availability.--Each map referred to in this Act shall 
     be maintained on file in--
       (1) the office of the Chief of the Forest Service; and
       (2) the office of the Secretary.
       (b) Corrections.--The Secretary or the Chief of the Forest 
     Service may make any necessary correction to a clerical or 
     typographical error in a map referred to in this Act.
       (c) Treatment.--No map referred to in this Act shall be 
     considered to be an attempt by the Federal Government to 
     convey any State or private land.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act and the amendments made by 
     this Act.
                                  ____



                                         Sealaska Corporation,

                                   Juneau, AK, September 25, 2008.
     Hon. Lisa Murkowski,
     U.S. Senate,
     Washington, DC.
       Dear Senator Murkowski: On behalf of Sealaska Corporation 
     (Sealaska), I would like to express our appreciation to you 
     for your assistance on legislation to complete Sealaska's 
     Alaska Native Claims Settlement Act (ANCSA) land entitlement. 
     This legislation would complete Sealaska's land entitlement 
     by allowing Sealaska to select, and receive conveyance of, 
     lands located outside of the original Southeast Alaska ANCSA 
     land withdrawals. Under this proposal. Sealaska would receive 
     land for timber development, the creation of a more 
     diversified (non-timber) economic portfolio, and the 
     protection and perpetuation of Southeast Alaska's Native 
     culture. The land entitlement proposal affects many interests 
     in Southeast Alaska, and has required a significant amount of 
     communication. collaboration, and negotiation to finalize the 
     legislative language. We believe that we now have a 
     compromise bill that will benefit all of Southeast Alaska.
       As you pursue introduction and legislative action on 
     Sealaska land entitlement legislation, we would like to 
     reiterate to you Sealaska's ongoing commitment to the 
     economic. cultural, social, and environmental health of 
     Southeast Alaska. In particular, you have expressed 
     significant concern regarding the economic and energy needs 
     of the region, and Sealaska's role in meeting those needs. We 
     can assure you that Sealaska has those same concerns. This 
     letter is our commitment to you that Sealaska will continue 
     to maintain its commitment to: the creation of economic and 
     employment opportunities for Sealaska shareholders and 
     residents of Southeast Alaska;

[[Page 23028]]

     collaboration with other participants in the Southeast Alaska 
     timber industry on efforts to preserve the economic viability 
     of locally owned sawmills in Southeast Alaska; continued sale 
     of timber at fair market value to local mills and local 
     producers of wood products; addressing high rural energy 
     costs, including through the development of wood biomass 
     alternative fuels; and coordination and collaboration with 
     Indian tribes, Village Corporations, Urban Corporations, 
     local small businesses. and Federal, State, and local 
     agencies regarding economic and energy matters, among other 
     things. We hope that this commitment will provide you with 
     some assurance that the economic health of Southeast Alaska 
     is a shared aspiration of both you and Sealaska.
       If we can be of assistance to you, as you pursue 
     legislative action on the Sealaska land entitlement 
     legislation, please do not hesitate to contact me. Again, 
     thank you for your guidance and leadership on this important 
     piece of legislation.
           Sincerely,
     Albert M. Kookesh,
       Chairman of the Board.
     Chris E. McNeil, Jr.
       President and CEO.
                                 ______
                                 
      By Mr. REED:
  S. 3654. A bill to improve research on health hazards in housing, to 
enhance the capacity of programs to reduce such hazards, to require 
outreach, and for other purposes; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. REED. Mr. President, I introduce today the Research, Hazard 
Intervention, and National Outreach for Healthier Homes Act. I am 
introducing this legislation because decent and safe housing is 
possibly one of the most critical determinants of our overall health 
and well-being. Indeed, where we live greatly affects how we live.
  A June 2006 report from the World Health Organization entitled 
``Preventing Disease Through Healthy Environments,'' found that 
environmental exposures contribute to almost one-quarter of the disease 
burden worldwide, resulting in millions of preventable deaths each 
year. Through scientific research, we know that an individual's 
environment can lead to cardiovascular disease, asthma, and lead 
poisoning, as well as many other diseases and conditions.
  The connection between housing and health is not a new idea. Many of 
our nation's earliest housing standards resulted from the concentrated 
slum housing around factories and in big cities during the Industrial 
Revolution. And, after World War II, a national housing policy was 
declared in the National Housing Act of 1949, stating that there should 
be: ``a decent home and a suitable living environment for every 
American family.'' These early housing standards regarding ventilation, 
sanitation, occupancy, structural soundness, lighting, and other 
habitability criteria greatly advanced our nation's public health.
  I would also be remiss if I did not mention the passage of the Lead-
Based Paint Poisoning Prevention Act in 1991, which has helped 
dramatically decrease lead poisoning in children over the past 15 
years. This law required the Secretary of the Department of Housing and 
Urban Development to establish and implement procedures to eliminate 
lead hazards from public housing.
  In 1992, controls on lead-based paint and lead exposure were further 
enhanced by Title X of the Housing and Community Development Act. Title 
X defined ``hazard'' in such a way that it included deteriorating lead 
paint, and lead-contaminated dust and soil that the lead paint 
generates. It also mandated the creation of an infrastructure that 
would help reduce lead paint hazards in our nation's housing.
  Federal efforts regarding lead poisoning are a wonderful example of a 
federal investment in housing that has produced significant benefits to 
our society while minimizing cost.
  Unfortunately, the conditions of today's worst-case housing looks 
only modestly better than it did a century ago. Now, we must determine 
the role that the government can and should play in stimulating the 
creation of truly decent and safe housing nationwide in the 21st 
Century.
  We can learn from some of our state and local governments about how 
to proceed. In my own state of Rhode Island, the State Department of 
Health and the City of Providence code enforcement division offers 
quarterly training on the identification of housing hazards. Trainees 
walk through homes with a standard assessment survey and evaluate them 
for different environmental hazards, what has been fixed and what needs 
to be repaired or improved.
  The Rhode Island Department of Health Family Outreach Program works 
in conjunction with the state's universal screening program to target 
Rhode Island children, from birth to age three, who are at-risk for 
poor developmental outcomes. Families with children identified as ``at-
risk'' are contacted by a provider in their area and are offered a home 
visit by a multidisciplinary team of nurses, social workers, and 
paraprofessionals. Home visitors also serve as the neighborhood follow-
up for services.
  We need to take advantage of some of the best ideas that are 
currently underway to make our homes and communities healthier. It is 
for this reason that I am introducing, the Research, Hazard 
Intervention and National Outreach for Healthier Homes Act, which seeks 
to encourage and develop healthy housing initiatives in the public and 
private spheres.
  The major purpose of this bill is to enhance and coordinate federal 
healthy housing initiatives. Such coordination should reduce 
duplication in federal efforts and ensure sufficient data collection 
regarding both the housing conditions and the health problems in our 
country's housing stock.
  Specifically, the bill would provide statutory authority for HUD's 
Healthy Homes program, expand the Centers for Disease Control and 
Prevention's current lead program to also address healthy housing 
issues, where appropriate, and establish the Environmental Protection 
Agency's Office of Children's Health Protection as the center for the 
EPA's healthy housing efforts.
  It would also create a new Health Hazard Reduction competitive grant 
program at the EPA and HUD. Applicants must already be recipients of a 
federal grant through an existing federal program such as the Community 
Development Block Grant, CDBG, the HOME Investment Partnerships 
Program, weatherization assistance, low-income home energy assistance, 
or the rural housing assistance programs. After the first three years, 
the EPA and HUD would evaluate the grant program's effectiveness by 
taking into account the aggregate health, safety, energy savings, and 
durability benefits resulting from the program. The CDC and the United 
States Department of Agriculture's (USDA) current coordinated training 
activities on housing-related hazards would also be expanded and 
evaluated.
  In addition, the bill would expand national outreach about housing 
hazards through a combination of market-based incentives, the expansion 
of existing initiatives, and educational media campaigns. For example, 
the EPA would evaluate and promote health protective products, 
materials, and criteria for new and existing housing and create a 
voluntary labeling program that would provide these items with a 
``Healthy Home Seal of Approval''. The CDC, the EPA, and HUD would pool 
their resources to establish a national media campaign to raise public 
awareness about hazards in housing.
  While our nation and nations around the world grapple with important 
social, economic, and international policy questions, we must keep in 
mind the important role healthy housing plays in all of these issues.
  Scientific research has begun to unlock some of the connections 
between housing, community development, and health outcomes. The 
Research, Hazard Intervention, and National, Outreach for Healthier 
Homes Act will help us start working to a time when every family has an 
affordable, decent, and healthy home. I hope my colleagues will join me 
in supporting this bill and other healthy housing efforts.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page 23029]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3654

       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 ``Research, 
     Hazard Intervention, and National Outreach for Healthier 
     Homes Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Americans spend approximately 90 percent of their time 
     indoors, where 6,000,000 households live with moderate or 
     severe housing conditions, including heating, plumbing, and 
     electrical problems, and 24,000,000 households face 
     significant lead-based paint hazards.
       (2) Housing-related health hazards can often be traced back 
     to shared causes, including moisture, ventilation, comfort, 
     pest, contaminant, and structural issues, but further 
     research is necessary in order to definitively understand key 
     relationships between the shared causes, housing-related 
     health hazards, and resident health.
       (3) Since many hazards have interrelated causes and share 
     common solutions, the traditional approach of identifying and 
     remedying housing-related health hazards one-by-one is likely 
     not cost effective or sufficiently health-protective.
       (4) Evidence-based, cost-effective, practical, and widely 
     accessible methods for the assessment and control of housing-
     related health hazards are necessary in order to prevent 
     housing-related injuries and illnesses, including cancer, 
     carbon monoxide poisoning, burns, falls, rodent bites, 
     childhood lead poisoning, and asthma.
       (5) Sustainable building features, including energy 
     efficiency measures, are increasingly popular, and are 
     generally presumed to have beneficial effects on occupant 
     health. However, the health effects of such features need to 
     be evaluated in a comprehensive and timely manner, lest the 
     housing in this country unintentionally revert to the 
     conditions of excessive building tightness and lack of 
     sufficient ventilation characteristic of the 1970s.
       (6) Data collection on housing conditions that could affect 
     occupant health, and on health outcomes that could be related 
     to housing conditions, is scattered and insufficient to meet 
     current and future research needs for affordable, healthy 
     housing. A coordinated, multidata source system is necessary 
     to reduce duplication of Federal efforts, and to ensure 
     sufficient data collection of both the housing conditions and 
     the health problems that persist in the existing housing 
     stock of the Nation.
       (7) Responsibilities related to health hazards in housing 
     are not clearly delineated among Federal agencies. 
     Categorical housing, health, energy assistance, and 
     environmental programs are narrowly defined and often ignore 
     opportunities to address multiple hazards simultaneously. 
     Enabling Federal programs to embrace a comprehensive healthy 
     housing approach will require removing unnecessary Federal 
     statutory and regulatory barriers, and creating incentives to 
     advance the complementary goals of environmental health, 
     energy conservation, and housing availability in relevant 
     programs.
       (8) Personnel who visit homes to provide services or 
     perform other work (such as inspectors, emergency medical 
     technicians, home visitors, housing rehabilitation, 
     construction and maintenance workers, and others) can 
     contribute to occupant health by presenting and applying 
     healthy housing practices. Cost-effective training and 
     outreach is needed to equip such personnel with current 
     knowledge about delivering and maintaining healthy housing.
       (9) Housing-related health hazards are often complex, with 
     causes and solutions often not readily or immediately 
     recognized by residents, property owners, or the general 
     public. In the 2005 American Housing Survey, significant 
     numbers of residents expressed the highest level of 
     satisfaction with their homes, including 20 percent of 
     residents in homes with severe physical problems and 18 
     percent of residents in homes with moderate physical 
     problems. National awareness and local outreach programs are 
     needed to encourage the public to seek and expect healthy 
     housing, to think about housing hazards more comprehensively, 
     to recognize problems, and to address them in a preventative, 
     effective, and low-cost manner.

     SEC. 3. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Housing.--The term ``housing'' means any form of 
     residence, including rental housing, homeownership, group 
     home, or supportive housing arrangement.
       (2) Healthy housing.--The term ``healthy housing'' means 
     housing that is designed, constructed, rehabilitated, and 
     maintained in a manner that supports the health of the 
     occupants of such housing.
       (3) Housing-related health hazard.--The term ``housing-
     related health hazard'' means any biological, physical, or 
     chemical source of exposure or condition either in, or 
     immediately adjacent to, housing, that can adversely affect 
     human health.

             TITLE I--RESEARCH ON HEALTH HAZARDS IN HOUSING

     SEC. 101. HEALTH EFFECTS OF HOUSING-RELATED HEALTH HAZARDS.

       (a) In General.--The Director of the National Institute of 
     Environmental Health Sciences and the Administrator of the 
     Environmental Protection Agency shall evaluate the health 
     effects of housing-related health hazards for which limited 
     research or understanding of causes or associations exists.
       (b) Criteria.--In carrying out the evaluation under 
     subsection (a), the Director of the National Institute of 
     Environmental Health Sciences and the Administrator of the 
     Environmental Protection Agency shall--
       (1) determine the housing-related health hazards for which 
     there exists limited understanding of health effects;
       (2) prioritize the housing-related health hazards to be 
     evaluated;
       (3) coordinate research plans in order to avoid unnecessary 
     duplication of efforts; and
       (4) evaluate the health risks, routes and pathways of 
     exposure, and human health effects that result from indoor 
     exposure to biological, physical, and chemical housing-
     related health hazards, including carbon monoxide, volatile 
     organic compounds, common residential and garden pesticides, 
     and factors that sensitize individuals to asthma.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2009 through 
     2011, $3,500,000 for carrying out the activities under this 
     section.

     SEC. 102. EVIDENCE-BASED, COST-EFFECTIVE METHODS FOR 
                   ASSESSMENT, PREVENTION, AND CONTROL OF HOUSING-
                   RELATED HEALTH HAZARDS.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall, in consultation with the Director of the 
     Centers for Disease Control and Prevention, to implement 
     studies by the Office of Healthy Homes and Lead Hazard 
     Control of the assessment, prevention, and control of 
     housing-related health hazards.
       (b) Study.--The Secretary of Housing and Urban Development, 
     in consultation with other Federal agencies, shall initiate--
       (1) for fiscal years 2009 through 2013, at least 1 study 
     per year of the methods for assessment, prevention, or 
     control of housing-related health hazards that provide for--
       (A) instrumentation, monitoring, and data collection 
     related to such assessment or control methods;
       (B) study of the ability of the assessment and monitoring 
     methods to predict health risks and the effect of control 
     methods on health outcomes; and
       (C) the evaluation of the cost-effectiveness of such 
     assessment or control methods; and
       (2) no fewer than 4 studies, which may run concurrently.
       (c) Criteria for Study.--Each study conducted pursuant to 
     subsection (b) shall, if the Secretary of Housing and Urban 
     Development deems it scientifically appropriate, evaluate the 
     assessment or control method in each of the different 
     climactic regions of the United States, including--
       (1) a hot, dry climate;
       (2) a hot, humid climate;
       (3) a cold climate; and
       (4) a temperate climate (including a climate with cold 
     winters and humid summers).
       (d) Authority of the Secretary.--The Secretary of Housing 
     and Urban Development may award contracts or interagency 
     agreements to carry out the studies required under this 
     section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $6,000,000 for carrying out the activities under this 
     section.

     SEC. 103. STUDY ON SUSTAINABLE BUILDING FEATURES AND INDOOR 
                   ENVIRONMENTAL QUALITY IN EXISTING HOUSING.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall, in consultation with other Federal 
     agencies, conduct a detailed study of how sustainable 
     building features, such as energy efficiency, in existing 
     housing affect the quality of the indoor environment, the 
     prevalence of housing-related health hazards, and the health 
     of occupants.
       (b) Contents.--The study required under subsection (a) 
     shall--
       (1) investigate the effect of sustainable building features 
     on the quality of the indoor environment and the prevalence 
     of housing-related health hazards;
       (2) investigate how sustainable building features, such as 
     energy efficiency, are influencing the health of occupants of 
     such housing; and
       (3) ensure that the effects of the indoor environmental 
     quality are evaluated comprehensively.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $500,000 for carrying out the activities under this 
     section.

[[Page 23030]]



     SEC. 104. DATA COLLECTION ON HOUSING-RELATED HEALTH HAZARDS.

       (a) Completion of Analysis.--The Secretary of Housing and 
     Urban Development shall complete the analysis of data 
     collected for the National Survey on Lead and Allergens in 
     Housing and the American Healthy Housing Survey.
       (b) Expansion of Monitoring.--The Administrator of the 
     Environmental Protection Agency shall expand the current 
     indoor environmental monitoring efforts of the Administrator 
     in an effort to establish baseline levels of indoor chemical 
     pollutants and their sources, including routes and pathways, 
     in homes.
       (c) Data Evaluation and Collection System.--
       (1) Data evaluation.--The Director of the Centers for 
     Disease Control and Prevention shall, in consultation with 
     the Secretary of Housing and Urban Development and the 
     Administrator of the Environmental Protection Agency, 
     determine the data and resources needed to establish and 
     maintain a healthy housing data collection system.
       (2) Data collection system.--
       (A) In general.--The Director of the Centers for Disease 
     Control and Prevention, based upon the needs determined under 
     paragraph (1), shall carry out the development and operation 
     of a healthy housing data collection system that--
       (i) draws upon existing data collection systems, including 
     those systems at other Federal agencies, to the maximum 
     extent practicable;
       (ii) conforms with the 2001 Updated Guidelines for 
     Evaluating Public Health Surveillance Systems;
       (iii) improves upon the ability of researchers to assess 
     links between housing and health characteristics; and
       (iv) incorporates the input of potential data users, to the 
     maximum extent practicable.
       (B) Criteria.--The data collection system required to be 
     developed under subparagraph (A) shall--
       (i) pilot subject areas to evaluate for overall data 
     quality and utility, level of data collection, feasibility of 
     additional data collection, and privacy considerations;
       (ii) develop common assessment tools and integrated 
     database applications and, where possible, standardize 
     analysis techniques;
       (iii) develop mechanisms to facilitate ongoing 
     multidisciplinary interagency involvement;
       (iv) create a clearinghouse to monitor potential data 
     sources; and
       (v) develop public use datasets.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) for each of fiscal years 2009 through 2011, $600,000 
     for carrying out the activities under subsection (a); and
       (2) for each of fiscal years 2009 through 2013--
       (A) $2,000,000 for carrying out the activities under 
     subsection (b); and
       (B) $8,000,000 for carrying out the activities under 
     subsection (c).

         TITLE II--CAPACITY TO REDUCE HEALTH HAZARDS IN HOUSING

     SEC. 201. HOUSING AND URBAN DEVELOPMENT PROGRAM CAPACITY ON 
                   HOUSING-RELATED HEALTH HAZARDS.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall, in cooperation with other Federal 
     agencies--
       (1) develop improved methods for evaluating health hazards 
     in housing;
       (2) develop improved methods for preventing and reducing 
     health hazards in housing;
       (3) support the development of objective measures for what 
     is considered a ``healthy'' residential environment;
       (4) evaluate the long-term cost effectiveness of a healthy 
     housing approach;
       (5) promote the incorporation of healthy housing principles 
     into ongoing practices and systems, including housing codes, 
     rehabilitation specifications, and maintenance plans;
       (6) promote the incorporation of health considerations into 
     green and energy-efficient construction and rehabilitation;
       (7) promote the use of healthy housing principles in post-
     disaster environments, such as the dissemination of 
     information on safe rehabilitation and recovery practices;
       (8) improve the dissemination of healthy housing 
     information, including best practices, to partners, grantees, 
     the private sector, and the public; and
       (9) promote State and local level healthy housing efforts, 
     such as the collaboration of State and local health, housing, 
     and environment agencies, and the private sector.
       (b) Authority of the Secretary.--The Secretary of Housing 
     and Urban Development may award grants, contracts, or 
     interagency agreements to carry out the activities required 
     under this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $14,800,000 for carrying out the activities under this 
     section.

     SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION PROGRAM 
                   CAPACITY ON HOUSING-RELATED HEALTH HAZARDS.

       Section 317A of the Public Health Service Act (42 U.S.C. 
     247b-1) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A)--
       (i) in clause (i), by inserting ``and other housing-related 
     illnesses and injuries'' after ``screening for elevated blood 
     lead levels'';
       (ii) in clause (ii), by striking ``referral for treatment 
     of such levels'' and inserting ``referral for treatment of 
     elevated blood lead levels and other housing-related 
     illnesses and injuries''; and
       (iii) in clause (iii), by striking ``intervention 
     associated with such levels'' and inserting ``intervention 
     associated with elevated blood lead levels and other housing- 
     related illnesses and injuries''; and
       (B) in subparagraph (B) by inserting before the period at 
     the end ``and other housing-related illnesses and injuries'';
       (2) in subsection (l), by adding at the end the following:
       ``(3) Additional appropriations.--In addition to any other 
     authorization of appropriation available under this Act to 
     the Centers for Disease Control and Prevention for the 
     purpose of carrying out the lead poisoning prevention grant 
     program, there is authorized to be appropriated for each of 
     fiscal years 2009 through 2013 to the Centers for Disease 
     Control and Prevention $10,000,000 to incorporate healthy 
     housing principles into the work of program staff and 
     grantees.''; and
       (3) by adding at the end the following:
       ``(n) Healthy Housing Approach.--An eligible entity under 
     this section is encouraged to--
       ``(1) in general, work toward a transition from a 
     categorical lead-based paint approach to a comprehensive 
     healthy housing approach that focuses on primary prevention 
     of housing-related health hazards (as that term is defined 
     under section 3 of the Research, Hazard Intervention, and 
     National Outreach for Healthier Homes Act of 2008);
       ``(2) train staff in healthy housing principles;
       ``(3) promote the incorporation of healthy housing 
     principles into ongoing State and local programs and systems; 
     and
       ``(4) incorporate healthy housing principles into education 
     programs for parents, educators, community-based 
     organizations, local health officials, health professionals, 
     and paraprofessionals.''.

     SEC. 203. ENVIRONMENTAL PROTECTION AGENCY PROGRAM CAPACITY ON 
                   HOUSING-RELATED HEALTH HAZARDS.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, acting through the director of the Office 
     of Children's Health Protection and Environmental Education, 
     shall address health hazards in the home environment, with 
     particular attention to children, the elderly, and families 
     with limited resources.
       (b) Required Actions of Office of Children's Health 
     Protection and Environmental Education.--The director of the 
     Office of Children's Health Protection and Environmental 
     Education, in consultation with other relevant offices within 
     the Environmental Protection Agency, shall--
       (1) monitor standards set by the Environmental Protection 
     Agency to ensure that the standards are protective of 
     elevated risks faced by children or the elderly;
       (2) develop policies to address aggregate, cumulative, and 
     simultaneous exposures experienced by children and the 
     elderly, with particular attention to hazards in the home 
     environment;
       (3) coordinate healthy housing efforts across the 
     Environmental Protection Agency;
       (4) promote the incorporation of healthy housing principles 
     into ongoing practices and systems, including the work of 
     State and local environment departments;
       (5) encourage and expand healthy housing educational 
     efforts to partners, grantees, the private sector, 
     environmental professionals, and the public; and
       (6) designate not less than 1 representative per region, to 
     coordinate children's environmental health activities, 
     including healthy housing efforts, with State and local 
     environmental departments.
       (c) Authority of the Administrator.--The Administrator of 
     the Environmental Protection Agency may award grants, 
     contracts, or interagency agreements to carry out the 
     activities required under this section.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed to alter, invalidate, repeal, or otherwise 
     supercede the duties assigned to any office within the 
     Environmental Protection Agency under any other provision of 
     law.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $8,000,000 for carrying out the activities under this 
     section.

     SEC. 204. HEALTH HAZARD REDUCTION GRANTS.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall award health hazard reduction grants to 
     enable eligible applicants from other eligible Federal 
     programs to reduce significant structural, health, and safety 
     hazards in the home.
       (b) Eligible Programs.--Programs eligible to participate in 
     the grant program established under this section shall be 
     Federal assistance programs that pertain to housing, as 
     determined by the Secretary, including--

[[Page 23031]]

       (1) the Community Development Block Grant program under 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.);
       (2) the HOME Investment Partnerships program under title II 
     of the Cranston-Gonzalez National Affordable Housing Act (42 
     U.S.C. 12721 et seq.);
       (3) the lead hazard control grants under the Residential 
     Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 
     et seq.);
       (4) the Weatherization Assistance Program for Low-Income 
     Persons established under part A of title IV of the Energy 
     Conservation and Production Act (42 U.S.C. 6861 et seq.);
       (5) the low-income home energy assistance program 
     established under the Low-Income Home Energy Assistance Act 
     of 1981 (42 U.S.C. 8621 et seq.);
       (6) rural housing assistance grants under section 515 of 
     the Housing Act of 1949 (42 U.S.C. 1485); and
       (7) any other temporary or other Federal housing assistance 
     programs that benefit low-income households.
       (c) Eligible Applicants.--Eligible applicants for grants 
     under this section shall be nonprofit or governmental 
     entities that have applied for or receive primary funding 
     from an eligible program, and may include State and local 
     agencies, community action program agencies, subrecipients of 
     funds under the Weatherization Assistance Program for Low-
     Income Persons established under part A of title IV of the 
     Energy Conservation and Production Act (42 U.S.C. 6861 et 
     seq.), community development corporations, community housing 
     development organizations, and other nonprofit organizations 
     as determined by the Secretary.
       (d) Award of Grants.--
       (1) In general.--Each eligible program shall submit a list 
     of the recipients of the grant funds awarded by the eligible 
     program to the Secretary of Housing and Urban Development, 
     prior to publicly announcing such list.
       (2) Competitive basis.--The Secretary shall award grants 
     under this section on a competitive basis.
       (3) Funding cycles.--In the event that the Secretary of 
     Housing and Urban Development announces the availability of 
     grants under this section prior to an eligible program's 
     public announcements of the list of recipients of grant funds 
     described under paragraph (1), a grantee from that eligible 
     program may apply for grants under this section during the 
     next funding cycle.
       (e) Eligible Activities.--
       (1) In general.--Grants awarded under this section may be 
     used to fund corrective and preventive measures to address 
     housing-related health hazards and safety hazards, and energy 
     burden problems, including--
       (A) roof repair and replacement;
       (B) structural repairs and exterior grading;
       (C) window repair and replacement;
       (D) correction of combustion gas appliance back-drafting 
     and other serious ventilation problems;
       (E) provision of adequate ventilation;
       (F) integrated pest management; and
       (G) control of other critical housing-related health and 
     safety hazards, such as installation of smoke alarms, carbon 
     monoxide detection devices, and radon testing and mitigation.
       (2) Covered costs.--The costs of visual assessment and 
     testing for baseline documentation of problems, and eligible 
     corrective and preventive measures to address such problems, 
     shall be allowable program expenses.
       (f) Flexible Funding.--Grants awarded under this section 
     shall be subject to the requirements that govern the primary 
     source of Federal funds supporting each project.
       (g) Administrative Expenses.--Not more than 10 percent of 
     funds for each grant awarded under this section may be used 
     for administrative expenses.
       (h) Reporting Requirements.--Consistent with the 
     supplemental purpose of the grant program established under 
     this section, the Secretary of Housing and Urban Development 
     shall streamline reporting and record keeping requirements by 
     building on existing reporting requirements of the eligible 
     program. For each property receiving treatments funded by 
     grants under this section, the grantee shall document the 
     problems treated and the amount of grant funds used, and 
     report such information to the primary awarding agency, which 
     shall aggregate reports and supporting data and submit all 
     such reports and data to the Secretary.
       (i) Evaluation.--The Secretary of Housing and Urban 
     Development shall review the implementation of the grant 
     program established under this section beginning on the date 
     of enactment of this Act and ending on the date that is 1 
     years after such date of enactment. The review shall 
     determine how grantees use and leverage funds and evaluate 
     the cost-effectiveness of the grant program, taking into 
     account the aggregate health, safety, energy savings, and 
     durability benefits from measures taken, as well as the 
     success of the grant program's leveraging of and coordination 
     with Federal investments from other programs.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2011, $10,000,000 for carrying out the activities under this 
     section.

     SEC. 205. EFFECTIVE TRAINING ON HOUSING-RELATED HEALTH 
                   HAZARDS.

       (a) Public Health Service Act Amendments.--Section 317B of 
     the Public Health Service Act (42 U.S.C. 247b-3) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Training.--The Secretary, acting through the Director 
     of the Centers for Disease Control and Prevention, shall--
       ``(A) train lead poisoning prevention program staff in 
     healthy housing principles;
       ``(B) deliver training and technical assistance in the 
     identification and control of housing-related health hazards 
     (as that term is defined in section 3 of the Research, Hazard 
     Intervention, and National Outreach for Healthier Homes Act 
     of 2008) to staff of State and local public health 
     departments and code enforcement agencies, health care 
     providers, other health care delivery systems and 
     professionals, and community-based organizations; and
       ``(C) provide resources and incentives to State and local 
     health departments to support the wide availability of free 
     or low-cost training to prevent and control housing-related 
     health hazards.''; and
       (2) by adding at the end the following:
       ``(c) Authorizations of Appropriations.--In addition to any 
     other authorization of appropriation available under this Act 
     to the Centers for Disease Control and Prevention for the 
     purpose of carrying out lead poisoning prevention education, 
     the Interagency Task Force, technology assessment, and 
     epidemiology, there is authorized to be appropriated for each 
     of fiscal years 2009 through 2013 to the Centers for Disease 
     Control and Prevention $8,000,000 to facilitate a transition 
     from categorical lead poisoning prevention to comprehensive 
     healthy housing approaches.''.
       (b) Department of Agriculture.--
       (1) Technical assistance.--
       (A) In general.--The Secretary of Agriculture shall, acting 
     through the Cooperative State Research, Education, and 
     Extension Service, establish a competitive grant program to 
     promote education and outreach on housing-related health 
     hazards.
       (B) Eligible applicants.--The Secretary of Agriculture may 
     award grants, on a competitive basis, under this subsection 
     to land-grant colleges and universities (as defined in 
     section 1404 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) 
     for education and extension services.
       (C) Criteria for grants.--Grants under this subsection 
     shall be awarded to address housing-related health hazards 
     through translation of the latest research into easy-to-use 
     guidelines, development and dissemination of outreach 
     materials, and operation of training and education programs 
     to build capacity at a local level.
       (2) Expanded training.--The Secretary of Agriculture shall, 
     acting through the Cooperative State Research, Education, and 
     Extension Service Regional Integrated Pest Management 
     Training Centers, expand training and outreach activities to 
     include structural integrated pest management topics.
       (3) Coverage of lead-based paint and other health 
     hazards.--The Secretary of Agriculture shall, acting through 
     the Expanded Food and Nutrition Education Program, in 
     consultation with the Cooperative State Research, Education, 
     and Extension Service Housing and Indoor Environments 
     Division, ensure that food and nutrition subject matter 
     content for adults and youth includes effective information 
     about preventing exposure to lead-based paint, pests, 
     pesticides, mold, and, where there is sufficient data, about 
     preventing exposure to other biological or chemical food 
     safety hazards in and around the home.
       (c) Evaluation.--Not later than 2 years after the date of 
     enactment of this Act, the Director of the Centers for 
     Disease Control and Prevention and the Secretary of 
     Agriculture shall evaluate the cost-effectiveness of the 
     training programs authorized under this section and prepare a 
     report, the results of which shall be posted on the website 
     of each agency.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013--
       (1) $700,000 for carrying out the activities under 
     subsection (b)(1);
       (2) $250,000 for carrying out the activities under 
     subsection (b)(2); and
       (3) $250,000 for carrying out the activities under 
     subsection (b)(3).

     SEC. 206. ENFORCEMENT OF LEAD DISCLOSURE RULE.

       Subsection (a) of section 1018 of subtitle A, of title X of 
     the Housing and Community Development Act of 1992 (42 U.S.C. 
     4852d), is amended by adding at the end the following:
       ``(6) Authority of the secretary.--
       ``(A) Investigations.--The Secretary is authorized to 
     conduct such investigations as may be necessary to administer 
     and carry out his duties under this section. The Secretary is 
     authorized to administer oaths and require by subpoena the 
     production of documents, and the attendance and testimony of 
     witnesses as the Secretary deems advisable. Nothing contained 
     in this subparagraph shall prevent the Administrator of the 
     Environmental Protection Agency from exercising

[[Page 23032]]

     authority under the Toxic Substances Control Act or this Act.
       ``(B) Enforcement.--Any district court of the United States 
     within the jurisdiction of which an inquiry is carried, on 
     application of the Attorney General, may, in the case of 
     contumacy or refusal to permit entry under this section or to 
     obey a subpoena of the Secretary issued under this section, 
     issue an order requiring such entry or such compliance 
     therewith. Any failure to obey such order of the court may be 
     punished by such court as a contempt thereof.''.

           TITLE III--EDUCATION ON HEALTH HAZARDS IN HOUSING

     SEC. 301. HEALTHY HOME SEAL OF APPROVAL PROGRAM.

       (a) Establishment.--There is established within the 
     Environmental Protection Agency the following labeling 
     programs:
       (1) Products and materials labeling program.--A voluntary 
     labeling program to evaluate consumer products intended for 
     home use and housing materials to determine their efficacy in 
     fostering a healthy home environment.
       (2) Criteria for housing labeling program.--A voluntary 
     labeling program to expand upon the Energy Star program 
     established by section 324A of the Energy Policy and 
     Conservation Act (42 U.S.C. 6294a) to establish health-
     promoting design and maintenance criteria for new and 
     existing housing.
       (b) Duties.--
       (1) In general.--The Administrator of the Environmental 
     Protection Agency shall, in consultation with the Secretary 
     of Housing and Urban Development and the Director of the 
     Centers for Disease Control and Prevention--
       (A) promote the Healthy Home Seal of Approval for consumer 
     products and materials, and for criteria for housing as the 
     preferred options in the marketplace for achieving optimum 
     indoor environmental quality and maximum occupant health;
       (B) work to enhance public awareness of the Healthy Home 
     Seal of Approval for consumer products and materials, and for 
     criteria for housing, including by providing special outreach 
     to small businesses;
       (C) conduct research and provide sound science and methods 
     to evaluate products, materials, and criteria for housing 
     that preserves the integrity of the Healthy Home Seal of 
     Approval for consumer products and materials, and for 
     criteria for housing label;
       (D) regularly update the requirements for the Healthy Home 
     Seal of Approval for products and materials, and for criteria 
     for housing;
       (E) solicit comments from interested parties prior to 
     establishing or revising a Healthy Home Seal of Approval, 
     including a change to a product category, material category, 
     specification, or criterion (or prior to effective dates for 
     any such product category, material category, specification, 
     or criterion);
       (F) on adoption of a new or revised product category, 
     material category, specification, or criterion in a Healthy 
     Home Seal of Approval, provide reasonable notice to 
     interested parties of any changes (including effective dates) 
     in product categories, material categories, specifications, 
     or criteria, along with--
       (i) an explanation of the changes; and
       (ii) as appropriate, responses to comments submitted by 
     interested parties; and
       (G) provide appropriate lead time (which shall be 270 days, 
     unless the Administrator specifies otherwise) prior to the 
     applicable effective date for a new or a significant revision 
     to a Healthy Home Seal of Approval, including a change to a 
     product category, material category, specification, or 
     criterion.
       (2) Lead time.--If a product category is revised in 
     accordance with paragraph (1)(G), the lead time shall take 
     into account the timing requirements of the manufacturing, 
     product marketing, and distribution process for the specific 
     product addressed.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $6,000,000 for carrying out the activities under this 
     section.

     SEC. 302. OUTREACH ON HEALTH HAZARDS IN HOUSING.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency, acting through the Office of Children's 
     Health Protection and Environmental Education, shall provide 
     education and outreach to the general public on the--
       (1) environmental health risks experienced by the elderly; 
     and
       (2) low-cost methods for addressing such risks.
       (b) Food Quality Protection.--Section 303 of the Food 
     Quality Protection Act of 1996 (7 U.S.C. 136r-1) is amended--
       (1) in the first sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(a) Programs.--
       ``(1) Implementation.--The Secretary'';
       (2) in the second sentence, by striking ``Integrated Pest 
     Management is'' and inserting the following:
       ``(2) Definition of integrated pest management.--In this 
     section, the term `Integrated Pest Management' means'';
       (3) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(b) Federal Agencies.--
       ``(1) Availability of information.--The Secretary'';
       (4) in the fourth sentence, by striking ``Federal 
     agencies'' and inserting the following:
       ``(2) Use.--A Federal agency''; and
       (5) by adding at the end the following:
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $300,000 for use by the Secretary of Agriculture; and
       ``(2) $300,000 for use by the Administrator.''.
       (c) Grant Program.--
       (1) In general.--The Secretary of Housing and Urban 
     Development shall award funds for a Health Hazards Outreach 
     competitive grant program.
       (2) Eligible applicants.--Eligible applicants for a grant 
     under paragraph (1) are national nonprofit organizations, and 
     State and local entities, including community-based 
     organizations and government health, environmental, and 
     housing departments.
       (3) Eligible activities.--Funds awarded under this 
     subsection may be used to--
       (A) document the need for healthy housing assessments or 
     controls in a given community or communities;
       (B) perform outreach and education with a community-level 
     focus; and
       (C) develop policy and capacity building approaches.
       (4) Collaboration with local institutions.--Eligible 
     applicants under this subsection are encouraged to--
       (A) forge partnerships among State or local level 
     government and nonprofit entities; and
       (B) improve the incorporation of healthy housing principles 
     into existing State and local systems where possible.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013--
       (1) $300,000 for carrying out the activities under 
     subsection (a); and
       (2) $2,000,000 for carrying out the activities under 
     subsection (c).

     SEC. 303. NATIONAL HEALTHY HOUSING MEDIA CAMPAIGN.

       (a) In General.--The Secretary of Housing and Urban 
     Development, the Director of the Centers for Disease Control 
     and Prevention, and the Administrator of the Environmental 
     Protection Agency shall establish and maintain a national 
     healthy housing media campaign.
       (b) Requirements of Campaign.--The Secretary of Housing and 
     Urban Development, the Director of the Centers for Disease 
     Control and Prevention, and the Administrator of the 
     Environmental Protection Agency shall--
       (1) determine the design of the national healthy housing 
     media campaign, including by--
       (A) identifying the target audience;
       (B) formulating and packaging unified messages regarding--
       (i) how best to assess health hazards in the home; and
       (ii) how best to prevent and control health hazards in the 
     home;
       (C) identifying ideal mechanisms for dissemination;
       (D) distributing responsibilities and establishing an 
     ongoing system of coordination; and
       (E) incorporating input from the target audience of the 
     campaign;
       (2) carry out the operation of a national healthy housing 
     media campaign that--
       (A) draws upon existing outreach and public education 
     efforts to the maximum extent practicable;
       (B) provides critical healthy housing information in a 
     concise and simple manner; and
       (C) uses multiple media strategies to reach the maximum 
     number of people in the target audience as possible; and
       (3) evaluate the performance of the campaign, including 
     by--
       (A) tracking the accomplishments of the campaign;
       (B) identifying changes in healthy housing awareness, 
     healthy housing activities, and the healthy housing 
     conditions among the target audience of the campaign;
       (C) assessing the cost-effectiveness of the campaign in 
     achieving the goals of the campaign; and
       (D) preparing a final evaluation report within 1 year of 
     the close of the campaign, the results of which shall be 
     posted on the website of each such agency.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated for each of fiscal years 2009 through 
     2013, $6,000,000 for carrying out the activities under this 
     section.

                          ____________________




                    AMENDMENTS SUBMITTED AND PROPOSED

       SA 5679. Mr. CARDIN (for Mr. Harkin (for himself, Mr. 
     Chambliss, Mr. Conrad, Mr. Baucus, and Mr. Grassley)) 
     proposed an amendment to the bill H.R. 6849, to amend the 
     commodity provisions of the Food, Conservation, and Energy 
     Act of 2008 to permit producers to aggregate base acres and 
     reconstitute farms to avoid the prohibition on receiving 
     direct payments, counter-cyclical payments, or average crop 
     revenue election

[[Page 23033]]

     payments when the sum of the base acres of a farm is 10 acres 
     or less, and for other purposes.
       SA 5680. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the House amendment to the Senate 
     amendment to H.R. 2095, to amend title 49, United States 
     Code, to prevent railroad fatalities, injuries, and hazardous 
     materials releases, to authorize the Federal Railroad Safety 
     Administration, and for other purposes; which was ordered to 
     lie on the table.
       SA 5681. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the House amendment to the Senate 
     amendment to H.R. 2095, supra; which was ordered to lie on 
     the table.
       SA 5682. Mr. COBURN submitted an amendment intended to be 
     proposed by him to the House amendment to the Senate 
     amendment to H.R. 2095, supra; which was ordered to lie on 
     the table.

                          ____________________




                           TEXT OF AMENDMENTS

  SA 5679. Mr. CARDIN (for Mr. Harkin (for himself, Mr. Chambliss, Mr. 
Conrad, Mr. Baucus, and Mr. Grassley)) proposed an amendment to the 
bill H.R. 6849, to amend the commodity provisions of the Food, 
Conservation, and Energy Act of 2008 to permit producers to aggregate 
base acres and reconstitute farms to avoid the prohibition on receiving 
direct payments, counter-cyclical payments, or average crop revenue 
election payments when the sum of the base acres of a farm is 10 acres 
or less, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.

       (a) Suspension of Prohibition.--
       (1) In general.--Section 1101(d) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by 
     adding at the end the following:
       ``(4) Suspension of prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (2) Peanuts.--Section 1302(d) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by 
     adding at the end the following:
       ``(4) Suspension of prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (b) Extension of 2008 Signup for Direct Payments and 
     Counter-Cyclical Payments.--
       (1) In general.--Section 1106 of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding 
     at the end the following:
       ``(f) Extension of 2008 Signup.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall extend the 2008 crop year deadline 
     for the signup for benefits under this subtitle by producers 
     on a farm with base acres of 10 acres or less until the later 
     of--
       ``(A) November 14, 2008; or
       ``(B) the end of the 45-day period beginning on the date of 
     the enactment of this subsection.
       ``(2) Penalties.--The Secretary shall ensure that no 
     penalty with respect to benefits under this subtitle or 
     subtitle B is assessed against producers on a farm described 
     in paragraph (1) for failure to submit reports under this 
     section or timely comply with other program requirements as a 
     result of compliance with the extended signup deadline under 
     that paragraph.''.
       (2) Peanuts.--Section 1305 of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 8755) is amended by adding at 
     the end the following:
       ``(f) Extension of 2008 Signup.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall extend the 2008 crop year deadline 
     for the signup for benefits under this subtitle by producers 
     on a farm with base acres of 10 acres or less until the later 
     of--
       ``(A) November 14, 2008; or
       ``(B) the end of the 45-day period beginning on the date of 
     the enactment of this subsection.
       ``(2) Penalties.--The Secretary shall ensure that no 
     penalty with respect to benefits under this subtitle is 
     assessed against producers on a farm described in paragraph 
     (1) for failure to submit reports under this section or 
     timely comply with other program requirements as a result of 
     compliance with the extended signup deadline under that 
     paragraph.''.
       (c) Offsetting Reduction.--Section 515(k)(1) of the Federal 
     Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by 
     striking ``2011'' and inserting ``2010, and not more than 
     $9,000,000 for fiscal year 2011''.

     SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM.

       (a) Federal Crop Insurance Act.--
       (1) Definitions.--Section 531(a) of the Federal Crop 
     Insurance Act (7 U.S.C. 1531(a)) is amended--
       (A) in paragraph (3)(B), by inserting ``has'' after ``on a 
     farm that'';
       (B) in paragraph (4), by striking ``section 1102 of the 
     Farm Security and Rural Investment Act of 2002'' and all that 
     follows through the end of the paragraph and inserting 
     ``under--
       ``(i) section 1102 or 1302 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7912, 7952);
       ``(ii) section 1102 or 1301(6) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or
       ``(iii) a successor section.'';
       (C) in paragraph (5)(B)(ii), by striking ``, the total 
     loss'' and all that follows through the end of the paragraph 
     and adding ``the actual production on the farm is less than 
     50 percent of the normal production on the farm.'';
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for sale or on-farm 
     livestock feeding (including native grassland intended for 
     haying)'' after ``harvest''; and
       (ii) in subparagraph (C), by inserting ``for sale'' after 
     ``crop'';
       (E) by redesignating paragraphs (2) through (4), (5) 
     through (12), and (13) through (18) as paragraphs (3) through 
     (5), (7) through (14), and (16) through (21), respectively;
       (F) by inserting after paragraph (1) the following:
       ``(2) Actual production on the farm.--The term `actual 
     production on the farm' means the sum of the value of all 
     crops produced on the farm, as determined under subsection 
     (b)(6)(B).'';
       (G) by inserting after paragraph (5) (as redesignated by 
     subparagraph (E)) the following:
       ``(6) Crop of economic significance.--The term `crop of 
     economic significance' shall have the uniform meaning given 
     the term by the Secretary for purposes of subsections 
     (b)(1)(B) and (g)(6).''; and
       (H) by inserting after paragraph (14) (as redesignated by 
     subparagraph (E)) the following:
       ``(15) Normal production on the farm.--The term `normal 
     production on the farm' means the sum of the expected revenue 
     for all crops on the farm, as determined under subsection 
     (b)(6)(A).''.
       (2) Supplemental revenue assistance payments.--Section 
     531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) 
     is amended--
       (A) in paragraph (1)--
       (i) by striking ``(1) in general.--The Secretary'' and 
     inserting the following:
       ``(1) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--To be eligible for crop loss assistance 
     under this subsection, the actual production on the farm for 
     at least 1 crop of economic significance shall be reduced by 
     at least 10 percent due to disaster, adverse weather, or 
     disaster-related conditions.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Exclusion of subsequently planted crops.--In 
     calculating the disaster assistance program guarantee under 
     paragraph (3) and the total farm revenue under paragraph (4), 
     the Secretary shall not consider the value of any crop that--
       ``(i) is produced on land that is not eligible for a policy 
     or plan of insurance under subtitle A or assistance under the 
     noninsured crop assistance program; or
       ``(ii) is subsequently planted on the same land during the 
     same crop year as the crop for which disaster assistance is 
     provided under this subsection, except in areas in which 
     double-cropping is a normal practice, as determined by the 
     Secretary.'';
       (C) in paragraph (3)(A)(ii)(III)--
       (i) in the matter before item (aa), by inserting ``50 
     percent of'' before ``the higher of''; and
       (ii) in item (aa), by striking ``guarantee'';
       (D) in paragraph (4)--
       (i) in subparagraph (A)(i)--

       (I) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) the actual production by crop on a farm for purposes 
     of determining losses under subtitle A or the noninsured crop 
     assistance program; and''; and
       (II) by redesignating subclause (III) as subclause (II);

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) as the Secretary determines appropriate, to reflect 
     regional variations in a manner consistent with the operation 
     of the crop insurance program under subtitle A and the 
     noninsured crop assistance program.'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the sum obtained by adding'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each insurable commodity, the 
     product'';
       (II) in clause (i), by striking ``greatest'' and inserting 
     ``greater'';
       (III) in clause (iii), by striking ``of the insurance price 
     guarantee; and'' and inserting ``of the price election for 
     the commodity used to calculate an indemnity for an 
     applicable policy of insurance if an indemnity is triggered; 
     and''; and

[[Page 23034]]

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each noninsurable crop, the 
     product'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) by redesignating clause (ii) as clause (iii); and
       (IV) by inserting after clause (i) the following:

       ``(ii) the acreage planted or prevented from being planted 
     for each crop; and''; and
       (F) by adding at the end the following:
       ``(6) Production on the farm.--
       ``(A) Normal production on the farm.--The normal production 
     on the farm shall equal the sum of the expected revenue for 
     each crop on a farm as determined under paragraph (5).
       ``(B) Actual production on the farm.--The actual production 
     on the farm shall equal the sum obtained by adding--
       ``(i) for each insurable commodity on the farm, the product 
     obtained by multiplying--

       ``(I) 100 percent of the price election for the commodity 
     used to calculate an indemnity for an applicable policy of 
     insurance if an indemnity is triggered; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses; and

       ``(ii) for each noninsurable commodity on a farm, the 
     product obtained by multiplying--

       ``(I) 100 percent of the noninsured crop assistance program 
     established price for the commodity; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses.''.

       (3) Waiver for socially disadvantaged, limited resource, or 
     beginning farmer or rancher.--Section 531(d)(5)(B)(ii) of the 
     Federal Crop Insurance Act (7 U.S.C. 1531(d)(5)(B)(ii)) is 
     amended by striking ``section'' and inserting ``subsection''.
       (4) Tree assistance program.--Section 531(f)(2)(A) of the 
     Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is 
     amended by striking ``the Secretary shall provide'' and 
     inserting ``the Secretary shall use such sums as are 
     necessary from the Trust Fund to provide''.
       (5) De minimis exception to risk management purchase 
     requirement.--Section 531(g) of the Federal Crop Insurance 
     Act (7 U.S.C. 1531(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--For purposes of assistance under 
     subsection (b), at the option of an eligible producer on a 
     farm, the Secretary shall waive paragraph (1)--
       ``(i) in the case of a portion of the total acreage of a 
     farm of the eligible producer that is not of economic 
     significance on the farm, as established by the Secretary; or
       ``(ii) in the case of a crop for which the administrative 
     fee required for the purchase of noninsured crop disaster 
     assistance coverage exceeds 10 percent of the value of that 
     coverage.
       ``(B) Treatment of acreage.--The Secretary shall not 
     consider the value of any crop exempted under subparagraph 
     (A) in calculating the supplemental revenue assistance 
     program guarantee under subsection (b)(3) and the total farm 
     revenue under subsection (b)(4).''.
       (6) Risk management purchase requirement waiver for 2009 
     crop year.--Section 531(g) of the Federal Crop Insurance Act 
     (7 U.S.C. 1531(g)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(other than subsection (c))'' and inserting ``(other than 
     subsections (c) and (d))''; and
       (ii) in subparagraph (A), by inserting ``, excluding 
     grazing land'' after ``producers on the farm'';
       (B) in paragraph (2), by striking ``grazed, planted,'' and 
     inserting ``planted'';
       (C) in paragraph (4), by striking ``(4)'' and all that 
     follows through ``In the case'' and inserting the following:
       ``(4) Waivers for certain crop years.--
       ``(A) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--In the case of an insurable 
     commodity or noninsurable commodity for the 2009 crop year 
     that does not meet the requirements of paragraph (1) and the 
     relevant crop insurance program sales closing date or 
     noninsured crop assistance program fee payment date was prior 
     to August 14, 2008, the Secretary shall waive paragraph (1) 
     if the eligible producer of the insurable commodity or 
     noninsurable commodity pays a fee in an amount equal to the 
     applicable noninsured crop assistance program fee or 
     catastrophic risk protection plan fee required under 
     paragraph (1) to the Secretary not later than 90 days after 
     the date of enactment of this subparagraph.''.
       (7) Payment limitations.--Section 531(h) of the Federal 
     Crop Insurance Act (7 U.S.C. 1531) is amended by adding at 
     the end the following:
       ``(5) Transition rule.--Sections 1001, 1001A, 1001B, and 
     1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
     seq.) as in effect on September 30, 2007, shall continue to 
     apply with respect to 2008 crops.''.
       (b) Trade Act of 1974.--
       (1) Definitions.--Section 901(a) of the Trade Act of 1974 
     (19 U.S.C. 2497(a)) is amended--
       (A) in paragraph (3)(B), by inserting ``has'' after ``on a 
     farm that'';
       (B) in paragraph (4), by striking ``section 1102 of the 
     Farm Security and Rural Investment Act of 2002'' and all that 
     follows through the end of the paragraph and inserting 
     ``under--
       ``(i) section 1102 or 1302 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7912, 7952);
       ``(ii) section 1102 or 1301(6) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or
       ``(iii) a successor section.'';
       (C) in paragraph (5)(B)(ii), by striking ``, the total 
     loss'' and all that follows through the end of the paragraph 
     and adding ``the actual production on the farm is less than 
     50 percent of the normal production on the farm.'';
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for sale or on-farm 
     livestock feeding (including native grassland intended for 
     haying)'' after ``harvest''; and
       (ii) in subparagraph (C), by inserting ``for sale'' after 
     ``crop'';
       (E) by redesignating paragraphs (2) through (4), (5) 
     through (12), and (13) through (18) as paragraphs (3) through 
     (5), (7) through (14), and (16) through (21), respectively;
       (F) by inserting after paragraph (1) the following:
       ``(2) Actual production on the farm.--The term `actual 
     production on the farm' means the sum of the value of all 
     crops produced on the farm, as determined under subsection 
     (b)(6)(B).'';
       (G) by inserting after paragraph (5) (as redesignated by 
     subparagraph (E)) the following:
       ``(6) Crop of economic significance.--The term `crop of 
     economic significance' shall have the uniform meaning given 
     the term by the Secretary for purposes of subsections 
     (b)(1)(B) and (g)(6).''; and
       (H) by inserting after paragraph (14) (as redesignated by 
     subparagraph (E)) the following:
       ``(15) Normal production on the farm.--The term `normal 
     production on the farm' means the sum of the expected revenue 
     for all crops on the farm, as determined under subsection 
     (b)(6)(A).''.
       (2) Supplemental revenue assistance payments.--Section 
     901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is 
     amended--
       (A) in paragraph (1)--
       (i) by striking ``(1) in general.--The Secretary'' and 
     inserting the following:
       ``(1) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--To be eligible for crop loss assistance 
     under this subsection, the actual production on the farm for 
     at least 1 crop of economic significance shall be reduced by 
     at least 10 percent due to disaster, adverse weather, or 
     disaster-related conditions.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Exclusion of subsequently planted crops.--In 
     calculating the disaster assistance program guarantee under 
     paragraph (3) and the total farm revenue under paragraph (4), 
     the Secretary shall not consider the value of any crop that--
       ``(i) is produced on land that is not eligible for a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) or assistance under the noninsured crop 
     assistance program; or
       ``(ii) is subsequently planted on the same land during the 
     same crop year as the crop for which disaster assistance is 
     provided under this subsection, except in areas in which 
     double-cropping is a normal practice, as determined by the 
     Secretary.'';
       (C) in paragraph (3)(A)(ii)(III)--
       (i) in the matter before item (aa), by inserting ``50 
     percent of'' before ``the higher of'';
       (ii) in item (aa), by striking ``guarantee'';
       (D) in paragraph (4)--
       (i) in subparagraph (A)(i)--

       (I) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) the actual production by crop on a farm for purposes 
     of determining losses under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) or the noninsured crop assistance 
     program; and''; and
       (II) by redesignating subclause (III) as subclause (II);

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) as the Secretary determines appropriate, to reflect 
     regional variations in a manner consistent with the operation 
     of the Federal crop insurance program under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop 
     assistance program.'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the sum obtained by adding'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each insurable commodity, the 
     product'';
       (II) in clause (i), by striking ``greatest'' and inserting 
     ``greater'';

[[Page 23035]]

       (III) in clause (iii), by striking ``of the insurance price 
     guarantee; and'' and inserting ``of the price election for 
     the commodity used to calculate an indemnity for an 
     applicable policy of insurance if an indemnity is triggered; 
     and''; and

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each noninsurable crop, the 
     product'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) by redesignating clause (ii) as clause (iii); and
       (IV) by inserting after clause (i) the following:

       ``(ii) the acreage planted or prevented from being planted 
     for each crop; and''; and
       (F) by adding at the end the following:
       ``(6) Production on the farm.--
       ``(A) Normal production on the farm.--The normal production 
     on the farm shall equal the sum of the expected revenue for 
     each crop on a farm as determined under paragraph (5).
       ``(B) Actual production on the farm.--The actual production 
     on the farm shall equal the sum obtained by adding--
       ``(i) for each insurable commodity on the farm, the product 
     obtained by multiplying--

       ``(I) 100 percent of the price election for the commodity 
     used to calculate an indemnity for an applicable policy of 
     insurance if an indemnity is triggered; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses; and

       ``(ii) for each noninsurable commodity on a farm, the 
     product obtained by multiplying--

       ``(I) 100 percent of the noninsured crop assistance program 
     established price for the commodity; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses.''.

       (3) Waiver for socially disadvantaged, limited resource, or 
     beginning farmer or rancher.--Section 901(d)(5)(B)(ii) of the 
     Trade Act of 1974 (19 U.S.C. 2497(d)(5)(B)(ii)) is amended by 
     striking ``section'' and inserting ``subsection''.
       (4) Tree assistance program.--Section 901(f)(2)(A) of the 
     Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by 
     striking ``the Secretary shall provide'' and inserting ``the 
     Secretary shall use such sums as are necessary from the Trust 
     Fund to provide''.
       (5) De minimis exception to risk management purchase 
     requirement.--Section 901(g) of the Trade Act of 1974 (19 
     U.S.C. 2497(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--For purposes of assistance under 
     subsection (b), at the option of an eligible producer on a 
     farm, the Secretary shall waive paragraph (1)--
       ``(i) in the case of a portion of the total acreage of a 
     farm of the eligible producer that is not of economic 
     significance on the farm, as established by the Secretary; or
       ``(ii) in the case of a crop for which the administrative 
     fee required for the purchase of noninsured crop disaster 
     assistance coverage exceeds 10 percent of the value of that 
     coverage.
       ``(B) Treatment of acreage.--The Secretary shall not 
     consider the value of any crop exempted under subparagraph 
     (A) in calculating the supplemental revenue assistance 
     program guarantee under subsection (b)(3) and the total farm 
     revenue under subsection (b)(4).''.
       (6) Risk management purchase requirement waiver for 2009 
     crop year.--Section 901(g) of the Trade Act of 1974 (19 
     U.S.C. 2497(g)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(other than subsection (c))'' and inserting ``(other than 
     subsections (c) and (d))''; and
       (ii) in subparagraph (A), by inserting ``, excluding 
     grazing land'' after ``producers on the farm'';
       (B) in paragraph (2), by striking ``grazed, planted,'' and 
     inserting ``planted'';
       (C) in paragraph (4), by striking ``(4)'' and all that 
     follows through ``In the case'' and inserting the following:
       ``(4) Waivers for certain crop years.--
       ``(A) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--In the case of an insurable 
     commodity or noninsurable commodity for the 2009 crop year 
     that does not meet the requirements of paragraph (1) and the 
     relevant crop insurance program sales closing date or 
     noninsured crop assistance program fee payment date was prior 
     to August 14, 2008, the Secretary shall waive paragraph (1) 
     if the eligible producer of the insurable commodity or 
     noninsurable commodity pays a fee in an amount equal to the 
     applicable noninsured crop assistance program fee or 
     catastrophic risk protection plan fee required under 
     paragraph (1) to the Secretary not later than 90 days after 
     the date of enactment of this subparagraph.''.
       (7) Payment limitations.--Section 901(h) of the Trade Act 
     of 1974 (19 U.S.C. 2497(h)) is amended by adding at the end 
     the following:
       ``(5) Transition rule.--Sections 1001, 1001A, 1001B, and 
     1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
     seq.) as in effect on September 30, 2007, shall continue to 
     apply with respect to 2008 crops.''.
                                 ______
                                 
  SA 5680. Mr. COBURN submitted an amendment to be proposed by him to 
the House amendment to the Senate amendment to H.R. 2095, to amend 
title 49, United States Code, to prevent railroad fatalities, injuries, 
and hazardous materials releases, to authorize the Federal Railroad 
Safety Administration, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place in the House amendment, insert the 
     following:

     SEC. __. FOOD AND BEVERAGE SERVICES.

       The National Railroad Passenger Corporation (referred to in 
     this section as ``Amtrak'') may not provide food and beverage 
     services on any rail line operated by Amtrak if the cost of 
     such services exceeds the price charged for such services.
                                 ______
                                 
  SA 5681. Mr. COBURN submitted an amendment to be proposed by him to 
the House amendment to the Senate amendment to H.R. 2095, to amend 
title 49, United States Code, to prevent railroad fatalities, injuries, 
and hazardous materials releases, to authorize the Federal Railroad 
Safety Administration, and for other purposes; which was ordered to lie 
on the table; as follows:

       In the House amendment, strike title VI and insert the 
     following:

TITLE VI--AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE PROJECTS 
           FOR WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

     SEC. __. AUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
                   PROJECTS FOR WASHINGTON METROPOLITAN AREA 
                   TRANSIT AUTHORITY.

       (a) Authorization.--
       (1) In general.--The States of Maryland and Virginia and 
     the District of Columbia may expend Federal transportation 
     grants, including any funds earmarked for Congressionally 
     directed spending, 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.
       (2) Definitions.--In this section--
       (A) the term `Transit Authority' means the Washington 
     Metropolitan Area Transit Authority established under Article 
     III of the Compact; and
       (B) the term `Compact' means the Washington Metropolitan 
     Area Transit Authority Compact (80 Stat. 1324; Public Law 89-
     774).
       (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).
       (2) Federal funding shall be no more than 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.
                                 ______
                                 
  SA 5682. Mr. COBURN submitted an amendment intended to be proposed by 
him to the House amendment to the Senate amendment to H.R. 2095, to 
amend title 49, United States Code, to prevent railroad fatalities, 
injuries, and hazardous materials releases, to authorize the Federal 
Railroad Safety Administration, and for other purposes; which was 
ordered to lie on the table; as follows:

       In the House amendment, strike title VI.

                          ____________________




               NOTICES OF INTENT TO OBJECT TO PROCEEDING

  Mr. KERRY, pursuant to the provisions of section 512 of Public Law 
110-81, submitted his notice of intent to object to proceed to consider 
the resolution (S. Res. 626), expressing the sense of the Senate that 
the Supreme Court of the United States erroneously decided Kennedy v. 
Louisiana, No. 07-343 (2008), and that the eighth amendment to the 
Constitution of the United States allows the imposition of the death 
penalty for the rape of a child, dated July 25, 2008, for the following 
reasons:
  The Supreme Court has already shown its intention to revisit the 
Kennedy v. Louisiana decision. The Court has petitioned the parties in 
the case, as well as the United States Solicitor General, to submit 
supplemental briefs in response to the standing Petition for Rehearing. 
Due to these pending proceedings I believe the United States

[[Page 23036]]

Senate should not take action at this time as it would be 
inappropriately premature.
  Mr. GRASSLEY, pursuant to the provisions of section 512 of Public Law 
110-81, submitted his notice of intent to object to proceed to consider 
the bill (H.R. 7083) to amend the Internal Revenue Code of 1986 to 
enhance charitable giving and improve disclosure and tax 
administration, dated September 26, 2008, for the following reasons:
  I wrote a series of charitable reforms that became law in the Pension 
Protection Act of 2006. The reforms grew out of my oversight of tax-
exempt organizations and laws, which had not been updated substantially 
since 1969. This legislation would unwind some of the 2006 reforms as 
they apply to certain supporting organizations.
  Private foundations and supporting organizations enjoy tax-exempt 
status on their money. In exchange for that special status, they have 
to comply with a few requirements. One is that they pay out 5 percent 
of their assets each year. This pay-out requirement is meant to make 
sure the organization offers some public benefit in exchange for tax 
exemption and doesn't exist simply to invest its money and pay a staff 
and a board of directors--often family members--in perpetuity. Another 
requirement is that private foundations and certain supporting 
organizations are subject to a tax on excess business holdings. In 
general, the tax applies to substantial interests these organizations 
may hold in corporations and other businesses. The tax is designed to 
make sure tax-exempt organizations don't shelter oil refineries and 
yacht clubs from paying taxes.
  A handful of organizations argue that these requirements are onerous 
or that they should be exempt because they were created before 1969. 
There may be legitimate reasons to look at some of these issues, but 
this legislation as written is much too broad. Thousands of 
organizations could be carved out of the payout requirement and 
business holdings prohibition. The bill would unwind regulations 
implementing the 2006 reforms before the regulations are even finished. 
It contains several provisions that need much more study before being 
enacted. For all of these reasons, the legislation needs more work.

                          ____________________




                        PRIVILEGES OF THE FLOOR

  Mr. WARNER. Mr. President, I ask unanimous consent that T.J. Kim, a 
fellow of the Environment and Public Works Committee, be granted floor 
privileges.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. WARNER. I ask unanimous consent that Kory Sylvester, a member of 
Senator Domenici's appropriations staff, have floor privileges today.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




             RENEWABLE ENERGY AND JOB CREATION ACT OF 2008

  On Tuesday, September 23, 2008, the Senate passed H.R. 6049, as 
amended, as follows:

                               H.R. 6049

       Resolved, That the bill from the House of Representatives 
     (H.R. 6049) entitled ``An Act to amend the Internal Revenue 
     Code of 1986 to provide incentives for energy production and 
     conservation, to extend certain expiring provisions, to 
     provide individual income tax relief, and for other 
     purposes.'', do pass with the following amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE, ETC.

       (a) Short Title.--This Act may be cited as the ``Energy 
     Improvement and Extension Act of 2008''.
       (b) Reference.--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 for this Act 
     is as follows:
Sec. 1. Short title, etc.

                 TITLE I--ENERGY PRODUCTION INCENTIVES

                Subtitle A--Renewable Energy Incentives

Sec. 101. Renewable energy credit.
Sec. 102. Production credit for electricity produced from marine 
              renewables.
Sec. 103. Energy credit.
Sec. 104. Energy credit for small wind property.
Sec. 105. Energy credit for geothermal heat pump systems.
Sec. 106. Credit for residential energy efficient property.
Sec. 107. New clean renewable energy bonds.
Sec. 108. Credit for steel industry fuel.
Sec. 109. Special rule to implement FERC and State electric 
              restructuring policy.

           Subtitle B--Carbon Mitigation and Coal Provisions

Sec. 111. Expansion and modification of advanced coal project 
              investment credit.
Sec. 112. Expansion and modification of coal gasification investment 
              credit.
Sec. 113. Temporary increase in coal excise tax; funding of Black Lung 
              Disability Trust Fund.
Sec. 114. Special rules for refund of the coal excise tax to certain 
              coal producers and exporters.
Sec. 115. Tax credit for carbon dioxide sequestration.
Sec. 116. Certain income and gains relating to industrial source carbon 
              dioxide treated as qualifying income for publicly traded 
              partnerships.
Sec. 117. Carbon audit of the tax code.

     TITLE II--TRANSPORTATION AND DOMESTIC FUEL SECURITY PROVISIONS

Sec. 201. Inclusion of cellulosic biofuel in bonus depreciation for 
              biomass ethanol plant property.
Sec. 202. Credits for biodiesel and renewable diesel.
Sec. 203. Clarification that credits for fuel are designed to provide 
              an incentive for United States production.
Sec. 204. Extension and modification of alternative fuel credit.
Sec. 205. Credit for new qualified plug-in electric drive motor 
              vehicles.
Sec. 206. Exclusion from heavy truck tax for idling reduction units and 
              advanced insulation.
Sec. 207. Alternative fuel vehicle refueling property credit.
Sec. 208. Certain income and gains relating to alcohol fuels and 
              mixtures, biodiesel fuels and mixtures, and alternative 
              fuels and mixtures treated as qualifying income for 
              publicly traded partnerships.
Sec. 209. Extension and modification of election to expense certain 
              refineries.
Sec. 210. Extension of suspension of taxable income limit on percentage 
              depletion for oil and natural gas produced from marginal 
              properties.
Sec. 211. Transportation fringe benefit to bicycle commuters.

        TITLE III--ENERGY CONSERVATION AND EFFICIENCY PROVISIONS

Sec. 301. Qualified energy conservation bonds.
Sec. 302. Credit for nonbusiness energy property.
Sec. 303. Energy efficient commercial buildings deduction.
Sec. 304. New energy efficient home credit.
Sec. 305. Modifications of energy efficient appliance credit for 
              appliances produced after 2007.
Sec. 306. Accelerated recovery period for depreciation of smart meters 
              and smart grid systems.
Sec. 307. Qualified green building and sustainable design projects.
Sec. 308. Special depreciation allowance for certain reuse and 
              recycling property.

                      TITLE IV--REVENUE PROVISIONS

Sec. 401. Limitation of deduction for income attributable to domestic 
              production of oil, gas, or primary products thereof.
Sec. 402. Elimination of the different treatment of foreign oil and gas 
              extraction income and foreign oil related income for 
              purposes of the foreign tax credit.
Sec. 403. Broker reporting of customer's basis in securities 
              transactions.
Sec. 404. 0.2 percent FUTA surtax.
Sec. 405. Increase and extension of Oil Spill Liability Trust Fund tax.

                 TITLE I--ENERGY PRODUCTION INCENTIVES

                Subtitle A--Renewable Energy Incentives

     SEC. 101. RENEWABLE ENERGY CREDIT.

       (a) Extension of Credit.--
       (1) 1-year extension for wind and refined coal 
     facilities.--Paragraphs (1) and (8) of section 45(d) are each 
     amended by striking ``January 1, 2009'' and inserting 
     ``January 1, 2010''.
       (2) 2-year extension for certain other facilities.--Each of 
     the following provisions of section 45(d) is amended by 
     striking ``January 1, 2009'' and inserting ``January 1, 
     2011'':
       (A) Clauses (i) and (ii) of paragraph (2)(A).
       (B) Clauses (i)(I) and (ii) of paragraph (3)(A).
       (C) Paragraph (4).
       (D) Paragraph (5).
       (E) Paragraph (6).
       (F) Paragraph (7).
       (G) Subparagraphs (A) and (B) of paragraph (9).
       (b) Modification of Refined Coal as a Qualified Energy 
     Resource.--
       (1) Elimination of increased market value test.--Section 
     45(c)(7)(A)(i) (defining refined coal), as amended by section 
     108, is amended--
       (A) by striking subclause (IV),
       (B) by adding ``and'' at the end of subclause (II), and

[[Page 23037]]

       (C) by striking ``, and'' at the end of subclause (III) and 
     inserting a period.
       (2) Increase in required emission reduction.--Section 
     45(c)(7)(B) (defining qualified emission reduction) is 
     amended by inserting ``at least 40 percent of the emissions 
     of'' after ``nitrogen oxide and''.
       (c) Trash Facility Clarification.--Paragraph (7) of section 
     45(d) is amended--
       (1) by striking ``facility which burns'' and inserting 
     ``facility (other than a facility described in paragraph (6)) 
     which uses'', and
       (2) by striking ``combustion''.
       (d) Expansion of Biomass Facilities.--
       (1) Open-loop biomass facilities.--Paragraph (3) of section 
     45(d) is amended by redesignating subparagraph (B) as 
     subparagraph (C) and by inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Expansion of facility.--Such term shall include a new 
     unit placed in service after the date of the enactment of 
     this subparagraph in connection with a facility described in 
     subparagraph (A), but only to the extent of the increased 
     amount of electricity produced at the facility by reason of 
     such new unit.''.
       (2) Closed-loop biomass facilities.--Paragraph (2) of 
     section 45(d) is amended by redesignating subparagraph (B) as 
     subparagraph (C) and inserting after subparagraph (A) the 
     following new subparagraph:
       ``(B) Expansion of facility.--Such term shall include a new 
     unit placed in service after the date of the enactment of 
     this subparagraph in connection with a facility described in 
     subparagraph (A)(i), but only to the extent of the increased 
     amount of electricity produced at the facility by reason of 
     such new unit.''.
       (e) Modification of Rules for Hydropower Production.--
     Subparagraph (C) of section 45(c)(8) is amended to read as 
     follows:
       ``(C) Nonhydroelectric dam.--For purposes of subparagraph 
     (A), a facility is described in this subparagraph if--
       ``(i) the hydroelectric project installed on the 
     nonhydroelectric dam is licensed by the Federal Energy 
     Regulatory Commission and meets all other applicable 
     environmental, licensing, and regulatory requirements,
       ``(ii) the nonhydroelectric dam was placed in service 
     before the date of the enactment of this paragraph and 
     operated for flood control, navigation, or water supply 
     purposes and did not produce hydroelectric power on the date 
     of the enactment of this paragraph, and
       ``(iii) the hydroelectric project is operated so that the 
     water surface elevation at any given location and time that 
     would have occurred in the absence of the hydroelectric 
     project is maintained, subject to any license requirements 
     imposed under applicable law that change the water surface 
     elevation for the purpose of improving environmental quality 
     of the affected waterway.

     The Secretary, in consultation with the Federal Energy 
     Regulatory Commission, shall certify if a hydroelectric 
     project licensed at a nonhydroelectric dam meets the criteria 
     in clause (iii). Nothing in this section shall affect the 
     standards under which the Federal Energy Regulatory 
     Commission issues licenses for and regulates hydropower 
     projects under part I of the Federal Power Act.''.
       (f) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to property originally placed in service after December 31, 
     2008.
       (2) Refined coal.--The amendments made by subsection (b) 
     shall apply to coal produced and sold from facilities placed 
     in service after December 31, 2008.
       (3) Trash facility clarification.--The amendments made by 
     subsection (c) shall apply to electricity produced and sold 
     after the date of the enactment of this Act.
       (4) Expansion of biomass facilities.--The amendments made 
     by subsection (d) shall apply to property placed in service 
     after the date of the enactment of this Act.

     SEC. 102. PRODUCTION CREDIT FOR ELECTRICITY PRODUCED FROM 
                   MARINE RENEWABLES.

       (a) In General.--Paragraph (1) of section 45(c) is amended 
     by striking ``and'' at the end of subparagraph (G), by 
     striking the period at the end of subparagraph (H) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(I) marine and hydrokinetic renewable energy.''.
       (b) Marine Renewables.--Subsection (c) of section 45 is 
     amended by adding at the end the following new paragraph:
       ``(10) Marine and hydrokinetic renewable energy.--
       ``(A) In general.--The term `marine and hydrokinetic 
     renewable energy' means energy derived from--
       ``(i) waves, tides, and currents in oceans, estuaries, and 
     tidal areas,
       ``(ii) free flowing water in rivers, lakes, and streams,
       ``(iii) free flowing water in an irrigation system, canal, 
     or other man-made channel, including projects that utilize 
     nonmechanical structures to accelerate the flow of water for 
     electric power production purposes, or
       ``(iv) differentials in ocean temperature (ocean thermal 
     energy conversion).
       ``(B) Exceptions.--Such term shall not include any energy 
     which is derived from any source which utilizes a dam, 
     diversionary structure (except as provided in subparagraph 
     (A)(iii)), or impoundment for electric power production 
     purposes.''.
       (c) Definition of Facility.--Subsection (d) of section 45 
     is amended by adding at the end the following new paragraph:
       ``(11) Marine and hydrokinetic renewable energy 
     facilities.--In the case of a facility producing electricity 
     from marine and hydrokinetic renewable energy, the term 
     `qualified facility' means any facility owned by the 
     taxpayer--
       ``(A) which has a nameplate capacity rating of at least 150 
     kilowatts, and
       ``(B) which is originally placed in service on or after the 
     date of the enactment of this paragraph and before January 1, 
     2012.''.
       (d) Credit Rate.--Subparagraph (A) of section 45(b)(4) is 
     amended by striking ``or (9)'' and inserting ``(9), or 
     (11)''.
       (e) Coordination With Small Irrigation Power.--Paragraph 
     (5) of section 45(d), as amended by section 101, is amended 
     by striking ``January 1, 2012'' and inserting ``the date of 
     the enactment of paragraph (11)''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act, in taxable years ending after 
     such date.

     SEC. 103. ENERGY CREDIT.

       (a) Extension of Credit.--
       (1) Solar energy property.--Paragraphs (2)(A)(i)(II) and 
     (3)(A)(ii) of section 48(a) are each amended by striking 
     ``January 1, 2009'' and inserting ``January 1, 2017''.
       (2) Fuel cell property.--Subparagraph (E) of section 
     48(c)(1) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2016''.
       (3) Microturbine property.--Subparagraph (E) of section 
     48(c)(2) is amended by striking ``December 31, 2008'' and 
     inserting ``December 31, 2016''.
       (b) Allowance of Energy Credit Against Alternative Minimum 
     Tax.--
       (1) In general.--Subparagraph (B) of section 38(c)(4), as 
     amended by the Housing Assistance Tax Act of 2008, is amended 
     by redesignating clause (vi) as clause (vi) and (vii), 
     respectively, and by inserting after clause (iv) the 
     following new clause:
       ``(v) the credit determined under section 46 to the extent 
     that such credit is attributable to the energy credit 
     determined under section 48,''.
       (2) Technical amendment.--Clause (vi) of section 
     38(c)(4)(B), as redesignated by paragraph (1), is amended by 
     striking ``section 47 to the extent attributable to'' and 
     inserting ``section 46 to the extent that such credit is 
     attributable to the rehabilitation credit under section 47, 
     but only with respect to''.
       (c) Energy Credit for Combined Heat and Power System 
     Property.--
       (1) In general.--Section 48(a)(3)(A) is amended by striking 
     ``or'' at the end of clause (iii), by inserting ``or'' at the 
     end of clause (iv), and by adding at the end the following 
     new clause:
       ``(v) combined heat and power system property,''.
       (2) Combined heat and power system property.--Subsection 
     (c) of section 48 is amended--
       (A) by striking ``Qualified Fuel Cell Property; Qualified 
     Microturbine Property'' in the heading and inserting 
     ``Definitions'', and
       (B) by adding at the end the following new paragraph:
       ``(3) Combined heat and power system property.--
       ``(A) Combined heat and power system property.--The term 
     `combined heat and power system property' means property 
     comprising a system--
       ``(i) which uses the same energy source for the 
     simultaneous or sequential generation of electrical power, 
     mechanical shaft power, or both, in combination with the 
     generation of steam or other forms of useful thermal energy 
     (including heating and cooling applications),
       ``(ii) which produces--

       ``(I) at least 20 percent of its total useful energy in the 
     form of thermal energy which is not used to produce 
     electrical or mechanical power (or combination thereof), and
       ``(II) at least 20 percent of its total useful energy in 
     the form of electrical or mechanical power (or combination 
     thereof),

       ``(iii) the energy efficiency percentage of which exceeds 
     60 percent, and
       ``(iv) which is placed in service before January 1, 2017.
       ``(B) Limitation.--
       ``(i) In general.--In the case of combined heat and power 
     system property with an electrical capacity in excess of the 
     applicable capacity placed in service during the taxable 
     year, the credit under subsection (a)(1) (determined without 
     regard to this paragraph) for such year shall be equal to the 
     amount which bears the same ratio to such credit as the 
     applicable capacity bears to the capacity of such property.
       ``(ii) Applicable capacity.--For purposes of clause (i), 
     the term `applicable capacity' means 15 megawatts or a 
     mechanical energy capacity of more than 20,000 horsepower or 
     an equivalent combination of electrical and mechanical energy 
     capacities.
       ``(iii) Maximum capacity.--The term `combined heat and 
     power system property' shall not include any property 
     comprising a system if such system has a capacity in excess 
     of 50 megawatts or a mechanical energy capacity in excess of 
     67,000 horsepower or an equivalent combination of electrical 
     and mechanical energy capacities.
       ``(C) Special rules.--
       ``(i) Energy efficiency percentage.--For purposes of this 
     paragraph, the energy efficiency percentage of a system is 
     the fraction--

       ``(I) the numerator of which is the total useful 
     electrical, thermal, and mechanical power produced by the 
     system at normal operating rates,

[[Page 23038]]

     and expected to be consumed in its normal application, and
       ``(II) the denominator of which is the lower heating value 
     of the fuel sources for the system.

       ``(ii) Determinations made on btu basis.--The energy 
     efficiency percentage and the percentages under subparagraph 
     (A)(ii) shall be determined on a Btu basis.
       ``(iii) Input and output property not included.--The term 
     `combined heat and power system property' does not include 
     property used to transport the energy source to the facility 
     or to distribute energy produced by the facility.
       ``(D) Systems using biomass.--If a system is designed to 
     use biomass (within the meaning of paragraphs (2) and (3) of 
     section 45(c) without regard to the last sentence of 
     paragraph (3)(A)) for at least 90 percent of the energy 
     source--
       ``(i) subparagraph (A)(iii) shall not apply, but
       ``(ii) the amount of credit determined under subsection (a) 
     with respect to such system shall not exceed the amount which 
     bears the same ratio to such amount of credit (determined 
     without regard to this subparagraph) as the energy efficiency 
     percentage of such system bears to 60 percent.''.
       (3) Conforming amendment.--Section 48(a)(1) is amended by 
     striking ``paragraphs (1)(B) and (2)(B)'' and inserting 
     ``paragraphs (1)(B), (2)(B), and (3)(B)''.
       (d) Increase of Credit Limitation for Fuel Cell Property.--
     Subparagraph (B) of section 48(c)(1) is amended by striking 
     ``$500'' and inserting ``$1,500''.
       (e) Public Utility Property Taken Into Account.--
       (1) In general.--Paragraph (3) of section 48(a) is amended 
     by striking the second sentence thereof.
       (2) Conforming amendments.--
       (A) Paragraph (1) of section 48(c) is amended by striking 
     subparagraph (D) and redesignating subparagraph (E) as 
     subparagraph (D).
       (B) Paragraph (2) of section 48(c) is amended by striking 
     subparagraph (D) and redesignating subparagraph (E) as 
     subparagraph (D).
       (f) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on the date of the enactment of this Act.
       (2) Allowance against alternative minimum tax.--The 
     amendments made by subsection (b) shall apply to credits 
     determined under section 46 of the Internal Revenue Code of 
     1986 in taxable years beginning after the date of the 
     enactment of this Act and to carrybacks of such credits.
       (3) Combined heat and power and fuel cell property.--The 
     amendments made by subsections (c) and (d) shall apply to 
     periods after the date of the enactment of this Act, in 
     taxable years ending after such date, under rules similar to 
     the rules of section 48(m) of the Internal Revenue Code of 
     1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).
       (4)  Public utility property.--The amendments made by 
     subsection (e) shall apply to periods after February 13, 
     2008, in taxable years ending after such date, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 104. ENERGY CREDIT FOR SMALL WIND PROPERTY.

       (a) In General.--Section 48(a)(3)(A), as amended by section 
     103, is amended by striking ``or'' at the end of clause (iv), 
     by adding ``or'' at the end of clause (v), and by inserting 
     after clause (v) the following new clause:
       ``(vi) qualified small wind energy property,''.
       (b) 30 Percent Credit.--Section 48(a)(2)(A)(i) is amended 
     by striking ``and'' at the end of subclause (II) and by 
     inserting after subclause (III) the following new subclause:

       ``(IV) qualified small wind energy property, and''.

       (c) Qualified Small Wind Energy Property.--Section 48(c), 
     as amended by section 103, is amended by adding at the end 
     the following new paragraph:
       ``(4) Qualified small wind energy property.--
       ``(A) In general.--The term `qualified small wind energy 
     property' means property which uses a qualifying small wind 
     turbine to generate electricity.
       ``(B) Limitation.--In the case of qualified small wind 
     energy property placed in service during the taxable year, 
     the credit otherwise determined under subsection (a)(1) for 
     such year with respect to all such property of the taxpayer 
     shall not exceed $4,000.
       ``(C) Qualifying small wind turbine.--The term `qualifying 
     small wind turbine' means a wind turbine which has a 
     nameplate capacity of not more than 100 kilowatts.
       ``(D) Termination.--The term `qualified small wind energy 
     property' shall not include any property for any period after 
     December 31, 2016.''.
       (d) Conforming Amendment.--Section 48(a)(1), as amended by 
     section 103, is amended by striking ``paragraphs (1)(B), 
     (2)(B), and (3)(B)'' and inserting ``paragraphs (1)(B), 
     (2)(B), (3)(B), and (4)(B)''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, in taxable years ending after such date, under 
     rules similar to the rules of section 48(m) of the Internal 
     Revenue Code of 1986 (as in effect on the day before the date 
     of the enactment of the Revenue Reconciliation Act of 1990).

     SEC. 105. ENERGY CREDIT FOR GEOTHERMAL HEAT PUMP SYSTEMS.

       (a) In General.--Subparagraph (A) of section 48(a)(3), as 
     amended by this Act, is amended by striking ``or'' at the end 
     of clause (v), by inserting ``or'' at the end of clause (vi), 
     and by adding at the end the following new clause:
       ``(vii) equipment which uses the ground or ground water as 
     a thermal energy source to heat a structure or as a thermal 
     energy sink to cool a structure, but only with respect to 
     periods ending before January 1, 2017,''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, in taxable years ending after such date, under 
     rules similar to the rules of section 48(m) of the Internal 
     Revenue Code of 1986 (as in effect on the day before the date 
     of the enactment of the Revenue Reconciliation Act of 1990).

     SEC. 106. CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY.

       (a) Extension.--Section 25D(g) is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2016''.
       (b) Removal of Limitation for Solar Electric Property.--
       (1) In general.--Section 25D(b)(1), as amended by 
     subsections (c) and (d), is amended--
       (A) by striking subparagraph (A), and
       (B) by redesignating subparagraphs (B) through (E) as 
     subparagraphs (A) through and (D), respectively.
       (2) Conforming amendment.--Section 25D(e)(4)(A), as amended 
     by subsections (c) and (d), is amended--
       (A) by striking clause (i), and
       (B) by redesignating clauses (ii) through (v) as clauses 
     (i) and (iv), respectively.
       (c) Credit for Residential Wind Property.--
       (1) In general.--Section 25D(a) is amended by striking 
     ``and'' at the end of paragraph (2), by striking the period 
     at the end of paragraph (3) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(4) 30 percent of the qualified small wind energy 
     property expenditures made by the taxpayer during such 
     year.''.
       (2) Limitation.--Section 25D(b)(1) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) $500 with respect to each half kilowatt of capacity 
     (not to exceed $4,000) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       (3) Qualified small wind energy property expenditures.--
       (A) In general.--Section 25D(d) is amended by adding at the 
     end the following new paragraph:
       ``(4) Qualified small wind energy property expenditure.--
     The term `qualified small wind energy property expenditure' 
     means an expenditure for property which uses a wind turbine 
     to generate electricity for use in connection with a dwelling 
     unit located in the United States and used as a residence by 
     the taxpayer.''.
       (B) No double benefit.--Section 45(d)(1) is amended by 
     adding at the end the following new sentence: ``Such term 
     shall not include any facility with respect to which any 
     qualified small wind energy property expenditure (as defined 
     in subsection (d)(4) of section 25D) is taken into account in 
     determining the credit under such section.''.
       (4) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A) is amended by striking ``and'' at the 
     end of clause (ii), by striking the period at the end of 
     clause (iii) and inserting ``, and'', and by adding at the 
     end the following new clause:
       ``(iv) $1,667 in the case of each half kilowatt of capacity 
     (not to exceed $13,333) of wind turbines for which qualified 
     small wind energy property expenditures are made.''.
       (d) Credit for Geothermal Heat pump Systems.--
       (1) In general.--Section 25D(a), as amended by subsection 
     (c), is amended by striking ``and'' at the end of paragraph 
     (3), by striking the period at the end of paragraph (4) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(5) 30 percent of the qualified geothermal heat pump 
     property expenditures made by the taxpayer during such 
     year.''.
       (2) Limitation.--Section 25D(b)(1), as amended by 
     subsection (c), is amended by striking ``and'' at the end of 
     subparagraph (C), by striking the period at the end of 
     subparagraph (D) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(E) $2,000 with respect to any qualified geothermal heat 
     pump property expenditures.''.
       (3) Qualified geothermal heat pump property expenditure.--
     Section 25D(d), as amended by subsection (c), is amended by 
     adding at the end the following new paragraph:
       ``(5) Qualified geothermal heat pump property 
     expenditure.--
       ``(A) In general.--The term `qualified geothermal heat pump 
     property expenditure' means an expenditure for qualified 
     geothermal heat pump property installed on or in connection 
     with a dwelling unit located in the United States and used as 
     a residence by the taxpayer.
       ``(B) Qualified geothermal heat pump property.--The term 
     `qualified geothermal heat pump property' means any equipment 
     which--
       ``(i) uses the ground or ground water as a thermal energy 
     source to heat the dwelling unit referred to in subparagraph 
     (A) or as a thermal energy sink to cool such dwelling unit, 
     and

[[Page 23039]]

       ``(ii) meets the requirements of the Energy Star program 
     which are in effect at the time that the expenditure for such 
     equipment is made.''.
       (4) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A), as amended by subsection (c), is 
     amended by striking ``and'' at the end of clause (iii), by 
     striking the period at the end of clause (iv) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(v) $6,667 in the case of any qualified geothermal heat 
     pump property expenditures.''.
       (e) Credit Allowed Against Alternative Minimum Tax.--
       (1) In general.--Subsection (c) of section 25D is amended 
     to read as follows:
       ``(c) Limitation Based on Amount of Tax; Carryforward of 
     Unused Credit.--
       ``(1) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for the taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) and section 27 for the taxable 
     year.
       ``(2) Carryforward of unused credit.--
       ``(A) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) exceeds the limitation 
     imposed by section 26(a)(2) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section), such excess shall be carried to the 
     succeeding taxable year and added to the credit allowable 
     under subsection (a) for such succeeding taxable year.
       ``(B) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such succeeding 
     taxable year.''.
       (2) Conforming amendments.--
       (A) Section 23(b)(4)(B) is amended by inserting ``and 
     section 25D'' after ``this section''.
       (B) Section 24(b)(3)(B) is amended by striking ``and 25B'' 
     and inserting ``, 25B, and 25D''.
       (C) Section 25B(g)(2) is amended by striking ``section 23'' 
     and inserting ``sections 23 and 25D''.
       (D) Section 26(a)(1) is amended by striking ``and 25B'' and 
     inserting ``25B, and 25D''.
       (f) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2007.
       (2) Solar electric property limitation.--The amendments 
     made by subsection (b) shall apply to taxable years beginning 
     after December 31, 2008.
       (3) Application of egtrra sunset.--The amendments made by 
     subparagraphs (A) and (B) of subsection (e)(2) shall be 
     subject to title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 in the same manner as the 
     provisions of such Act to which such amendments relate.

     SEC. 107. NEW CLEAN RENEWABLE ENERGY BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 54C. NEW CLEAN RENEWABLE ENERGY BONDS.

       ``(a) New Clean Renewable Energy Bond.--For purposes of 
     this subpart, the term `new clean renewable energy bond' 
     means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for capital expenditures incurred by 
     governmental bodies, public power providers, or cooperative 
     electric companies for one or more qualified renewable energy 
     facilities,
       ``(2) the bond is issued by a qualified issuer, and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Reduced Credit Amount.--The annual credit determined 
     under section 54A(b) with respect to any new clean renewable 
     energy bond shall be 70 percent of the amount so determined 
     without regard to this subsection.
       ``(c) Limitation on Amount of Bonds Designated.--
       ``(1) In general.--The maximum aggregate face amount of 
     bonds which may be designated under subsection (a) by any 
     issuer shall not exceed the limitation amount allocated under 
     this subsection to such issuer.
       ``(2) National limitation on amount of bonds designated.--
     There is a national new clean renewable energy bond 
     limitation of $800,000,000 which shall be allocated by the 
     Secretary as provided in paragraph (3), except that--
       ``(A) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of public power providers,
       ``(B) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of governmental bodies, and
       ``(C) not more than 33\1/3\ percent thereof may be 
     allocated to qualified projects of cooperative electric 
     companies.
       ``(3) Method of allocation.--
       ``(A) Allocation among public power providers.--After the 
     Secretary determines the qualified projects of public power 
     providers which are appropriate for receiving an allocation 
     of the national new clean renewable energy bond limitation, 
     the Secretary shall, to the maximum extent practicable, make 
     allocations among such projects in such manner that the 
     amount allocated to each such project bears the same ratio to 
     the cost of such project as the limitation under paragraph 
     (2)(A) bears to the cost of all such projects.
       ``(B) Allocation among governmental bodies and cooperative 
     electric companies.--The Secretary shall make allocations of 
     the amount of the national new clean renewable energy bond 
     limitation described in paragraphs (2)(B) and (2)(C) among 
     qualified projects of governmental bodies and cooperative 
     electric companies, respectively, in such manner as the 
     Secretary determines appropriate.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified renewable energy facility.--The term 
     `qualified renewable energy facility' means a qualified 
     facility (as determined under section 45(d) without regard to 
     paragraphs (8) and (10) thereof and to any placed in service 
     date) owned by a public power provider, a governmental body, 
     or a cooperative electric company.
       ``(2) Public power provider.--The term `public power 
     provider' means a State utility with a service obligation, as 
     such terms are defined in section 217 of the Federal Power 
     Act (as in effect on the date of the enactment of this 
     paragraph).
       ``(3) Governmental body.--The term `governmental body' 
     means any State or Indian tribal government, or any political 
     subdivision thereof.
       ``(4) Cooperative electric company.--The term `cooperative 
     electric company' means a mutual or cooperative electric 
     company described in section 501(c)(12) or section 
     1381(a)(2)(C).
       ``(5) Clean renewable energy bond lender.--The term `clean 
     renewable energy bond lender' means a lender which is a 
     cooperative which is owned by, or has outstanding loans to, 
     100 or more cooperative electric companies and is in 
     existence on February 1, 2002, and shall include any 
     affiliated entity which is controlled by such lender.
       ``(6) Qualified issuer.--The term `qualified issuer' means 
     a public power provider, a cooperative electric company, a 
     governmental body, a clean renewable energy bond lender, or a 
     not-for-profit electric utility which has received a loan or 
     loan guarantee under the Rural Electrification Act.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) is amended to read as 
     follows:
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond, or
       ``(B) a new clean renewable energy bond,
     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2) is amended to 
     read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e), and
       ``(ii) in the case of a new clean renewable energy bond, a 
     purpose specified in section 54C(a)(1).''.
       (3) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 54C. Qualified clean renewable energy bonds.''.

       (c) Extension for Clean Renewable Energy Bonds.--Subsection 
     (m) of section 54 is amended by striking ``December 31, 
     2008'' and inserting ``December 31, 2009''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 108. CREDIT FOR STEEL INDUSTRY FUEL.

       (a) Treatment as Refined Coal.--
       (1) In general.--Subparagraph (A) of section 45(c)(7) of 
     the Internal Revenue Code of 1986 (relating to refined coal), 
     as amended by this Act, is amended to read as follows:
       ``(A) In general.--The term `refined coal' means a fuel--
       ``(i) which--

       ``(I) is a liquid, gaseous, or solid fuel produced from 
     coal (including lignite) or high carbon fly ash, including 
     such fuel used as a feedstock,
       ``(II) is sold by the taxpayer with the reasonable 
     expectation that it will be used for purpose of producing 
     steam,
       ``(III) is certified by the taxpayer as resulting (when 
     used in the production of steam) in a qualified emission 
     reduction, and
       ``(IV) is produced in such a manner as to result in an 
     increase of at least 50 percent in the market value of the 
     refined coal (excluding any increase caused by materials 
     combined or added during the production process), as compared 
     to the value of the feedstock coal, or

       ``(ii) which is steel industry fuel.''.
       (2) Steel industry fuel defined.--Paragraph (7) of section 
     45(c) of such Code is amended by adding at the end the 
     following new subparagraph:
       ``(C) Steel industry fuel.--
       ``(i) In general.--The term `steel industry fuel' means a 
     fuel which--

       ``(I) is produced through a process of liquifying coal 
     waste sludge and distributing it on coal, and
       ``(II) is used as a feedstock for the manufacture of coke.

[[Page 23040]]

       ``(ii) Coal waste sludge.--The term `coal waste sludge' 
     means the tar decanter sludge and related byproducts of the 
     coking process, including such materials that have been 
     stored in ground, in tanks and in lagoons, that have been 
     treated as hazardous wastes under applicable Federal 
     environmental rules absent liquefaction and processing with 
     coal into a feedstock for the manufacture of coke.''.
       (b) Credit Amount.--
       (1) In general.--Paragraph (8) of section 45(e) of the 
     Internal Revenue Code of 1986 (relating to refined coal 
     production facilities) is amended by adding at the end the 
     following new subparagraph
       ``(D) Special rule for steel industry fuel.--
       ``(i) In general.--In the case of a taxpayer who produces 
     steel industry fuel--

       ``(I) this paragraph shall be applied separately with 
     respect to steel industry fuel and other refined coal, and
       ``(II) in applying this paragraph to steel industry fuel, 
     the modifications in clause (ii) shall apply.

       ``(ii) Modifications.--

       ``(I) Credit amount.--Subparagraph (A) shall be applied by 
     substituting `$2 per barrel-of-oil equivalent' for `$4.375 
     per ton'.
       ``(II) Credit period.--In lieu of the 10-year period 
     referred to in clauses (i) and (ii)(II) of subparagraph (A), 
     the credit period shall be the period beginning on the later 
     of the date such facility was originally placed in service, 
     the date the modifications described in clause (iii) were 
     placed in service, or October 1, 2008, and ending on the 
     later of December 31, 2009, or the date which is 1 year after 
     the date such facility or the modifications described in 
     clause (iii) were placed in service.
       ``(III) No phaseout.--Subparagraph (B) shall not apply.

       ``(iii) Modifications.--The modifications described in this 
     clause are modifications to an existing facility which allow 
     such facility to produce steel industry fuel.
       ``(iv) Barrel-of-oil equivalent.--For purposes of this 
     subparagraph, a barrel-of-oil equivalent is the amount of 
     steel industry fuel that has a Btu content of 5,800,000 
     Btus.''.
       (2) Inflation adjustment.--Paragraph (2) of section 45(b) 
     of such Code is amended by inserting ``the $3 amount in 
     subsection (e)(8)(D)(ii)(I),'' after ``subsection 
     (e)(8)(A),''.
       (c) Termination.--Paragraph (8) of section 45(d) of the 
     Internal Revenue Code of 1986 (relating to refined coal 
     production facility), as amended by this Act, is amended to 
     read as follows:
       ``(8) Refined coal production facility.--In the case of a 
     facility that produces refined coal, the term `refined coal 
     production facility' means--
       ``(A) with respect to a facility producing steel industry 
     fuel, any facility (or any modification to a facility) which 
     is placed in service before January 1, 2010, and
       ``(B) with respect to any other facility producing refined 
     coal, any facility placed in service after the date of the 
     enactment of the American Jobs Creation Act of 2004 and 
     before January 1, 2010.''.
       (d) Coordination With Credit for Producing Fuel From a 
     Nonconventional Source.--
       (1) In general.--Subparagraph (B) of section 45(e)(9) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by striking ``The term'' and inserting the following:
       ``(i) In general.--The term'', and
       (B) by adding at the end the following new clause:
       ``(ii) Exception for steel industry coal.--In the case of a 
     facility producing steel industry fuel, clause (i) shall not 
     apply to so much of the refined coal produced at such 
     facility as is steel industry fuel.''.
       (2) No double benefit.--Section 45K(g)(2) of such Code is 
     amended by adding at the end the following new subparagraph:
       ``(E) Coordination with section 45.--No credit shall be 
     allowed with respect to any qualified fuel which is steel 
     industry fuel (as defined in section 45(c)(7)) if a credit is 
     allowed to the taxpayer for such fuel under section 45.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to fuel produced and sold after September 30, 
     2008.

     SEC. 109. SPECIAL RULE TO IMPLEMENT FERC AND STATE ELECTRIC 
                   RESTRUCTURING POLICY.

       (a) Extension for Qualified Electric Utilities.--
       (1) In general.--Paragraph (3) of section 451(i) is amended 
     by inserting ``(before January 1, 2010, in the case of a 
     qualified electric utility)'' after ``January 1, 2008''.
       (2) Qualified electric utility.--Subsection (i) of section 
     451 is amended by redesignating paragraphs (6) through (10) 
     as paragraphs (7) through (11), respectively, and by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) Qualified electric utility.--For purposes of this 
     subsection, the term `qualified electric utility' means a 
     person that, as of the date of the qualifying electric 
     transmission transaction, is vertically integrated, in that 
     it is both--
       ``(A) a transmitting utility (as defined in section 3(23) 
     of the Federal Power Act (16 U.S.C. 796(23))) with respect to 
     the transmission facilities to which the election under this 
     subsection applies, and
       ``(B) an electric utility (as defined in section 3(22) of 
     the Federal Power Act (16 U.S.C. 796(22))).''.
       (b) Extension of Period for Transfer of Operational Control 
     Authorized by FERC.--Clause (ii) of section 451(i)(4)(B) is 
     amended by striking ``December 31, 2007'' and inserting ``the 
     date which is 4 years after the close of the taxable year in 
     which the transaction occurs''.
       (c) Property Located Outside the United States Not Treated 
     as Exempt Utility Property.--Paragraph (5) of section 451(i) 
     is amended by adding at the end the following new 
     subparagraph:
       ``(C) Exception for property located outside the united 
     states.--The term `exempt utility property' shall not include 
     any property which is located outside the United States.''.
       (d) Effective Dates.--
       (1) Extension.--The amendments made by subsection (a) shall 
     apply to transactions after December 31, 2007.
       (2) Transfers of operational control.--The amendment made 
     by subsection (b) shall take effect as if included in section 
     909 of the American Jobs Creation Act of 2004.
       (3) Exception for property located outside the united 
     states.--The amendment made by subsection (c) shall apply to 
     transactions after the date of the enactment of this Act.

           Subtitle B--Carbon Mitigation and Coal Provisions

     SEC. 111. EXPANSION AND MODIFICATION OF ADVANCED COAL PROJECT 
                   INVESTMENT CREDIT.

       (a) Modification of Credit Amount.--Section 48A(a) is 
     amended by striking ``and'' at the end of paragraph (1), by 
     striking the period at the end of paragraph (2) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(3) 30 percent of the qualified investment for such 
     taxable year in the case of projects described in clause 
     (iii) of subsection (d)(3)(B).''.
       (b) Expansion of Aggregate Credits.--Section 48A(d)(3)(A) 
     is amended by striking ``$1,300,000,000'' and inserting 
     ``$2,550,000,000''.
       (c) Authorization of Additional Projects.--
       (1) In general.--Subparagraph (B) of section 48A(d)(3) is 
     amended to read as follows:
       ``(B) Particular projects.--Of the dollar amount in 
     subparagraph (A), the Secretary is authorized to certify--
       ``(i) $800,000,000 for integrated gasification combined 
     cycle projects the application for which is submitted during 
     the period described in paragraph (2)(A)(i),
       ``(ii) $500,000,000 for projects which use other advanced 
     coal-based generation technologies the application for which 
     is submitted during the period described in paragraph 
     (2)(A)(i), and
       ``(iii) $1,250,000,000 for advanced coal-based generation 
     technology projects the application for which is submitted 
     during the period described in paragraph (2)(A)(ii).''.
       (2) Application period for additional projects.--
     Subparagraph (A) of section 48A(d)(2) is amended to read as 
     follows:
       ``(A) Application period.--Each applicant for certification 
     under this paragraph shall submit an application meeting the 
     requirements of subparagraph (B). An applicant may only 
     submit an application--
       ``(i) for an allocation from the dollar amount specified in 
     clause (i) or (ii) of paragraph (3)(B) during the 3-year 
     period beginning on the date the Secretary establishes the 
     program under paragraph (1), and
       ``(ii) for an allocation from the dollar amount specified 
     in paragraph (3)(B)(iii) during the 3-year period beginning 
     at the earlier of the termination of the period described in 
     clause (i) or the date prescribed by the Secretary.''.
       (3) Capture and sequestration of carbon dioxide emissions 
     requirement.--
       (A) In general.--Section 48A(e)(1) is amended by striking 
     ``and'' at the end of subparagraph (E), by striking the 
     period at the end of subparagraph (F) and inserting ``; 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(G) in the case of any project the application for which 
     is submitted during the period described in subsection 
     (d)(2)(A)(ii), the project includes equipment which separates 
     and sequesters at least 65 percent (70 percent in the case of 
     an application for reallocated credits under subsection 
     (d)(4)) of such project's total carbon dioxide emissions.''.
       (B) Highest priority for projects which sequester carbon 
     dioxide emissions.--Section 48A(e)(3) is amended by striking 
     ``and'' at the end of subparagraph (A)(iii), by striking the 
     period at the end of subparagraph (B)(iii) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(C) give highest priority to projects with the greatest 
     separation and sequestration percentage of total carbon 
     dioxide emissions.''.
       (C) Recapture of credit for failure to sequester.--Section 
     48A is amended by adding at the end the following new 
     subsection:
       ``(i) Recapture of Credit for Failure To Sequester.--The 
     Secretary shall provide for recapturing the benefit of any 
     credit allowable under subsection (a) with respect to any 
     project which fails to attain or maintain the separation and 
     sequestration requirements of subsection (e)(1)(G).''.
       (4) Additional priority for research partnerships.--Section 
     48A(e)(3)(B), as amended by paragraph (3)(B), is amended--
       (A) by striking ``and'' at the end of clause (ii),
       (B) by redesignating clause (iii) as clause (iv), and
       (C) by inserting after clause (ii) the following new 
     clause:

[[Page 23041]]

       ``(iii) applicant participants who have a research 
     partnership with an eligible educational institution (as 
     defined in section 529(e)(5)), and''.
       (5) Clerical amendment.--Section 48A(e)(3) is amended by 
     striking ``integrated gasification combined cycle'' in the 
     heading and inserting ``certain''.
       (d) Disclosure of Allocations.--Section 48A(d) is amended 
     by adding at the end the following new paragraph:
       ``(5) Disclosure of allocations.--The Secretary shall, upon 
     making a certification under this subsection or section 
     48B(d), publicly disclose the identity of the applicant and 
     the amount of the credit certified with respect to such 
     applicant.''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to credits the application for which is submitted during the 
     period described in section 48A(d)(2)(A)(ii) of the Internal 
     Revenue Code of 1986 and which are allocated or reallocated 
     after the date of the enactment of this Act.
       (2) Disclosure of allocations.--The amendment made by 
     subsection (d) shall apply to certifications made after the 
     date of the enactment of this Act.
       (3) Clerical amendment.--The amendment made by subsection 
     (c)(5) shall take effect as if included in the amendment made 
     by section 1307(b) of the Energy Tax Incentives Act of 2005.

     SEC. 112. EXPANSION AND MODIFICATION OF COAL GASIFICATION 
                   INVESTMENT CREDIT.

       (a) Modification of Credit Amount.--Section 48B(a) is 
     amended by inserting ``(30 percent in the case of credits 
     allocated under subsection (d)(1)(B))'' after ``20 percent''.
       (b) Expansion of Aggregate Credits.--Section 48B(d)(1) is 
     amended by striking ``shall not exceed $350,000,000'' and all 
     that follows and inserting ``shall not exceed--
       ``(A) $350,000,000, plus
       ``(B) $250,000,000 for qualifying gasification projects 
     that include equipment which separates and sequesters at 
     least 75 percent of such project's total carbon dioxide 
     emissions.''.
       (c) Recapture of Credit for Failure to Sequester.--Section 
     48B is amended by adding at the end the following new 
     subsection:
       ``(f) Recapture of Credit for Failure to Sequester.--The 
     Secretary shall provide for recapturing the benefit of any 
     credit allowable under subsection (a) with respect to any 
     project which fails to attain or maintain the separation and 
     sequestration requirements for such project under subsection 
     (d)(1).''.
       (d) Selection Priorities.--Section 48B(d) is amended by 
     adding at the end the following new paragraph:
       ``(4) Selection priorities.--In determining which 
     qualifying gasification projects to certify under this 
     section, the Secretary shall--
       ``(A) give highest priority to projects with the greatest 
     separation and sequestration percentage of total carbon 
     dioxide emissions, and
       ``(B) give high priority to applicant participants who have 
     a research partnership with an eligible educational 
     institution (as defined in section 529(e)(5)).''.
       (e) Eligible Projects Include Transportation Grade Liquid 
     Fuels.--Section 48B(c)(7) (defining eligible entity) is 
     amended by striking ``and'' at the end of subparagraph (F), 
     by striking the period at the end of subparagraph (G) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(H) transportation grade liquid fuels.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to credits described in section 48B(d)(1)(B) of 
     the Internal Revenue Code of 1986 which are allocated or 
     reallocated after the date of the enactment of this Act.

     SEC. 113. TEMPORARY INCREASE IN COAL EXCISE TAX; FUNDING OF 
                   BLACK LUNG DISABILITY TRUST FUND.

       (a) Extension of Temporary Increase.--Paragraph (2) of 
     section 4121(e) is amended--
       (1) by striking ``January 1, 2014'' in subparagraph (A) and 
     inserting ``December 31, 2018'', and
       (2) by striking ``January 1 after 1981'' in subparagraph 
     (B) and inserting ``December 31 after 2007''.
       (b) Restructuring of Trust Fund Debt.--
       (1) Definitions.--For purposes of this subsection--
       (A) Market value of the outstanding repayable advances, 
     plus accrued interest.--The term ``market value of the 
     outstanding repayable advances, plus accrued interest'' means 
     the present value (determined by the Secretary of the 
     Treasury as of the refinancing date and using the Treasury 
     rate as the discount rate) of the stream of principal and 
     interest payments derived assuming that each repayable 
     advance that is outstanding on the refinancing date is due on 
     the 30th anniversary of the end of the fiscal year in which 
     the advance was made to the Trust Fund, and that all such 
     principal and interest payments are made on September 30 of 
     the applicable fiscal year.
       (B) Refinancing date.--The term ``refinancing date'' means 
     the date occurring 2 days after the enactment of this Act.
       (C) Repayable advance.--The term ``repayable advance'' 
     means an amount that has been appropriated to the Trust Fund 
     in order to make benefit payments and other expenditures that 
     are authorized under section 9501 of the Internal Revenue 
     Code of 1986 and are required to be repaid when the Secretary 
     of the Treasury determines that monies are available in the 
     Trust Fund for such purpose.
       (D) Treasury rate.--The term ``Treasury rate'' means a rate 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding marketable 
     obligations of the United States of comparable maturities.
       (E) Treasury 1-year rate.--The term ``Treasury 1-year 
     rate'' means a rate determined by the Secretary of the 
     Treasury, taking into consideration current market yields on 
     outstanding marketable obligations of the United States with 
     remaining periods to maturity of approximately 1 year, to 
     have been in effect as of the close of business 1 business 
     day prior to the date on which the Trust Fund issues 
     obligations to the Secretary of the Treasury under paragraph 
     (2)(B).
       (2) Refinancing of outstanding principal of repayable 
     advances and unpaid interest on such advances.--
       (A) Transfer to general fund.--On the refinancing date, the 
     Trust Fund shall repay the market value of the outstanding 
     repayable advances, plus accrued interest, by transferring 
     into the general fund of the Treasury the following sums:
       (i) The proceeds from obligations that the Trust Fund shall 
     issue to the Secretary of the Treasury in such amounts as the 
     Secretaries of Labor and the Treasury shall determine and 
     bearing interest at the Treasury rate, and that shall be in 
     such forms and denominations and be subject to such other 
     terms and conditions, including maturity, as the Secretary of 
     the Treasury shall prescribe.
       (ii) All, or that portion, of the appropriation made to the 
     Trust Fund pursuant to paragraph (3) that is needed to cover 
     the difference defined in that paragraph.
       (B) Repayment of obligations.--In the event that the Trust 
     Fund is unable to repay the obligations that it has issued to 
     the Secretary of the Treasury under subparagraph (A)(i) and 
     this subparagraph, or is unable to make benefit payments and 
     other authorized expenditures, the Trust Fund shall issue 
     obligations to the Secretary of the Treasury in such amounts 
     as may be necessary to make such repayments, payments, and 
     expenditures, with a maturity of 1 year, and bearing interest 
     at the Treasury 1-year rate. These obligations shall be in 
     such forms and denominations and be subject to such other 
     terms and conditions as the Secretary of the Treasury shall 
     prescribe.
       (C) Authority to issue obligations.--The Trust Fund is 
     authorized to issue obligations to the Secretary of the 
     Treasury under subparagraphs (A)(i) and (B). The Secretary of 
     the Treasury is authorized to purchase such obligations of 
     the Trust Fund. For the purposes of making such purchases, 
     the Secretary of the Treasury may use as a public debt 
     transaction the proceeds from the sale of any securities 
     issued under chapter 31 of title 31, United States Code, and 
     the purposes for which securities may be issued under such 
     chapter are extended to include any purchase of such Trust 
     Fund obligations under this subparagraph.
       (3) One-time appropriation.--There is hereby appropriated 
     to the Trust Fund an amount sufficient to pay to the general 
     fund of the Treasury the difference between--
       (A) the market value of the outstanding repayable advances, 
     plus accrued interest; and
       (B) the proceeds from the obligations issued by the Trust 
     Fund to the Secretary of the Treasury under paragraph 
     (2)(A)(i).
       (4) Prepayment of trust fund obligations.--The Trust Fund 
     is authorized to repay any obligation issued to the Secretary 
     of the Treasury under subparagraphs (A)(i) and (B) of 
     paragraph (2) prior to its maturity date by paying a 
     prepayment price that would, if the obligation being prepaid 
     (including all unpaid interest accrued thereon through the 
     date of prepayment) were purchased by a third party and held 
     to the maturity date of such obligation, produce a yield to 
     the third-party purchaser for the period from the date of 
     purchase to the maturity date of such obligation 
     substantially equal to the Treasury yield on outstanding 
     marketable obligations of the United States having a 
     comparable maturity to this period.

     SEC. 114. SPECIAL RULES FOR REFUND OF THE COAL EXCISE TAX TO 
                   CERTAIN COAL PRODUCERS AND EXPORTERS.

       (a) Refund.--
       (1) Coal producers.--
       (A) In general.--Notwithstanding subsections (a)(1) and (c) 
     of section 6416 and section 6511 of the Internal Revenue Code 
     of 1986, if--
       (i) a coal producer establishes that such coal producer, or 
     a party related to such coal producer, exported coal produced 
     by such coal producer to a foreign country or shipped coal 
     produced by such coal producer to a possession of the United 
     States, or caused such coal to be exported or shipped, the 
     export or shipment of which was other than through an 
     exporter who meets the requirements of paragraph (2),
       (ii) such coal producer filed an excise tax return on or 
     after October 1, 1990, and on or before the date of the 
     enactment of this Act, and
       (iii) such coal producer files a claim for refund with the 
     Secretary not later than the close of the 30-day period 
     beginning on the date of the enactment of this Act,

     then the Secretary shall pay to such coal producer an amount 
     equal to the tax paid under section 4121 of such Code on such 
     coal exported or shipped by the coal producer or a party 
     related to such coal producer, or caused by the coal producer 
     or a party related to such coal producer to be exported or 
     shipped.

[[Page 23042]]

       (B) Special rules for certain taxpayers.--For purposes of 
     this section--
       (i) In general.--If a coal producer or a party related to a 
     coal producer has received a judgment described in clause 
     (iii), such coal producer shall be deemed to have established 
     the export of coal to a foreign country or shipment of coal 
     to a possession of the United States under subparagraph 
     (A)(i).
       (ii) Amount of payment.--If a taxpayer described in clause 
     (i) is entitled to a payment under subparagraph (A), the 
     amount of such payment shall be reduced by any amount paid 
     pursuant to the judgment described in clause (iii).
       (iii) Judgment described.--A judgment is described in this 
     subparagraph if such judgment--

       (I) is made by a court of competent jurisdiction within the 
     United States,
       (II) relates to the constitutionality of any tax paid on 
     exported coal under section 4121 of the Internal Revenue Code 
     of 1986, and
       (III) is in favor of the coal producer or the party related 
     to the coal producer.

       (2) Exporters.--Notwithstanding subsections (a)(1) and (c) 
     of section 6416 and section 6511 of the Internal Revenue Code 
     of 1986, and a judgment described in paragraph (1)(B)(iii) of 
     this subsection, if--
       (A) an exporter establishes that such exporter exported 
     coal to a foreign country or shipped coal to a possession of 
     the United States, or caused such coal to be so exported or 
     shipped,
       (B) such exporter filed a tax return on or after October 1, 
     1990, and on or before the date of the enactment of this Act, 
     and
       (C) such exporter files a claim for refund with the 
     Secretary not later than the close of the 30-day period 
     beginning on the date of the enactment of this Act,

     then the Secretary shall pay to such exporter an amount equal 
     to $0.825 per ton of such coal exported by the exporter or 
     caused to be exported or shipped, or caused to be exported or 
     shipped, by the exporter.
       (b) Limitations.--Subsection (a) shall not apply with 
     respect to exported coal if a settlement with the Federal 
     Government has been made with and accepted by, the coal 
     producer, a party related to such coal producer, or the 
     exporter, of such coal, as of the date that the claim is 
     filed under this section with respect to such exported coal. 
     For purposes of this subsection, the term ``settlement with 
     the Federal Government'' shall not include any settlement or 
     stipulation entered into as of the date of the enactment of 
     this Act, the terms of which contemplate a judgment 
     concerning which any party has reserved the right to file an 
     appeal, or has filed an appeal.
       (c) Subsequent Refund Prohibited.--No refund shall be made 
     under this section to the extent that a credit or refund of 
     such tax on such exported or shipped coal has been paid to 
     any person.
       (d) Definitions.--For purposes of this section--
       (1) Coal producer.--The term ``coal producer'' means the 
     person in whom is vested ownership of the coal immediately 
     after the coal is severed from the ground, without regard to 
     the existence of any contractual arrangement for the sale or 
     other disposition of the coal or the payment of any royalties 
     between the producer and third parties. The term includes any 
     person who extracts coal from coal waste refuse piles or from 
     the silt waste product which results from the wet washing (or 
     similar processing) of coal.
       (2) Exporter.--The term ``exporter'' means a person, other 
     than a coal producer, who does not have a contract, fee 
     arrangement, or any other agreement with a producer or seller 
     of such coal to export or ship such coal to a third party on 
     behalf of the producer or seller of such coal and--
       (A) is indicated in the shipper's export declaration or 
     other documentation as the exporter of record, or
       (B) actually exported such coal to a foreign country or 
     shipped such coal to a possession of the United States, or 
     caused such coal to be so exported or shipped.
       (3) Related party.--The term ``a party related to such coal 
     producer'' means a person who--
       (A) is related to such coal producer through any degree of 
     common management, stock ownership, or voting control,
       (B) is related (within the meaning of section 144(a)(3) of 
     the Internal Revenue Code of 1986) to such coal producer, or
       (C) has a contract, fee arrangement, or any other agreement 
     with such coal producer to sell such coal to a third party on 
     behalf of such coal producer.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Treasury or the Secretary's designee.
       (e) Timing of Refund.--With respect to any claim for refund 
     filed pursuant to this section, the Secretary shall determine 
     whether the requirements of this section are met not later 
     than 180 days after such claim is filed. If the Secretary 
     determines that the requirements of this section are met, the 
     claim for refund shall be paid not later than 180 days after 
     the Secretary makes such determination.
       (f) Interest.--Any refund paid pursuant to this section 
     shall be paid by the Secretary with interest from the date of 
     overpayment determined by using the overpayment rate and 
     method under section 6621 of the Internal Revenue Code of 
     1986.
       (g) Denial of Double Benefit.--The payment under subsection 
     (a) with respect to any coal shall not exceed--
       (1) in the case of a payment to a coal producer, the amount 
     of tax paid under section 4121 of the Internal Revenue Code 
     of 1986 with respect to such coal by such coal producer or a 
     party related to such coal producer, and
       (2) in the case of a payment to an exporter, an amount 
     equal to $0.825 per ton with respect to such coal exported by 
     the exporter or caused to be exported by the exporter.
       (h) Application of Section.--This section applies only to 
     claims on coal exported or shipped on or after October 1, 
     1990, through the date of the enactment of this Act.
       (i) Standing Not Conferred.--
       (1) Exporters.--With respect to exporters, this section 
     shall not confer standing upon an exporter to commence, or 
     intervene in, any judicial or administrative proceeding 
     concerning a claim for refund by a coal producer of any 
     Federal or State tax, fee, or royalty paid by the coal 
     producer.
       (2) Coal producers.--With respect to coal producers, this 
     section shall not confer standing upon a coal producer to 
     commence, or intervene in, any judicial or administrative 
     proceeding concerning a claim for refund by an exporter of 
     any Federal or State tax, fee, or royalty paid by the 
     producer and alleged to have been passed on to an exporter.

     SEC. 115. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business credits) is amended by adding 
     at the end the following new section:

     ``SEC. 45Q. CREDIT FOR CARBON DIOXIDE SEQUESTRATION.

       ``(a) General Rule.--For purposes of section 38, the carbon 
     dioxide sequestration credit for any taxable year is an 
     amount equal to the sum of--
       ``(1) $20 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility, and
       ``(B) disposed of by the taxpayer in secure geological 
     storage, and
       ``(2) $10 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility, and
       ``(B) used by the taxpayer as a tertiary injectant in a 
     qualified enhanced oil or natural gas recovery project.
       ``(b) Qualified Carbon Dioxide.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified carbon dioxide' 
     means carbon dioxide captured from an industrial source 
     which--
       ``(A) would otherwise be released into the atmosphere as 
     industrial emission of greenhouse gas, and
       ``(B) is measured at the source of capture and verified at 
     the point of disposal or injection.
       ``(2) Recycled carbon dioxide.--The term `qualified carbon 
     dioxide' includes the initial deposit of captured carbon 
     dioxide used as a tertiary injectant. Such term does not 
     include carbon dioxide that is re-captured, recycled, and re-
     injected as part of the enhanced oil and natural gas recovery 
     process.
       ``(c) Qualified Facility.--For purposes of this section, 
     the term `qualified facility' means any industrial facility--
       ``(1) which is owned by the taxpayer,
       ``(2) at which carbon capture equipment is placed in 
     service, and
       ``(3) which captures not less than 500,000 metric tons of 
     carbon dioxide during the taxable year.
       ``(d) Special Rules and Other Definitions.--For purposes of 
     this section--
       ``(1) Only carbon dioxide captured and disposed of or used 
     within the united states taken into account.--The credit 
     under this section shall apply only with respect to qualified 
     carbon dioxide the capture and disposal or use of which is 
     within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(2) Secure geological storage.--The Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall establish regulations for 
     determining adequate security measures for the geological 
     storage of carbon dioxide under subsection (a)(1)(B) such 
     that the carbon dioxide does not escape into the atmosphere. 
     Such term shall include storage at deep saline formations and 
     unminable coal seems under such conditions as the Secretary 
     may determine under such regulations.
       ``(3) Tertiary injectant.--The term `tertiary injectant' 
     has the same meaning as when used within section 193(b)(1).
       ``(4) Qualified enhanced oil or natural gas recovery 
     project.--The term `qualified enhanced oil or natural gas 
     recovery project' has the meaning given the term `qualified 
     enhanced oil recovery project' by section 43(c)(2), by 
     substituting `crude oil or natural gas' for `crude oil' in 
     subparagraph (A)(i) thereof.
       ``(5) Credit attributable to taxpayer.--Any credit under 
     this section shall be attributable to the person that 
     captures and physically or contractually ensures the disposal 
     of or the use as a tertiary injectant of the qualified carbon 
     dioxide, except to the extent provided in regulations 
     prescribed by the Secretary.
       ``(6) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any qualified carbon 
     dioxide which ceases to be captured, disposed of, or used as 
     a

[[Page 23043]]

     tertiary injectant in a manner consistent with the 
     requirements of this section.
       ``(7) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2009, there shall be 
     substituted for each dollar amount contained in subsection 
     (a) an amount equal to the product of--
       ``(A) such dollar amount, multiplied by
       ``(B) the inflation adjustment factor for such calendar 
     year determined under section 43(b)(3)(B) for such calendar 
     year, determined by substituting `2008' for `1990'.
       ``(e) Application of Section.--The credit under this 
     section shall apply with respect to qualified carbon dioxide 
     before the end of the calendar year in which the Secretary, 
     in consultation with the Administrator of the Environmental 
     Protection Agency, certifies that 75,000,000 metric tons of 
     qualified carbon dioxide have been captured and disposed of 
     or used as a tertiary injectant.''.
       (b) Conforming Amendment.--Section 38(b) (relating to 
     general business credit) is amended by striking ``plus'' at 
     the end of paragraph (32), by striking the period at the end 
     of paragraph (33) and inserting ``, plus'', and by adding at 
     the end of following new paragraph:
       ``(34) the carbon dioxide sequestration credit determined 
     under section 45Q(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 (relating to other 
     credits) is amended by adding at the end the following new 
     section:

``Sec. 45Q. Credit for carbon dioxide sequestration.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to carbon dioxide captured after the date of the 
     enactment of this Act.

     SEC. 116. CERTAIN INCOME AND GAINS RELATING TO INDUSTRIAL 
                   SOURCE CARBON DIOXIDE TREATED AS QUALIFYING 
                   INCOME FOR PUBLICLY TRADED PARTNERSHIPS.

       (a) In General.--Subparagraph (E) of section 7704(d)(1) 
     (defining qualifying income) is amended by inserting ``or 
     industrial source carbon dioxide'' after ``timber)''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.

     SEC. 117. CARBON AUDIT OF THE TAX CODE.

       (a) Study.--The Secretary of the Treasury shall enter into 
     an agreement with the National Academy of Sciences to 
     undertake a comprehensive review of the Internal Revenue Code 
     of 1986 to identify the types of and specific tax provisions 
     that have the largest effects on carbon and other greenhouse 
     gas emissions and to estimate the magnitude of those effects.
       (b) Report.--Not later than 2 years after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to Congress a report containing the results of study 
     authorized under this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000 for 
     the period of fiscal years 2009 and 2010.

     TITLE II--TRANSPORTATION AND DOMESTIC FUEL SECURITY PROVISIONS

     SEC. 201. INCLUSION OF CELLULOSIC BIOFUEL IN BONUS 
                   DEPRECIATION FOR BIOMASS ETHANOL PLANT 
                   PROPERTY.

       (a) In General.--Paragraph (3) of section 168(l) is amended 
     to read as follows:
       ``(3) Cellulosic biofuel.--The term `cellulosic biofuel' 
     means any liquid fuel which is produced from any 
     lignocellulosic or hemicellulosic matter that is available on 
     a renewable or recurring basis.''.
       (b) Conforming Amendments.--Subsection (l) of section 168 
     is amended--
       (1) by striking ``cellulosic biomass ethanol'' each place 
     it appears and inserting ``cellulosic biofuel'',
       (2) by striking ``Cellulosic Biomass Ethanol'' in the 
     heading of such subsection and inserting ``Cellulosic 
     Biofuel'', and
       (3) by striking ``cellulosic biomass ethanol'' in the 
     heading of paragraph (2) thereof and inserting ``cellulosic 
     biofuel''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 202. CREDITS FOR BIODIESEL AND RENEWABLE DIESEL.

       (a) In General.--Sections 40A(g), 6426(c)(6), and 
     6427(e)(5)(B) are each amended by striking ``December 31, 
     2008'' and inserting ``December 31, 2009''.
       (b) Increase in Rate of Credit.--
       (1) Income tax credit.--Paragraphs (1)(A) and (2)(A) of 
     section 40A(b) are each amended by striking ``50 cents'' and 
     inserting ``$1.00''.
       (2) Excise tax credit.--Paragraph (2) of section 6426(c) is 
     amended to read as follows:
       ``(2) Applicable amount.--For purposes of this subsection, 
     the applicable amount is $1.00.''.
       (3) Conforming amendments.--
       (A) Subsection (b) of section 40A is amended by striking 
     paragraph (3) and by redesignating paragraphs (4) and (5) as 
     paragraphs (3) and (4), respectively.
       (B) Paragraph (2) of section 40A(f) is amended to read as 
     follows:
       ``(2) Exception.--Subsection (b)(4) shall not apply with 
     respect to renewable diesel.''.
       (C) Paragraphs (2) and (3) of section 40A(e) are each 
     amended by striking ``subsection (b)(5)(C)'' and inserting 
     ``subsection (b)(4)(C)''.
       (D) Clause (ii) of section 40A(d)(3)(C) is amended by 
     striking ``subsection (b)(5)(B)'' and inserting ``subsection 
     (b)(4)(B)''.
       (c) Uniform Treatment of Diesel Produced From Biomass.--
     Paragraph (3) of section 40A(f) is amended--
       (1) by striking ``diesel fuel'' and inserting ``liquid 
     fuel'',
       (2) by striking ``using a thermal depolymerization 
     process'', and
       (3) by inserting ``, or other equivalent standard approved 
     by the Secretary'' after ``D396''.
       (d) Coproduction of Renewable Diesel With Petroleum 
     Feedstock.--
       (1) In general.--Paragraph (3) of section 40A(f) is amended 
     by adding at the end the following new sentences: ``Such term 
     does not include any fuel derived from coprocessing biomass 
     with a feedstock which is not biomass. For purposes of this 
     paragraph, the term `biomass' has the meaning given such term 
     by section 45K(c)(3).''.
       (2) Conforming amendment.--Paragraph (3) of section 40A(f) 
     is amended by striking ``(as defined in section 45K(c)(3))''.
       (e) Eligibility of Certain Aviation Fuel.--Subsection (f) 
     of section 40A (relating to renewable diesel) is amended by 
     adding at the end the following new paragraph:
       ``(4) Certain aviation fuel.--
       ``(A) In general.--Except as provided in the last 3 
     sentences of paragraph (3), the term `renewable diesel' shall 
     include fuel derived from biomass which meets the 
     requirements of a Department of Defense specification for 
     military jet fuel or an American Society of Testing and 
     Materials specification for aviation turbine fuel.
       ``(B) Application of mixture credits.--In the case of fuel 
     which is treated as renewable diesel solely by reason of 
     subparagraph (A), subsection (b)(1) and section 6426(c) shall 
     be applied with respect to such fuel by treating kerosene as 
     though it were diesel fuel.''.
       (f) Modification Relating to Definition of Agri-
     Biodiesel.--Paragraph (2) of section 40A(d) (relating to 
     agri-biodiesel) is amended by striking ``and mustard seeds'' 
     and inserting ``mustard seeds, and camelina''.
       (g) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to fuel produced, and sold or used, after December 31, 2008.
       (2) Coproduction of renewable diesel with petroleum 
     feedstock.--The amendment made by subsection (d) shall apply 
     to fuel produced, and sold or used, after the date of the 
     enactment of this Act.

     SEC. 203. CLARIFICATION THAT CREDITS FOR FUEL ARE DESIGNED TO 
                   PROVIDE AN INCENTIVE FOR UNITED STATES 
                   PRODUCTION.

       (a) Alcohol Fuels Credit.--Subsection (d) of section 40 is 
     amended by adding at the end the following new paragraph:
       ``(7) Limitation to alcohol with connection to the united 
     states.--No credit shall be determined under this section 
     with respect to any alcohol which is produced outside the 
     United States for use as a fuel outside the United States. 
     For purposes of this paragraph, the term `United States' 
     includes any possession of the United States.''.
       (b) Biodiesel Fuels Credit.--Subsection (d) of section 40A 
     is amended by adding at the end the following new paragraph:
       ``(5) Limitation to biodiesel with connection to the united 
     states.--No credit shall be determined under this section 
     with respect to any biodiesel which is produced outside the 
     United States for use as a fuel outside the United States. 
     For purposes of this paragraph, the term `United States' 
     includes any possession of the United States.''.
       (c) Excise Tax Credit.--
       (1) In general.--Section 6426 is amended by adding at the 
     end the following new subsection:
       ``(i) Limitation to Fuels With Connection to the United 
     States.--
       ``(1) Alcohol.--No credit shall be determined under this 
     section with respect to any alcohol which is produced outside 
     the United States for use as a fuel outside the United 
     States.
       ``(2) Biodiesel and alternative fuels.--No credit shall be 
     determined under this section with respect to any biodiesel 
     or alternative fuel which is produced outside the United 
     States for use as a fuel outside the United States.

     For purposes of this subsection, the term `United States' 
     includes any possession of the United States.''.
       (2) Conforming amendment.--Subsection (e) of section 6427 
     is amended by redesignating paragraph (5) as paragraph (6) 
     and by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Limitation to fuels with connection to the united 
     states.--No amount shall be payable under paragraph (1) or 
     (2) with respect to any mixture or alternative fuel if credit 
     is not allowed with respect to such mixture or alternative 
     fuel by reason of section 6426(i).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to claims for credit or payment made on or after 
     May 15, 2008.

     SEC. 204. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL 
                   CREDIT.

       (a) Extension.--
       (1) Alternative fuel credit.--Paragraph (4) of section 
     6426(d) (relating to alternative fuel credit) is amended by 
     striking ``September 30, 2009'' and inserting ``December 31, 
     2009''.
       (2) Alternative fuel mixture credit.--Paragraph (3) of 
     section 6426(e) (relating to alternative fuel mixture credit) 
     is amended by striking ``September 30, 2009'' and inserting 
     ``December 31, 2009''.
       (3) Payments.--Subparagraph (C) of section 6427(e)(5) 
     (relating to termination) is amended

[[Page 23044]]

     by striking ``September 30, 2009'' and inserting ``December 
     31, 2009''.
       (b) Modifications.--
       (1) Alternative fuel to include compressed or liquified 
     biomass gas.--Paragraph (2) of section 6426(d) (relating to 
     alternative fuel credit) is amended by striking ``and'' at 
     the end of subparagraph (E), by redesignating subparagraph 
     (F) as subparagraph (G), and by inserting after subparagraph 
     (E) the following new subparagraph:
       ``(F) compressed or liquefied gas derived from biomass (as 
     defined in section 45K(c)(3)), and''.
       (2) Credit allowed for aviation use of fuel.--Paragraph (1) 
     of section 6426(d) is amended by inserting ``sold by the 
     taxpayer for use as a fuel in aviation,'' after 
     ``motorboat,''.
       (c) Carbon Capture Requirement for Certain Fuels.--
       (1) In general.--Subsection (d) of section 6426, as amended 
     by subsection (a), is amended by redesignating paragraph (4) 
     as paragraph (5) and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Carbon capture requirement.--
       ``(A) In general.--The requirements of this paragraph are 
     met if the fuel is certified, under such procedures as 
     required by the Secretary, as having been derived from coal 
     produced at a gasification facility which separates and 
     sequesters not less than the applicable percentage of such 
     facility's total carbon dioxide emissions.
       ``(B) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage is--
       ``(i) 50 percent in the case of fuel produced after 
     September 30, 2009, and on or before December 30, 2009, and
       ``(ii) 75 percent in the case of fuel produced after 
     December 30, 2009.''.
       (2) Conforming amendment.--Subparagraph (E) of section 
     6426(d)(2) is amended by inserting ``which meets the 
     requirements of paragraph (4) and which is'' after ``any 
     liquid fuel''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to fuel sold or used after the date of the 
     enactment of this Act.

     SEC. 205. CREDIT FOR NEW QUALIFIED PLUG-IN ELECTRIC DRIVE 
                   MOTOR VEHICLES.

       (a) Plug-in Electric Drive Motor Vehicle Credit.--Subpart B 
     of part IV of subchapter A of chapter 1 (relating to other 
     credits) is amended by adding at the end the following new 
     section:

     ``SEC. 30D. NEW QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
                   VEHICLES.

       ``(a) Allowance of Credit.--
       ``(1) In general.--There shall be allowed as a credit 
     against the tax imposed by this chapter for the taxable year 
     an amount equal to the applicable amount with respect to each 
     new qualified plug-in electric drive motor vehicle placed in 
     service by the taxpayer during the taxable year.
       ``(2) Applicable amount.--For purposes of paragraph (1), 
     the applicable amount is sum of--
       ``(A) $2,500, plus
       ``(B) $417 for each kilowatt hour of traction battery 
     capacity in excess of 4 kilowatt hours.
       ``(b) Limitations.--
       ``(1) Limitation based on weight.--The amount of the credit 
     allowed under subsection (a) by reason of subsection (a)(2) 
     shall not exceed--
       ``(A) $7,500, in the case of any new qualified plug-in 
     electric drive motor vehicle with a gross vehicle weight 
     rating of not more than 10,000 pounds,
       ``(B) $10,000, in the case of any new qualified plug-in 
     electric drive motor vehicle with a gross vehicle weight 
     rating of more than 10,000 pounds but not more than 14,000 
     pounds,
       ``(C) $12,500, in the case of any new qualified plug-in 
     electric drive motor vehicle with a gross vehicle weight 
     rating of more than 14,000 pounds but not more than 26,000 
     pounds, and
       ``(D) $15,000, in the case of any new qualified plug-in 
     electric drive motor vehicle with a gross vehicle weight 
     rating of more than 26,000 pounds.
       ``(2) Limitation on number of passenger vehicles and light 
     trucks eligible for credit.--
       ``(A) In general.--In the case of a new qualified plug-in 
     electric drive motor vehicle sold during the phaseout period, 
     only the applicable percentage of the credit otherwise 
     allowable under subsection (a) shall be allowed.
       ``(B) Phaseout period.--For purposes of this subsection, 
     the phaseout period is the period beginning with the second 
     calendar quarter following the calendar quarter which 
     includes the first date on which the total number of such new 
     qualified plug-in electric drive motor vehicles sold for use 
     in the United States after December 31, 2008, is at least 
     250,000.
       ``(C) Applicable percentage.--For purposes of subparagraph 
     (A), the applicable percentage is--
       ``(i) 50 percent for the first 2 calendar quarters of the 
     phaseout period,
       ``(ii) 25 percent for the 3d and 4th calendar quarters of 
     the phaseout period, and
       ``(iii) 0 percent for each calendar quarter thereafter.
       ``(D) Controlled groups.--Rules similar to the rules of 
     section 30B(f)(4) shall apply for purposes of this 
     subsection.
       ``(c) New Qualified Plug-in Electric Drive Motor Vehicle.--
     For purposes of this section, the term `new qualified plug-in 
     electric drive motor vehicle' means a motor vehicle--
       ``(1) which draws propulsion using a traction battery with 
     at least 4 kilowatt hours of capacity,
       ``(2) which uses an offboard source of energy to recharge 
     such battery,
       ``(3) which, in the case of a passenger vehicle or light 
     truck which has a gross vehicle weight rating of not more 
     than 8,500 pounds, has received a certificate of conformity 
     under the Clean Air Act and meets or exceeds the equivalent 
     qualifying California low emission vehicle standard under 
     section 243(e)(2) of the Clean Air Act for that make and 
     model year, and
       ``(A) in the case of a vehicle having a gross vehicle 
     weight rating of 6,000 pounds or less, the Bin 5 Tier II 
     emission standard established in regulations prescribed by 
     the Administrator of the Environmental Protection Agency 
     under section 202(i) of the Clean Air Act for that make and 
     model year vehicle, and
       ``(B) in the case of a vehicle having a gross vehicle 
     weight rating of more than 6,000 pounds but not more than 
     8,500 pounds, the Bin 8 Tier II emission standard which is so 
     established,
       ``(4) the original use of which commences with the 
     taxpayer,
       ``(5) which is acquired for use or lease by the taxpayer 
     and not for resale, and
       ``(6) which is made by a manufacturer.
       ``(d) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to property 
     of a character subject to an allowance for depreciation shall 
     be treated as a credit listed in section 38(b) for such 
     taxable year (and not allowed under subsection (a)).
       ``(2) Personal credit.--
       ``(A) In general.--For purposes of this title, the credit 
     allowed under subsection (a) for any taxable year (determined 
     after application of paragraph (1)) shall be treated as a 
     credit allowable under subpart A for such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall not 
     exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section and sections 23 and 25D) and section 
     27 for the taxable year.
       ``(e) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Motor vehicle.--The term `motor vehicle' has the 
     meaning given such term by section 30(c)(2).
       ``(2) Other terms.--The terms `passenger automobile', 
     `light truck', and `manufacturer' have the meanings given 
     such terms in regulations prescribed by the Administrator of 
     the Environmental Protection Agency for purposes of the 
     administration of title II of the Clean Air Act (42 U.S.C. 
     7521 et seq.).
       ``(3) Traction battery capacity.--Traction battery capacity 
     shall be measured in kilowatt hours from a 100 percent state 
     of charge to a zero percent state of charge.
       ``(4) Reduction in basis.--For purposes of this subtitle, 
     the basis of any property for which a credit is allowable 
     under subsection (a) shall be reduced by the amount of such 
     credit so allowed.
       ``(5) No double benefit.--The amount of any deduction or 
     other credit allowable under this chapter for a new qualified 
     plug-in electric drive motor vehicle shall be reduced by the 
     amount of credit allowed under subsection (a) for such 
     vehicle for the taxable year.
       ``(6) Property used by tax-exempt entity.--In the case of a 
     vehicle the use of which is described in paragraph (3) or (4) 
     of section 50(b) and which is not subject to a lease, the 
     person who sold such vehicle to the person or entity using 
     such vehicle shall be treated as the taxpayer that placed 
     such vehicle in service, but only if such person clearly 
     discloses to such person or entity in a document the amount 
     of any credit allowable under subsection (a) with respect to 
     such vehicle (determined without regard to subsection 
     (b)(2)).
       ``(7) Property used outside united states, etc., not 
     qualified.--No credit shall be allowable under subsection (a) 
     with respect to any property referred to in section 50(b)(1) 
     or with respect to the portion of the cost of any property 
     taken into account under section 179.
       ``(8) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit (including 
     recapture in the case of a lease period of less than the 
     economic life of a vehicle).
       ``(9) Election to not take credit.--No credit shall be 
     allowed under subsection (a) for any vehicle if the taxpayer 
     elects not to have this section apply to such vehicle.
       ``(10) Interaction with air quality and motor vehicle 
     safety standards.--Unless otherwise provided in this section, 
     a motor vehicle shall not be considered eligible for a credit 
     under this section unless such vehicle is in compliance 
     with--
       ``(A) the applicable provisions of the Clean Air Act for 
     the applicable make and model year of the vehicle (or 
     applicable air quality provisions of State law in the case of 
     a State which has adopted such provision under a waiver under 
     section 209(b) of the Clean Air Act), and
       ``(B) the motor vehicle safety provisions of sections 30101 
     through 30169 of title 49, United States Code.
       ``(f) Regulations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall promulgate such

[[Page 23045]]

     regulations as necessary to carry out the provisions of this 
     section.
       ``(2) Coordination in prescription of certain 
     regulations.--The Secretary of the Treasury, in coordination 
     with the Secretary of Transportation and the Administrator of 
     the Environmental Protection Agency, shall prescribe such 
     regulations as necessary to determine whether a motor vehicle 
     meets the requirements to be eligible for a credit under this 
     section.
       ``(g) Termination.--This section shall not apply to 
     property purchased after December 31, 2014.''.
       (b) Coordination With Alternative Motor Vehicle Credit.--
     Section 30B(d)(3) is amended by adding at the end the 
     following new subparagraph:
       ``(D) Exclusion of plug-in vehicles.--Any vehicle with 
     respect to which a credit is allowable under section 30D 
     (determined without regard to subsection (d) thereof) shall 
     not be taken into account under this section.''.
       (c) Credit Made Part of General Business Credit.--Section 
     38(b), as amended by this Act, is amended by striking 
     ``plus'' at the end of paragraph (33), by striking the period 
     at the end of paragraph (34) and inserting ``plus'', and by 
     adding at the end the following new paragraph:
       ``(35) the portion of the new qualified plug-in electric 
     drive motor vehicle credit to which section 30D(d)(1) 
     applies.''.
       (d) Conforming Amendments.--
       (1)(A) Section 24(b)(3)(B), as amended by section 106, is 
     amended by striking ``and 25D'' and inserting ``25D, and 
     30D''.
       (B) Section 25(e)(1)(C)(ii) is amended by inserting 
     ``30D,'' after ``25D,''.
       (C) Section 25B(g)(2), as amended by section 106, is 
     amended by striking ``and 25D'' and inserting ``, 25D, and 
     30D''.
       (D) Section 26(a)(1), as amended by section 106, is amended 
     by striking ``and 25D'' and inserting ``25D, and 30D''.
       (E) Section 1400C(d)(2) is amended by striking ``and 25D'' 
     and inserting ``25D, and 30D''.
       (2) Section 1016(a) is amended by striking ``and'' at the 
     end of paragraph (35), by striking the period at the end of 
     paragraph (36) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(37) to the extent provided in section 30D(e)(4).''.
       (3) Section 6501(m) is amended by inserting ``30D(e)(9),'' 
     after ``30C(e)(5),''.
       (4) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

``Sec. 30D. New qualified plug-in electric drive motor vehicles.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
       (f) Application of EGTRRA Sunset.--The amendment made by 
     subsection (d)(1)(A) shall be subject to title IX of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 in 
     the same manner as the provision of such Act to which such 
     amendment relates.

     SEC. 206. EXCLUSION FROM HEAVY TRUCK TAX FOR IDLING REDUCTION 
                   UNITS AND ADVANCED INSULATION.

       (a) In General.--Section 4053 is amended by adding at the 
     end the following new paragraphs:
       ``(9) Idling reduction device.--Any device or system of 
     devices which--
       ``(A) is designed to provide to a vehicle those services 
     (such as heat, air conditioning, or electricity) that would 
     otherwise require the operation of the main drive engine 
     while the vehicle is temporarily parked or remains stationary 
     using one or more devices affixed to a tractor, and
       ``(B) is determined by the Administrator of the 
     Environmental Protection Agency, in consultation with the 
     Secretary of Energy and the Secretary of Transportation, to 
     reduce idling of such vehicle at a motor vehicle rest stop or 
     other location where such vehicles are temporarily parked or 
     remain stationary.
       ``(10) Advanced insulation.--Any insulation that has an R 
     value of not less than R35 per inch.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales or installations after the date of the 
     enactment of this Act.

     SEC. 207. ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT.

       (a) Extension of Credit.--Paragraph (2) of section 30C(g) 
     is amended by striking ``December 31, 2009'' and inserting 
     ``December 31, 2010''.
       (b) Inclusion of Electricity as a Clean-Burning Fuel.--
     Section 30C(c)(2) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Electricity.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.

     SEC. 208. CERTAIN INCOME AND GAINS RELATING TO ALCOHOL FUELS 
                   AND MIXTURES, BIODIESEL FUELS AND MIXTURES, AND 
                   ALTERNATIVE FUELS AND MIXTURES TREATED AS 
                   QUALIFYING INCOME FOR PUBLICLY TRADED 
                   PARTNERSHIPS.

       (a) In General.--Subparagraph (E) of section 7704(d)(1), as 
     amended by this Act, is amended by striking ``or industrial 
     source carbon dioxide'' and inserting ``, industrial source 
     carbon dioxide, or the transportation or storage of any fuel 
     described in subsection (b), (c), (d), or (e) of section 
     6426, or any alcohol fuel defined in section 6426(b)(4)(A) or 
     any biodiesel fuel as defined in section 40A(d)(1)'' after 
     ``timber)''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act, 
     in taxable years ending after such date.

     SEC. 209. EXTENSION AND MODIFICATION OF ELECTION TO EXPENSE 
                   CERTAIN REFINERIES.

       (a) Extension.--Paragraph (1) of section 179C(c) (relating 
     to qualified refinery property) is amended--
       (1) by striking ``January 1, 2012'' in subparagraph (B) and 
     inserting ``January 1, 2014'', and
       (2) by striking ``January 1, 2008'' each place it appears 
     in subparagraph (F) and inserting ``January 1, 2010''.
       (b) Inclusion of Fuel Derived From Shale and Tar Sands.--
       (1) In general.--Subsection (d) of section 179C is amended 
     by inserting ``, or directly from shale or tar sands'' after 
     ``(as defined in section 45K(c))''.
       (2) Conforming amendment.--Paragraph (2) of section 179C(e) 
     is amended by inserting ``shale, tar sands, or'' before 
     ``qualified fuels''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 210. EXTENSION OF SUSPENSION OF TAXABLE INCOME LIMIT ON 
                   PERCENTAGE DEPLETION FOR OIL AND NATURAL GAS 
                   PRODUCED FROM MARGINAL PROPERTIES.

       Subparagraph (H) of section 613A(c)(6) (relating to oil and 
     gas produced from marginal properties) is amended by striking 
     ``for any taxable year'' and all that follows and inserting 
     ``for any taxable year--
       ``(i) beginning after December 31, 1997, and before January 
     1, 2008, or
       ``(ii) beginning after December 31, 2008, and before 
     January 1, 2010.''.

     SEC. 211. TRANSPORTATION FRINGE BENEFIT TO BICYCLE COMMUTERS.

       (a) In General.--Paragraph (1) of section 132(f) is amended 
     by adding at the end the following:
       ``(D) Any qualified bicycle commuting reimbursement.''.
       (b) Limitation on Exclusion.--Paragraph (2) of section 
     132(f) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(C) the applicable annual limitation in the case of any 
     qualified bicycle commuting reimbursement.''.
       (c) Definitions.--Paragraph (5) of section 132(f) is 
     amended by adding at the end the following:
       ``(F) Definitions related to bicycle commuting 
     reimbursement.--
       ``(i) Qualified bicycle commuting reimbursement.--The term 
     `qualified bicycle commuting reimbursement' means, with 
     respect to any calendar year, any employer reimbursement 
     during the 15-month period beginning with the first day of 
     such calendar year for reasonable expenses incurred by the 
     employee during such calendar year for the purchase of a 
     bicycle and bicycle improvements, repair, and storage, if 
     such bicycle is regularly used for travel between the 
     employee's residence and place of employment.
       ``(ii) Applicable annual limitation.--The term `applicable 
     annual limitation' means, with respect to any employee for 
     any calendar year, the product of $20 multiplied by the 
     number of qualified bicycle commuting months during such 
     year.
       ``(iii) Qualified bicycle commuting month.--The term 
     `qualified bicycle commuting month' means, with respect to 
     any employee, any month during which such employee--

       ``(I) regularly uses the bicycle for a substantial portion 
     of the travel between the employee's residence and place of 
     employment, and
       ``(II) does not receive any benefit described in 
     subparagraph (A), (B), or (C) of paragraph (1).''.

       (d) Constructive Receipt of Benefit.--Paragraph (4) of 
     section 132(f) is amended by inserting ``(other than a 
     qualified bicycle commuting reimbursement)'' after 
     ``qualified transportation fringe''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

        TITLE III--ENERGY CONSERVATION AND EFFICIENCY PROVISIONS

     SEC. 301. QUALIFIED ENERGY CONSERVATION BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1, as amended by section 107, is amended by adding at 
     the end the following new section:

     ``SEC. 54D. QUALIFIED ENERGY CONSERVATION BONDS.

       ``(a) Qualified Energy Conservation Bond.--For purposes of 
     this subchapter, the term `qualified energy conservation 
     bond' means any bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for one or more qualified conservation 
     purposes,
       ``(2) the bond is issued by a State or local government, 
     and
       ``(3) the issuer designates such bond for purposes of this 
     section.
       ``(b) Reduced Credit Amount.--The annual credit determined 
     under section 54A(b) with respect to any qualified energy 
     conservation bond shall be 70 percent of the amount so 
     determined without regard to this subsection.
       ``(c) Limitation on Amount of Bonds Designated.--The 
     maximum aggregate face amount

[[Page 23046]]

     of bonds which may be designated under subsection (a) by any 
     issuer shall not exceed the limitation amount allocated to 
     such issuer under subsection (e).
       ``(d) National Limitation on Amount of Bonds Designated.--
     There is a national qualified energy conservation bond 
     limitation of $800,000,000.
       ``(e) Allocations.--
       ``(1) In general.--The limitation applicable under 
     subsection (d) shall be allocated by the Secretary among the 
     States in proportion to the population of the States.
       ``(2) Allocations to largest local governments.--
       ``(A) In general.--In the case of any State in which there 
     is a large local government, each such local government shall 
     be allocated a portion of such State's allocation which bears 
     the same ratio to the State's allocation (determined without 
     regard to this subparagraph) as the population of such large 
     local government bears to the population of such State.
       ``(B) Allocation of unused limitation to state.--The amount 
     allocated under this subsection to a large local government 
     may be reallocated by such local government to the State in 
     which such local government is located.
       ``(C) Large local government.--For purposes of this 
     section, the term `large local government' means any 
     municipality or county if such municipality or county has a 
     population of 100,000 or more.
       ``(3) Allocation to issuers; restriction on private 
     activity bonds.--Any allocation under this subsection to a 
     State or large local government shall be allocated by such 
     State or large local government to issuers within the State 
     in a manner that results in not less than 70 percent of the 
     allocation to such State or large local government being used 
     to designate bonds which are not private activity bonds.
       ``(f) Qualified Conservation Purpose.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified conservation 
     purpose' means any of the following:
       ``(A) Capital expenditures incurred for purposes of--
       ``(i) reducing energy consumption in publicly-owned 
     buildings by at least 20 percent,
       ``(ii) implementing green community programs,
       ``(iii) rural development involving the production of 
     electricity from renewable energy resources, or
       ``(iv) any qualified facility (as determined under section 
     45(d) without regard to paragraphs (8) and (10) thereof and 
     without regard to any placed in service date).
       ``(B) Expenditures with respect to research facilities, and 
     research grants, to support research in--
       ``(i) development of cellulosic ethanol or other nonfossil 
     fuels,
       ``(ii) technologies for the capture and sequestration of 
     carbon dioxide produced through the use of fossil fuels,
       ``(iii) increasing the efficiency of existing technologies 
     for producing nonfossil fuels,
       ``(iv) automobile battery technologies and other 
     technologies to reduce fossil fuel consumption in 
     transportation, or
       ``(v) technologies to reduce energy use in buildings.
       ``(C) Mass commuting facilities and related facilities that 
     reduce the consumption of energy, including expenditures to 
     reduce pollution from vehicles used for mass commuting.
       ``(D) Demonstration projects designed to promote the 
     commercialization of--
       ``(i) green building technology,
       ``(ii) conversion of agricultural waste for use in the 
     production of fuel or otherwise,
       ``(iii) advanced battery manufacturing technologies,
       ``(iv) technologies to reduce peak use of electricity, or
       ``(v) technologies for the capture and sequestration of 
     carbon dioxide emitted from combusting fossil fuels in order 
     to produce electricity.
       ``(E) Public education campaigns to promote energy 
     efficiency.
       ``(2) Special rules for private activity bonds.--For 
     purposes of this section, in the case of any private activity 
     bond, the term `qualified conservation purposes' shall not 
     include any expenditure which is not a capital expenditure.
       ``(g) Population.--
       ``(1) In general.--The population of any State or local 
     government shall be determined for purposes of this section 
     as provided in section 146(j) for the calendar year which 
     includes the date of the enactment of this section.
       ``(2) Special rule for counties.--In determining the 
     population of any county for purposes of this section, any 
     population of such county which is taken into account in 
     determining the population of any municipality which is a 
     large local government shall not be taken into account in 
     determining the population of such county.
       ``(h) Application to Indian Tribal Governments.--An Indian 
     tribal government shall be treated for purposes of this 
     section in the same manner as a large local government, 
     except that--
       ``(1) an Indian tribal government shall be treated for 
     purposes of subsection (e) as located within a State to the 
     extent of so much of the population of such government as 
     resides within such State, and
       ``(2) any bond issued by an Indian tribal government shall 
     be treated as a qualified energy conservation bond only if 
     issued as part of an issue the available project proceeds of 
     which are used for purposes for which such Indian tribal 
     government could issue bonds to which section 103(a) 
     applies.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d), as amended by this 
     Act, is amended to read as follows:
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond,
       ``(B) a new clean renewable energy bond, or
       ``(C) a qualified energy conservation bond,
     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2), as amended by 
     this Act, is amended to read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e),
       ``(ii) in the case of a new clean renewable energy bond, a 
     purpose specified in section 54C(a)(1), and
       ``(iii) in the case of a qualified energy conservation 
     bond, a purpose specified in section 54D(a)(1).''.
       (3) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by adding at the end the following new item:

``Sec. 54D. Qualified energy conservation bonds.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 302. CREDIT FOR NONBUSINESS ENERGY PROPERTY.

       (a) Extension of Credit.--Section 25C(g) is amended by 
     striking ``placed in service after December 31, 2007'' and 
     inserting ``placed in service--
       ``(1) after December 31, 2007, and before January 1, 2009, 
     or
       ``(2) after December 31, 2009.''.
       (b) Qualified Biomass Fuel Property.--
       (1) In general.--Section 25C(d)(3) is amended--
       (A) by striking ``and'' at the end of subparagraph (D),
       (B) by striking the period at the end of subparagraph (E) 
     and inserting ``, and'', and
       (C) by adding at the end the following new subparagraph:
       ``(F) a stove which uses the burning of biomass fuel to 
     heat a dwelling unit located in the United States and used as 
     a residence by the taxpayer, or to heat water for use in such 
     a dwelling unit, and which has a thermal efficiency rating of 
     at least 75 percent.''.
       (2) Biomass fuel.--Section 25C(d) is amended by adding at 
     the end the following new paragraph:
       ``(6) Biomass fuel.--The term `biomass fuel' means any 
     plant-derived fuel available on a renewable or recurring 
     basis, including agricultural crops and trees, wood and wood 
     waste and residues (including wood pellets), plants 
     (including aquatic plants), grasses, residues, and fibers.''.
       (c) Modification of Water Heater Requirements.--Section 
     25C(d)(3)(E) is amended by inserting ``or a thermal 
     efficiency of at least 90 percent'' after ``0.80''.
       (d) Coordination With Credit for Qualified Geothermal Heat 
     pump Property Expenditures.--
       (1) In general.--Paragraph (3) of section 25C(d), as 
     amended by subsections (b) and (c), is amended by striking 
     subparagraph (C) and by redesignating subparagraphs (D), (E), 
     and (F) as subparagraphs (C), (D), and (E), respectively.
       (2) Conforming amendment.--Subparagraph (C) of section 
     25C(d)(2) is amended to read as follows:
       ``(C) Requirements and standards for air conditioners and 
     heat pumps.--The standards and requirements prescribed by the 
     Secretary under subparagraph (B) with respect to the energy 
     efficiency ratio (EER) for central air conditioners and 
     electric heat pumps--
       ``(i) shall require measurements to be based on published 
     data which is tested by manufacturers at 95 degrees 
     Fahrenheit, and
       ``(ii) may be based on the certified data of the Air 
     Conditioning and Refrigeration Institute that are prepared in 
     partnership with the Consortium for Energy Efficiency.''.
       (e) Modification of Qualified Energy Efficiency 
     Improvements.--
       (1) In general.--Paragraph (1) of section 25C(c) is amended 
     by inserting ``, or an asphalt roof with appropriate cooling 
     granules,'' before ``which meet the Energy Star program 
     requirements''.
       (2) Building envelope component.--Subparagraph (D) of 
     section 25C(c)(2) is amended--
       (A) by inserting ``or asphalt roof'' after ``metal roof'', 
     and
       (B) by inserting ``or cooling granules'' after ``pigmented 
     coatings''.
       (f) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made this section shall apply to expenditures made 
     after December 31, 2008.
       (2) Modification of qualified energy efficiency 
     improvements.--The amendments made by subsection (e) shall 
     apply to property placed in service after the date of the 
     enactment of this Act.

     SEC. 303. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       Subsection (h) of section 179D is amended by striking 
     ``December 31, 2008'' and inserting ``December 31, 2013''.

[[Page 23047]]



     SEC. 304. 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. 305. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT 
                   FOR APPLIANCES PRODUCED AFTER 2007.

       (a) In General.--Subsection (b) of section 45M is amended 
     to read as follows:
       ``(b) Applicable Amount.--For purposes of subsection (a)--
       ``(1) Dishwashers.--The applicable amount is--
       ``(A) $45 in the case of a dishwasher which is manufactured 
     in calendar year 2008 or 2009 and which uses no more than 324 
     kilowatt hours per year and 5.8 gallons per cycle, and
       ``(B) $75 in the case of a dishwasher which is manufactured 
     in calendar year 2008, 2009, or 2010 and which uses no more 
     than 307 kilowatt hours per year and 5.0 gallons per cycle 
     (5.5 gallons per cycle for dishwashers designed for greater 
     than 12 place settings).
       ``(2) Clothes washers.--The applicable amount is--
       ``(A) $75 in the case of a residential top-loading clothes 
     washer manufactured in calendar year 2008 which meets or 
     exceeds a 1.72 modified energy factor and does not exceed a 
     8.0 water consumption factor,
       ``(B) $125 in the case of a residential top-loading clothes 
     washer manufactured in calendar year 2008 or 2009 which meets 
     or exceeds a 1.8 modified energy factor and does not exceed a 
     7.5 water consumption factor,
       ``(C) $150 in the case of a residential or commercial 
     clothes washer manufactured in calendar year 2008, 2009, or 
     2010 which meets or exceeds 2.0 modified energy factor and 
     does not exceed a 6.0 water consumption factor, and
       ``(D) $250 in the case of a residential or commercial 
     clothes washer manufactured in calendar year 2008, 2009, or 
     2010 which meets or exceeds 2.2 modified energy factor and 
     does not exceed a 4.5 water consumption factor.
       ``(3) Refrigerators.--The applicable amount is--
       ``(A) $50 in the case of a refrigerator which is 
     manufactured in calendar year 2008, and consumes at least 20 
     percent but not more than 22.9 percent less kilowatt hours 
     per year than the 2001 energy conservation standards,
       ``(B) $75 in the case of a refrigerator which is 
     manufactured in calendar year 2008 or 2009, and consumes at 
     least 23 percent but no more than 24.9 percent less kilowatt 
     hours per year than the 2001 energy conservation standards,
       ``(C) $100 in the case of a refrigerator which is 
     manufactured in calendar year 2008, 2009, or 2010, and 
     consumes at least 25 percent but not more than 29.9 percent 
     less kilowatt hours per year than the 2001 energy 
     conservation standards, and
       ``(D) $200 in the case of a refrigerator manufactured in 
     calendar year 2008, 2009, or 2010 and which consumes at least 
     30 percent less energy than the 2001 energy conservation 
     standards.''.
       (b) Eligible Production.--
       (1) Similar treatment for all appliances.--Subsection (c) 
     of section 45M is amended--
       (A) by striking paragraph (2),
       (B) by striking ``(1) In general'' and all that follows 
     through ``the eligible'' and inserting ``The eligible'',
       (C) by moving the text of such subsection in line with the 
     subsection heading, and
       (D) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and by moving such 
     paragraphs 2 ems to the left.
       (2) Modification of base period.--Paragraph (2) of section 
     45M(c), as amended by paragraph (1), is amended by striking 
     ``3-calendar year'' and inserting ``2-calendar year''.
       (c) Types of Energy Efficient Appliances.--Subsection (d) 
     of section 45M is amended to read as follows:
       ``(d) Types of Energy Efficient Appliance.--For purposes of 
     this section, the types of energy efficient appliances are--
       ``(1) dishwashers described in subsection (b)(1),
       ``(2) clothes washers described in subsection (b)(2), and
       ``(3) refrigerators described in subsection (b)(3).''.
       (d) Aggregate Credit Amount Allowed.--
       (1) Increase in limit.--Paragraph (1) of section 45M(e) is 
     amended to read as follows:
       ``(1) Aggregate credit amount allowed.--The aggregate 
     amount of credit allowed under subsection (a) with respect to 
     a taxpayer for any taxable year shall not exceed $75,000,000 
     reduced by the amount of the credit allowed under subsection 
     (a) to the taxpayer (or any predecessor) for all prior 
     taxable years beginning after December 31, 2007.''.
       (2) Exception for certain refrigerator and clothes 
     washers.--Paragraph (2) of section 45M(e) is amended to read 
     as follows:
       ``(2) Amount allowed for certain refrigerators and clothes 
     washers.--Refrigerators described in subsection (b)(3)(D) and 
     clothes washers described in subsection (b)(2)(D) shall not 
     be taken into account under paragraph (1).''.
       (e) Qualified Energy Efficient Appliances.--
       (1) In general.--Paragraph (1) of section 45M(f) is amended 
     to read as follows:
       ``(1) Qualified energy efficient appliance.--The term 
     `qualified energy efficient appliance' means--
       ``(A) any dishwasher described in subsection (b)(1),
       ``(B) any clothes washer described in subsection (b)(2), 
     and
       ``(C) any refrigerator described in subsection (b)(3).''.
       (2) Clothes washer.--Section 45M(f)(3) is amended by 
     inserting ``commercial'' before ``residential'' the second 
     place it appears.
       (3) Top-loading clothes washer.--Subsection (f) of section 
     45M is amended by redesignating paragraphs (4), (5), (6), and 
     (7) as paragraphs (5), (6), (7), and (8), respectively, and 
     by inserting after paragraph (3) the following new paragraph:
       ``(4) Top-loading clothes washer.--The term `top-loading 
     clothes washer' means a clothes washer which has the clothes 
     container compartment access located on the top of the 
     machine and which operates on a vertical axis.''.
       (4) Replacement of energy factor.--Section 45M(f)(6), as 
     redesignated by paragraph (3), is amended to read as follows:
       ``(6) Modified energy factor.--The term `modified energy 
     factor' means the modified energy factor established by the 
     Department of Energy for compliance with the Federal energy 
     conservation standard.''.
       (5) Gallons per cycle; water consumption factor.--Section 
     45M(f), as amended by paragraph (3), is amended by adding at 
     the end the following:
       ``(9) Gallons per cycle.--The term `gallons per cycle' 
     means, with respect to a dishwasher, the amount of water, 
     expressed in gallons, required to complete a normal cycle of 
     a dishwasher.
       ``(10) Water consumption factor.--The term `water 
     consumption factor' means, with respect to a clothes washer, 
     the quotient of the total weighted per-cycle water 
     consumption divided by the cubic foot (or liter) capacity of 
     the clothes washer.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to appliances produced after December 31, 2007.

     SEC. 306. ACCELERATED RECOVERY PERIOD FOR DEPRECIATION OF 
                   SMART METERS AND SMART GRID SYSTEMS.

       (a) In General.--Section 168(e)(3)(D) is amended by 
     striking ``and'' at the end of clause (i), by striking the 
     period at the end of clause (ii) and inserting a comma, and 
     by inserting after clause (ii) the following new clauses:
       ``(iii) any qualified smart electric meter, and
       ``(iv) any qualified smart electric grid system.''.
       (b) Definitions.--Section 168(i) is amended by inserting at 
     the end the following new paragraph:
       ``(18) Qualified smart electric meters.--
       ``(A) In general.--The term `qualified smart electric 
     meter' means any smart electric meter which--
       ``(i) is placed in service by a taxpayer who is a supplier 
     of electric energy or a provider of electric energy services, 
     and
       ``(ii) does not have a class life (determined without 
     regard to subsection (e)) of less than 10 years.
       ``(B) Smart electric meter.--For purposes of subparagraph 
     (A), the term `smart electric meter' means any time-based 
     meter and related communication equipment which is capable of 
     being used by the taxpayer as part of a system that--
       ``(i) measures and records electricity usage data on a 
     time-differentiated basis in at least 24 separate time 
     segments per day,
       ``(ii) provides for the exchange of information between 
     supplier or provider and the customer's electric meter in 
     support of time-based rates or other forms of demand 
     response,
       ``(iii) provides data to such supplier or provider so that 
     the supplier or provider can provide energy usage information 
     to customers electronically, and
       ``(iv) provides net metering.
       ``(19) Qualified smart electric grid systems.--
       ``(A) In general.--The term `qualified smart electric grid 
     system' means any smart grid property which--
       ``(i) is used as part of a system for electric distribution 
     grid communications, monitoring, and management placed in 
     service by a taxpayer who is a supplier of electric energy or 
     a provider of electric energy services, and
       ``(ii) does not have a class life (determined without 
     regard to subsection (e)) of less than 10 years.
       ``(B) Smart grid property.--For the purposes of 
     subparagraph (A), the term `smart grid property' means 
     electronics and related equipment that is capable of--
       ``(i) sensing, collecting, and monitoring data of or from 
     all portions of a utility's electric distribution grid,
       ``(ii) providing real-time, two-way communications to 
     monitor or manage such grid, and
       ``(iii) providing real time analysis of and event 
     prediction based upon collected data that can be used to 
     improve electric distribution system reliability, quality, 
     and performance.''.
       (c) Continued Application of 150 Percent Declining Balance 
     Method.--Paragraph (2) of section 168(b) is amended by 
     striking ``or'' at the end of subparagraph (B), by 
     redesignating subparagraph (C) as subparagraph (D), and by 
     inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) any property (other than property described in 
     paragraph (3)) which is a qualified smart electric meter or 
     qualified smart electric grid system, or''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

[[Page 23048]]



     SEC. 307. QUALIFIED GREEN BUILDING AND SUSTAINABLE DESIGN 
                   PROJECTS.

       (a) In General.--Paragraph (8) of section 142(l) is amended 
     by striking ``September 30, 2009'' and inserting ``September 
     30, 2012''.
       (b) Treatment of Current Refunding Bonds.--Paragraph (9) of 
     section 142(l) is amended by striking ``October 1, 2009'' and 
     inserting ``October 1, 2012''.
       (c) Accountability.--The second sentence of section 701(d) 
     of the American Jobs Creation Act of 2004 is amended by 
     striking ``issuance,'' and inserting ``issuance of the last 
     issue with respect to such project,''.

     SEC. 308. SPECIAL DEPRECIATION ALLOWANCE FOR CERTAIN REUSE 
                   AND RECYCLING PROPERTY.

       (a) In General.--Section 168 is amended by adding at the 
     end the following new subsection:
       ``(m) Special Allowance for Certain Reuse and Recycling 
     Property.--
       ``(1) In general.--In the case of any qualified reuse and 
     recycling property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of the qualified reuse and recycling property, 
     and
       ``(B) the adjusted basis of the qualified reuse and 
     recycling property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified reuse and recycling property.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified reuse and recycling 
     property' means any reuse and recycling property--
       ``(i) to which this section applies,
       ``(ii) which has a useful life of at least 5 years,
       ``(iii) the original use of which commences with the 
     taxpayer after August 31, 2008, and
       ``(iv) which is--

       ``(I) acquired by purchase (as defined in section 
     179(d)(2)) by the taxpayer after August 31, 2008, but only if 
     no written binding contract for the acquisition was in effect 
     before September 1, 2008, or
       ``(II) acquired by the taxpayer pursuant to a written 
     binding contract which was entered into after August 31, 
     2008.

       ``(B) Exceptions.--
       ``(i) Bonus depreciation property under subsection (k).--
     The term `qualified reuse and recycling property' shall not 
     include any property to which section 168(k) applies.
       ``(ii) Alternative depreciation property.--The term 
     `qualified reuse and recycling property' shall not include 
     any property to which the alternative depreciation system 
     under subsection (g) applies, determined without regard to 
     paragraph (7) of subsection (g) (relating to election to have 
     system apply).
       ``(iii) Election out.--If a taxpayer makes an election 
     under this clause with respect to any class of property for 
     any taxable year, this subsection shall not apply to all 
     property in such class placed in service during such taxable 
     year.
       ``(C) Special rule for self-constructed property.--In the 
     case of a taxpayer manufacturing, constructing, or producing 
     property for the taxpayer's own use, the requirements of 
     clause (iv) of subparagraph (A) shall be treated as met if 
     the taxpayer begins manufacturing, constructing, or producing 
     the property after August 31, 2008.
       ``(D) Deduction allowed in computing minimum tax.--For 
     purposes of determining alternative minimum taxable income 
     under section 55, the deduction under subsection (a) for 
     qualified reuse and recycling property shall be determined 
     under this section without regard to any adjustment under 
     section 56.
       ``(3) Definitions.--For purposes of this subsection--
       ``(A) Reuse and recycling property.--
       ``(i) In general.--The term `reuse and recycling property' 
     means any machinery and equipment (not including buildings or 
     real estate), along with all appurtenances thereto, including 
     software necessary to operate such equipment, which is used 
     exclusively to collect, distribute, or recycle qualified 
     reuse and recyclable materials.
       ``(ii) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport reuse and recyclable 
     materials.
       ``(B) Qualified reuse and recyclable materials.--
       ``(i) In general.--The term `qualified reuse and recyclable 
     materials' means scrap plastic, scrap glass, scrap textiles, 
     scrap rubber, scrap packaging, recovered fiber, scrap ferrous 
     and nonferrous metals, or electronic scrap generated by an 
     individual or business.
       ``(ii) Electronic scrap.--For purposes of clause (i), the 
     term `electronic scrap' means--

       ``(I) any cathode ray tube, flat panel screen, or similar 
     video display device with a screen size greater than 4 inches 
     measured diagonally, or
       ``(II) any central processing unit.

       ``(C) Recycling or recycle.--The term `recycling' or 
     `recycle' means that process (including sorting) by which 
     worn or superfluous materials are manufactured or processed 
     into specification grade commodities that are suitable for 
     use as a replacement or substitute for virgin materials in 
     manufacturing tangible consumer and commercial products, 
     including packaging.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after August 31, 
     2008.

                      TITLE IV--REVENUE PROVISIONS

     SEC. 401. LIMITATION OF DEDUCTION FOR INCOME ATTRIBUTABLE TO 
                   DOMESTIC PRODUCTION OF OIL, GAS, OR PRIMARY 
                   PRODUCTS THEREOF.

       (a) In General.--Section 199(d) is amended by redesignating 
     paragraph (9) as paragraph (10) and by inserting after 
     paragraph (8) the following new paragraph:
       ``(9) Special rule for taxpayers with oil related qualified 
     production activities income.--
       ``(A) In general.--If a taxpayer has oil related qualified 
     production activities income for any taxable year beginning 
     after 2009, the amount otherwise allowable as a deduction 
     under subsection (a) shall be reduced by 3 percent of the 
     least of--
       ``(i) the oil related qualified production activities 
     income of the taxpayer for the taxable year,
       ``(ii) the qualified production activities income of the 
     taxpayer for the taxable year, or
       ``(iii) taxable income (determined without regard to this 
     section).
       ``(B) Oil related qualified production activities income.--
     For purposes of this paragraph, the term `oil related 
     qualified production activities income' means for any taxable 
     year the qualified production activities income which is 
     attributable to the production, refining, processing, 
     transportation, or distribution of oil, gas, or any primary 
     product thereof during such taxable year.
       ``(C) Primary product.--For purposes of this paragraph, the 
     term `primary product' has the same meaning as when used in 
     section 927(a)(2)(C), as in effect before its repeal.''.
       (b) Conforming Amendment.--Section 199(d)(2) (relating to 
     application to individuals) is amended by striking 
     ``subsection (a)(1)(B)'' and inserting ``subsections 
     (a)(1)(B) and (d)(9)(A)(iii)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 402. ELIMINATION OF THE DIFFERENT TREATMENT OF FOREIGN 
                   OIL AND GAS EXTRACTION INCOME AND FOREIGN OIL 
                   RELATED INCOME FOR PURPOSES OF THE FOREIGN TAX 
                   CREDIT.

       (a) In General.--Subsections (a) and (b) of section 907 
     (relating to special rules in case of foreign oil and gas 
     income) are amended to read as follows:
       ``(a) Reduction in Amount Allowed as Foreign Tax Under 
     Section 901.--In applying section 901, the amount of any 
     foreign oil and gas taxes paid or accrued (or deemed to have 
     been paid) during the taxable year which would (but for this 
     subsection) be taken into account for purposes of section 901 
     shall be reduced by the amount (if any) by which the amount 
     of such taxes exceeds the product of--
       ``(1) the amount of the combined foreign oil and gas income 
     for the taxable year,
       ``(2) multiplied by--
       ``(A) in the case of a corporation, the percentage which is 
     equal to the highest rate of tax specified under section 
     11(b), or
       ``(B) in the case of an individual, a fraction the 
     numerator of which is the tax against which the credit under 
     section 901(a) is taken and the denominator of which is the 
     taxpayer's entire taxable income.
       ``(b) Combined Foreign Oil and Gas Income; Foreign Oil and 
     Gas Taxes.--For purposes of this section--
       ``(1) Combined foreign oil and gas income.--The term 
     `combined foreign oil and gas income' means, with respect to 
     any taxable year, the sum of--
       ``(A) foreign oil and gas extraction income, and
       ``(B) foreign oil related income.
       ``(2) Foreign oil and gas taxes.--The term `foreign oil and 
     gas taxes' means, with respect to any taxable year, the sum 
     of--
       ``(A) oil and gas extraction taxes, and
       ``(B) any income, war profits, and excess profits taxes 
     paid or accrued (or deemed to have been paid or accrued under 
     section 902 or 960) during the taxable year with respect to 
     foreign oil related income (determined without regard to 
     subsection (c)(4)) or loss which would be taken into account 
     for purposes of section 901 without regard to this 
     section.''.
       (b) Recapture of Foreign Oil and Gas Losses.--Paragraph (4) 
     of section 907(c) (relating to recapture of foreign oil and 
     gas extraction losses by recharacterizing later extraction 
     income) is amended to read as follows:
       ``(4) Recapture of foreign oil and gas losses by 
     recharacterizing later combined foreign oil and gas income.--
       ``(A) In general.--The combined foreign oil and gas income 
     of a taxpayer for a taxable year (determined without regard 
     to this paragraph) shall be reduced--
       ``(i) first by the amount determined under subparagraph 
     (B), and
       ``(ii) then by the amount determined under subparagraph 
     (C).

     The aggregate amount of such reductions shall be treated as 
     income (from sources without the United States) which is not 
     combined foreign oil and gas income.
       ``(B) Reduction for pre-2009 foreign oil extraction 
     losses.--The reduction under this paragraph shall be equal to 
     the lesser of--
       ``(i) the foreign oil and gas extraction income of the 
     taxpayer for the taxable year (determined without regard to 
     this paragraph), or
       ``(ii) the excess of--

       ``(I) the aggregate amount of foreign oil extraction losses 
     for preceding taxable years beginning after December 31, 
     1982, and before January 1, 2009, over
       ``(II) so much of such aggregate amount as was 
     recharacterized under this paragraph (as in

[[Page 23049]]

     effect before and after the date of the enactment of the 
     Energy Improvement and Extension Act of 2008) for preceding 
     taxable years beginning after December 31, 1982.

       ``(C) Reduction for post-2008 foreign oil and gas losses.--
     The reduction under this paragraph shall be equal to the 
     lesser of--
       ``(i) the combined foreign oil and gas income of the 
     taxpayer for the taxable year (determined without regard to 
     this paragraph), reduced by an amount equal to the reduction 
     under subparagraph (A) for the taxable year, or
       ``(ii) the excess of--

       ``(I) the aggregate amount of foreign oil and gas losses 
     for preceding taxable years beginning after December 31, 
     2008, over
       ``(II) so much of such aggregate amount as was 
     recharacterized under this paragraph for preceding taxable 
     years beginning after December 31, 2008.

       ``(D) Foreign oil and gas loss defined.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `foreign oil and gas loss' means the amount by which--

       ``(I) the gross income for the taxable year from sources 
     without the United States and its possessions (whether or not 
     the taxpayer chooses the benefits of this subpart for such 
     taxable year) taken into account in determining the combined 
     foreign oil and gas income for such year, is exceeded by
       ``(II) the sum of the deductions properly apportioned or 
     allocated thereto.

       ``(ii) Net operating loss deduction not taken into 
     account.--For purposes of clause (i), the net operating loss 
     deduction allowable for the taxable year under section 172(a) 
     shall not be taken into account.
       ``(iii) Expropriation and casualty losses not taken into 
     account.--For purposes of clause (i), there shall not be 
     taken into account--

       ``(I) any foreign expropriation loss (as defined in section 
     172(h) (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990)) for the 
     taxable year, or
       ``(II) any loss for the taxable year which arises from 
     fire, storm, shipwreck, or other casualty, or from theft,

     to the extent such loss is not compensated for by insurance 
     or otherwise.
       ``(iv) Foreign oil extraction loss.--For purposes of 
     subparagraph (B)(ii)(I), foreign oil extraction losses shall 
     be determined under this paragraph as in effect on the day 
     before the date of the enactment of the Energy Improvement 
     and Extension Act of 2008.''.
       (c) Carryback and Carryover of Disallowed Credits.--Section 
     907(f) (relating to carryback and carryover of disallowed 
     credits) is amended--
       (1) by striking ``oil and gas extraction taxes'' each place 
     it appears and inserting ``foreign oil and gas taxes'', and
       (2) by adding at the end the following new paragraph:
       ``(4) Transition rules for pre-2009 and 2009 disallowed 
     credits.--
       ``(A) Pre-2009 credits.--In the case of any unused credit 
     year beginning before January 1, 2009, this subsection shall 
     be applied to any unused oil and gas extraction taxes carried 
     from such unused credit year to a year beginning after 
     December 31, 2008--
       ``(i) by substituting `oil and gas extraction taxes' for 
     `foreign oil and gas taxes' each place it appears in 
     paragraphs (1), (2), and (3), and
       ``(ii) by computing, for purposes of paragraph (2)(A), the 
     limitation under subparagraph (A) for the year to which such 
     taxes are carried by substituting `foreign oil and gas 
     extraction income' for `foreign oil and gas income' in 
     subsection (a).
       ``(B) 2009 credits.--In the case of any unused credit year 
     beginning in 2009, the amendments made to this subsection by 
     the Energy Improvement and Extension Act of 2008 shall be 
     treated as being in effect for any preceding year beginning 
     before January 1, 2009, solely for purposes of determining 
     how much of the unused foreign oil and gas taxes for such 
     unused credit year may be deemed paid or accrued in such 
     preceding year.''.
       (d) Conforming Amendment.--Section 6501(i) is amended by 
     striking ``oil and gas extraction taxes'' and inserting 
     ``foreign oil and gas taxes''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 403. BROKER REPORTING OF CUSTOMER'S BASIS IN SECURITIES 
                   TRANSACTIONS.

       (a) In General.--
       (1) Broker reporting for securities transactions.--Section 
     6045 is amended by adding at the end the following new 
     subsection:
       ``(g) Additional Information Required in the Case of 
     Securities Transactions, etc.--
       ``(1) In general.--If a broker is otherwise required to 
     make a return under subsection (a) with respect to the gross 
     proceeds of the sale of a covered security, the broker shall 
     include in such return the information described in paragraph 
     (2).
       ``(2) Additional information required.--
       ``(A) In general.--The information required under paragraph 
     (1) to be shown on a return with respect to a covered 
     security of a customer shall include the customer's adjusted 
     basis in such security and whether any gain or loss with 
     respect to such security is long-term or short-term (within 
     the meaning of section 1222).
       ``(B) Determination of adjusted basis.--For purposes of 
     subparagraph (A)--
       ``(i) In general.--The customer's adjusted basis shall be 
     determined--

       ``(I) in the case of any security (other than any stock for 
     which an average basis method is permissible under section 
     1012), in accordance with the first-in first-out method 
     unless the customer notifies the broker by means of making an 
     adequate identification of the stock sold or transferred, and
       ``(II) in the case of any stock for which an average basis 
     method is permissible under section 1012, in accordance with 
     the broker's default method unless the customer notifies the 
     broker that he elects another acceptable method under section 
     1012 with respect to the account in which such stock is held.

       ``(ii) Exception for wash sales.--Except as otherwise 
     provided by the Secretary, the customer's adjusted basis 
     shall be determined without regard to section 1091 (relating 
     to loss from wash sales of stock or securities) unless the 
     transactions occur in the same account with respect to 
     identical securities.
       ``(3) Covered security.--For purposes of this subsection--
       ``(A) In general.--The term `covered security' means any 
     specified security acquired on or after the applicable date 
     if such security--
       ``(i) was acquired through a transaction in the account in 
     which such security is held, or
       ``(ii) was transferred to such account from an account in 
     which such security was a covered security, but only if the 
     broker received a statement under section 6045A with respect 
     to the transfer.
       ``(B) Specified security.--The term `specified security' 
     means--
       ``(i) any share of stock in a corporation,
       ``(ii) any note, bond, debenture, or other evidence of 
     indebtedness,
       ``(iii) any commodity, or contract or derivative with 
     respect to such commodity, if the Secretary determines that 
     adjusted basis reporting is appropriate for purposes of this 
     subsection, and
       ``(iv) any other financial instrument with respect to which 
     the Secretary determines that adjusted basis reporting is 
     appropriate for purposes of this subsection.
       ``(C) Applicable date.--The term `applicable date' means--
       ``(i) January 1, 2011, in the case of any specified 
     security which is stock in a corporation (other than any 
     stock described in clause (ii)),
       ``(ii) January 1, 2012, in the case of any stock for which 
     an average basis method is permissible under section 1012, 
     and
       ``(iii) January 1, 2013, or such later date determined by 
     the Secretary in the case of any other specified security.
       ``(4) Treatment of s corporations.--In the case of the sale 
     of a covered security acquired by an S corporation (other 
     than a financial institution) after December 31, 2011, such S 
     corporation shall be treated in the same manner as a 
     partnership for purposes of this section.
       ``(5) Special rules for short sales.--In the case of a 
     short sale, reporting under this section shall be made for 
     the year in which such sale is closed.''.
       (2) Broker information required with respect to options.--
     Section 6045, as amended by subsection (a), is amended by 
     adding at the end the following new subsection:
       ``(h) Application to Options on Securities.--
       ``(1) Exercise of option.--For purposes of this section, if 
     a covered security is acquired or disposed of pursuant to the 
     exercise of an option that was granted or acquired in the 
     same account as the covered security, the amount received 
     with respect to the grant or paid with respect to the 
     acquisition of such option shall be treated as an adjustment 
     to gross proceeds or as an adjustment to basis, as the case 
     may be.
       ``(2) Lapse or closing transaction.--In the case of the 
     lapse (or closing transaction (as defined in section 
     1234(b)(2)(A))) of an option on a specified security or the 
     exercise of a cash-settled option on a specified security, 
     reporting under subsections (a) and (g) with respect to such 
     option shall be made for the calendar year which includes the 
     date of such lapse, closing transaction, or exercise.
       ``(3) Prospective application.--Paragraphs (1) and (2) 
     shall not apply to any option which is granted or acquired 
     before January 1, 2013.
       ``(4) Definitions.--For purposes of this subsection, the 
     terms `covered security' and `specified security' shall have 
     the meanings given such terms in subsection (g)(3).''.
       (3) Extension of period for statements sent to customers.--
       (A) In general.--Subsection (b) of section 6045 is amended 
     by striking ``January 31'' and inserting ``February 15''.
       (B) Statements related to substitute payments.--Subsection 
     (d) of section 6045 is amended--
       (i) by striking ``at such time and'', and
       (ii) by inserting after ``other item.'' the following new 
     sentence: ``The written statement required under the 
     preceding sentence shall be furnished on or before February 
     15 of the year following the calendar year in which the 
     payment was made.''.
       (C) Other statements.--Subsection (b) of section 6045 is 
     amended by adding at the end the following: ``In the case of 
     a consolidated reporting statement (as defined in 
     regulations) with respect to any customer, any statement 
     which would otherwise be required to be furnished on or 
     before January 31 of a calendar year with respect to any item 
     reportable to the taxpayer shall instead be required to be 
     furnished on or before February 15 of such calendar year if 
     furnished with such consolidated reporting statement.''.
       (b) Determination of Basis of Certain Securities on Account 
     by Account or Average Basis Method.--Section 1012 is 
     amended--

[[Page 23050]]

       (1) by striking ``The basis of property'' and inserting the 
     following:
       ``(a) In General.--The basis of property'',
       (2) by striking ``The cost of real property'' and inserting 
     the following:
       ``(b) Special Rule for Apportioned Real Estate Taxes.--The 
     cost of real property'', and
       (3) by adding at the end the following new subsections:
       ``(c) Determinations by Account.--
       ``(1) In general.--In the case of the sale, exchange, or 
     other disposition of a specified security on or after the 
     applicable date, the conventions prescribed by regulations 
     under this section shall be applied on an account by account 
     basis.
       ``(2) Application to certain funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     any stock for which an average basis method is permissible 
     under section 1012 which is acquired before January 1, 2012, 
     shall be treated as a separate account from any such stock 
     acquired on or after such date.
       ``(B) Election fund for treatment as single account.--If a 
     fund described in subparagraph (A) elects to have this 
     subparagraph apply with respect to one or more of its 
     stockholders--
       ``(i) subparagraph (A) shall not apply with respect to any 
     stock in such fund held by such stockholders, and
       ``(ii) all stock in such fund which is held by such 
     stockholders shall be treated as covered securities described 
     in section 6045(g)(3) without regard to the date of the 
     acquisition of such stock.

     A rule similar to the rule of the preceding sentence shall 
     apply with respect to a broker holding such stock as a 
     nominee.
       ``(3) Definitions.--For purposes of this section, the terms 
     `specified security' and `applicable date' shall have the 
     meaning given such terms in section 6045(g).
       ``(d) Average Basis for Stock Acquired Pursuant to a 
     Dividend Reinvestment Plan.--
       ``(1) In general.--In the case of any stock acquired after 
     December 31, 2010, in connection with a dividend reinvestment 
     plan, the basis of such stock while held as part of such plan 
     shall be determined using one of the methods which may be 
     used for determining the basis of stock in an open-end fund.
       ``(2) Treatment after transfer.--In the case of the 
     transfer to another account of stock to which paragraph (1) 
     applies, such stock shall have a cost basis in such other 
     account equal to its basis in the dividend reinvestment plan 
     immediately before such transfer (properly adjusted for any 
     fees or other charges taken into account in connection with 
     such transfer).
       ``(3) Separate accounts; election for treatment as single 
     account.--Rules similar to the rules of subsection (c)(2) 
     shall apply for purposes of this subsection.
       ``(4) Dividend reinvestment plan.--For purposes of this 
     subsection--
       ``(A) In general.--The term `dividend reinvestment plan' 
     means any arrangement under which dividends on any stock are 
     reinvested in stock identical to the stock with respect to 
     which the dividends are paid.
       ``(B) Initial stock acquisition treated as acquired in 
     connection with plan.--Stock shall be treated as acquired in 
     connection with a dividend reinvestment plan if such stock is 
     acquired pursuant to such plan or if the dividends paid on 
     such stock are subject to such plan.''.
       (c) Information by Transferors To Aid Brokers.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6045 the 
     following new section:

     ``SEC. 6045A. INFORMATION REQUIRED IN CONNECTION WITH 
                   TRANSFERS OF COVERED SECURITIES TO BROKERS.

       ``(a) Furnishing of Information.--Every applicable person 
     which transfers to a broker (as defined in section 
     6045(c)(1)) a security which is a covered security (as 
     defined in section 6045(g)(3)) in the hands of such 
     applicable person shall furnish to such broker a written 
     statement in such manner and setting forth such information 
     as the Secretary may by regulations prescribe for purposes of 
     enabling such broker to meet the requirements of section 
     6045(g).
       ``(b) Applicable Person.--For purposes of subsection (a), 
     the term `applicable person' means--
       ``(1) any broker (as defined in section 6045(c)(1)), and
       ``(2) any other person as provided by the Secretary in 
     regulations.
       ``(c) Time for Furnishing Statement.--Except as otherwise 
     provided by the Secretary, any statement required by 
     subsection (a) shall be furnished not later than 15 days 
     after the date of the transfer described in such 
     subsection.''.
       (2) Assessable penalties.--Paragraph (2) of section 
     6724(d), as amended by the Housing Assistance Tax Act of 
     2008, is amended by redesignating subparagraphs (I) through 
     (DD) as subparagraphs (J) through (EE), respectively, and by 
     inserting after subparagraph (H) the following new 
     subparagraph:
       ``(I) section 6045A (relating to information required in 
     connection with transfers of covered securities to 
     brokers),''.
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6045 the 
     following new item:

``Sec. 6045A. Information required in connection with transfers of 
              covered securities to brokers.''.
       (d) Additional Issuer Information To Aid Brokers.--
       (1) In general.--Subpart B of part III of subchapter A of 
     chapter 61, as amended by subsection (b), is amended by 
     inserting after section 6045A the following new section:

     ``SEC. 6045B. RETURNS RELATING TO ACTIONS AFFECTING BASIS OF 
                   SPECIFIED SECURITIES.

       ``(a) In General.--According to the forms or regulations 
     prescribed by the Secretary, any issuer of a specified 
     security shall make a return setting forth--
       ``(1) a description of any organizational action which 
     affects the basis of such specified security of such issuer,
       ``(2) the quantitative effect on the basis of such 
     specified security resulting from such action, and
       ``(3) such other information as the Secretary may 
     prescribe.
       ``(b) Time for Filing Return.--Any return required by 
     subsection (a) shall be filed not later than the earlier of--
       ``(1) 45 days after the date of the action described in 
     subsection (a), or
       ``(2) January 15 of the year following the calendar year 
     during which such action occurred.
       ``(c) Statements To Be Furnished to Holders of Specified 
     Securities or Their Nominees.--According to the forms or 
     regulations prescribed by the Secretary, every person 
     required to make a return under subsection (a) with respect 
     to a specified security shall furnish to the nominee with 
     respect to the specified security (or certificate holder if 
     there is no nominee) a written statement showing--
       ``(1) the name, address, and phone number of the 
     information contact of the person required to make such 
     return,
       ``(2) the information required to be shown on such return 
     with respect to such security, and
       ``(3) such other information as the Secretary may 
     prescribe.

     The written statement required under the preceding sentence 
     shall be furnished to the holder on or before January 15 of 
     the year following the calendar year during which the action 
     described in subsection (a) occurred.
       ``(d) Specified Security.--For purposes of this section, 
     the term `specified security' has the meaning given such term 
     by section 6045(g)(3)(B). No return shall be required under 
     this section with respect to actions described in subsection 
     (a) with respect to a specified security which occur before 
     the applicable date (as defined in section 6045(g)(3)(C)) 
     with respect to such security.
       ``(e) Public Reporting in Lieu of Return.--The Secretary 
     may waive the requirements under subsections (a) and (c) with 
     respect to a specified security, if the person required to 
     make the return under subsection (a) makes publicly 
     available, in such form and manner as the Secretary 
     determines necessary to carry out the purposes of this 
     section--
       ``(1) the name, address, phone number, and email address of 
     the information contact of such person, and
       ``(2) the information described in paragraphs (1), (2), and 
     (3) of subsection (a).''.
       (2) Assessable penalties.--
       (A) Subparagraph (B) of section 6724(d)(1), as amended by 
     the Housing Assistance Tax Act of 2008, is amended by 
     redesignating clause (iv) and each of the clauses which 
     follow as clauses (v) through (xxiii), respectively, and by 
     inserting after clause (iii) the following new clause:
       ``(iv) section 6045B(a) (relating to returns relating to 
     actions affecting basis of specified securities),''.
       (B) Paragraph (2) of section 6724(d), as amended by the 
     Housing Assistance Tax Act of 2008 and by subsection (c)(2), 
     is amended by redesignating subparagraphs (J) through (EE) as 
     subparagraphs (K) through (FF), respectively, and by 
     inserting after subparagraph (I) the following new 
     subparagraph:
       ``(J) subsections (c) and (e) of section 6045B (relating to 
     returns relating to actions affecting basis of specified 
     securities),''.
       (3) Clerical amendment.--The table of sections for subpart 
     B of part III of subchapter A of chapter 61, as amended by 
     subsection (b)(3), is amended by inserting after the item 
     relating to section 6045A the following new item:

``Sec. 6045B. Returns relating to actions affecting basis of specified 
              securities.''.
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect on January 1, 2011.
       (2) Extension of period for statements sent to customers.--
     The amendments made by subsection (a)(3) shall apply to 
     statements required to be furnished after December 31, 2008.

     SEC. 404. 0.2 PERCENT FUTA SURTAX.

       (a) In General.--Section 3301 (relating to rate of tax) is 
     amended--
       (1) by striking ``through 2008'' in paragraph (1) and 
     inserting ``through 2009'', and
       (2) by striking ``calendar year 2009'' in paragraph (2) and 
     inserting ``calendar year 2010''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to wages paid after December 31, 2008.

     SEC. 405. INCREASE AND EXTENSION OF OIL SPILL LIABILITY TRUST 
                   FUND TAX.

       (a) Increase in Rate.--
       (1) In general.--Section 4611(c)(2)(B) (relating to rates) 
     is amended by striking ``is 5 cents a barrel.'' and inserting 
     ``is--
       ``(i) in the case of crude oil received or petroleum 
     products entered before January 1, 2017, 8 cents a barrel, 
     and
       ``(ii) in the case of crude oil received or petroleum 
     products entered after December 31, 2016, 9 cents a 
     barrel.''.

[[Page 23051]]

       (2) Effective date.--The amendment made by this subsection 
     shall apply on and after the first day of the first calendar 
     quarter beginning more than 60 days after the date of the 
     enactment of this Act.
       (b) Extension.--
       (1) In general.--Section 4611(f) (relating to application 
     of Oil Spill Liability Trust Fund financing rate) is amended 
     by striking paragraphs (2) and (3) and inserting the 
     following new paragraph:
       ``(2) Termination.--The Oil Spill Liability Trust Fund 
     financing rate shall not apply after December 31, 2017.''.
       (2) Conforming amendment.--Section 4611(f)(1) is amended by 
     striking ``paragraphs (2) and (3)'' and inserting ``paragraph 
     (2)''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.

      DIVISION B--TAX EXTENDERS AND ALTERNATIVE MINIMUM TAX RELIEF

     SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This division may be cited as the ``Tax 
     Extenders and Alternative Minimum Tax Relief Act of 2008''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this division 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 
     division is as follows:

      DIVISION B--TAX EXTENDERS AND ALTERNATIVE MINIMUM TAX RELIEF

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.
Sec. 103. Increase of AMT refundable credit amount for individuals with 
              long-term unused credits for prior year minimum tax 
              liability, etc.

            TITLE II--EXTENSION OF INDIVIDUAL TAX PROVISIONS

Sec. 201. Deduction for State and local sales taxes.
Sec. 202. Deduction of qualified tuition and related expenses.
Sec. 203. Deduction for certain expenses of elementary and secondary 
              school teachers.
Sec. 204. Additional standard deduction for real property taxes for 
              nonitemizers.
Sec. 205. Tax-free distributions from individual retirement plans for 
              charitable purposes.
Sec. 206. Treatment of certain dividends of regulated investment 
              companies.
Sec. 207. Stock in RIC for purposes of determining estates of 
              nonresidents not citizens.
Sec. 208. Qualified investment entities.

            TITLE III--EXTENSION OF 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; 15-year straight-line cost recovery for 
              certain improvements to retail space.
Sec. 306. Modification of tax treatment of certain payments to 
              controlling exempt organizations.
Sec. 307. Basis adjustment to stock of S corporations making charitable 
              contributions of property.
Sec. 308. Increase in limit on cover over of rum excise tax to Puerto 
              Rico and the Virgin Islands.
Sec. 309. Extension of economic development credit for American Samoa.
Sec. 310. Extension of mine rescue team training credit.
Sec. 311. Extension of election to expense advanced mine safety 
              equipment.
Sec. 312. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 313. Qualified zone academy bonds.
Sec. 314. Indian employment credit.
Sec. 315. Accelerated depreciation for business property on Indian 
              reservations.
Sec. 316. Railroad track maintenance.
Sec. 317. Seven-year cost recovery period for motorsports racing track 
              facility.
Sec. 318. Expensing of environmental remediation costs.
Sec. 319. Extension of work opportunity tax credit for Hurricane 
              Katrina employees.
Sec. 320. Extension of increased rehabilitation credit for structures 
              in the Gulf Opportunity Zone.
Sec. 321. Enhanced deduction for qualified computer contributions.
Sec. 322. Tax incentives for investment in the District of Columbia.
Sec. 323. Enhanced charitable deductions for contributions of food 
              inventory.
Sec. 324. Extension of enhanced charitable deduction for contributions 
              of book inventory.
Sec. 325. Extension and modification of duty suspension on wool 
              products; wool research fund; wool duty refunds.

          TITLE IV--EXTENSION OF TAX ADMINISTRATION PROVISIONS

Sec. 401. Permanent authority for undercover operations.
Sec. 402. Permanent authority for disclosure of information relating to 
              terrorist activities.

        TITLE V--ADDITIONAL TAX RELIEF AND OTHER TAX PROVISIONS

                     Subtitle A--General Provisions

Sec. 501. $8,500 income threshold used to calculate refundable portion 
              of child tax credit.
Sec. 502. Provisions related to film and television productions.
Sec. 503. Exemption from excise tax for certain wooden arrows designed 
              for use by children.
Sec. 504. Income averaging for amounts received in connection with the 
              Exxon Valdez litigation.
Sec. 505. Certain farming business machinery and equipment treated as 
              5-year property.
Sec. 506. Modification of penalty on understatement of taxpayer's 
              liability by tax return preparer.

 Subtitle B--Paul Wellstone and Pete Domenici Mental Health Parity and 
                      Addiction Equity Act of 2008

Sec. 511. Short title.
Sec. 512. Mental health parity.

                       TITLE VI--OTHER PROVISIONS

Sec. 601. Secure rural schools and community self-determination 
              program.
Sec. 602. Transfer to abandoned mine reclamation fund.

                       TITLE VII--DISASTER RELIEF

        Subtitle A--Heartland and Hurricane Ike Disaster Relief

Sec. 701. Short title.
Sec. 702. Temporary tax relief for areas damaged by 2008 Midwestern 
              severe storms, tornados, and flooding.
Sec. 703. Reporting requirements relating to disaster relief 
              contributions.
Sec. 704. Temporary tax-exempt bond financing and low-income housing 
              tax relief for areas damaged by Hurricane Ike.

                  Subtitle B--National Disaster Relief

Sec. 706. Losses attributable to federally declared disasters.
Sec. 707. Expensing of Qualified Disaster Expenses.
Sec. 708. Net operating losses attributable to federally declared 
              disasters.
Sec. 709. Waiver of certain mortgage revenue bond requirements 
              following federally declared disasters.
Sec. 710. Special depreciation allowance for qualified disaster 
              property.
Sec. 711. Increased expensing for qualified disaster assistance 
              property.
Sec. 712. Coordination with Heartland disaster relief.

TITLE VIII--SPENDING REDUCTIONS AND APPROPRIATE REVENUE RAISERS FOR NEW 
                           TAX RELIEF POLICY

Sec. 801. Nonqualified deferred compensation from certain tax 
              indifferent parties.

                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.

     SEC. 103. INCREASE OF AMT REFUNDABLE CREDIT AMOUNT FOR 
                   INDIVIDUALS WITH LONG-TERM UNUSED CREDITS FOR 
                   PRIOR YEAR MINIMUM TAX LIABILITY, ETC.

       (a) In General.--Paragraph (2) of section 53(e) is amended 
     to read as follows:
       ``(2) AMT refundable credit amount.--For purposes of 
     paragraph (1), the term `AMT refundable credit amount' means, 
     with respect to

[[Page 23052]]

     any taxable year, the amount (not in excess of the long-term 
     unused minimum tax credit for such taxable year) equal to the 
     greater of--
       ``(A) 50 percent of the long-term unused minimum tax credit 
     for such taxable year, or
       ``(B) the amount (if any) of the AMT refundable credit 
     amount determined under this paragraph for the taxpayer's 
     preceding taxable year (determined without regard to 
     subsection (f)(2)).''.
       (b) Treatment of Certain Underpayments, Interest, and 
     Penalties Attributable to the Treatment of Incentive Stock 
     Options.--Section 53 is amended by adding at the end the 
     following new subsection:
       ``(f) Treatment of Certain Underpayments, Interest, and 
     Penalties Attributable to the Treatment of Incentive Stock 
     Options.--
       ``(1) Abatement.--Any underpayment of tax outstanding on 
     the date of the enactment of this subsection which is 
     attributable to the application of section 56(b)(3) for any 
     taxable year ending before January 1, 2008, and any interest 
     or penalty with respect to such underpayment which is 
     outstanding on such date of enactment, is hereby abated. The 
     amount determined under subsection (b)(1) shall not include 
     any tax abated under the preceding sentence.
       ``(2) Increase in credit for certain interest and penalties 
     already paid.--The AMT refundable credit amount, and the 
     minimum tax credit determined under subsection (b), for the 
     taxpayer's first 2 taxable years beginning after December 31, 
     2007, shall each be increased by 50 percent of the aggregate 
     amount of the interest and penalties which were paid by the 
     taxpayer before the date of the enactment of this subsection 
     and which would (but for such payment) have been abated under 
     paragraph (1).''.
       (c) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2007.
       (2) Abatement.--Section 53(f)(1), as added by subsection 
     (b), shall take effect on the date of the enactment of this 
     Act.

            TITLE II--EXTENSION OF INDIVIDUAL TAX PROVISIONS

     SEC. 201. 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. 202. 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. 203. 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. 204. ADDITIONAL STANDARD DEDUCTION FOR REAL PROPERTY 
                   TAXES FOR NONITEMIZERS.

       (a) In General.--Subparagraph (C) of section 63(c)(1), as 
     added by the Housing Assistance Tax Act of 2008, is amended 
     by inserting ``or 2009'' after ``2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.

     SEC. 205. 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. 206. 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. 207. 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. 208. 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.

            TITLE III--EXTENSION OF BUSINESS TAX PROVISIONS

     SEC. 301. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

       (a) Extension.--
       (1) In general.--Section 41(h) (relating to termination) is 
     amended by striking ``December 31, 2007'' and inserting 
     ``December 31, 2009'' in paragraph (1)(B).
       (2) Conforming amendment.--Subparagraph (D) of section 
     45C(b)(1) (relating to special rule) is amended by striking 
     ``after December 31, 2007'' and inserting ``after December 
     31, 2009''.
       (b) Termination of Alternative Incremental Credit.--Section 
     41(h) is amended by redesignating paragraph (2) as paragraph 
     (3), and by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Termination of alternative incremental credit.--No 
     election under subsection (c)(4) shall apply to taxable years 
     beginning after December 31, 2008.''.
       (c) Modification of Alternative Simplified Credit.--
     Paragraph (5)(A) of section 41(c) (relating to election of 
     alternative simplified credit) is amended by striking ``12 
     percent'' and inserting ``14 percent (12 percent in the case 
     of taxable years ending before January 1, 2009)''.
       (d) Technical Correction.--Paragraph (3) of section 41(h) 
     is amended to read as follows:
       ``(2) Computation for taxable year in which credit 
     terminates.--In the case of any taxable year with respect to 
     which this section applies to a number of days which is less 
     than the total number of days in such taxable year--
       ``(A) the amount determined under subsection (c)(1)(B) with 
     respect to such taxable year shall be the amount which bears 
     the same ratio to such amount (determined without regard to 
     this paragraph) as the number of days in such taxable year to 
     which this section applies bears to the total number of days 
     in such taxable year, and
       ``(B) for purposes of subsection (c)(5), the average 
     qualified research expenses for the preceding 3 taxable years 
     shall be the amount which bears the same ratio to such 
     average qualified research expenses (determined without 
     regard to this paragraph) as the number of days in such 
     taxable year to which this section applies bears to the total 
     number of days in such taxable year.''.
       (e) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after December 31, 2007.
       (2) Extension.--The amendments made by subsection (a) 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 (C) 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; 15-YEAR 
                   STRAIGHT-LINE COST RECOVERY FOR CERTAIN 
                   IMPROVEMENTS TO RETAIL SPACE.

       (a) Extension of Leasehold and Restaurant Improvements.--
       (1) 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''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2007.
       (b) Treatment to Include New Construction.--
       (1) In general.--Paragraph (7) of section 168(e) (relating 
     to classification of property) is amended to read as follows:
       ``(7) Qualified restaurant property.--
       ``(A) In general.--The term `qualified restaurant property' 
     means any section 1250 property which is--
       ``(i) a building, if such building is placed in service 
     after December 31, 2008, and before January 1, 2010, or

[[Page 23053]]

       ``(ii) an improvement to a building,
     if more than 50 percent of the building's square footage is 
     devoted to preparation of, and seating for on-premises 
     consumption of, prepared meals.
       ``(B) Exclusion from bonus depreciation.--Property 
     described in this paragraph shall not be considered qualified 
     property for purposes of subsection (k).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property placed in service after December 31, 
     2008.
       (c) Recovery Period for Depreciation of Certain 
     Improvements to Retail Space.--
       (1) 15-year recovery period.--Section 168(e)(3)(E) 
     (relating to 15-year property) is amended by striking ``and'' 
     at the end of clause (vii), by striking the period at the end 
     of clause (viii) and inserting ``, and'', and by adding at 
     the end the following new clause:
       ``(ix) any qualified retail improvement property placed in 
     service after December 31, 2008, and before January 1, 
     2010.''.
       (2) Qualified retail improvement property.--Section 168(e) 
     is amended by adding at the end the following new paragraph:
       ``(8) Qualified retail improvement property.--
       ``(A) In general.--The term `qualified retail improvement 
     property' means any improvement to an interior portion of a 
     building which is nonresidential real property if--
       ``(i) such portion is open to the general public and is 
     used in the retail trade or business of selling tangible 
     personal property to the general public, and
       ``(ii) such improvement is placed in service more than 3 
     years after the date the building was first placed in 
     service.
       ``(B) Improvements made by owner.--In the case of an 
     improvement made by the owner of such improvement, such 
     improvement shall be qualified retail improvement property 
     (if at all) only so long as such improvement is held by such 
     owner. Rules similar to the rules under paragraph (6)(B) 
     shall apply for purposes of the preceding sentence.
       ``(C) Certain improvements not included.--Such term shall 
     not include any improvement for which the expenditure is 
     attributable to--
       ``(i) the enlargement of the building,
       ``(ii) any elevator or escalator,
       ``(iii) any structural component benefitting a common area, 
     or
       ``(iv) the internal structural framework of the building.
       ``(D) Exclusion from bonus depreciation.--Property 
     described in this paragraph shall not be considered qualified 
     property for purposes of subsection (k).
       ``(E) Termination.--Such term shall not include any 
     improvement placed in service after December 31, 2009.''.
       (3) Requirement to use straight line method.--Section 
     168(b)(3) is amended by adding at the end the following new 
     subparagraph:
       ``(I) Qualified retail improvement property described in 
     subsection (e)(8).''.
       (4) Alternative system.--The table contained in section 
     168(g)(3)(B) is amended by inserting after the item relating 
     to subparagraph (E)(viii) the following new item:

``(E)(ix)....................................................      39''.
 


       (5) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2008.

     SEC. 306. 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. 307. 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) 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. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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. 313. QUALIFIED ZONE ACADEMY BONDS.

       (a) In General.--Subpart I of part IV of subchapter A of 
     chapter 1 is amended by adding at the end the following new 
     section:

     ``SEC. 54E. QUALIFIED ZONE ACADEMY BONDS.

       ``(a) Qualified Zone Academy Bonds.--For purposes of this 
     subchapter, the term `qualified zone academy bond' means any 
     bond issued as part of an issue if--
       ``(1) 100 percent of the available project proceeds of such 
     issue are to be used for a qualified purpose with respect to 
     a qualified zone academy established by an eligible local 
     education agency,
       ``(2) the bond is issued by a State or local government 
     within the jurisdiction of which such academy is located, and
       ``(3) the issuer--
       ``(A) designates such bond for purposes of this section,
       ``(B) certifies that it has written assurances that the 
     private business contribution requirement of subsection (b) 
     will be met with respect to such academy, and
       ``(C) certifies that it has the written approval of the 
     eligible local education agency for such bond issuance.
       ``(b)  Private Business Contribution Requirement.--For 
     purposes of subsection (a), the private business contribution 
     requirement of this subsection is met with respect to any 
     issue if the eligible local education agency that established 
     the qualified zone academy has written commitments from 
     private entities to make qualified contributions having a 
     present value (as of the date of issuance of the issue) of 
     not less than 10 percent of the proceeds of the issue.
       ``(c) Limitation on Amount of Bonds Designated.--
       ``(1) National limitation.--There is a national zone 
     academy bond limitation for each calendar year. Such 
     limitation is $400,000,000 for 2008 and 2009, and, except as 
     provided in paragraph (4), zero thereafter.
       ``(2) Allocation of limitation.--The national zone academy 
     bond limitation for a calendar year shall be allocated by the 
     Secretary among the States on the basis of their respective 
     populations of individuals below the poverty line (as defined 
     by the Office of Management and Budget). The limitation 
     amount allocated to a State under the preceding sentence 
     shall be allocated by the State education agency to qualified 
     zone academies within such State.
       ``(3) Designation subject to limitation amount.--The 
     maximum aggregate face amount of bonds issued during any 
     calendar year which may be designated under subsection (a) 
     with respect to any qualified zone academy shall not exceed 
     the limitation amount allocated to such academy under 
     paragraph (2) for such calendar year.
       ``(4) Carryover of unused limitation.--
       ``(A) In general.--If for any calendar year--
       ``(i) the limitation amount for any State, exceeds
       ``(ii) the amount of bonds issued during such year which 
     are designated under subsection (a) with respect to qualified 
     zone academies within such State,

     the limitation amount for such State for the following 
     calendar year shall be increased by the amount of such 
     excess.
       ``(B) Limitation on carryover.--Any carryforward of a 
     limitation amount may be carried only to the first 2 years 
     following the unused limitation year. For purposes of the 
     preceding sentence, a limitation amount shall be treated as 
     used on a first-in first-out basis.
       ``(C) Coordination with section 1397e.--Any carryover 
     determined under section 1397E(e)(4) (relating to carryover 
     of unused limitation) with respect to any State to calendar 
     year 2008 or 2009 shall be treated for purposes of this 
     section as a carryover with respect to such State for such 
     calendar year under subparagraph (A), and the limitation of 
     subparagraph (B) shall apply to such carryover taking into 
     account the calendar years to which such carryover relates.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualified zone academy.--The term `qualified zone 
     academy' means any public school (or academic program within 
     a public school) which is established by and operated under 
     the supervision of an eligible local education agency to 
     provide education or training below the postsecondary level 
     if--
       ``(A) such public school or program (as the case may be) is 
     designed in cooperation with business to enhance the academic 
     curriculum, increase graduation and employment rates, and 
     better prepare students for the rigors of college and the 
     increasingly complex workforce,
       ``(B) students in such public school or program (as the 
     case may be) will be subject to the same academic standards 
     and assessments as other students educated by the eligible 
     local education agency,
       ``(C) the comprehensive education plan of such public 
     school or program is approved by the eligible local education 
     agency, and

[[Page 23054]]

       ``(D)(i) such public school is located in an empowerment 
     zone or enterprise community (including any such zone or 
     community designated after the date of the enactment of this 
     section), or
       ``(ii) there is a reasonable expectation (as of the date of 
     issuance of the bonds) that at least 35 percent of the 
     students attending such school or participating in such 
     program (as the case may be) will be eligible for free or 
     reduced-cost lunches under the school lunch program 
     established under the National School Lunch Act.
       ``(2) Eligible local education agency.--For purposes of 
     this section, the term `eligible local education agency' 
     means any local educational agency as defined in section 9101 
     of the Elementary and Secondary Education Act of 1965.
       ``(3) Qualified purpose.--The term `qualified purpose' 
     means, with respect to any qualified zone academy--
       ``(A) rehabilitating or repairing the public school 
     facility in which the academy is established,
       ``(B) providing equipment for use at such academy,
       ``(C) developing course materials for education to be 
     provided at such academy, and
       ``(D) training teachers and other school personnel in such 
     academy.
       ``(4) Qualified contributions.--The term `qualified 
     contribution' means any contribution (of a type and quality 
     acceptable to the eligible local education agency) of--
       ``(A) equipment for use in the qualified zone academy 
     (including state-of-the-art technology and vocational 
     equipment),
       ``(B) technical assistance in developing curriculum or in 
     training teachers in order to promote appropriate market 
     driven technology in the classroom,
       ``(C) services of employees as volunteer mentors,
       ``(D) internships, field trips, or other educational 
     opportunities outside the academy for students, or
       ``(E) any other property or service specified by the 
     eligible local education agency.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d), as amended by this 
     Act, is amended by striking ``or'' at the end of subparagraph 
     (B), by inserting ``or'' at the end of subparagraph (C), and 
     by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) a qualified zone academy bond,''.
       (2) Subparagraph (C) of section 54A(d)(2), as amended by 
     this Act, is amended by striking ``and'' at the end of clause 
     (ii), by striking the period at the end of clause (iii) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(iv) in the case of a qualified zone academy bond, a 
     purpose specified in section 54E(a)(1).''.
       (3) Section 1397E is amended by adding at the end the 
     following new subsection:
       ``(m) Termination.--This section shall not apply to any 
     obligation issued after the date of the enactment of the Tax 
     Extenders and Alternative Minimum Tax Relief Act of 2008.''.
       (4) The table of sections for subpart I of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

       ``Sec. 54E. Qualified zone academy bonds.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     SEC. 314. 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. 315. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATIONS.

       (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. 316. 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) Credit Allowed Against Alternative Minimum Tax.--
     Subparagraph (B) of section 38(c)(4), as amended by this Act, 
     is amended--
       (1) by redesignating clauses (v), (vi), and (vii) as 
     clauses (vi), (vii), and (viii), respectively, and
       (2) by inserting after clause (iv) the following new 
     clause:
       ``(v) the credit determined under section 45G,''.
       (c) Effective Dates.--
       (1) The amendment made by subsection (a) shall apply to 
     expenditures paid or incurred during taxable years beginning 
     after December 31, 2007.
       (2) The amendments made by subsection (b) shall apply to 
     credits determined under section 45G of the Internal Revenue 
     Code of 1986 in taxable years beginning after December 31, 
     2007, and to carrybacks of such credits.

     SEC. 317. 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 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. 318. 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. 319. 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.

     SEC. 320. EXTENSION OF INCREASED REHABILITATION CREDIT FOR 
                   STRUCTURES IN THE GULF OPPORTUNITY ZONE.

       (a) In General.--Subsection (h) of section 1400N is amended 
     by striking ``December 31, 2008'' and inserting ``December 
     31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to expenditures paid or incurred after the date 
     of the enactment of this Act.

     SEC. 321. ENHANCED DEDUCTION FOR QUALIFIED COMPUTER 
                   CONTRIBUTIONS.

       (a) In General.--Subparagraph (G) of section 170(e)(6) 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 during taxable years 
     beginning after December 31, 2007.

     SEC. 322. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) Designation of Zone.--
       (1) In general.--Subsection (f) of section 1400 is amended 
     by striking ``2007'' both places it appears and inserting 
     ``2009''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods beginning after December 31, 2007.
       (b) Tax-Exempt Economic Development Bonds.--
       (1) In general.--Subsection (b) of section 1400A is amended 
     by striking ``2007'' and inserting ``2009''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to bonds issued after December 31, 2007.
       (c) Zero Percent Capital Gains Rate.--
       (1) In general.--Subsection (b) of section 1400B is amended 
     by striking ``2008'' each place it appears and inserting 
     ``2010''.
       (2) Conforming amendments.--
       (A) Section 1400B(e)(2) is amended--
       (i) by striking ``2012'' and inserting ``2014'', and
       (ii) by striking ``2012'' in the heading thereof and 
     inserting ``2014''.
       (B) Section 1400B(g)(2) is amended by striking ``2012'' and 
     inserting ``2014''.
       (C) Section 1400F(d) is amended by striking ``2012'' and 
     inserting ``2014''.
       (3) Effective dates.--
       (A) Extension.--The amendments made by paragraph (1) shall 
     apply to acquisitions after December 31, 2007.
       (B) Conforming amendments.--The amendments made by 
     paragraph (2) shall take effect on the date of the enactment 
     of this Act.
       (d) First-Time Homebuyer Credit.--
       (1) In general.--Subsection (i) of section 1400C is amended 
     by striking ``2008'' and inserting ``2010''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property purchased after December 31, 2007.

     SEC. 323. ENHANCED CHARITABLE DEDUCTIONS FOR CONTRIBUTIONS OF 
                   FOOD INVENTORY.

       (a) Increased Amount of Deduction.--
       (1) 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''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to contributions made after December 31, 2007.
       (b) Temporary Suspension of Limitations on Charitable 
     Contributions.--
       (1) In general.--Section 170(b) is amended by adding at the 
     end the following new paragraph:
       ``(3) Temporary suspension of limitations on charitable 
     contributions.--In the case of a qualified farmer or rancher 
     (as defined in paragraph (1)(E)(v)), any charitable 
     contribution of food--
       ``(A) to which subsection (e)(3)(C) applies (without regard 
     to clause (ii) thereof), and
       ``(B) which is made during the period beginning on the date 
     of the enactment of this paragraph and before January 1, 
     2009,

     shall be treated for purposes of paragraph (1)(E) or (2)(B), 
     whichever is applicable, as if it were a qualified 
     conservation contribution which is made by a qualified farmer 
     or rancher and which otherwise meets the requirements of such 
     paragraph.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 324. 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''.

[[Page 23055]]

       (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. 325. EXTENSION AND MODIFICATION OF DUTY SUSPENSION ON 
                   WOOL PRODUCTS; WOOL RESEARCH FUND; WOOL DUTY 
                   REFUNDS.

       (a) Extension of Temporary Duty Reductions.--Each of the 
     following headings of the Harmonized Tariff Schedule of the 
     United States is amended by striking the date in the 
     effective period column and inserting ``12/31/2014'':
       (1) Heading 9902.51.11 (relating to fabrics of worsted 
     wool).
       (2) Heading 9902.51.13 (relating to yarn of combed wool).
       (3) Heading 9902.51.14 (relating to wool fiber, waste, 
     garnetted stock, combed wool, or wool top).
       (4) Heading 9902.51.15 (relating to fabrics of combed 
     wool).
       (5) Heading 9902.51.16 (relating to fabrics of combed 
     wool).
       (b) Extension of Duty Refunds and Wool Research Trust 
     Fund.--
       (1) In general.--Section 4002(c) of the Wool Suit and 
     Textile Trade Extension Act of 2004 (Public Law 108-429; 118 
     Stat. 2603) is amended--
       (A) in paragraph (3)(C), by striking ``2010'' and inserting 
     ``2015''; and
       (B) in paragraph (6)(A), by striking ``through 2009'' and 
     inserting ``through 2014''.
       (2) Sunset.--Section 506(f) of the Trade and Development 
     Act of 2000 (Public 106-200; 114 Stat. 303 (7 U.S.C. 7101 
     note)) is amended by striking ``2010'' and inserting 
     ``2015''.

          TITLE IV--EXTENSION OF TAX ADMINISTRATION PROVISIONS

     SEC. 401. 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. 402. PERMANENT AUTHORITY FOR DISCLOSURE OF INFORMATION 
                   RELATING TO TERRORIST ACTIVITIES.

       (a) Disclosure of Return Information to Apprise Appropriate 
     Officials of Terrorist Activities.--Subparagraph (C) of 
     section 6103(i)(3) is amended by striking clause (iv).
       (b) Disclosure Upon Request of Information Relating to 
     Terrorist Activities.--Paragraph (7) of section 6103(i) is 
     amended by striking subparagraph (E).
       (c) Effective Date.--The amendments made by this section 
     shall apply to disclosures after the date of the enactment of 
     this Act.

        TITLE V--ADDITIONAL TAX RELIEF AND OTHER TAX PROVISIONS

                     Subtitle A--General Provisions

     SEC. 501. $8,500 INCOME THRESHOLD USED TO CALCULATE 
                   REFUNDABLE PORTION OF CHILD TAX CREDIT.

       (a) In General.--Section 24(d) is amended by adding at the 
     end the following new paragraph:
       ``(4) Special rule for 2008.--Notwithstanding paragraph 
     (3), in the case of any taxable year beginning in 2008, the 
     dollar amount in effect for such taxable year under paragraph 
     (1)(B)(i) shall be $8,500.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 502. PROVISIONS RELATED TO FILM AND TELEVISION 
                   PRODUCTIONS.

       (a) 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''.
       (b) Modification of Limitation on Expensing.--Subparagraph 
     (A) of section 181(a)(2) is amended to read as follows:
       ``(A) In general.--Paragraph (1) shall not apply to so much 
     of the aggregate cost of any qualified film or television 
     production as exceeds $15,000,000.''.
       (c) Modifications to Deduction for Domestic Activities.--
       (1) Determination of w-2 wages.--Paragraph (2) of section 
     199(b) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Special rule for qualified film.--In the case of a 
     qualified film, such term shall include compensation for 
     services performed in the United States by actors, production 
     personnel, directors, and producers.''.
       (2) Definition of qualified film.--Paragraph (6) of section 
     199(c) is amended by adding at the end the following: ``A 
     qualified film shall include any copyrights, trademarks, or 
     other intangibles with respect to such film. The methods and 
     means of distributing a qualified film shall not affect the 
     availability of the deduction under this section.''.
       (3) Partnerships.--Subparagraph (A) of section 199(d)(1) is 
     amended by striking ``and'' at the end of clause (ii), by 
     striking the period at the end of clause (iii) and inserting 
     ``, and'', and by adding at the end the following new clause:
       ``(iv) in the case of each partner of a partnership, or 
     shareholder of an S corporation, who owns (directly or 
     indirectly) at least 20 percent of the capital interests in 
     such partnership or of the stock of such S corporation--

       ``(I) such partner or shareholder shall be treated as 
     having engaged directly in any film produced by such 
     partnership or S corporation, and
       ``(II) such partnership or S corporation shall be treated 
     as having engaged directly in any film produced by such 
     partner or shareholder.''.

       (d) Conforming Amendment.--Section 181(d)(3)(A) is amended 
     by striking ``actors'' and all that follows and inserting 
     ``actors, production personnel, directors, and producers.''.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to qualified film and television productions commencing after 
     December 31, 2007.
       (2) Deduction.--The amendments made by subsection (c) shall 
     apply to taxable years beginning after December 31, 2007.

     SEC. 503. EXEMPTION FROM EXCISE TAX FOR CERTAIN WOODEN ARROWS 
                   DESIGNED FOR USE BY CHILDREN.

       (a) In General.--Paragraph (2) of section 4161(b) is 
     amended by redesignating subparagraph (B) as subparagraph (C) 
     and by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Exemption for certain wooden arrow shafts.--
     Subparagraph (A) shall not apply to any shaft consisting of 
     all natural wood with no laminations or artificial means of 
     enhancing the spine of such shaft (whether sold separately or 
     incorporated as part of a finished or unfinished product) of 
     a type used in the manufacture of any arrow which after its 
     assembly--
       ``(i) measures \5/16\ of an inch or less in diameter, and
       ``(ii) is not suitable for use with a bow described in 
     paragraph (1)(A).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to shafts first sold after the date of enactment 
     of this Act.

     SEC. 504. INCOME AVERAGING FOR AMOUNTS RECEIVED IN CONNECTION 
                   WITH THE EXXON VALDEZ LITIGATION.

       (a) Income Averaging of Amounts Received From the Exxon 
     Valdez Litigation.--For purposes of section 1301 of the 
     Internal Revenue Code of 1986--
       (1) any qualified taxpayer who receives any qualified 
     settlement income in any taxable year shall be treated as 
     engaged in a fishing business (determined without regard to 
     the commercial nature of the business), and
       (2) such qualified settlement income shall be treated as 
     income attributable to such a fishing business for such 
     taxable year.
       (b) Contributions of Amounts Received to Retirement 
     Accounts.--
       (1) In general.--Any qualified taxpayer who receives 
     qualified settlement income during the taxable year may, at 
     any time before the end of the taxable year in which such 
     income was received, make one or more contributions to an 
     eligible retirement plan of which such qualified taxpayer is 
     a beneficiary in an aggregate amount not to exceed the lesser 
     of--
       (A) $100,000 (reduced by the amount of qualified settlement 
     income contributed to an eligible retirement plan in prior 
     taxable years pursuant to this subsection), or
       (B) the amount of qualified settlement income received by 
     the individual during the taxable year.
       (2) Time when contributions deemed made.--For purposes of 
     paragraph (1), a qualified taxpayer shall be deemed to have 
     made a contribution to an eligible retirement plan on the 
     last day of the taxable year in which such income is received 
     if the contribution is made on account of such taxable year 
     and is made not later than the time prescribed by law for 
     filing the return for such taxable year (not including 
     extensions thereof).
       (3) Treatment of contributions to eligible retirement 
     plans.--For purposes of the Internal Revenue Code of 1986, if 
     a contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income, then--
       (A) except as provided in paragraph (4)--
       (i) to the extent of such contribution, the qualified 
     settlement income shall not be included in taxable income, 
     and
       (ii) for purposes of section 72 of such Code, such 
     contribution shall not be considered to be investment in the 
     contract,
       (B) the qualified taxpayer shall, to the extent of the 
     amount of the contribution, be treated--
       (i) as having received the qualified settlement income--

       (I) in the case of a contribution to an individual 
     retirement plan (as defined under section 7701(a)(37) of such 
     Code), in a distribution described in section 408(d)(3) of 
     such Code, and
       (II) in the case of any other eligible retirement plan, in 
     an eligible rollover distribution (as defined under section 
     402(f)(2) of such Code), and

       (ii) as having transferred the amount to the eligible 
     retirement plan in a direct trustee to trustee transfer 
     within 60 days of the distribution,
       (C) section 408(d)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts treated as a 
     rollover under this paragraph, and
       (D) section 408A(c)(3)(B) of the Internal Revenue Code of 
     1986 shall not apply with respect to amounts contributed to a 
     Roth IRA (as defined under section 408A(b) of such Code) or a 
     designated Roth contribution to an applicable retirement plan 
     (within the meaning of section 402A of such Code) under this 
     paragraph.
       (4) Special rule for roth iras and roth 401(k)s.--For 
     purposes of the Internal Revenue Code of 1986, if a 
     contribution is made pursuant to paragraph (1) with respect 
     to qualified settlement income to a Roth IRA (as defined 
     under section 408A(b) of such Code) or as a designated Roth 
     contribution to an applicable retirement plan (within the 
     meaning of section 402A of such Code), then--

[[Page 23056]]

       (A) the qualified settlement income shall be includible in 
     taxable income, and
       (B) for purposes of section 72 of such Code, such 
     contribution shall be considered to be investment in the 
     contract.
       (5) Eligible retirement plan.--For purpose of this 
     subsection, the term ``eligible retirement plan'' has the 
     meaning given such term under section 402(c)(8)(B) of the 
     Internal Revenue Code of 1986.
       (c) Treatment of Qualified Settlement Income Under 
     Employment Taxes.--
       (1) SECA.--For purposes of chapter 2 of the Internal 
     Revenue Code of 1986 and section 211 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as self-employment 
     income.
       (2) FICA.--For purposes of chapter 21 of the Internal 
     Revenue Code of 1986 and section 209 of the Social Security 
     Act, no portion of qualified settlement income received by a 
     qualified taxpayer shall be treated as wages.
       (d) Qualified Taxpayer.--For purposes of this section, the 
     term ``qualified taxpayer'' means--
       (1) any individual who is a plaintiff in the civil action 
     In re Exxon Valdez, No. 89-095-CV (HRH) (Consolidated) (D. 
     Alaska); or
       (2) any individual who is a beneficiary of the estate of 
     such a plaintiff who--
       (A) acquired the right to receive qualified settlement 
     income from that plaintiff; and
       (B) was the spouse or an immediate relative of that 
     plaintiff.
       (e) Qualified Settlement Income.--For purposes of this 
     section, the term ``qualified settlement income'' means any 
     interest and punitive damage awards which are--
       (1) otherwise includible in taxable income, and
       (2) received (whether as lump sums or periodic payments) in 
     connection with the civil action In re Exxon Valdez, No. 89-
     095-CV (HRH) (Consolidated) (D. Alaska) (whether pre- or 
     post-judgment and whether related to a settlement or 
     judgment).

     SEC. 505. CERTAIN FARMING BUSINESS MACHINERY AND EQUIPMENT 
                   TREATED AS 5-YEAR PROPERTY.

       (a) In General.--Section 168(e)(3)(B) (defining 5-year 
     property) is amended by striking ``and'' at the end of clause 
     (v), by striking the period at the end of clause (vi)(III) 
     and inserting ``, and'', and by inserting after clause (vi) 
     the following new clause:
       ``(vii) any machinery or equipment (other than any grain 
     bin, cotton ginning asset, fence, or other land improvement) 
     which is used in a farming business (as defined in section 
     263A(e)(4)), the original use of which commences with the 
     taxpayer after December 31, 2008, and which is placed in 
     service before January 1, 2010.''.
       (b) Alternative System.--The table contained in section 
     168(g)(3)(B) (relating to special rule for certain property 
     assigned to classes) is amended by inserting after the item 
     relating to subparagraph (B)(iii) the following:

  (B)(vii)...................................................      10''.
 

       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2008.

     SEC. 506. MODIFICATION OF PENALTY ON UNDERSTATEMENT OF 
                   TAXPAYER'S LIABILITY BY TAX RETURN PREPARER.

       (a) In General.--Subsection (a) of section 6694 is amended 
     to read as follows:
       ``(a) Understatement Due to Unreasonable Positions.--
       ``(1) In general.--If a tax return preparer--
       ``(A) prepares any return or claim of refund with respect 
     to which any part of an understatement of liability is due to 
     a position described in paragraph (2), and
       ``(B) knew (or reasonably should have known) of the 
     position,

     such tax return preparer shall pay a penalty with respect to 
     each such return or claim in an amount equal to the greater 
     of $1,000 or 50 percent of the income derived (or to be 
     derived) by the tax return preparer with respect to the 
     return or claim.
       ``(2) Unreasonable position.--
       ``(A) In general.--Except as otherwise provided in this 
     paragraph, a position is described in this paragraph unless 
     there is or was substantial authority for the position.
       ``(B) Disclosed positions.--If the position was disclosed 
     as provided in section 6662(d)(2)(B)(ii)(I) and is not a 
     position to which subparagraph (C) applies, the position is 
     described in this paragraph unless there is a reasonable 
     basis for the position.
       ``(C) Tax shelters and reportable transactions.--If the 
     position is with respect to a tax shelter (as defined in 
     section 6662(d)(2)(C)(ii)) or a reportable transaction to 
     which section 6662A applies, the position is described in 
     this paragraph unless it is reasonable to believe that the 
     position would more likely than not be sustained on its 
     merits.
       ``(3) Reasonable cause exception.--No penalty shall be 
     imposed under this subsection if it is shown that there is 
     reasonable cause for the understatement and the tax return 
     preparer acted in good faith.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply--
       (1) in the case of a position other than a position 
     described in subparagraph (C) of section 6694(a)(2) of the 
     Internal Revenue Code of 1986 (as amended by this section), 
     to returns prepared after May 25, 2007, and
       (2) in the case of a position described in such 
     subparagraph (C), to returns prepared for taxable years 
     ending after the date of the enactment of this Act.

 Subtitle B--Paul Wellstone and Pete Domenici Mental Health Parity and 
                      Addiction Equity Act of 2008

     SEC. 511. SHORT TITLE.

       This subtitle may be cited as the ``Paul Wellstone and Pete 
     Domenici Mental Health Parity and Addiction Equity Act of 
     2008''.

     SEC. 512. MENTAL HEALTH PARITY.

       (a) Amendments to ERISA.--Section 712 of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1185a) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Financial requirements and treatment limitations.--
       ``(A) In general.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health or substance use disorder benefits, such plan 
     or coverage shall ensure that--
       ``(i) the financial requirements applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant financial requirements 
     applied to substantially all medical and surgical benefits 
     covered by the plan (or coverage), and there are no separate 
     cost sharing requirements that are applicable only with 
     respect to mental health or substance use disorder benefits; 
     and
       ``(ii) the treatment limitations applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant treatment limitations 
     applied to substantially all medical and surgical benefits 
     covered by the plan (or coverage) and there are no separate 
     treatment limitations that are applicable only with respect 
     to mental health or substance use disorder benefits.
       ``(B) Definitions.--In this paragraph:
       ``(i) Financial requirement.--The term `financial 
     requirement' includes deductibles, copayments, coinsurance, 
     and out-of-pocket expenses, but excludes an aggregate 
     lifetime limit and an annual limit subject to paragraphs (1) 
     and (2),
       ``(ii) Predominant.--A financial requirement or treatment 
     limit is considered to be predominant if it is the most 
     common or frequent of such type of limit or requirement.
       ``(iii) Treatment limitation.--The term `treatment 
     limitation' includes limits on the frequency of treatment, 
     number of visits, days of coverage, or other similar limits 
     on the scope or duration of treatment.
       ``(4) Availability of plan information.--The criteria for 
     medical necessity determinations made under the plan with 
     respect to mental health or substance use disorder benefits 
     (or the health insurance coverage offered in connection with 
     the plan with respect to such benefits) shall be made 
     available by the plan administrator (or the health insurance 
     issuer offering such coverage) in accordance with regulations 
     to any current or potential participant, beneficiary, or 
     contracting provider upon request. The reason for any denial 
     under the plan (or coverage) of reimbursement or payment for 
     services with respect to mental health or substance use 
     disorder benefits in the case of any participant or 
     beneficiary shall, on request or as otherwise required, be 
     made available by the plan administrator (or the health 
     insurance issuer offering such coverage) to the participant 
     or beneficiary in accordance with regulations.
       ``(5) Out-of-network providers.--In the case of a plan or 
     coverage that provides both medical and surgical benefits and 
     mental health or substance use disorder benefits, if the plan 
     or coverage provides coverage for medical or surgical 
     benefits provided by out-of-network providers, the plan or 
     coverage shall provide coverage for mental health or 
     substance use disorder benefits provided by out-of-network 
     providers in a manner that is consistent with the 
     requirements of this section.'';
       (2) in subsection (b), by amending paragraph (2) to read as 
     follows:
       ``(2) in the case of a group health plan (or health 
     insurance coverage offered in connection with such a plan) 
     that provides mental health or substance use disorder 
     benefits, as affecting the terms and conditions of the plan 
     or coverage relating to such benefits under the plan or 
     coverage, except as provided in subsection (a).'';
       (3) in subsection (c)--
       (A) in paragraph (1)(B)--
       (i) by inserting ``(or 1 in the case of an employer 
     residing in a State that permits small groups to include a 
     single individual)'' after ``at least 2'' the first place 
     that such appears; and
       (ii) by striking ``and who employs at least 2 employees on 
     the first day of the plan year''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Cost exemption.--
       ``(A) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health and substance use 
     disorder benefits under the plan (as determined and certified 
     under subparagraph (C)) by an amount that exceeds the 
     applicable percentage described in subparagraph (B) of the 
     actual total plan costs, the provisions of this section shall 
     not apply to such plan (or coverage) during the following 
     plan year, and such exemption shall apply to the plan (or 
     coverage) for 1 plan year. An employer may elect to continue 
     to apply

[[Page 23057]]

     mental health and substance use disorder parity pursuant to 
     this section with respect to the group health plan (or 
     coverage) involved regardless of any increase in total costs.
       ``(B) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     subparagraph shall be--
       ``(i) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(ii) 1 percent in the case of each subsequent plan year.
       ``(C) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under subparagraph (E).
       ``(D) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this paragraph, 
     determinations under subparagraph (A) shall be made after 
     such plan (or coverage) has complied with this section for 
     the first 6 months of the plan year involved.
       ``(E) Notification.--
       ``(i) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     subparagraph (C), qualifies for an exemption under this 
     paragraph, and elects to implement the exemption, shall 
     promptly notify the Secretary, the appropriate State 
     agencies, and participants and beneficiaries in the plan of 
     such election.
       ``(ii) Requirement.--A notification to the Secretary under 
     clause (i) shall include--

       ``(I) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this paragraph by such 
     plan (or coverage);
       ``(II) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health and substance use disorder 
     benefits under the plan; and
       ``(III) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health and substance use 
     disorder benefits under the plan.

       ``(iii) Confidentiality.--A notification to the Secretary 
     under clause (i) shall be confidential. The Secretary shall 
     make available, upon request and on not more than an annual 
     basis, an anonymous itemization of such notifications, that 
     includes--

       ``(I) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(II) a summary of the data received under clause (ii).

       ``(F) Audits by appropriate agencies.--To determine 
     compliance with this paragraph, the Secretary may audit the 
     books and records of a group health plan or health insurance 
     issuer relating to an exemption, including any actuarial 
     reports prepared pursuant to subparagraph (C), during the 6 
     year period following the notification of such exemption 
     under subparagraph (E). A State agency receiving a 
     notification under subparagraph (E) may also conduct such an 
     audit with respect to an exemption covered by such 
     notification.'';
       (4) in subsection (e), by striking paragraph (4) and 
     inserting the following:
       ``(4) Mental health benefits.--The term `mental health 
     benefits' means benefits with respect to services for mental 
     health conditions, as defined under the terms of the plan and 
     in accordance with applicable Federal and State law.
       ``(5) Substance use disorder benefits.--The term `substance 
     use disorder benefits' means benefits with respect to 
     services for substance use disorders, as defined under the 
     terms of the plan and in accordance with applicable Federal 
     and State law.'';
       (5) by striking subsection (f);
       (6) by inserting after subsection (e) the following:
       ``(f) Secretary Report.--The Secretary shall, by January 1, 
     2012, and every two years thereafter, submit to the 
     appropriate committees of Congress a report on compliance of 
     group health plans (and health insurance coverage offered in 
     connection with such plans) with the requirements of this 
     section. Such report shall include the results of any surveys 
     or audits on compliance of group health plans (and health 
     insurance coverage offered in connection with such plans) 
     with such requirements and an analysis of the reasons for any 
     failures to comply.
       ``(g) Notice and Assistance.--The Secretary, in cooperation 
     with the Secretaries of Health and Human Services and 
     Treasury, as appropriate, shall publish and widely 
     disseminate guidance and information for group health plans, 
     participants and beneficiaries, applicable State and local 
     regulatory bodies, and the National Association of Insurance 
     Commissioners concerning the requirements of this section and 
     shall provide assistance concerning such requirements and the 
     continued operation of applicable State law. Such guidance 
     and information shall inform participants and beneficiaries 
     of how they may obtain assistance under this section, 
     including, where appropriate, assistance from State consumer 
     and insurance agencies.'';
       (7) by striking ``mental health benefits'' and inserting 
     ``mental health and substance use disorder benefits'' each 
     place it appears in subsections (a)(1)(B)(i), (a)(1)(C), 
     (a)(2)(B)(i), and (a)(2)(C); and
       (8) by striking ``mental health benefits'' and inserting 
     ``mental health or substance use disorder benefits'' each 
     place it appears (other than in any provision amended by the 
     previous paragraph).
       (b) Amendments to Public Health Service Act.--Section 2705 
     of the Public Health Service Act (42 U.S.C. 300gg-5) is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Financial requirements and treatment limitations.--
       ``(A) In general.--In the case of a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan) that provides both medical and surgical benefits and 
     mental health or substance use disorder benefits, such plan 
     or coverage shall ensure that--
       ``(i) the financial requirements applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant financial requirements 
     applied to substantially all medical and surgical benefits 
     covered by the plan (or coverage), and there are no separate 
     cost sharing requirements that are applicable only with 
     respect to mental health or substance use disorder benefits; 
     and
       ``(ii) the treatment limitations applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant treatment limitations 
     applied to substantially all medical and surgical benefits 
     covered by the plan (or coverage) and there are no separate 
     treatment limitations that are applicable only with respect 
     to mental health or substance use disorder benefits.
       ``(B) Definitions.--In this paragraph:
       ``(i) Financial requirement.--The term `financial 
     requirement' includes deductibles, copayments, coinsurance, 
     and out-of-pocket expenses, but excludes an aggregate 
     lifetime limit and an annual limit subject to paragraphs (1) 
     and (2).
       ``(ii) Predominant.--A financial requirement or treatment 
     limit is considered to be predominant if it is the most 
     common or frequent of such type of limit or requirement.
       ``(iii) Treatment limitation.--The term `treatment 
     limitation' includes limits on the frequency of treatment, 
     number of visits, days of coverage, or other similar limits 
     on the scope or duration of treatment.
       ``(4) Availability of plan information.--The criteria for 
     medical necessity determinations made under the plan with 
     respect to mental health or substance use disorder benefits 
     (or the health insurance coverage offered in connection with 
     the plan with respect to such benefits) shall be made 
     available by the plan administrator (or the health insurance 
     issuer offering such coverage) in accordance with regulations 
     to any current or potential participant, beneficiary, or 
     contracting provider upon request. The reason for any denial 
     under the plan (or coverage) of reimbursement or payment for 
     services with respect to mental health or substance use 
     disorder benefits in the case of any participant or 
     beneficiary shall, on request or as otherwise required, be 
     made available by the plan administrator (or the health 
     insurance issuer offering such coverage) to the participant 
     or beneficiary in accordance with regulations.
       ``(5) Out-of-network providers.--In the case of a plan or 
     coverage that provides both medical and surgical benefits and 
     mental health or substance use disorder benefits, if the plan 
     or coverage provides coverage for medical or surgical 
     benefits provided by out-of-network providers, the plan or 
     coverage shall provide coverage for mental health or 
     substance use disorder benefits provided by out-of-network 
     providers in a manner that is consistent with the 
     requirements of this section.'';
       (2) in subsection (b), by amending paragraph (2) to read as 
     follows:
       ``(2) in the case of a group health plan (or health 
     insurance coverage offered in connection with such a plan) 
     that provides mental health or substance use disorder 
     benefits, as affecting the terms and conditions of the plan 
     or coverage relating to such benefits under the plan or 
     coverage, except as provided in subsection (a).'';
       (3) in subsection (c)--
       (A) in paragraph (1), by inserting before the period the 
     following: ``(as defined in section 2791(e)(4), except that 
     for purposes of this paragraph such term shall include 
     employers with 1 employee in the case of an employer residing 
     in a State that permits small groups to include a single 
     individual)''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Cost exemption.--
       ``(A) In general.--With respect to a group health plan (or 
     health insurance coverage offered in connection with such a 
     plan), if the application of this section to such plan (or 
     coverage) results in an increase for the plan year involved 
     of the actual total costs of coverage with respect to medical 
     and surgical benefits and mental health and substance use 
     disorder benefits under the plan (as determined and certified 
     under subparagraph (C)) by an amount that exceeds the 
     applicable percentage described in subparagraph (B) of the 
     actual total plan costs, the provisions of this section shall 
     not apply to such plan (or coverage) during the following 
     plan year, and such exemption shall

[[Page 23058]]

      apply to the plan (or coverage) for 1 plan year. An employer 
     may elect to continue to apply mental health and substance 
     use disorder parity pursuant to this section with respect to 
     the group health plan (or coverage) involved regardless of 
     any increase in total costs.
       ``(B) Applicable percentage.--With respect to a plan (or 
     coverage), the applicable percentage described in this 
     subparagraph shall be--
       ``(i) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(ii) 1 percent in the case of each subsequent plan year.
       ``(C) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan (or coverage) for 
     purposes of this section shall be made and certified by a 
     qualified and licensed actuary who is a member in good 
     standing of the American Academy of Actuaries. All such 
     determinations shall be in a written report prepared by the 
     actuary. The report, and all underlying documentation relied 
     upon by the actuary, shall be maintained by the group health 
     plan or health insurance issuer for a period of 6 years 
     following the notification made under subparagraph (E).
       ``(D) 6-month determinations.--If a group health plan (or a 
     health insurance issuer offering coverage in connection with 
     a group health plan) seeks an exemption under this paragraph, 
     determinations under subparagraph (A) shall be made after 
     such plan (or coverage) has complied with this section for 
     the first 6 months of the plan year involved.
       ``(E) Notification.--
       ``(i) In general.--A group health plan (or a health 
     insurance issuer offering coverage in connection with a group 
     health plan) that, based upon a certification described under 
     subparagraph (C), qualifies for an exemption under this 
     paragraph, and elects to implement the exemption, shall 
     promptly notify the Secretary, the appropriate State 
     agencies, and participants and beneficiaries in the plan of 
     such election.
       ``(ii) Requirement.--A notification to the Secretary under 
     clause (i) shall include--

       ``(I) a description of the number of covered lives under 
     the plan (or coverage) involved at the time of the 
     notification, and as applicable, at the time of any prior 
     election of the cost-exemption under this paragraph by such 
     plan (or coverage);
       ``(II) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health and substance use disorder 
     benefits under the plan; and
       ``(III) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health and substance use 
     disorder benefits under the plan.

       ``(iii) Confidentiality.--A notification to the Secretary 
     under clause (i) shall be confidential. The Secretary shall 
     make available, upon request and on not more than an annual 
     basis, an anonymous itemization of such notifications, that 
     includes--

       ``(I) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(II) a summary of the data received under clause (ii).

       ``(F) Audits by appropriate agencies.--To determine 
     compliance with this paragraph, the Secretary may audit the 
     books and records of a group health plan or health insurance 
     issuer relating to an exemption, including any actuarial 
     reports prepared pursuant to subparagraph (C), during the 6 
     year period following the notification of such exemption 
     under subparagraph (E). A State agency receiving a 
     notification under subparagraph (E) may also conduct such an 
     audit with respect to an exemption covered by such 
     notification.'';
       (4) in subsection (e), by striking paragraph (4) and 
     inserting the following:
       ``(4) Mental health benefits.--The term `mental health 
     benefits' means benefits with respect to services for mental 
     health conditions, as defined under the terms of the plan and 
     in accordance with applicable Federal and State law.
       ``(5) Substance use disorder benefits.--The term `substance 
     use disorder benefits' means benefits with respect to 
     services for substance use disorders, as defined under the 
     terms of the plan and in accordance with applicable Federal 
     and State law.'';
       (5) by striking subsection (f);
       (6) by striking ``mental health benefits'' and inserting 
     ``mental health and substance use disorder benefits'' each 
     place it appears in subsections (a)(1)(B)(i), (a)(1)(C), 
     (a)(2)(B)(i), and (a)(2)(C); and
       (7) by striking ``mental health benefits'' and inserting 
     ``mental health or substance use disorder benefits'' each 
     place it appears (other than in any provision amended by the 
     previous paragraph).
       (c) Amendments to Internal Revenue Code.--Section 9812 of 
     the Internal Revenue Code of 1986 is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Financial requirements and treatment limitations.--
       ``(A) In general.--In the case of a group health plan that 
     provides both medical and surgical benefits and mental health 
     or substance use disorder benefits, such plan shall ensure 
     that--
       ``(i) the financial requirements applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant financial requirements 
     applied to substantially all medical and surgical benefits 
     covered by the plan, and there are no separate cost sharing 
     requirements that are applicable only with respect to mental 
     health or substance use disorder benefits; and
       ``(ii) the treatment limitations applicable to such mental 
     health or substance use disorder benefits are no more 
     restrictive than the predominant treatment limitations 
     applied to substantially all medical and surgical benefits 
     covered by the plan and there are no separate treatment 
     limitations that are applicable only with respect to mental 
     health or substance use disorder benefits.
       ``(B) Definitions.--In this paragraph:
       ``(i) Financial requirement.--The term `financial 
     requirement' includes deductibles, copayments, coinsurance, 
     and out-of-pocket expenses, but excludes an aggregate 
     lifetime limit and an annual limit subject to paragraphs (1) 
     and (2),
       ``(ii) Predominant.--A financial requirement or treatment 
     limit is considered to be predominant if it is the most 
     common or frequent of such type of limit or requirement.
       ``(iii) Treatment limitation.--The term `treatment 
     limitation' includes limits on the frequency of treatment, 
     number of visits, days of coverage, or other similar limits 
     on the scope or duration of treatment.
       ``(4) Availability of plan information.--The criteria for 
     medical necessity determinations made under the plan with 
     respect to mental health or substance use disorder benefits 
     shall be made available by the plan administrator in 
     accordance with regulations to any current or potential 
     participant, beneficiary, or contracting provider upon 
     request. The reason for any denial under the plan of 
     reimbursement or payment for services with respect to mental 
     health or substance use disorder benefits in the case of any 
     participant or beneficiary shall, on request or as otherwise 
     required, be made available by the plan administrator to the 
     participant or beneficiary in accordance with regulations.
       ``(5) Out-of-network providers.--In the case of a plan that 
     provides both medical and surgical benefits and mental health 
     or substance use disorder benefits, if the plan provides 
     coverage for medical or surgical benefits provided by out-of-
     network providers, the plan shall provide coverage for mental 
     health or substance use disorder benefits provided by out-of-
     network providers in a manner that is consistent with the 
     requirements of this section.'';
       (2) in subsection (b), by amending paragraph (2) to read as 
     follows:
       ``(2) in the case of a group health plan that provides 
     mental health or substance use disorder benefits, as 
     affecting the terms and conditions of the plan relating to 
     such benefits under the plan, except as provided in 
     subsection (a).'';
       (3) in subsection (c)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Small employer exemption.--
       ``(A) In general.--This section shall not apply to any 
     group health plan for any plan year of a small employer.
       ``(B) Small employer.--For purposes of subparagraph (A), 
     the term `small employer' means, with respect to a calendar 
     year and a plan year, an employer who employed an average of 
     at least 2 (or 1 in the case of an employer residing in a 
     State that permits small groups to include a single 
     individual) but not more than 50 employees on business days 
     during the preceding calendar year. For purposes of the 
     preceding sentence, all persons treated as a single employer 
     under subsection (b), (c), (m), or (o) of section 414 shall 
     be treated as 1 employer and rules similar to rules of 
     subparagraphs (B) and (C) of section 4980D(d)(2) shall 
     apply.''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Cost exemption.--
       ``(A) In general.--With respect to a group health plan, if 
     the application of this section to such plan results in an 
     increase for the plan year involved of the actual total costs 
     of coverage with respect to medical and surgical benefits and 
     mental health and substance use disorder benefits under the 
     plan (as determined and certified under subparagraph (C)) by 
     an amount that exceeds the applicable percentage described in 
     subparagraph (B) of the actual total plan costs, the 
     provisions of this section shall not apply to such plan 
     during the following plan year, and such exemption shall 
     apply to the plan for 1 plan year. An employer may elect to 
     continue to apply mental health and substance use disorder 
     parity pursuant to this section with respect to the group 
     health plan involved regardless of any increase in total 
     costs.
       ``(B) Applicable percentage.--With respect to a plan, the 
     applicable percentage described in this subparagraph shall 
     be--
       ``(i) 2 percent in the case of the first plan year in which 
     this section is applied; and
       ``(ii) 1 percent in the case of each subsequent plan year.
       ``(C) Determinations by actuaries.--Determinations as to 
     increases in actual costs under a plan for purposes of this 
     section shall be made and certified by a qualified and 
     licensed actuary who is a member in good standing of the 
     American Academy of Actuaries. All such determinations shall 
     be in a written report prepared by the actuary. The report, 
     and all underlying documentation relied upon by the actuary, 
     shall be maintained by the group health plan for a period of 
     6 years following the notification made under subparagraph 
     (E).
       ``(D) 6-month determinations.--If a group health plan seeks 
     an exemption under this paragraph, determinations under 
     subparagraph (A)

[[Page 23059]]

     shall be made after such plan has complied with this section 
     for the first 6 months of the plan year involved.
       ``(E) Notification.--
       ``(i) In general.--A group health plan that, based upon a 
     certification described under subparagraph (C), qualifies for 
     an exemption under this paragraph, and elects to implement 
     the exemption, shall promptly notify the Secretary, the 
     appropriate State agencies, and participants and 
     beneficiaries in the plan of such election.
       ``(ii) Requirement.--A notification to the Secretary under 
     clause (i) shall include--

       ``(I) a description of the number of covered lives under 
     the plan involved at the time of the notification, and as 
     applicable, at the time of any prior election of the cost-
     exemption under this paragraph by such plan;
       ``(II) for both the plan year upon which a cost exemption 
     is sought and the year prior, a description of the actual 
     total costs of coverage with respect to medical and surgical 
     benefits and mental health and substance use disorder 
     benefits under the plan; and
       ``(III) for both the plan year upon which a cost exemption 
     is sought and the year prior, the actual total costs of 
     coverage with respect to mental health and substance use 
     disorder benefits under the plan.

       ``(iii) Confidentiality.--A notification to the Secretary 
     under clause (i) shall be confidential. The Secretary shall 
     make available, upon request and on not more than an annual 
     basis, an anonymous itemization of such notifications, that 
     includes--

       ``(I) a breakdown of States by the size and type of 
     employers submitting such notification; and
       ``(II) a summary of the data received under clause (ii).

       ``(F) Audits by appropriate agencies.--To determine 
     compliance with this paragraph, the Secretary may audit the 
     books and records of a group health plan relating to an 
     exemption, including any actuarial reports prepared pursuant 
     to subparagraph (C), during the 6 year period following the 
     notification of such exemption under subparagraph (E). A 
     State agency receiving a notification under subparagraph (E) 
     may also conduct such an audit with respect to an exemption 
     covered by such notification.'';
       (4) in subsection (e), by striking paragraph (4) and 
     inserting the following:
       ``(4) Mental health benefits.--The term `mental health 
     benefits' means benefits with respect to services for mental 
     health conditions, as defined under the terms of the plan and 
     in accordance with applicable Federal and State law.
       ``(5) Substance use disorder benefits.--The term `substance 
     use disorder benefits' means benefits with respect to 
     services for substance use disorders, as defined under the 
     terms of the plan and in accordance with applicable Federal 
     and State law.'';
       (5) by striking subsection (f);
       (6) by striking ``mental health benefits'' and inserting 
     ``mental health and substance use disorder benefits'' each 
     place it appears in subsections (a)(1)(B)(i), (a)(1)(C), 
     (a)(2)(B)(i), and (a)(2)(C); and
       (7) by striking ``mental health benefits'' and inserting 
     ``mental health or substance use disorder benefits'' each 
     place it appears (other than in any provision amended by the 
     previous paragraph).
       (d) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Secretaries of Labor, Health and 
     Human Services, and the Treasury shall issue regulations to 
     carry out the amendments made by subsections (a), (b), and 
     (c), respectively.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to group health plans for plan years 
     beginning after the date that is 1 year after the date of 
     enactment of this Act, regardless of whether regulations have 
     been issued to carry out such amendments by such effective 
     date, except that the amendments made by subsections (a)(5), 
     (b)(5), and (c)(5), relating to striking of certain sunset 
     provisions, shall take effect on January 1, 2009.
       (2) Special rule for collective bargaining agreements.--In 
     the case of a group health plan maintained pursuant to one or 
     more collective bargaining agreements between employee 
     representatives and one or more employers ratified before the 
     date of the enactment of this Act, the amendments made by 
     this section shall not apply to plan years beginning before 
     the later of--
       (A) the date on which the last of the collective bargaining 
     agreements relating to the plan terminates (determined 
     without regard to any extension thereof agreed to after the 
     date of the enactment of this Act), or
       (B) January 1, 2009.

     For purposes of subparagraph (A), any plan amendment made 
     pursuant to a collective bargaining agreement relating to the 
     plan which amends the plan solely to conform to any 
     requirement added by this section shall not be treated as a 
     termination of such collective bargaining agreement.
       (f) Assuring Coordination.--The Secretary of Health and 
     Human Services, the Secretary of Labor, and the Secretary of 
     the Treasury may ensure, through the execution or revision of 
     an interagency memorandum of understanding among such 
     Secretaries, that--
       (1) regulations, rulings, and interpretations issued by 
     such Secretaries relating to the same matter over which two 
     or more such Secretaries have responsibility under this 
     section (and the amendments made by this section) are 
     administered so as to have the same effect at all times; and
       (2) coordination of policies relating to enforcing the same 
     requirements through such Secretaries in order to have a 
     coordinated enforcement strategy that avoids duplication of 
     enforcement efforts and assigns priorities in enforcement.
       (g) Conforming Clerical Amendments.--
       (1) ERISA heading.--
       (A) In general.--The heading of section 712 of the Employee 
     Retirement Income Security Act of 1974 is amended to read as 
     follows:

     ``SEC. 712. PARITY IN MENTAL HEALTH AND SUBSTANCE USE 
                   DISORDER BENEFITS.''.

       (B) Clerical amendment.--The table of contents in section 1 
     of such Act is amended by striking the item relating to 
     section 712 and inserting the following new item:

``Sec. 712. Parity in mental health and substance use disorder 
              benefits.''.

       (2) PHSA heading.--The heading of section 2705 of the 
     Public Health Service Act is amended to read as follows:

     ``SEC. 2705. PARITY IN MENTAL HEALTH AND SUBSTANCE USE 
                   DISORDER BENEFITS.''.

       (3) IRC heading.--
       (A) In general.--The heading of section 9812 of the 
     Internal Revenue Code of 1986 is amended to read as follows:

     ``SEC. 9812. PARITY IN MENTAL HEALTH AND SUBSTANCE USE 
                   DISORDER BENEFITS.''.

       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of such Code is amended by 
     striking the item relating to section 9812 and inserting the 
     following new item:

``Sec. 9812. Parity in mental health and substance use disorder 
              benefits.''.

       (h) GAO Study on Coverage and Exclusion of Mental Health 
     and Substance Use Disorder Diagnoses.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study that analyzes the specific 
     rates, patterns, and trends in coverage and exclusion of 
     specific mental health and substance use disorder diagnoses 
     by health plans and health insurance. The study shall include 
     an analysis of--
       (A) specific coverage rates for all mental health 
     conditions and substance use disorders;
       (B) which diagnoses are most commonly covered or excluded;
       (C) whether implementation of this Act has affected trends 
     in coverage or exclusion of such diagnoses; and
       (D) the impact of covering or excluding specific diagnoses 
     on participants' and enrollees' health, their health care 
     coverage, and the costs of delivering health care.
       (2) Reports.--Not later than 3 years after the date of the 
     enactment of this Act, and 2 years after the date of 
     submission the first report under this paragraph, the 
     Comptroller General shall submit to Congress a report on the 
     results of the study conducted under paragraph (1).

                       TITLE VI--OTHER PROVISIONS

     SEC. 601. SECURE RURAL SCHOOLS AND COMMUNITY SELF-
                   DETERMINATION PROGRAM.

       (a) Reauthorization of the Secure Rural Schools and 
     Community Self-Determination Act of 2000.--The Secure Rural 
     Schools and Community Self-Determination Act of 2000 (16 
     U.S.C. 500 note; Public Law 106-393) is amended by striking 
     sections 1 through 403 and inserting the following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Secure Rural Schools and 
     Community Self-Determination Act of 2000'.

     ``SEC. 2. PURPOSES.

       ``The purposes of this Act are--
       ``(1) to stabilize and transition payments to counties to 
     provide funding for schools and roads that supplements other 
     available funds;
       ``(2) to make additional investments in, and create 
     additional employment opportunities through, projects that--
       ``(A)(i) improve the maintenance of existing 
     infrastructure;
       ``(ii) implement stewardship objectives that enhance forest 
     ecosystems; and
       ``(iii) restore and improve land health and water quality;
       ``(B) enjoy broad-based support; and
       ``(C) have objectives that may include--
       ``(i) road, trail, and infrastructure maintenance or 
     obliteration;
       ``(ii) soil productivity improvement;
       ``(iii) improvements in forest ecosystem health;
       ``(iv) watershed restoration and maintenance;
       ``(v) the restoration, maintenance, and improvement of 
     wildlife and fish habitat;
       ``(vi) the control of noxious and exotic weeds; and
       ``(vii) the reestablishment of native species; and
       ``(3) to improve cooperative relationships among--
       ``(A) the people that use and care for Federal land; and
       ``(B) the agencies that manage the Federal land.

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Adjusted share.--The term `adjusted share' means the 
     number equal to the quotient obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (8)(A) for all eligible 
     counties.

[[Page 23060]]

       ``(2) Base share.--The term `base share' means the number 
     equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(A) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 25-
     percent payments and safety net payments made to each 
     eligible State for each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (9)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(3) County payment.--The term `county payment' means the 
     payment for an eligible county calculated under section 
     101(b).
       ``(4) Eligible county.--The term `eligible county' means 
     any county that--
       ``(A) contains Federal land (as defined in paragraph (7)); 
     and
       ``(B) elects to receive a share of the State payment or the 
     county payment under section 102(b).
       ``(5) Eligibility period.--The term `eligibility period' 
     means fiscal year 1986 through fiscal year 1999.
       ``(6) Eligible state.--The term `eligible State' means a 
     State or territory of the United States that received a 25-
     percent payment for 1 or more fiscal years of the eligibility 
     period.
       ``(7) Federal land.--The term `Federal land' means--
       ``(A) land within the National Forest System, as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a)) exclusive of the 
     National Grasslands and land utilization projects designated 
     as National Grasslands administered pursuant to the Act of 
     July 22, 1937 (7 U.S.C. 1010-1012); and
       ``(B) such portions of the revested Oregon and California 
     Railroad and reconveyed Coos Bay Wagon Road grant land as are 
     or may hereafter come under the jurisdiction of the 
     Department of the Interior, which have heretofore or may 
     hereafter be classified as timberlands, and power-site land 
     valuable for timber, that shall be managed, except as 
     provided in the former section 3 of the Act of August 28, 
     1937 (50 Stat. 875; 43 U.S.C. 1181c), for permanent forest 
     production.
       ``(8) 50-percent adjusted share.--The term `50-percent 
     adjusted share' means the number equal to the quotient 
     obtained by dividing--
       ``(A) the number equal to the quotient obtained by 
     dividing--
       ``(i) the 50-percent base share for the eligible county; by
       ``(ii) the income adjustment for the eligible county; by
       ``(B) the number equal to the sum of the quotients obtained 
     under subparagraph (A) and paragraph (1)(A) for all eligible 
     counties.
       ``(9) 50-percent base share.--The term `50-percent base 
     share' means the number equal to the average of--
       ``(A) the quotient obtained by dividing--
       ``(i) the number of acres of Federal land described in 
     paragraph (7)(B) in each eligible county; by
       ``(ii) the total number acres of Federal land in all 
     eligible counties in all eligible States; and
       ``(B) the quotient obtained by dividing--
       ``(i) the amount equal to the average of the 3 highest 50-
     percent payments made to each eligible county during the 
     eligibility period; by
       ``(ii) the amount equal to the sum of the amounts 
     calculated under clause (i) and paragraph (2)(B)(i) for all 
     eligible counties in all eligible States during the 
     eligibility period.
       ``(10) 50-percent payment.--The term `50-percent payment' 
     means the payment that is the sum of the 50-percent share 
     otherwise paid to a county pursuant to title II of the Act of 
     August 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. 1181f), 
     and the payment made to a county pursuant to the Act of May 
     24, 1939 (chapter 144; 53 Stat. 753; 43 U.S.C. 1181f-1 et 
     seq.).
       ``(11) Full funding amount.--The term `full funding amount' 
     means--
       ``(A) $500,000,000 for fiscal year 2008; and
       ``(B) for fiscal year 2009 and each fiscal year thereafter, 
     the amount that is equal to 90 percent of the full funding 
     amount for the preceding fiscal year.
       ``(12) Income adjustment.--The term `income adjustment' 
     means the square of the quotient obtained by dividing--
       ``(A) the per capita personal income for each eligible 
     county; by
       ``(B) the median per capita personal income of all eligible 
     counties.
       ``(13) Per capita personal income.--The term `per capita 
     personal income' means the most recent per capita personal 
     income data, as determined by the Bureau of Economic 
     Analysis.
       ``(14) Safety net payments.--The term `safety net payments' 
     means the special payment amounts paid to States and counties 
     required by section 13982 or 13983 of the Omnibus Budget 
     Reconciliation Act of 1993 (Public Law 103-66; 16 U.S.C. 500 
     note; 43 U.S.C. 1181f note).
       ``(15) Secretary concerned.--The term `Secretary concerned' 
     means--
       ``(A) the Secretary of Agriculture or the designee of the 
     Secretary of Agriculture with respect to the Federal land 
     described in paragraph (7)(A); and
       ``(B) the Secretary of the Interior or the designee of the 
     Secretary of the Interior with respect to the Federal land 
     described in paragraph (7)(B).
       ``(16) State payment.--The term `State payment' means the 
     payment for an eligible State calculated under section 
     101(a).
       ``(17) 25-percent payment.--The term `25-percent payment' 
     means the payment to States required by the sixth paragraph 
     under the heading of `FOREST SERVICE' in the Act of May 23, 
     1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act 
     of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500).

 ``TITLE I--SECURE PAYMENTS FOR STATES AND COUNTIES CONTAINING FEDERAL 
                                  LAND

     ``SEC. 101. SECURE PAYMENTS FOR STATES CONTAINING FEDERAL 
                   LAND.

       ``(a) State Payment.--For each of fiscal years 2008 through 
     2011, the Secretary of Agriculture shall calculate for each 
     eligible State an amount equal to the sum of the products 
     obtained by multiplying--
       ``(1) the adjusted share for each eligible county within 
     the eligible State; by
       ``(2) the full funding amount for the fiscal year.
       ``(b) County Payment.--For each of fiscal years 2008 
     through 2011, the Secretary of the Interior shall calculate 
     for each eligible county that received a 50-percent payment 
     during the eligibility period an amount equal to the product 
     obtained by multiplying--
       ``(1) the 50-percent adjusted share for the eligible 
     county; by
       ``(2) the full funding amount for the fiscal year.

     ``SEC. 102. PAYMENTS TO STATES AND COUNTIES.

       ``(a) Payment Amounts.--Except as provided in section 103, 
     the Secretary of the Treasury shall pay to--
       ``(1) a State or territory of the United States an amount 
     equal to the sum of the amounts elected under subsection (b) 
     by each county within the State or territory for--
       ``(A) if the county is eligible for the 25-percent payment, 
     the share of the 25-percent payment; or
       ``(B) the share of the State payment of the eligible 
     county; and
       ``(2) a county an amount equal to the amount elected under 
     subsection (b) by each county for--
       ``(A) if the county is eligible for the 50-percent payment, 
     the 50-percent payment; or
       ``(B) the county payment for the eligible county.
       ``(b) Election To Receive Payment Amount.--
       ``(1) Election; submission of results.--
       ``(A) In general.--The election to receive a share of the 
     State payment, the county payment, a share of the State 
     payment and the county payment, a share of the 25-percent 
     payment, the 50-percent payment, or a share of the 25-percent 
     payment and the 50-percent payment, as applicable, shall be 
     made at the discretion of each affected county by August 1, 
     2008 (or as soon thereafter as the Secretary concerned 
     determines is practicable), and August 1 of each second 
     fiscal year thereafter, in accordance with paragraph (2), and 
     transmitted to the Secretary concerned by the Governor of 
     each eligible State.
       ``(B) Failure to transmit.--If an election for an affected 
     county is not transmitted to the Secretary concerned by the 
     date specified under subparagraph (A), the affected county 
     shall be considered to have elected to receive a share of the 
     State payment, the county payment, or a share of the State 
     payment and the county payment, as applicable.
       ``(2) Duration of election.--
       ``(A) In general.--A county election to receive a share of 
     the 25-percent payment or 50-percent payment, as applicable, 
     shall be effective for 2 fiscal years.
       ``(B) Full funding amount.--If a county elects to receive a 
     share of the State payment or the county payment, the 
     election shall be effective for all subsequent fiscal years 
     through fiscal year 2011.
       ``(3) Source of payment amounts.--The payment to an 
     eligible State or eligible county under this section for a 
     fiscal year shall be derived from--
       ``(A) any amounts that are appropriated to carry out this 
     Act;
       ``(B) any revenues, fees, penalties, or miscellaneous 
     receipts, exclusive of deposits to any relevant trust fund, 
     special account, or permanent operating funds, received by 
     the Federal Government from activities by the Bureau of Land 
     Management or the Forest Service on the applicable Federal 
     land; and
       ``(C) to the extent of any shortfall, out of any amounts in 
     the Treasury of the United States not otherwise appropriated.
       ``(c) Distribution and Expenditure of Payments.--
       ``(1) Distribution method.--A State that receives a payment 
     under subsection (a) for Federal land described in section 
     3(7)(A) shall distribute the appropriate payment amount among 
     the appropriate counties in the State in accordance with--
       ``(A) the Act of May 23, 1908 (16 U.S.C. 500); and
       ``(B) section 13 of the Act of March 1, 1911 (36 Stat. 963; 
     16 U.S.C. 500).
       ``(2) Expenditure purposes.--Subject to subsection (d), 
     payments received by a State under subsection (a) and 
     distributed to counties in accordance with paragraph (1) 
     shall be expended as required by the laws referred to in 
     paragraph (1).
       ``(d) Expenditure Rules for Eligible Counties.--
       ``(1) Allocations.--

[[Page 23061]]

       ``(A) Use of portion in same manner as 25-percent payment 
     or 50-percent payment, as applicable.--Except as provided in 
     paragraph (3)(B), if an eligible county elects to receive its 
     share of the State payment or the county payment, not less 
     than 80 percent, but not more than 85 percent, of the funds 
     shall be expended in the same manner in which the 25-percent 
     payments or 50-percent payment, as applicable, are required 
     to be expended.
       ``(B) Election as to use of balance.--Except as provided in 
     subparagraph (C), an eligible county shall elect to do 1 or 
     more of the following with the balance of any funds not 
     expended pursuant to subparagraph (A):
       ``(i) Reserve any portion of the balance for projects in 
     accordance with title II.
       ``(ii) Reserve not more than 7 percent of the total share 
     for the eligible county of the State payment or the county 
     payment for projects in accordance with title III.
       ``(iii) Return the portion of the balance not reserved 
     under clauses (i) and (ii) to the Treasury of the United 
     States.
       ``(C) Counties with modest distributions.--In the case of 
     each eligible county to which more than $100,000, but less 
     than $350,000, is distributed for any fiscal year pursuant to 
     either or both of paragraphs (1)(B) and (2)(B) of subsection 
     (a), the eligible county, with respect to the balance of any 
     funds not expended pursuant to subparagraph (A) for that 
     fiscal year, shall--
       ``(i) reserve any portion of the balance for--

       ``(I) carrying out projects under title II;
       ``(II) carrying out projects under title III; or
       ``(III) a combination of the purposes described in 
     subclauses (I) and (II); or

       ``(ii) return the portion of the balance not reserved under 
     clause (i) to the Treasury of the United States.
       ``(2) Distribution of funds.--
       ``(A) In general.--Funds reserved by an eligible county 
     under subparagraph (B)(i) or (C)(i) of paragraph (1) for 
     carrying out projects under title II shall be deposited in a 
     special account in the Treasury of the United States.
       ``(B) Availability.--Amounts deposited under subparagraph 
     (A) shall--
       ``(i) be available for expenditure by the Secretary 
     concerned, without further appropriation; and
       ``(ii) remain available until expended in accordance with 
     title II.
       ``(3) Election.--
       ``(A) Notification.--
       ``(i) In general.--An eligible county shall notify the 
     Secretary concerned of an election by the eligible county 
     under this subsection not later than September 30, 2008 (or 
     as soon thereafter as the Secretary concerned determines is 
     practicable), and each September 30 thereafter for each 
     succeeding fiscal year.
       ``(ii) Failure to elect.--Except as provided in 
     subparagraph (B), if the eligible county fails to make an 
     election by the date specified in clause (i), the eligible 
     county shall--

       ``(I) be considered to have elected to expend 85 percent of 
     the funds in accordance with paragraph (1)(A); and
       ``(II) return the balance to the Treasury of the United 
     States.

       ``(B) Counties with minor distributions.--In the case of 
     each eligible county to which less than $100,000 is 
     distributed for any fiscal year pursuant to either or both of 
     paragraphs (1)(B) and (2)(B) of subsection (a), the eligible 
     county may elect to expend all the funds in the same manner 
     in which the 25-percent payments or 50-percent payments, as 
     applicable, are required to be expended.
       ``(e) Time for Payment.--The payments required under this 
     section for a fiscal year shall be made as soon as 
     practicable after the end of that fiscal year.

     ``SEC. 103. TRANSITION PAYMENTS TO STATES.

       ``(a) Definitions.--In this section:
       ``(1) Adjusted amount.--The term `adjusted amount' means, 
     with respect to a covered State--
       ``(A) for fiscal year 2008, 90 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2008; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2008;
       ``(B) for fiscal year 2009, 81 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2009; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2009; and
       ``(C) for fiscal year 2010, 73 percent of--
       ``(i) the sum of the amounts paid for fiscal year 2006 
     under section 102(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the covered State that have 
     elected under section 102(b) to receive a share of the State 
     payment for fiscal year 2010; and
       ``(ii) the sum of the amounts paid for fiscal year 2006 
     under section 103(a)(2) (as in effect on September 29, 2006) 
     for the eligible counties in the State of Oregon that have 
     elected under section 102(b) to receive the county payment 
     for fiscal year 2010.
       ``(2) Covered state.--The term `covered State' means each 
     of the States of California, Louisiana, Oregon, Pennsylvania, 
     South Carolina, South Dakota, Texas, and Washington.
       ``(b) Transition Payments.--For each of fiscal years 2008 
     through 2010, in lieu of the payment amounts that otherwise 
     would have been made under paragraphs (1)(B) and (2)(B) of 
     section 102(a), the Secretary of the Treasury shall pay the 
     adjusted amount to each covered State and the eligible 
     counties within the covered State, as applicable.
       ``(c) Distribution of Adjusted Amount.--Except as provided 
     in subsection (d), it is the intent of Congress that the 
     method of distributing the payments under subsection (b) 
     among the counties in the covered States for each of fiscal 
     years 2008 through 2010 be in the same proportion that the 
     payments were distributed to the eligible counties in fiscal 
     year 2006.
       ``(d) Distribution of Payments in California.--The 
     following payments shall be distributed among the eligible 
     counties in the State of California in the same proportion 
     that payments under section 102(a)(2) (as in effect on 
     September 29, 2006) were distributed to the eligible counties 
     for fiscal year 2006:
       ``(1) Payments to the State of California under subsection 
     (b).
       ``(2) The shares of the eligible counties of the State 
     payment for California under section 102 for fiscal year 
     2011.
       ``(e) Treatment of Payments.--For purposes of this Act, any 
     payment made under subsection (b) shall be considered to be a 
     payment made under section 102(a).

              ``TITLE II--SPECIAL PROJECTS ON FEDERAL LAND

     ``SEC. 201. DEFINITIONS.

       ``In this title:
       ``(1) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.
       ``(2) Project funds.--The term `project funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(3) Resource advisory committee.--The term `resource 
     advisory committee' means--
       ``(A) an advisory committee established by the Secretary 
     concerned under section 205; or
       ``(B) an advisory committee determined by the Secretary 
     concerned to meet the requirements of section 205.
       ``(4) Resource management plan.--The term `resource 
     management plan' means--
       ``(A) a land use plan prepared by the Bureau of Land 
     Management for units of the Federal land described in section 
     3(7)(B) pursuant to section 202 of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1712); or
       ``(B) a land and resource management plan prepared by the 
     Forest Service for units of the National Forest System 
     pursuant to section 6 of the Forest and Rangeland Renewable 
     Resources Planning Act of 1974 (16 U.S.C. 1604).

     ``SEC. 202. GENERAL LIMITATION ON USE OF PROJECT FUNDS.

       ``(a) Limitation.--Project funds shall be expended solely 
     on projects that meet the requirements of this title.
       ``(b) Authorized Uses.--Project funds may be used by the 
     Secretary concerned for the purpose of entering into and 
     implementing cooperative agreements with willing Federal 
     agencies, State and local governments, private and nonprofit 
     entities, and landowners for protection, restoration, and 
     enhancement of fish and wildlife habitat, and other resource 
     objectives consistent with the purposes of this Act on 
     Federal land and on non-Federal land where projects would 
     benefit the resources on Federal land.

     ``SEC. 203. SUBMISSION OF PROJECT PROPOSALS.

       ``(a) Submission of Project Proposals to Secretary 
     Concerned.--
       ``(1) Projects funded using project funds.--Not later than 
     September 30 for fiscal year 2008 (or as soon thereafter as 
     the Secretary concerned determines is practicable), and each 
     September 30 thereafter for each succeeding fiscal year 
     through fiscal year 2011, each resource advisory committee 
     shall submit to the Secretary concerned a description of any 
     projects that the resource advisory committee proposes the 
     Secretary undertake using any project funds reserved by 
     eligible counties in the area in which the resource advisory 
     committee has geographic jurisdiction.
       ``(2) Projects funded using other funds.--A resource 
     advisory committee may submit to the Secretary concerned a 
     description of any projects that the committee proposes the 
     Secretary undertake using funds from State or local 
     governments, or from the private sector, other than project 
     funds and funds appropriated and otherwise available to do 
     similar work.
       ``(3) Joint projects.--Participating counties or other 
     persons may propose to pool project funds or other funds, 
     described in paragraph (2), and jointly propose a project or 
     group of projects to a resource advisory committee 
     established under section 205.
       ``(b) Required Description of Projects.--In submitting 
     proposed projects to the Secretary concerned under subsection 
     (a), a resource advisory committee shall include in the 
     description of each proposed project the following 
     information:
       ``(1) The purpose of the project and a description of how 
     the project will meet the purposes of this title.
       ``(2) The anticipated duration of the project.

[[Page 23062]]

       ``(3) The anticipated cost of the project.
       ``(4) The proposed source of funding for the project, 
     whether project funds or other funds.
       ``(5)(A) Expected outcomes, including how the project will 
     meet or exceed desired ecological conditions, maintenance 
     objectives, or stewardship objectives.
       ``(B) An estimate of the amount of any timber, forage, and 
     other commodities and other economic activity, including jobs 
     generated, if any, anticipated as part of the project.
       ``(6) A detailed monitoring plan, including funding needs 
     and sources, that--
       ``(A) tracks and identifies the positive or negative 
     impacts of the project, implementation, and provides for 
     validation monitoring; and
       ``(B) includes an assessment of the following:
       ``(i) Whether or not the project met or exceeded desired 
     ecological conditions; created local employment or training 
     opportunities, including summer youth jobs programs such as 
     the Youth Conservation Corps where appropriate.
       ``(ii) Whether the project improved the use of, or added 
     value to, any products removed from land consistent with the 
     purposes of this title.
       ``(7) An assessment that the project is to be in the public 
     interest.
       ``(c) Authorized Projects.--Projects proposed under 
     subsection (a) shall be consistent with section 2.

     ``SEC. 204. EVALUATION AND APPROVAL OF PROJECTS BY SECRETARY 
                   CONCERNED.

       ``(a) Conditions for Approval of Proposed Project.--The 
     Secretary concerned may make a decision to approve a project 
     submitted by a resource advisory committee under section 203 
     only if the proposed project satisfies each of the following 
     conditions:
       ``(1) The project complies with all applicable Federal laws 
     (including regulations).
       ``(2) The project is consistent with the applicable 
     resource management plan and with any watershed or subsequent 
     plan developed pursuant to the resource management plan and 
     approved by the Secretary concerned.
       ``(3) The project has been approved by the resource 
     advisory committee in accordance with section 205, including 
     the procedures issued under subsection (e) of that section.
       ``(4) A project description has been submitted by the 
     resource advisory committee to the Secretary concerned in 
     accordance with section 203.
       ``(5) The project will improve the maintenance of existing 
     infrastructure, implement stewardship objectives that enhance 
     forest ecosystems, and restore and improve land health and 
     water quality.
       ``(b) Environmental Reviews.--
       ``(1) Request for payment by county.--The Secretary 
     concerned may request the resource advisory committee 
     submitting a proposed project to agree to the use of project 
     funds to pay for any environmental review, consultation, or 
     compliance with applicable environmental laws required in 
     connection with the project.
       ``(2) Conduct of environmental review.--If a payment is 
     requested under paragraph (1) and the resource advisory 
     committee agrees to the expenditure of funds for this 
     purpose, the Secretary concerned shall conduct environmental 
     review, consultation, or other compliance responsibilities in 
     accordance with Federal laws (including regulations).
       ``(3) Effect of refusal to pay.--
       ``(A) In general.--If a resource advisory committee does 
     not agree to the expenditure of funds under paragraph (1), 
     the project shall be deemed withdrawn from further 
     consideration by the Secretary concerned pursuant to this 
     title.
       ``(B) Effect of withdrawal.--A withdrawal under 
     subparagraph (A) shall be deemed to be a rejection of the 
     project for purposes of section 207(c).
       ``(c) Decisions of Secretary Concerned.--
       ``(1) Rejection of projects.--
       ``(A) In general.--A decision by the Secretary concerned to 
     reject a proposed project shall be at the sole discretion of 
     the Secretary concerned.
       ``(B) No administrative appeal or judicial review.--
     Notwithstanding any other provision of law, a decision by the 
     Secretary concerned to reject a proposed project shall not be 
     subject to administrative appeal or judicial review.
       ``(C) Notice of rejection.--Not later than 30 days after 
     the date on which the Secretary concerned makes the rejection 
     decision, the Secretary concerned shall notify in writing the 
     resource advisory committee that submitted the proposed 
     project of the rejection and the reasons for rejection.
       ``(2) Notice of project approval.--The Secretary concerned 
     shall publish in the Federal Register notice of each project 
     approved under subsection (a) if the notice would be required 
     had the project originated with the Secretary.
       ``(d) Source and Conduct of Project.--Once the Secretary 
     concerned accepts a project for review under section 203, the 
     acceptance shall be deemed a Federal action for all purposes.
       ``(e) Implementation of Approved Projects.--
       ``(1) Cooperation.--Notwithstanding chapter 63 of title 31, 
     United States Code, using project funds the Secretary 
     concerned may enter into contracts, grants, and cooperative 
     agreements with States and local governments, private and 
     nonprofit entities, and landowners and other persons to 
     assist the Secretary in carrying out an approved project.
       ``(2) Best value contracting.--
       ``(A) In general.--For any project involving a contract 
     authorized by paragraph (1) the Secretary concerned may elect 
     a source for performance of the contract on a best value 
     basis.
       ``(B) Factors.--The Secretary concerned shall determine 
     best value based on such factors as--
       ``(i) the technical demands and complexity of the work to 
     be done;
       ``(ii)(I) the ecological objectives of the project; and
       ``(II) the sensitivity of the resources being treated;
       ``(iii) the past experience by the contractor with the type 
     of work being done, using the type of equipment proposed for 
     the project, and meeting or exceeding desired ecological 
     conditions; and
       ``(iv) the commitment of the contractor to hiring highly 
     qualified workers and local residents.
       ``(3) Merchantable timber contracting pilot program.--
       ``(A) Establishment.--The Secretary concerned shall 
     establish a pilot program to implement a certain percentage 
     of approved projects involving the sale of merchantable 
     timber using separate contracts for--
       ``(i) the harvesting or collection of merchantable timber; 
     and
       ``(ii) the sale of the timber.
       ``(B) Annual percentages.--Under the pilot program, the 
     Secretary concerned shall ensure that, on a nationwide basis, 
     not less than the following percentage of all approved 
     projects involving the sale of merchantable timber are 
     implemented using separate contracts:
       ``(i) For fiscal year 2008, 35 percent.
       ``(ii) For fiscal year 2009, 45 percent.
       ``(iii) For each of fiscal years 2010 and 2011, 50 percent.
       ``(C) Inclusion in pilot program.--The decision whether to 
     use separate contracts to implement a project involving the 
     sale of merchantable timber shall be made by the Secretary 
     concerned after the approval of the project under this title.
       ``(D) Assistance.--
       ``(i) In general.--The Secretary concerned may use funds 
     from any appropriated account available to the Secretary for 
     the Federal land to assist in the administration of projects 
     conducted under the pilot program.
       ``(ii) Maximum amount of assistance.--The total amount 
     obligated under this subparagraph may not exceed $1,000,000 
     for any fiscal year during which the pilot program is in 
     effect.
       ``(E) Review and report.--
       ``(i) Initial report.--Not later than September 30, 2010, 
     the Comptroller General shall submit to the Committees on 
     Agriculture, Nutrition, and Forestry and Energy and Natural 
     Resources of the Senate and the Committees on Agriculture and 
     Natural Resources of the House of Representatives a report 
     assessing the pilot program.
       ``(ii) Annual report.--The Secretary concerned shall submit 
     to the Committees on Agriculture, Nutrition, and Forestry and 
     Energy and Natural Resources of the Senate and the Committees 
     on Agriculture and Natural Resources of the House of 
     Representatives an annual report describing the results of 
     the pilot program.
       ``(f) Requirements for Project Funds.--The Secretary shall 
     ensure that at least 50 percent of all project funds be used 
     for projects that are primarily dedicated--
       ``(1) to road maintenance, decommissioning, or 
     obliteration; or
       ``(2) to restoration of streams and watersheds.

     ``SEC. 205. RESOURCE ADVISORY COMMITTEES.

       ``(a) Establishment and Purpose of Resource Advisory 
     Committees.--
       ``(1) Establishment.--The Secretary concerned shall 
     establish and maintain resource advisory committees to 
     perform the duties in subsection (b), except as provided in 
     paragraph (4).
       ``(2) Purpose.--The purpose of a resource advisory 
     committee shall be--
       ``(A) to improve collaborative relationships; and
       ``(B) to provide advice and recommendations to the land 
     management agencies consistent with the purposes of this 
     title.
       ``(3) Access to resource advisory committees.--To ensure 
     that each unit of Federal land has access to a resource 
     advisory committee, and that there is sufficient interest in 
     participation on a committee to ensure that membership can be 
     balanced in terms of the points of view represented and the 
     functions to be performed, the Secretary concerned may, 
     establish resource advisory committees for part of, or 1 or 
     more, units of Federal land.
       ``(4) Existing advisory committees.--
       ``(A) In general.--An advisory committee that meets the 
     requirements of this section, a resource advisory committee 
     established before September 29, 2006, or an advisory 
     committee determined by the Secretary concerned before 
     September 29, 2006, to meet the requirements of this section 
     may be deemed by the Secretary concerned to be a resource 
     advisory committee for the purposes of this title.
       ``(B) Charter.--A charter for a committee described in 
     subparagraph (A) that was filed on or before September 29, 
     2006, shall be considered to be filed for purposes of this 
     Act.
       ``(C) Bureau of land management advisory committees.--The 
     Secretary of the Interior may deem a resource advisory 
     committee meeting the requirements of subpart 1784 of part 
     1780 of title 43, Code of Federal Regulations, as a resource 
     advisory committee for the purposes of this title.
       ``(b) Duties.--A resource advisory committee shall--
       ``(1) review projects proposed under this title by 
     participating counties and other persons;
       ``(2) propose projects and funding to the Secretary 
     concerned under section 203;

[[Page 23063]]

       ``(3) provide early and continuous coordination with 
     appropriate land management agency officials in recommending 
     projects consistent with purposes of this Act under this 
     title;
       ``(4) provide frequent opportunities for citizens, 
     organizations, tribes, land management agencies, and other 
     interested parties to participate openly and meaningfully, 
     beginning at the early stages of the project development 
     process under this title;
       ``(5)(A) monitor projects that have been approved under 
     section 204; and
       ``(B) advise the designated Federal official on the 
     progress of the monitoring efforts under subparagraph (A); 
     and
       ``(6) make recommendations to the Secretary concerned for 
     any appropriate changes or adjustments to the projects being 
     monitored by the resource advisory committee.
       ``(c) Appointment by the Secretary.--
       ``(1) Appointment and term.--
       ``(A) In general.--The Secretary concerned, shall appoint 
     the members of resource advisory committees for a term of 4 
     years beginning on the date of appointment.
       ``(B) Reappointment.--The Secretary concerned may reappoint 
     members to subsequent 4-year terms.
       ``(2) Basic requirements.--The Secretary concerned shall 
     ensure that each resource advisory committee established 
     meets the requirements of subsection (d).
       ``(3) Initial appointment.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary 
     concerned shall make initial appointments to the resource 
     advisory committees.
       ``(4) Vacancies.--The Secretary concerned shall make 
     appointments to fill vacancies on any resource advisory 
     committee as soon as practicable after the vacancy has 
     occurred.
       ``(5) Compensation.--Members of the resource advisory 
     committees shall not receive any compensation.
       ``(d) Composition of Advisory Committee.--
       ``(1) Number.--Each resource advisory committee shall be 
     comprised of 15 members.
       ``(2) Community interests represented.--Committee members 
     shall be representative of the interests of the following 3 
     categories:
       ``(A) 5 persons that--
       ``(i) represent organized labor or non-timber forest 
     product harvester groups;
       ``(ii) represent developed outdoor recreation, off highway 
     vehicle users, or commercial recreation activities;
       ``(iii) represent--

       ``(I) energy and mineral development interests; or
       ``(II) commercial or recreational fishing interests;

       ``(iv) represent the commercial timber industry; or
       ``(v) hold Federal grazing or other land use permits, or 
     represent nonindustrial private forest land owners, within 
     the area for which the committee is organized.
       ``(B) 5 persons that represent--
       ``(i) nationally recognized environmental organizations;
       ``(ii) regionally or locally recognized environmental 
     organizations;
       ``(iii) dispersed recreational activities;
       ``(iv) archaeological and historical interests; or
       ``(v) nationally or regionally recognized wild horse and 
     burro interest groups, wildlife or hunting organizations, or 
     watershed associations.
       ``(C) 5 persons that--
       ``(i) hold State elected office (or a designee);
       ``(ii) hold county or local elected office;
       ``(iii) represent American Indian tribes within or adjacent 
     to the area for which the committee is organized;
       ``(iv) are school officials or teachers; or
       ``(v) represent the affected public at large.
       ``(3) Balanced representation.--In appointing committee 
     members from the 3 categories in paragraph (2), the Secretary 
     concerned shall provide for balanced and broad representation 
     from within each category.
       ``(4) Geographic distribution.--The members of a resource 
     advisory committee shall reside within the State in which the 
     committee has jurisdiction and, to extent practicable, the 
     Secretary concerned shall ensure local representation in each 
     category in paragraph (2).
       ``(5) Chairperson.--A majority on each resource advisory 
     committee shall select the chairperson of the committee.
       ``(e) Approval Procedures.--
       ``(1) In general.--Subject to paragraph (3), each resource 
     advisory committee shall establish procedures for proposing 
     projects to the Secretary concerned under this title.
       ``(2) Quorum.--A quorum must be present to constitute an 
     official meeting of the committee.
       ``(3) Approval by majority of members.--A project may be 
     proposed by a resource advisory committee to the Secretary 
     concerned under section 203(a), if the project has been 
     approved by a majority of members of the committee from each 
     of the 3 categories in subsection (d)(2).
       ``(f) Other Committee Authorities and Requirements.--
       ``(1) Staff assistance.--A resource advisory committee may 
     submit to the Secretary concerned a request for periodic 
     staff assistance from Federal employees under the 
     jurisdiction of the Secretary.
       ``(2) Meetings.--All meetings of a resource advisory 
     committee shall be announced at least 1 week in advance in a 
     local newspaper of record and shall be open to the public.
       ``(3) Records.--A resource advisory committee shall 
     maintain records of the meetings of the committee and make 
     the records available for public inspection.

     ``SEC. 206. USE OF PROJECT FUNDS.

       ``(a) Agreement Regarding Schedule and Cost of Project.--
       ``(1) Agreement between parties.--The Secretary concerned 
     may carry out a project submitted by a resource advisory 
     committee under section 203(a) using project funds or other 
     funds described in section 203(a)(2), if, as soon as 
     practicable after the issuance of a decision document for the 
     project and the exhaustion of all administrative appeals and 
     judicial review of the project decision, the Secretary 
     concerned and the resource advisory committee enter into an 
     agreement addressing, at a minimum, the following:
       ``(A) The schedule for completing the project.
       ``(B) The total cost of the project, including the level of 
     agency overhead to be assessed against the project.
       ``(C) For a multiyear project, the estimated cost of the 
     project for each of the fiscal years in which it will be 
     carried out.
       ``(D) The remedies for failure of the Secretary concerned 
     to comply with the terms of the agreement consistent with 
     current Federal law.
       ``(2) Limited use of federal funds.--The Secretary 
     concerned may decide, at the sole discretion of the Secretary 
     concerned, to cover the costs of a portion of an approved 
     project using Federal funds appropriated or otherwise 
     available to the Secretary for the same purposes as the 
     project.
       ``(b) Transfer of Project Funds.--
       ``(1) Initial transfer required.--As soon as practicable 
     after the agreement is reached under subsection (a) with 
     regard to a project to be funded in whole or in part using 
     project funds, or other funds described in section 203(a)(2), 
     the Secretary concerned shall transfer to the applicable unit 
     of National Forest System land or Bureau of Land Management 
     District an amount of project funds equal to--
       ``(A) in the case of a project to be completed in a single 
     fiscal year, the total amount specified in the agreement to 
     be paid using project funds, or other funds described in 
     section 203(a)(2); or
       ``(B) in the case of a multiyear project, the amount 
     specified in the agreement to be paid using project funds, or 
     other funds described in section 203(a)(2) for the first 
     fiscal year.
       ``(2) Condition on project commencement.--The unit of 
     National Forest System land or Bureau of Land Management 
     District concerned, shall not commence a project until the 
     project funds, or other funds described in section 203(a)(2) 
     required to be transferred under paragraph (1) for the 
     project, have been made available by the Secretary concerned.
       ``(3) Subsequent transfers for multiyear projects.--
       ``(A) In general.--For the second and subsequent fiscal 
     years of a multiyear project to be funded in whole or in part 
     using project funds, the unit of National Forest System land 
     or Bureau of Land Management District concerned shall use the 
     amount of project funds required to continue the project in 
     that fiscal year according to the agreement entered into 
     under subsection (a).
       ``(B) Suspension of work.--The Secretary concerned shall 
     suspend work on the project if the project funds required by 
     the agreement in the second and subsequent fiscal years are 
     not available.

     ``SEC. 207. AVAILABILITY OF PROJECT FUNDS.

       ``(a) Submission of Proposed Projects To Obligate Funds.--
     By September 30, 2008 (or as soon thereafter as the Secretary 
     concerned determines is practicable), and each September 30 
     thereafter for each succeeding fiscal year through fiscal 
     year 2011, a resource advisory committee shall submit to the 
     Secretary concerned pursuant to section 203(a)(1) a 
     sufficient number of project proposals that, if approved, 
     would result in the obligation of at least the full amount of 
     the project funds reserved by the participating county in the 
     preceding fiscal year.
       ``(b) Use or Transfer of Unobligated Funds.--Subject to 
     section 208, if a resource advisory committee fails to comply 
     with subsection (a) for a fiscal year, any project funds 
     reserved by the participating county in the preceding fiscal 
     year and remaining unobligated shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(c) Effect of Rejection of Projects.--Subject to section 
     208, any project funds reserved by a participating county in 
     the preceding fiscal year that are unobligated at the end of 
     a fiscal year because the Secretary concerned has rejected 
     one or more proposed projects shall be available for use as 
     part of the project submissions in the next fiscal year.
       ``(d) Effect of Court Orders.--
       ``(1) In general.--If an approved project under this Act is 
     enjoined or prohibited by a Federal court, the Secretary 
     concerned shall return the unobligated project funds related 
     to the project to the participating county or counties that 
     reserved the funds.
       ``(2) Expenditure of funds.--The returned funds shall be 
     available for the county to expend in the same manner as the 
     funds reserved by the county under subparagraph (B) or (C)(i) 
     of section 102(d)(1).

     ``SEC. 208. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title shall terminate on September 30, 2011.
       ``(b) Deposits in Treasury.--Any project funds not 
     obligated by September 30, 2012, shall be deposited in the 
     Treasury of the United States.

[[Page 23064]]



                       ``TITLE III--COUNTY FUNDS

     ``SEC. 301. DEFINITIONS.

       ``In this title:
       ``(1) County funds.--The term `county funds' means all 
     funds an eligible county elects under section 102(d) to 
     reserve for expenditure in accordance with this title.
       ``(2) Participating county.--The term `participating 
     county' means an eligible county that elects under section 
     102(d) to expend a portion of the Federal funds received 
     under section 102 in accordance with this title.

     ``SEC. 302. USE.

       ``(a) Authorized Uses.--A participating county, including 
     any applicable agencies of the participating county, shall 
     use county funds, in accordance with this title, only--
       ``(1) to carry out activities under the Firewise 
     Communities program to provide to homeowners in fire-
     sensitive ecosystems education on, and assistance with 
     implementing, techniques in home siting, home construction, 
     and home landscaping that can increase the protection of 
     people and property from wildfires;
       ``(2) to reimburse the participating county for search and 
     rescue and other emergency services, including firefighting, 
     that are--
       ``(A) performed on Federal land after the date on which the 
     use was approved under subsection (b);
       ``(B) paid for by the participating county; and
       ``(3) to develop community wildfire protection plans in 
     coordination with the appropriate Secretary concerned.
       ``(b) Proposals.--A participating county shall use county 
     funds for a use described in subsection (a) only after a 45-
     day public comment period, at the beginning of which the 
     participating county shall--
       ``(1) publish in any publications of local record a 
     proposal that describes the proposed use of the county funds; 
     and
       ``(2) submit the proposal to any resource advisory 
     committee established under section 205 for the participating 
     county.

     ``SEC. 303. CERTIFICATION.

       ``(a) In General.--Not later than February 1 of the year 
     after the year in which any county funds were expended by a 
     participating county, the appropriate official of the 
     participating county shall submit to the Secretary concerned 
     a certification that the county funds expended in the 
     applicable year have been used for the uses authorized under 
     section 302(a), including a description of the amounts 
     expended and the uses for which the amounts were expended.
       ``(b) Review.--The Secretary concerned shall review the 
     certifications submitted under subsection (a) as the 
     Secretary concerned determines to be appropriate.

     ``SEC. 304. TERMINATION OF AUTHORITY.

       ``(a) In General.--The authority to initiate projects under 
     this title terminates on September 30, 2011.
       ``(b) Availability.--Any county funds not obligated by 
     September 30, 2012, shall be returned to the Treasury of the 
     United States.

                  ``TITLE IV--MISCELLANEOUS PROVISIONS

     ``SEC. 401. REGULATIONS.

       ``The Secretary of Agriculture and the Secretary of the 
     Interior shall issue regulations to carry out the purposes of 
     this Act.

     ``SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated such sums as are 
     necessary to carry out this Act for each of fiscal years 2008 
     through 2011.

     ``SEC. 403. TREATMENT OF FUNDS AND REVENUES.

       ``(a) Relation to Other Appropriations.--Funds made 
     available under section 402 and funds made available to a 
     Secretary concerned under section 206 shall be in addition to 
     any other annual appropriations for the Forest Service and 
     the Bureau of Land Management.
       ``(b) Deposit of Revenues and Other Funds.--All revenues 
     generated from projects pursuant to title II, including any 
     interest accrued from the revenues, shall be deposited in the 
     Treasury of the United States.''.
       (b) Forest Receipt Payments to Eligible States and 
     Counties.--
       (1) Act of may 23, 1908.--The sixth paragraph under the 
     heading ``FOREST SERVICE'' in the Act of May 23, 1908 (16 
     U.S.C. 500) is amended in the first sentence by striking 
     ``twenty-five percentum'' and all that follows through 
     ``shall be paid'' and inserting the following: ``an amount 
     equal to the annual average of 25 percent of all amounts 
     received for the applicable fiscal year and each of the 
     preceding 6 fiscal years from each national forest shall be 
     paid''.
       (2) Weeks law.--Section 13 of the Act of March 1, 1911 
     (commonly known as the ``Weeks Law'') (16 U.S.C. 500) is 
     amended in the first sentence by striking ``twenty-five 
     percentum'' and all that follows through ``shall be paid'' 
     and inserting the following: ``an amount equal to the annual 
     average of 25 percent of all amounts received for the 
     applicable fiscal year and each of the preceding 6 fiscal 
     years from each national forest shall be paid''.
       (c) Payments in Lieu of Taxes.--
       (1) In general.--Section 6906 of title 31, United States 
     Code, is amended to read as follows:

     ``Sec. 6906. Funding

       ``For each of fiscal years 2008 through 2012--
       ``(1) each county or other eligible unit of local 
     government shall be entitled to payment under this chapter; 
     and
       ``(2) sums shall be made available to the Secretary of the 
     Interior for obligation or expenditure in accordance with 
     this chapter.''.
       (2) Conforming amendment.--The table of sections for 
     chapter 69 of title 31, United States Code, is amended by 
     striking the item relating to section 6906 and inserting the 
     following:

``6906. Funding.''.

       (3) Budget scorekeeping.--
       (A) In general.--Notwithstanding the Budget Scorekeeping 
     Guidelines and the accompanying list of programs and accounts 
     set forth in the joint explanatory statement of the committee 
     of conference accompanying Conference Report 105-217, the 
     section in this title regarding Payments in Lieu of Taxes 
     shall be treated in the baseline for purposes of section 257 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 (as in effect prior to September 30, 2002), and by the 
     Chairmen of the House and Senate Budget Committees, as 
     appropriate, for purposes of budget enforcement in the House 
     and Senate, and under the Congressional Budget Act of 1974 as 
     if Payment in Lieu of Taxes (14-1114-0-1-806) were an account 
     designated as Appropriated Entitlements and Mandatories for 
     Fiscal Year 1997 in the joint explanatory statement of the 
     committee of conference accompanying Conference Report 105-
     217.
       (B) Effective date.--This paragraph shall remain in effect 
     for the fiscal years to which the entitlement in section 6906 
     of title 31, United States Code (as amended by paragraph 
     (1)), applies.

     SEC. 602. TRANSFER TO ABANDONED MINE RECLAMATION FUND.

       Subparagraph (C) of section 402(i)(1) of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1232(i)(1)) is 
     amended by striking ``and $9,000,000 on October 1, 2009'' and 
     inserting ``$9,000,000 on October 1, 2009, and $9,000,000 on 
     October 1, 2010''.

                       TITLE VII--DISASTER RELIEF

        Subtitle A--Heartland and Hurricane Ike Disaster Relief

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Heartland Disaster Tax 
     Relief Act of 2008''.

     SEC. 702. TEMPORARY TAX RELIEF FOR AREAS DAMAGED BY 2008 
                   MIDWESTERN SEVERE STORMS, TORNADOS, AND 
                   FLOODING.

       (a) In General.--Subject to the modifications described in 
     this section, the following provisions of or relating to the 
     Internal Revenue Code of 1986 shall apply to any Midwestern 
     disaster area in addition to the areas to which such 
     provisions otherwise apply:
       (1) Go zone benefits.--
       (A) Section 1400N (relating to tax benefits) other than 
     subsections (b), (d), (e), (i), (j), (m), and (o) thereof.
       (B) Section 1400O (relating to education tax benefits).
       (C) Section 1400P (relating to housing tax benefits).
       (D) Section 1400Q (relating to special rules for use of 
     retirement funds).
       (E) Section 1400R(a) (relating to employee retention credit 
     for employers).
       (F) Section 1400S (relating to additional tax relief) other 
     than subsection (d) thereof.
       (G) Section 1400T (relating to special rules for mortgage 
     revenue bonds).
       (2) Other benefits included in katrina emergency tax relief 
     act of 2005.--Sections 302, 303, 304, 401, and 405 of the 
     Katrina Emergency Tax Relief Act of 2005.
       (b) Midwestern Disaster Area.--
       (1) In general.--For purposes of this section and for 
     applying the substitutions described in subsections (d) and 
     (e), the term ``Midwestern disaster area'' means an area--
       (A) with respect to which a major disaster has been 
     declared by the President on or after May 20, 2008, and 
     before August 1, 2008, under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act by 
     reason of severe storms, tornados, or flooding occurring in 
     any of the States of Arkansas, Illinois, Indiana, Iowa, 
     Kansas, Michigan, Minnesota, Missouri, Nebraska, and 
     Wisconsin, and
       (B) determined by the President to warrant individual or 
     individual and public assistance from the Federal Government 
     under such Act with respect to damages attributable to such 
     severe storms, tornados, or flooding.
       (2) Certain benefits available to areas eligible only for 
     public assistance.--For purposes of applying this section to 
     benefits under the following provisions, paragraph (1) shall 
     be applied without regard to subparagraph (B):
       (A) Sections 1400Q, 1400S(b), and 1400S(d) of the Internal 
     Revenue Code of 1986.
       (B) Sections 302, 401, and 405 of the Katrina Emergency Tax 
     Relief Act of 2005.
       (c) References.--
       (1) Area.--Any reference in such provisions to the 
     Hurricane Katrina disaster area or the Gulf Opportunity Zone 
     shall be treated as a reference to any Midwestern disaster 
     area and any reference to the Hurricane Katrina disaster area 
     or the Gulf Opportunity Zone within a State shall be treated 
     as a reference to all Midwestern disaster areas within the 
     State.
       (2) Items attributable to disaster.--Any reference in such 
     provisions to any loss, damage, or other item attributable to 
     Hurricane Katrina shall be treated as a reference to any 
     loss, damage, or other item attributable to the severe 
     storms, tornados, or flooding giving rise to any Presidential 
     declaration described in subsection (b)(1)(A).

[[Page 23065]]

       (3) Applicable disaster date.--For purposes of applying the 
     substitutions described in subsections (d) and (e), the term 
     ``applicable disaster date'' means, with respect to any 
     Midwestern disaster area, the date on which the severe 
     storms, tornados, or flooding giving rise to the Presidential 
     declaration described in subsection (b)(1)(A) occurred.
       (d) Modifications to 1986 Code.--The following provisions 
     of the Internal Revenue Code of 1986 shall be applied with 
     the following modifications:
       (1) Tax-exempt bond financing.--Section 1400N(a)--
       (A) by substituting ``qualified Midwestern disaster area 
     bond'' for ``qualified Gulf Opportunity Zone Bond'' each 
     place it appears, except that in determining whether a bond 
     is a qualified Midwestern disaster area bond--
       (i) paragraph (2)(A)(i) shall be applied by only treating 
     costs as qualified project costs if--

       (I) in the case of a project involving a private business 
     use (as defined in section 141(b)(6)), either the person 
     using the property suffered a loss in a trade or business 
     attributable to the severe storms, tornados, or flooding 
     giving rise to any Presidential declaration described in 
     subsection (b)(1)(A) or is a person designated for purposes 
     of this section by the Governor of the State in which the 
     project is located as a person carrying on a trade or 
     business replacing a trade or business with respect to which 
     another person suffered such a loss, and
       (II) in the case of a project relating to public utility 
     property, the project involves repair or reconstruction of 
     public utility property damaged by such severe storms, 
     tornados, or flooding, and

       (ii) paragraph (2)(A)(ii) shall be applied by treating an 
     issue as a qualified mortgage issue only if 95 percent or 
     more of the net proceeds (as defined in section 150(a)(3)) of 
     the issue are to be used to provide financing for mortgagors 
     who suffered damages to their principal residences 
     attributable to such severe storms, tornados, or flooding.
       (B) by substituting ``any State in which a Midwestern 
     disaster area is located'' for ``the State of Alabama, 
     Louisiana, or Mississippi'' in paragraph (2)(B),
       (C) by substituting ``designated for purposes of this 
     section (on the basis of providing assistance to areas in the 
     order in which such assistance is most needed)'' for 
     ``designated for purposes of this section'' in paragraph 
     (2)(C),
       (D) by substituting ``January 1, 2013'' for ``January 1, 
     2011'' in paragraph (2)(D),
       (E) in paragraph (3)(A)--
       (i) by substituting ``$1,000'' for ``$2,500'', and
       (ii) by substituting ``before the earliest applicable 
     disaster date for Midwestern disaster areas within the 
     State'' for ``before August 28, 2005'',
       (F) by substituting ``qualified Midwestern disaster area 
     repair or construction'' for ``qualified GO Zone repair or 
     construction'' each place it appears,
       (G) by substituting ``after the date of the enactment of 
     the Heartland Disaster Tax Relief Act of 2008 and before 
     January 1, 2013'' for ``after the date of the enactment of 
     this paragraph and before January 1, 2011'' in paragraph 
     (7)(C), and
       (H) by disregarding paragraph (8) thereof.
       (2) Low-income housing credit.--Section 1400N(c)--
       (A) only with respect to calendar years 2008, 2009, and 
     2010,
       (B) by substituting ``Disaster Recovery Assistance housing 
     amount'' for ``Gulf Opportunity housing amount'' each place 
     it appears,
       (C) in paragraph (1)(B)--
       (i) by substituting ``$8.00'' for ``$18.00'', and
       (ii) by substituting ``before the earliest applicable 
     disaster date for Midwestern disaster areas within the 
     State'' for ``before August 28, 2005'', and
       (D) determined without regard to paragraphs (2), (3), (4), 
     (5), and (6) thereof.
       (3) Expensing for certain demolition and clean-up costs.--
     Section 1400N(f)--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance clean-up cost'' for ``qualified Gulf Opportunity 
     Zone clean-up cost'' each place it appears,
       (B) by substituting ``beginning on the applicable disaster 
     date and ending on December 31, 2010'' for ``beginning on 
     August 28, 2005, and ending on December 31, 2007'' in 
     paragraph (2), and
       (C) by treating costs as qualified Disaster Recovery 
     Assistance clean-up costs only if the removal of debris or 
     demolition of any structure was necessary due to damage 
     attributable to the severe storms, tornados, or flooding 
     giving rise to any Presidential declaration described in 
     subsection (b)(1)(A).
       (4) Extension of expensing for environmental remediation 
     costs.--Section 1400N(g)--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' each place it appears,
       (B) by substituting ``January 1, 2011'' for ``January 1, 
     2008'' in paragraph (1),
       (C) by substituting ``December 31, 2010'' for ``December 
     31, 2007'' in paragraph (1), and
       (D) by treating a site as a qualified contaminated site 
     only if the release (or threat of release) or disposal of a 
     hazardous substance at the site was attributable to the 
     severe storms, tornados, or flooding giving rise to any 
     Presidential declaration described in subsection (b)(1)(A).
       (5) Increase in rehabilitation credit.--Section 1400N(h), 
     as amended by this Act--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'',
       (B) by substituting ``December 31, 2011'' for ``December 
     31, 2009'' in paragraph (1), and
       (C) by only applying such subsection to qualified 
     rehabilitation expenditures with respect to any building or 
     structure which was damaged or destroyed as a result of the 
     severe storms, tornados, or flooding giving rise to any 
     Presidential declaration described in subsection (b)(1)(A).
       (6) Treatment of net operating losses attributable to 
     disaster losses.--Section 1400N(k)--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance loss'' for ``qualified Gulf Opportunity Zone 
     loss'' each place it appears,
       (B) by substituting ``after the day before the applicable 
     disaster date, and before January 1, 2011'' for ``after 
     August 27, 2005, and before January 1, 2008'' each place it 
     appears,
       (C) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' in paragraph (2)(B)(ii)(I),
       (D) by substituting ``qualified Disaster Recovery 
     Assistance property'' for ``qualified Gulf Opportunity Zone 
     property'' in paragraph (2)(B)(iv), and
       (E) by substituting ``qualified Disaster Recovery 
     Assistance casualty loss'' for ``qualified Gulf Opportunity 
     Zone casualty loss'' each place it appears.
       (7) Credit to holders of tax credit bonds.--Section 
     1400N(l)--
       (A) by substituting ``Midwestern tax credit bond'' for 
     ``Gulf tax credit bond'' each place it appears,
       (B) by substituting ``any State in which a Midwestern 
     disaster area is located or any instrumentality of the 
     State'' for ``the State of Alabama, Louisiana, or 
     Mississippi'' in paragraph (4)(A)(i),
       (C) by substituting ``after December 31, 2008 and before 
     January 1, 2010'' for ``after December 31, 2005, and before 
     January 1, 2007'',
       (D) by substituting ``shall not exceed $100,000,000 for any 
     State with an aggregate population located in all Midwestern 
     disaster areas within the State of at least 2,000,000, 
     $50,000,000 for any State with an aggregate population 
     located in all Midwestern disaster areas within the State of 
     at least 1,000,000 but less than 2,000,000, and zero for any 
     other State. The population of a State within any area shall 
     be determined on the basis of the most recent census estimate 
     of resident population released by the Bureau of Census 
     before the earliest applicable disaster date for Midwestern 
     disaster areas within the State.'' for ``shall not exceed'' 
     and all that follows in paragraph (4)(C), and
       (E) by substituting ``the earliest applicable disaster date 
     for Midwestern disaster areas within the State'' for ``August 
     28, 2005'' in paragraph (5)(A).
       (8) Education tax benefits.--Section 1400O, by substituting 
     ``2008 or 2009'' for ``2005 or 2006''.
       (9) Housing tax benefits.--Section 1400P, by substituting 
     ``the applicable disaster date'' for ``August 28, 2005'' in 
     subsection (c)(1).
       (10) Special rules for use of retirement funds.--Section 
     1400Q--
       (A) by substituting ``qualified Disaster Recovery 
     Assistance distribution'' for ``qualified hurricane 
     distribution'' each place it appears,
       (B) by substituting ``on or after the applicable disaster 
     date and before January 1, 2010'' for ``on or after August 
     25, 2005, and before January 1, 2007'' in subsection 
     (a)(4)(A)(i),
       (C) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' in subsections (a)(4)(A)(i) and 
     (c)(3)(B),
       (D) by disregarding clauses (ii) and (iii) of subsection 
     (a)(4)(A) thereof,
       (E) by substituting ``qualified storm damage distribution'' 
     for ``qualified Katrina distribution'' each place it appears,
       (F) by substituting ``after the date which is 6 months 
     before the applicable disaster date and before the date which 
     is the day after the applicable disaster date'' for ``after 
     February 28, 2005, and before August 29, 2005'' in subsection 
     (b)(2)(B)(ii),
       (G) by substituting ``the Midwestern disaster area, but not 
     so purchased or constructed on account of severe storms, 
     tornados, or flooding giving rise to the designation of the 
     area as a disaster area'' for ``the Hurricane Katrina 
     disaster area, but not so purchased or constructed on account 
     of Hurricane Katrina'' in subsection (b)(2)(B)(iii),
       (H) by substituting ``beginning on the applicable disaster 
     date and ending on the date which is 5 months after the date 
     of the enactment of the Heartland Disaster Tax Relief Act of 
     2008'' for ``beginning on August 25, 2005, and ending on 
     February 28, 2006'' in subsection (b)(3)(A),
       (I) by substituting ``qualified storm damage individual'' 
     for ``qualified Hurricane Katrina individual'' each place it 
     appears,
       (J) by substituting ``December 31, 2009'' for ``December 
     31, 2006'' in subsection (c)(2)(A),
       (K) by disregarding subparagraphs (C) and (D) of subsection 
     (c)(3) thereof,
       (L) by substituting ``beginning on the date of the 
     enactment of the Heartland Disaster Tax Relief Act of 2008 
     and ending on December 31, 2009'' for ``beginning on 
     September 24, 2005, and ending on December 31, 2006'' in 
     subsection (c)(4)(A)(i),
       (M) by substituting ``the applicable disaster date'' for 
     ``August 25, 2005'' in subsection (c)(4)(A)(ii), and
       (N) by substituting ``January 1, 2010'' for ``January 1, 
     2007'' in subsection (d)(2)(A)(ii).
       (11) Employee retention credit for employers affected by 
     severe storms, tornados, and flooding.--Section 1400R(a)--
       (A) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' each place it appears,

[[Page 23066]]

       (B) by substituting ``January 1, 2009'' for ``January 1, 
     2006'' both places it appears, and
       (C) only with respect to eligible employers who employed an 
     average of not more than 200 employees on business days 
     during the taxable year before the applicable disaster date.
       (12) Temporary suspension of limitations on charitable 
     contributions.--Section 1400S(a), by substituting the 
     following paragraph for paragraph (4) thereof:
       ``(4) Qualified contributions.--
       ``(A) In general.--For purposes of this subsection, the 
     term `qualified contribution' means any charitable 
     contribution (as defined in section 170(c)) if--
       ``(i) such contribution--

       ``(I) is paid during the period beginning on the earliest 
     applicable disaster date for all States and ending on 
     December 31, 2008, in cash to an organization described in 
     section 170(b)(1)(A), and
       ``(II) is made for relief efforts in 1 or more Midwestern 
     disaster areas,

       ``(ii) the taxpayer obtains from such organization 
     contemporaneous written acknowledgment (within the meaning of 
     section 170(f)(8)) that such contribution was used (or is to 
     be used) for relief efforts in 1 or more Midwestern disaster 
     areas, and
       ``(iii) the taxpayer has elected the application of this 
     subsection with respect to such contribution.
       ``(B) Exception.--Such term shall not include a 
     contribution by a donor if the contribution is--
       ``(i) to an organization described in section 509(a)(3), or
       ``(ii) for establishment of a new, or maintenance of an 
     existing, donor advised fund (as defined in section 
     4966(d)(2)).
       ``(C) Application of election to partnerships and s 
     corporations.--In the case of a partnership or S corporation, 
     the election under subparagraph (A)(iii) shall be made 
     separately by each partner or shareholder.''.
       (13) Suspension of certain limitations on personal casualty 
     losses.--Section 1400S(b)(1), by substituting ``the 
     applicable disaster date'' for ``August 25, 2005''.
       (14) Special rule for determining earned income.--Section 
     1400S(d)--
       (A) by treating an individual as a qualified individual if 
     such individual's principal place of abode on the applicable 
     disaster date was located in a Midwestern disaster area,
       (B) by treating the applicable disaster date with respect 
     to any such individual as the applicable date for purposes of 
     such subsection, and
       (C) by treating an area as described in paragraph 
     (2)(B)(ii) thereof if the area is a Midwestern disaster area 
     only by reason of subsection (b)(2) of this section (relating 
     to areas eligible only for public assistance).
       (15) Adjustments regarding taxpayer and dependency 
     status.--Section 1400S(e), by substituting ``2008 or 2009'' 
     for ``2005 or 2006''.
       (e) Modifications to Katrina Emergency Tax Relief Act of 
     2005.--The following provisions of the Katrina Emergency Tax 
     Relief Act of 2005 shall be applied with the following 
     modifications:
       (1) Additional exemption for housing displaced 
     individual.--Section 302--
       (A) by substituting ``2008 or 2009'' for ``2005 or 2006'' 
     in subsection (a) thereof,
       (B) by substituting ``Midwestern displaced individual'' for 
     ``Hurricane Katrina displaced individual'' each place it 
     appears, and
       (C) by treating an area as a core disaster area for 
     purposes of applying subsection (c) thereof if the area is a 
     Midwestern disaster area without regard to subsection (b)(2) 
     of this section (relating to areas eligible only for public 
     assistance).
       (2) Increase in standard mileage rate.--Section 303, by 
     substituting ``beginning on the applicable disaster date and 
     ending on December 31, 2008'' for ``beginning on August 25, 
     2005, and ending on December 31, 2006''.
       (3) Mileage reimbursements for charitable volunteers.--
     Section 304--
       (A) by substituting ``beginning on the applicable disaster 
     date and ending on December 31, 2008'' for ``beginning on 
     August 25, 2005, and ending on December 31, 2006'' in 
     subsection (a), and
       (B) by substituting ``the applicable disaster date'' for 
     ``August 25, 2005'' in subsection (a).
       (4) Exclusion of certain cancellation of indebtedness 
     income.--Section 401--
       (A) by treating an individual whose principal place of 
     abode on the applicable disaster date was in a Midwestern 
     disaster area (determined without regard to subsection (b)(2) 
     of this section) as an individual described in subsection 
     (b)(1) thereof, and by treating an individual whose principal 
     place of abode on the applicable disaster date was in a 
     Midwestern disaster area solely by reason of subsection 
     (b)(2) of this section as an individual described in 
     subsection (b)(2) thereof,
       (B) by substituting ``the applicable disaster date'' for 
     ``August 28, 2005'' both places it appears, and
       (C) by substituting ``January 1, 2010'' for ``January 1, 
     2007'' in subsection (e).
       (5) Extension of replacement period for nonrecognition of 
     gain.--Section 405, by substituting ``on or after the 
     applicable disaster date'' for ``on or after August 25, 
     2005''.

     SEC. 703. REPORTING REQUIREMENTS RELATING TO DISASTER RELIEF 
                   CONTRIBUTIONS.

       (a) In General.--Section 6033(b) (relating to returns of 
     certain organizations described in section 501(c)(3)) is 
     amended by striking ``and'' at the end of paragraph (13), by 
     redesignating paragraph (14) as paragraph (15), and by adding 
     after paragraph (13) the following new paragraph:
       ``(14) such information as the Secretary may require with 
     respect to disaster relief activities, including the amount 
     and use of qualified contributions to which section 1400S(a) 
     applies, and''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to returns the due date for which (determined 
     without regard to any extension) occurs after December 31, 
     2008.

     SEC. 704. TEMPORARY TAX-EXEMPT BOND FINANCING AND LOW-INCOME 
                   HOUSING TAX RELIEF FOR AREAS DAMAGED BY 
                   HURRICANE IKE.

       (a) Tax-Exempt Bond Financing.--Section 1400N(a) of the 
     Internal Revenue Code of 1986 shall apply to any Hurricane 
     Ike disaster area in addition to any other area referenced in 
     such section, but with the following modifications:
       (1) By substituting ``qualified Hurricane Ike disaster area 
     bond'' for ``qualified Gulf Opportunity Zone Bond'' each 
     place it appears, except that in determining whether a bond 
     is a qualified Hurricane Ike disaster area bond--
       (A) paragraph (2)(A)(i) shall be applied by only treating 
     costs as qualified project costs if--
       (i) in the case of a project involving a private business 
     use (as defined in section 141(b)(6)), either the person 
     using the property suffered a loss in a trade or business 
     attributable to Hurricane Ike or is a person designated for 
     purposes of this section by the Governor of the State in 
     which the project is located as a person carrying on a trade 
     or business replacing a trade or business with respect to 
     which another person suffered such a loss, and
       (ii) in the case of a project relating to public utility 
     property, the project involves repair or reconstruction of 
     public utility property damaged by Hurricane Ike, and
       (B) paragraph (2)(A)(ii) shall be applied by treating an 
     issue as a qualified mortgage issue only if 95 percent or 
     more of the net proceeds (as defined in section 150(a)(3)) of 
     the issue are to be used to provide financing for mortgagors 
     who suffered damages to their principal residences 
     attributable to Hurricane Ike.
       (2) By substituting ``any State in which any Hurricane Ike 
     disaster area is located'' for ``the State of Alabama, 
     Louisiana, or Mississippi'' in paragraph (2)(B).
       (3) By substituting ``designated for purposes of this 
     section (on the basis of providing assistance to areas in the 
     order in which such assistance is most needed)'' for 
     ``designated for purposes of this section'' in paragraph 
     (2)(C).
       (4) By substituting ``January 1, 2013'' for ``January 1, 
     2011'' in paragraph (2)(D).
       (5) By substituting the following for subparagraph (A) of 
     paragraph (3):
       ``(A) Aggregate amount designated.--The maximum aggregate 
     face amount of bonds which may be designated under this 
     subsection with respect to any State shall not exceed the 
     product of $2,000 multiplied by the portion of the State 
     population which is in--
       ``(i) in the case of Texas, the counties of Brazoria, 
     Chambers, Galveston, Jefferson, and Orange, and
       ``(ii) in the case of Louisiana, the parishes of Calcasieu 
     and Cameron,
     (as determined on the basis of the most recent census 
     estimate of resident population released by the Bureau of 
     Census before September 13, 2008).''.
       (6) By substituting ``qualified Hurricane Ike disaster area 
     repair or construction'' for ``qualified GO Zone repair or 
     construction'' each place it appears.
       (7) By substituting ``after the date of the enactment of 
     the Heartland Disaster Tax Relief Act of 2008 and before 
     January 1, 2013'' for ``after the date of the enactment of 
     this paragraph and before January 1, 2011'' in paragraph 
     (7)(C).
       (8) By disregarding paragraph (8) thereof.
       (9) By substituting ``any Hurricane Ike disaster area'' for 
     ``the Gulf Opportunity Zone'' each place it appears.
       (b) Low-Income Housing Credit.--Section 1400N(c) of the 
     Internal Revenue Code of 1986 shall apply to any Hurricane 
     Ike disaster area in addition to any other area referenced in 
     such section, but with the following modifications:
       (1) Only with respect to calendar years 2008, 2009, and 
     2010.
       (2) By substituting ``any Hurricane Ike disaster area'' for 
     ``the Gulf Opportunity Zone'' each place it appears.
       (3) By substituting ``Hurricane Ike Recovery Assistance 
     housing amount'' for ``Gulf Opportunity housing amount'' each 
     place it appears.
       (4) By substituting the following for subparagraph (B) of 
     paragraph (1):
       ``(B) Hurricane ike housing amount.--For purposes of 
     subparagraph (A), the term `Hurricane Ike housing amount' 
     means, for any calendar year, the amount equal to the product 
     of $16.00 multiplied by the portion of the State population 
     which is in--
       ``(i) in the case of Texas, the counties of Brazoria, 
     Chambers, Galveston, Jefferson, and Orange, and
       ``(ii) in the case of Louisiana, the parishes of Calcasieu 
     and Cameron,
     (as determined on the basis of the most recent census 
     estimate of resident population released by the Bureau of 
     Census before September 13, 2008).''.
       (5) Determined without regard to paragraphs (2), (3), (4), 
     (5), and (6) thereof.
       (c) Hurricane Ike Disaster Area.--For purposes of this 
     section and for applying the substitutions described in 
     subsections (a) and (b), the term ``Hurricane Ike disaster 
     area'' means an area in the State of Texas or Louisiana--

[[Page 23067]]

       (1) with respect to which a major disaster has been 
     declared by the President on September 13, 2008, under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act by reason of Hurricane Ike, and
       (2) determined by the President to warrant individual or 
     individual and public assistance from the Federal Government 
     under such Act with respect to damages attributable to 
     Hurricane Ike.

                  Subtitle B--National Disaster Relief

     SEC. 706. LOSSES ATTRIBUTABLE TO FEDERALLY DECLARED 
                   DISASTERS.

       (a) Waiver of Adjusted Gross Income Limitation.--
       (1) In general.--Subsection (h) of section 165 is amended 
     by redesignating paragraphs (3) and (4) as paragraphs (4) and 
     (5), respectively, and by inserting after paragraph (2) the 
     following new paragraph:
       ``(3) Special rule for losses in federally declared 
     disasters.--
       ``(A) In general.--If an individual has a net disaster loss 
     for any taxable year, the amount determined under paragraph 
     (2)(A)(ii) shall be the sum of--
       ``(i) such net disaster loss, and
       ``(ii) so much of the excess referred to in the matter 
     preceding clause (i) of paragraph (2)(A) (reduced by the 
     amount in clause (i) of this subparagraph) as exceeds 10 
     percent of the adjusted gross income of the individual.
       ``(B) Net disaster loss.--For purposes of subparagraph (A), 
     the term `net disaster loss' means the excess of--
       ``(i) the personal casualty losses--

       ``(I) attributable to a federally declared disaster 
     occurring before January 1, 2010, and
       ``(II) occurring in a disaster area, over

       ``(ii) personal casualty gains.
       ``(C) Federally declared disaster.--For purposes of this 
     paragraph--
       ``(i) Federally declared disaster.--The term `federally 
     declared disaster' means any disaster subsequently determined 
     by the President of the United States to warrant assistance 
     by the Federal Government under the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act.
       ``(ii) Disaster area.--The term `disaster area' means the 
     area so determined to warrant such assistance.''.
       (2) Conforming amendments.--
       (A) Section 165(h)(4)(B) (as so redesignated) is amended by 
     striking ``paragraph (2)'' and inserting ``paragraphs (2) and 
     (3)''.
       (B) Section 165(i)(1) is amended by striking ``loss'' and 
     all that follows through ``Act'' and inserting ``loss 
     occurring in a disaster area (as defined by clause (ii) of 
     subsection (h)(3)(C)) and attributable to a federally 
     declared disaster (as defined by clause (i) of such 
     subsection)''.
       (C) Section 165(i)(4) is amended by striking 
     ``Presidentially declared disaster (as defined by section 
     1033(h)(3))'' and inserting ``federally declared disaster (as 
     defined by subsection (h)(3)(C)(i)''.
       (D)(i) So much of subsection (h) of section 1033 as 
     precedes subparagraph (A) of paragraph (1) thereof is amended 
     to read as follows:
       ``(h) Special Rules for Property Damaged by Federally 
     Declared Disasters.--
       ``(1) Principal residences.--If the taxpayer's principal 
     residence or any of its contents is located in a disaster 
     area and is compulsorily or involuntarily converted as a 
     result of a federally declared disaster--''.
       (ii) Paragraph (2) of section 1033(h) is amended by 
     striking ``investment'' and all that follows through 
     ``disaster'' and inserting ``investment located in a disaster 
     area and compulsorily or involuntarily converted as a result 
     of a federally declared disaster''.
       (iii) Paragraph (3) of section 1033(h) is amended to read 
     as follows:
       ``(3) Federally declared disaster; disaster area.--The 
     terms ``federally declared disaster'' and ``disaster area'' 
     shall have the respective meaning given such terms by section 
     165(h)(3)(C).''.
       (iv) Section 139(c)(2) is amended to read as follows:
       ``(2) federally declared disaster (as defined by section 
     165(h)(3)(C)(i)),''.
       (v) Subclause (II) of section 172(b)(1)(F)(ii) is amended 
     by striking ``Presidentially declared disasters (as defined 
     in section 1033(h)(3))'' and inserting ``federally declared 
     disasters (as defined by subsection (h)(3)(C)(i))''.
       (vi) Subclause (III) of section 172(b)(1)(F)(ii) is amended 
     by striking ``Presidentially declared disasters'' and 
     inserting ``federally declared disasters''.
       (vii) Subsection (a) of section 7508A is amended by 
     striking ``Presidentially declared disaster (as defined in 
     section 1033(h)(3))'' and inserting ``federally declared 
     disaster (as defined by section 165(h)(3)(C)(i))''.
       (b) Increase in Standard Deduction by Disaster Casualty 
     Loss.--
       (1) In general.--Paragraph (1) of section 63(c), as amended 
     by the Housing Assistance Tax Act of 2008, is amended by 
     striking ``and'' at the end of subparagraph (B), by striking 
     the period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(D) the disaster loss deduction.''.
       (2) Disaster loss deduction.--Subsection (c) of section 63, 
     as amended by the Housing Assistance Tax Act of 2008, is 
     amended by adding at the end the following new paragraph:
       ``(8) Disaster loss deduction.--For the purposes of 
     paragraph (1), the term `disaster loss deduction' means the 
     net disaster loss (as defined in section 165(h)(3)(B)).''.
       (3) Allowance in computing alternative minimum taxable 
     income.--Subparagraph (E) of section 56(b)(1) is amended by 
     adding at the end the following new sentence: ``The preceding 
     sentence shall not apply to so much of the standard deduction 
     as is determined under section 63(c)(1)(D).''.
       (c) Increase in Limitation on Individual Loss Per 
     Casualty.--Paragraph (1) of section 165(h) is amended by 
     striking ``$100'' and inserting ``$500 ($100 for taxable 
     years beginning after December 31, 2009)''.
       (d) Effective Dates.--
       (1) In general.--Except as provided by paragraph (2), the 
     amendments made by this section shall apply to disasters 
     declared in taxable years beginning after December 31, 2007.
       (2) Increase in limitation on individual loss per 
     casualty.--The amendment made by subsection (c) shall apply 
     to taxable years beginning after December 31, 2008.

     SEC. 707. EXPENSING OF QUALIFIED DISASTER EXPENSES.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by inserting after section 198 the following new 
     section:

     ``SEC. 198A. EXPENSING OF QUALIFIED DISASTER EXPENSES.

       ``(a) In General.--A taxpayer may elect to treat any 
     qualified disaster expenses which are paid or incurred by the 
     taxpayer as an expense which is not chargeable to capital 
     account. Any expense which is so treated shall be allowed as 
     a deduction for the taxable year in which it is paid or 
     incurred.
       ``(b) Qualified Disaster Expense.--For purposes of this 
     section, the term `qualified disaster expense' means any 
     expenditure--
       ``(1) which is paid or incurred in connection with a trade 
     or business or with business-related property,
       ``(2) which is--
       ``(A) for the abatement or control of hazardous substances 
     that were released on account of a federally declared 
     disaster occurring before January 1, 2010,
       ``(B) for the removal of debris from, or the demolition of 
     structures on, real property which is business-related 
     property damaged or destroyed as a result of a federally 
     declared disaster occurring before such date, or
       ``(C) for the repair of business-related property damaged 
     as a result of a federally declared disaster occurring before 
     such date, and
       ``(3) which is otherwise chargeable to capital account.
       ``(c) Other Definitions.--For purposes of this section--
       ``(1) Business-related property.--The term `business-
     related property' means property--
       ``(A) held by the taxpayer for use in a trade or business 
     or for the production of income, or
       ``(B) described in section 1221(a)(1) in the hands of the 
     taxpayer.
       ``(2) Federally declared disaster.--The term `federally 
     declared disaster' has the meaning given such term by section 
     165(h)(3)(C)(i).
       ``(d) Deduction Recaptured as Ordinary Income on Sale, 
     etc.--Solely for purposes of section 1245, in the case of 
     property to which a qualified disaster expense would have 
     been capitalized but for this section--
       ``(1) the deduction allowed by this section for such 
     expense shall be treated as a deduction for depreciation, and
       ``(2) such property (if not otherwise section 1245 
     property) shall be treated as section 1245 property solely 
     for purposes of applying section 1245 to such deduction.
       ``(e) Coordination With Other Provisions.--Sections 198, 
     280B, and 468 shall not apply to amounts which are treated as 
     expenses under this section.
       ``(f) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 is amended by inserting after 
     the item relating to section 198 the following new item:

``Sec. 198A. Expensing of Qualified Disaster Expenses.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2007 in connection with disaster declared after such date.

     SEC. 708. NET OPERATING LOSSES ATTRIBUTABLE TO FEDERALLY 
                   DECLARED DISASTERS.

       (a) In General.--Paragraph (1) of section 172(b) is amended 
     by adding at the end the following new subparagraph:
       ``(J) Certain losses attributable federally declared 
     disasters.--In the case of a taxpayer who has a qualified 
     disaster loss (as defined in subsection (j)), such loss shall 
     be a net operating loss carryback to each of the 5 taxable 
     years preceding the taxable year of such loss.''.
       (b) Qualified Disaster Loss.--Section 172 is amended by 
     redesignating subsections (j) and (k) as subsections (k) and 
     (l), respectively, and by inserting after subsection (i) the 
     following new subsection:
       ``(j) Rules Relating to Qualified Disaster Losses.--For 
     purposes of this section--
       ``(1) In general.--The term `qualified disaster loss' means 
     the lesser of--
       ``(A) the sum of--
       ``(i) the losses allowable under section 165 for the 
     taxable year--

       ``(I) attributable to a federally declared disaster (as 
     defined in section 165(h)(3)(C)(i)) occurring before January 
     1, 2010, and
       ``(II) occurring in a disaster area (as defined in section 
     165(h)(3)(C)(ii)), and

       ``(ii) the deduction for the taxable year for qualified 
     disaster expenses which is allowable

[[Page 23068]]

     under section 198A(a) or which would be so allowable if not 
     otherwise treated as an expense, or
       ``(B) the net operating loss for such taxable year.
       ``(2) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), a qualified disaster loss for any 
     taxable year shall be treated in a manner similar to the 
     manner in which a specified liability loss is treated.
       ``(3) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(J) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(J). Such 
     election shall be made in such manner as may be prescribed by 
     the Secretary and shall be made by the due date (including 
     extensions of time) for filing the taxpayer's return for the 
     taxable year of the net operating loss. Such election, once 
     made for any taxable year, shall be irrevocable for such 
     taxable year.
       ``(4) Exclusion.--The term `qualified disaster loss' shall 
     not include any loss with respect to any property described 
     in section 1400N(p)(3).''.
       (c) Loss Deduction Allowed in Computing Alternative Minimum 
     Taxable Income.--Subsection (d) of section 56 is amended by 
     adding at the end the following new paragraph:
       ``(3) Net operating loss attributable to federally declared 
     disasters.--In the case of a taxpayer which has a qualified 
     disaster loss (as defined by section 172(b)(1)(J)) for the 
     taxable year, paragraph (1) shall be applied by increasing 
     the amount determined under subparagraph (A)(ii)(I) thereof 
     by the sum of the carrybacks and carryovers of such loss.''.
       (d) Conforming Amendments.--
       (1) Clause (ii) of section 172(b)(1)(F) is amended by 
     inserting ``or qualified disaster loss (as defined in 
     subsection (j))'' before the period at the end of the last 
     sentence.
       (2) Paragraph (1) of section 172(i) is amended by adding at 
     the end the following new flush sentence:

     ``Such term shall not include any qualified disaster loss (as 
     defined in subsection (j)).''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to losses arising in taxable years beginning 
     after December 31, 2007, in connection with disasters 
     declared after such date.

     SEC. 709. WAIVER OF CERTAIN MORTGAGE REVENUE BOND 
                   REQUIREMENTS FOLLOWING FEDERALLY DECLARED 
                   DISASTERS.

       (a) In General.--Subsection (k) of section 143 is amended 
     by adding at the end the following new paragraph:
       ``(12) Special rules for residences destroyed in federally 
     declared disasters.--
       ``(A) Principal residence destroyed.--At the election of 
     the taxpayer, if the principal residence (within the meaning 
     of section 121) of such taxpayer is--
       ``(i) rendered unsafe for use as a residence by reason of a 
     federally declared disaster occurring before January 1, 2010, 
     or
       ``(ii) demolished or relocated by reason of an order of the 
     government of a State or political subdivision thereof on 
     account of a federally declared disaster occurring before 
     such date,

     then, for the 2-year period beginning on the date of the 
     disaster declaration, subsection (d)(1) shall not apply with 
     respect to such taxpayer and subsection (e) shall be applied 
     by substituting `110' for `90' in paragraph (1) thereof.
       ``(B) Principal residence damaged.--
       ``(i) In general.--At the election of the taxpayer, if the 
     principal residence (within the meaning of section 121) of 
     such taxpayer was damaged as the result of a federally 
     declared disaster occurring before January 1, 2010, any 
     owner-financing provided in connection with the repair or 
     reconstruction of such residence shall be treated as a 
     qualified rehabilitation loan.
       ``(ii) Limitation.--The aggregate owner-financing to which 
     clause (i) applies shall not exceed the lesser of--

       ``(I) the cost of such repair or reconstruction, or
       ``(II) $150,000.

       ``(C) Federally declared disaster.--For purposes of this 
     paragraph, the term `federally declared disaster' has the 
     meaning given such term by section 165(h)(3)(C)(i).
       ``(D) Election; denial of double benefit.--
       ``(i) Election.--An election under this paragraph may not 
     be revoked except with the consent of the Secretary.
       ``(ii) Denial of double benefit.--If a taxpayer elects the 
     application of this paragraph, paragraph (11) shall not apply 
     with respect to the purchase or financing of any residence by 
     such taxpayer.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to disasters occurring after December 31, 2007.

     SEC. 710. SPECIAL DEPRECIATION ALLOWANCE FOR QUALIFIED 
                   DISASTER PROPERTY.

       (a) In General.--Section 168, as amended by this Act, is 
     amended by adding at the end the following new subsection:
       ``(n) Special Allowance for Qualified Disaster Assistance 
     Property.--
       ``(1) In general.--In the case of any qualified disaster 
     assistance property--
       ``(A) the depreciation deduction provided by section 167(a) 
     for the taxable year in which such property is placed in 
     service shall include an allowance equal to 50 percent of the 
     adjusted basis of the qualified disaster assistance property, 
     and
       ``(B) the adjusted basis of the qualified disaster 
     assistance property shall be reduced by the amount of such 
     deduction before computing the amount otherwise allowable as 
     a depreciation deduction under this chapter for such taxable 
     year and any subsequent taxable year.
       ``(2) Qualified disaster assistance property.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified disaster assistance 
     property' means any property--
       ``(i)(I) which is described in subsection (k)(2)(A)(i), or
       ``(II) which is nonresidential real property or residential 
     rental property,
       ``(ii) substantially all of the use of which is--

       ``(I) in a disaster area with respect to a federally 
     declared disaster occurring before January 1, 2010, and
       ``(II) in the active conduct of a trade or business by the 
     taxpayer in such disaster area,

       ``(iii) which--

       ``(I) rehabilitates property damaged, or replaces property 
     destroyed or condemned, as a result of such federally 
     declared disaster, except that, for purposes of this clause, 
     property shall be treated as replacing property destroyed or 
     condemned if, as part of an integrated plan, such property 
     replaces property which is included in a continuous area 
     which includes real property destroyed or condemned, and
       ``(II) is similar in nature to, and located in the same 
     county as, the property being rehabilitated or replaced,

       ``(iv) the original use of which in such disaster area 
     commences with an eligible taxpayer on or after the 
     applicable disaster date,
       ``(v) which is acquired by such eligible taxpayer by 
     purchase (as defined in section 179(d)) on or after the 
     applicable disaster date, but only if no written binding 
     contract for the acquisition was in effect before such date, 
     and
       ``(vi) which is placed in service by such eligible taxpayer 
     on or before the date which is the last day of the third 
     calendar year following the applicable disaster date (the 
     fourth calendar year in the case of nonresidential real 
     property and residential rental property).
       ``(B) Exceptions.--
       ``(i) Other bonus depreciation property.--The term 
     `qualified disaster assistance property' shall not include--

       ``(I) any property to which subsection (k) (determined 
     without regard to paragraph (4)), (l), or (m) applies,
       ``(II) any property to which section 1400N(d) applies, and
       ``(III) any property described in section 1400N(p)(3).

       ``(ii) Alternative depreciation property.--The term 
     `qualified disaster assistance property' shall not include 
     any property to which the alternative depreciation system 
     under subsection (g) applies, determined without regard to 
     paragraph (7) of subsection (g) (relating to election to have 
     system apply).
       ``(iii) Tax-exempt bond financed property.--Such term shall 
     not include any property any portion of which is financed 
     with the proceeds of any obligation the interest on which is 
     exempt from tax under section 103.
       ``(iv) Qualified revitalization buildings.--Such term shall 
     not include any qualified revitalization building with 
     respect to which the taxpayer has elected the application of 
     paragraph (1) or (2) of section 1400I(a).
       ``(v) Election out.--If a taxpayer makes an election under 
     this clause with respect to any class of property for any 
     taxable year, this subsection shall not apply to all property 
     in such class placed in service during such taxable year.
       ``(C) Special rules.--For purposes of this subsection, 
     rules similar to the rules of subparagraph (E) of subsection 
     (k)(2) shall apply, except that such subparagraph shall be 
     applied--
       ``(i) by substituting `the applicable disaster date' for 
     `December 31, 2007' each place it appears therein,
       ``(ii) without regard to `and before January 1, 2009' in 
     clause (i) thereof, and
       ``(iii) by substituting `qualified disaster assistance 
     property' for `qualified property' in clause (iv) thereof.
       ``(D) Allowance against alternative minimum tax.--For 
     purposes of this subsection, rules similar to the rules of 
     subsection (k)(2)(G) shall apply.
       ``(3) Other definitions.--For purposes of this subsection--
       ``(A) Applicable disaster date.--The term `applicable 
     disaster date' means, with respect to any federally declared 
     disaster, the date on which such federally declared disaster 
     occurs.
       ``(B) Federally declared disaster.--The term `federally 
     declared disaster' has the meaning given such term under 
     section 165(h)(3)(C)(i).
       ``(C) Disaster area.--The term `disaster area' has the 
     meaning given such term under section 165(h)(3)(C)(ii).
       ``(D) Eligible taxpayer.--The term `eligible taxpayer' 
     means a taxpayer who has suffered an economic loss 
     attributable to a federally declared disaster.
       ``(4) Recapture.--For purposes of this subsection, rules 
     similar to the rules under section 179(d)(10) shall apply 
     with respect to any qualified disaster assistance property 
     which ceases to be qualified disaster assistance property.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007, with respect disasters declared after such date.

     SEC. 711. INCREASED EXPENSING FOR QUALIFIED DISASTER 
                   ASSISTANCE PROPERTY.

       (a) In General.--Section 179 is amended by adding at the 
     end the following new subsection:
       ``(e) Special Rules for Qualified Disaster Assistance 
     Property.--

[[Page 23069]]

       ``(1) In general.--For purposes of this section--
       ``(A) the dollar amount in effect under subsection (b)(1) 
     for the taxable year shall be increased by the lesser of--
       ``(i) $100,000, or
       ``(ii) the cost of qualified section 179 disaster 
     assistance property placed in service during the taxable 
     year, and
       ``(B) the dollar amount in effect under subsection (b)(2) 
     for the taxable year shall be increased by the lesser of--
       ``(i) $600,000, or
       ``(ii) the cost of qualified section 179 disaster 
     assistance property placed in service during the taxable 
     year.
       ``(2) Qualified section 179 disaster assistance property.--
     For purposes of this subsection, the term `qualified section 
     179 disaster assistance property' means section 179 property 
     (as defined in subsection (d)) which is qualified disaster 
     assistance property (as defined in section 168(n)(2)).
       ``(3) Coordination with empowerment zones and renewal 
     communities.--For purposes of sections 1397A and 1400J, 
     qualified section 179 disaster assistance property shall not 
     be treated as qualified zone property or qualified renewal 
     property, unless the taxpayer elects not to take such 
     qualified section 179 disaster assistance property into 
     account for purposes of this subsection.
       ``(4) Recapture.--For purposes of this subsection, rules 
     similar to the rules under subsection (d)(10) shall apply 
     with respect to any qualified section 179 disaster assistance 
     property which ceases to be qualified section 179 disaster 
     assistance property.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2007, with respect disasters declared after such date.

     SEC. 712. COORDINATION WITH HEARTLAND DISASTER RELIEF.

       The amendments made by this subtitle, other than the 
     amendments made by sections 706(a)(2), 710, and 711, shall 
     not apply to any disaster described in section 702(c)(1)(A), 
     or to any expenditure or loss resulting from such disaster.

TITLE VIII--SPENDING REDUCTIONS AND APPROPRIATE REVENUE RAISERS FOR NEW 
                           TAX RELIEF POLICY

     SEC. 801. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN TAX 
                   INDIFFERENT PARTIES.

       (a) In General.--Subpart B of part II of subchapter E of 
     chapter 1 is amended by inserting after section 457 the 
     following new section:

     ``SEC. 457A. NONQUALIFIED DEFERRED COMPENSATION FROM CERTAIN 
                   TAX INDIFFERENT PARTIES.

       ``(a) In General.--Any compensation which is deferred under 
     a nonqualified deferred compensation plan of a nonqualified 
     entity shall be includible in gross income when there is no 
     substantial risk of forfeiture of the rights to such 
     compensation.
       ``(b) Nonqualified Entity.--For purposes of this section, 
     the term `nonqualified entity' means--
       ``(1) any foreign corporation unless substantially all of 
     its income is--
       ``(A) effectively connected with the conduct of a trade or 
     business in the United States, or
       ``(B) subject to a comprehensive foreign income tax, and
       ``(2) any partnership unless substantially all of its 
     income is allocated to persons other than--
       ``(A) foreign persons with respect to whom such income is 
     not subject to a comprehensive foreign income tax, and
       ``(B) organizations which are exempt from tax under this 
     title.
       ``(c) Determinability of Amounts of Compensation.--
       ``(1) In general.--If the amount of any compensation is not 
     determinable at the time that such compensation is otherwise 
     includible in gross income under subsection (a)--
       ``(A) such amount shall be so includible in gross income 
     when determinable, and
       ``(B) the tax imposed under this chapter for the taxable 
     year in which such compensation is includible in gross income 
     shall be increased by the sum of--
       ``(i) the amount of interest determined under paragraph 
     (2), and
       ``(ii) an amount equal to 20 percent of the amount of such 
     compensation.
       ``(2) Interest.--For purposes of paragraph (1)(B)(i), the 
     interest determined under this paragraph for any taxable year 
     is the amount of interest at the underpayment rate under 
     section 6621 plus 1 percentage point on the underpayments 
     that would have occurred had the deferred compensation been 
     includible in gross income for the taxable year in which 
     first deferred or, if later, the first taxable year in which 
     such deferred compensation is not subject to a substantial 
     risk of forfeiture.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Substantial risk of forfeiture.--
       ``(A) In general.--The rights of a person to compensation 
     shall be treated as subject to a substantial risk of 
     forfeiture only if such person's rights to such compensation 
     are conditioned upon the future performance of substantial 
     services by any individual.
       ``(B) Exception for compensation based on gain recognized 
     on an investment asset.--
       ``(i) In general.--To the extent provided in regulations 
     prescribed by the Secretary, if compensation is determined 
     solely by reference to the amount of gain recognized on the 
     disposition of an investment asset, such compensation shall 
     be treated as subject to a substantial risk of forfeiture 
     until the date of such disposition.
       ``(ii) Investment asset.--For purposes of clause (i), the 
     term `investment asset' means any single asset (other than an 
     investment fund or similar entity)--

       ``(I) acquired directly by an investment fund or similar 
     entity,
       ``(II) with respect to which such entity does not (nor does 
     any person related to such entity) participate in the active 
     management of such asset (or if such asset is an interest in 
     an entity, in the active management of the activities of such 
     entity), and
       ``(III) substantially all of any gain on the disposition of 
     which (other than such deferred compensation) is allocated to 
     investors in such entity.

       ``(iii) Coordination with special rule.--Paragraph (3)(B) 
     shall not apply to any compensation to which clause (i) 
     applies.
       ``(2) Comprehensive foreign income tax.--The term 
     `comprehensive foreign income tax' means, with respect to any 
     foreign person, the income tax of a foreign country if--
       ``(A) such person is eligible for the benefits of a 
     comprehensive income tax treaty between such foreign country 
     and the United States, or
       ``(B) such person demonstrates to the satisfaction of the 
     Secretary that such foreign country has a comprehensive 
     income tax.
       ``(3) Nonqualified deferred compensation plan.--
       ``(A) In general.--The term `nonqualified deferred 
     compensation plan' has the meaning given such term under 
     section 409A(d), except that such term shall include any plan 
     that provides a right to compensation based on the 
     appreciation in value of a specified number of equity units 
     of the service recipient.
       ``(B) Exception.--Compensation shall not be treated as 
     deferred for purposes of this section if the service provider 
     receives payment of such compensation not later than 12 
     months after the end of the taxable year of the service 
     recipient during which the right to the payment of such 
     compensation is no longer subject to a substantial risk of 
     forfeiture.
       ``(4) Exception for certain compensation with respect to 
     effectively connected income.--In the case a foreign 
     corporation with income which is taxable under section 882, 
     this section shall not apply to compensation which, had such 
     compensation had been paid in cash on the date that such 
     compensation ceased to be subject to a substantial risk of 
     forfeiture, would have been deductible by such foreign 
     corporation against such income.
       ``(5) Application of rules.--Rules similar to the rules of 
     paragraphs (5) and (6) of section 409A(d) shall apply.
       ``(e) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section, including regulations 
     disregarding a substantial risk of forfeiture in cases where 
     necessary to carry out the purposes of this section.''.
       (b) Conforming Amendment.--Section 26(b)(2), as amended by 
     the Housing Assistance Tax Act of 2008, is amended by 
     striking ``and'' at the end of subparagraph (V), by striking 
     the period at the end of subparagraph (W) and inserting ``, 
     and'', and by adding at the end the following new 
     subparagraph:
       ``(X) section 457A(c)(1)(B) (relating to determinability of 
     amounts of compensation).''.
       (c) Clerical Amendment.--The table of sections of subpart B 
     of part II of subchapter E of chapter 1 is amended by 
     inserting after the item relating to section 457 the 
     following new item:

``Sec. 457A. Nonqualified deferred compensation from certain tax 
              indifferent parties.''.

       (d) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to amounts deferred which are attributable to services 
     performed after December 31, 2008.
       (2) Application to existing deferrals.--In the case of any 
     amount deferred to which the amendments made by this section 
     do not apply solely by reason of the fact that the amount is 
     attributable to services performed before January 1, 2009, to 
     the extent such amount is not includible in gross income in a 
     taxable year beginning before 2018, such amounts shall be 
     includible in gross income in the later of--
       (A) the last taxable year beginning before 2018, or
       (B) the taxable year in which there is no substantial risk 
     of forfeiture of the rights to such compensation (determined 
     in the same manner as determined for purposes of section 457A 
     of the Internal Revenue Code of 1986, as added by this 
     section).
       (3) Accelerated payments.--No later than 120 days after the 
     date of the enactment of this Act, the Secretary shall issue 
     guidance providing a limited period of time during which a 
     nonqualified deferred compensation arrangement attributable 
     to services performed on or before December 31, 2008, may, 
     without violating the requirements of section 409A(a) of the 
     Internal Revenue Code of 1986, be amended to conform the date 
     of distribution to the date the amounts are required to be 
     included in income.
       (4) Certain back-to-back arrangements.--If the taxpayer is 
     also a service recipient and maintains one or more 
     nonqualified deferred compensation arrangements for its 
     service providers under which any amount is attributable to 
     services performed on or before December 31, 2008, the 
     guidance issued under paragraph (4) shall permit such 
     arrangements to be amended

[[Page 23070]]

     to conform the dates of distribution under such arrangement 
     to the date amounts are required to be included in the income 
     of such taxpayer under this subsection.
       (5) Accelerated payment not treated as material 
     modification.--Any amendment to a nonqualified deferred 
     compensation arrangement made pursuant to paragraph (4) or 
     (5) shall not be treated as a material modification of the 
     arrangement for purposes of section 409A of the Internal 
     Revenue Code of 1986.

     

                          ____________________


                 ORDERS FOR TUESDAY, SEPTEMBER 30, 2008

  Mr. WHITEHOUSE. Madam President, I ask unanimous consent that when 
the Senate completes its business today, it stand in recess until 10 
a.m. on Tuesday, September 30; that following the prayer and pledge, 
the Journal of proceedings be approved to date, the time for the two 
leaders be reserved for their use later in the day, and the Senate 
resume consideration of H.R. 2095.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________




                                PROGRAM

  Mr. WHITEHOUSE. Madam President, tomorrow the Senate will resume 
consideration of the rail safety/Amtrak legislation postcloture. There 
will be no rollcall votes during Tuesday's session.

                          ____________________




                     RECESS UNTIL 10 A.M. TOMORROW

  Mr. WHITEHOUSE. Madam President, if there is no further business to 
come before the Senate, I ask unanimous consent that it stand in recess 
under the previous order.
  There being no objection, the Senate, at 5:06 p.m., recessed until 
Tuesday, September 30, 2008, at 10 a.m.

                          ____________________




                              NOMINATIONS

  Executive nominations received by the Senate:


                    Environmental Protection Agency

       G. DAVID BANKS, OF MISSOURI, TO BE AN ASSISTANT 
     ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY, VICE 
     JUDITH ELIZABETH AYRES, RESIGNED.


                      Department of Transportation

       DAVID KELLY, OF NEW YORK, TO BE ADMINISTRATOR OF THE 
     NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION, VICE NICOLE 
     R. NASON, 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. John C. Koziol

       THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED 
     STATES AIR FORCE TO THE GRADE INDICATED UNDER TITLE 10, 
     U.S.C., SECTION 624:

                          To be major general

Brig. Gen. Stephen L. Hoog




[[Page 23071]]

          HOUSE OF REPRESENTATIVES--Monday, September 29, 2008

  The House met at 8 a.m. and was called to order by the Speaker pro 
tempore (Mr. McNulty).

                          ____________________




                 DESIGNATION OF THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore laid before the House the following 
communication from the Speaker:

                                               Washington, DC,

                                               September 29, 2008.
       I hereby appoint the Honorable Michael R. McNulty to act as 
     Speaker pro tempore on this day.
                                                     Nancy Pelosi,
     Speaker of the House of Representatives.

                          ____________________




                                 PRAYER

  The Chaplain, the Reverend Daniel P. Coughlin, offered the following 
prayer:
  Save Your people, Lord, and bless Your inheritance. Govern and uphold 
them now and always. Day by day we bless You. We praise Your name 
forever.
  Keep us today, Lord, from all evil. Have mercy on us, Lord. Have 
mercy, for we put our trust in You.
  In You, Lord, is our hope, and we shall never hope in vain. 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. Will the gentlewoman from North Carolina (Ms. Foxx) come 
forward and lead the House in the Pledge of Allegiance.
  Ms. FOXX 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.

                          ____________________




                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, proceedings 
will resume on questions previously postponed.
  Votes will be taken in the following order: motion to suspend the 
rules and pass S. 906, if ordered; ordering the previous question on 
House Resolution 1517; and adopting House Resolution 1517, if ordered.
  The first electronic vote will be conducted as a 15-minute vote. 
Remaining electronic votes will be conducted as 5-minute votes.

                          ____________________




                     MERCURY EXPORT BAN ACT OF 2008

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and passing the Senate bill, S. 906.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Maine (Mr. Allen) that the House suspend the rules and 
pass the Senate bill, S. 906.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. JACKSON of Illinois. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 393, 
nays 5, answered ``present'' 6, not voting 29, as follows:

                             [Roll No. 669]

                               YEAS--393

     Abercrombie
     Ackerman
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Bean
     Becerra
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Blunt
     Boehner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crenshaw
     Crowley
     Cuellar
     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 (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fossella
     Foster
     Foxx
     Frank (MA)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gohmert
     Gonzalez
     Goode
     Goodlatte
     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
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     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
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     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
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Simpson
     Sires
     Slaughter
     Smith (NE)

[[Page 23072]]


     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Walberg
     Walden (OR)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Weldon (FL)
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                                NAYS--5

     Broun (GA)
     Flake
     Paul
     Sali
     Westmoreland

                        ANSWERED ``PRESENT''--6

     Blackburn
     Bonner
     Everett
     Franks (AZ)
     Gingrey
     Poe

                             NOT VOTING--29

     Aderholt
     Barton (TX)
     Berkley
     Bishop (UT)
     Cubin
     Culberson
     Fortenberry
     Gordon
     Hinchey
     Hinojosa
     Jefferson
     Johnson, Sam
     Langevin
     McMorris Rodgers
     Pickering
     Pryce (OH)
     Rush
     Skelton
     Souder
     Stearns
     Tancredo
     Tiahrt
     Visclosky
     Walsh (NY)
     Waxman
     Weller
     Wexler
     Wolf
     Young (AK)

                              {time}  0830

  Mr. SALI changed his vote from ``yea'' to ``nay.''
  Messrs. BARRETT of South Carolina, BOOZMAN, Mrs. SCHMIDT, and Mr. 
SCOTT of Georgia changed their vote from ``nay'' to ``yea.''
  Mr. WESTMORELAND changed his vote from ``present'' to ``nay.''
  Messrs. BONNER, EVERETT, and POE changed their vote from ``yea'' to 
``present.''
  So (two-thirds being in the affirmative) the rules were suspended and 
the Senate 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. STEARNS. Mr. Speaker, on rollcall No. 669, I was ``unavoidably 
detained.'' Had I been present, I would have voted ``yea.''
  Mr. TIAHRT. Mr. Speaker, on rollcall No. 669, unavoidable delays 
caused me to miss this vote. Had I been present, I would have voted 
``yea.''

                          ____________________




PROVIDING FOR CONSIDERATION OF SENATE AMENDMENT TO H.R. 3997, EMERGENCY 
                   ECONOMIC STABILIZATION ACT OF 2008

  The SPEAKER pro tempore. The unfinished business is the vote on 
ordering the previous question on House Resolution 1517, on which the 
yeas and nays were ordered.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. The question is on ordering the previous 
question.
  This is a 5-minute vote.
  The vote was taken by electronic device, and there were--yeas 217, 
nays 196, not voting 20, as follows:

                             [Roll No. 670]

                               YEAS--217

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Foster
     Frank (MA)
     Franks (AZ)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     LaHood
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mitchell
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--196

     Aderholt
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Davis (KY)
     Davis, David
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kaptur
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--20

     Akin
     Berkley
     Cubin
     Culberson
     Ellison
     Hinchey
     Hinojosa
     Jefferson
     Langevin
     Lewis (GA)
     Miller, Gary
     Mollohan
     Pryce (OH)
     Roybal-Allard
     Rush
     Tancredo
     Waxman
     Weller
     Wexler
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining on this vote.

                              {time}  0836

  So the previous question was ordered.
  The result of the vote was announced as above recorded.
  The SPEAKER pro tempore (Mrs. Tauscher). The question is on the 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. DREIER. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 220, 
noes 198, not voting 15, as follows:

[[Page 23073]]



                             [Roll No. 671]

                               AYES--220

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Calvert
     Campbell (CA)
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     Davis, Tom
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Dreier
     Edwards (MD)
     Edwards (TX)
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Foster
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Granger
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Inslee
     Israel
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     LaHood
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Peterson (MN)
     Pomeroy
     Price (NC)
     Radanovich
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shea-Porter
     Sherman
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NOES--198

     Aderholt
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Camp (MI)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Cazayoux
     Chabot
     Childers
     Coble
     Cohen
     Cole (OK)
     Conaway
     Conyers
     Crenshaw
     Davis (KY)
     Davis, David
     Deal (GA)
     DeFazio
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Gilchrest
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Graves
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hill
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Jackson (IL)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kaptur
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shimkus
     Shuler
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (FL)

                             NOT VOTING--15

     Akin
     Cubin
     Culberson
     Hinchey
     Hinojosa
     Jefferson
     Langevin
     Perlmutter
     Pryce (OH)
     Rush
     Tancredo
     Waxman
     Weller
     Wexler
     Young (AK)


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore. Less than 2 minutes remain on the vote.

                              {time}  0845

  Mr. CHILDERS changed his vote from ``aye'' to ``no.''
  Ms. MOORE of Wisconsin changed her vote from ``no'' to ``aye.''
  So the resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                          PERSONAL EXPLANATION

  Mr. HINOJOSA. Madam Speaker, I would have voted as follows: On 
rollcall No. 669, S. 906, ``yea''; on rollcall No. 670, Previous 
Question, H.R. 1517, ``yea''; on rollcall No. 671, rule, H.R. 1517, 
``aye.''

                          ____________________




        PROVIDING FOR AN ADJOURNMENT OR RECESS OF THE TWO HOUSES

  Mr. McGOVERN. Madam Speaker, I send to the desk a privileged 
concurrent resolution and ask for its immediate consideration.
  The Clerk read the concurrent resolution, as follows:

                            H. Con. Res. 440

       Resolved by the House of Representatives (the Senate 
     concurring), That when the House adjourns on any legislative 
     day from Monday, September 29, 2008, through Friday, October 
     3, 2008, on a motion offered pursuant to this concurrent 
     resolution by its Majority Leader or his designee, it stand 
     adjourned until 11 a.m. on Saturday, January 3, 2009, or 
     until the time of any reassembly pursuant to section 2 of 
     this concurrent resolution, whichever occurs first; and that 
     when the Senate recesses or adjourns on any day from Monday, 
     September 29, 2008, through Wednesday, December 31, 2008, on 
     a motion offered pursuant to this concurrent resolution by 
     its Majority Leader or his designee, it stand recessed or 
     adjourned until 11 a.m. on Saturday, January 3, 2009, or 
     until the time of any reassembly pursuant to section 2 of 
     this concurrent resolution, whichever occurs first.
       Sec. 2. The Speaker of the House and the Majority Leader of 
     the Senate, or their respective designees, acting jointly 
     after consultation with the Minority Leader of the House and 
     the Minority Leader of the Senate, shall notify the Members 
     of the House and the Senate, respectively, to reassemble at 
     such place and time as they may designate if, in their 
     opinion, the public interest shall warrant it.

  The SPEAKER pro tempore. Without objection, the previous question is 
ordered.
  There was no objection.
  The SPEAKER pro tempore. The question is on the concurrent 
resolution.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. DREIER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The vote was taken by electronic device, and there were--yeas 213, 
nays 211, not voting 10, as follows:

                             [Roll No. 672]

                               YEAS--213

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baird
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blumenauer
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carson
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Doyle
     Edwards (MD)
     Edwards (TX)
     Ellison
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Frank (MA)
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Grijalva
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Holden
     Holt
     Honda
     Hooley
     Hoyer

[[Page 23074]]


     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson, E. B.
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     Klein (FL)
     Kucinich
     Larsen (WA)
     Larson (CT)
     Lee
     Levin
     Lewis (GA)
     Lipinski
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pelosi
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Rangel
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (WA)
     Snyder
     Solis
     Space
     Speier
     Spratt
     Stark
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (CA)
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Van Hollen
     Velazquez
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Wilson (OH)
     Woolsey
     Wu
     Yarmuth

                               NAYS--211

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boustany
     Boyda (KS)
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carney
     Carter
     Castle
     Cazayoux
     Chabot
     Childers
     Coble
     Cole (OK)
     Conaway
     Conyers
     Crenshaw
     Culberson
     Davis (KY)
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Donnelly
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Ellsworth
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hobson
     Hoekstra
     Hulshof
     Hunter
     Inglis (SC)
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     LoBiondo
     Loebsack
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McHenry
     McHugh
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Miller (MI)
     Miller, Gary
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Paul
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Scalise
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shays
     Shea-Porter
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Souder
     Stearns
     Sullivan
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--10

     Cubin
     Davis, David
     Hodes
     Jefferson
     Langevin
     Pryce (OH)
     Tancredo
     Waxman
     Weller
     Wexler


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). There are 2 minutes 
remaining on this vote.

                              {time}  0905

  Mr. FOSTER changed his vote from ``yea'' to ``nay.''
  So the concurrent resolution was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________




                           MOTION TO ADJOURN

  Mr. GOHMERT. Madam Speaker, I move that the House do now adjourn.
  The SPEAKER pro tempore. The question is on the motion to adjourn.
  The question was taken; and the Speaker pro tempore announced that 
the noes appeared to have it.
  Mr. GOHMERT. Madam Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  The vote was taken by electronic device, and there were--yeas 8, nays 
394, not voting 31, as follows:

                             [Roll No. 673]

                                YEAS--8

     Filner
     Foxx
     Garrett (NJ)
     Gohmert
     Heller
     Mica
     Shimkus
     Young (AK)

                               NAYS--394

     Abercrombie
     Ackerman
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Bishop (UT)
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Broun (GA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clay
     Cleaver
     Clyburn
     Coble
     Cohen
     Cole (OK)
     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
     Deal (GA)
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Drake
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Everett
     Fallin
     Farr
     Ferguson
     Flake
     Forbes
     Fortenberry
     Foster
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Gerlach
     Giffords
     Gillibrand
     Gingrey
     Gonzalez
     Goode
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Green, Gene
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hastings (WA)
     Hayes
     Hensarling
     Herger
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hobson
     Hodes
     Hoekstra
     Holden
     Holt
     Honda
     Hooley
     Hoyer
     Hulshof
     Hunter
     Inglis (SC)
     Inslee
     Israel
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Johnson (GA)
     Johnson (IL)
     Johnson, E. B.
     Jones (NC)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Keller
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Kucinich
     Kuhl (NY)
     LaHood
     Lamborn
     Lampson
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lucas
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCollum (MN)
     McCotter
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     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
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Price (NC)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Saxton
     Scalise

[[Page 23075]]


     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Snyder
     Solis
     Souder
     Space
     Speier
     Spratt
     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)
     Walz (MN)
     Wamp
     Wasserman Schultz
     Waters
     Watson
     Watt
     Weiner
     Welch (VT)
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (FL)

                             NOT VOTING--31

     Blackburn
     Castor
     Conaway
     Cubin
     DeFazio
     Diaz-Balart, M.
     Doolittle
     Fattah
     Feeney
     Fossella
     Gilchrest
     Grijalva
     Gutierrez
     Jefferson
     Johnson, Sam
     Knollenberg
     Langevin
     Linder
     McCrery
     Pickering
     Pomeroy
     Pryce (OH)
     Scott (VA)
     Simpson
     Stark
     Tancredo
     Walsh (NY)
     Waxman
     Weldon (FL)
     Weller
     Wexler

                              {time}  0926

  Messrs. McNERNEY, ALLEN, and McINTYRE changed their vote from ``yea'' 
to ``nay.''
  So the motion to adjourn was rejected.
  The result of the vote was announced as above recorded.

                          ____________________




              EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

  Mr. FRANK of Massachusetts. Madam Speaker, pursuant to House 
Resolution 1517, I call up from the Speaker's table the bill (H.R. 
3997) to amend the Internal Revenue Code of 1986 to provide earnings 
assistance and tax relief to members of the uniformed services, 
volunteer firefighters, and Peace Corps volunteers, and for other 
purposes, and offer the motion at the desk.
  The SPEAKER pro tempore. The Clerk will report the title of the bill, 
designate the Senate amendment to the House amendment to the Senate 
amendment, and designate the motion.
  The Clerk read the title of the bill.
  The text of the Senate amendment to the House amendment to the Senate 
amendment is as follows:
       In lieu of the matter proposed to be inserted by the 
     amendment of the House to the amendment of the Senate, insert 
     the following:

     SECTION 1. SHORT TITLE, ETC.

       (a) Short Title.--This Act may be cited as the ``Defenders 
     of Freedom Tax Relief Act of 2007''.
       (b) Reference.--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 for this Act 
     is as follows:

Sec. 1. Short title, etc.

                     TITLE I--BENEFITS FOR MILITARY

Sec. 101. Election to include combat pay as earned income for purposes 
              of earned income tax credit.
Sec. 102. Modification of mortgage revenue bonds for veterans.
Sec. 103. Survivor and disability payments with respect to qualified 
              military service.
Sec. 104. Treatment of differential military pay as wages.
Sec. 105. Special period of limitation when uniformed services retired 
              pay is reduced as a result of award of disability 
              compensation.
Sec. 106. Distributions from retirement plans to individuals called to 
              active duty.
Sec. 107. Disclosure of return information relating to veterans 
              programs made permanent.
Sec. 108. Contributions of military death gratuities to Roth IRAs and 
              Education Savings Accounts.
Sec. 109. Suspension of 5-year period during service with the Peace 
              Corps.
Sec. 110. Credit for employer differential wage payments to employees 
              who are active duty members of the uniformed services.
Sec. 111. State payments to service members treated as qualified 
              military benefits.
Sec. 112. Permanent exclusion of gain from sale of a principal 
              residence by certain employees of the intelligence 
              community.
Sec. 113. Special disposition rules for unused benefits in health 
              flexible spending arrangements of individuals called to 
              active duty.
Sec. 114. Option to exclude military basic housing allowance for 
              purposes of determining income eligibility under low-
              income housing credit and bond-financed residential 
              rental projects.

                      TITLE II--REVENUE PROVISIONS

Sec. 201. Increase in penalty for failure to file partnership returns.
Sec. 202. Increase in penalty for failure to file S corporation 
              returns.
Sec. 203. Increase in minimum penalty on failure to file a return of 
              tax.
Sec. 204. Revision of tax rules on expatriation.
Sec. 205. Special enrollment option by employer health plans for 
              members of uniform services who lose health care 
              coverage.

                  TITLE III--TAX TECHNICAL CORRECTIONS

Sec. 301. Short title.
Sec. 302. Amendment related to the Tax Relief and Health Care Act of 
              2006.
Sec. 303. Amendments related to title XII of the Pension Protection Act 
              of 2006.
Sec. 304. Amendments related to the Tax Increase Prevention and 
              Reconciliation Act of 2005.
Sec. 305. Amendments related to the Safe, Accountable, Flexible, 
              Efficient Transportation Equity Act: A Legacy for Users.
Sec. 306. Amendments related to the Energy Policy Act of 2005.
Sec. 307. Amendments related to the American Jobs Creation Act of 2004.
Sec. 308. Amendments related to the Economic Growth and Tax Relief 
              Reconciliation Act of 2001.
Sec. 309. Amendments related to the Tax Relief Extension Act of 1999.
Sec. 310. Amendment related to the Internal Revenue Service 
              Restructuring and Reform Act of 1998.
Sec. 311. Clerical corrections.

  TITLE IV--PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH 
                                BENEFITS

Sec. 401. Parity in application of certain limits to mental health 
              benefits.

                     TITLE I--BENEFITS FOR MILITARY

     SEC. 101. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR 
                   PURPOSES OF EARNED INCOME TAX CREDIT.

       (a) In General.--Clause (vi) of section 32(c)(2)(B) 
     (defining earned income) is amended to read as follows:
       ``(vi) a taxpayer may elect to treat amounts excluded from 
     gross income by reason of section 112 as earned income.''.
       (b) Sunset Not Applicable.--Section 105 of the Working 
     Families Tax Relief Act of 2004 (relating to application of 
     EGTRRA sunset to this title) shall not apply to section 
     104(b) of such Act.
       (c) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after December 31, 2007.

     SEC. 102. 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 striking ``and before January 1, 
     2008''.
       (b) Increase in Bond Limitation for Alaska, Oregon, and 
     Wisconsin.--Clause (ii) of section 143(l)(3)(B) (relating to 
     State veterans limit) is amended by striking ``$25,000,000'' 
     each place it appears and inserting ``$100,000,000''.
       (c) Definition of Qualified Veteran.--Paragraph (4) of 
     section 143(l) (defining qualified veteran) is amended to 
     read as follows:
       ``(4) Qualified veteran.--For purposes of this subsection, 
     the term `qualified veteran' means any veteran who--
       ``(A) served on active duty, and
       ``(B) applied for the financing before the date 25 years 
     after the last date on which such veteran left active 
     service.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 2007.

     SEC. 103. SURVIVOR AND DISABILITY PAYMENTS WITH RESPECT TO 
                   QUALIFIED MILITARY SERVICE.

       (a) Plan Qualification Requirement for Death Benefits Under 
     USERRA-Qualified Active Military Service.--Subsection (a) of 
     section 401 (relating to requirements for qualification) is 
     amended by inserting after paragraph (36) the following new 
     paragraph:
       ``(37) Death benefits under userra-qualified active 
     military service.--A trust shall not constitute a qualified 
     trust unless the plan provides that, in the case of a 
     participant who dies while performing qualified military 
     service (as defined in section 414(u)), the survivors of the 
     participant are entitled to any additional benefits (other 
     than benefit accruals relating to the period of qualified 
     military service) provided under the plan had the participant 
     resumed and then terminated employment on account of 
     death.''.
       (b) Treatment in the Case of Death or Disability Resulting 
     From Active Military Service for Benefit Accrual Purposes.--
     Subsection (u) of section 414 (relating to special rules 
     relating to veterans' reemployment rights under USERRA) is 
     amended by redesignating paragraphs (9) and (10) as 
     paragraphs (10) and (11), respectively, and by inserting 
     after paragraph (8) the following new paragraph:

[[Page 23076]]

       ``(9) Treatment in the case of death or disability 
     resulting from active military service.--
       ``(A) In general.--For benefit accrual purposes, an 
     employer sponsoring a retirement plan may treat an individual 
     who dies or becomes disabled (as defined under the terms of 
     the plan) while performing qualified military service with 
     respect to the employer maintaining the plan as if the 
     individual has resumed employment in accordance with the 
     individual's reemployment rights under chapter 43 of title 
     38, United States Code, on the day preceding death or 
     disability (as the case may be) and terminated employment on 
     the actual date of death or disability. In the case of any 
     such treatment, and subject to subparagraphs (B) and (C), any 
     full or partial compliance by such plan with respect to the 
     benefit accrual requirements of paragraph (8) with respect to 
     such individual shall be treated for purposes of paragraph 
     (1) as if such compliance were required under such chapter 
     43.
       ``(B) Nondiscrimination requirement.--Subparagraph (A) 
     shall apply only if all individuals performing qualified 
     military service with respect to the employer maintaining the 
     plan (as determined under subsections (b), (c), (m), and (o)) 
     who die or became disabled as a result of performing 
     qualified military service prior to reemployment by the 
     employer are credited with service and benefits on reasonably 
     equivalent terms.
       ``(C) Determination of benefits.--The amount of employee 
     contributions and the amount of elective deferrals of an 
     individual treated as reemployed under subparagraph (A) for 
     purposes of applying paragraph (8)(C) shall be determined on 
     the basis of the individual's average actual employee 
     contributions or elective deferrals for the lesser of--
       ``(i) the 12-month period of service with the employer 
     immediately prior to qualified military service, or
       ``(ii) if service with the employer is less than such 12-
     month period, the actual length of continuous service with 
     the employer.''.
       (c) Conforming Amendments.--
       (1) Section 404(a)(2) is amended by striking ``and (31)'' 
     and inserting ``(31), and (37)''.
       (2) Section 403(b) is amended by adding at the end the 
     following new paragraph:
       ``(14) Death benefits under userra-qualified active 
     military service.--This subsection shall not apply to an 
     annuity contract unless such contract meets the requirements 
     of section 401(a)(37).''.
       (3) Section 457(g) is amended by adding at the end the 
     following new paragraph:
       ``(4) Death benefits under userra-qualified active military 
     service.--A plan described in paragraph (1) shall not be 
     treated as an eligible deferred compensation plan unless such 
     plan meets the requirements of section 401(a)(37).''.
       (d) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply with respect to deaths and disabilities occurring on or 
     after January 1, 2007.
       (2) Provisions relating to plan amendments.--
       (A) In general.--If this subparagraph applies to any plan 
     or contract amendment, such plan or contract shall be treated 
     as being operated in accordance with the terms of the plan 
     during the period described in subparagraph (B)(iii).
       (B) Amendments to which subparagraph (A) applies.--
       (i) In general.--Subparagraph (A) shall apply to any 
     amendment to any plan or annuity contract which is made--

       (I) pursuant to the amendments made by subsection (a) or 
     pursuant to any regulation issued by the Secretary of the 
     Treasury under subsection (a), and
       (II) on or before the last day of the first plan year 
     beginning on or after January 1, 2009.

     In the case of a governmental plan (as defined in section 
     414(d) of the Internal Revenue Code of 1986), this clause 
     shall be applied by substituting ``2011'' for ``2009'' in 
     subclause (II).
       (ii) Conditions.--This paragraph shall not apply to any 
     amendment unless--

       (I) the plan or contract is operated as if such plan or 
     contract amendment were in effect for the period described in 
     clause (iii), and
       (II) such plan or contract amendment applies retroactively 
     for such period.

       (iii) Period described.--The period described in this 
     clause is the period--

       (I) beginning on the effective date specified by the plan, 
     and
       (II) ending on the date described in clause (i)(II) (or, if 
     earlier, the date the plan or contract amendment is adopted).

     SEC. 104. TREATMENT OF DIFFERENTIAL MILITARY PAY AS WAGES.

       (a) Income Tax Withholding on Differential Wage Payments.--
       (1) In general.--Section 3401 (relating to definitions) is 
     amended by adding at the end the following new subsection:
       ``(h) Differential Wage Payments to Active Duty Members of 
     the Uniformed Services.--
       ``(1) In general.--For purposes of subsection (a), any 
     differential wage payment shall be treated as a payment of 
     wages by the employer to the employee.
       ``(2) Differential wage payment.--For purposes of paragraph 
     (1), the term `differential wage payment' means any payment 
     which--
       ``(A) is made by an employer to an individual with respect 
     to any period during which the individual is performing 
     service in the uniformed services (as defined in chapter 43 
     of title 38, United States Code) while on active duty for a 
     period of more than 30 days, and
       ``(B) represents all or a portion of the wages the 
     individual would have received from the employer if the 
     individual were performing service for the employer.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to remuneration paid after December 31, 2007.
       (b) Treatment of Differential Wage Payments for Retirement 
     Plan Purposes.--
       (1) Pension plans.--
       (A) In general.--Section 414(u) (relating to special rules 
     relating to veterans' reemployment rights under USERRA), as 
     amended by section 103(b), is amended by adding at the end 
     the following new paragraph:
       ``(12) Treatment of differential wage payments.--
       ``(A) In general.--Except as provided in this paragraph, 
     for purposes of applying this title to a retirement plan to 
     which this subsection applies--
       ``(i) an individual receiving a differential wage payment 
     shall be treated as an employee of the employer making the 
     payment,
       ``(ii) the differential wage payment shall be treated as 
     compensation, and
       ``(iii) the plan shall not be treated as failing to meet 
     the requirements of any provision described in paragraph 
     (1)(C) by reason of any contribution or benefit which is 
     based on the differential wage payment.
       ``(B) Special rule for distributions.--
       ``(i) In general.--Notwithstanding subparagraph (A)(i), for 
     purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 
     403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be 
     treated as having been severed from employment during any 
     period the individual is performing service in the uniformed 
     services described in section 3401(h)(2)(A).
       ``(ii) Limitation.--If an individual elects to receive a 
     distribution by reason of clause (i), the plan shall provide 
     that the individual may not make an elective deferral or 
     employee contribution during the 6-month period beginning on 
     the date of the distribution.
       ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) 
     shall apply only if all employees of an employer (as 
     determined under subsections (b), (c), (m), and (o)) 
     performing service in the uniformed services described in 
     section 3401(h)(2)(A) are entitled to receive differential 
     wage payments on reasonably equivalent terms and, if eligible 
     to participate in a retirement plan maintained by the 
     employer, to make contributions based on the payments on 
     reasonably equivalent terms. For purposes of applying this 
     subparagraph, the provisions of paragraphs (3), (4), and (5) 
     of section 410(b) shall apply.
       ``(D) Differential wage payment.--For purposes of this 
     paragraph, the term `differential wage payment' has the 
     meaning given such term by section 3401(h)(2).''.
       (B) Conforming amendment.--The heading for section 414(u) 
     is amended by inserting ``and to Differential Wage Payments 
     to Members on Active Duty'' after ``USERRA''.
       (2) Differential wage payments treated as compensation for 
     individual retirement plans.--Section 219(f)(1) (defining 
     compensation) is amended by adding at the end the following 
     new sentence: ``The term compensation includes any 
     differential wage payment (as defined in section 
     3401(h)(2)).''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to years beginning after December 31, 2007.
       (c) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any plan or 
     annuity contract amendment, such plan or contract shall be 
     treated as being operated in accordance with the terms of the 
     plan or contract during the period described in paragraph 
     (2)(B)(i).
       (2) Amendments to which section applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any amendment made by subsection (b)(1), 
     and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2009.

     In the case of a governmental plan (as defined in section 
     414(d) of the Internal Revenue Code of 1986), this 
     subparagraph shall be applied by substituting ``2011'' for 
     ``2009'' in clause (ii).
       (B) Conditions.--This subsection shall not apply to any 
     plan or annuity contract amendment unless--
       (i) during the period beginning on the date the amendment 
     described in subparagraph (A)(i) takes effect and ending on 
     the date described in subparagraph (A)(ii) (or, if earlier, 
     the date the plan or contract amendment is adopted), the plan 
     or contract is operated as if such plan or contract amendment 
     were in effect, and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

     SEC. 105. SPECIAL PERIOD OF LIMITATION WHEN UNIFORMED 
                   SERVICES RETIRED PAY IS REDUCED AS A RESULT OF 
                   AWARD OF DISABILITY COMPENSATION.

       (a) In General.--Subsection (d) of section 6511 (relating 
     to special rules applicable to income taxes) is amended by 
     adding at the end the following new paragraph:
       ``(8) Special rules when uniformed services retired pay is 
     reduced as a result of award of disability compensation.--
       ``(A) Period of limitation on filing claim.--If the claim 
     for credit or refund relates to an overpayment of tax imposed 
     by subtitle A on account of--
       ``(i) the reduction of uniformed services retired pay 
     computed under section 1406 or 1407 of title 10, United 
     States Code, or

[[Page 23077]]

       ``(ii) the waiver of such pay under section 5305 of title 
     38 of such Code,

     as a result of an award of compensation under title 38 of 
     such Code pursuant to a determination by the Secretary of 
     Veterans Affairs, the 3-year period of limitation prescribed 
     in subsection (a) shall be extended, for purposes of 
     permitting a credit or refund based upon the amount of such 
     reduction or waiver, until the end of the 1-year period 
     beginning on the date of such determination.
       ``(B) Limitation to 5 taxable years.--Subparagraph (A) 
     shall not apply with respect to any taxable year which began 
     more than 5 years before the date of such determination.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to claims for credit or refund filed after the 
     date of the enactment of this Act.
       (c) Transition Rules.--In the case of a determination 
     described in paragraph (8) of section 6511(d) of the Internal 
     Revenue Code of 1986 (as added by this section) which is made 
     by the Secretary of Veterans Affairs after December 31, 2000, 
     and before the date of the enactment of this Act, such 
     paragraph--
       (1) shall not apply with respect to any taxable year which 
     began before January 1, 2001, and
       (2) shall be applied by substituting ``the date of the 
     enactment of the Defenders of Freedom Tax Relief Act of 
     2007'' for ``the date of such determination'' in subparagraph 
     (A) thereof.

     SEC. 106. 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 ``, and before December 31, 2007''.
       (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. 107. DISCLOSURE OF RETURN INFORMATION RELATING TO 
                   VETERANS PROGRAMS MADE PERMANENT.

       (a) In General.--Subparagraph (D) of section 6103(l)(7) 
     (relating to disclosure of return information to Federal, 
     State, and local agencies administering certain programs 
     under the Social Security Act, the Food Stamp Act of 1977, or 
     title 38, United States Code or certain housing assistance 
     programs) is amended by striking the last sentence.
       (b) 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. 108. CONTRIBUTIONS OF MILITARY DEATH GRATUITIES TO ROTH 
                   IRAS AND EDUCATION SAVINGS ACCOUNTS.

       (a) Provision in Effect Before Pension Protection Act.--
     Subsection (e) of section 408A (relating to qualified 
     rollover contribution), as in effect before the amendments 
     made by section 824 of the Pension Protection Act of 2006, is 
     amended to read as follows:
       ``(e) Qualified Rollover Contribution.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified rollover 
     contribution' means a rollover contribution to a Roth IRA 
     from another such account, or from an individual retirement 
     plan, but only if such rollover contribution meets the 
     requirements of section 408(d)(3). Such term includes a 
     rollover contribution described in section 402A(c)(3)(A). For 
     purposes of section 408(d)(3)(B), there shall be disregarded 
     any qualified rollover contribution from an individual 
     retirement plan (other than a Roth IRA) to a Roth IRA.
       ``(2) Military death gratuity.--
       ``(A) In general.--The term `qualified rollover 
     contribution' includes a contribution to a Roth IRA 
     maintained for the benefit of an individual made before the 
     end of the 1-year period beginning on the date on which such 
     individual receives an amount under section 1477 of title 10, 
     United States Code, or section 1967 of title 38 of such Code, 
     with respect to a person, to the extent that such 
     contribution does not exceed--
       ``(i) the sum of the amounts received during such period by 
     such individual under such sections with respect to such 
     person, reduced by
       ``(ii) the amounts so received which were contributed to a 
     Coverdell education savings account under section 530(d)(9).
       ``(B) Annual limit on number of rollovers not to apply.--
     Section 408(d)(3)(B) shall not apply with respect to amounts 
     treated as a rollover by subparagraph (A).
       ``(C) Application of section 72.--For purposes of applying 
     section 72 in the case of a distribution which is not a 
     qualified distribution, the amount treated as a rollover by 
     reason of subparagraph (A) shall be treated as investment in 
     the contract.''.
       (b) Provision in Effect After Pension Protection Act.--
     Subsection (e) of section 408A, as in effect after the 
     amendments made by section 824 of the Pension Protection Act 
     of 2006, is amended to read as follows:
       ``(e) Qualified Rollover Contribution.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified rollover 
     contribution' means a rollover contribution--
       ``(A) to a Roth IRA from another such account,
       ``(B) from an eligible retirement plan, but only if--
       ``(i) in the case of an individual retirement plan, such 
     rollover contribution meets the requirements of section 
     408(d)(3), and
       ``(ii) in the case of any eligible retirement plan (as 
     defined in section 402(c)(8)(B) other than clauses (i) and 
     (ii) thereof), such rollover contribution meets the 
     requirements of section 402(c), 403(b)(8), or 457(e)(16), as 
     applicable.

     For purposes of section 408(d)(3)(B), there shall be 
     disregarded any qualified rollover contribution from an 
     individual retirement plan (other than a Roth IRA) to a Roth 
     IRA.
       ``(2) Military death gratuity.--
       ``(A) In general.--The term `qualified rollover 
     contribution' includes a contribution to a Roth IRA 
     maintained for the benefit of an individual made before the 
     end of the 1-year period beginning on the date on which such 
     individual receives an amount under section 1477 of title 10, 
     United States Code, or section 1967 of title 38 of such Code, 
     with respect to a person, to the extent that such 
     contribution does not exceed--
       ``(i) the sum of the amounts received during such period by 
     such individual under such sections with respect to such 
     person, reduced by
       ``(ii) the amounts so received which were contributed to a 
     Coverdell education savings account under section 530(d)(9).
       ``(B) Annual limit on number of rollovers not to apply.--
     Section 408(d)(3)(B) shall not apply with respect to amounts 
     treated as a rollover by the subparagraph (A).
       ``(C) Application of section 72.--For purposes of applying 
     section 72 in the case of a distribution which is not a 
     qualified distribution, the amount treated as a rollover by 
     reason of subparagraph (A) shall be treated as investment in 
     the contract.''.
       (c) Education Savings Accounts.--Subsection (d) of section 
     530 is amended by adding at the end the following new 
     paragraph:
       ``(9) Military death gratuity.--
       ``(A) In general.--For purposes of this section, the term 
     `rollover contribution' includes a contribution to a 
     Coverdell education savings account made before the end of 
     the 1-year period beginning on the date on which the 
     contributor receives an amount under section 1477 of title 
     10, United States Code, or section 1967 of title 38 of such 
     Code, with respect to a person, to the extent that such 
     contribution does not exceed--
       ``(i) the sum of the amounts received during such period by 
     such contributor under such sections with respect to such 
     person, reduced by
       ``(ii) the amounts so received which were contributed to a 
     Roth IRA under section 408A(e)(2) or to another Coverdell 
     education savings account.
       ``(B) Annual limit on number of rollovers not to apply.--
     The last sentence of paragraph (5) shall not apply with 
     respect to amounts treated as a rollover by the subparagraph 
     (A).
       ``(C) Application of section 72.--For purposes of applying 
     section 72 in the case of a distribution which is includible 
     in gross income under paragraph (1), the amount treated as a 
     rollover by reason of subparagraph (A) shall be treated as 
     investment in the contract.''.
       (d) Effective Dates.--
       (1) In general.--Except as provided by paragraphs (2) and 
     (3), the amendments made by this section shall apply with 
     respect to deaths from injuries occurring on or after the 
     date of the enactment of this Act.
       (2) Application of amendments to deaths from injuries 
     occurring on or after october 7, 2001, and before 
     enactment.--The amendments made by this section shall apply 
     to any contribution made pursuant to section 408A(e)(2) or 
     530(d)(5) of the Internal Revenue Code of 1986, as amended by 
     this Act, with respect to amounts received under section 1477 
     of title 10, United States Code, or under section 1967 of 
     title 38 of such Code, for deaths from injuries occurring on 
     or after October 7, 2001, and before the date of the 
     enactment of this Act if such contribution is made not later 
     than 1 year after the date of the enactment of this Act.
       (3) Pension protection act changes.--Section 408A(e)(1) of 
     the Internal Revenue Code of 1986 (as in effect after the 
     amendments made by subsection (b)) shall apply to taxable 
     years beginning after December 31, 2007.

     SEC. 109. SUSPENSION OF 5-YEAR PERIOD DURING SERVICE WITH THE 
                   PEACE CORPS.

       (a) In General.--Subsection (d) of section 121 (relating to 
     special rules) is amended by adding at the end the following 
     new paragraph:
       ``(12) Peace corps.--
       ``(A) In general.--At the election of an individual with 
     respect to a property, the running of the 5-year period 
     described in subsections (a) and (c)(1)(B) and paragraph (7) 
     of this subsection with respect to such property shall be 
     suspended during any period that such individual or such 
     individual's spouse is serving outside the United States--
       ``(i) on qualified official extended duty (as defined in 
     paragraph (9)(C)) as an employee of the Peace Corps, or
       ``(ii) as an enrolled volunteer or volunteer leader under 
     section 5 or 6 (as the case may be) of the Peace Corps Act 
     (22 U.S.C. 2504, 2505).
       ``(B) Applicable rules.--For purposes of subparagraph (A), 
     rules similar to the rules of subparagraphs (B) and (D) shall 
     apply.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2007.

     SEC. 110. CREDIT FOR EMPLOYER DIFFERENTIAL WAGE PAYMENTS TO 
                   EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE 
                   UNIFORMED SERVICES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business credits) is amended by adding 
     at the end the following new section:

     ``SEC. 45O. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE 
                   DUTY MEMBERS OF THE UNIFORMED SERVICES.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an eligible small business employer, the differential 
     wage payment credit for

[[Page 23078]]

     any taxable year is an amount equal to 20 percent of the sum 
     of the eligible differential wage payments for each of the 
     qualified employees of the taxpayer during such taxable year.
       ``(b) Definitions.--For purposes of this section--
       ``(1) Eligible differential wage payments.--The term 
     `eligible differential wage payments' means, with respect to 
     each qualified employee, so much of the differential wage 
     payments (as defined in section 3401(h)(2)) paid to such 
     employee for the taxable year as does not exceed $20,000.
       ``(2) Qualified employee.--The term `qualified employee' 
     means a person who has been an employee of the taxpayer for 
     the 91-day period immediately preceding the period for which 
     any differential wage payment is made.
       ``(3) Eligible small business employer.--
       ``(A) In general.--The term `eligible small business 
     employer' means, with respect to any taxable year, any 
     employer which--
       ``(i) employed an average of less than 50 employees on 
     business days during such taxable year, and
       ``(ii) under a written plan of the employer, provides 
     eligible differential wage payments to every qualified 
     employee of the employer.
       ``(B) Controlled groups.--For purposes of subparagraph (A), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.
       ``(c) Coordination With Other Credits.--The amount of 
     credit otherwise allowable under this chapter with respect to 
     compensation paid to any employee shall be reduced by the 
     credit determined under this section with respect to such 
     employee.
       ``(d) Disallowance for Failure To Comply With Employment or 
     Reemployment Rights of Members of the Reserve Components of 
     the Armed Forces of the United States.--No credit shall be 
     allowed under subsection (a) to a taxpayer for--
       ``(1) any taxable year, beginning after the date of the 
     enactment of this section, in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(2) the 2 succeeding taxable years.
       ``(e) Certain Rules to Apply.--For purposes of this 
     section, rules similar to the rules of subsections (c), (d), 
     and (e) of section 52 shall apply.
       ``(f) Termination.--This section shall not apply to any 
     payments made after December 31, 2009.''.
       (b) Credit Treated as Part of General Business Credit.--
     Section 38(b) (relating to general business credit) is 
     amended by striking ``plus'' at the end of paragraph (30), by 
     striking the period at the end of paragraph (31) and 
     inserting ``, plus'', and by adding at the end of following 
     new paragraph:
       ``(32) the differential wage payment credit determined 
     under section 45O(a).''.
       (c) No Deduction for Compensation Taken Into Account for 
     Credit.--Section 280C(a) (relating to rule for employment 
     credits) is amended by inserting ``45O(a),'' after 
     ``45A(a),''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

``Sec. 45O. Employer wage credit for employees who are active duty 
              members of the uniformed services.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to amounts paid after the date of the enactment 
     of this Act.

     SEC. 111. STATE PAYMENTS TO SERVICE MEMBERS TREATED AS 
                   QUALIFIED MILITARY BENEFITS.

       (a) In General.--Section 134(b) (defining qualified 
     military benefit) is amended by adding at the end the 
     following new paragraph:
       ``(6) Certain state payments.--The term `qualified military 
     benefit' includes any bonus payment by a State or political 
     subdivision thereof to any member or former member of the 
     uniformed services of the United States or any dependent of 
     such member only by reason of such member's service in an 
     combat zone (as defined in section 112(c)(2), determined 
     without regard to the parenthetical).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made before, on, or after the date of 
     the enactment of this Act.

     SEC. 112. PERMANENT EXCLUSION OF GAIN FROM SALE OF A 
                   PRINCIPAL RESIDENCE BY CERTAIN EMPLOYEES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) Permanent Exclusion.--
       (1) In general.--Section 417(e) of division A of the Tax 
     Relief and Health Care Act of 2006 is amended by striking 
     ``and before January 1, 2011''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales or exchanges after December 31, 2010.
       (b) Duty Station May Be Inside United States.--
       (1) In general.--Section 121(d)(9)(C) (defining qualified 
     official extended duty) is amended by striking clause (vi).
       (2) Effective date.--The amendment made by this subsection 
     shall apply to sales or exchanges after the date of the 
     enactment of this Act.

     SEC. 113. SPECIAL DISPOSITION RULES FOR UNUSED BENEFITS IN 
                   HEALTH FLEXIBLE SPENDING ARRANGEMENTS OF 
                   INDIVIDUALS CALLED TO ACTIVE DUTY.

       (a) In General.--Section 125 (relating to cafeteria plans) 
     is amended by redesignating subsections (h) and (i) as 
     subsection (i) and (j), respectively, and by inserting after 
     subsection (g) the following new subsection:
       ``(h) Special Rule for Unused Benefits in Health Flexible 
     Spending Arrangements of Individuals Called to Active Duty.--
       ``(1) In general.--For purposes of this title, a plan or 
     other arrangement shall not fail to be treated as a cafeteria 
     plan or health flexible spending arrangement merely because 
     such arrangement provides for qualified reservist 
     distributions.
       ``(2) Qualified reservist distribution.--For purposes of 
     this subsection, the term `qualified reservist distribution' 
     means, any distribution to an individual of all or a portion 
     of the balance in the employee's account under such 
     arrangement if--
       ``(A) such individual was (by reason of being a member of a 
     reserve component (as defined in section 101 of title 37, 
     United States Code)) ordered or called to active duty for a 
     period in excess of 179 days or for an indefinite period, and
       ``(B) such distribution is made during the period beginning 
     on the date of such order or call and ending on the last date 
     that reimbursements could otherwise be made under such 
     arrangement for the plan year which includes the date of such 
     order or call.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made after the date of the 
     enactment of this Act.

     SEC. 114. OPTION TO EXCLUDE MILITARY BASIC HOUSING ALLOWANCE 
                   FOR PURPOSES OF DETERMINING INCOME ELIGIBILITY 
                   UNDER LOW-INCOME HOUSING CREDIT AND BOND-
                   FINANCED RESIDENTIAL RENTAL PROJECTS.

       (a) In General.--The last sentence of 142(d)(2)(B) 
     (relating to income of individuals; area median gross income) 
     is amended to read as follows: ``For purposes of determining 
     income under this subparagraph--
       ``(i) subsections (g) and (h) of section 7872 shall not 
     apply, and
       ``(ii) in the case of determinations made before January 1, 
     2015, payments under section 403 of title 37, United States 
     Code, as a basic pay allowance for housing shall be 
     disregarded if the project is located in a census tract which 
     is designated by the Governor (of the State in which such 
     tract is located) as being in need of housing for members of 
     the Armed Forces of the United States.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect with respect to determinations made after 
     the date of the enactment of this Act.

                      TITLE II--REVENUE PROVISIONS

     SEC. 201. INCREASE IN PENALTY FOR FAILURE TO FILE PARTNERSHIP 
                   RETURNS.

       (a) Increase in Penalty Amount.--Paragraph (1) of section 
     6698(b) (relating to amount per month), as amended by section 
     8 of the Mortgage Forgiveness Debt Relief Act of 2007, is 
     amended by striking ``$85'' and inserting ``$100''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the amendments made by 
     section 8 of the Mortgage Forgiveness Debt Relief Act of 
     2007.

     SEC. 202. INCREASE IN PENALTY FOR FAILURE TO FILE S 
                   CORPORATION RETURNS.

       (a) In General.--Paragraph (1) of section 6699(b) (relating 
     to amount per month), as added to the Internal Revenue Code 
     of 1986 by section 9 of the Mortgage Forgiveness Debt Relief 
     Act of 2007, is amended by striking ``$85'' and inserting 
     ``$100''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the amendments made by 
     section 9 of the Mortgage Forgiveness Debt Relief Act of 
     2007.

     SEC. 203. INCREASE IN MINIMUM PENALTY ON FAILURE TO FILE A 
                   RETURN OF TAX.

       (a) In General.--Subsection (a) of section 6651 is amended 
     by striking ``$100'' in the last sentence and inserting 
     ``$225''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to returns the due date for the filing of which 
     (including extensions) is after December 31, 2007.

     SEC. 204. REVISION OF TAX RULES ON EXPATRIATION.

       (a) In General.--Subpart A of part II of subchapter N of 
     chapter 1 is amended by inserting after section 877 the 
     following new section:

     ``SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIATION.

       ``(a) General Rules.--For purposes of this subtitle--
       ``(1) Mark to market.--All property of a covered expatriate 
     shall be treated as sold on the day before the expatriation 
     date for its fair market value.
       ``(2) Recognition of gain or loss.--In the case of any sale 
     under paragraph (1)--
       ``(A) notwithstanding any other provision of this title, 
     any gain arising from such sale shall be taken into account 
     for the taxable year of the sale, and
       ``(B) any loss arising from such sale shall be taken into 
     account for the taxable year of the sale to the extent 
     otherwise provided by this title, except that section 1091 
     shall not apply to any such loss.


[[Page 23079]]


     Proper adjustment shall be made in the amount of any gain or 
     loss subsequently realized for gain or loss taken into 
     account under the preceding sentence, determined without 
     regard to paragraph (3).
       ``(3) Exclusion for certain gain.--
       ``(A) In general.--The amount which would (but for this 
     paragraph) be includible in the gross income of any 
     individual by reason of paragraph (1) shall be reduced (but 
     not below zero) by $600,000.
       ``(B) Adjustment for inflation.--
       ``(i) In general.--In the case of any taxable year 
     beginning in a calendar year after 2008, the dollar amount in 
     subparagraph (A) shall be increased by an amount equal to--

       ``(I) such dollar amount, multiplied by
       ``(II) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, by substituting `calendar year 2007' for 
     `calendar year 1992' in subparagraph (B) thereof.

       ``(ii) Rounding.--If any amount as adjusted under clause 
     (i) is not a multiple of $1,000, such amount shall be rounded 
     to the nearest multiple of $1,000.
       ``(b) Election To Defer Tax.--
       ``(1) In general.--If the taxpayer elects the application 
     of this subsection with respect to any property treated as 
     sold by reason of subsection (a), the time for payment of the 
     additional tax attributable to such property shall be 
     extended until the due date of the return for the taxable 
     year in which such property is disposed of (or, in the case 
     of property disposed of in a transaction in which gain is not 
     recognized in whole or in part, until such other date as the 
     Secretary may prescribe).
       ``(2) Determination of tax with respect to property.--For 
     purposes of paragraph (1), the additional tax attributable to 
     any property is an amount which bears the same ratio to the 
     additional tax imposed by this chapter for the taxable year 
     solely by reason of subsection (a) as the gain taken into 
     account under subsection (a) with respect to such property 
     bears to the total gain taken into account under subsection 
     (a) with respect to all property to which subsection (a) 
     applies.
       ``(3) Termination of extension.--The due date for payment 
     of tax may not be extended under this subsection later than 
     the due date for the return of tax imposed by this chapter 
     for the taxable year which includes the date of death of the 
     expatriate (or, if earlier, the time that the security 
     provided with respect to the property fails to meet the 
     requirements of paragraph (4), unless the taxpayer corrects 
     such failure within the time specified by the Secretary).
       ``(4) Security.--
       ``(A) In general.--No election may be made under paragraph 
     (1) with respect to any property unless adequate security is 
     provided with respect to such property.
       ``(B) Adequate security.--For purposes of subparagraph (A), 
     security with respect to any property shall be treated as 
     adequate security if--
       ``(i) it is a bond which is furnished to, and accepted by, 
     the Secretary, which is conditioned on the payment of tax 
     (and interest thereon), and which meets the requirements of 
     section 6325, or
       ``(ii) it is another form of security for such payment 
     (including letters of credit) that meets such requirements as 
     the Secretary may prescribe.
       ``(5) Waiver of certain rights.--No election may be made 
     under paragraph (1) unless the taxpayer makes an irrevocable 
     waiver of any right under any treaty of the United States 
     which would preclude assessment or collection of any tax 
     imposed by reason of this section.
       ``(6) Elections.--An election under paragraph (1) shall 
     only apply to property described in the election and, once 
     made, is irrevocable.
       ``(7) Interest.--For purposes of section 6601, the last 
     date for the payment of tax shall be determined without 
     regard to the election under this subsection.
       ``(c) Exception for Certain Property.--Subsection (a) shall 
     not apply to--
       ``(1) any deferred compensation item (as defined in 
     subsection (d)(4)),
       ``(2) any specified tax deferred account (as defined in 
     subsection (e)(2)), and
       ``(3) any interest in a nongrantor trust (as defined in 
     subsection (f)(3)).
       ``(d) Treatment of Deferred Compensation Items.--
       ``(1) Withholding on eligible deferred compensation 
     items.--
       ``(A) In general.--In the case of any eligible deferred 
     compensation item, the payor shall deduct and withhold from 
     any taxable payment to a covered expatriate with respect to 
     such item a tax equal to 30 percent thereof.
       ``(B) Taxable payment.--For purposes of subparagraph (A), 
     the term `taxable payment' means with respect to a covered 
     expatriate any payment to the extent it would be includible 
     in the gross income of the covered expatriate if such 
     expatriate continued to be subject to tax as a citizen or 
     resident of the United States. A deferred compensation item 
     shall be taken into account as a payment under the preceding 
     sentence when such item would be so includible.
       ``(2) Other deferred compensation items.--In the case of 
     any deferred compensation item which is not an eligible 
     deferred compensation item--
       ``(A)(i) with respect to any deferred compensation item to 
     which clause (ii) does not apply, an amount equal to the 
     present value of the covered expatriate's accrued benefit 
     shall be treated as having been received by such individual 
     on the day before the expatriation date as a distribution 
     under the plan, and
       ``(ii) with respect to any deferred compensation item 
     referred to in paragraph (4)(D), the rights of the covered 
     expatriate to such item shall be treated as becoming 
     transferable and not subject to a substantial risk of 
     forfeiture on the day before the expatriation date,
       ``(B) no early distribution tax shall apply by reason of 
     such treatment, and
       ``(C) appropriate adjustments shall be made to subsequent 
     distributions from the plan to reflect such treatment.
       ``(3) Eligible deferred compensation items.--For purposes 
     of this subsection, the term `eligible deferred compensation 
     item' means any deferred compensation item with respect to 
     which--
       ``(A) the payor of such item is--
       ``(i) a United States person, or
       ``(ii) a person who is not a United States person but who 
     elects to be treated as a United States person for purposes 
     of paragraph (1) and meets such requirements as the Secretary 
     may provide to ensure that the payor will meet the 
     requirements of paragraph (1), and
       ``(B) the covered expatriate--
       ``(i) notifies the payor of his status as a covered 
     expatriate, and
       ``(ii) makes an irrevocable waiver of any right to claim 
     any reduction under any treaty with the United States in 
     withholding on such item.
       ``(4) Deferred compensation item.--For purposes of this 
     subsection, the term `deferred compensation item' means--
       ``(A) any interest in a plan or arrangement described in 
     section 219(g)(5),
       ``(B) any interest in a foreign pension plan or similar 
     retirement arrangement or program,
       ``(C) any item of deferred compensation, and
       ``(D) any property, or right to property, which the 
     individual is entitled to receive in connection with the 
     performance of services to the extent not previously taken 
     into account under section 83 or in accordance with section 
     83.
       ``(5) Exception.--Paragraphs (1) and (2) shall not apply to 
     any deferred compensation item which is attributable to 
     services performed outside the United States while the 
     covered expatriate was not a citizen or resident of the 
     United States.
       ``(6) Special rules.--
       ``(A) Application of withholding rules.--Rules similar to 
     the rules of subchapter B of chapter 3 shall apply for 
     purposes of this subsection.
       ``(B) Application of tax.--Any item subject to the 
     withholding tax imposed under paragraph (1) shall be subject 
     to tax under section 871.
       ``(C) Coordination with other withholding requirements.--
     Any item subject to withholding under paragraph (1) shall not 
     be subject to withholding under section 1441 or chapter 24.
       ``(e) Treatment of Specified Tax Deferred Accounts.--
       ``(1) Account treated as distributed.--In the case of any 
     interest in a specified tax deferred account held by a 
     covered expatriate on the day before the expatriation date--
       ``(A) the covered expatriate shall be treated as receiving 
     a distribution of his entire interest in such account on the 
     day before the expatriation date,
       ``(B) no early distribution tax shall apply by reason of 
     such treatment, and
       ``(C) appropriate adjustments shall be made to subsequent 
     distributions from the account to reflect such treatment.
       ``(2) Specified tax deferred account.--For purposes of 
     paragraph (1), the term `specified tax deferred account' 
     means an individual retirement plan (as defined in section 
     7701(a)(37)) other than any arrangement described in 
     subsection (k) or (p) of section 408, a qualified tuition 
     program (as defined in section 529), a Coverdell education 
     savings account (as defined in section 530), a health savings 
     account (as defined in section 223), and an Archer MSA (as 
     defined in section 220).
       ``(f) Special Rules for Nongrantor Trusts.--
       ``(1) In general.--In the case of a distribution (directly 
     or indirectly) of any property from a nongrantor trust to a 
     covered expatriate--
       ``(A) the trustee shall deduct and withhold from such 
     distribution an amount equal to 30 percent of the taxable 
     portion of the distribution, and
       ``(B) if the fair market value of such property exceeds its 
     adjusted basis in the hands of the trust, gain shall be 
     recognized to the trust as if such property were sold to the 
     expatriate at its fair market value.
       ``(2) Taxable portion.--For purposes of this subsection, 
     the term `taxable portion' means, with respect to any 
     distribution, that portion of the distribution which would be 
     includible in the gross income of the covered expatriate if 
     such expatriate continued to be subject to tax as a citizen 
     or resident of the United States.
       ``(3) Nongrantor trust.--For purposes of this subsection, 
     the term `nongrantor trust' means the portion of any trust 
     that the individual is not considered the owner of under 
     subpart E of part I of subchapter J. The determination under 
     the preceding sentence shall be made immediately before the 
     expatriation date.
       ``(4) Special rules relating to withholding.--For purposes 
     of this subsection--
       ``(A) rules similar to the rules of subsection (d)(6) shall 
     apply, and
       ``(B) the covered expatriate shall be treated as having 
     waived any right to claim any reduction under any treaty with 
     the United States in withholding on any distribution to which 
     paragraph (1)(A) applies unless the covered expatriate agrees 
     to such other treatment as the Secretary determines 
     appropriate.

[[Page 23080]]

       ``(5) Application.--This subsection shall apply to a 
     nongrantor trust only if the covered expatriate was a 
     beneficiary of the trust on the day before the expatriation 
     date.
       ``(g) Definitions and Special Rules Relating to 
     Expatriation.--For purposes of this section--
       ``(1) Covered expatriate.--
       ``(A) In general.--The term `covered expatriate' means an 
     expatriate who meets the requirements of subparagraph (A), 
     (B), or (C) of section 877(a)(2).
       ``(B) Exceptions.--An individual shall not be treated as 
     meeting the requirements of subparagraph (A) or (B) of 
     section 877(a)(2) if--
       ``(i) the individual--

       ``(I) became at birth a citizen of the United States and a 
     citizen of another country and, as of the expatriation date, 
     continues to be a citizen of, and is taxed as a resident of, 
     such other country, and
       ``(II) has been a resident of the United States (as defined 
     in section 7701(b)(1)(A)(ii)) for not more than 10 taxable 
     years during the 15-taxable year period ending with the 
     taxable year during which the expatriation date occurs, or

       ``(ii)(I) the individual's relinquishment of United States 
     citizenship occurs before such individual attains age 18\1/
     2\, and
       ``(II) the individual has been a resident of the United 
     States (as so defined) for not more than 10 taxable years 
     before the date of relinquishment.
       ``(C) Covered expatriates also subject to tax as citizens 
     or residents.--In the case of any covered expatriate who is 
     subject to tax as a citizen or resident of the United States 
     for any period beginning after the expatriation date, such 
     individual shall not be treated as a covered expatriate 
     during such period for purposes of subsections (d)(1) and (f) 
     and section 2801.
       ``(2) Expatriate.--The term `expatriate' means--
       ``(A) any United States citizen who relinquishes his 
     citizenship, and
       ``(B) any long-term resident of the United States who 
     ceases to be a lawful permanent resident of the United States 
     (within the meaning of section 7701(b)(6)).
       ``(3) Expatriation date.--The term `expatriation date' 
     means--
       ``(A) the date an individual relinquishes United States 
     citizenship, or
       ``(B) in the case of a long-term resident of the United 
     States, the date on which the individual ceases to be a 
     lawful permanent resident of the United States (within the 
     meaning of section 7701(b)(6)).
       ``(4) Relinquishment of citizenship.--A citizen shall be 
     treated as relinquishing his United States citizenship on the 
     earliest of--
       ``(A) the date the individual renounces his United States 
     nationality before a diplomatic or consular officer of the 
     United States pursuant to paragraph (5) of section 349(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1481(a)(5)),
       ``(B) the date the individual furnishes to the United 
     States Department of State a signed statement of voluntary 
     relinquishment of United States nationality confirming the 
     performance of an act of expatriation specified in paragraph 
     (1), (2), (3), or (4) of section 349(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1481(a)(1)-(4)),
       ``(C) the date the United States Department of State issues 
     to the individual a certificate of loss of nationality, or
       ``(D) the date a court of the United States cancels a 
     naturalized citizen's certificate of naturalization.

     Subparagraph (A) or (B) shall not apply to any individual 
     unless the renunciation or voluntary relinquishment is 
     subsequently approved by the issuance to the individual of a 
     certificate of loss of nationality by the United States 
     Department of State.
       ``(5) Long-term resident.--The term `long-term resident' 
     has the meaning given to such term by section 877(e)(2).
       ``(6) Early distribution tax.--The term `early distribution 
     tax' means any increase in tax imposed under section 72(t), 
     220(e)(4), 223(f)(4), 409A(a)(1)(B), 529(c)(6), or 530(d)(4).
       ``(h) Other Rules.--
       ``(1) Termination of deferrals, etc.--In the case of any 
     covered expatriate, notwithstanding any other provision of 
     this title--
       ``(A) any time period for acquiring property which would 
     result in the reduction in the amount of gain recognized with 
     respect to property disposed of by the taxpayer shall 
     terminate on the day before the expatriation date, and
       ``(B) any extension of time for payment of tax shall cease 
     to apply on the day before the expatriation date and the 
     unpaid portion of such tax shall be due and payable at the 
     time and in the manner prescribed by the Secretary.
       ``(2) Step-up in basis.--Solely for purposes of determining 
     any tax imposed by reason of subsection (a), property which 
     was held by an individual on the date the individual first 
     became a resident of the United States (within the meaning of 
     section 7701(b)) shall be treated as having a basis on such 
     date of not less than the fair market value of such property 
     on such date. The preceding sentence shall not apply if the 
     individual elects not to have such sentence apply. Such an 
     election, once made, shall be irrevocable.
       ``(3) Coordination with section 684.--If the expatriation 
     of any individual would result in the recognition of gain 
     under section 684, this section shall be applied after the 
     application of section 684.
       ``(i) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this section.''.
       (b) Tax on Gifts and Bequests Received by United States 
     Citizens and Residents From Expatriates.--
       (1) In general.--Subtitle B (relating to estate and gift 
     taxes) is amended by inserting after chapter 14 the following 
     new chapter:

           ``CHAPTER 15--GIFTS AND BEQUESTS FROM EXPATRIATES

``Sec. 2801. Imposition of tax.

     ``SEC. 2801. IMPOSITION OF TAX.

       ``(a) In General.--If, during any calendar year, any United 
     States citizen or resident receives any covered gift or 
     bequest, there is hereby imposed a tax equal to the product 
     of--
       ``(1) the highest rate of tax specified in the table 
     contained in section 2001(c) as in effect on the date of such 
     receipt (or, if greater, the highest rate of tax specified in 
     the table applicable under section 2502(a) as in effect on 
     the date), and
       ``(2) the value of such covered gift or bequest.
       ``(b) Tax To Be Paid by Recipient.--The tax imposed by 
     subsection (a) on any covered gift or bequest shall be paid 
     by the person receiving such gift or bequest.
       ``(c) Exception for Certain Gifts.--Subsection (a) shall 
     apply only to the extent that the value of covered gifts and 
     bequests received by any person during the calendar year 
     exceeds the dollar amount in effect under section 2503(b) for 
     such calendar year.
       ``(d) Tax Reduced by Foreign Gift or Estate Tax.--The tax 
     imposed by subsection (a) on any covered gift or bequest 
     shall be reduced by the amount of any gift or estate tax paid 
     to a foreign country with respect to such covered gift or 
     bequest.
       ``(e) Covered Gift or Bequest.--
       ``(1) In general.--For purposes of this chapter, the term 
     `covered gift or bequest' means--
       ``(A) any property acquired by gift directly or indirectly 
     from an individual who, at the time of such acquisition, is a 
     covered expatriate, and
       ``(B) any property acquired directly or indirectly by 
     reason of the death of an individual who, immediately before 
     such death, was a covered expatriate.
       ``(2) Exceptions for transfers otherwise subject to estate 
     or gift tax.--Such term shall not include--
       ``(A) any property shown on a timely filed return of tax 
     imposed by chapter 12 which is a taxable gift by the covered 
     expatriate, and
       ``(B) any property included in the gross estate of the 
     covered expatriate for purposes of chapter 11 and shown on a 
     timely filed return of tax imposed by chapter 11 of the 
     estate of the covered expatriate.
       ``(3) Exceptions for transfers to spouse or charity.--Such 
     term shall not include any property with respect to which a 
     deduction would be allowed under section 2055, 2056, 2522, or 
     2523, whichever is appropriate, if the decedent or donor were 
     a United States person.
       ``(4) Transfers in trust.--
       ``(A) Domestic trusts.--In the case of a covered gift or 
     bequest made to a domestic trust--
       ``(i) subsection (a) shall apply in the same manner as if 
     such trust were a United States citizen, and
       ``(ii) the tax imposed by subsection (a) on such gift or 
     bequest shall be paid by such trust.
       ``(B) Foreign trusts.--
       ``(i) In general.--In the case of a covered gift or bequest 
     made to a foreign trust, subsection (a) shall apply to any 
     distribution attributable to such gift or bequest from such 
     trust (whether from income or corpus) to a United States 
     citizen or resident in the same manner as if such 
     distribution were a covered gift or bequest.
       ``(ii) Deduction for tax paid by recipient.--There shall be 
     allowed as a deduction under section 164 the amount of tax 
     imposed by this section which is paid or accrued by a United 
     States citizen or resident by reason of a distribution from a 
     foreign trust, but only to the extent such tax is imposed on 
     the portion of such distribution which is included in the 
     gross income of such citizen or resident.
       ``(iii) Election to be treated as domestic trust.--Solely 
     for purposes of this section, a foreign trust may elect to be 
     treated as a domestic trust. Such an election may be revoked 
     with the consent of the Secretary.
       ``(f) Covered Expatriate.--For purposes of this section, 
     the term `covered expatriate' has the meaning given to such 
     term by section 877A(g)(1).''.
       (2) Clerical amendment.--The table of chapters for subtitle 
     B is amended by inserting after the item relating to chapter 
     14 the following new item:

         ``Chapter 15. Gifts and Bequests From Expatriates.''.

       (c) Definition of Termination of United States 
     Citizenship.--
       (1) In general.--Section 7701(a) is amended by adding at 
     the end the following new paragraph:
       ``(50) Termination of united states citizenship.--
       ``(A) In general.--An individual shall not cease to be 
     treated as a United States citizen before the date on which 
     the individual's citizenship is treated as relinquished under 
     section 877A(g)(4).
       ``(B) Dual citizens.--Under regulations prescribed by the 
     Secretary, subparagraph (A) shall not apply to an individual 
     who became at birth a citizen of the United States and a 
     citizen of another country.''.
       (2) Conforming amendments.--
       (A) Paragraph (1) of section 877(e) is amended to read as 
     follows:

[[Page 23081]]

       ``(1) In general.--Any long-term resident of the United 
     States who ceases to be a lawful permanent resident of the 
     United States (within the meaning of section 7701(b)(6)) 
     shall be treated for purposes of this section and sections 
     2107, 2501, and 6039G in the same manner as if such resident 
     were a citizen of the United States who lost United States 
     citizenship on the date of such cessation or commencement.''.
       (B) Paragraph (6) of section 7701(b) is amended by adding 
     at the end the following flush sentence:

     ``An individual shall cease to be treated as a lawful 
     permanent resident of the United States if such individual 
     commences to be treated as a resident of a foreign country 
     under the provisions of a tax treaty between the United 
     States and the foreign country, does not waive the benefits 
     of such treaty applicable to residents of the foreign 
     country, and notifies the Secretary of the commencement of 
     such treatment.''.
       (C) Section 7701 is amended by striking subsection (n) and 
     by redesignating subsections (o) and (p) as subsections (n) 
     and (o), respectively.
       (d) Information Returns.--Section 6039G is amended--
       (1) by inserting ``or 877A'' after ``section 877(b)'' in 
     subsection (a), and
       (2) by inserting ``or 877A'' after ``section 877(a)'' in 
     subsection (d).
       (e) Clerical Amendment.--The table of sections for subpart 
     A of part II of subchapter N of chapter 1 is amended by 
     inserting after the item relating to section 877 the 
     following new item:

``Sec. 877A. Tax responsibilities of expatriation.''.

       (f) Effective Date.--
       (1) In general.--Except as provided in this subsection, the 
     amendments made by this section shall apply to expatriates 
     (as defined in section 877A(g) of the Internal Revenue Code 
     of 1986, as added by this section) whose expatriation date 
     (as so defined) is on or after the date of the enactment of 
     this Act.
       (2) Gifts and bequests.--Chapter 15 of the Internal Revenue 
     Code of 1986 (as added by subsection (b)) shall apply to 
     covered gifts and bequests (as defined in section 2801 of 
     such Code, as so added) received on or after the date of the 
     enactment of this Act from transferors whose expatriation 
     date is on or after such date of enactment.

     SEC. 205. SPECIAL ENROLLMENT OPTION BY EMPLOYER HEALTH PLANS 
                   FOR MEMBERS OF UNIFORM SERVICES WHO LOSE HEALTH 
                   CARE COVERAGE.

       (a) In General.--Section 9801(f) (relating to special 
     enrollment periods) is amended by adding at the end the 
     following new paragraph:
       ``(3) Loss of military health coverage.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     a group health plan shall permit an employee who is eligible, 
     but not enrolled, for coverage under the terms of the plan 
     (or a dependent of such an employee if the dependent is 
     eligible, but not enrolled, for coverage under such terms) to 
     enroll for coverage under the terms of the plan if each of 
     the following conditions is met:
       ``(i) The employee or dependent, by reason of service in 
     the uniformed services (within the meaning of section 4303 of 
     title 38, United States Code), was covered under a Federal 
     health care benefit program (including coverage under the 
     TRICARE program (as that term is defined in section 1072 of 
     title 10, United States Code) or by reason of entitlement to 
     health care benefits under the laws administered by the 
     Secretary of Veterans Affairs or as a member of the uniformed 
     services on active duty), and the employee or dependent loses 
     eligibility for such coverage.
       ``(ii) The employee or dependent is otherwise eligible to 
     enroll for coverage under the terms of the plan.
       ``(iii) The employee requests such coverage not later than 
     90 days after the date on which the coverage described in 
     clause (i) terminated.
       ``(B) Effective date of coverage.--Coverage requested under 
     subparagraph (A)(iii) shall become effective not later than 
     the first day of the first month after the date of such 
     request.''.
       (b) Employee Retirement Income Security Act of 1974.--
     Section 701(f) of the Employee Retirement Income Security Act 
     of 1974 (29 U.S.C. 1181(f)) is amended by adding at the end 
     the following:
       ``(3) Loss of military health coverage.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     a group health plan, and a health insurance issuer offering 
     group health insurance coverage in connection with a group 
     health plan, shall permit an employee who is eligible, but 
     not enrolled, for coverage under the terms of the plan (or a 
     dependent of such an employee if the dependent is eligible, 
     but not enrolled, for coverage under such terms) to enroll 
     for coverage under the terms of the plan if each of the 
     following conditions is met:
       ``(i) The employee or dependent, by reason of service in 
     the uniformed services (within the meaning of section 4303 of 
     title 38, United States Code), was covered under a Federal 
     health care benefit program (including coverage under the 
     TRICARE program (as that term is defined in section 1072 of 
     title 10, United States Code) or by reason of entitlement to 
     health care benefits under the laws administered by the 
     Secretary of Veterans Affairs or as a member of the uniformed 
     services on active duty), and the employee or dependent loses 
     eligibility for such coverage.
       ``(ii) The employee or dependent is otherwise eligible to 
     enroll for coverage under the terms of the plan.
       ``(iii) The employee requests such coverage not later than 
     90 days after the date on which the coverage described in 
     clause (i) terminated.
       ``(B) Effective date of coverage.--Coverage requested under 
     subparagraph (A)(iii) shall become effective not later than 
     the first day of the first month after the date of such 
     request.''.
       (c) Public Health Service Act.--Section 2701(f) of the 
     Public Health Service Act (42 U.S.C. 300gg(f)) is amended by 
     adding at the end the following:
       ``(3) Loss of military health coverage.--
       ``(A) In general.--Notwithstanding paragraphs (1) and (2), 
     a group health plan, and a health insurance issuer offering 
     group health insurance coverage in connection with a group 
     health plan, shall permit an employee who is eligible, but 
     not enrolled, for coverage under the terms of the plan (or a 
     dependent of such an employee if the dependent is eligible, 
     but not enrolled, for coverage under such terms) to enroll 
     for coverage under the terms of the plan if each of the 
     following conditions is met:
       ``(i) The employee or dependent, by reason of service in 
     the uniformed services (within the meaning of section 4303 of 
     title 38, United States Code), was covered under a Federal 
     health care benefit program (including coverage under the 
     TRICARE program (as that term is defined in section 1072 of 
     title 10, United States Code) or by reason of entitlement to 
     health care benefits under the laws administered by the 
     Secretary of Veterans Affairs or as a member of the uniformed 
     services on active duty), and the employee or dependent loses 
     eligibility for such coverage.
       ``(ii) The employee or dependent is otherwise eligible to 
     enroll for coverage under the terms of the plan.
       ``(iii) The employee requests such coverage not later than 
     90 days after the date on which the coverage described in 
     clause (i) terminated.
       ``(B) Effective date of coverage.--Coverage requested under 
     subparagraph (A)(iii) shall become effective not later than 
     the first day of the first month after the date of such 
     request.''.
       (d) Regulations.--The Secretary of the Treasury, the 
     Secretary of Labor, and the Secretary of Health and Human 
     Services, consistent with section 104 of the Health Insurance 
     Portability and Accountability Act of 1996 (42 U.S.C. 300gg-
     92 note), may promulgate such regulations as may be necessary 
     or appropriate to require the notification of individuals (or 
     their dependents) of their rights under the amendment made by 
     this Act.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 90 days after the date of the enactment of 
     this Act.

                  TITLE III--TAX TECHNICAL CORRECTIONS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``''.

     SEC. 302. AMENDMENT RELATED TO THE TAX RELIEF AND HEALTH CARE 
                   ACT OF 2006.

       (a) Amendment Related to Section 402 of Division A of the 
     Act.--Subparagraph (A) of section 53(e)(2) is amended to read 
     as follows:
       ``(A) In general.--The term `AMT refundable credit amount' 
     means, with respect to any taxable year, the amount (not in 
     excess of the long-term unused minimum tax credit for such 
     taxable year) equal to the greater of--
       ``(i) $5,000,
       ``(ii) 20 percent of the long-term unused minimum tax 
     credit for such taxable year, or
       ``(iii) the amount (if any) of the AMT refundable credit 
     amount determined under this paragraph for the taxpayer's 
     preceding taxable year (as determined before any reduction 
     under subparagraph (B)).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the provision of the Tax 
     Relief and Health Care Act of 2006 to which it relates.

     SEC. 303. AMENDMENTS RELATED TO TITLE XII OF THE PENSION 
                   PROTECTION ACT OF 2006.

       (a) Amendment Related to Section 1201 of the Act.--
     Subparagraph (D) of section 408(d)(8) is amended by striking 
     ``all amounts distributed from all individual retirement 
     plans were treated as 1 contract under paragraph (2)(A) for 
     purposes of determining the inclusion of such distribution 
     under section 72'' and inserting ``all amounts in all 
     individual retirement plans of the individual were 
     distributed during such taxable year and all such plans were 
     treated as 1 contract for purposes of determining under 
     section 72 the aggregate amount which would have been so 
     includible''.
       (b) Amendment Related to Section 1203 of the Act.--
     Subsection (d) of section 1366 is amended by adding at the 
     end the following new paragraph:
       ``(4) Application of limitation on charitable 
     contributions.--In the case of any charitable contribution of 
     property to which the second sentence of section 1367(a)(2) 
     applies, paragraph (1) shall not apply to the extent of the 
     excess (if any) of--
       ``(A) the shareholder's pro rata share of such 
     contribution, over
       ``(B) the shareholder's pro rata share of the adjusted 
     basis of such property.''.
       (c) Amendment Related to Section 1215 of the Act.--
     Subclause (I) of section 170(e)(7)(D)(i) is amended by 
     striking ``related'' and inserting ``substantial and 
     related''.
       (d) Amendments Related to Section 1218 of the Act.--
       (1) Section 2055 is amended by striking subsection (g) and 
     by redesignating subsection (h) as subsection (g).
       (2) Subsection (e) of section 2522 is amended--

[[Page 23082]]

       (A) by striking paragraphs (2) and (4),
       (B) by redesignating paragraph (3) as paragraph (2), and
       (C) by adding at the end of paragraph (2), as so 
     redesignated, the following new subparagraph:
       ``(C) Initial fractional contribution.--For purposes of 
     this paragraph, the term `initial fractional contribution' 
     means, with respect to any donor, the first gift of an 
     undivided portion of the donor's entire interest in any 
     tangible personal property for which a deduction is allowed 
     under subsection (a) or (b).''.
       (e) Amendments Related to Section 1219 of the Act.--
       (1) Paragraph (2) of section 6695A(a) is amended by 
     inserting ``a substantial estate or gift tax valuation 
     understatement (within the meaning of section 6662(g)),'' 
     before ``or a gross valuation misstatement''.
       (2) Paragraph (1) of section 6696(d) is amended by striking 
     ``or under section 6695'' and inserting ``, section 6695, or 
     6695A''.
       (f) Amendment Related to Section 1221 of the Act.--
     Subparagraph (A) of section 4940(c)(4) is amended to read as 
     follows:
       ``(A) There shall not be taken into account any gain or 
     loss from the sale or other disposition of property to the 
     extent that such gain or loss is taken into account for 
     purposes of computing the tax imposed by section 511.''.
       (g) Amendment Related to Section 1225 of the Act.--
       (1) Subsection (b) of section 6104 is amended--
       (A) by striking ``Information'' in the heading, and
       (B) by adding at the end the following: ``Any annual return 
     which is filed under section 6011 by an organization 
     described in section 501(c)(3) and which relates to any tax 
     imposed by section 511 (relating to imposition of tax on 
     unrelated business income of charitable, etc., organizations) 
     shall be treated for purposes of this subsection in the same 
     manner as if furnished under section 6033.''.
       (2) Clause (ii) of section 6104(d)(1)(A) is amended to read 
     as follows:
       ``(ii) any annual return which is filed under section 6011 
     by an organization described in section 501(c)(3) and which 
     relates to any tax imposed by section 511 (relating to 
     imposition of tax on unrelated business income of charitable, 
     etc., organizations),''.
       (3) Paragraph (2) of section 6104(d) is amended by striking 
     ``section 6033'' and inserting ``section 6011 or 6033''.
       (h) Amendment Related to Section 1231 of the Act.--
     Subsection (b) of section 4962 is amended by striking ``or 
     D'' and inserting ``D, or G''.
       (i) Amendment Related to Section 1242 of the Act.--
       (1) Subclause (II) of section 4958(c)(3)(A)(i) is amended 
     by striking ``paragraph (1), (2), or (4) of section 509(a)'' 
     and inserting ``subparagraph (C)(ii)''.
       (2) Clause (ii) of section 4958(c)(3)(C) is amended to read 
     as follows:
       ``(ii) Exception.--Such term shall not include--

       ``(I) any organization described in paragraph (1), (2), or 
     (4) of section 509(a), and
       ``(II) any organization which is treated as described in 
     such paragraph (2) by reason of the last sentence of section 
     509(a) and which is a supported organization (as defined in 
     section 509(f)(3)) of the organization to which subparagraph 
     (A) applies.''.

       (j) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Pension Protection Act of 2006 to which they relate.

     SEC. 304. AMENDMENTS RELATED TO THE TAX INCREASE PREVENTION 
                   AND RECONCILIATION ACT OF 2005.

       (a) Amendments Related to Section 103 of the Act.--
     Paragraph (6) of section 954(c) is amended by redesignating 
     subparagraph (B) as subparagraph (C) and inserting after 
     subparagraph (A) the following new subparagraph:
       ``(B) Exception.--Subparagraph (A) shall not apply in the 
     case of any interest, rent, or royalty to the extent such 
     interest, rent, or royalty creates (or increases) a deficit 
     which under section 952(c) may reduce the subpart F income of 
     the payor or another controlled foreign corporation.''.
       (b) Amendments Related to Section 202 of the Act.--
       (1) Subparagraph (A) of section 355(b)(2) is amended to 
     read as follows:
       ``(A) it is engaged in the active conduct of a trade or 
     business,''.
       (2) Paragraph (3) of section 355(b) is amended to read as 
     follows:
       ``(3) Special rules for determining active conduct in the 
     case of affiliated groups.--
       ``(A) In general.--For purposes of determining whether a 
     corporation meets the requirements of paragraph (2)(A), all 
     members of such corporation's separate affiliated group shall 
     be treated as one corporation.
       ``(B) Separate affiliated group.--For purposes of this 
     paragraph, the term `separate affiliated group' means, with 
     respect to any corporation, the affiliated group which would 
     be determined under section 1504(a) if such corporation were 
     the common parent and section 1504(b) did not apply.
       ``(C) Treatment of trade or business conducted by acquired 
     member.--If a corporation became a member of a separate 
     affiliated group as a result of one or more transactions in 
     which gain or loss was recognized in whole or in part, any 
     trade or business conducted by such corporation (at the time 
     that such corporation became such a member) shall be treated 
     for purposes of paragraph (2) as acquired in a transaction in 
     which gain or loss was recognized in whole or in part.
       ``(D) Regulations.--The Secretary shall prescribe such 
     regulations as are necessary or appropriate to carry out the 
     purposes of this paragraph, including regulations which 
     provide for the proper application of subparagraphs (B), (C), 
     and (D) of paragraph (2), and modify the application of 
     subsection (a)(3)(B), in connection with the application of 
     this paragraph.''.
       (3) The Internal Revenue Code of 1986 shall be applied and 
     administered as if the amendments made by section 202 of the 
     Tax Increase Prevention and Reconciliation Act of 2005 and by 
     section 410 of division A of the Tax Relief and Health Care 
     Act of 2006 had never been enacted.
       (c) Amendment Related to Section 515 of the Act.--
     Subsection (f) of section 911 is amended to read as follows:
       ``(f) Determination of Tax Liability.--
       ``(1) In general.--If, for any taxable year, any amount is 
     excluded from gross income of a taxpayer under subsection 
     (a), then, notwithstanding sections 1 and 55--
       ``(A) if such taxpayer has taxable income for such taxable 
     year, the tax imposed by section 1 for such taxable year 
     shall be equal to the excess (if any) of--
       ``(i) the tax which would be imposed by section 1 for such 
     taxable year if the taxpayer's taxable income were increased 
     by the amount excluded under subsection (a) for such taxable 
     year, over
       ``(ii) the tax which would be imposed by section 1 for such 
     taxable year if the taxpayer's taxable income were equal to 
     the amount excluded under subsection (a) for such taxable 
     year, and
       ``(B) if such taxpayer has a taxable excess (as defined in 
     section 55(b)(1)(A)(ii)) for such taxable year, the amount 
     determined under the first sentence of section 55(b)(1)(A)(i) 
     for such taxable year shall be equal to the excess (if any) 
     of--
       ``(i) the amount which would be determined under such 
     sentence for such taxable year (subject to the limitation of 
     section 55(b)(3)) if the taxpayer's taxable excess (as so 
     defined) were increased by the amount excluded under 
     subsection (a) for such taxable year, over
       ``(ii) the amount which would be determined under such 
     sentence for such taxable year if the taxpayer's taxable 
     excess (as so defined) were equal to the amount excluded 
     under subsection (a) for such taxable year.
       ``(2) Special rules.--
       ``(A) Regular tax.--In applying section 1(h) for purposes 
     of determining the tax under paragraph (1)(A)(i) for any 
     taxable year in which, without regard to this subsection, the 
     taxpayer's net capital gain exceeds taxable income (hereafter 
     in this subparagraph referred to as the capital gain 
     excess)--
       ``(i) the taxpayer's net capital gain (determined without 
     regard to section 1(h)(11)) shall be reduced (but not below 
     zero) by such capital gain excess,
       ``(ii) the taxpayer's qualified dividend income shall be 
     reduced by so much of such capital gain excess as exceeds the 
     taxpayer's net capital gain (determined without regard to 
     section 1(h)(11) and the reduction under clause (i)), and
       ``(iii) adjusted net capital gain, unrecaptured section 
     1250 gain, and 28-percent rate gain shall each be determined 
     after increasing the amount described in section 1(h)(4)(B) 
     by such capital gain excess.
       ``(B) Alternative minimum tax.--In applying section 
     55(b)(3) for purposes of determining the tax under paragraph 
     (1)(B)(i) for any taxable year in which, without regard to 
     this subsection, the taxpayer's net capital gain exceeds the 
     taxable excess (as defined in section 55(b)(1)(A)(ii))--
       ``(i) the rules of subparagraph (A) shall apply, except 
     that such subparagraph shall be applied by substituting `the 
     taxable excess (as defined in section 55(b)(1)(A)(ii))' for 
     `taxable income', and
       ``(ii) the reference in section 55(b)(3)(B) to the excess 
     described in section 1(h)(1)(B) shall be treated as a 
     reference to such excess as determined under the rules of 
     subparagraph (A) for purposes of determining the tax under 
     paragraph (1)(A)(i).
       ``(C) Definitions.--Terms used in this paragraph which are 
     also used in section 1(h) shall have the respective meanings 
     given such terms by section 1(h), except that in applying 
     subparagraph (B) the adjustments under part VI of subchapter 
     A shall be taken into account.''.
       (d) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect as if included in the provisions of the Tax Increase 
     Prevention and Reconciliation Act of 2005 to which they 
     relate.
       (2) Modification of active business definition under 
     section 355.--
       (A) In general.--Except as otherwise provided in this 
     paragraph, the amendments made by subsection (b) shall apply 
     to distributions made after May 17, 2006.
       (B) Transition rule.--The amendments made by subsection (b) 
     shall not apply to any distribution pursuant to a transaction 
     which is--
       (i) made pursuant to an agreement which was binding on May 
     17, 2006, and at all times thereafter,
       (ii) described in a ruling request submitted to the 
     Internal Revenue Service on or before such date, or
       (iii) described on or before such date in a public 
     announcement or in a filing with the Securities and Exchange 
     Commission.
       (C) Election out of transition rule.--Subparagraph (B) 
     shall not apply if the distributing corporation elects not to 
     have such subparagraph apply to distributions of such 
     corporation. Any such election, once made, shall be 
     irrevocable.

[[Page 23083]]

       (D) Special rule for certain pre-enactment distributions.--
     For purposes of determining the continued qualification under 
     section 355(b)(2)(A) of the Internal Revenue Code of 1986 of 
     distributions made on or before May 17, 2006, as a result of 
     an acquisition, disposition, or other restructuring after 
     such date, such distribution shall be treated as made on the 
     date of such acquisition, disposition, or restructuring for 
     purposes of applying subparagraphs (A) through (C) of this 
     paragraph. The preceding sentence shall only apply with 
     respect to the corporation that undertakes such acquisition, 
     disposition, or other restructuring, and only if such 
     application results in continued qualification under section 
     355(b)(2)(A) of such Code.
       (3) Amendment related to section 515 of the act.--The 
     amendment made by subsection (c) shall apply to taxable years 
     beginning after December 31, 2006.

     SEC. 305. AMENDMENTS RELATED TO THE SAFE, ACCOUNTABLE, 
                   FLEXIBLE, EFFICIENT TRANSPORTATION EQUITY ACT: 
                   A LEGACY FOR USERS.

       (a) Amendments Related to Section 11113 of the Act.--
       (1) Paragraph (3) of section 6427(i) is amended--
       (A) by inserting ``or under subsection (e)(2) by any person 
     with respect to an alternative fuel (as defined in section 
     6426(d)(2))'' after ``section 6426'' in subparagraph (A),
       (B) by inserting ``or (e)(2)'' after ``subsection (e)(1)'' 
     in subparagraphs (A)(i) and (B), and
       (C) by striking ``alcohol fuel and biodiesel mixture 
     credit'' and inserting ``mixture credits and the alternative 
     fuel credit'' in the heading thereof.
       (2) Subparagraph (F) of section 6426(d)(2) is amended by 
     striking ``hydrocarbons'' and inserting ``fuel''.
       (3) Section 6426 is amended by adding at the end the 
     following new subsection:
       ``(h) Denial of Double Benefit.--No credit shall be 
     determined under subsection (d) or (e) with respect to any 
     fuel with respect to which credit may be determined under 
     subsection (b) or (c) or under section 40 or 40A.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     SAFETEA-LU to which they relate.

     SEC. 306. AMENDMENTS RELATED TO THE ENERGY POLICY ACT OF 
                   2005.

       (a) Amendment Related to Section 1306 of the Act.--
     Paragraph (2) of section 45J(b) is amended to read as 
     follows:
       ``(2) Amount of national limitation.--The aggregate amount 
     of national megawatt capacity limitation allocated by the 
     Secretary under paragraph (3) shall not exceed 6,000 
     megawatts.''.
       (b) Amendments Related to Section 1342 of the Act.--
       (1) So much of subsection (b) of section 30C as precedes 
     paragraph (1) thereof is amended to read as follows:
       ``(b) Limitation.--The credit allowed under subsection (a) 
     with respect to all qualified alternative fuel vehicle 
     refueling property placed in service by the taxpayer during 
     the taxable year at a location shall not exceed--''.
       (2) Subsection (c) of section 30C is amended to read as 
     follows:
       ``(c) Qualified Alternative Fuel Vehicle Refueling 
     Property.--For purposes of this section, the term `qualified 
     alternative fuel vehicle refueling property' has the same 
     meaning as the term `qualified clean-fuel vehicle refueling 
     property' would have under section 179A if--
       ``(1) paragraph (1) of section 179A(d) did not apply to 
     property installed on property which is used as the principal 
     residence (within the meaning of section 121) of the 
     taxpayer, and
       ``(2) only the following were treated as clean-burning 
     fuels for purposes of section 179A(d):
       ``(A) Any fuel at least 85 percent of the volume of which 
     consists of one or more of the following: ethanol, natural 
     gas, compressed natural gas, liquified natural gas, liquefied 
     petroleum gas, or hydrogen.
       ``(B) Any mixture--
       ``(i) which consists of two or more of the following: 
     biodiesel (as defined in section 40A(d)(1)), diesel fuel (as 
     defined in section 4083(a)(3)), or kerosene, and
       ``(ii) at least 20 percent of the volume of which consists 
     of biodiesel (as so defined) determined without regard to any 
     kerosene in such mixture.''.
       (c) Amendments Related to Section 1351 of the Act.--
       (1) Paragraph (3) of section 41(a) is amended by inserting 
     ``for energy research'' before the period at the end.
       (2) Paragraph (6) of section 41(f) is amended by adding at 
     the end the following new subparagraph:
       ``(E) Energy research.--The term `energy research' does not 
     include any research which is not qualified research.''.
       (d) Amendments Related to Section 1362 of the Act.--
       (1)(A) Paragraph (1) of section 4041(d) is amended by 
     adding at the end the following new sentence: ``No tax shall 
     be imposed under the preceding sentence on the sale or use of 
     any liquid if tax was imposed with respect to such liquid 
     under section 4081 at the Leaking Underground Storage Tank 
     Trust Fund financing rate.''.
       (B) Paragraph (3) of section 4042(b) is amended to read as 
     follows:
       ``(3) Exception for fuel on which leaking underground 
     storage tank trust fund financing rate separately imposed.--
     The Leaking Underground Storage Tank Trust Fund financing 
     rate under paragraph (2)(B) shall not apply to the use of any 
     fuel if tax was imposed with respect to such fuel under 
     section 4041(d) or 4081 at the Leaking Underground Storage 
     Tank Trust Fund financing rate.''.
       (C) Notwithstanding section 6430 of the Internal Revenue 
     Code of 1986, a refund, credit, or payment may be made under 
     subchapter B of chapter 65 of such Code for taxes imposed 
     with respect to any liquid after September 30, 2005, and 
     before the date of the enactment of this Act under section 
     4041(d)(1) or 4042 of such Code at the Leaking Underground 
     Storage Tank Trust Fund financing rate to the extent that tax 
     was imposed with respect to such liquid under section 4081 at 
     the Leaking Underground Storage Tank Trust Fund financing 
     rate.
       (2)(A) Paragraph (5) of section 4041(d) is amended--
       (i) by striking ``(other than with respect to any sale for 
     export under paragraph (3) thereof)'', and
       (ii) by adding at the end the following new sentence: ``The 
     preceding sentence shall not apply with respect to subsection 
     (g)(3) and so much of subsection (g)(1) as relates to vessels 
     (within the meaning of section 4221(d)(3)) employed in 
     foreign trade or trade between the United States and any of 
     its possessions.''.
       (B) Section 4082 is amended--
       (i) by striking ``(other than such tax at the Leaking 
     Underground Storage Tank Trust Fund financing rate imposed in 
     all cases other than for export)'' in subsection (a), and
       (ii) by redesignating subsections (f) and (g) as 
     subsections (g) and (h), respectively, and by inserting after 
     subsection (e) the following new subsection:
       ``(f) Exception for Leaking Underground Storage Tank Trust 
     Fund Financing Rate.--
       ``(1) In general.--Subsection (a) shall not apply to the 
     tax imposed under section 4081 at the Leaking Underground 
     Storage Tank Trust Fund financing rate.
       ``(2) Exception for export, etc.--Paragraph (1) shall not 
     apply with respect to any fuel if the Secretary determines 
     that such fuel is destined for export or for use by the 
     purchaser as supplies for vessels (within the meaning of 
     section 4221(d)(3)) employed in foreign trade or trade 
     between the United States and any of its possessions.''.
       (C) Subsection (e) of section 4082 is amended--
       (i) by striking ``an aircraft, the rate of tax under 
     section 4081(a)(2)(A)(iii) shall be zero.'' and inserting 
     ``an aircraft--
       ``(1) the rate of tax under section 4081(a)(2)(A)(iii) 
     shall be zero, and
       ``(2) if such aircraft is employed in foreign trade or 
     trade between the United States and any of its possessions, 
     the increase in such rate under section 4081(a)(2)(B) shall 
     be zero.''; and
       (ii) by moving the last sentence flush with the margin of 
     such subsection (following the paragraph (2) added by clause 
     (i)).
       (D) Section 6430 is amended to read as follows:

     ``SEC. 6430. TREATMENT OF TAX IMPOSED AT LEAKING UNDERGROUND 
                   STORAGE TANK TRUST FUND FINANCING RATE.

       ``No refunds, credits, or payments shall be made under this 
     subchapter for any tax imposed at the Leaking Underground 
     Storage Tank Trust Fund financing rate, except in the case of 
     fuels--
       ``(1) which are exempt from tax under section 4081(a) by 
     reason of section 4082(f)(2),
       ``(2) which are exempt from tax under section 4041(d) by 
     reason of the last sentence of paragraph (5) thereof, or
       ``(3) with respect to which the rate increase under section 
     4081(a)(2)(B) is zero by reason of section 4082(e)(2).''.
       (3) Paragraph (5) of section 4041(d) is amended by 
     inserting ``(b)(1)(A),'' after ``subsections''.
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect as if included in the provisions of the Energy Policy 
     Act of 2005 to which they relate.
       (2) Nonapplication of exemption for off-highway business 
     use.--The amendment made by subsection (d)(3) shall apply to 
     fuel sold for use or used after the date of the enactment of 
     this Act.
       (3) Amendment made by the safetea-lu.--The amendment made 
     by subsection (d)(2)(C)(ii) shall take effect as if included 
     in section 11161 of the SAFETEA-LU.

     SEC. 307. AMENDMENTS RELATED TO THE AMERICAN JOBS CREATION 
                   ACT OF 2004.

       (a) Amendments Related to Section 339 of the Act.--
       (1)(A) Section 45H is amended by striking subsection (d) 
     and by redesignating subsections (e), (f), and (g) as 
     subsections (d), (e), and (f), respectively.
       (B) Subsection (d) of section 280C is amended to read as 
     follows:
       ``(d) Credit for Low Sulfur Diesel Fuel Production.--The 
     deductions otherwise allowed under this chapter for the 
     taxable year shall be reduced by the amount of the credit 
     determined for the taxable year under section 45H(a).''.
       (C) Subsection (a) of section 1016 is amended by striking 
     paragraph (31) and by redesignating paragraphs (32) through 
     (37) as paragraphs (31) through (36), respectively.
       (2)(A) Section 45H, as amended by paragraph (1), is amended 
     by adding at the end the following new subsection:
       ``(g) Election to Not Take Credit.--No credit shall be 
     determined under subsection (a) for the taxable year if the 
     taxpayer elects not to

[[Page 23084]]

     have subsection (a) apply to such taxable year.''.
       (B) Subsection (m) of section 6501 is amended by inserting 
     ``45H(g),'' after ``45C(d)(4),''.
       (3)(A) Subsections (b)(1)(A), (c)(2), (e)(1), and (e)(2) of 
     section 45H (as amended by paragraph (1)) and section 179B(a) 
     are each amended by striking ``qualified capital costs'' and 
     inserting ``qualified costs''.
       (B) The heading of paragraph (2) of section 45H(c) is 
     amended by striking ``capital''.
       (C) Subsection (a) of section 179B is amended by inserting 
     ``and which are properly chargeable to capital account'' 
     before the period at the end.
       (b) Amendments Related to Section 710 of the Act.--
       (1) Clause (ii) of section 45(c)(3)(A) is amended by 
     striking ``which is segregated from other waste materials 
     and''.
       (2) Subparagraph (B) of section 45(d)(2) is amended by 
     inserting ``and'' at the end of clause (i), by striking 
     clause (ii), and by redesignating clause (iii) as clause 
     (ii).
       (c) Amendments Related to Section 848 of the Act.--
       (1) Paragraph (2) of section 470(c) is amended to read as 
     follows:
       ``(2) Tax-exempt use property.--
       ``(A) In general.--The term `tax-exempt use property' has 
     the meaning given to such term by section 168(h), except that 
     such section shall be applied--
       ``(i) without regard to paragraphs (1)(C) and (3) thereof, 
     and
       ``(ii) as if section 197 intangible property (as defined in 
     section 197), and property described in paragraph (1)(B) or 
     (2) of section 167(f), were tangible property.
       ``(B) Exception for partnerships.--Such term shall not 
     include any property which would (but for this subparagraph) 
     be tax-exempt use property solely by reason of section 
     168(h)(6).
       ``(C) Cross reference.--For treatment of partnerships as 
     leases to which section 168(h) applies, see section 
     7701(e).''.
       (2) Subparagraph (A) of section 470(d)(1) is amended by 
     striking ``(at any time during the lease term)'' and 
     inserting ``(at all times during the lease term)''.
       (d) Amendments Related to Section 888 of the Act.--
       (1) Subparagraph (A) of section 1092(a)(2) is amended by 
     striking ``and'' at the end of clause (ii), by redesignating 
     clause (iii) as clause (iv), and by inserting after clause 
     (ii) the following new clause:
       ``(iii) if the application of clause (ii) does not result 
     in an increase in the basis of any offsetting position in the 
     identified straddle, the basis of each of the offsetting 
     positions in the identified straddle shall be increased in a 
     manner which--

       ``(I) is reasonable, consistent with the purposes of this 
     paragraph, and consistently applied by the taxpayer, and
       ``(II) results in an aggregate increase in the basis of 
     such offsetting positions which is equal to the loss 
     described in clause (ii), and''.

       (2)(A) Subparagraph (B) of section 1092(a)(2) is amended by 
     adding at the end the following flush sentence:

     ``A straddle shall be treated as clearly identified for 
     purposes of clause (i) only if such identification includes 
     an identification of the positions in the straddle which are 
     offsetting with respect other positions in the straddle.''.
       (B) Subparagraph (A) of section 1092(a)(2) is amended--
       (i) by striking ``identified positions'' in clause (i) and 
     inserting ``positions'',
       (ii) by striking ``identified position'' in clause (ii) and 
     inserting ``position'', and
       (iii) by striking ``identified offsetting positions'' in 
     clause (ii) and inserting ``offsetting positions''.
       (C) Subparagraph (B) of section 1092(a)(3) is amended by 
     striking ``identified offsetting position'' and inserting 
     ``offsetting position''.
       (3) Paragraph (2) of section 1092(a) is amended by 
     redesignating subparagraph (C) as subparagraph (D) and 
     inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Application to liabilities and obligations.--Except 
     as otherwise provided by the Secretary, rules similar to the 
     rules of clauses (ii) and (iii) of subparagraph (A) shall 
     apply for purposes of this paragraph with respect to any 
     position which is, or has been, a liability or obligation.''.
       (4) Subparagraph (D) of section 1092(a)(2), as redesignated 
     by paragraph (3), is amended by inserting ``the rules for the 
     application of this section to a position which is or has 
     been a liability or obligation, methods of loss allocation 
     which satisfy the requirements of subparagraph (A)(iii),'' 
     before ``and the ordering rules''.
       (e) Effective Date.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall take 
     effect as if included in the provisions of the American Jobs 
     Creation Act of 2004 to which they relate.
       (2) Identification requirement of amendment related to 
     section 888 of the american jobs creation act of 2004.--The 
     amendment made by subsection (d)(2)(A) shall apply to 
     straddles acquired after the date of the enactment of this 
     Act.

     SEC. 308. AMENDMENTS RELATED TO THE ECONOMIC GROWTH AND TAX 
                   RELIEF RECONCILIATION ACT OF 2001.

       (a) Amendments Related to Section 617 of the Act.--
       (1) Subclause (II) of section 402(g)(7)(A)(ii) is amended 
     by striking ``for prior taxable years'' and inserting 
     ``permitted for prior taxable years by reason of this 
     paragraph''.
       (2) Subparagraph (A) of section 3121(v)(1) is amended by 
     inserting ``or consisting of designated Roth contributions 
     (as defined in section 402A(c))'' before the comma at the 
     end.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Economic Growth and Tax Relief Reconciliation Act of 2001 to 
     which they relate.

     SEC. 309. AMENDMENTS RELATED TO THE TAX RELIEF EXTENSION ACT 
                   OF 1999.

       (a) Amendment Related to Section 507 of the Act.--Clause 
     (i) of section 45(e)(7)(A) is amended by striking ``placed in 
     service by the taxpayer'' and inserting ``originally placed 
     in service''.
       (b) Amendment Related to Section 542 of the Act.--Clause 
     (ii) of section 856(d)(9)(D) is amended to read as follows:
       ``(ii) Lodging facility.--The term `lodging facility' means 
     a--

       ``(I) hotel,
       ``(II) motel, or
       ``(III) other establishment more than one-half of the 
     dwelling units in which are used on a transient basis.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the Tax 
     Relief Extension Act of 1999 to which they relate.

     SEC. 310. AMENDMENT RELATED TO THE INTERNAL REVENUE SERVICE 
                   RESTRUCTURING AND REFORM ACT OF 1998.

       (a) Amendment Related to Section 3509 of the Act.--
     Paragraph (3) of section 6110(i) is amended by inserting 
     ``and related background file documents'' after ``Chief 
     Counsel advice'' in the matter preceding subparagraph (A).
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the provision of the 
     Internal Revenue Service Restructuring and Reform Act of 1998 
     to which it relates.

     SEC. 311. CLERICAL CORRECTIONS.

       (a) In General.--
       (1) Paragraph (5) of section 21(e) is amended by striking 
     ``section 152(e)(3)(A)'' in the flush matter after 
     subparagraph (B) and inserting ``section 152(e)(4)(A)''.
       (2) Paragraph (3) of section 25C(c) is amended by striking 
     ``section 3280'' and inserting ``part 3280''.
       (3) Paragraph (2) of section 26(b) is amended by 
     redesignating subparagraphs (S) and (T) as subparagraphs (U) 
     and (V), respectively, and by inserting after subparagraph 
     (R) the following new subparagraphs:
       ``(S) sections 106(e)(3)(A)(ii), 223(b)(8)(B)(i)(II), and 
     408(d)(9)(D)(i)(II) (relating to certain failures to maintain 
     high deductible health plan coverage),
       ``(T) section 170(o)(3)(B) (relating to recapture of 
     certain deductions for fractional gifts),''.
       (4) Subsection (a) of section 34 is amended--
       (A) in paragraph (1), by striking ``with respect to 
     gasoline used during the taxable year on a farm for farming 
     purposes'',
       (B) in paragraph (2), by striking ``with respect to 
     gasoline used during the taxable year (A) otherwise than as a 
     fuel in a highway vehicle or (B) in vehicles while engaged in 
     furnishing certain public passenger land transportation 
     service'', and
       (C) in paragraph (3), by striking ``with respect to fuels 
     used for nontaxable purposes or resold during the taxable 
     year''.
       (5) Paragraph (2) of section 35(d) is amended--
       (A) by striking ``paragraph (2) or (4) of'', and
       (B) by striking ``(within the meaning of section 
     152(e)(1))'' and inserting ``(as defined in section 
     152(e)(4)(A))''.
       (6) Subsection (b) of section 38 is amended--
       (A) by striking ``and'' each place it appears at the end of 
     any paragraph,
       (B) by striking ``plus'' each place it appears at the end 
     of any paragraph, and
       (C) by inserting ``plus'' at the end of paragraph (30).
       (7) Paragraphs (2) and (3) of section 45L(c) are each 
     amended by striking ``section 3280'' and inserting ``part 
     3280''.
       (8) Subsection (c) of section 48 is amended by striking 
     ``subsection'' in the text preceding paragraph (1) and 
     inserting ``section''.
       (9) Paragraphs (1)(B) and (2)(B) of section 48(c) are each 
     amended by striking ``paragraph (1)'' and inserting 
     ``subsection (a)''.
       (10) Clause (ii) of section 48A(d)(4)(B) is amended by 
     striking ``subsection'' both places it appears.
       (11) The last sentence of section 125(b)(2) is amended by 
     striking ``last sentence'' and inserting ``second sentence''.
       (12) Subclause (II) of section 167(g)(8)(C)(ii) is amended 
     by striking ``section 263A(j)(2)'' and inserting ``section 
     263A(i)(2)''.
       (13)(A) Clause (vii) of section 170(b)(1)(A) is amended by 
     striking ``subparagraph (E)'' and inserting ``subparagraph 
     (F)''.
       (B) Clause (ii) of section 170(e)(1)(B) is amended by 
     striking ``subsection (b)(1)(E)'' and inserting ``subsection 
     (b)(1)(F)''.
       (C) Clause (i) of section 1400S(a)(2)(A) is amended by 
     striking ``subparagraph (F)'' and inserting ``subparagraph 
     (G)''.
       (D) Subparagraph (A) of section 4942(i)(1) is amended by 
     striking ``section 170(b)(1)(E)(ii)'' and inserting ``section 
     170(b)(1)(F)(ii)''.
       (14) Subclause (II) of section 170(e)(1)(B)(i) is amended 
     by inserting ``, but without regard to clause (ii) thereof'' 
     after ``paragraph (7)(C)''.
       (15)(A) Subparagraph (A) of section 170(o)(1) and 
     subparagraph (A) of section 2522(e)(1) are

[[Page 23085]]

     each amended by striking ``all interest in the property is'' 
     and inserting ``all interests in the property are''.
       (B) Section 170(o)(3)(A)(i), and section 2522(e)(2)(A)(i) 
     (as redesignated by section 403(d)(2)), are each amended--
       (i) by striking ``interest'' and inserting ``interests'', 
     and
       (ii) by striking ``before'' and inserting ``on or before''.
       (16)(A) Subparagraph (C) of section 852(b)(4) is amended to 
     read as follows:
       ``(C) Determination of holding periods.--For purposes of 
     this paragraph, in determining the period for which the 
     taxpayer has held any share of stock--
       ``(i) the rules of paragraphs (3) and (4) of section 246(c) 
     shall apply, and
       ``(ii) there shall not be taken into account any day which 
     is more than 6 months after the date on which such share 
     becomes ex-dividend.''.
       (B) Subparagraph (B) of section 857(b)(8) is amended to 
     read as follows:
       ``(B) Determination of holding periods.--For purposes of 
     this paragraph, in determining the period for which the 
     taxpayer has held any share of stock or beneficial interest--
       ``(i) the rules of paragraphs (3) and (4) of section 246(c) 
     shall apply, and
       ``(ii) there shall not be taken into account any day which 
     is more than 6 months after the date on which such share or 
     interest becomes ex-dividend.''.
       (17) Paragraph (2) of section 856(l) is amended by striking 
     the last sentence and inserting the following: ``For purposes 
     of subparagraph (B), securities described in subsection 
     (m)(2)(A) shall not be taken into account.''.
       (18) Subparagraph (F) of section 954(c)(1) is amended to 
     read as follows:
       ``(F) Income from notional principal contracts.--
       ``(i) In general.--Net income from notional principal 
     contracts.
       ``(ii) Coordination with other categories of foreign 
     personal holding company income.--Any item of income, gain, 
     deduction, or loss from a notional principal contract entered 
     into for purposes of hedging any item described in any 
     preceding subparagraph shall not be taken into account for 
     purposes of this subparagraph but shall be taken into account 
     under such other subparagraph.''.
       (19) Paragraph (1) of section 954(c) is amended by 
     redesignating subparagraph (I) as subparagraph (H).
       (20) Paragraph (33) of section 1016(a), as redesignated by 
     section 407(a)(1)(C), is amended by striking ``section 
     25C(e)'' and inserting ``section 25C(f)''.
       (21) Paragraph (36) of section 1016(a), as redesignated by 
     section 407(a)(1)(C), is amended by striking ``section 
     30C(f)'' and inserting ``section 30C(e)(1)''.
       (22) Subparagraph (G) of section 1260(c)(2) is amended by 
     adding ``and'' at the end.
       (23)(A) Section 1297 is amended by striking subsection (d) 
     and by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       (B) Subparagraph (G) of section 1260(c)(2) is amended by 
     striking ``subsection (e)'' and inserting ``subsection (d)''.
       (C) Subparagraph (B) of section 1298(a)(2) is amended by 
     striking ``Section 1297(e)'' and inserting ``Section 
     1297(d)''.
       (24) Paragraph (1) of section 1362(f) is amended--
       (A) by striking ``, section 1361(b)(3)(B)(ii), or section 
     1361(c)(1)(A)(ii)'' and inserting ``or section 
     1361(b)(3)(B)(ii)'', and
       (B) by striking ``, section 1361(b)(3)(C), or section 
     1361(c)(1)(D)(iii)'' in subparagraph (B) and inserting ``or 
     section 1361(b)(3)(C)''.
       (25) Paragraph (2) of section 1400O is amended by striking 
     ``under of'' and inserting ``under''.
       (26) The table of sections for part II of subchapter Y of 
     chapter 1 is amended by adding at the end the following new 
     item:

``Sec. 1400T. Special rules for mortgage revenue bonds.''.

       (27) Subsection (b) of section 4082 is amended to read as 
     follows:
       ``(b) Nontaxable Use.--For purposes of this section, the 
     term `nontaxable use' means--
       ``(1) any use which is exempt from the tax imposed by 
     section 4041(a)(1) other than by reason of a prior imposition 
     of tax,
       ``(2) any use in a train, and
       ``(3) any use described in section 4041(a)(1)(C)(iii)(II).

     The term `nontaxable use' does not include the use of 
     kerosene in an aircraft and such term shall not include any 
     use described in section 6421(e)(2)(C).''.
       (28) Paragraph (4) of section 4101(a) (relating to 
     registration in event of change of ownership) is redesignated 
     as paragraph (5).
       (29) Paragraph (6) of section 4965(c) is amended by 
     striking ``section 4457(e)(1)(A)'' and inserting ``section 
     457(e)(1)(A)''.
       (30) Subpart C of part II of subchapter A of chapter 51 is 
     amended by redesignating section 5432 (relating to 
     recordkeeping by wholesale dealers) as section 5121.
       (31) Paragraph (2) of section 5732(c), as redesignated by 
     section 11125(b)(20)(A) of the SAFETEA-LU, is amended by 
     striking ``this subpart'' and inserting ``this subchapter''.
       (32) Subsection (b) of section 6046 is amended--
       (A) by striking ``subsection (a)(1)'' and inserting 
     ``subsection (a)(1)(A)'', and
       (B) by striking ``paragraph (2) or (3) of subsection (a)'' 
     and inserting ``subparagraph (B) or (C) of subsection 
     (a)(1)''.
       (33)(A) Subparagraph (A) of section 6103(b)(5) is amended 
     by striking ``the Canal Zone,''.
       (B) Section 7651 is amended by striking paragraph (4) and 
     by redesignating paragraph (5) as paragraph (4).
       (34) Subparagraph (A) of section 6211(b)(4) is amended by 
     striking ``and 34'' and inserting ``34, and 35''.
       (35) Subparagraphs (A) and (B) of section 6230(a)(3) are 
     each amended by striking ``section 6013(e)'' and inserting 
     ``section 6015''.
       (36) Paragraph (3) of section 6427(e) (relating to 
     termination), as added by section 11113 of the SAFETEA-LU, is 
     redesignated as paragraph (5) and moved after paragraph (4).
       (37) Clause (ii) of section 6427(l)(4)(A) is amended by 
     striking ``section 4081(a)(2)(iii)'' and inserting ``section 
     4081(a)(2)(A)(iii)''.
       (38)(A) Section 6427, as amended by section 1343(b)(1) of 
     the Energy Policy Act of 2005, is amended by striking 
     subsection (p) (relating to gasohol used in noncommercial 
     aviation) and redesignating subsection (q) as subsection (p).
       (B) The Internal Revenue Code of 1986 shall be applied and 
     administered as if the amendments made by paragraph (2) of 
     section 11151(a) of the SAFETEA-LU had never been enacted.
       (39) Subsection (a) of section 6695A is amended by striking 
     ``then such person'' in paragraph (2) and inserting the 
     following:

     ``then such person''.
       (40) Subparagraph (C) of section 6707A(e)(2) is amended by 
     striking ``section 6662A(e)(2)(C)'' and inserting ``section 
     6662A(e)(2)(B)''.
       (41)(A) Paragraph (3) of section 9002 is amended by 
     striking ``section 309(a)(1)'' and inserting ``section 
     306(a)(1)''.
       (B) Paragraph (1) of section 9004(a) is amended by striking 
     ``section 320(b)(1)(B)'' and inserting ``section 
     315(b)(1)(B)''.
       (C) Paragraph (3) of section 9032 is amended by striking 
     ``section 309(a)(1)'' and inserting ``section 306(a)(1)''.
       (D) Subsection (b) of section 9034 is amended by striking 
     ``section 320(b)(1)(A)'' and inserting ``section 
     315(b)(1)(A)''.
       (42) Section 9006 is amended by striking ``Comptroller 
     General'' each place it appears and inserting ``Commission''.
       (43) Subsection (c) of section 9503 is amended by 
     redesignating paragraph (7) (relating to transfers from the 
     trust fund for certain aviation fuels taxes) as paragraph 
     (6).
       (44) Paragraph (1) of section 1301(g) of the Energy Policy 
     Act of 2005 is amended by striking ``shall take effect of the 
     date of the enactment'' and inserting ``shall take effect on 
     the date of the enactment''.
       (45) The Internal Revenue Code of 1986 shall be applied and 
     administered as if the amendments made by section 1(a) of 
     Public Law 109-433 had never been enacted.
       (b) Clerical Amendments Related to the Tax Relief and 
     Health Care Act of 2006.--
       (1) Amendment related to section 209 of division a of the 
     act.--Paragraph (3) of section 168(l) is amended by striking 
     ``enzymatic''.
       (2) Amendments related to section 419 of division a of the 
     act.--
       (A) Clause (iv) of section 6724(d)(1)(B) is amended by 
     inserting ``or (h)(1)'' after ``section 6050H(a)''.
       (B) Subparagraph (K) of section 6724(d)(2) is amended by 
     inserting ``or (h)(2)'' after ``section 6050H(d)''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the provision of the Tax 
     Relief and Health Care Act of 2006 to which they relate.
       (c) Clerical Amendments Related to the Gulf Opportunity 
     Zone Act of 2005.--
       (1) Amendments related to section 402 of the act.--
     Subparagraph (B) of section 24(d)(1) is amended--
       (A) by striking ``the excess (if any) of'' in the matter 
     preceding clause (i) and inserting ``the greater of'', and
       (B) by striking ``section'' in clause (ii)(II) and 
     inserting ``section 32''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the provisions of the 
     Gulf Opportunity Zone Act of 2005 to which they relate.
       (d) Clerical Amendments Related to the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users.--
       (1) Amendments related to section 11163 of the act.--
     Subparagraph (C) of section 6416(a)(4) is amended--
       (A) by striking ``ultimate vendor'' and all that follows 
     through ``has certified'' and inserting ``ultimate vendor or 
     credit card issuer has certified'', and
       (B) by striking ``all ultimate purchasers of the vendor'' 
     and all that follows through ``are certified'' and inserting 
     ``all ultimate purchasers of the vendor or credit card issuer 
     are certified''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the provisions of the 
     Safe, Accountable, Flexible, Efficient Transportation Equity 
     Act: A Legacy for Users to which they relate.
       (e) Clerical Amendments Related to the Energy Policy Act of 
     2005.--
       (1) Amendment related to section 1344 of the act.--
     Subparagraph (B) of section 6427(e)(5), as redesignated by 
     subsection (a)(36), is amended by striking ``2006'' and 
     inserting ``2008''.
       (2) Amendments related to section 1351 of the act.--
     Subparagraphs (A)(ii) and (B)(ii) of section 41(f)(1) are 
     each amended by striking ``qualified research expenses and 
     basic research

[[Page 23086]]

     payments'' and inserting ``qualified research expenses, basic 
     research payments, and amounts paid or incurred to energy 
     research consortiums,''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the provisions of the 
     Energy Policy Act of 2005 to which they relate.
       (f) Clerical Amendments Related to the American Jobs 
     Creation Act of 2004.--
       (1) Amendment related to section 301 of the act.--Section 
     9502 is amended by striking subsection (e) and redesignating 
     subsection (f) as subsection (e).
       (2) Amendment related to section 413 of the act.--
     Subsection (b) of section 1298 is amended by striking 
     paragraph (7) and by redesignating paragraphs (8) and (9) as 
     paragraphs (7) and (8), respectively.
       (3) Amendment related to section 895 of the act.--Clause 
     (iv) of section 904(f)(3)(D) is amended by striking ``a 
     controlled group'' and inserting ``an affiliated group''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which they relate.
       (g) Clerical Amendments Related to the FSC Repeal and 
     Extraterritorial Income Exclusion Act of 2000.--
       (1) Subclause (I) of section 56(g)(4)(C)(ii) is amended by 
     striking ``921'' and inserting ``921 (as in effect before its 
     repeal by the FSC Repeal and Extraterritorial Income 
     Exclusion Act of 2000)''.
       (2) Clause (iv) of section 54(g)(4)(C) is amended by 
     striking ``a cooperative described in section 927(a)(4)'' and 
     inserting ``an organization to which part I of subchapter T 
     (relating to tax treatment of cooperatives) applies which is 
     engaged in the marketing of agricultural or horticultural 
     products''.
       (3) Paragraph (4) of section 245(c) is amended by adding at 
     the end the following new subparagraph:
       ``(C) FSC.--The term `FSC' has the meaning given such term 
     by section 922.''.
       (4) Subsection (c) of section 245 is amended by inserting 
     at the end the following new paragraph:
       ``(5) References to prior law.--Any reference in this 
     subsection to section 922, 923, or 927 shall be treated as a 
     reference to such section as in effect before its repeal by 
     the FSC Repeal and Extraterritorial Income Exclusion Act of 
     2000.''.
       (5) Paragraph (4) of section 275(a) is amended by striking 
     ``if'' and all that follows and inserting ``if the taxpayer 
     chooses to take to any extent the benefits of section 901.''.
       (6)(A) Subsection (a) of section 291 is amended by striking 
     paragraph (4) and by redesignating paragraph (5) as paragraph 
     (4).
       (B) Paragraph (1) of section 291(c) is amended by striking 
     ``subsection (a)(5)'' and inserting ``subsection (a)(4)''.
       (7)(A) Paragraph (4) of section 441(b) is amended by 
     striking ``FSC or''.
       (B) Subsection (h) of section 441 is amended--
       (i) by striking ``FSC or'' each place it appears, and
       (ii) by striking ``FSC's and'' in the heading thereof.
       (8) Subparagraph (B) of section 884(d)(2) is amended by 
     inserting before the comma ``(as in effect before their 
     repeal by the FSC Repeal and Extraterritorial Income 
     Exclusion Act of 2000)''.
       (9) Section 901 is amended by striking subsection (h).
       (10) Clause (v) of section 904(d)(2)(B) is amended--
       (A) by inserting ``and'' at the end of subclause (I), by 
     striking subclause (II), and by redesignating subclause (III) 
     as subclause (II),
       (B) by striking ``a FSC (or a former FSC)'' in subclause 
     (II) (as so redesignated) and inserting ``a former FSC (as 
     defined in section 922)'', and
       (C) by adding at the end the following:
     ``Any reference in subclause (II) to section 922, 923, or 927 
     shall be treated as a reference to such section as in effect 
     before its repeal by the FSC Repeal and Extraterritorial 
     Income Exclusion Act of 2000.''.
       (11) Subsection (b) of section 906 is amended by striking 
     paragraph (5) and redesignating paragraphs (6) and (7) as 
     paragraphs (5) and (6), respectively.
       (12) Subparagraph (B) of section 936(f)(2) is amended by 
     striking ``FSC or''.
       (13) Section 951 is amended by striking subsection (c) and 
     by redesignating subsection (d) as subsection (c).
       (14) Subsection (b) of section 952 is amended by striking 
     the second sentence.
       (15)(A) Paragraph (2) of section 956(c) is amended--
       (i) by striking subparagraph (I) and by redesignating 
     subparagraphs (J) through (M) as subparagraphs (I) through 
     (L), respectively, and
       (ii) by striking ``subparagraphs (J), (K), and (L)'' in the 
     flush sentence at the end and inserting ``subparagraphs (I), 
     (J), and (K)''.
       (B) Clause (ii) of section 954(c)(2)(C) is amended by 
     striking ``section 956(c)(2)(J)'' and inserting ``section 
     956(c)(2)(I)''.
       (16) Paragraph (1) of section 992(a) is amended by striking 
     subparagraph (E), by inserting ``and'' at the end of 
     subparagraph (C), and by striking ``, and'' at the end of 
     subparagraph (D) and inserting a period.
       (17) Paragraph (5) of section 1248(d) is amended--
       (A) by inserting ``(as defined in section 922)'' after ``a 
     FSC'', and
       (B) by adding at the end the following new sentence: ``Any 
     reference in this paragraph to section 922, 923, or 927 shall 
     be treated as a reference to such section as in effect before 
     its repeal by the FSC Repeal and Extraterritorial Income 
     Exclusion Act of 2000.''.
       (18) Subparagraph (D) of section 1297(b)(2) is amended by 
     striking ``foreign trade income of a FSC or''.
       (19)(A) Paragraph (1) of section 6011(c) is amended by 
     striking ``or former DISC or a FSC or former FSC'' and 
     inserting ``, former DISC, or former FSC (as defined in 
     section 922 as in effect before its repeal by the FSC Repeal 
     and Extraterritorial Income Exclusion Act of 2000)''.
       (B) Subsection (c) of section 6011 is amended by striking 
     ``and FSC's'' in the heading thereof.
       (20) Subsection (c) of section 6072 is amended by striking 
     ``a FSC or former FSC'' and inserting ``a former FSC (as 
     defined in section 922 as in effect before its repeal by the 
     FSC Repeal and Extraterritorial Income Exclusion Act of 
     2000)''.
       (21) Section 6686 is amended by inserting ``FORMER'' before 
     ``FSC'' in the heading thereof.

  TITLE IV--PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH 
                                BENEFITS

     SEC. 401. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL 
                   HEALTH BENEFITS.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 9812(f)(3) of the Internal Revenue Code of 1986 is 
     amended by striking ``2007'' and inserting ``2008''.
       (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 striking ``2007'' and inserting ``2008''.
       (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 striking ``2007'' and inserting ``2008''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to benefits for services furnished after December 
     31, 2007.


              Motion Offered by Mr. Frank of Massachusetts

  The text of the motion is as follows:

       Mr. Frank of Massachusetts moves that the House concur in 
     the Senate amendment to the House amendment to the Senate 
     amendment with an amendment.

  The text of the House amendment to the Senate amendment to the House 
amendment to the Senate amendment is as follows:

       In lieu of the matter proposed to be inserted by the 
     amendment of the Senate to the amendment of the House to the 
     amendment of the Senate, insert the following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Emergency 
     Economic Stabilization Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Purposes.
Sec. 3. Definitions.

                TITLE I--TROUBLED ASSETS RELIEF PROGRAM

Sec. 101. Purchases of troubled assets.
Sec. 102. Insurance of troubled assets.
Sec. 103. Considerations.
Sec. 104. Financial Stability Oversight Board.
Sec. 105. Reports.
Sec. 106. Rights; management; sale of troubled assets; revenues and 
              sale proceeds.
Sec. 107. Contracting procedures.
Sec. 108. Conflicts of interest.
Sec. 109. Foreclosure mitigation efforts.
Sec. 110. Assistance to homeowners.
Sec. 111. Executive compensation and corporate governance.
Sec. 112. Coordination with foreign authorities and central banks.
Sec. 113. Minimization of long-term costs and maximization of benefits 
              for taxpayers.
Sec. 114. Market transparency.
Sec. 115. Graduated authorization to purchase.
Sec. 116. Oversight and audits.
Sec. 117. Study and report on margin authority.
Sec. 118. Funding.
Sec. 119. Judicial review and related matters.
Sec. 120. Termination of authority.
Sec. 121. Special Inspector General for the Troubled Asset Relief 
              Program.
Sec. 122. Increase in statutory limit on the public debt.
Sec. 123. Credit reform.
Sec. 124. HOPE for Homeowners amendments.
Sec. 125. Congressional Oversight Panel.
Sec. 126. FDIC authority.
Sec. 127. Cooperation with the FBI.
Sec. 128. Acceleration of effective date.
Sec. 129. Disclosures on exercise of loan authority.
Sec. 130. Technical corrections.
Sec. 131. Exchange Stabilization Fund reimbursement.
Sec. 132. Authority to suspend mark-to-market accounting.
Sec. 133. Study on mark-to-market accounting.
Sec. 134. Recoupment.
Sec. 135. Preservation of authority.

[[Page 23087]]

                  TITLE II--BUDGET-RELATED PROVISIONS

Sec. 201. Information for congressional support agencies.
Sec. 202. Reports by the Office of Management and Budget and the 
              Congressional Budget Office.
Sec. 203. Analysis in President's Budget.
Sec. 204. Emergency treatment.

                       TITLE III--TAX PROVISIONS

Sec. 301. Gain or loss from sale or exchange of certain preferred 
              stock.
Sec. 302. Special rules for tax treatment of executive compensation of 
              employers participating in the troubled assets relief 
              program.
Sec. 303. Extension of exclusion of income from discharge of qualified 
              principal residence indebtedness.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to immediately provide authority and facilities that 
     the Secretary of the Treasury can use to restore liquidity 
     and stability to the financial system of the United States; 
     and
       (2) to ensure that such authority and such facilities are 
     used in a manner that--
       (A) protects home values, college funds, retirement 
     accounts, and life savings;
       (B) preserves homeownership and promotes jobs and economic 
     growth;
       (C) maximizes overall returns to the taxpayers of the 
     United States; and
       (D) provides public accountability for the exercise of such 
     authority.

     SEC. 3. DEFINITIONS.

       For purposes of this Act, the following definitions shall 
     apply:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on the Budget, and 
     the Committee on Appropriations of the Senate; and
       (B) the Committee on Financial Services, the Committee on 
     Ways and Means, the Committee on the Budget, and the 
     Committee on Appropriations of the House of Representatives.
       (2) Board.--The term ``Board'' means the Board of Governors 
     of the Federal Reserve System.
       (3) Congressional support agencies.--The term 
     ``congressional support agencies'' means the Congressional 
     Budget Office and the Joint Committee on Taxation.
       (4) Corporation.--The term ``Corporation'' means the 
     Federal Deposit Insurance Corporation.
       (5) Financial institution.--The term ``financial 
     institution'' means any institution, including, but not 
     limited to, any bank, savings association, credit union, 
     security broker or dealer, or insurance company, established 
     and regulated under the laws of the United States or any 
     State, territory, or possession of the United States, the 
     District of Columbia, Commonwealth of Puerto Rico, 
     Commonwealth of Northern Mariana Islands, Guam, American 
     Samoa, or the United States Virgin Islands, and having 
     significant operations in the United States, but excluding 
     any central bank of, or institution owned by, a foreign 
     government.
       (6) Fund.--The term ``Fund'' means the Troubled Assets 
     Insurance Financing Fund established under section 102.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (8) TARP.--The term ``TARP'' means the Troubled Asset 
     Relief Program established under section 101.
       (9) Troubled assets.--The term ``troubled assets'' means--
       (A) residential or commercial mortgages and any securities, 
     obligations, or other instruments that are based on or 
     related to such mortgages, that in each case was originated 
     or issued on or before March 14, 2008, the purchase of which 
     the Secretary determines promotes financial market stability; 
     and
       (B) any other financial instrument that the Secretary, 
     after consultation with the Chairman of the Board of 
     Governors of the Federal Reserve System, determines the 
     purchase of which is necessary to promote financial market 
     stability, but only upon transmittal of such determination, 
     in writing, to the appropriate committees of Congress.

                TITLE I--TROUBLED ASSETS RELIEF PROGRAM

     SEC. 101. PURCHASES OF TROUBLED ASSETS.

       (a) Offices; Authority.--
       (1) Authority.--The Secretary is authorized to establish 
     the Troubled Asset Relief Program (or ``TARP'') to purchase, 
     and to make and fund commitments to purchase, troubled assets 
     from any financial institution, on such terms and conditions 
     as are determined by the Secretary, and in accordance with 
     this Act and the policies and procedures developed and 
     published by the Secretary.
       (2) Commencement of program.--Establishment of the policies 
     and procedures and other similar administrative requirements 
     imposed on the Secretary by this Act are not intended to 
     delay the commencement of the TARP.
       (3) Establishment of treasury office.--
       (A) In general.--The Secretary shall implement any program 
     under paragraph (1) through an Office of Financial Stability, 
     established for such purpose within the Office of Domestic 
     Finance of the Department of the Treasury, which office shall 
     be headed by an Assistant Secretary of the Treasury, 
     appointed by the President, by and with the advice and 
     consent of the Senate, except that an interim Assistant 
     Secretary may be appointed by the Secretary.
       (B) Clerical amendments.--
       (i) Title 5.--Section 5315 of title 5, United States Code, 
     is amended in the item relating to Assistant Secretaries of 
     the Treasury, by striking ``(9)'' and inserting ``(10)''.
       (ii) Title 31.--Section 301(e) of title 31, United States 
     Code, is amended by striking ``9'' and inserting ``10''.
       (b) Consultation.--In exercising the authority under this 
     section, the Secretary shall consult with the Board, the 
     Corporation, the Comptroller of the Currency, the Director of 
     the Office of Thrift Supervision, and the Secretary of 
     Housing and Urban Development.
       (c) Necessary Actions.--The Secretary is authorized to take 
     such actions as the Secretary deems necessary to carry out 
     the authorities in this Act, including, without limitation, 
     the following:
       (1) The Secretary shall have direct hiring authority with 
     respect to the appointment of employees to administer this 
     Act.
       (2) Entering into contracts, including contracts for 
     services authorized by section 3109 of title 5, United States 
     Code.
       (3) Designating financial institutions as financial agents 
     of the Federal Government, and such institutions shall 
     perform all such reasonable duties related to this Act as 
     financial agents of the Federal Government as may be 
     required.
       (4) In order to provide the Secretary with the flexibility 
     to manage troubled assets in a manner designed to minimize 
     cost to the taxpayers, establishing vehicles that are 
     authorized, subject to supervision by the Secretary, to 
     purchase, hold, and sell troubled assets and issue 
     obligations.
       (5) Issuing such regulations and other guidance as may be 
     necessary or appropriate to define terms or carry out the 
     authorities or purposes of this Act.
       (d) Program Guidelines.--Before the earlier of the end of 
     the 2-business-day period beginning on the date of the first 
     purchase of troubled assets pursuant to the authority under 
     this section or the end of the 45-day period beginning on the 
     date of enactment of this Act, the Secretary shall publish 
     program guidelines, including the following:
       (1) Mechanisms for purchasing troubled assets.
       (2) Methods for pricing and valuing troubled assets.
       (3) Procedures for selecting asset managers.
       (4) Criteria for identifying troubled assets for purchase.
       (e) Preventing Unjust Enrichment.--In making purchases 
     under the authority of this Act, the Secretary shall take 
     such steps as may be necessary to prevent unjust enrichment 
     of financial institutions participating in a program 
     established under this section, including by preventing the 
     sale of a troubled asset to the Secretary at a higher price 
     than what the seller paid to purchase the asset. This 
     subsection does not apply to troubled assets acquired in a 
     merger or acquisition, or a purchase of assets from a 
     financial institution in conservatorship or receivership, or 
     that has initiated bankruptcy proceedings under title 11, 
     United States Code.

     SEC. 102. INSURANCE OF TROUBLED ASSETS.

       (a) Authority.--
       (1) In general.--If the Secretary establishes the program 
     authorized under section 101, then the Secretary shall 
     establish a program to guarantee troubled assets originated 
     or issued prior to March 14, 2008, including mortgage-backed 
     securities.
       (2) Guarantees.--In establishing any program under this 
     subsection, the Secretary may develop guarantees of troubled 
     assets and the associated premiums for such guarantees. Such 
     guarantees and premiums may be determined by category or 
     class of the troubled assets to be guaranteed.
       (3) Extent of guarantee.--Upon request of a financial 
     institution, the Secretary may guarantee the timely payment 
     of principal of, and interest on, troubled assets in amounts 
     not to exceed 100 percent of such payments. Such guarantee 
     may be on such terms and conditions as are determined by the 
     Secretary, provided that such terms and conditions are 
     consistent with the purposes of this Act.
       (b) Reports.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall report to the 
     appropriate committees of Congress on the program established 
     under subsection (a).
       (c) Premiums.--
       (1) In general.--The Secretary shall collect premiums from 
     any financial institution participating in the program 
     established under subsection (a). Such premiums shall be in 
     an amount that the Secretary determines necessary to meet the 
     purposes of this Act and to provide sufficient reserves 
     pursuant to paragraph (3).

[[Page 23088]]

       (2) Authority to base premiums on product risk.--In 
     establishing any premium under paragraph (1), the Secretary 
     may provide for variations in such rates according to the 
     credit risk associated with the particular troubled asset 
     that is being guaranteed. The Secretary shall publish the 
     methodology for setting the premium for a class of troubled 
     assets together with an explanation of the appropriateness of 
     the class of assets for participation in the program 
     established under this section. The methodology shall ensure 
     that the premium is consistent with paragraph (3).
       (3) Minimum level.--The premiums referred to in paragraph 
     (1) shall be set by the Secretary at a level necessary to 
     create reserves sufficient to meet anticipated claims, based 
     on an actuarial analysis, and to ensure that taxpayers are 
     fully protected.
       (4) Adjustment to purchase authority.--The purchase 
     authority limit in section 115 shall be reduced by an amount 
     equal to the difference between the total of the outstanding 
     guaranteed obligations and the balance in the Troubled Assets 
     Insurance Financing Fund.
       (d) Troubled Assets Insurance Financing Fund.--
       (1) Deposits.--The Secretary shall deposit fees collected 
     under this section into the Fund established under paragraph 
     (2).
       (2) Establishment.--There is established a Troubled Assets 
     Insurance Financing Fund that shall consist of the amounts 
     collected pursuant to paragraph (1), and any balance in such 
     fund shall be invested by the Secretary in United States 
     Treasury securities, or kept in cash on hand or on deposit, 
     as necessary.
       (3) Payments from fund.--The Secretary shall make payments 
     from amounts deposited in the Fund to fulfill obligations of 
     the guarantees provided to financial institutions under 
     subsection (a).

     SEC. 103. CONSIDERATIONS.

       In exercising the authorities granted in this Act, the 
     Secretary shall take into consideration--
       (1) protecting the interests of taxpayers by maximizing 
     overall returns and minimizing the impact on the national 
     debt;
       (2) providing stability and preventing disruption to 
     financial markets in order to limit the impact on the economy 
     and protect American jobs, savings, and retirement security;
       (3) the need to help families keep their homes and to 
     stabilize communities;
       (4) in determining whether to engage in a direct purchase 
     from an individual financial institution, the long-term 
     viability of the financial institution in determining whether 
     the purchase represents the most efficient use of funds under 
     this Act;
       (5) ensuring that all financial institutions are eligible 
     to participate in the program, without discrimination based 
     on size, geography, form of organization, or the size, type, 
     and number of assets eligible for purchase under this Act;
       (6) providing financial assistance to financial 
     institutions, including those serving low- and moderate-
     income populations and other underserved communities, and 
     that have assets less than $1,000,000,000, that were well or 
     adequately capitalized as of June 30, 2008, and that as a 
     result of the devaluation of the preferred government-
     sponsored enterprises stock will drop one or more capital 
     levels, in a manner sufficient to restore the financial 
     institutions to at least an adequately capitalized level;
       (7) the need to ensure stability for United States public 
     instrumentalities, such as counties and cities, that may have 
     suffered significant increased costs or losses in the current 
     market turmoil;
       (8) protecting the retirement security of Americans by 
     purchasing troubled assets held by or on behalf of an 
     eligible retirement plan described in clause (iii), (iv), 
     (v), or (vi) of section 402(c)(8)(B) of the Internal Revenue 
     Code of 1986, except that such authority shall not extend to 
     any compensation arrangements subject to section 409A of such 
     Code; and
       (9) the utility of purchasing other real estate owned and 
     instruments backed by mortgages on multifamily properties.

     SEC. 104. FINANCIAL STABILITY OVERSIGHT BOARD.

       (a) Establishment.--There is established the Financial 
     Stability Oversight Board, which shall be responsible for--
       (1) reviewing the exercise of authority under a program 
     developed in accordance with this Act, including--
       (A) policies implemented by the Secretary and the Office of 
     Financial Stability created under sections 101 and 102, 
     including the appointment of financial agents, the 
     designation of asset classes to be purchased, and plans for 
     the structure of vehicles used to purchase troubled assets; 
     and
       (B) the effect of such actions in assisting American 
     families in preserving home ownership, stabilizing financial 
     markets, and protecting taxpayers;
       (2) making recommendations, as appropriate, to the 
     Secretary regarding use of the authority under this Act; and
       (3) reporting any suspected fraud, misrepresentation, or 
     malfeasance to the Special Inspector General for the Troubled 
     Assets Relief Program or the Attorney General of the United 
     States, consistent with section 535(b) of title 28, United 
     States Code.
       (b) Membership.--The Financial Stability Oversight Board 
     shall be comprised of--
       (1) the Chairman of the Board of Governors of the Federal 
     Reserve System;
       (2) the Secretary;
       (3) the Director of the Federal Housing Finance Agency;
       (4) the Chairman of the Securities Exchange Commission; and
       (5) the Secretary of Housing and Urban Development.
       (c) Chairperson.--The chairperson of the Financial 
     Stability Oversight Board shall be elected by the members of 
     the Board from among the members other than the Secretary.
       (d) Meetings.--The Financial Stability Oversight Board 
     shall meet 2 weeks after the first exercise of the purchase 
     authority of the Secretary under this Act, and monthly 
     thereafter.
       (e) Additional Authorities.--In addition to the 
     responsibilities described in subsection (a), the Financial 
     Stability Oversight Board shall have the authority to ensure 
     that the policies implemented by the Secretary are--
       (1) in accordance with the purposes of this Act;
       (2) in the economic interests of the United States; and
       (3) consistent with protecting taxpayers, in accordance 
     with section 113(a).
       (f) Credit Review Committee.--The Financial Stability 
     Oversight Board may appoint a credit review committee for the 
     purpose of evaluating the exercise of the purchase authority 
     provided under this Act and the assets acquired through the 
     exercise of such authority, as the Financial Stability 
     Oversight Board determines appropriate.
       (g) Reports.--The Financial Stability Oversight Board shall 
     report to the appropriate committees of Congress and the 
     Congressional Oversight Panel established under section 125, 
     not less frequently than quarterly, on the matters described 
     under subsection (a)(1).
       (h) Termination.--The Financial Stability Oversight Board, 
     and its authority under this section, shall terminate on the 
     expiration of the 15-day period beginning upon the later of--
       (1) the date that the last troubled asset acquired by the 
     Secretary under section 101 has been sold or transferred out 
     of the ownership or control of the Federal Government; or
       (2) the date of expiration of the last insurance contract 
     issued under section 102.

     SEC. 105. REPORTS.

       (a) In General.--Before the expiration of the 60-day period 
     beginning on the date of the first exercise of the authority 
     granted in section 101(a), or of the first exercise of the 
     authority granted in section 102, whichever occurs first, and 
     every 30-day period thereafter, the Secretary shall report to 
     the appropriate committees of Congress, with respect to each 
     such period--
       (1) an overview of actions taken by the Secretary, 
     including the considerations required by section 103 and the 
     efforts under section 109;
       (2) the actual obligation and expenditure of the funds 
     provided for administrative expenses by section 118 during 
     such period and the expected expenditure of such funds in the 
     subsequent period; and
       (3) a detailed financial statement with respect to the 
     exercise of authority under this Act, including--
       (A) all agreements made or renewed;
       (B) all insurance contracts entered into pursuant to 
     section 102;
       (C) all transactions occurring during such period, 
     including the types of parties involved;
       (D) the nature of the assets purchased;
       (E) all projected costs and liabilities;
       (F) operating expenses, including compensation for 
     financial agents;
       (G) the valuation or pricing method used for each 
     transaction; and
       (H) a description of the vehicles established to exercise 
     such authority.
       (b) Tranche Reports to Congress.--
       (1) Reports.--The Secretary shall provide to the 
     appropriate committees of Congress, at the times specified in 
     paragraph (2), a written report, including--
       (A) a description of all of the transactions made during 
     the reporting period;
       (B) a description of the pricing mechanism for the 
     transactions;
       (C) a justification of the price paid for and other 
     financial terms associated with the transactions;
       (D) a description of the impact of the exercise of such 
     authority on the financial system, supported, to the extent 
     possible, by specific data;
       (E) a description of challenges that remain in the 
     financial system, including any benchmarks yet to be 
     achieved; and
       (F) an estimate of additional actions under the authority 
     provided under this Act that may be necessary to address such 
     challenges.
       (2) Timing.--The report required by this subsection shall 
     be submitted not later than 7 days after the date on which 
     commitments to purchase troubled assets under the authorities 
     provided in this Act first reach an aggregate of 
     $50,000,000,000 and not later than 7 days after each 
     $50,000,000,000 interval of such commitments is reached 
     thereafter.

[[Page 23089]]

       (c) Regulatory Modernization Report.--The Secretary shall 
     review the current state of the financial markets and the 
     regulatory system and submit a written report to the 
     appropriate committees of Congress not later than April 30, 
     2009, analyzing the current state of the regulatory system 
     and its effectiveness at overseeing the participants in the 
     financial markets, including the over-the-counter swaps 
     market and government-sponsored enterprises, and providing 
     recommendations for improvement, including--
       (1) recommendations regarding--
       (A) whether any participants in the financial markets that 
     are currently outside the regulatory system should become 
     subject to the regulatory system; and
       (B) enhancement of the clearing and settlement of over-the-
     counter swaps; and
       (2) the rationale underlying such recommendations.
       (d) Sharing of Information.--Any report required under this 
     section shall also be submitted to the Congressional 
     Oversight Panel established under section 125.
       (e) Sunset.--The reporting requirements under this section 
     shall terminate on the later of--
       (1) the date that the last troubled asset acquired by the 
     Secretary under section 101 has been sold or transferred out 
     of the ownership or control of the Federal Government; or
       (2) the date of expiration of the last insurance contract 
     issued under section 102.

     SEC. 106. RIGHTS; MANAGEMENT; SALE OF TROUBLED ASSETS; 
                   REVENUES AND SALE PROCEEDS.

       (a) Exercise of Rights.--The Secretary may, at any time, 
     exercise any rights received in connection with troubled 
     assets purchased under this Act.
       (b) Management of Troubled Assets.--The Secretary shall 
     have authority to manage troubled assets purchased under this 
     Act, including revenues and portfolio risks therefrom.
       (c) Sale of Troubled Assets.--The Secretary may, at any 
     time, upon terms and conditions and at a price determined by 
     the Secretary, sell, or enter into securities loans, 
     repurchase transactions, or other financial transactions in 
     regard to, any troubled asset purchased under this Act.
       (d) Transfer to Treasury.--Revenues of, and proceeds from 
     the sale of troubled assets purchased under this Act, or from 
     the sale, exercise, or surrender of warrants or senior debt 
     instruments acquired under section 113 shall be paid into the 
     general fund of the Treasury for reduction of the public 
     debt.
       (e) Application of Sunset to Troubled Assets.--The 
     authority of the Secretary to hold any troubled asset 
     purchased under this Act before the termination date in 
     section 120, or to purchase or fund the purchase of a 
     troubled asset under a commitment entered into before the 
     termination date in section 120, is not subject to the 
     provisions of section 120.

     SEC. 107. CONTRACTING PROCEDURES.

       (a) Streamlined Process.--For purposes of this Act, the 
     Secretary may waive specific provisions of the Federal 
     Acquisition Regulation upon a determination that urgent and 
     compelling circumstances make compliance with such provisions 
     contrary to the public interest. Any such determination, and 
     the justification for such determination, shall be submitted 
     to the Committees on Oversight and Government Reform and 
     Financial Services of the House of Representatives and the 
     Committees on Homeland Security and Governmental Affairs and 
     Banking, Housing, and Urban Affairs of the Senate within 7 
     days.
       (b) Additional Contracting Requirements.--In any 
     solicitation or contract where the Secretary has, pursuant to 
     subsection (a), waived any provision of the Federal 
     Acquisition Regulation pertaining to minority contracting, 
     the Secretary shall develop and implement standards and 
     procedures to ensure, to the maximum extent practicable, the 
     inclusion and utilization of minorities (as such term is 
     defined in section 1204(c) of the Financial Institutions 
     Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1811 
     note)) and women, and minority- and women-owned businesses 
     (as such terms are defined in section 21A(r)(4) of the 
     Federal Home Loan Bank Act (12 U.S.C. 1441a(r)(4)), in that 
     solicitation or contract, including contracts to asset 
     managers, servicers, property managers, and other service 
     providers or expert consultants.
       (c) Eligibility of FDIC.--Notwithstanding subsections (a) 
     and (b), the Corporation--
       (1) shall be eligible for, and shall be considered in, the 
     selection of asset managers for residential mortgage loans 
     and residential mortgage-backed securities; and
       (2) shall be reimbursed by the Secretary for any services 
     provided.

     SEC. 108. CONFLICTS OF INTEREST.

       (a) Standards Required.--The Secretary shall issue 
     regulations or guidelines necessary to address and manage or 
     to prohibit conflicts of interest that may arise in 
     connection with the administration and execution of the 
     authorities provided under this Act, including--
       (1) conflicts arising in the selection or hiring of 
     contractors or advisors, including asset managers;
       (2) the purchase of troubled assets;
       (3) the management of the troubled assets held;
       (4) post-employment restrictions on employees; and
       (5) any other potential conflict of interest, as the 
     Secretary deems necessary or appropriate in the public 
     interest.
       (b) Timing.--Regulations or guidelines required by this 
     section shall be issued as soon as practicable after the date 
     of enactment of this Act.

     SEC. 109. FORECLOSURE MITIGATION EFFORTS.

       (a) Residential Mortgage Loan Servicing Standards.--To the 
     extent that the Secretary acquires mortgages, mortgage backed 
     securities, and other assets secured by residential real 
     estate, including multifamily housing, the Secretary shall 
     implement a plan that seeks to maximize assistance for 
     homeowners and use the authority of the Secretary to 
     encourage the servicers of the underlying mortgages, 
     considering net present value to the taxpayer, to take 
     advantage of the HOPE for Homeowners Program under section 
     257 of the National Housing Act or other available programs 
     to minimize foreclosures. In addition, the Secretary may use 
     loan guarantees and credit enhancements to facilitate loan 
     modifications to prevent avoidable foreclosures.
       (b) Coordination.--The Secretary shall coordinate with the 
     Corporation, the Board (with respect to any mortgage or 
     mortgage-backed securities or pool of securities held, owned, 
     or controlled by or on behalf of a Federal reserve bank, as 
     provided in section 110(a)(1)(C)), the Federal Housing 
     Finance Agency, the Secretary of Housing and Urban 
     Development, and other Federal Government entities that hold 
     troubled assets to attempt to identify opportunities for the 
     acquisition of classes of troubled assets that will improve 
     the ability of the Secretary to improve the loan modification 
     and restructuring process and, where permissible, to permit 
     bona fide tenants who are current on their rent to remain in 
     their homes under the terms of the lease. In the case of a 
     mortgage on a residential rental property, the plan required 
     under this section shall include protecting Federal, State, 
     and local rental subsidies and protections, and ensuring any 
     modification takes into account the need for operating funds 
     to maintain decent and safe conditions at the property.
       (c) Consent to Reasonable Loan Modification Requests.--Upon 
     any request arising under existing investment contracts, the 
     Secretary shall consent, where appropriate, and considering 
     net present value to the taxpayer, to reasonable requests for 
     loss mitigation measures, including term extensions, rate 
     reductions, principal write downs, increases in the 
     proportion of loans within a trust or other structure allowed 
     to be modified, or removal of other limitation on 
     modifications.

     SEC. 110. ASSISTANCE TO HOMEOWNERS.

       (a) Definitions.--As used in this section--
       (1) the term ``Federal property manager'' means--
       (A) the Federal Housing Finance Agency, in its capacity as 
     conservator of the Federal National Mortgage Association and 
     the Federal Home Loan Mortgage Corporation;
       (B) the Corporation, with respect to residential mortgage 
     loans and mortgage-backed securities held by any bridge 
     depository institution pursuant to section 11(n) of the 
     Federal Deposit Insurance Act; and
       (C) the Board, with respect to any mortgage or mortgage-
     backed securities or pool of securities held, owned, or 
     controlled by or on behalf of a Federal reserve bank, other 
     than mortgages or securities held, owned, or controlled in 
     connection with open market operations under section 14 of 
     the Federal Reserve Act (12 U.S.C. 353), or as collateral for 
     an advance or discount that is not in default;
       (2) the term ``consumer'' has the same meaning as in 
     section 103 of the Truth in Lending Act (15 U.S.C. 1602);
       (3) the term ``insured depository institution'' has the 
     same meaning as in section 3 of the Federal Deposit Insurance 
     Act (12 U.S.C. 1813); and
       (4) the term ``servicer'' has the same meaning as in 
     section 6(i)(2) of the Real Estate Settlement Procedures Act 
     of 1974 (12 U.S.C. 2605(i)(2)).
       (b) Homeowner Assistance by Agencies.--
       (1) In general.--To the extent that the Federal property 
     manager holds, owns, or controls mortgages, mortgage backed 
     securities, and other assets secured by residential real 
     estate, including multifamily housing, the Federal property 
     manager shall implement a plan that seeks to maximize 
     assistance for homeowners and use its authority to encourage 
     the servicers of the underlying mortgages, and considering 
     net present value to the taxpayer, to take advantage of the 
     HOPE for Homeowners Program under section 257 of the National 
     Housing Act or other available programs to minimize 
     foreclosures.
       (2) Modifications.--In the case of a residential mortgage 
     loan, modifications made under paragraph (1) may include--
       (A) reduction in interest rates;
       (B) reduction of loan principal; and
       (C) other similar modifications.
       (3) Tenant protections.--In the case of mortgages on 
     residential rental properties, modifications made under 
     paragraph (1) shall ensure--
       (A) the continuation of any existing Federal, State, and 
     local rental subsidies and protections; and

[[Page 23090]]

       (B) that modifications take into account the need for 
     operating funds to maintain decent and safe conditions at the 
     property.
       (4) Timing.--Each Federal property manager shall develop 
     and begin implementation of the plan required by this 
     subsection not later than 60 days after the date of enactment 
     of this Act.
       (5) Reports to congress.--Each Federal property manager 
     shall, 60 days after the date of enactment of this Act and 
     every 30 days thereafter, report to Congress specific 
     information on the number and types of loan modifications 
     made and the number of actual foreclosures occurring during 
     the reporting period in accordance with this section.
       (6) Consultation.--In developing the plan required by this 
     subsection, the Federal property managers shall consult with 
     one another and, to the extent possible, utilize consistent 
     approaches to implement the requirements of this subsection.
       (c) Actions With Respect to Servicers.--In any case in 
     which a Federal property manager is not the owner of a 
     residential mortgage loan, but holds an interest in 
     obligations or pools of obligations secured by residential 
     mortgage loans, the Federal property manager shall--
       (1) encourage implementation by the loan servicers of loan 
     modifications developed under subsection (b); and
       (2) assist in facilitating any such modifications, to the 
     extent possible.
       (d) Limitation.--The requirements of this section shall not 
     supersede any other duty or requirement imposed on the 
     Federal property managers under otherwise applicable law.

     SEC. 111. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE.

       (a) Applicability.--Any financial institution that sells 
     troubled assets to the Secretary under this Act shall be 
     subject to the executive compensation requirements of 
     subsections (b) and (c) and the provisions under the Internal 
     Revenue Code of 1986, as provided under the amendment by 
     section 302, as applicable.
       (b) Direct Purchases.--
       (1) In general.--Where the Secretary determines that the 
     purposes of this Act are best met through direct purchases of 
     troubled assets from an individual financial institution 
     where no bidding process or market prices are available, and 
     the Secretary receives a meaningful equity or debt position 
     in the financial institution as a result of the transaction, 
     the Secretary shall require that the financial institution 
     meet appropriate standards for executive compensation and 
     corporate governance. The standards required under this 
     subsection shall be effective for the duration of the period 
     that the Secretary holds an equity or debt position in the 
     financial institution.
       (2) Criteria.--The standards required under this subsection 
     shall include--
       (A) limits on compensation that exclude incentives for 
     senior executive officers of a financial institution to take 
     unnecessary and excessive risks that threaten the value of 
     the financial institution during the period that the 
     Secretary holds an equity or debt position in the financial 
     institution;
       (B) a provision for the recovery by the financial 
     institution of any bonus or incentive compensation paid to a 
     senior executive officer based on statements of earnings, 
     gains, or other criteria that are later proven to be 
     materially inaccurate; and
       (C) a prohibition on the financial institution making any 
     golden parachute payment to its senior executive officer 
     during the period that the Secretary holds an equity or debt 
     position in the financial institution.
       (3) Definition.--For purposes of this section, the term 
     ``senior executive officer'' means an individual who is one 
     of the top 5 highly paid executives of a public company, 
     whose compensation is required to be disclosed pursuant to 
     the Securities Exchange Act of 1934, and any regulations 
     issued thereunder, and non-public company counterparts.
       (c) Auction Purchases.--Where the Secretary determines that 
     the purposes of this Act are best met through auction 
     purchases of troubled assets, and only where such purchases 
     per financial institution in the aggregate exceed 
     $300,000,000 (including direct purchases), the Secretary 
     shall prohibit, for such financial institution, any new 
     employment contract with a senior executive officer that 
     provides a golden parachute in the event of an involuntary 
     termination, bankruptcy filing, insolvency, or receivership. 
     The Secretary shall issue guidance to carry out this 
     paragraph not later than 2 months after the date of enactment 
     of this Act, and such guidance shall be effective upon 
     issuance.
       (d) Sunset.--The provisions of subsection (c) shall apply 
     only to arrangements entered into during the period during 
     which the authorities under section 101(a) are in effect, as 
     determined under section 120.

     SEC. 112. COORDINATION WITH FOREIGN AUTHORITIES AND CENTRAL 
                   BANKS.

       The Secretary shall coordinate, as appropriate, with 
     foreign financial authorities and central banks to work 
     toward the establishment of similar programs by such 
     authorities and central banks. To the extent that such 
     foreign financial authorities or banks hold troubled assets 
     as a result of extending financing to financial institutions 
     that have failed or defaulted on such financing, such 
     troubled assets qualify for purchase under section 101.

     SEC. 113. MINIMIZATION OF LONG-TERM COSTS AND MAXIMIZATION OF 
                   BENEFITS FOR TAXPAYERS.

       (a) Long-Term Costs and Benefits.--
       (1) Minimizing negative impact.--The Secretary shall use 
     the authority under this Act in a manner that will minimize 
     any potential long-term negative impact on the taxpayer, 
     taking into account the direct outlays, potential long-term 
     returns on assets purchased, and the overall economic 
     benefits of the program, including economic benefits due to 
     improvements in economic activity and the availability of 
     credit, the impact on the savings and pensions of 
     individuals, and reductions in losses to the Federal 
     Government.
       (2) Authority.--In carrying out paragraph (1), the 
     Secretary shall--
       (A) hold the assets to maturity or for resale for and until 
     such time as the Secretary determines that the market is 
     optimal for selling such assets, in order to maximize the 
     value for taxpayers; and
       (B) sell such assets at a price that the Secretary 
     determines, based on available financial analysis, will 
     maximize return on investment for the Federal Government.
       (3) Private sector participation.--The Secretary shall 
     encourage the private sector to participate in purchases of 
     troubled assets, and to invest in financial institutions, 
     consistent with the provisions of this section.
       (b) Use of Market Mechanisms.--In making purchases under 
     this Act, the Secretary shall--
       (1) make such purchases at the lowest price that the 
     Secretary determines to be consistent with the purposes of 
     this Act; and
       (2) maximize the efficiency of the use of taxpayer 
     resources by using market mechanisms, including auctions or 
     reverse auctions, where appropriate.
       (c) Direct Purchases.--If the Secretary determines that use 
     of a market mechanism under subsection (b) is not feasible or 
     appropriate, and the purposes of the Act are best met through 
     direct purchases from an individual financial institution, 
     the Secretary shall pursue additional measures to ensure that 
     prices paid for assets are reasonable and reflect the 
     underlying value of the asset.
       (d) Conditions on Purchase Authority for Warrants and Debt 
     Instruments.--
       (1) In general.--The Secretary may not purchase, or make 
     any commitment to purchase, any troubled asset under the 
     authority of this Act, unless the Secretary receives from the 
     financial institution from which such assets are to be 
     purchased--
       (A) in the case of a financial institution, the securities 
     of which are traded on a national securities exchange, a 
     warrant giving the right to the Secretary to receive 
     nonvoting common stock or preferred stock in such financial 
     institution, or voting stock with respect to which, the 
     Secretary agrees not to exercise voting power, as the 
     Secretary determines appropriate; or
       (B) in the case of any financial institution other than one 
     described in subparagraph (A), a warrant for common or 
     preferred stock, or a senior debt instrument from such 
     financial institution, as described in paragraph (2)(C).
       (2) Terms and conditions.--The terms and conditions of any 
     warrant or senior debt instrument required under paragraph 
     (1) shall meet the following requirements:
       (A) Purposes.--Such terms and conditions shall, at a 
     minimum, be designed--
       (i) to provide for reasonable participation by the 
     Secretary, for the benefit of taxpayers, in equity 
     appreciation in the case of a warrant or other equity 
     security, or a reasonable interest rate premium, in the case 
     of a debt instrument; and
       (ii) to provide additional protection for the taxpayer 
     against losses from sale of assets by the Secretary under 
     this Act and the administrative expenses of the TARP.
       (B) Authority to sell, exercise, or surrender.--The 
     Secretary may sell, exercise, or surrender a warrant or any 
     senior debt instrument received under this subsection, based 
     on the conditions established under subparagraph (A).
       (C) Conversion.--The warrant shall provide that if, after 
     the warrant is received by the Secretary under this 
     subsection, the financial institution that issued the warrant 
     is no longer listed or traded on a national securities 
     exchange or securities association, as described in paragraph 
     (1)(A), such warrants shall convert to senior debt, or 
     contain appropriate protections for the Secretary to ensure 
     that the Treasury is appropriately compensated for the value 
     of the warrant, in an amount determined by the Secretary.
       (D) Protections.--Any warrant representing securities to be 
     received by the Secretary under this subsection shall contain 
     anti-dilution provisions of the type employed in capital 
     market transactions, as determined by the Secretary. Such 
     provisions shall protect the value of the securities from 
     market transactions such as stock splits, stock 
     distributions, dividends, and other distributions, mergers, 
     and other forms of reorganization or recapitalization.

[[Page 23091]]

       (E) Exercise price.--The exercise price for any warrant 
     issued pursuant to this subsection shall be set by the 
     Secretary, in the interest of the taxpayers.
       (F) Sufficiency.--The financial institution shall guarantee 
     to the Secretary that it has authorized shares of nonvoting 
     stock available to fulfill its obligations under this 
     subsection. Should the financial institution not have 
     sufficient authorized shares, including preferred shares that 
     may carry dividend rights equal to a multiple number of 
     common shares, the Secretary may, to the extent necessary, 
     accept a senior debt note in an amount, and on such terms as 
     will compensate the Secretary with equivalent value, in the 
     event that a sufficient shareholder vote to authorize the 
     necessary additional shares cannot be obtained.
       (3) Exceptions.--
       (A) De minimis.--The Secretary shall establish de minimis 
     exceptions to the requirements of this subsection, based on 
     the size of the cumulative transactions of troubled assets 
     purchased from any one financial institution for the duration 
     of the program, at not more than $100,000,000.
       (B) Other exceptions.--The Secretary shall establish an 
     exception to the requirements of this subsection and 
     appropriate alternative requirements for any participating 
     financial institution that is legally prohibited from issuing 
     securities and debt instruments, so as not to allow 
     circumvention of the requirements of this section.

     SEC. 114. MARKET TRANSPARENCY.

       (a) Pricing.--To facilitate market transparency, the 
     Secretary shall make available to the public, in electronic 
     form, a description, amounts, and pricing of assets acquired 
     under this Act, within 2 business days of purchase, trade, or 
     other disposition.
       (b) Disclosure.--For each type of financial institutions 
     that sells troubled assets to the Secretary under this Act, 
     the Secretary shall determine whether the public disclosure 
     required for such financial institutions with respect to off-
     balance sheet transactions, derivatives instruments, 
     contingent liabilities, and similar sources of potential 
     exposure is adequate to provide to the public sufficient 
     information as to the true financial position of the 
     institutions. If such disclosure is not adequate for that 
     purpose, the Secretary shall make recommendations for 
     additional disclosure requirements to the relevant 
     regulators.

     SEC. 115. GRADUATED AUTHORIZATION TO PURCHASE.

       (a) Authority.--The authority of the Secretary to purchase 
     troubled assets under this Act shall be limited as follows:
       (1) Effective upon the date of enactment of this Act, such 
     authority shall be limited to $250,000,000,000 outstanding at 
     any one time.
       (2) If at any time, the President submits to the Congress a 
     written certification that the Secretary needs to exercise 
     the authority under this paragraph, effective upon such 
     submission, such authority shall be limited to 
     $350,000,000,000 outstanding at any one time.
       (3) If, at any time after the certification in paragraph 
     (2) has been made, the President transmits to the Congress a 
     written report detailing the plan of the Secretary to 
     exercise the authority under this paragraph, unless there is 
     enacted, within 15 calendar days of such transmission, a 
     joint resolution described in subsection (c), effective upon 
     the expiration of such 15-day period, such authority shall be 
     limited to $700,000,000,000 outstanding at any one time.
       (b) Aggregation of Purchase Prices.--The amount of troubled 
     assets purchased by the Secretary outstanding at any one time 
     shall be determined for purposes of the dollar amount 
     limitations under subsection (a) by aggregating the purchase 
     prices of all troubled assets held.
       (c) Joint Resolution of Disapproval.--
       (1) In general.--Notwithstanding any other provision of 
     this section, the Secretary may not exercise any authority to 
     make purchases under this Act with regard to any amount in 
     excess of $350,000,000,000 previously obligated, as described 
     in this section if, within 15 calendar days after the date on 
     which Congress receives a report of the plan of the Secretary 
     described in subsection (a)(3), there is enacted into law a 
     joint resolution disapproving the plan of the Secretary with 
     respect to such additional amount.
       (2) Contents of joint resolution.--For the purpose of this 
     section, the term ``joint resolution'' means only a joint 
     resolution--
       (A) that is introduced not later than 3 calendar days after 
     the date on which the report of the plan of the Secretary 
     referred to in subsection (a)(3) is received by Congress;
       (B) which does not have a preamble;
       (C) the title of which is as follows: ``Joint resolution 
     relating to the disapproval of obligations under the 
     Emergency Economic Stabilization Act of 2008''; and
       (D) the matter after the resolving clause of which is as 
     follows: ``That Congress disapproves the obligation of any 
     amount exceeding the amounts obligated as described in 
     paragraphs (1) and (2) of section 115(a) of the Emergency 
     Economic Stabilization Act of 2008.''.
       (d) Fast Track Consideration in House of Representatives.--
       (1) Reconvening.--Upon receipt of a report under subsection 
     (a)(3), the Speaker, if the House would otherwise be 
     adjourned, shall notify the Members of the House that, 
     pursuant to this section, the House shall convene not later 
     than the second calendar day after receipt of such report;
       (2) Reporting and discharge.--Any committee of the House of 
     Representatives to which a joint resolution is referred shall 
     report it to the House not later than 5 calendar days after 
     the date of receipt of the report described in subsection 
     (a)(3). If a committee fails to report the joint resolution 
     within that period, the committee shall be discharged from 
     further consideration of the joint resolution and the joint 
     resolution shall be referred to the appropriate calendar.
       (3) Proceeding to consideration.--After each committee 
     authorized to consider a joint resolution reports it to the 
     House or has been discharged from its consideration, it shall 
     be in order, not later than the sixth day after Congress 
     receives the report described in subsection (a)(3), to move 
     to proceed to consider the joint resolution in the House. All 
     points of order against the motion are waived. Such a motion 
     shall not be in order after the House has disposed of a 
     motion to proceed on the joint resolution. The previous 
     question shall be considered as ordered on the motion to its 
     adoption without intervening motion. The motion shall not be 
     debatable. A motion to reconsider the vote by which the 
     motion is disposed of shall not be in order.
       (4) Consideration.--The joint resolution shall be 
     considered as read. All points of order against the joint 
     resolution and against its consideration are waived. The 
     previous question shall be considered as ordered on the joint 
     resolution to its passage without intervening motion except 
     two hours of debate equally divided and controlled by the 
     proponent and an opponent. A motion to reconsider the vote on 
     passage of the joint resolution shall not be in order.
       (e) Fast Track Consideration in Senate.--
       (1) Reconvening.--Upon receipt of a report under subsection 
     (a)(3), if the Senate has adjourned or recessed for more than 
     2 days, the majority leader of the Senate, after consultation 
     with the minority leader of the Senate, shall notify the 
     Members of the Senate that, pursuant to this section, the 
     Senate shall convene not later than the second calendar day 
     after receipt of such message.
       (2) Placement on calendar.--Upon introduction in the 
     Senate, the joint resolution shall be placed immediately on 
     the calendar.
       (3) Floor consideration.--
       (A) In general.--Notwithstanding Rule XXII of the Standing 
     Rules of the Senate, it is in order at any time during the 
     period beginning on the 4th day after the date on which 
     Congress receives a report of the plan of the Secretary 
     described in subsection (a)(3) and ending on the 6th day 
     after the date on which Congress receives a report of the 
     plan of the Secretary described in subsection (a)(3) (even 
     though a previous motion to the same effect has been 
     disagreed to) to move to proceed to the consideration of the 
     joint resolution, and all points of order against the joint 
     resolution (and against consideration of the joint 
     resolution) are waived. The motion to proceed is not 
     debatable. The motion is not subject to a motion to postpone. 
     A motion to reconsider the vote by which the motion is agreed 
     to or disagreed to shall not be in order. If a motion to 
     proceed to the consideration of the resolution is agreed to, 
     the joint resolution shall remain the unfinished business 
     until disposed of.
       (B) Debate.--Debate on the joint resolution, and on all 
     debatable motions and appeals in connection therewith, shall 
     be limited to not more than 10 hours, which shall be divided 
     equally between the majority and minority leaders or their 
     designees. A motion further to limit debate is in order and 
     not debatable. An amendment to, or a motion to postpone, or a 
     motion to proceed to the consideration of other business, or 
     a motion to recommit the joint resolution is not in order.
       (C) Vote on passage.--The vote on passage shall occur 
     immediately following the conclusion of the debate on a joint 
     resolution, and a single quorum call at the conclusion of the 
     debate if requested in accordance with the rules of the 
     Senate.
       (D) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a joint resolution shall be decided without 
     debate.
       (f) Rules Relating to Senate and House of 
     Representatives.--
       (1) Coordination with action by other house.--If, before 
     the passage by one House of a joint resolution of that House, 
     that House receives from the other House a joint resolution, 
     then the following procedures shall apply:
       (A) The joint resolution of the other House shall not be 
     referred to a committee.
       (B) With respect to a joint resolution of the House 
     receiving the resolution--
       (i) the procedure in that House shall be the same as if no 
     joint resolution had been received from the other House; but
       (ii) the vote on passage shall be on the joint resolution 
     of the other House.
       (2) Treatment of joint resolution of other house.--If one 
     House fails to introduce or consider a joint resolution under 
     this

[[Page 23092]]

     section, the joint resolution of the other House shall be 
     entitled to expedited floor procedures under this section.
       (3) Treatment of companion measures.--If, following passage 
     of the joint resolution in the Senate, the Senate then 
     receives the companion measure from the House of 
     Representatives, the companion measure shall not be 
     debatable.
       (4) Consideration after passage.--
       (A) In general.--If Congress passes a joint resolution, the 
     period beginning on the date the President is presented with 
     the joint resolution and ending on the date the President 
     takes action with respect to the joint resolution shall be 
     disregarded in computing the 15-calendar day period described 
     in subsection (a)(3).
       (B) Vetoes.--If the President vetoes the joint resolution--
       (i) the period beginning on the date the President vetoes 
     the joint resolution and ending on the date the Congress 
     receives the veto message with respect to the joint 
     resolution shall be disregarded in computing the 15-calendar 
     day period described in subsection (a)(3), and
       (ii) debate on a veto message in the Senate under this 
     section shall be 1 hour equally divided between the majority 
     and minority leaders or their designees.
       (5) Rules of house of representatives and senate.--This 
     subsection and subsections (c), (d), and (e) are enacted by 
     Congress--
       (A) as an exercise of the rulemaking power of the Senate 
     and House of Representatives, respectively, and as such it is 
     deemed a part of the rules of each House, respectively, but 
     applicable only with respect to the procedure to be followed 
     in that House in the case of a joint resolution, and it 
     supersedes other rules only to the extent that it is 
     inconsistent with such rules; and
       (B) with full recognition of the constitutional right of 
     either House to change the rules (so far as relating to the 
     procedure of that House) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of that 
     House.

     SEC. 116. OVERSIGHT AND AUDITS.

       (a) Comptroller General Oversight.--
       (1) Scope of oversight.--The Comptroller General of the 
     United States shall, upon establishment of the troubled 
     assets relief program under this Act (in this section 
     referred to as the ``TARP''), commence ongoing oversight of 
     the activities and performance of the TARP and of any agents 
     and representatives of the TARP (as related to the agent or 
     representative's activities on behalf of or under the 
     authority of the TARP), including vehicles established by the 
     Secretary under this Act. The subjects of such oversight 
     shall include the following:
       (A) The performance of the TARP in meeting the purposes of 
     this Act, particularly those involving--
       (i) foreclosure mitigation;
       (ii) cost reduction;
       (iii) whether it has provided stability or prevented 
     disruption to the financial markets or the banking system; 
     and
       (iv) whether it has protected taxpayers.
       (B) The financial condition and internal controls of the 
     TARP, its representatives and agents.
       (C) Characteristics of transactions and commitments entered 
     into, including transaction type, frequency, size, prices 
     paid, and all other relevant terms and conditions, and the 
     timing, duration and terms of any future commitments to 
     purchase assets.
       (D) Characteristics and disposition of acquired assets, 
     including type, acquisition price, current market value, sale 
     prices and terms, and use of proceeds from sales.
       (E) Efficiency of the operations of the TARP in the use of 
     appropriated funds.
       (F) Compliance with all applicable laws and regulations by 
     the TARP, its agents and representatives.
       (G) The efforts of the TARP to prevent, identify, and 
     minimize conflicts of interest involving any agent or 
     representative performing activities on behalf of or under 
     the authority of the TARP.
       (H) The efficacy of contracting procedures pursuant to 
     section 107(b), including, as applicable, the efforts of the 
     TARP in evaluating proposals for inclusion and contracting to 
     the maximum extent possible of minorities (as such term is 
     defined in 1204(c) of the Financial Institutions Reform, 
     Recovery, and Enhancement Act of 1989 (12 U.S.C. 1811 note), 
     women, and minority- and women-owned businesses, including 
     ascertaining and reporting the total amount of fees paid and 
     other value delivered by the TARP to all of its agents and 
     representatives, and such amounts paid or delivered to such 
     firms that are minority- and women-owned businesses (as such 
     terms are defined in section 21A of the Federal Home Loan 
     Bank Act (12 U.S.C. 1441a)).
       (2) Conduct and administration of oversight.--
       (A) GAO presence.--The Secretary shall provide the 
     Comptroller General with appropriate space and facilities in 
     the Department of the Treasury as necessary to facilitate 
     oversight of the TARP until the termination date established 
     in section 120.
       (B) Access to records.--To the extent otherwise consistent 
     with law, the Comptroller General shall have access, upon 
     request, to any information, data, schedules, books, 
     accounts, financial records, reports, files, electronic 
     communications, or other papers, things, or property 
     belonging to or in use by the TARP, or any vehicles 
     established by the Secretary under this Act, and to the 
     officers, directors, employees, independent public 
     accountants, financial advisors, and other agents and 
     representatives of the TARP (as related to the agent or 
     representative's activities on behalf of or under the 
     authority of the TARP) or any such vehicle at such reasonable 
     time as the Comptroller General may request. The Comptroller 
     General shall be afforded full facilities for verifying 
     transactions with the balances or securities held by 
     depositaries, fiscal agents, and custodians. The Comptroller 
     General may make and retain copies of such books, accounts, 
     and other records as the Comptroller General deems 
     appropriate.
       (C) Reimbursement of costs.--The Treasury shall reimburse 
     the Government Accountability Office for the full cost of any 
     such oversight activities as billed therefor by the 
     Comptroller General of the United States. Such reimbursements 
     shall be credited to the appropriation account ``Salaries and 
     Expenses, Government Accountability Office'' current when the 
     payment is received and remain available until expended.
       (3) Reporting.--The Comptroller General shall submit 
     reports of findings under this section, regularly and no less 
     frequently than once every 60 days, to the appropriate 
     committees of Congress, and the Special Inspector General for 
     the Troubled Asset Relief Program established under this Act 
     on the activities and performance of the TARP. The 
     Comptroller may also submit special reports under this 
     subsection as warranted by the findings of its oversight 
     activities.
       (b) Comptroller General Audits.--
       (1) Annual audit.--The TARP shall annually prepare and 
     issue to the appropriate committees of Congress and the 
     public audited financial statements prepared in accordance 
     with generally accepted accounting principles, and the 
     Comptroller General shall annually audit such statements in 
     accordance with generally accepted auditing standards. The 
     Treasury shall reimburse the Government Accountability Office 
     for the full cost of any such audit as billed therefor by the 
     Comptroller General. Such reimbursements shall be credited to 
     the appropriation account ``Salaries and Expenses, Government 
     Accountability Office'' current when the payment is received 
     and remain available until expended. The financial statements 
     prepared under this paragraph shall be on the fiscal year 
     basis prescribed under section 1102 of title 31, United 
     States Code.
       (2) Authority.--The Comptroller General may audit the 
     programs, activities, receipts, expenditures, and financial 
     transactions of the TARP and any agents and representatives 
     of the TARP (as related to the agent or representative's 
     activities on behalf of or under the authority of the TARP), 
     including vehicles established by the Secretary under this 
     Act.
       (3) Corrective responses to audit problems.--The TARP 
     shall--
       (A) take action to address deficiencies identified by the 
     Comptroller General or other auditor engaged by the TARP; or
       (B) certify to appropriate committees of Congress that no 
     action is necessary or appropriate.
       (c) Internal Control.--
       (1) Establishment.--The TARP shall establish and maintain 
     an effective system of internal control, consistent with the 
     standards prescribed under section 3512(c) of title 31, 
     United States Code, that provides reasonable assurance of--
       (A) the effectiveness and efficiency of operations, 
     including the use of the resources of the TARP;
       (B) the reliability of financial reporting, including 
     financial statements and other reports for internal and 
     external use; and
       (C) compliance with applicable laws and regulations.
       (2) Reporting.--In conjunction with each annual financial 
     statement issued under this section, the TARP shall--
       (A) state the responsibility of management for establishing 
     and maintaining adequate internal control over financial 
     reporting; and
       (B) state its assessment, as of the end of the most recent 
     year covered by such financial statement of the TARP, of the 
     effectiveness of the internal control over financial 
     reporting.
       (d) Sharing of Information.--Any report or audit required 
     under this section shall also be submitted to the 
     Congressional Oversight Panel established under section 125.
       (e) Termination.--Any oversight, reporting, or audit 
     requirement under this section shall terminate on the later 
     of--
       (1) the date that the last troubled asset acquired by the 
     Secretary under section 101 has been sold or transferred out 
     of the ownership or control of the Federal Government; or
       (2) the date of expiration of the last insurance contract 
     issued under section 102.

     SEC. 117. STUDY AND REPORT ON MARGIN AUTHORITY.

       (a) Study.--The Comptroller General shall undertake a study 
     to determine the extent to which leverage and sudden 
     deleveraging of financial institutions was a factor behind 
     the current financial crisis.

[[Page 23093]]

       (b) Content.--The study required by this section shall 
     include--
       (1) an analysis of the roles and responsibilities of the 
     Board, the Securities and Exchange Commission, the Secretary, 
     and other Federal banking agencies with respect to monitoring 
     leverage and acting to curtail excessive leveraging;
       (2) an analysis of the authority of the Board to regulate 
     leverage, including by setting margin requirements, and what 
     process the Board used to decide whether or not to use its 
     authority;
       (3) an analysis of any usage of the margin authority by the 
     Board; and
       (4) recommendations for the Board and appropriate 
     committees of Congress with respect to the existing authority 
     of the Board.
       (c) Report.--Not later than June 1, 2009, the Comptroller 
     General shall complete and submit a report on the study 
     required by this section to the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives.
       (d) Sharing of Information.--Any reports required under 
     this section shall also be submitted to the Congressional 
     Oversight Panel established under section 125.

     SEC. 118. FUNDING.

       For the purpose of the authorities granted in this Act, and 
     for the costs of administering those authorities, the 
     Secretary may use the proceeds of the sale of any securities 
     issued under chapter 31 of title 31, United States Code, and 
     the purposes for which securities may be issued under chapter 
     31 of title 31, United States Code, are extended to include 
     actions authorized by this Act, including the payment of 
     administrative expenses. Any funds expended or obligated by 
     the Secretary for actions authorized by this Act, including 
     the payment of administrative expenses, shall be deemed 
     appropriated at the time of such expenditure or obligation.

     SEC. 119. JUDICIAL REVIEW AND RELATED MATTERS.

       (a) Judicial Review.--
       (1) Standard.--Actions by the Secretary pursuant to the 
     authority of this Act shall be subject to chapter 7 of title 
     5, United States Code, including that such final actions 
     shall be held unlawful and set aside if found to be 
     arbitrary, capricious, an abuse of discretion, or not in 
     accordance with law.
       (2) Limitations on equitable relief.--
       (A) Injunction.--No injunction or other form of equitable 
     relief shall be issued against the Secretary for actions 
     pursuant to section 101, 102, 106, and 109, other than to 
     remedy a violation of the Constitution.
       (B) Temporary restraining order.--Any request for a 
     temporary restraining order against the Secretary for actions 
     pursuant to this Act shall be considered and granted or 
     denied by the court within 3 days of the date of the request.
       (C) Preliminary injunction.--Any request for a preliminary 
     injunction against the Secretary for actions pursuant to this 
     Act shall be considered and granted or denied by the court on 
     an expedited basis consistent with the provisions of rule 
     65(b)(3) of the Federal Rules of Civil Procedure, or any 
     successor thereto.
       (D) Permanent injunction.--Any request for a permanent 
     injunction against the Secretary for actions pursuant to this 
     Act shall be considered and granted or denied by the court on 
     an expedited basis. Whenever possible, the court shall 
     consolidate trial on the merits with any hearing on a request 
     for a preliminary injunction, consistent with the provisions 
     of rule 65(a)(2) of the Federal Rules of Civil Procedure, or 
     any successor thereto.
       (3) Limitation on actions by participating companies.--No 
     action or claims may be brought against the Secretary by any 
     person that divests its assets with respect to its 
     participation in a program under this Act, except as provided 
     in paragraph (1), other than as expressly provided in a 
     written contract with the Secretary.
       (4) Stays.--Any injunction or other form of equitable 
     relief issued against the Secretary for actions pursuant to 
     section 101, 102, 106, and 109, shall be automatically 
     stayed. The stay shall be lifted unless the Secretary seeks a 
     stay from a higher court within 3 calendar days after the 
     date on which the relief is issued.
       (b) Related Matters.--
       (1) Treatment of homeowners' rights.--The terms of any 
     residential mortgage loan that is part of any purchase by the 
     Secretary under this Act shall remain subject to all claims 
     and defenses that would otherwise apply, notwithstanding the 
     exercise of authority by the Secretary under this Act.
       (2) Savings clause.--Any exercise of the authority of the 
     Secretary pursuant to this Act shall not impair the claims or 
     defenses that would otherwise apply with respect to persons 
     other than the Secretary. Except as established in any 
     contract, a servicer of pooled residential mortgages owes any 
     duty to determine whether the net present value of the 
     payments on the loan, as modified, is likely to be greater 
     than the anticipated net recovery that would result from 
     foreclosure to all investors and holders of beneficial 
     interests in such investment, but not to any individual or 
     groups of investors or beneficial interest holders, and shall 
     be deemed to act in the best interests of all such investors 
     or holders of beneficial interests if the servicer agrees to 
     or implements a modification or workout plan when the 
     servicer takes reasonable loss mitigation actions, including 
     partial payments.

     SEC. 120. TERMINATION OF AUTHORITY.

       (a) Termination.--The authorities provided under sections 
     101(a), excluding section 101(a)(3), and 102 shall terminate 
     on December 31, 2009.
       (b) Extension Upon Certification.--The Secretary, upon 
     submission of a written certification to Congress, may extend 
     the authority provided under this Act to expire not later 
     than 2 years from the date of enactment of this Act. Such 
     certification shall include a justification of why the 
     extension is necessary to assist American families and 
     stabilize financial markets, as well as the expected cost to 
     the taxpayers for such an extension.

     SEC. 121. SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET 
                   RELIEF PROGRAM.

       (a) Office of Inspector General.--There is hereby 
     established the Office of the Special Inspector General for 
     the Troubled Asset Relief Program.
       (b) Appointment of Inspector General; Removal.--(1) The 
     head of the Office of the Special Inspector General for the 
     Troubled Asset Relief Program is the Special Inspector 
     General for the Troubled Asset Relief Program (in this 
     section referred to as the ``Special Inspector General''), 
     who shall be appointed by the President, by and with the 
     advice and consent of the Senate.
       (2) The appointment of the Special Inspector General shall 
     be made on the basis of integrity and demonstrated ability in 
     accounting, auditing, financial analysis, law, management 
     analysis, public administration, or investigations.
       (3) The nomination of an individual as Special Inspector 
     General shall be made as soon as practicable after the 
     establishment of any program under sections 101 and 102.
       (4) The Special Inspector General shall be removable from 
     office in accordance with the provisions of section 3(b) of 
     the Inspector General Act of 1978 (5 U.S.C. App.).
       (5) For purposes of section 7324 of title 5, United States 
     Code, the Special Inspector General shall not be considered 
     an employee who determines policies to be pursued by the 
     United States in the nationwide administration of Federal 
     law.
       (6) The annual rate of basic pay of the Special Inspector 
     General shall be the annual rate of basic pay provided for 
     positions at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (c) Duties.--(1) It shall be the duty of the Special 
     Inspector General to conduct, supervise, and coordinate 
     audits and investigations of the purchase, management, and 
     sale of assets by the Secretary of the Treasury under any 
     program established by the Secretary under section 101, and 
     the management by the Secretary of any program established 
     under section 102, including by collecting and summarizing 
     the following information:
       (A) A description of the categories of troubled assets 
     purchased or otherwise procured by the Secretary.
       (B) A listing of the troubled assets purchased in each such 
     category described under subparagraph (A).
       (C) An explanation of the reasons the Secretary deemed it 
     necessary to purchase each such troubled asset.
       (D) A listing of each financial institution that such 
     troubled assets were purchased from.
       (E) A listing of and detailed biographical information on 
     each person or entity hired to manage such troubled assets.
       (F) A current estimate of the total amount of troubled 
     assets purchased pursuant to any program established under 
     section 101, the amount of troubled assets on the books of 
     the Treasury, the amount of troubled assets sold, and the 
     profit and loss incurred on each sale or disposition of each 
     such troubled asset.
       (G) A listing of the insurance contracts issued under 
     section 102.
       (2) The Special Inspector General shall establish, 
     maintain, and oversee such systems, procedures, and controls 
     as the Special Inspector General considers appropriate to 
     discharge the duty under paragraph (1).
       (3) In addition to the duties specified in paragraphs (1) 
     and (2), the Inspector General shall also have the duties and 
     responsibilities of inspectors general under the Inspector 
     General Act of 1978.
       (d) Powers and Authorities.--(1) In carrying out the duties 
     specified in subsection (c), the Special Inspector General 
     shall have the authorities provided in section 6 of the 
     Inspector General Act of 1978.
       (2) The Special Inspector General shall carry out the 
     duties specified in subsection (c)(1) in accordance with 
     section 4(b)(1) of the Inspector General Act of 1978.
       (e) Personnel, Facilities, and Other Resources.--(1) The 
     Special Inspector General may select, appoint, and employ 
     such officers and employees as may be necessary for carrying 
     out the duties of the Special Inspector General, subject to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and the

[[Page 23094]]

     provisions of chapter 51 and subchapter III of chapter 53 of 
     such title, relating to classification and General Schedule 
     pay rates.
       (2) The Special Inspector General may obtain services as 
     authorized by section 3109 of title 5, United States Code, at 
     daily rates not to exceed the equivalent rate prescribed for 
     grade GS-15 of the General Schedule by section 5332 of such 
     title.
       (3) The Special Inspector General may enter into contracts 
     and other arrangements for audits, studies, analyses, and 
     other services with public agencies and with private persons, 
     and make such payments as may be necessary to carry out the 
     duties of the Inspector General.
       (4)(A) Upon request of the Special Inspector General for 
     information or assistance from any department, agency, or 
     other entity of the Federal Government, the head of such 
     entity shall, insofar as is practicable and not in 
     contravention of any existing law, furnish such information 
     or assistance to the Special Inspector General, or an 
     authorized designee.
       (B) Whenever information or assistance requested by the 
     Special Inspector General is, in the judgment of the Special 
     Inspector General, unreasonably refused or not provided, the 
     Special Inspector General shall report the circumstances to 
     the appropriate committees of Congress without delay.
       (f) Reports.--(1) Not later than 60 days after the 
     confirmation of the Special Inspector General, and every 
     calendar quarter thereafter, the Special Inspector General 
     shall submit to the appropriate committees of Congress a 
     report summarizing the activities of the Special Inspector 
     General during the 120-day period ending on the date of such 
     report. Each report shall include, for the period covered by 
     such report, a detailed statement of all purchases, 
     obligations, expenditures, and revenues associated with any 
     program established by the Secretary of the Treasury under 
     sections 101 and 102, as well as the information collected 
     under subsection (c)(1).
       (2) Nothing in this subsection shall be construed to 
     authorize the public disclosure of information that is--
       (A) specifically prohibited from disclosure by any other 
     provision of law;
       (B) specifically required by Executive order to be 
     protected from disclosure in the interest of national defense 
     or national security or in the conduct of foreign affairs; or
       (C) a part of an ongoing criminal investigation.
       (3) Any reports required under this section shall also be 
     submitted to the Congressional Oversight Panel established 
     under section 125.
       (g) Funding.--(1) Of the amounts made available to the 
     Secretary of the Treasury under section 118, $50,000,000 
     shall be available to the Special Inspector General to carry 
     out this section.
       (2) The amount available under paragraph (1) shall remain 
     available until expended.
       (h) Termination.--The Office of the Special Inspector 
     General shall terminate on the later of--
       (1) the date that the last troubled asset acquired by the 
     Secretary under section 101 has been sold or transferred out 
     of the ownership or control of the Federal Government; or
       (2) the date of expiration of the last insurance contract 
     issued under section 102.

     SEC. 122. INCREASE IN STATUTORY LIMIT ON THE PUBLIC DEBT.

       Subsection (b) of section 3101 of title 31, United States 
     Code, is amended by striking out the dollar limitation 
     contained in such subsection and inserting 
     ``$11,315,000,000,000''.

     SEC. 123. CREDIT REFORM.

       (a) In General.--Subject to subsection (b), the costs of 
     purchases of troubled assets made under section 101(a) and 
     guarantees of troubled assets under section 102, and any cash 
     flows associated with the activities authorized in section 
     102 and subsections (a), (b), and (c) of section 106 shall be 
     determined as provided under the Federal Credit Reform Act of 
     1990 (2 U.S.C. 661 et. seq.).
       (b) Costs.--For the purposes of section 502(5) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))--
       (1) the cost of troubled assets and guarantees of troubled 
     assets shall be calculated by adjusting the discount rate in 
     section 502(5)(E) (2 U.S.C. 661a(5)(E)) for market risks; and
       (2) the cost of a modification of a troubled asset or 
     guarantee of a troubled asset shall be the difference between 
     the current estimate consistent with paragraph (1) under the 
     terms of the troubled asset or guarantee of the troubled 
     asset and the current estimate consistent with paragraph (1) 
     under the terms of the troubled asset or guarantee of the 
     troubled asset, as modified.

     SEC. 124. HOPE FOR HOMEOWNERS AMENDMENTS.

       Section 257 of the National Housing Act (12 U.S.C. 1715z-
     23) is amended--
       (1) in subsection (e)--
       (A) in paragraph (1)(B), by inserting before ``a ratio'' 
     the following: ``, or thereafter is likely to have, due to 
     the terms of the mortgage being reset,'';
       (B) in paragraph (2)(B), by inserting before the period at 
     the end ``(or such higher percentage as the Board determines, 
     in the discretion of the Board)'';
       (C) in paragraph (4)(A)--
       (i) in the first sentence, by inserting after ``insured 
     loan'' the following: ``and any payments made under this 
     paragraph,''; and
       (ii) by adding at the end the following: ``Such actions may 
     include making payments, which shall be accepted as payment 
     in full of all indebtedness under the eligible mortgage, to 
     any holder of an existing subordinate mortgage, in lieu of 
     any future appreciation payments authorized under 
     subparagraph (B).''; and
       (2) in subsection (w), by inserting after ``administrative 
     costs'' the following: ``and payments pursuant to subsection 
     (e)(4)(A)''.

     SEC. 125. CONGRESSIONAL OVERSIGHT PANEL.

       (a) Establishment.--There is hereby established the 
     Congressional Oversight Panel (hereafter in this section 
     referred to as the ``Oversight Panel'') as an establishment 
     in the legislative branch.
       (b) Duties.--The Oversight Panel shall review the current 
     state of the financial markets and the regulatory system and 
     submit the following reports to Congress:
       (1) Regular reports.--
       (A) In general.--Regular reports of the Oversight Panel 
     shall include the following:
       (i) The use by the Secretary of authority under this Act, 
     including with respect to the use of contracting authority 
     and administration of the program.
       (ii) The impact of purchases made under the Act on the 
     financial markets and financial institutions.
       (iii) The extent to which the information made available on 
     transactions under the program has contributed to market 
     transparency.
       (iv) The effectiveness of foreclosure mitigation efforts, 
     and the effectiveness of the program from the standpoint of 
     minimizing long-term costs to the taxpayers and maximizing 
     the benefits for taxpayers.
       (B) Timing.--The reports required under this paragraph 
     shall be submitted not later than 30 days after the first 
     exercise by the Secretary of the authority under section 
     101(a) or 102, and every 30 days thereafter.
       (2) Special report on regulatory reform.--The Oversight 
     Panel shall submit a special report on regulatory reform not 
     later than January 20, 2009, analyzing the current state of 
     the regulatory system and its effectiveness at overseeing the 
     participants in the financial system and protecting 
     consumers, and providing recommendations for improvement, 
     including recommendations regarding whether any participants 
     in the financial markets that are currently outside the 
     regulatory system should become subject to the regulatory 
     system, the rationale underlying such recommendation, and 
     whether there are any gaps in existing consumer protections.
       (c) Membership.--
       (1) In general.--The Oversight Panel shall consist of 5 
     members, as follows:
       (A) 1 member appointed by the Speaker of the House of 
     Representatives.
       (B) 1 member appointed by the minority leader of the House 
     of Representatives.
       (C) 1 member appointed by the majority leader of the 
     Senate.
       (D) 1 member appointed by the minority leader of the 
     Senate.
       (E) 1 member appointed by the Speaker of the House of 
     Representatives and the majority leader of the Senate, after 
     consultation with the minority leader of the Senate and the 
     minority leader of the House of Representatives.
       (2) Pay.--Each member of the Oversight Panel shall each be 
     paid at a rate equal to the daily equivalent of the annual 
     rate of basic pay for level I of the Executive Schedule for 
     each day (including travel time) during which such member is 
     engaged in the actual performance of duties vested in the 
     Commission.
       (3) Prohibition of compensation of federal employees.--
     Members of the Oversight Panel who are full-time officers or 
     employees of the United States or Members of Congress may not 
     receive additional pay, allowances, or benefits by reason of 
     their service on the Oversight Panel.
       (4) Travel expenses.--Each member shall receive travel 
     expenses, including per diem in lieu of subsistence, in 
     accordance with applicable provisions under subchapter I of 
     chapter 57 of title 5, United States Code.
       (5) Quorum.--Four members of the Oversight Panel shall 
     constitute a quorum but a lesser number may hold hearings.
       (6) Vacancies.--A vacancy on the Oversight Panel shall be 
     filled in the manner in which the original appointment was 
     made.
       (7) Meetings.--The Oversight Panel shall meet at the call 
     of the Chairperson or a majority of its members.
       (d) Staff.--
       (1) In general.--The Oversight Panel may appoint and fix 
     the pay of any personnel as the Commission considers 
     appropriate.
       (2) Experts and consultants.--The Oversight Panel may 
     procure temporary and intermittent services under section 
     3109(b) of title 5, United States Code.
       (3) Staff of agencies.--Upon request of the Oversight 
     Panel, the head of any Federal department or agency may 
     detail, on a reimbursable basis, any of the personnel of that 
     department or agency to the Oversight Panel to assist it in 
     carrying out its duties under this Act.
       (e) Powers.--
       (1) Hearings and sessions.--The Oversight Panel may, for 
     the purpose of carrying out

[[Page 23095]]

     this section, hold hearings, sit and act at times and places, 
     take testimony, and receive evidence as the Panel considers 
     appropriate and may administer oaths or affirmations to 
     witnesses appearing before it.
       (2) Powers of members and agents.--Any member or agent of 
     the Oversight Panel may, if authorized by the Oversight 
     Panel, take any action which the Oversight Panel is 
     authorized to take by this section.
       (3) Obtaining official data.--The Oversight Panel may 
     secure directly from any department or agency of the United 
     States information necessary to enable it to carry out this 
     section. Upon request of the Chairperson of the Oversight 
     Panel, the head of that department or agency shall furnish 
     that information to the Oversight Panel.
       (4) Reports.--The Oversight Panel shall receive and 
     consider all reports required to be submitted to the 
     Oversight Panel under this Act.
       (f) Termination.--The Oversight Panel shall terminate 6 
     months after the termination date specified in section 120.
       (g) Funding for Expenses.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Oversight Panel such sums as may be 
     necessary for any fiscal year, half of which shall be derived 
     from the applicable account of the House of Representatives, 
     and half of which shall be derived from the contingent fund 
     of the Senate.
       (2) Reimbursement of amounts.--An amount equal to the 
     expenses of the Oversight Panel shall be promptly transferred 
     by the Secretary, from time to time upon the presentment of a 
     statement of such expenses by the Chairperson of the 
     Oversight Panel, from funds made available to the Secretary 
     under this Act to the applicable fund of the House of 
     Representatives and the contingent fund of the Senate, as 
     appropriate, as reimbursement for amounts expended from such 
     account and fund under paragraph (1).

     SEC. 126. FDIC AUTHORITY.

       (a) In General.--Section 18(a) of the Federal Deposit 
     Insurance Act (12 U.S.C. 1828(a)) is amended by adding at the 
     end the following new paragraph:
       ``(4) False advertising, misuse of fdic names, and 
     misrepresentation to indicate insured status.--
       ``(A) Prohibition on false advertising and misuse of fdic 
     names.--No person may represent or imply that any deposit 
     liability, obligation, certificate, or share is insured or 
     guaranteed by the Corporation, if such deposit liability, 
     obligation, certificate, or share is not insured or 
     guaranteed by the Corporation--
       ``(i) by using the terms `Federal Deposit', `Federal 
     Deposit Insurance', `Federal Deposit Insurance Corporation', 
     any combination of such terms, or the abbreviation `FDIC' as 
     part of the business name or firm name of any person, 
     including any corporation, partnership, business trust, 
     association, or other business entity; or
       ``(ii) by using such terms or any other terms, sign, or 
     symbol as part of an advertisement, solicitation, or other 
     document.
       ``(B) Prohibition on misrepresentations of insured 
     status.--No person may knowingly misrepresent--
       ``(i) that any deposit liability, obligation, certificate, 
     or share is insured, under this Act, if such deposit 
     liability, obligation, certificate, or share is not so 
     insured; or
       ``(ii) the extent to which or the manner in which any 
     deposit liability, obligation, certificate, or share is 
     insured under this Act, if such deposit liability, 
     obligation, certificate, or share is not so insured, to the 
     extent or in the manner represented.
       ``(C) Authority of the appropriate federal banking 
     agency.--The appropriate Federal banking agency shall have 
     enforcement authority in the case of a violation of this 
     paragraph by any person for which the agency is the 
     appropriate Federal banking agency, or any institution-
     affiliated party thereof.
       ``(D) Corporation authority if the appropriate federal 
     banking agency fails to follow recommendation.--
       ``(i) Recommendation.--The Corporation may recommend in 
     writing to the appropriate Federal banking agency that the 
     agency take any enforcement action authorized under section 8 
     for purposes of enforcement of this paragraph with respect to 
     any person for which the agency is the appropriate Federal 
     banking agency or any institution-affiliated party thereof.
       ``(ii) Agency response.--If the appropriate Federal banking 
     agency does not, within 30 days of the date of receipt of a 
     recommendation under clause (i), take the enforcement action 
     with respect to this paragraph recommended by the Corporation 
     or provide a plan acceptable to the Corporation for 
     responding to the situation presented, the Corporation may 
     take the recommended enforcement action against such person 
     or institution-affiliated party.
       ``(E) Additional authority.--In addition to its authority 
     under subparagraphs (C) and (D), for purposes of this 
     paragraph, the Corporation shall have, in the same manner and 
     to the same extent as with respect to a State nonmember 
     insured bank--
       ``(i) jurisdiction over--

       ``(I) any person other than a person for which another 
     agency is the appropriate Federal banking agency or any 
     institution-affiliated party thereof; and
       ``(II) any person that aids or abets a violation of this 
     paragraph by a person described in subclause (I); and

       ``(ii) for purposes of enforcing the requirements of this 
     paragraph, the authority of the Corporation under--

       ``(I) section 10(c) to conduct investigations; and
       ``(II) subsections (b), (c), (d) and (i) of section 8 to 
     conduct enforcement actions.

       ``(F) Other actions preserved.--No provision of this 
     paragraph shall be construed as barring any action otherwise 
     available, under the laws of the United States or any State, 
     to any Federal or State agency or individual.''.
       (b) Enforcement Orders.--Section 8(c) of the Federal 
     Deposit Insurance Act (12 U.S.C. 1818(c)) is amended by 
     adding at the end the following new paragraph:
       ``(4) False advertising or misuse of names to indicate 
     insured status.--
       ``(A) Temporary order.--
       ``(i) In general.--If a notice of charges served under 
     subsection (b)(1) specifies on the basis of particular facts 
     that any person engaged or is engaging in conduct described 
     in section 18(a)(4), the Corporation or other appropriate 
     Federal banking agency may issue a temporary order 
     requiring--

       ``(I) the immediate cessation of any activity or practice 
     described, which gave rise to the notice of charges; and
       ``(II) affirmative action to prevent any further, or to 
     remedy any existing, violation.

       ``(ii) Effect of order.--Any temporary order issued under 
     this subparagraph shall take effect upon service.
       ``(B) Effective period of temporary order.--A temporary 
     order issued under subparagraph (A) shall remain effective 
     and enforceable, pending the completion of an administrative 
     proceeding pursuant to subsection (b)(1) in connection with 
     the notice of charges--
       ``(i) until such time as the Corporation or other 
     appropriate Federal banking agency dismisses the charges 
     specified in such notice; or
       ``(ii) if a cease-and-desist order is issued against such 
     person, until the effective date of such order.
       ``(C) Civil money penalties.--Any violation of section 
     18(a)(4) shall be subject to civil money penalties, as set 
     forth in subsection (i), except that for any person other 
     than an insured depository institution or an institution-
     affiliated party that is found to have violated this 
     paragraph, the Corporation or other appropriate Federal 
     banking agency shall not be required to demonstrate any loss 
     to an insured depository institution.''.
       (c) Unenforceability of Certain Agreements.--Section 13(c) 
     of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)) is 
     amended by adding at the end the following new paragraph:
       ``(11) Unenforceability of certain agreements.--No 
     provision contained in any existing or future standstill, 
     confidentiality, or other agreement that, directly or 
     indirectly--
       ``(A) affects, restricts, or limits the ability of any 
     person to offer to acquire or acquire,
       ``(B) prohibits any person from offering to acquire or 
     acquiring, or
       ``(C) prohibits any person from using any previously 
     disclosed information in connection with any such offer to 
     acquire or acquisition of,

     all or part of any insured depository institution, including 
     any liabilities, assets, or interest therein, in connection 
     with any transaction in which the Corporation exercises its 
     authority under section 11 or 13, shall be enforceable 
     against or impose any liability on such person, as such 
     enforcement or liability shall be contrary to public 
     policy.''.
       (d) Technical and Conforming Amendments.--Section 18 of the 
     Federal Deposit Insurance Act (12 U.S.C. 1828) is amended--
       (1) in subsection (a)(3)--
       (A) by striking ``this subsection'' the first place that 
     term appears and inserting ``paragraph (1)''; and
       (B) by striking ``this subsection'' the second place that 
     term appears and inserting ``paragraph (2)''; and
       (2) in the heading for subsection (a), by striking 
     ``Insurance Logo.--'' and insert-
     ing ``Representations of Deposit Insurance.--''.

     SEC. 127. COOPERATION WITH THE FBI.

       Any Federal financial regulatory agency shall cooperate 
     with the Federal Bureau of Investigation and other law 
     enforcement agencies investigating fraud, misrepresentation, 
     and malfeasance with respect to development, advertising, and 
     sale of financial products.

     SEC. 128. ACCELERATION OF EFFECTIVE DATE.

       Section 203 of the Financial Services Regulatory Relief Act 
     of 2006 (12 U.S.C. 461 note) is amended by striking ``October 
     1, 2011'' and inserting ``October 1, 2008''.

     SEC. 129. DISCLOSURES ON EXERCISE OF LOAN AUTHORITY.

       (a) In General.--Not later than 7 days after the date on 
     which the Board exercises its authority under the third 
     paragraph of section 13 of the Federal Reserve Act (12 U.S.C. 
     343; relating to discounts for individuals, partnerships, and 
     corporations) the

[[Page 23096]]

     Board shall provide to the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives a report which 
     includes--
       (1) the justification for exercising the authority; and
       (2) the specific terms of the actions of the Board, 
     including the size and duration of the lending, available 
     information concerning the value of any collateral held with 
     respect to such a loan, the recipient of warrants or any 
     other potential equity in exchange for the loan, and any 
     expected cost to the taxpayers for such exercise.
       (b) Periodic Updates.--The Board shall provide updates to 
     the Committees specified in subsection (a) not less 
     frequently than once every 60 days while the subject loan is 
     outstanding, including--
       (1) the status of the loan;
       (2) the value of the collateral held by the Federal reserve 
     bank which initiated the loan; and
       (3) the projected cost to the taxpayers of the loan.
       (c) Confidentiality.--The information submitted to the 
     Congress under this section may be kept confidential, upon 
     the written request of the Chairman of the Board, in which 
     case it shall made available only to the Chairpersons and 
     Ranking Members of the Committees described in subsection 
     (a).
       (d) Applicability.--The provisions of this section shall be 
     in force for all uses of the authority provided under section 
     13 of the Federal Reserve Act occurring during the period 
     beginning on March 1, 2008 and ending on the after the date 
     of enactment of this Act, and reports described in subsection 
     (a) shall be required beginning not later than 30 days after 
     that date of enactment, with respect to any such exercise of 
     authority.
       (e) Sharing of Information.--Any reports required under 
     this section shall also be submitted to the Congressional 
     Oversight Panel established under section 125.

     SEC. 130. TECHNICAL CORRECTIONS.

       (a) In General.--Section 128(b)(2) of the Truth in Lending 
     Act (15 U.S.C. 1638(b)(2)), as amended by section 2502 of the 
     Mortgage Disclosure Improvement Act of 2008 (Public Law 110-
     289), is amended--
       (1) in subparagraph (A), by striking ``In the case'' and 
     inserting ``Except as provided in subparagraph (G), in the 
     case''; and
       (2) by amending subparagraph (G) to read as follows:
       ``(G)(i) In the case of an extension of credit relating to 
     a plan described in section 101(53D) of title 11, United 
     States Code--
       ``(I) the requirements of subparagraphs (A) through (E) 
     shall not apply; and
       ``(II) a good faith estimate of the disclosures required 
     under subsection (a) shall be made in accordance with 
     regulations of the Board under section 121(c) before such 
     credit is extended, or shall be delivered or placed in the 
     mail not later than 3 business days after the date on which 
     the creditor receives the written application of the consumer 
     for such credit, whichever is earlier.
       ``(ii) If a disclosure statement furnished within 3 
     business days of the written application (as provided under 
     clause (i)(II)) contains an annual percentage rate which is 
     subsequently rendered inaccurate, within the meaning of 
     section 107(c), the creditor shall furnish another disclosure 
     statement at the time of settlement or consummation of the 
     transaction.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the amendments made by 
     section 2502 of the Mortgage Disclosure Improvement Act of 
     2008 (Public Law 110-289).

     SEC. 131. EXCHANGE STABILIZATION FUND REIMBURSEMENT.

       (a) Reimbursement.--The Secretary shall reimburse the 
     Exchange Stabilization Fund established under section 5302 of 
     title 31, United States Code, for any funds that are used for 
     the Treasury Money Market Funds Guaranty Program for the 
     United States money market mutual fund industry, from funds 
     under this Act.
       (b) Limits on Use of Exchange Stabilization Fund.--The 
     Secretary is prohibited from using the Exchange Stabilization 
     Fund for the establishment of any future guaranty programs 
     for the United States money market mutual fund industry.

     SEC. 132. AUTHORITY TO SUSPEND MARK-TO-MARKET ACCOUNTING.

       (a) Authority.--The Securities and Exchange Commission 
     shall have the authority under the securities laws (as such 
     term is defined in section 3(a)(47) of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78c(a)(47)) to suspend, by 
     rule, regulation, or order, the application of Statement 
     Number 157 of the Financial Accounting Standards Board for 
     any issuer (as such term is defined in section 3(a)(8) of 
     such Act) or with respect to any class or category of 
     transaction if the Commission determines that is necessary or 
     appropriate in the public interest and is consistent with the 
     protection of investors.
       (b) Savings Provision.--Nothing in subsection (a) shall be 
     construed to restrict or limit any authority of the 
     Securities and Exchange Commission under securities laws as 
     in effect on the date of enactment of this Act.

     SEC. 133. STUDY ON MARK-TO-MARKET ACCOUNTING.

       (a) Study.--The Securities and Exchange Commission, in 
     consultation with the Board and the Secretary, shall conduct 
     a study on mark-to-market accounting standards as provided in 
     Statement Number 157 of the Financial Accounting Standards 
     Board, as such standards are applicable to financial 
     institutions, including depository institutions. Such a study 
     shall consider at a minimum--
       (1) the effects of such accounting standards on a financial 
     institution's balance sheet;
       (2) the impacts of such accounting on bank failures in 
     2008;
       (3) the impact of such standards on the quality of 
     financial information available to investors;
       (4) the process used by the Financial Accounting Standards 
     Board in developing accounting standards;
       (5) the advisability and feasibility of modifications to 
     such standards; and
       (6) alternative accounting standards to those provided in 
     such Statement Number 157.
       (b) Report.--The Securities and Exchange Commission shall 
     submit to Congress a report of such study before the end of 
     the 90-day period beginning on the date of the enactment of 
     this Act containing the findings and determinations of the 
     Commission, including such administrative and legislative 
     recommendations as the Commission determines appropriate.

     SEC. 134. RECOUPMENT.

       Upon the expiration of the 5-year period beginning upon the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget, in consultation with the Director 
     of the Congressional Budget Office, shall submit a report to 
     the Congress on the net amount within the Troubled Asset 
     Relief Program under this Act. In any case where there is a 
     shortfall, the President shall submit a legislative proposal 
     that recoups from the financial industry an amount equal to 
     the shortfall in order to ensure that the Troubled Asset 
     Relief Program does not add to the deficit or national debt.

     SEC. 135. PRESERVATION OF AUTHORITY.

       With the exception of section 131, nothing in this Act may 
     be construed to limit the authority of the Secretary or the 
     Board under any other provision of law.

                  TITLE II--BUDGET-RELATED PROVISIONS

     SEC. 201. INFORMATION FOR CONGRESSIONAL SUPPORT AGENCIES.

       Upon request, and to the extent otherwise consistent with 
     law, all information used by the Secretary in connection with 
     activities authorized under this Act (including the records 
     to which the Comptroller General is entitled under this Act) 
     shall be made available to congressional support agencies (in 
     accordance with their obligations to support the Congress as 
     set out in their authorizing statutes) for the purposes of 
     assisting the committees of Congress with conducting 
     oversight, monitoring, and analysis of the activities 
     authorized under this Act.

     SEC. 202. REPORTS BY THE OFFICE OF MANAGEMENT AND BUDGET AND 
                   THE CONGRESSIONAL BUDGET OFFICE.

       (a) Reports by the Office of Management and Budget.--Within 
     60 days of the first exercise of the authority granted in 
     section 101(a), but in no case later than December 31, 2008, 
     and semiannually thereafter, the Office of Management and 
     Budget shall report to the President and the Congress--
       (1) the estimate, notwithstanding section 502(5)(F) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)(F)), as 
     of the first business day that is at least 30 days prior to 
     the issuance of the report, of the cost of the troubled 
     assets, and guarantees of the troubled assets, determined in 
     accordance with section 123;
       (2) the information used to derive the estimate, including 
     assets purchased or guaranteed, prices paid, revenues 
     received, the impact on the deficit and debt, and a 
     description of any outstanding commitments to purchase 
     troubled assets; and
       (3) a detailed analysis of how the estimate has changed 
     from the previous report.

     Beginning with the second report under subsection (a), the 
     Office of Management and Budget shall explain the differences 
     between the Congressional Budget Office estimates delivered 
     in accordance with subsection (b) and prior Office of 
     Management and Budget estimates.
       (b) Reports by the Congressional Budget Office.--Within 45 
     days of receipt by the Congress of each report from the 
     Office of Management and Budget under subsection (a), the 
     Congressional Budget Office shall report to the Congress the 
     Congressional Budget Office's assessment of the report 
     submitted by the Office of Management and Budget, including--
       (1) the cost of the troubled assets and guarantees of the 
     troubled assets,
       (2) the information and valuation methods used to calculate 
     such cost, and
       (3) the impact on the deficit and the debt.
       (c) Financial Expertise.--In carrying out the duties in 
     this subsection or performing analyses of activities under 
     this Act, the Director of the Congressional Budget Office may 
     employ personnel and procure the services of experts and 
     consultants.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to produce 
     reports required by this section.

[[Page 23097]]



     SEC. 203. ANALYSIS IN PRESIDENT'S BUDGET.

       (a) In General.--Section 1105(a) of title 31, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(35) as supplementary materials, a separate analysis of 
     the budgetary effects for all prior fiscal years, the current 
     fiscal year, the fiscal year for which the budget is 
     submitted, and ensuing fiscal years of the actions the 
     Secretary of the Treasury has taken or plans to take using 
     any authority provided in the Emergency Economic 
     Stabilization Act of 2008, including--
       ``(A) an estimate of the current value of all assets 
     purchased, sold, and guaranteed under the authority provided 
     in the Emergency Economic Stabilization Act of 2008 using 
     methodology required by the Federal Credit Reform Act of 1990 
     (2 U.S.C. 661 et seq.) and section 123 of the Emergency 
     Economic Stabilization Act of 2008;
       ``(B) an estimate of the deficit, the debt held by the 
     public, and the gross Federal debt using methodology required 
     by the Federal Credit Reform Act of 1990 and section 123 of 
     the Emergency Economic Stabilization Act of 2008;
       ``(C) an estimate of the current value of all assets 
     purchased, sold, and guaranteed under the authority provided 
     in the Emergency Economic Stabilization Act of 2008 
     calculated on a cash basis;
       ``(D) a revised estimate of the deficit, the debt held by 
     the public, and the gross Federal debt, substituting the 
     cash-based estimates in subparagraph (C) for the estimates 
     calculated under subparagraph (A) pursuant to the Federal 
     Credit Reform Act of 1990 and section 123 of the Emergency 
     Economic Stabilization Act of 2008; and
       ``(E) the portion of the deficit which can be attributed to 
     any action taken by the Secretary using authority provided by 
     the Emergency Economic Stabilization Act of 2008 and the 
     extent to which the change in the deficit since the most 
     recent estimate is due to a reestimate using the methodology 
     required by the Federal Credit Reform Act of 1990 and section 
     123 of the Emergency Economic Stabilization Act of 2008.''
       (b) Consultation.--In implementing this section, the 
     Director of Office of Management and Budget shall consult 
     periodically, but at least annually, with the Committee on 
     the Budget of the House of Representatives, the Committee on 
     the Budget of the Senate, and the Director of the 
     Congressional Budget Office.
       (c) Effective Date.--This section and the amendment made by 
     this section shall apply beginning with respect to the fiscal 
     year 2010 budget submission of the President.

     SEC. 204. EMERGENCY TREATMENT.

       All provisions of this Act are designated as an emergency 
     requirement and necessary to meet emergency needs pursuant to 
     section 204(a) of S. Con. Res 21 (110th Congress), the 
     concurrent resolution on the budget for fiscal year 2008 and 
     rescissions of any amounts provided in this Act shall not be 
     counted for purposes of budget enforcement.

                       TITLE III--TAX PROVISIONS

     SEC. 301. GAIN OR LOSS FROM SALE OR EXCHANGE OF CERTAIN 
                   PREFERRED STOCK.

       (a) In General.--For purposes of the Internal Revenue Code 
     of 1986, gain or loss from the sale or exchange of any 
     applicable preferred stock by any applicable financial 
     institution shall be treated as ordinary income or loss.
       (b) Applicable Preferred Stock.--For purposes of this 
     section, the term ``applicable preferred stock'' means any 
     stock--
       (1) which is preferred stock in--
       (A) the Federal National Mortgage Association, established 
     pursuant to the Federal National Mortgage Association Charter 
     Act (12 U.S.C. 1716 et seq.), or
       (B) the Federal Home Loan Mortgage Corporation, established 
     pursuant to the Federal Home Loan Mortgage Corporation Act 
     (12 U.S.C. 1451 et seq.), and
       (2) which--
       (A) was held by the applicable financial institution on 
     September 6, 2008, or
       (B) was sold or exchanged by the applicable financial 
     institution on or after January 1, 2008, and before September 
     7, 2008.
       (c) Applicable Financial Institution.--For purposes of this 
     section:
       (1) In general.--Except as provided in paragraph (2), the 
     term ``applicable financial institution'' means--
       (A) a financial institution referred to in section 
     582(c)(2) of the Internal Revenue Code of 1986, or
       (B) a depository institution holding company (as defined in 
     section 3(w)(1) of the Federal Deposit Insurance Act (12 
     U.S.C. 1813(w)(1))).
       (2) Special rules for certain sales.--In the case of--
       (A) a sale or exchange described in subsection (b)(2)(B), 
     an entity shall be treated as an applicable financial 
     institution only if it was an entity described in 
     subparagraph (A) or (B) of paragraph (1) at the time of the 
     sale or exchange, and
       (B) a sale or exchange after September 6, 2008, of 
     preferred stock described in subsection (b)(2)(A), an entity 
     shall be treated as an applicable financial institution only 
     if it was an entity described in subparagraph (A) or (B) of 
     paragraph (1) at all times during the period beginning on 
     September 6, 2008, and ending on the date of the sale or 
     exchange of the preferred stock.
       (d) Special Rule for Certain Property Not Held on September 
     6, 2008.--The Secretary of the Treasury or the Secretary's 
     delegate may extend the application of this section to all or 
     a portion of the gain or loss from a sale or exchange in any 
     case where--
       (1) an applicable financial institution sells or exchanges 
     applicable preferred stock after September 6, 2008, which the 
     applicable financial institution did not hold on such date, 
     but the basis of which in the hands of the applicable 
     financial institution at the time of the sale or exchange is 
     the same as the basis in the hands of the person which held 
     such stock on such date, or
       (2) the applicable financial institution is a partner in a 
     partnership which--
       (A) held such stock on September 6, 2008, and later sold or 
     exchanged such stock, or
       (B) sold or exchanged such stock during the period 
     described in subsection (b)(2)(B).
       (e) Regulatory Authority.--The Secretary of the Treasury or 
     the Secretary's delegate may prescribe such guidance, rules, 
     or regulations as are necessary to carry out the purposes of 
     this section.
       (f) Effective Date.--This section shall apply to sales or 
     exchanges occurring after December 31, 2007, in taxable years 
     ending after such date.

     SEC. 302. SPECIAL RULES FOR TAX TREATMENT OF EXECUTIVE 
                   COMPENSATION OF EMPLOYERS PARTICIPATING IN THE 
                   TROUBLED ASSETS RELIEF PROGRAM.

       (a) Denial of Deduction.--Subsection (m) of section 162 of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new paragraph:
       ``(5) Special rule for application to employers 
     participating in the troubled assets relief program.--
       ``(A) In general.--In the case of an applicable employer, 
     no deduction shall be allowed under this chapter--
       ``(i) in the case of executive remuneration for any 
     applicable taxable year which is attributable to services 
     performed by a covered executive during such applicable 
     taxable year, to the extent that the amount of such 
     remuneration exceeds $500,000, or
       ``(ii) in the case of deferred deduction executive 
     remuneration for any taxable year for services performed 
     during any applicable taxable year by a covered executive, to 
     the extent that the amount of such remuneration exceeds 
     $500,000 reduced (but not below zero) by the sum of--

       ``(I) the executive remuneration for such applicable 
     taxable year, plus
       ``(II) the portion of the deferred deduction executive 
     remuneration for such services which was taken into account 
     under this clause in a preceding taxable year.

       ``(B) Applicable employer.--For purposes of this 
     paragraph--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `applicable employer' means any employer from whom 1 or 
     more troubled assets are acquired under a program established 
     by the Secretary under section 101(a) of the Emergency 
     Economic Stabilization Act of 2008 if the aggregate amount of 
     the assets so acquired for all taxable years exceeds 
     $300,000,000.
       ``(ii) Disregard of certain assets sold through direct 
     purchase.--If the only sales of troubled assets by an 
     employer under the program described in clause (i) are 
     through 1 or more direct purchases (within the meaning of 
     section 113(c) of the Emergency Economic Stabilization Act of 
     2008), such assets shall not be taken into account under 
     clause (i) in determining whether the employer is an 
     applicable employer for purposes of this paragraph.
       ``(iii) Aggregation rules.--Two or more persons who are 
     treated as a single employer under subsection (b) or (c) of 
     section 414 shall be treated as a single employer, except 
     that in applying section 1563(a) for purposes of either such 
     subsection, paragraphs (2) and (3) thereof shall be 
     disregarded.
       ``(C) Applicable taxable year.--For purposes of this 
     paragraph, the term `applicable taxable year' means, with 
     respect to any employer--
       ``(i) the first taxable year of the employer--

       ``(I) which includes any portion of the period during which 
     the authorities under section 101(a) of the Emergency 
     Economic Stabilization Act of 2008 are in effect (determined 
     under section 120 thereof), and
       ``(II) in which the aggregate amount of troubled assets 
     acquired from the employer during the taxable year pursuant 
     to such authorities (other than assets to which subparagraph 
     (B)(ii) applies), when added to the aggregate amount so 
     acquired for all preceding taxable years, exceeds 
     $300,000,000, and

       ``(ii) any subsequent taxable year which includes any 
     portion of such period.
       ``(D) Covered executive.--For purposes of this paragraph--
       ``(i) In general.--The term `covered executive' means, with 
     respect to any applicable taxable year, any employee--

       ``(I) who, at any time during the portion of the taxable 
     year during which the authorities under section 101(a) of the 
     Emergency Economic Stabilization Act of 2008 are in effect 
     (determined under section 120 thereof), is the chief 
     executive officer of the applicable employer or the chief 
     financial officer of

[[Page 23098]]

     the applicable employer, or an individual acting in either 
     such capacity, or
       ``(II) who is described in clause (ii).

       ``(ii) Highest compensated employees.--An employee is 
     described in this clause if the employee is 1 of the 3 
     highest compensated officers of the applicable employer for 
     the taxable year (other than an individual described in 
     clause (i)(I)), determined--

       ``(I) on the basis of the shareholder disclosure rules for 
     compensation under the Securities Exchange Act of 1934 
     (without regard to whether those rules apply to the 
     employer), and
       ``(II) by only taking into account employees employed 
     during the portion of the taxable year described in clause 
     (i)(I).

       ``(iii) Employee remains covered executive.--If an employee 
     is a covered executive with respect to an applicable employer 
     for any applicable taxable year, such employee shall be 
     treated as a covered executive with respect to such employer 
     for all subsequent applicable taxable years and for all 
     subsequent taxable years in which deferred deduction 
     executive remuneration with respect to services performed in 
     all such applicable taxable years would (but for this 
     paragraph) be deductible.
       ``(E) Executive remuneration.--For purposes of this 
     paragraph, the term `executive remuneration' means the 
     applicable employee remuneration of the covered executive, as 
     determined under paragraph (4) without regard to 
     subparagraphs (B), (C), and (D) thereof. Such term shall not 
     include any deferred deduction executive remuneration with 
     respect to services performed in a prior applicable taxable 
     year.
       ``(F) Deferred deduction executive remuneration.--For 
     purposes of this paragraph, the term `deferred deduction 
     executive remuneration' means remuneration which would be 
     executive remuneration for services performed in an 
     applicable taxable year but for the fact that the deduction 
     under this chapter (determined without regard to this 
     paragraph) for such remuneration is allowable in a subsequent 
     taxable year.
       ``(G) Coordination.--Rules similar to the rules of 
     subparagraphs (F) and (G) of paragraph (4) shall apply for 
     purposes of this paragraph.
       ``(H) Regulatory authority.--The Secretary may prescribe 
     such guidance, rules, or regulations as are necessary to 
     carry out the purposes of this paragraph and the Emergency 
     Economic Stabilization Act of 2008, including the extent to 
     which this paragraph applies in the case of any acquisition, 
     merger, or reorganization of an applicable employer.''.
       (b) Golden Parachute Rule.--Section 280G of the Internal 
     Revenue Code of 1986 is amended--
       (1) by redesignating subsection (e) as subsection (f), and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Special Rule for Application to Employers 
     Participating in the Troubled Assets Relief Program.--
       ``(1) In general.--In the case of the severance from 
     employment of a covered executive of an applicable employer 
     during the period during which the authorities under section 
     101(a) of the Emergency Economic Stabilization Act of 2008 
     are in effect (determined under section 120 of such Act), 
     this section shall be applied to payments to such executive 
     with the following modifications:
       ``(A) Any reference to a disqualified individual (other 
     than in subsection (c)) shall be treated as a reference to a 
     covered executive.
       ``(B) Any reference to a change described in subsection 
     (b)(2)(A)(i) shall be treated as a reference to an applicable 
     severance from employment of a covered executive, and any 
     reference to a payment contingent on such a change shall be 
     treated as a reference to any payment made during an 
     applicable taxable year of the employer on account of such 
     applicable severance from employment.
       ``(C) Any reference to a corporation shall be treated as a 
     reference to an applicable employer.
       ``(D) The provisions of subsections (b)(2)(C), (b)(4), 
     (b)(5), and (d)(5) shall not apply.
       ``(2) Definitions and special rules.--For purposes of this 
     subsection:
       ``(A) Definitions.--Any term used in this subsection which 
     is also used in section 162(m)(5) shall have the meaning 
     given such term by such section.
       ``(B) Applicable severance from employment.--The term 
     `applicable severance from employment' means any severance 
     from employment of a covered executive--
       ``(i) by reason of an involuntary termination of the 
     executive by the employer, or
       ``(ii) in connection with any bankruptcy, liquidation, or 
     receivership of the employer.
       ``(C) Coordination and other rules.--
       ``(i) In general.--If a payment which is treated as a 
     parachute payment by reason of this subsection is also a 
     parachute payment determined without regard to this 
     subsection, this subsection shall not apply to such payment.
       ``(ii) Regulatory authority.--The Secretary may prescribe 
     such guidance, rules, or regulations as are necessary--

       ``(I) to carry out the purposes of this subsection and the 
     Emergency Economic Stabilization Act of 2008, including the 
     extent to which this subsection applies in the case of any 
     acquisition, merger, or reorganization of an applicable 
     employer,
       ``(II) to apply this section and section 4999 in cases 
     where one or more payments with respect to any individual are 
     treated as parachute payments by reason of this subsection, 
     and other payments with respect to such individual are 
     treated as parachute payments under this section without 
     regard to this subsection, and
       ``(III) to prevent the avoidance of the application of this 
     section through the mischaracterization of a severance from 
     employment as other than an applicable severance from 
     employment.''.

       (c) Effective Dates.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply to taxable years ending on or after the date of the 
     enactment of this Act.
       (2) Golden parachute rule.--The amendments made by 
     subsection (b) shall apply to payments with respect to 
     severances occurring during the period during which the 
     authorities under section 101(a) of this Act are in effect 
     (determined under section 120 of this Act).

     SEC. 303. EXTENSION OF EXCLUSION OF INCOME FROM DISCHARGE OF 
                   QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.

       (a) Extension.--Subparagraph (E) of section 108(a)(1) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``January 1, 2010'' and inserting ``January 1, 2013''.
       (b) Effective Date.--The amendment made by this subsection 
     shall apply to discharges of indebtedness occurring on or 
     after January 1, 2010.

  The SPEAKER pro tempore. Pursuant to House Resolution 1517, the 
gentleman from Massachusetts (Mr. Frank) and the gentleman from Alabama 
(Mr. Bachus) each will control 90 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. FRANK of Massachusetts. Madam Speaker, I ask unanimous consent 
that all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on H.R. 3997.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield myself such time 
as I may consume.
  Madam Speaker, rarely have the Members had so many reasons for 
wishing we weren't here.
  First, it's a couple of days into what was supposed to be the time 
when Members can return to their districts to engage in campaigning. 
Members had a number of important events scheduled with their 
constituents, with their families, with others that have already had to 
be cancelled, and we are into the third day of that.
  Secondly, Members would rather not be here because this is a tough 
vote. This is a vote where many of us feel that the national interest 
requires us to do something which is in many ways unpopular because 
what we are talking about, to many of us, is the need to act to avoid 
something worse from happening than is already happening.

                              {time}  0930

  It is hard to get political credit for avoiding something that hasn't 
yet happened but you think is going to happen.
  Most of all, though, we regret being here because we all deeply 
regret the economic conditions which have made this decision day 
necessary. No one is happy that we have seen the failures that we have 
seen in our economic system. We differ as to whether or not those 
failures, as they have had a cumulative effect, require us to act. I 
believe it is possible to debate whether or not 2 weeks ago it was 
necessary to act quickly. I believe that it was. The bad news 
continues. There has been a lack of confidence in the financial system 
that is pervasive. Unfortunately, a lack of sensible regulation allowed 
the financial system to get itself into a position where so many people 
owe other people so much more money than they have or can reasonably be 
expected to get, that as confidence ebbs and people are called upon to 
make good on promises they should never have made, we face a declining 
cycle of activity.
  People have said, well, you're bailing out Wall Street. The people in 
the financial industry who made a lot of money still have it. Their 
institutions

[[Page 23099]]

may not have it, but they do. No high executive of a failed institution 
will be showing up soon at the unemployment office. None of them will 
be hurting. They will be fine personally. The people who will be hurt, 
in our judgment, are those who are trying to buy or sell cars, because 
there won't be credit for the automobile industry. There won't be 
ability to refinance your house or buy a house because there won't be 
any money there for any purchase that requires credit of any size, 
people will get hurt and it will have a cumulative effect.
  Now you might have argued that the tremendous lack of confidence that 
is causing this over-leveraging to be a problem would not have had to 
be addressed a week ago. But let's remember what happened. Ten days 
ago, on Thursday, not far from here, in the office of the Speaker, the 
bipartisan congressional leadership and those of us who have leadership 
roles in the Financial Services and the Banking Committees were asked 
to meet with the Secretary of the Treasury and the Chairman of the 
Federal Reserve. In our country, under our system, the executive has a 
lot of the initiative. We have an ability to shape. We have an ability 
to respond. But in emergency situations--let's be clear--the initiative 
is inevitably with the executive. And the two leading appointees of 
President Bush concerned with economic activities, the people the 
financial community looks to, came to us and said, you need to give us 
this authority, and if you don't give it to us very quickly, there will 
be a disaster.
  We have not given it to them as quickly as they asked because we felt 
that we needed, even if we agreed with the premise of the need for 
action, that we had to make some improvements. And we have made many of 
them, not as many as I would like, but we have made many of them. But 
we were able to do that, I believe, because we have been able to show 
progress.
  At all times from the time they came on Thursday night, this body has 
been engaged. I have been here 27, 28 years. I have never seen a piece 
of legislation which was so open to Member participation in which there 
has been so much discussion. People have said, not enough time is being 
spent. Well, let me say this. The hours spent on this bill exceed the 
hours spent on most bills. And the staffs of the committee I chair, of 
other committees of Members, have done extraordinary work. What we have 
done is substantially change what they have done, but we have been able 
to say at all points that we're making progress.
  Today is decision day. I wish it weren't the case. But I am convinced 
that if we defeat this bill today, it will be a very bad day for the 
financial sector of the American economy. And the people who will feel 
the pain are not the top bankers and the top corporate executives, but 
average Americans. They don't see it yet. And pain averted is not a 
basis on which you get a lot of gratitude. But that is what is coming 
if we do not do something today, in my judgment, positive. If this bill 
dies, I think we get negative.
  And again part of the reason is this--and I disagree with Secretary 
Paulson and Chairman Bernanke on some policy issues. I regard them both 
as men of high integrity and total commitment to the national interest. 
And I believe they are absolutely and legitimately convinced about 
this. And by the way, they cannot, in my judgment, be accused of 
excessive pessimism. If anything, they can be accused of being too 
optimistic. Because you will recall that beginning with the Bear 
Stearns intervention, they have tried a series of interventions much 
less intrusive than this and they haven't worked. These are not men 
whose first impulse was to do something this broad. These are men whose 
experience was that something systemic was required because, again, of 
the depths of the problem.
  Let's not forget the cause as we debate the consequence. The cause 
was too little regulation and the financial market getting itself into 
serious trouble. And now we have to, through government action, work 
with them to clean this up. And by the way, we have committed, I think 
almost everybody in this Chamber, certainly a large majority, that next 
year we will put in place the kind of regulations that we wish we had 
had before so this won't recur. So nobody needs to worry that we do 
this once and we will have to do it again another time and another 
time. We know how, I believe, to prevent this from recurring. But that 
doesn't help us as we deal with it today.
  And the point is this: No matter what you thought about the crisis 10 
days ago, when these two internationally respected highest officials of 
the Bush administration of the greatest economic power in the world 
come up and say, if you don't do this, we will have a crisis, then even 
if that hadn't been true before, they have made it more true. And I 
don't accuse them of doing it for that reason. That is just the 
reality.
  If we repudiate George Bush's Secretary of the Treasury and Chairman 
of the Federal Reserve, joined as they were by previous Secretaries of 
the Treasury, if we repudiate them and say, nah, calm down, we'll get 
over it, I believe the consequences will be severe.
  So I hope that this bill is passed. It is a first step. We have a 
task next year to do with regulation. We have oversight that must be 
done about how we got here. But here is the choice: George Bush's two 
chief economic officials have said to us, if you do not act, there will 
be terrible, negative consequences for the financial sector, and they 
will very soon exacerbate an economy that is already troubled, that 
already has 6 percent unemployment and is on track already to lose more 
than 1 million private sector jobs in the year. If we add to this 
weakened economy, and this is the headline, ``The House Repudiates Top 
Economic Advisers,'' there is nothing, I believe, that will then stand 
between us and--it's not the end of the world, this is a strong 
country, people will still get up the next morning and still send their 
kids to school, but fewer of them will be going to work. And fewer of 
them will be buying cars. And fewer of them will be able to refinance 
their homes. And the consequences will be a much more dismal near 
economic future for the United States.
  So I hope the bill passes.
  I reserve the balance of my time.
  Mr. BACHUS. I yield such time to the gentleman from California as he 
may consume.
  Mr. GARY G. MILLER of California. Madam Speaker, as Chairman Frank 
said, I have yet to talk to a Member who wants to have to vote on this 
today. This is probably the toughest vote any of us have taken since we 
have been in Congress. And if you just solely rely on the telephone 
calls we are getting from home and listen to people who really don't 
understand the complexity of our marketplace and what we are trying to 
deal with here, the easiest vote for you to make would be a ``no'' vote 
today. But you have to go beyond that. You have to say what happens to 
the family next week who wants to buy a house and they can't get a 
loan? What happens to the family next week who wants to get a car loan 
and they can't get a car loan? Or they want to send their kids to the 
university and they go to get a student loan, and there are no loans 
available?
  And right now when the marketplace is running as it is, people say, 
well, that is not likely to happen. But if you look at the systemic 
problem we have in the marketplace, there is a probability that it 
could happen.
  Now we can roll dice today. We can say, let's not vote, and let's 
hope everything goes okay. And for Members, it's a very difficult 
situation. They say, if I vote for this bill and the bill passes and 
the marketplace does not crash and it continues and it improves, people 
are going to be mad at me because I voted to continue the process they 
think is bad. If you vote ``no'' on this bill and we have a crash in 
the marketplace and illiquidity occurs and people go to get loans, the 
businessman who normally relies on his loans to make payroll, he goes 
to the bank and the bank says, like the bank said to McDonald's, we 
will no longer fund expansion of McDonald's, which is the

[[Page 23100]]

largest fast-food chain in the United States, when that occurs, then 
the Member has to say, what is the consequence to voting ``no'' for 
this bill? So it's almost a catch-22. You're darned if you do, and 
you're darned if you don't.
  There are some things in this bill that I think should have happened 
earlier. We are having mark-to-market that deals specifically with 
assets banks have to hold that are devalued. Chairman Bernanke said 
last week, accounting rules require banks to value many assets at 
something close to very low fire-sale prices rather than at hold-to-
maturity prices, which is not unreasonable in its given face of 
illiquidity. Banks are forced today to write down the value of the 
assets they have and set huge reserves aside for losses they have 
already taken.
  The bad thing about this, I put language into the housing bill in 
April as an amendment. It came out of this House and went to the 
Senate. When the bill came back from the Senate, that language 
mysteriously disappeared. We could have done that then and perhaps not 
be quite in the situation we're in today.
  The subprime marketplace that people are angry about today, the 
subprime marketplace is a good marketplace. But when you mix predatory 
lending in the market, it's bad. When you make loans to people when a 
trigger kicks in in the interest rate that they cannot make, you have 
committed a predatory loan. We should have defined that in law 4 or 5 
years ago. But we did not.
  If you look at the rates of interest today, they have been held down 
so low that the euro in recent years has increased in value 
dramatically, and the result of commodity prices in the U.S. is that 
oil, grain, coal, metal, and currency premiums are basically suffering 
a 20 to 30 percent hit.
  If you look at the marketplace today, the declining home prices we've 
had out there today, and the subprime loans that they're going to be 
buying, they are going to be buying them at 40 percent of market value. 
And if you look at what is happening on the prime loans, which are good 
loans, they are only worth 90 percent of market value.
  Members today need to look at what we're doing. Are we going to 
change the market or are we going to let the market continue to decline 
and roll dice and say perhaps nothing will happen? I think there is 
something we need to do in the coming months that really bothers me 
that is not in this bill. I think we need to look at public-private 
partnerships involving local communities, investors, in these assets we 
buy and basically maximizing the benefit and the value of these assets. 
If we involve the local people in what we're doing here, they will put 
their assets with the assets of the Federal Government, increasing the 
benefit to the marketplace and ensuring that the yield to these 
investments will produce a profit. What we don't want to have happen is 
like what happened during the savings and loan debacle where assets 
were bought by the Federal Government, dumped on the marketplace at low 
prices, calling the market to continually decline farther than it had 
currently done, and end up with a worse problem than we face.
  Members need to look at what we're doing today. Some Members have 
worked very, very hard to come up with a compromise package that we 
believe is not pleasing either side. The Democrats are not happy. The 
Republicans are not happy. But it is something that is going to work. 
We need to look at that. We need to weigh our conscience for what is 
best for our community and what is best for our country. And we need to 
vote what is right for this Nation.
  Mr. FRANK of Massachusetts. I yield 3 minutes to one of the most 
thoughtful members of our committee and a gentleman who represents in 
North Carolina one of the banking centers and has a great deal of 
knowledge of the subject under discussion, the gentleman from North 
Carolina (Mr. Watt).
  Mr. WATT. I thank the gentleman for yielding time.
  There is probably no worse instance to be doing legislation than 
having to do it in response to a crisis. Legislating to clean up a mess 
is just not as fun as it is if you do something thoughtfully looking 
forward to try to prevent a mess from occurring.
  And we've been, for the last several years, trying to legislate. We 
had predatory lending legislation. We've been on the forefront of that. 
But we've been having difficulty getting people to recognize that a 
crisis was coming if we didn't respond to cut back on irresponsibility 
in the market.
  There are two problems here. The first is, is there a real crisis 
that needs to be responded to? And that is really the question that I 
have gotten a lot more calls from my constituents about. The second 
issue of course is what do you do about it if there is a crisis? So let 
me talk about the first of those first. Is there a crisis? And that 
question I really don't have an answer for other than the answer that 
we were given by the Secretary of the Treasury and the Chairman of the 
Federal Reserve 1 week ago Thursday which was that we are in a real 
crisis situation that could mushroom into something worse than the 
Great Depression.
  It's not my responsibility as an individual Member of Congress to go 
and prove that. But when the Secretary of the Treasury and the Chairman 
of the Federal Reserve tell me that there is a real problem, the stakes 
become too high for me not to take it seriously. It's not my 
responsibility to go and convince the American people, and I wish we 
had a President that had enough communication skills and enough 
credibility with the American people to convince them that there is a 
real problem. Unfortunately, that burden hadn't been carried 
sufficiently by the administration.

                              {time}  0945

  But I am convinced that the odds are bad enough that if we don't do 
something today, we will regret it for a long, long time to come. 
Having jumped across that threshold, we have shaped this package as 
responsibly as we can shape it, and I encourage my colleagues to 
support the bill.
  Mr. BACHUS. Madam Speaker, I yield to the gentleman from California 
(Mr. Lewis) for the purpose of making a unanimous consent request.
  Mr. LEWIS of California. Madam Speaker, I rise in support of the 
measure before us.
  Madam Speaker, there is a sense of urgency in the Capitol. We all 
know that this urgency is real: we have seen the largest U.S. bank 
failure in history, the demise of century-old Wall Street firms, and a 
nearly total freeze of our credit system.
  Everyone, Republican and Democrat, is keenly aware that our economy 
is in dire straits. It seems increasingly clear that unless we in 
Congress allow the Federal Government to take bold steps, we are facing 
a serious recession or worse.
  Treasury Chief Henry Paulson--backed by President Bush--has laid out 
a plan that would commit up to $700 billion to relieve the pressure on 
the credit system by buying bad mortgage debts and other ``toxic 
assets.''
  The American people are rightly furious that their tax dollars will 
go to ``reward'' the businesses and business people who they believe 
got us into this mess. Most who have called my office forcefully said 
``I've paid my bills, I shouldn't have to pay their bills, too.''
  Frankly, I'm furious, also. The idea of spending taxpayer dollars to 
prop up risky investments keeps me awake at night. It goes against all 
the principles I have lived by--personal responsibility, smaller 
government, reliance on the free market.
  But we cannot afford to simply look at this as angry taxpayers who 
believe we should just let the greed gamblers fail. The stakes are too 
great for that.
  Uncle Sam has been involved in controversial bailouts before. There 
was the bailout of Chrysler in the '80s and later of Mexico in the 
'90s. On the optimistic side, in both instances, the dollars delivered 
were repaid including interest. Thus, some suggest that as our own 
marketplace improves, these bailouts could very well be repaid and 
perhaps even lead to some profits.
  Earlier this week Chairman Bernanke reminded us that Wall Street is 
an abstraction. The internal credit markets that allow banks to borrow 
money from each other are hard to understand for our constituents--and 
for most of us, as well. I have heard constituents--and some members--
say we shouldn't worry about the lack of credit between banks.

[[Page 23101]]

  But the failure of our credit system has broad. implications, not 
only for the high rollers in Manhattan, but also for the families and 
small businesses of the Inland Empire.
  When local business owners do not have cash today for payroll but 
know they will in the future, they can turn to their bank and get a 
short-term loan to pay their employees, stay open and help build the 
local economy.
  When families do not have cash to buy a home or a car, they turn to 
their bank to get a mortgage, create wealth and help build the local 
economy.
  When high school students do not have cash to pay for college, they 
turn to their bank to get a student loan. When those students graduate, 
they enter the workforce and help build the local economy.
  When banks stop lending between themselves, they soon stop lending to 
everyone else and economic expansion at the local level stops. The 
crisis on Wall Street becomes the crisis on Main Street.
  The liquidity crisis is a linchpin of the broader economic crisis 
facing our constituents. This crisis has already hit our seniors in 
retirement and those looking at retirement. Even savvy retirement age 
constituents who made sound investment choices are not immune to our 
current market downturn. Should we refuse to act swiftly, those who 
rely on investment income and do not have the luxury of time to wait 
for long-term market adjustments will have even less money for food, 
housing and medical needs.
  In my own district and yours, we are seeing clear signs that a 
downturn in the financial markets impacts city and county investments 
and puts important public projects at risk. Can we afford to increase 
that risk to local growth?
  There is no question that investing in the market also poses risks, 
but if we can reduce market uncertainty, those risks are reduced for 
everyone. That is the only way to protect the investments made by 
seniors who built our economy's foundation and localities serving our 
constituents.
  Allowing the markets to crash and leaving Wall Street to its own 
devices does punish the decisionmakers who fueled this crisis. But we 
all know it won't stop there. Millions of Americans will suffer the 
consequences, even those who felt they were being careful with their 
retirement nest egg.
  There is no question that we in Congress must move deliberately and 
do everything we can to reduce or eliminate the risk to taxpayer funds. 
And whatever action is taken by Congress, we must make certain that 
those who got us into this mess do not profit further from the 
solutions we develop.
  But we cannot avoid risk. Ultimately, we must face the realization 
that doing nothing will cause a potential catastrophe, and the 
suffering won't be felt just on Wall Street. It will be on every Main 
Street in America.
  Mr. BACHUS. Madam Speaker, I yield such time as he may consume to the 
gentleman from Florida (Mr. Putnam).
  Mr. PUTNAM. Madam Speaker, I thank the gentleman from Alabama for 
yielding.
  There is an old Chinese proverb, ``may you live in interesting 
times,'' and these are interesting and remarkable times.
  In the past 2 weeks, we have seen the five largest investment banks 
in the United States be reduced to two. Last week, the largest bank in 
the United States failed. Over 2,000 branches spread out across this 
country, retail outlets where ordinary Americans, downtown merchants, 
farmers, students, seniors, savers relied on that bank to meet their 
needs, it failed last week. This morning, another major bank on the 
brink of collapse was purchased for $1 a share.
  Last week a money market fund announced that, for the first time, 
they had ``broken the buck,'' that they could not guarantee that every 
dollar you put into that money market account would be retrievable on 
your request, and a second major money market account announced that 
they were closing and not accepting any new deposits for fear of the 
same thing happening to them.
  Now, when you get beyond credit swaps and derivatives and all these 
complicated things that obviously not even the Wall Street traders who 
are engaging in them understood and start talking about the bank on the 
corner failing and the money market funds where every small business 
holds their payroll, where every saver is trying to wring out an extra 
half a point of interest, you have reached Main Street. You are now 
standing at the brink of a financial collapse that is well beyond the 
financial capitals of the world.
  I also failed to mention, since we are not just talking about an 
American problem, that this weekend alone, three of the largest banks 
in Europe either failed or were nationalized.
  So we live in interesting times, and we are watching one domino after 
another fall that are the pillars of our financial system here in the 
United States.
  Now, I tried to think of the right analogy, and it dawned on me that, 
being from Florida, we get a lot of hurricanes, and in 2004 we had 
three hurricanes come across Central Florida, my home, in nine weeks, 
bam, bam, bam. Then a year later we watched a storm come across Florida 
and build in the Gulf, and it got bigger and bigger and moved faster 
and faster and had a bull's eye on New Orleans, and I, like a lot of 
Americans, wondered why more people weren't leaving, why more people 
weren't heeding the warnings that were so obvious from the weather map 
of what was building into a monster in the Gulf of Mexico.
  If you have ever wondered why people don't get out of the way of an 
oncoming storm, a hurricane that is barreling down on top of you, 
despite days of notice, despite satellite imagery, despite all of the 
best advancements in communications, then you have to apply that same 
analogy to what we are seeing now; one bank after another failing, 
rolling out of New York, rolling out of Brussels, out of London, out of 
these places that seem so foreign, into our Main Streets, into our 
merchants' associations, into our farmer cooperatives.
  You are watching this happen. So how could you as a Member of 
Congress in seeing that roll across the countryside not do everything 
in your power to prevent it?
  The previous speaker made an outstanding reference to the fact that 
Congress is known for producing fairly bad legislation in the aftermath 
of a crisis. What we have before us today is an attempt to avert that 
crisis and all of the rushed legislation that would follow a collapse, 
the likes of which we have not seen in this country since the 1930s.
  This bill is a substantially different bill than what Secretary 
Paulson and the President sent up here a week ago. It is a better bill 
than what they sent up here, and it is a bipartisan bill.
  We talked about how remarkable these times are. Last week, two 
candidates who have spent 2 years, two difficult, hard-fought years 
looking for a way to beat the other one to become the next President of 
the United States, both hit the pause button and released a joint 
statement of principles in agreement that Congress needs to act to 
avert a financial collapse.
  This body has come together to produce a bill that is distasteful to 
most, that required both sides to give up many of the individual items 
that they thought would be helpful--pro-growth capital gains policies 
that Republicans thought would be helpful, affordable housing trust 
funds issues that the Democrats thought would be helpful, both gone 
from the draft of this bill--and instead focusing on the central goal, 
which is to avert the financial collapse that all of the experts and 
all of the evidence and all of the bank failures and all of the money 
market closings indicate is very possible if Congress doesn't act.
  So, by virtue of Congress coming together and improving the Paulson 
plan, by virtue of the people's elected representatives having the 
opportunity to weigh in on this issue and to hash out these problems 
and to work around the clock on the weekends to make this a better 
bill, it will not cost $700 billion, as has been widely reported in the 
original draft, for a variety of reasons; the potential upside of the 
assets that the government is buying, the insurance program.
  The most recent intervention that this Congress passed in the GSEs 
was estimated at $300 billion in costs. It was actually scored at $25 
billion in costs.
  So it is important that the taxpayers understand that because the 
Congress has moved forward on this issue, it will

[[Page 23102]]

be a smaller tab for the taxpayer. But it will be an effective 
intervention to restore the confidence necessary to avoid the kind of 
panic that we haven't seen in generations in this country.
  This is no longer the Paulson-President's plan. Because of the work 
that Chairman Frank and the Republican negotiators have done, this is a 
better bill; better for the taxpayer, no golden parachutes for CEO's 
who drive their companies into the ground and walk away with millions, 
none of the special interest projects that concerned so many people on 
our side.
  But, most importantly, the evidence is overwhelming that we must act. 
It is always difficult to compile legislation this complex under such a 
short timeframe, and we are up against a short timeframe because of the 
markets, because of the holidays, because of the natural calendar in 
our political cycle. The only thing worse than that is the kind of 
legislation that will result in the aftermath of the debris that 
remains after a financial collapse.
  So I stand here today willing to support this bipartisan compromise 
that has been hashed out over these last several days that is such an 
improvement over what we began with a week ago, but is so important to 
the financial architecture, not just of investment firms and 
speculators and people who got too cute by half with someone else's 
money, but someone who is willing to support this bill because it is so 
important to the seniors, the savers, the merchants and the farmers who 
need to understand that the confidence will be there in their banking 
system; that they don't have to withdraw their funds and stick them 
under the mattress; that our country's free market system is still the 
greatest in the world; and that this intervention will allow those 
credit markets to unlock and we will be able to unwind and deleverage 
this marketplace and move forward together.
  So I compliment my chairman, I compliment our Republican negotiators, 
Mr. Blunt and Mr. Cantor, and I urge my colleagues to support this 
bill.
  Mr. FRANK of Massachusetts. I thank the gentleman for his words, and 
I now recognize the gentlewoman from California (Ms. Woolsey) for 2\1/
2\ minutes.
  Ms. WOOLSEY. Thank you, Mr. Chairman, for allowing time for the 
opposition.
  There are some major questions, Madam Speaker, to be answered by a 
bailout package that fails to address the root cause of the financial 
crisis facing our Nation, one that does little or nothing to secure the 
underlying problem of mortgage foreclosure and economic suffering that 
hardworking Americans are facing every single day.
  Question one: Where is the comprehensive economic stimulus package 
that will assist 95 percent of the taxpayers, a package that includes 
unemployment benefits, food stamps, infrastructure investment, and, of 
course, foreclosure relief? Stability should come from the bottom up; 
an economic stimulus package that will allow those in foreclosure to 
pay their mortgages and stay in their homes, bringing value back to the 
mortgage-backed securities that are clogging the financial system.
  Question two: Why isn't Wall Street paying for the mess they created? 
By reinstating a one quarter of 1 percent surcharge on stock trades, we 
can raise nearly $150 billion a year from those who have actually 
caused this mess and profited from it also.
  Finally, question three: With only 3 months left of this current 
administration, why are we willing to even make available $700 billion 
to this administration? President Bush and Secretary Paulson have been 
wrong from the start on just about everything. If you think they will 
be responsible with this money, think again.
  I, for one, will be in opposition of this bailout with these major 
questions unanswered.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. McCotter).
  Mr. McCOTTER. I rise today not to change anyone's mind, but to 
express to my constituents my reasons for opposing this bill.
  There will always be time and pretext enough for people to compromise 
their principles and put forward poor public policy that may in the 
short run be popular, but in the wrong run will be detrimental to the 
long-term interests of the American people. We learn this through 
history.
  In the 1832 bank panics, Andrew Jackson had the question of whether 
he would remove the Bank of the United States' charter. The people in 
the bank did not like that. They threatened the prosperity of the 
American people. In the middle of the panic, Andrew Jackson looked at 
these bankers and he said, ``There are no necessary evils in 
government. The Treasury to you, gentlemen, is closed.''
  This was an act of courage on the part of President Jackson, because 
he understood what was at stake was not merely an ephemeral prosperity 
or a panic caused by the very people with their handout. Andrew Jackson 
understood this was about majoritarian rule; it was about the faith in 
the people's representative institutions and those who inhabit the 
seats in which they are entrusted.
  Today we are in a global financial bank panic. It is the first of our 
global economy. We are seeing a leveraged bailout of the United States 
Treasury. In the end, these interests that want your money are 
threatening your prosperity, and the choice you face is this: You will 
lose potentially your prosperity for a short period of time at the 
expense of your long-term liberty. Once the Federal Government has got 
you to take that risk and pass it on to you as a ``moral hazard,'' they 
will be in the marketplace. And as the free market is diminished, your 
freedom itself is diminished, and as your Congress does not stand up to 
these and put forward a better plan that truly protects the taxpayers, 
that truly has the long-term interests of the United States at heart, 
you will be in jeopardy of losing both your prosperity and your 
liberty.
  The choice is stark, and it was put forward in the book by 
Dostoevsky. In ``The Brothers Karamazov,'' the grand inquisitor came to 
Jesus and he said, ``If you wish to subject the people, give them 
miracle, mystery and authority; but above all, give them bread.''
  It has always been the temptation in a crisis especially to sacrifice 
liberty for short-term promises of prosperity, and it was no mistake 
that during the 1917 Bolshevik Revolution the slogan was ``peace, land 
and bread.''

                              {time}  1000

  Today you are being asked to choose between bread and freedom. I 
suggest that the people on Main Street have said that they prefer their 
freedom, and I am with them.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
gentleman from Virginia (Mr. Moran).
  Mr. MORAN of Virginia. Chairman Frank, thank you for trying to save 
America's economy. I don't know anyone who could have understood the 
intricacies of this bill, held your own with the Bush-Cheney 
administration on behalf of the taxpayer and navigated Congress' 
political waters as skillfully as you have. If this bill passes and the 
markets have stabilized, it will be to your credit and perhaps, more 
importantly, when the taxpayer reaps the benefit of this bill, they 
will look back to your leadership and your legacy.
  I want to say a word about that latter point. This is a good deal for 
the taxpayer, and let me explain why with the help of a current 
analysis from the staff of Barron's magazine. This is the time to be 
buying--when everyone else wants to sell. But the government is the 
only agency that can do so because we can borrow at 3 percent with no 
collateral requirement. There is such a gap today between today's panic 
prices and tomorrow's inherent value that the taxpayer is in an 
enviable position. But the Treasury must act as a proxy for the 
taxpayer. There's no alternative to that.
  Now, once we start buying tranches of securities, even with a third 
of the money authorized by this bill, the securities markets will 
bounce back and, more importantly, so will the value of residential 
real estate. Treasury is

[[Page 23103]]

likely to be buying mortgage debt at an average of 65 cents on the 
dollar. Since Treasury borrowing is about 3 percent with no collateral 
requirement, we will get about $35 billion in annual interest on $250 
billion or $70 billion on $500 billion from these mortgage securities 
because they will yield a net of about 7 to 8 percent return. I know 
those are just numbers but this is about numbers.
  More importantly, Treasury has the luxury of time. With proper 
oversight and regulatory discipline, markets will be back on their feet 
within a year and at that time the taxpayer is likely to recoup a 25 to 
30 percent nontaxable capital gain on many of these security packages, 
on top of the underlying maturity value.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FRANK of Massachusetts. I yield the gentleman an additional 
minute.
  Mr. MORAN of Virginia. Thank you, Mr. Frank.
  More importantly, American consumers, who are the real drivers of 
this economy, will be back in the drivers seat, able to borrow loans on 
businesses, cars, college and, most importantly, their homes.
  That is why we need to pass this bill now. Greed is the accelerator 
in a capitalist economy, but unless we're willing to tap on the 
regulatory brakes once in a while, the economy is going to crash. We 
learned that 75 years ago. Let us not repeat that mistake again. We 
need to put some fundamental disciplines into this market to turn us 
back in the right direction so that we can continue to be the most 
prosperous country in the world. But right now what we have to do is to 
steer this economy from the edge of the abyss. That's what this bill 
does and that's why we need to pass it today.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
Texas (Mr. Hensarling).
  Mr. HENSARLING. I thank the gentleman for yielding.
  Madam Speaker, this is clearly one of the most important votes that 
many of us will cast in our congressional careers. We are all concerned 
about the state of our economy. We are all concerned about the state of 
our capital markets. What has infected Wall Street may soon reach Main 
Street. Inaction has never been an option. But, again, the Paulson plan 
should never have been our only option. I fear other options, Madam 
Speaker, have never been considered seriously in the body. Although I 
certainly want to congratulate our ranking member, Spencer Bachus; our 
Republican leadership--Eric Cantor of Virginia, Paul Ryan of 
Wisconsin--for the work they've done to improve this bill, this is 
clearly a better bill, Madam Speaker, than it was a week ago, but 
that's not the relevant test. The relevant test is when you look at the 
good in the bill, when you look at the bad in the bill, does it take 
America in a direction that you believe America should go? By that 
test, Madam Speaker, I will vote ``no'' on this legislation.
  I fear this legislation before us is fraught with unintended 
consequences. I fear that ultimately it may not work. I fear that it is 
too much bailout and not enough workout. I fear that taxpayers may end 
up inheriting the mother of all debts. Now, some have come to the House 
floor and said, well, the taxpayer's going to make money on this. You 
know what, Madam Speaker: They may be right. I can tell you this much, 
Madam Speaker: as history as our guide, the taxpayer lost $200 billion 
on the S&L bailout. I can raid my neighbor's college fund for his 
children, go put it on a roulette table in Las Vegas, maybe I'll triple 
his money for him, but you know what, Madam Speaker, it's not a risk my 
neighbor voluntarily assumed.
  I fear that under this plan, ultimately the Federal Government will 
become the guarantor of last resort and, Madam Speaker, that does put 
us on the slippery slope to socialism. If you lose your ability to 
fail, soon you will lose your ability to succeed. That's why, Madam 
Speaker, House conservatives have put forth an alternative plan, and we 
are happy to work on it today and all next week. As important as it is 
to act quickly, it is more important to act rightly. We would hope this 
plan would get serious consideration.
  And, Madam Speaker, once it does, we hope that we can go on--that we 
can address the taxpayer crisis, as our fellow citizens are looking at 
the largest tax increase in American history; the spending crisis of an 
out-of-control Congress; the energy crisis where we see too many of our 
fellow citizens struggling to pay their bills.
  Madam Speaker, as we look at this legislation, and I respect all 
regardless of what side they come down on, if in doubt, err on the side 
of freedom.
  Mr. FRANK of Massachusetts. Madam Speaker, I now yield 3 minutes to 
the chairman of the Armed Services Committee, the gentleman from 
Missouri (Mr. Skelton).
  Mr. SKELTON. Madam Speaker, article 1, section 8, of the Constitution 
grants Congress the responsibility of raising and maintaining the 
military of our country. Our Founding Fathers were wise to put this 
power in the hands of Congress, the branch of our national government 
most closely connected to the American people. As chairman of the House 
Armed Services Committee, I take seriously Congress' role with respect 
to national security policy. In a series of recent committee hearings 
designed to study the need for a new comprehensive strategy for 
advancing American interests, it was evident that America must use all 
elements of national power--military, diplomatic, and economic--to 
remain the indispensable nation, acting as a consistent and ever-
present global force.
  If our economy were to falter, it would undercut America's global 
military and diplomatic strength. And it would be far more difficult 
for Congress, working with the President, to properly address our 
international challenges. It is through the lens of national security 
that I have examined the economic rescue bill before the Congress 
today.
  The economic crisis is real. Cash flow in the market has slowed, and 
some of America's top financial firms have failed. If action is not 
taken immediately, experts warn that the average American, including 
those in rural Missouri, will find it difficult or impossible to obtain 
credit for a mortgage, a car loan, a farm loan, a college loan or a 
small business loan, bringing economic activity to a standstill.
  At the request of the President of the United States, Congress has 
worked over the last week to build consensus around a bipartisan plan 
to stabilize the financial markets. Luckily, the bill being considered 
today bears little resemblance to the $700 billion blank check that the 
President initially requested back on September 20. That approach was 
totally unacceptable. So Congress improved it in a way that better 
protects the American taxpayers.
  Like many of the Fourth District residents from whom I have heard in 
the last week, I am angry that we find ourselves considering an 
economic rescue bill. But as I have studied the specifics of the 
crisis, I am convinced the consequences of inaction would be dire for 
America's economic and national security and for our country's overall 
standing in the world community.
  While I support this particular bill, I urge Congress to continue 
studying the economic turmoil we are facing and to consider additional 
legislative solutions to it. We must get to the bottom of what caused 
this crisis so that it does not happen again.
  Madam Speaker, I intend to vote in favor of this bill.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Culberson).
  Mr. CULBERSON. I thank the gentleman for yielding, and I want to 
point out that this legislation is giving us the choice between 
bankrupting our children or bankrupting a few of these big financial 
institutions on Wall Street that made bad decisions. Now, my daughter 
didn't do anything to deserve this. I know what the banks on Wall 
Street did.
  Look at the bill itself. Let me just point to a couple of sections in 
the brief 2 minutes that I've got to see that the Secretary of the 
Treasury is being given authority absolutely unprecedented in the 
history of this Nation.

[[Page 23104]]

We're essentially creating a King Henry here who is going to be able to 
buy any type of financial instrument he wants from any financial 
institution anywhere in the world, anywhere in the world owned by 
anybody, the Secretary can step in using his authority to buy any 
troubled asset he wishes--not just limited to residential mortgage-
backed securities--any financial instrument owned by any foreign 
entity, any American entity anywhere in the world and, quote, the 
Secretary is authorized to take such actions as the Secretary deems 
necessary to carry out this act.
  It is also unprecedented that you can't sue him to stop him. The 
judicial review section of this bill says that if you attempt to sue 
the Secretary, you can only overturn his decision if he does something 
that's arbitrary, capricious or an abuse of discretion, essentially 
something that's completely irrational. That's an absolutely 
unbelievable standard that gives the Secretary unbridled discretion, 
and you'll never be able to overturn or go after what he's doing in 
court.
  It also allows the Federal Government for the first time, quoting 
from the bill here, page 28, the Federal property manager who holds, 
owns or controls mortgages even has the authority to get into 
negotiating and changing the terms of individual mortgages. It is an 
unprecedented, unaffordable and unacceptable expansion of Federal power 
that our kids cannot afford, that we have never seen in the history of 
this country, and I urge the Members to remember that there's a better 
alternative.
  We, fiscal conservatives in the House, laid out sound alternatives 
that we need to take time to breathe and think about this and consider 
thoughtfully in committee. For example, just changing the mark-to-
market accounting rule would make a tremendous difference. We could go 
in and examine, for example, why don't we repeal the capital gains tax 
and take it to zero as they do in so many other successful economies?
  Don't vote to bankrupt our kids at the expense of saving some of the 
big Wall Street banks.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentleman from 
Texas (Mr. Doggett).
  Mr. DOGGETT. Thank you.
  Like the Iraq war and the PATRIOT Act, this bill is fueled by fear 
and hinges on haste. So much is missing. There is:
  No requirement that Wall Street pay a dime for the damage it caused 
or the cleanup cost; though a future President can request that 
Congress do what it declines to do today.
  No meaningful limitation on outrageous executive pay; like the war, 
there is no shared sacrifice; only rewards for the greedy and more 
burdens for the needy.
  No complete bar on American taxpayers having to bail out the Bank of 
China--and the entire world.
  No guarantee taxpayers will not be overcharged for buying toxic debts 
that no one else wants.
  No guarantee taxpayers get a fair share in future profits of those 
who are bailed out.
  Yes, every one of these concerns receives cosmetic attention in this 
bill. Not even Avon or Mary Kay can compete with the cosmetics in this 
bill. It's 100 pages--much better indeed--but three pages of what 
Secretary Paulson would do and 97 pages of what Secretary Paulson could 
do, plus excuses for approving most of his three pages.

                              {time}  1015

  It aspires, but it seldom requires. All of us want to avoid further 
economic deterioration. Action or inaction today—that is a false 
choice. It is a matter of having never seriously considered any 
alternative in these negotiations to handing over $700 billion to the 
same Bush Administration that has done so much to create this crisis, 
so little to prevent it, and for whom the vultures have now come home 
to roost.
  Congressman Lloyd Doggett's assertions about the shortcomings of the 
legislation are supported by the following citations to the bill:
  (1) ``No requirement that Wall Street pay a dime.'' Section 134 
(After 5 years, the President need only submit a proposal, which he may 
or may not support, to Congress, which it may or may not approve, for 
recouping any shortfall from the financial industry.)
  (2) ``No meaningful limitation on outrageous executive pay.'' See 
Section 111 (Providing limited and vague restrictions on executive 
compensation and golden parachute payments. Even these very modest 
provisions apply only during the period of the bailout or as long as 
the Treasury actually holds the company's debt or equity.)
  (3) ``No bar on American taxpayers having to bailout the Bank of 
China.'' See Section 101(e) (Includes no prohibition on any American 
institution acquiring troubled assets owned by foreign institutions and 
reselling them to the Treasury.); Section 3(9) (Subsection (a) defines 
bailout-qualified ``troubled assets'' as mortgage-related securities 
created before March 14, 2008, but then subsection (b) then grants 
essentially unlimited authority for the Treasury Secretary to buy any 
asset he chooses; neither subsection applies a limitation regarding the 
date upon which the asset was acquired); see also Section 112 (In 
certain circumstances, foreign banks holding troubled assets may also 
sell these assets to the Treasury.)
  (4) ``No guarantee that taxpayers will not be overcharged for buying 
toxic debts.'' See Section 101(e) (expresses concern about unjust 
enrichment while at the same time granting the Secretary of the 
Treasury unfettered discretion in purchasing troubled assets.)
  (5) ``No guarantee that taxpayers really share in future profits of 
those bailed out.'' See Section 113(d) (The value of any stock warrants 
received for troubled assets is at the discretion of the same Treasury 
Secretary who has made clear he does not want the warrants.)
  Mr. BACHUS. Madam Speaker, I yield 4 minutes to the gentleman from 
Indiana (Mr. Pence).
  Mr. PENCE. Madam Speaker, I thank the gentleman for yielding.
  I rise in opposition to the Emergency Economic Stabilization Act and 
urge my colleagues respectfully to oppose it.
  Our Nation has been confronted by a crisis in our financial markets. 
The President and this Congress are right to act with all deliberate 
speed in addressing this crisis. We now have a bill that promises to 
bring near-term stability to our financial turmoil, but at what price?
  Benjamin Franklin in 1759 said, ``They that can give up liberty to 
purchase a little temporary safety, deserve neither liberty nor 
safety.''
  Economic freedom means the freedom to succeed and the freedom to 
fail. The decision to give the Federal Government the ability to 
nationalize almost every bad mortgage in America interrupts this basic 
truth of our free market economy.
  It must be said that Republicans in this Congress improved this bill. 
But it remains, in my judgment, the largest corporate bailout in 
American history, forever changes the relationship between government 
and the financial sector, and passes the cost along to the American 
people. And I cannot support it.
  There are no easy answers, but the American people deserve to know 
there are alternatives to massive Federal spending. The Bush 
administration and this Congress have acted quickly, but ignored free 
market solutions to this crisis. The House Republican plan, as a solid 
alternative, would have set up an FDIC-style mandatory insurance 
program in which Wall Street firms would have paid to insure their 
mortgage-backed securities. Doing so would have made Wall Street pay 
the cost of this rescue instead of Main Street. And while there is an 
option for an insurance plan in this bill, it falls far short of the 
substitute that Republicans desired.
  The House Republican plan would have injected liquidity into our 
markets through fast-acting tax strategies, releasing the economic 
power inherent in the American economy. Temporarily reducing the 
repatriation tax, as we did in 2005, would have brought hundreds of 
millions of dollars back into this economy. And there were other 
business deductions that would help the financial

[[Page 23105]]

sector get back on its feet. There were alternatives.
  So I say to my colleagues: before you vote, ask yourselves why you 
came here, and vote with courage and integrity to those principles. If, 
like me, you came here because you believe in limited government and 
the freedom of the American marketplace, I urge you vote in accordance 
with your convictions.
  Duty is ours; outcomes belong to God. The American people and our 
posterity deserve to know that there were men and women in this 
Congress who opposed the leviathan state in this hour. If you do this, 
I promise you, I will stand with you. And I believe with all my heart, 
the American people will stand with you as well. Stand up for limited 
government and economic freedom. Stand up for the American taxpayer. 
Reject this bailout and vote ``no'' on the Emergency Economic 
Stabilization Act.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
gentleman from California (Mr. Costa) for the purpose of a colloquy.
  Mr. COSTA. Madam Speaker, to the chairman of the Financial Services 
Committee, it is my understanding that section 132 of the bill 
authorizes the Securities and Exchange Commission to suspend by rule, 
regulation or order, statement 157 of FASB if the commission determines 
it is necessary and appropriate and in the public interest and that 
this discretionary authority would grant banks flexibility in meeting 
their accounting requirements; is this correct?
  Mr. FRANK of Massachusetts. Yes, this reaffirms existing law, but we 
did it explicitly to underline its importance. There is very legitimate 
concern in this body on both sides of the aisle for the community 
banks. They are, in many cases, victims of practices from which they, 
themselves, abstained.
  There is language in here that tries to give them some relief that 
they would get from the preferred tax situation with Fannie Mae and 
Freddie Mac. Other Members have raised the question of increasing the 
FDIC insurance limit next year, and this one in particular on the 
accounting, obviously none of us want the legislative accounting. But 
the gentleman has raised a very important point, and yes, we agree 
absolutely with how he has framed it.
  Mr. COSTA. And I understand, Mr. Chairman, the section does not 
require the SEC to grant such discretion. Is it the intent of the 
gentleman and the chairman of the SEC to ensure that banks are granted 
accounting discretion, to the extent that such discretion is consistent 
with the intent of the language in section 132, including but not 
limited to in reports that will be required at the end of this month?
  Mr. FRANK of Massachusetts. The gentleman is again correct. It does 
not require it, but we would clearly hope that they would look at this 
very seriously.
  Mr. COSTA. And the legislation doesn't speak to it, but it is my 
understanding that the chairman of the committee will work on all 
regulatory agencies, including the banking regulatory agencies, to 
ensure that banks have the necessary and appropriate flexibility to 
address the changing market environment regarding capital requirements, 
accounting, audits and reports, and to do so in a timely manner for 
reports as of September 30, the end of the next reporting period, and 
would include but not be limited to the section 132 discretion?
  Mr. FRANK of Massachusetts. Yes. There are two separate things here. 
One is the mark to market accounting due to the consequences that 
follow that.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. FRANK of Massachusetts. I yield an additional 30 seconds.
  One thing we talk about as you study what the appropriate accounting 
ought to be, not legislative but as they study it, there is room for 
flexibility in how quickly various consequences attach to that, and we 
are discussing that with the regulators.
  Mr. COSTA. Finally, Mr. Chairman, I would like to commend you and the 
staff for the hard work that has been done on assimilating this very 
important package.
  While it is unfortunate that we are in this position here today, the 
economic security of our Nation is at risk. We are talking about Main 
Street here. To do nothing is not an option. I look forward to 
supporting this effort and your efforts in the next Congress to do the 
reforms that are necessary to bring back economic sanity to our 
country. I would urge an ``aye'' vote.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Daniel E. Lungren).
  Mr. DANIEL E. LUNGREN of California. Madam Speaker, I rise in support 
of the Emergency Economic Stabilization Act of 2008.
  Years ago when I was much younger, I was a lifeguard. And I recall 
one of the first lessons you learn as a lifeguard is that if you know 
there is a dangerous undertow, you get the people back on the beach and 
out of the water.
  Maybe we can reflect and say we didn't see the undertows coming and 
we didn't get the people out of the water and onto the beach. But the 
other thing that I learned when I was a lifeguard was that if you found 
someone that was in the undertow, you attempted to rescue them. You 
didn't stand there and curse Mother Nature. You didn't say, Why didn't 
they do something yesterday? Or, Why didn't we do something an hour 
ago? Or, Why didn't we blow the alarm 10 minutes ago? You went and you 
tried to rescue the individual or individuals who were in distress.
  That's where we find ourselves today. We are in distress. I am not an 
expert on the international financial markets, but when bank after bank 
after bank appears to be going down in Europe, when we have bank 
failures here, when it appears to be a consensus of this House and the 
Senate and the executive branch that we have a difficult time, someone 
called it crisis, some would say that we are on the verge of a 
cataclysmic event, that we ought to take note and do something about 
it.
  So I would say to my conservative friends, if we want to protect the 
taxpayer, we ought to try to get the best deal we possibly can under 
the circumstances. Under these circumstances, as we stand here today, I 
believe this is the best possible solution we can get.
  Would I prefer something else, yes. I voted against the previous 
question because I wanted the Republican alternative, but we don't have 
the votes for that. So we need to do something to protect the taxpayer. 
But more importantly, let's bring this down to the very basic level. 
This is a question of jobs. It is a question about whether people in 
our districts are going to have jobs supplied by small businesses, 
medium-sized businesses. Can they go to the bank to get the credit so 
they can put out the payroll.
  Now, here is the problem. The chairman of the committee mentioned 
this awhile ago. We don't have the catastrophe right yet. If we prevent 
the catastrophe, will anybody notice? But it again reminds me of the 
time when I was a lifeguard. There were a lot of people who didn't get 
in trouble because I ran a pretty good pool.
  The SPEAKER pro tempore. The gentleman's time has expired.
  Mr. BACHUS. I yield 1 additional minute to the gentleman.
  Mr. DANIEL E. LUNGREN of California. I didn't allow small children 
who didn't know how to swim to jump into the pool. I didn't allow 
people to dive into the pool where I knew it was too shallow and they 
could break their necks. I didn't get credit for saving them after they 
dove in the pool and broke their necks. I didn't get credit for saving 
a little child from jumping in the water and nobody noticing that child 
and having that child drown. But I know. I did my job, and I prevented 
some possible tragedies.
  So I would ask Members on my side of the aisle, think about it. If 
you truly believe we have the possibility of this economic breakdown, 
at least attempt to save the people in the pool. It isn't what I would 
desire. It is not what I would have brought to the floor had I had the 
unique chance to do it, but it is the best opportunity we have. Let's 
not miss it.

[[Page 23106]]


  Mr. FRANK of Massachusetts. Madam Speaker, I yield to the gentleman 
from Indiana (Mr. Visclosky) for a unanimous consent request.
  Mr. VISCLOSKY. Madam Speaker, I rise in opposition to H.R. 3997.
  Madam Speaker, in 1991, when Congress was considering repealing the 
Glass-Steagall Act and its regulatory framework, Representative John 
Dingell stated that repealing the Glass-Steagall Act would usher in a 
``golden age of thievery.'' Mr. Dingell has been proven correct.
  As recently as September 15, President Bush was saying that 
``Americans have good reason to be confident in our economic 
strength,'' and that ``We have a flexible and resilient system that 
absorbs challenges and makes corrections and bounces back.'' Henry 
Paulson was saying that the current turmoil in markets and financial 
institutions ultimately would ``make things better.''
  Now suddenly, we have a crisis. The Bush Administration would have us 
believe that this crisis is a sudden accident of nature, that it just 
happened, and could not have been prevented. This crisis is not an 
accident of nature. The stage was set for this crisis with the repeal 
of Glass-Steagall in 1999, but this crisis is not the result of a 
single error in policy. It is the direct result of years and years of 
deliberate and cynical exploitation by the captains of an unregulated 
industry, aided and abetted by an Administration that has willfully 
failed to enforce our laws and regulations, and that has selected 
individuals from the very institutions that need oversight to watch 
over their friends and former colleagues. This crisis is what happens 
when you set the foxes to guard the henhouse for 8 long years.
  Now we are being asked to solve this crisis that has been building 
for most of the last decade in 7 days. But is the solution being 
foisted on us really going to help Main Street? Or is it simply meant 
to clean up Wall Street's mess, cloak the Bush Administration's abysmal 
failure to protect the people of this country from financial predators, 
and further enrich those whose covetousness has caused this problem? Is 
it going to help the people we represent, or is it going simply add to 
the profits of foreign banks?
  Additionally, the Washington Post of September 27, 2008, reports that 
the six largest banks in the world are going to emerge from this crisis 
even larger than before. But what about the small community banks that 
have been following the rules and dealing fairly with borrowers, and 
who will bear the brunt of the financial dislocation caused by 
irresponsible financial giants? Why are we leaving our smaller banks to 
fend for themselves, while bailing out foreign banks? Why does the 
Royal Bank of Scotland, with $3.5 trillion in assets, need welfare from 
the American taxpayer?
  The Bush Administration is rushing us into spending $700 billion 
without stopping to think things through, because there just isn't time 
for thinking. They say, trust us, this is necessary.
  I've heard this before.
  To me it sounds like what we were told about Iraq: that we had to go 
to war right away, because of the Weapons of Mass Destruction that 
Saddam Hussein possessed. Oh, that's right, they didn't exist. We were 
told ``Trust us.''
  It sounds like what we were told when we had to pass the Patriot Act 
immediately to allow the government to eavesdrop on our private 
communications and to get the list of books you checked out of the 
library without probable cause; because there was a risk of terrorism. 
We were told that we had to fall in line quickly and trust the 
President.
  Now it's ``trust us'' again. I didn't then, and I don't now!
  What about the people we're supposed to be protecting? Contrast the 
President's urgency to help the minions of Wall Street with his disdain 
for the most vulnerable members of society: our children. During the 
last two years we asked President Bush to help provide health insurance 
to 4 million additional children in our country. He refused to do so-- 
twice--but now he says we have to bail out 4 million brokers in 7 days.
  Where was the bailout when real people, the people I am here to 
represent, experienced financial crisis?
  When LTV went bankrupt and thousands of people lost their jobs, 
President Bush didn't sound the alarm. All I know is that Richard Fuld 
of Lehman Brothers made $34,832,036 last year.
  When many Bethlehem Steel retirees had their pensions cut, did 
President Bush provide a helping hand? All I know is that when Stan 
O'Neal retired from Merrill Lynch, his compensation package was worth 
$161.5 million.
  When National Steel went bankrupt, did this Administration ask for a 
bailout? All I know is that Freddie Mac's Richard F. Syron made 
$18,289,575 in 2007.
  When Republic Steel went bust under this Administration, they ceased 
to exist. On the other hand, AIG ceased to exist after a federal 
bailout, and no one asked Martin J. Sullivan of AIG to give back the 
$14,330,736 he was paid last year.
  Let us also look ahead. This year, we are projected to have a deficit 
of $407 billion, on top of our national debt of $9.68 trillion. Our 
Inland Waterway Trust Fund will be broke by June of next year. Our 
Highway Trust fund needed an infusion of $8 billion this year because 
it was out of money. Medicare is slated to be insolvent in 2019. Today 
we're being asked to provide the titans of Wall Street $700 billion 
that we will have to borrow because no one wants to pay for it. Think 
of our poor children, and I mean that literally. And think about the 
next administration that will have to live with the consequences of 
this Wall Street bailout for its entire term.
  It is clear that the problems in our current financial system are not 
temporary aberrations in an otherwise healthy system, and will not be 
easily addressed with a one-time infusion of cash. I know that I am not 
alone in saying this. On September 25, 2008, 200 independent economists 
who don't work on Wall Street, who don't work for the Federal Reserve, 
who don't work for the U.S. Treasury, signed a petition stating that 
this plan could create perverse incentives, that it is too vague, and 
that its long-run effects are unclear. Gary Aguirre, a former employee 
of the Securities and Exchange Commission, points out that as much as 
half of the $700 billion dollars could be wasted if there is not 
careful oversight over the valuation of the bonds we would be buying, 
resulting in a $350 billion gift to Wall Street.
  Now, these economists and Mr. Aguirre may be wrong too, but they have 
a lot more veracity with me than the supposed experts promoting this 
bailout plan, who are from the same institutions that created this mess 
in the first place. Given the gravity and systematic nature of our 
problems, and given the lack of information with which we have been 
provided, I believe that Congress should be deliberate and conduct a 
comprehensive examination of alternative solutions.
  Chairman Dingell was right: We are now in the golden age of thieves. 
And where I come from we put thieves in jail, we don't bail them out. 
We should reject this proposal.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
Chair of the Financial Institutions Subcommittee, a very creative 
legislator, the gentlewoman from New York (Mrs. Maloney).
  Mrs. MALONEY of New York. Madam Speaker, this is a difficult vote. 
This bill is not popular, but it is necessary. A wholesale failure of 
the banking system would be the financial equivalent of an economic 
heart attack, the consequences of which could severely affect the lives 
and livelihoods of millions of ordinary American citizens.
  The bill before us endeavors to prevent such a calamity. I do not 
pretend that it is a perfect bill, and taxpayers are rightfully 
outraged at the prospect of bailing out irresponsible banks and those 
that lead them.
  Speaker Pelosi and Chairman Frank have made improvements in this 
bill. We have imposed stronger oversight, allowed judicial review, and 
mandated transparency through the publication of asset purchase prices. 
We have directed the Treasury to safeguard taxpayer interest while 
reducing foreclosure, allowed the government to obtain equity warrants 
so taxpayers may participate in the upside of rescued banks. We have 
created a system under which the banks themselves will pay to insure 
each other's assets.
  Perhaps most importantly, half the funds, $350 billion, will not be 
made available until after a 4-month cooling off period, during which 
time we in Congress can use that transparent reporting to examine the 
prices paid for the assets, the warrants obtained, and the program's 
effectiveness in stabilizing the financial system and aiding American 
taxpayers and homeowners.

                              {time}  1030

  We will continue our work on October 6 in hearings before the 
Government Reform and Oversight Committee in ways to reform the 
financial system and stabilize our economy.
  I urge a ``yes'' vote.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Broun).

[[Page 23107]]


  Mr. BROUN of Georgia. I thank the gentleman for yielding.
  This is probably the most important vote that Members of Congress are 
going to take this year and for many, many years. Unfortunately, this 
bill is not going to solve the problem. This bill is going to bail out 
foreign banks. It's going to bail out Wall Street. But it's not going 
to bail out banks, and it's going to hurt the taxpayer.
  During the negotiations, we've had some changes to the Paulson bill, 
but this essentially is Mr. Paulson's bill to help his friends, and I 
can't buy it.
  Frankly, Madam Speaker, I see this bill as just a stopgap that's 
going to push us a little further down the road. We're still going to 
have the economic collapse, we're still going to have the stock market 
crash, we're still going to have all of the problems that this is 
supposed to fix. We heard the same argument with the Fannie Mae bailout 
and Freddie Mac. We've heard it in the discussion about Bear Stearns 
and AIG. It's the same old story. We're just going further down the 
road. We're getting deeper and deeper. The cliff is getting steeper and 
steeper.
  We need to slow this down. We need to stop this process. We need to 
vote against this bill and find something that really makes sense 
economically that's going to secure the bank situation.
  We have a capital problem, not a liquidity problem in our banks, 
Madam Speaker, and we've got to find a solution. And there are 
solutions. This is not the only one. This one is the only one to bail 
out Wall Street, but it's going to cost our taxpayers dearly.
  Madam Speaker, this is a huge cow patty with a piece of marshmallow 
stuck in the middle of it, and I'm not going to eat that cow patty.
  I would encourage all of the Members of my conference and your 
conference to vote against this bill so we can find something that 
makes sense.
  Mr. FRANK of Massachusetts. Mr. Speaker, I'm sure the Members will be 
relieved to learn that I have no matching metaphor.
  I recognize for 3 minutes the gentleman from California (Mr. 
Sherman).
  Mr. SHERMAN. Just because your constituents hate this bill--and will 
hate it more when they learn the details--does not mean that voting for 
it is an act of courageous patriotism. Just because this bill is 
unpopular doesn't mean we have to pass it immediately. Some 400 eminent 
economists, including three Noble Laureates, are asking us to come back 
and do our job and write a good bill in the next week or so.
  They state--and their chart is here so you might want to read along--
``We ask Congress not to rush, to hold appropriate hearings and to 
carefully consider the right course of action.'' Four hundred 
economists, three Noble Laureates.
  Now, we know that this bill will allow million-dollar-a-month 
salaries to executives at bailed out firms, and it allows hundreds of 
billions of dollars to be used to buy the toxic assets currently held 
by foreign investors. But we're told not to worry because this $700 
billion bill isn't going to cost us anything. We're going to recoup all 
of the costs from some future revenue bill that we will enact.
  Now, the bill does not automatically enact any revenue increase, nor 
does it protect a revenue bill from filibuster or veto. Congress is 
highly unlikely to pass a multi-hundred billion dollar tax increase in 
2013 or any other year. Tax increase bills are anathema to many. Forty-
one Senators can block the plan, and we're giving Wall Street enough 
money to hire 4,100 lobbyists.
  In recent years, Wall Street has effectively defeated every attempt 
to close every loophole they currently exploit, no matter how 
pernicious, including those involving Cayman Island tax havens used by 
hedge fund managers to pay zero tax.
  Section 134 of the bill says the tax will be on the entire 
``financial services industry''--good banks who don't need a bail out; 
bad banks who used a bailout; community banks, maybe even credit 
unions.
  It is absolutely impossible to draft a tax that will hit only those 
firms who receive bailout payments and even more impossible to draft 
one that taxes each bank in proportion to how much money we lose on the 
toxic assets we happen to buy from them. In fact, there are no 
provisions in this bill that even keep track of the losses on the 
assets we acquire from an individual bank as we manage them, combine 
them, put them together in pools with assets we acquire from other 
banks and then sell them off.
  Now, these bailed-out firms, many of them won't exist in 2013. Some 
are going to go under. Some of the bailed-out firms are just shell 
companies anyway. For example, if the Bank of Shanghai currently owes 
$30 billion of toxic assets to its tiny subsidiary it has already 
incorporated in California, the subsidiary will sell those toxic assets 
to the Treasury; the bailout went to that tiny subsidiary in 2009; it's 
not even going to exist in 2013.
  Many of the bailed-out firms are going to be unprofitable in 2013. 
And therefore you're not going to be able to put an income tax on them. 
Some of the bailed-out firms are going to move offshore before 2013. 
Wall Street gets their money now, and we get it back never.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
South Carolina (Mr. Barrett).
  Mr. BARRETT of South Carolina. First off, I want to commend my 
colleagues, especially Minority Leader John Boehner, Roy Blunt, Eric 
Cantor, and certainly Ranking Member Spencer Bachus, for their hard 
work in improving this bill. However, Madam Speaker, after careful and 
agonizing consideration, I cannot support H.R. 3997 and will be voting 
``no.''
  I understand the need to act, and I understand the urge to act 
quickly. We must restore the flow of credit. I firmly subscribe to the 
belief that Main Street and Wall Street are inextricably linked. 
Instability in the financial markets leads to instability in taxpayers' 
personal accounts and their personal funds.
  Meanwhile, that capital that flows through our financial markets is 
vital to the continued success of our businesses, large and small. We 
should all agree that a failure of our credit markets would be an 
enormous catastrophe, and the government does have a role in ensuring 
that the financial markets function soundly.
  At the same time, we cannot allow the American taxpayer to become the 
insurance policy for financial decisions that didn't quite turn out as 
planned. Whether you're talking about someone from South Carolina who 
took a mortgage they couldn't afford or a Wall Street banker who gave 
that mortgage, we see just how important personal responsibility must 
be to the American society. And I fear that this legislation erodes 
this accountability and the freedom that comes with it.
  Unfortunately, Madam Speaker, our government is in debt, and we're in 
a lot of it. In fact, this whole crisis is built around debt, where 
much bad debts has caused an inability to get new credit--otherwise 
known as debt. My daddy always told me that you can't borrow your way 
out of debt. And he was right.
  There are other reasonable options that we should explore to help the 
markets heal themselves and that would not burden our country under 
even greater mounds of debt. I was pushing for a plan that would use 
more free market principles, such as suspension of capital gains, a 
repatriation of earnings to help spur economic growth by helping all 
Americans whose retirement accounts are invested in the stock market or 
own a house or business so they can jump start the flow of funds back 
in the system.
  There is no doubt we find ourselves in a precarious situation, and 
the people are angry, and rightfully so. I'm angry. But we must not 
allow this anger to cloud our judgment and make choices that will 
divide this country. This is not a matter of Main Street versus Wall 
Street.
  But when it comes time to vote on this bill, Madam Speaker, I will be 
voting ``no.'' I understand my colleagues for their reasoning, and I'm 
confident that we all want to do the best for this country. But I 
believe so strongly in the principles of the free market and

[[Page 23108]]

the belief in the word ``freedom.'' That's why I'm opposing this bill.
  My fear is that today the government will forever change the face of 
the American free market.
  Mr. FRANK of Massachusetts. Madam Speaker, for the purpose of a 
colloquy, I yield 2 minutes to the gentleman from Georgia (Mr. 
Marshall).
  Mr. MARSHALL. Thank you, Mr. Chairman.
  I want to begin by complimenting the negotiators on addressing an 
issue that's very important to small community banks generally, and 
that is authorizing the deduction of the Fannie Mae losses against 
ordinary income as soon as possible. That will help all community 
banks.
  Many of my banks, Mr. Chairman, are suffering from loans on their 
books from typically builders and developers who are now unable to 
complete their projects. And these banks feel strongly that they would 
be assisted greatly if there were an opportunity for them to borrow 
from the Fed window at 1, maybe 2 percent--but a very low interest 
rate--the funds to cover these loans on their books that currently 
they're illiquid.
  Mr. FRANK of Massachusetts. Will the gentleman yield?
  Mr. MARSHALL. Yes.
  Mr. FRANK of Massachusetts. I think the gentleman makes a very good 
point. It's not anything obviously that we would legislate. I know he 
knows better than most, and he's not asking for that. But it is 
something I will join him in urging on the Federal Reserve.
  The community banks are the innocent victims overwhelmingly of this. 
They were regulated. They didn't make subprime loans. By the way, they 
were the ones covered by CRA. The bad loans were made by the 
institutions not covered by the Community Reinvestment Act.
  But the gentleman is right. These banks play a vital function that 
will be even more vital as other sources dry up, and I will work with 
him to try to get that kind of relief.
  Mr. MARSHALL. I thank the chairman for his interest in this 
particular issue. I agree with the chairman's analysis of the 
importance of these banks, and I look forward to working with the 
chairman to assist these banks.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Westmoreland).
  Mr. WESTMORELAND. I want to thank my friend from Alabama for yielding 
the time.
  Madam Speaker, I've often said as I have stood up that when the 
process is broken, the product is flawed. And I appreciate all of the 
meetings that the chairman and ranking member and others have attended 
and the time that they have spent. There was only one hearing that I 
know of in the Financial Services Committee that was held before this 
bill, and that was to have Secretary Paulson and Chairman Bernanke come 
and testify. Those were the only two witnesses. And I'm not sure what 
alternatives are out there, what the plans are for a free market, for 
capital infusion and not just buying these toxic assets.
  And I think that's going to be the key to any plan working is the 
infusion of capital. But the process is broken because there was no 
markup on the bill. The bill was introduced about 24 hours ago. It's 
106 pages. And as we saw earlier in the week with some of the tax 
extender bills and some of the other bills that were introduced early 
in the morning, brought to the floor early afternoon, had problems in 
it, having to recommit, redo the rules.
  You cannot do this type of bailout of $700 billion without adequate 
hearings, without adequate testimony, without hearing other 
alternatives that can be injected into this that we could do some of 
the things as the net operating loss, how that can help a business. 
Doing away with the capital gains tax, the repatriation of money to 
come back into this country. The last time we did that, $350 billion 
came in.
  These banks need cash. They need capital. They do not need somebody 
buying these assets when they still have mark-to-market. They still 
have accounting rules that don't allow them to have the amount of money 
they need to loan to small businesses and individuals to keep our 
economy going.
  This is a rush. We need to defeat this bill.
  Mr. FRANK of Massachusetts. Madam Speaker, there's been reference in 
this debate to very good provisions that help community banks and 
others that are tax provisions.
  I now want to recognize for 3 minutes the author of those, the 
chairman of the Committee on Ways and Means, the gentleman from New 
York (Mr. Rangel).
  Mr. RANGEL. Madam Speaker, this is a serious issue for those of us in 
government. I don't know where the advocates of reduced government 
really are today.

                              {time}  1045

  The marketplace should work as well, and now we're asking the 
government to come in with close to $1 trillion in order to bail out 
the private sector.
  The administration has come up with a proposal that, to me, reminds 
me of roulette, and they're challenging us to just take the bullets. As 
Chairman Frank has said so often, this is a no-win proposition because, 
in support of this--and I will be supporting it--no one is going to 
thank us for what they don't know and how serious it is, but I do know 
one thing, that those who have caused the problem somehow have managed 
to get away without any blame, without any penalty, and the crisis now 
falls on the American people.
  Well, for some people, it will be just an inconvenience. They'll sell 
a couple of houses; they'll get rid of some of their stocks, and 
they'll continue to game the system, but for the poor, they won't have 
these options since we live in a country and, indeed, in a world that 
is dependent on credit. So the poor will not be inconvenienced, but 
irreparable harm could be done to the dreams that it took so long for 
the middle income to achieve to be able to own a home, to be able to 
send their kids to college, to be able to put food on the table, to 
clothe them, and to have the respect that the middle class in America 
has stood for for so long.
  We have seen in recent months that this class of people has had their 
dreams dampened by the increase in gasoline prices, in health costs, in 
education to such an extent that the government just gave them a 
handout with $1,000 here and there to try to restore their dignity. 
Obviously, that didn't work. How is it that we couldn't find money to 
give them jobs? to create a fair and equitable tax system? to increase 
education? to increase health? to make certain that our infrastructure 
was conducive of America's being competitive? No, it costs too much 
money.
  Somehow, the conservatives in the other party can find an exposure to 
American taxpayers for close to $1 trillion, and not too long ago it 
was just another $300 billion. For war and for these types of things, 
we can always find the money, but to make certain that the underclass--
the poor folks--and the middle class are able to get an investment in 
America and into their lives so that they can become more prosperous 
and can enjoy the dreams of America, we can't seem to find it.
  So now we have the Secretary of the Treasury. We don't know where he 
goes after December, and we will forever have to staple him to whatever 
excuses we give for being frightened to death that he just might be 
right. It is wrong to do this to a country. It is wrong to do this to 
the Congress, but it just seems to me that I can't afford to take the 
risk.
  I support the work of Barney Frank and of all those who work 
diligently to try to make certain that we don't allow the sky to fall 
on American's middle class and poor folks.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Paul).
  Mr. PAUL. Madam Speaker, I rise in strong opposition to this bill. 
This is only going to make the problem that much worse. The problem 
came about because we spent too much; we borrowed too much, and we 
printed too much money; we inflated too much,

[[Page 23109]]

and we overregulated. This is all that this bill is about is more of 
the same.
  So you can't solve the problem. We are looking at a symptom. We are 
looking at the collapsing of a market that was unstable. It was 
unstable because of the way it came about. It came about because of a 
monopoly control of money and credit by the Federal Reserve System, and 
that is a natural consequence of what happens when a Federal Reserve 
System creates too much credit.
  Now, there have been a fair number of free market economists around 
who have predicted this would happen. Yet do we look to them for 
advice? No. We totally exclude them. We don't listen to them. We don't 
look at them. We look to the people who created the problem, and then 
we perpetuate the problem.
  The most serious mistake that could be made here today is to blame 
free market capitalism for this problem. This has nothing to do with 
free market capitalism. This has to do with a managed economy, with an 
inflationary system, with corporatism, and with a special interest 
system. It has nothing to do with the failure of free markets and 
capitalism. Yet we're resorting now, once again, to promoting more and 
more government.
  Long term, this is disastrous because of everything we're doing here 
and because of everything we've done for 6 months. We've already pumped 
in $700 billion. Here is another $700 billion. This is going to destroy 
the dollar. That's what you should be concerned about. Yes, Wall Street 
is in trouble. There are a lot of problems, and if we don't vote for 
this, there are going to be problems. Believe me: If you destroy the 
dollar, you're going to destroy a worldwide economy, and that's what 
we're on the verge of doing, and it is inevitable, if we continue this, 
that that's what's going to happen. It's going to be a lot more serious 
than what we're dealing with today.
  We need to get our house in order. We need more oversight--that is a 
certainty--but we need oversight of the Federal Reserve System, of the 
Exchange Stabilization Fund and of the President's Working Group on 
Financial Markets. Find out what they're doing. How much have they been 
meddling in the market?
  What we're doing today is going to make things much worse.
  The process of this bailout reminds me of a panic-stricken swimmer 
thrashing in the water only making his situation worse. Even a 
``bipartisan deal''--whatever that is supposed to mean--will not stop 
the Congress from thrashing about.
  The beneficiaries of the corrupt monetary system of the last 3 
decades are now desperately looking for victims to stick with the bill 
after they have reaped decades of profit and privilege.
  The difficulties in our economy will continue because the legislative 
and the executive branches have not yet begun to address the real 
problems. The housing bubble's collapse, as was the dot corn bubble's 
collapse, was predictable and is merely a symptom of the monetary 
system that brought us to this point.
  Indeed, we do face a major crisis, but it is much bigger than the 
freezing up of Wall Street and dealing with worthless assets on the 
books of major banks. The true crisis is the pending collapse of the 
fiat dollar system that emerged after the breakdown of the Bretton 
Woods agreement in 1971.
  For 37 years the world built a financial system based on the dollar 
as the reserve currency of the world in an attempt to make the dollar 
serve as the new standard of value. However since 1971, the dollar has 
had no intrinsic value, as it is not tied to gold. The dollar is simply 
a fiat currency, which has fluctuated in value on a daily, if not 
hourly, bias. This worked to some degree until the market realized that 
too much debt and malinvestment existed and a correction was required.
  Because of our economic and military strength, compared to other 
countries, trust in America's currency lasted longer than deserved. 
This resulted in the biggest worldwide economic distortion in all of 
history. The problem is much bigger than the fears of a temporary 
decline on Wall Street if the bailout is not agreed to.
  Money's most important function is to serve as a means of exchange--a 
measurement of value. If this crucial yardstick is not stable, it 
becomes impossible for investors, entrepreneurs, savers, and consumers 
to make correct decisions; these mistakes create the bubble that must 
eventually be corrected.
  Just imagine the results if a construction company was forced to use 
a yardstick whose measures changed daily to construct a skyscraper. The 
result would be a very unstable and dangerous building. No doubt the 
construction company would try to cover up their fundamental problem 
with patchwork repairs, but no amount of patchwork can fix a building 
with an unstable inner structure. Eventually, the skyscraper will 
collapse, forcing the construction company to rebuild--hopefully this 
time with a stable yardstick. This $700 billion package is more 
patchwork repair and will prove to be money down a rat hole and will 
only make the dollar crisis that much worse.
  But what politicians are willing to say that the financial 
``skyscraper''--the global financial and monetary system-is a house of 
cards. It is not going to happen at this juncture. They're not even 
talking about this. They talk only of bailouts, more monetary 
inflation, more special interest spending, more debt, and more 
regulations. There is almost no talk of the relationship of the 
Community Reinvestment Act, HUD, and government assisted loans to the 
housing bubble. And there is no talk of the oversight that is 
desperately needed for the Federal Reserve, the Exchange Stabilization 
Fund, and all the activities of the President's Working Group on 
financial markets. When these actions are taken we will at last know 
that Congress is serious about the reforms that are really needed.
  In conclusion, there are three good reasons why Congress should 
reject this legislation:
  It is immoral--Dumping bad debt on the innocent taxpayers is an act 
of theft and is wrong.
  It is unconstitutional--There is no constitutional authority to use 
government power to serve special interests.
  It is bad economic policy--By refusing to address the monetary system 
while continuing to place the burdens of the bailout on the dollar, we 
can be certain that in time, we will be faced with another, more severe 
crisis when the market figures out that there is no magic government 
bailout or regulation that can make a fraudulent monetary system work.
  Monetary reform will eventually come, but, unfortunately, Congress' 
actions this week make it more likely the reform will come under dire 
circumstances, such as the midst of a worldwide collapse of the dollar. 
The question then will be how much of our liberties will be sacrificed 
in the process. Just remember what we lost in the aftermath of 9-11.
  The best result we can hope for is that the economic necessity of 
getting our fiscal house in order will, at last, force us to give up 
our world empire. Without the empire we can then concentrate on 
rebuilding the Republic.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentlewoman from 
California (Ms. Lee).
  Ms. LEE. Let me thank Chairman Frank for your efforts to improve this 
administration's $700 billion blank check bill.
  Madam Speaker, as a former member of the House Financial Services 
Committee for 8 years, I can tell you that the situation that we find 
ourselves in today is the direct result of the deregulation-happy, 
turn-a-blind-eye approach of this administration and its allies in 
Congress.
  Now we see the horrific price of these reckless deregulation 
policies. More than 600,000 Americans have lost their jobs since 
January. People need jobs to obtain credit, to pay their rent, to pay 
their house notes, to buy a 401(k) or to really have a retirement 
account. Millions of people are living paycheck to paycheck if they 
really have a paycheck. Home foreclosures are skyrocketing; home values 
are plunging; banks are failing, and we are still spending more than 
$10 billion every month on a war in Iraq that did not have to be waged.
  So I'm convinced that this bailout is not the solution to this mess. 
It does little to address the underlying problem--the foreclosure 
crisis. We need a moratorium on foreclosures, and we need bankruptcy 
reform to help people stay in their homes. This bill should be paid for 
by the high-flying industry that created this problem. $700 billion 
should not be given to Wall Street and to the Bush administration 
unless those who caused this mess pay for it.
  As my bill indicates, the Income Equity Act, we should also prohibit 
the tax deductibility of executive compensation in any company where 
the highest paid corporate officer's compensation exceeds by 25-1 that 
of a worker's of the lowest wage.

[[Page 23110]]

  Third, we need an economic stimulus package to deal with the crushing 
reality of the recession that is hitting people hard each and every 
day. I cannot vote to reward those predatory and subprime lenders who 
are really creating havoc in the lives of millions of Americans. There 
has got to be a better way.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Virginia (Mr. Davis).
  Mr. DAVIS of Virginia. Madam Speaker, I wish there were a better way, 
but I haven't seen it yet, and I think this is a good bipartisan work 
product. It is a difficult vote for all of us. Either we're promoting 
unprecedented Federal interference in the marketplace or we're bailing 
out Wall Street millionaires and are rewarding bad business decisions. 
There's a grain of truth in all of this, but it's also true that this 
doesn't address some of the fundamental problems with our current 
economic slowdown.
  This helps, on the margin, the housing situation. It will allow some 
people to renegotiate in a better posture, but it doesn't solve the 
rising unemployment and the rising deficits and the falling dollar, but 
it's also true that with credit drying up and with the failure of the 
mortgage banks and banks that the failure to act would bring even 
greater economic devastation.
  We saw the future a couple of weeks ago: Markets plunged. Lehman 
Brothers failed. AIG, Freddie and Fannie needed bailouts. Credit 
virtually disappeared across the spectrum. We have to take economic 
recovery one step at a time. If there is no credit, nothing else 
matters. Failure to take this step today will almost certainly worsen 
the situation, perhaps beyond repair.
  This is a compromise. There is a lot not to like. We could pick this 
bill to death on both sides of the aisle. We could play the blame game 
forever, but politics is the art of the possible, not the art of the 
perfect. If this bill goes down, I don't think most of my colleagues 
want ownership of what's going to follow. I'm hopeful that some of the 
money that we're putting forward will be returned to taxpayers 
eventually, but there are no guarantees, but doing nothing or delaying 
this indefinitely is not a viable option.
  I urge my colleagues to show leadership and to take the tough vote 
and vote ``yes.''
  Mr. FRANK of Massachusetts. Madam Speaker, I now yield 4 minutes to 
the very able Chair of our Capital Markets Subcommittee, a man who has 
played a very important role in our trying to stabilize this situation, 
the gentleman from Pennsylvania (Mr. Kanjorski).
  Mr. KANJORSKI. Mr. Chairman, if I may just make a comment in the 
beginning here and ask you the question:
  Is it correct to say that nothing in this act is meant to distract 
from any rights of recovery against private parties to redress 
wrongdoing that exists under Federal or State law?
  Mr. FRANK of Massachusetts. If the gentleman would yield, he is 
absolutely correct.
  By the way, one of the points in the original bill the Treasury 
Secretary gave us inappropriately freed him from a number of judicial 
restraints. We have restored those, and we have taken away no existing 
legal right whatsoever in this bill.
  Mr. KANJORSKI. Thank you, Mr. Chairman.
  Madam Speaker, I rise today with a heavy heart. The reality is, as my 
friend from Virginia (Mr. Davis) said, we don't have a perfect bill 
here. We do have a perfect storm, however, and we have a bad situation. 
The inaction, or the failure to act, could be exacerbating to this 
situation to the extent that most of us can't even imagine how bad it 
could get.
  I'm not here in defense of Wall Street fat cats nor am I here in 
defense of those who perpetrated this greed and this expansion over the 
last 5 to 7 years that has caused this problem. I'm not here as a 
faultfinder of who is responsible politically, economically, socially 
or otherwise.
  I am here because I recognize that there is going to be hurt, extreme 
hurt, if we do nothing, and I want to make sure that my constituents 
and that the rest of the public watching this understand that we're not 
bailing someone out in a far-off place called Wall Street. We're making 
sure that next week and that next month a worker in my hometown of 
Nanticoke, Pennsylvania will be able to go to his ATM machine and draw 
out money, that he will be able to be paid by a check or by a cash 
transfer that will give money to his account so that he can spend it on 
his family. I'm here so that he can continue to negotiate to buy a new 
home or a used home or so that he can provide for his family goods or 
services that are necessary and that may disappear.
  So often, many of us get so far removed from history and from 
circumstances of the past that we hardly remember or recall what people 
told us could be. I think it would be a good thing for all of us to 
refer back to some of the movies that depicted the Great Depression and 
for all of us to just look at what can happen when there is the total 
collapse and failure of an economic system. I don't want to see that 
happen again in America.
  In order to see that that does not happen, it is necessary that we 
take action on this bill. This is not an easy vote for any Member in 
this Chamber, and I will be the last one who will cast dispersions as 
to what the motivations for voting ``yes'' or ``no'' will be by my 
fellow Members. However, I will tell you this:
  It is time for all good men to come to the defense of their country 
and to the times. In my opinion, that means we must put aside our own 
personal careers and our own personal thoughts and even our own ideas 
of what would be the right thing and vote to save this country's 
economic system. If we fail to do this in this 11th hour, we are 
already starting to see around the world, through the window of 
television, just what can happen to the markets of this world and, 
eventually, to all of the small towns across this world.

                              {time}  1100

  I think that we've done a hard job in trying to put into this bill 
the safeguards for the taxpayers, the modifications that are necessary. 
It was an extreme bill, three and a half pages, giving total 
dictatorial power to the Secretary Treasurer.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FRANK of Massachusetts. I yield the gentleman an additional 30 
seconds.
  Mr. KANJORSKI. We have modified it over these last 7 to 10 days to 
make it more livable, but not perfect. What I urge my colleagues to do 
is put aside partisanship, put aside fear, and realize why we're here. 
Only a couple of times in a decade are we asked to stand up and be 
counted; this is one of those historic moments. I urge my colleagues to 
show the fortitude to vote ``yes.''


                              Introduction

  Madam Speaker, as our great Nation faces one of the most severe 
economic crises in its history, I share the sense of outrage of the 
American people that we find ourselves in this situation. I am angry at 
our regulators who did not do enough to prevent this deeply troubling 
situation. I am angry that we have reached a moment in which those who 
followed the rules are now being asked to help those who flaunted the 
rules. But most of all, I am furious at the greed of the fat cats on 
Wall Street who created the financial products that led to this mess.
  Today, the Members of this storied institution must choose between 
two bad alternatives. First, we could opt to do nothing. According to 
many reputable economists, this choice carries the grave risk of 
resulting in an almost certain global financial meltdown. Second, we 
could choose to act by voting for the legislation before us. This 
choice--while admittedly an expensive and imperfect one--provides the 
urgent injection of vast government resources to unclog the financial 
arteries of our capital markets so that our economy can, hopefully, 
begin to function more normally once again.
  Ironically, the choice of inaction, which is the risky choice for the 
good of our Nation, is the safer choice for the good of the lawmaker. 
But political expediency must sometimes yield to practical necessity. 
In this situation, we ultimately have to do what is right. So, to 
resist the call of duty by voting against this package is, for me, 
simply not an option. I urge my colleagues to be brave, put 
partisanship aside,

[[Page 23111]]

and send a message of consensus to the Amierican people. By working to 
restore confidence in our credit markets, we will ultimately prevent 
severe economic consequences for the families living and the small 
businesses operating on Main Street.
  In the midst of another global economic crisis 75 years ago, 
President Franklin Roosevelt said, ``One thing is sure. We have to do 
something. We have to do the best we know how at the moment. If it 
doesn't turn out right, we can modify it as we go along.'' I have 
concluded that this bill is the best we know how to do at this moment. 
We should all support it for the good of our Nation, and we can always 
change it later.
  In sum, only action will protect the hard-working American people 
who, if we do not act, will lose their jobs, their paychecks, their 
pensions, their homes, and their very way of life as a result of the 
severe hardships a severe economic downturn will bring. Because I 
cannot in good conscience sit idly by as disaster is looming, and 
because I understand the potentially devastating effects on middle 
class families and retirees if we fail to act, I must vote for this 
bill.


                   How the Economy Reached this Point

  The causes of our current financial turmoil are many. Some of the 
contributors to this paralyzing credit crisis include an environment of 
easy credit and low interest rates, lax mortgage underwriting 
standards, and a national housing bubble, wherein prices rose to levels 
well beyond the reasonable values of homes.
  My concerns about the rapid growth in home values led me in July 2002 
to question Alan Greenspan about the potential of a valuation bubble in 
the housing markets and about what could happen to the economy if the 
bubble burst. Chairman Greenspan responded that he saw ``no evidence'' 
of ``a national bubble in home values'' and that the matter did not 
need to be addressed by policy reforms. If only he had answered 
differently, we might have been able to take action in time to prevent 
the economic turmoil that we are now experiencing.
  The unfettered creation of new, complex financial products also 
contributed to the present crisis. Financial wizards first packaged 
faulty loans into securities and then divided and combined these 
financial instruments into novel products like collateralized debt 
obligations, which received strong estimates of creditworthiness from 
ratings agencies. The geniuses of Wall Street also insured their bets 
with flawed credit default swaps. They additionally developed and sold 
financial derivatives whose risks few participants in the marketplace 
fully appreciated.
  This financial house of cards began to collapse once borrowers with 
subprime mortgages began to default on their loans in greater and 
greater numbers. These defaults undermined the associated mortgage-
backed securities, collateralized debt obligations, credit default 
swaps, and derivatives. Eventually, the collapse of the subprime 
mortgage market infected the prime mortgage market, which in turn 
infected the American financial system.
  Once the contagion spread into our increasingly interconnected global 
financial system, banks and other financial institutions began to lose 
confidence in one another as they could not determine the true exposure 
of their partners to the underlying problems. As a result, they stopped 
lending to one another.
  Our present predicament also results from one of the cardinal sins: 
greed. The titans at investment banks simply could not make enough 
money, and they increasingly leveraged their investments with fewer and 
fewer assets. Further, they created, bought, and sold financial 
instruments for which they neither completely understood nor fully 
appreciated the risks. In pursuit of the dream of homeownership, far 
too many Americans also borrowed too much and lived beyond their means 
with the help of low interest rates and access to easy credit.
  Rather than lament the past, however, we must rise up to overcome 
this challenge, correct our mistakes, and reestablish an economically 
sound America for ourselves and future generations. The economy is a 
man-made construct. Man made it, and man can fix it. We are working to 
fix our economy with this legislation.


                          Why We Must Act Now

  We should not underestimate the urgency that this credit crisis 
demands. Money and credit are the lifeblood of an economy, and during 
the last year the credit markets have become increasingly clogged as 
financial institutions' trust in one another has worn away because of 
the troubled assets that they hold. As a result of this lack of 
confidence, bank lending to other banks has come to a virtual halt. 
When banks stop lending to one another and hoard their cash reserves, 
small businesses and consumers are the ones who are ultimately hurt the 
most.
  Lines of credit that were once open could be, and in some cases have 
already been, closed. Without access to credit, businesses might not 
have the money they need to pay their workers and workers could lose 
their jobs. A shutdown of the credit system would also result in 
difficulty in getting loans to go to school, buy a home, pay for 
emergency needs, or expand a business. It could also result in further 
significant drops in the prices of stocks and bonds held in the 
retirement plans of workers and the pensions of senior citizens.
  Moreover, a pervasive lack of confidence by the participants in our 
capital markets has now created a vicious cycle. After pursuing in 
recent months a number of piecemeal, makeshift fixes at several 
financial services companies to address specific problems resulting 
from the credit crisis, Treasury Secretary Henry Paulson and Federal 
Reserve Chairman Ben Bernanke determined on September 18 that they 
needed even more power to repair the problems in the credit markets, 
restore confidence, and promote a sense of optimism.
  Secretary Paulson and Chairman Bernanke, along with many highly 
regarded experts, have therefore advised the Congress to take bold 
action to shield average Americans from the harm caused by the credit 
crisis. In analyzing the contributing factors that led to the Great 
Depression, many have concluded that the Government should have taken 
decisive action earlier to prevent, forestall, and lessen the effects 
of that sizable economic downturn. By taking bold action now in 
response to this latest economic crisis, we are learning from the 
lessons of the past.
  Many Americans view this Government intervention as a bailout of Wall 
Street and as an unjust reward for bad decisions and irresponsible 
behavior. Americans have good instincts, and they are not wrong to view 
the situation in this light. After all, irresponsibility and greed on 
Wall Street have provoked anger in nearly all of us in recent days.
  Americans also feel isolated from the consequences of the current 
economic strife because most of them have yet to experience its direct 
effects. As countless economists, however, have warned us, Americans 
have a false sense of security about their current economic prospects: 
They wake up, go to work, get paid, make a withdrawal from an ATM, fill 
up their gas tank, buy some food, and go home. To them, things still 
seem relatively normal.
  To protect hard-working Americans and retirees from this economic 
tidal wave, the Congress must act now before it is too late. In voting 
for this legislation, I am not voting to help Wall Street fat cats. 
Instead, I am voting to safeguard the jobs, paychecks, pensions, 
savings, homes, and security of average Americans. In short, I am 
voting to protect their very way of life.


                        The Faulty Initial Plan

  Like every American who read the initial 3-page legislative proposal, 
I had very strong concerns about the plan that Treasury Secretary 
Paulson sent to the Congress to create a program of $700 billion to 
permit the Government to purchase the troubled assets of financial 
institutions. It would have essentially provided the Treasury Secretary 
with an open-ended, blank check. It lacked needed controls, it failed 
to reform business-as-usual on Wall Street, and it did not do enough to 
protect the interests of taxpayers. Moreover, the initial plan would 
have granted the Treasury Secretary vast, unchecked powers without 
oversight by the courts and the Congress.
  This unacceptable package would have given Americans a raw deal 
because executives suffered no consequences for their reckless 
behavior. Taxpayers also received no promise of repayment for their 
contribution. Corporations additionally would have been bailed out by 
the taxpayers and then allowed to walk away with all of the profits, 
leaving average Americans to fall behind even further.
  In sum, the first version of the plan that the Congress received from 
Secretary Paulson was ill-conceived and unfair to the taxpayers. The 
Congress rightly rejected this first draft.


                        The Vastly Improved Plan

  Fortunately, we live in a democracy, and as the Chairman of the House 
Financial Services Capital Markets Subcommittee, I worked with 
Financial Services Committee Chairman Barney Frank and other leaders in 
the Congress to make significant changes, negotiate a bipartisan 
compromise, and improve this legislation as much as possible and as 
quickly as possible. In brief, we revised the plan to protect 
taxpayers, limit executive pay at distressed companies getting help, 
establish strong oversight and accountability, and cut overall costs. 
As a result, the original proposal of less than 3 pages grew into a 
final bill of 110 pages.
  The final bill protects taxpayers in many ways. It cuts the initial 
outlay of $700 billion in half and conditions the installment above 
$350 billion on legislative review. It also gives taxpayers an 
ownership stake in the companies

[[Page 23112]]

assisted by the program. This change will ensure that Americans share 
in any future profits of the distressed entities that it helps with the 
chance to buy stocks low and sell them high. The bill also protects 
taxpayers by requiring the program's managers to minimize short-term 
costs, maximize long-term gains, establish fair contracting procedures, 
and curtail conflicts of interest.
  This bill now protects taxpayers in one other important way. During 
my opening comments to Secretary Paulson and Chairman Bernanke at last 
week's hearing of the Financial Services Committee, I said that we 
needed to seek ways to pay for this massive Government intervention, 
including placing surcharges on millionaires' incomes and raising fees 
on securities transactions. I am therefore pleased that the final bill 
now before us guarantees that taxpayers will be paid in full, if other 
protections have failed to produce a profit. Specifically, if after 5 
years the program has a shortfall, then the President must submit to 
the Congress a proposal that recoups from the financial industry any 
projected losses to the taxpayer. This reform is sensible and prudent.
  In developing this bill, I also sought to prevent those who 
contributed the most to this crisis from further profiting by revising 
the initial Treasury plan to ensure that the Wall Street executives who 
ask for the Government's help do not continue to get fat paychecks. The 
final bill also blocks multi-million dollar golden parachutes at 
distressed companies so that CEOs land just as hard as average workers 
when they lose their jobs. Moreover, the final bill claws back big 
bonuses earned by CEOs as a result of financial statements later found 
to be false or inaccurate.
  The final bill also checks the Treasury Department's power in several 
ways. The Congress will now have the full authority and resources to 
examine executive decisions with a Congressional Oversight Panel. The 
revised legislation additionally provides for meaningful judicial 
review. Our constitutional system works well because of a balance of 
powers among the branches of government. In short, the final bill 
recognizes the importance of this balance. These changes helped to 
correct some of the most flagrant excesses of the initial Treasury 
plan.
  In addition, I worked to ensure that the final bill provides for 
strong accountability and real transparency. The final bill puts in 
place a permanent, in-house watchdog to stop waste, fraud, and abuse. 
It also provides for the real-time disclosure of business transactions 
on the Internet so that the American public can inspect the assets they 
are buying. I strongly support the provisions in the bill to force 
Federal financial regulators to cooperate with the Federal Bureau of 
Investigation in its efforts to find the wrongdoers who committed 
crimes in the development, advertising, and sale of the financial 
products that contributed to this crisis.
  This final bill, moreover, will help struggling homeowners because it 
allows the Government, as the holder of mortgages and mortgage-backed 
securities, to do all that it reasonably can to prevent foreclosures 
through loss mitigation efforts. Among these provisions is a new duty 
for servicers to modify loans based on the best interest of all 
investors in a pool of mortgages rather than the interest of any 
individual investor. This change in the law is based on those reforms 
found in the Emergency Mortgage Loan Modification Act, which I 
introduced with the gentleman from Delaware (Mr. Castle). This reform 
and the other foreclosure mitigation requirements in the final bill 
will help to keep people in their homes and spur economic recovery by 
preventing real estate prices from falling further and perhaps even 
helping prices to rise.


            Providing Oversight and Regulation Going Forward

  The public should view passage of an economic stabilization package 
to forestall disastrous consequences for average Americans as only the 
beginning of our work in the Congress. In the months ahead, we must all 
commit to examining what went wrong and to writing tough new laws to 
improve the regulation of our financial system and safeguard consumers. 
We must also enact new laws to control excessive greed and protect 
against future risks to our entire economic system.
  Our capital markets have evolved significantly in recent years, and 
our outdated regulatory structure was clearly not up to the task of 
regulating today's marketplace. Moreover, the recent events in our 
markets have clearly put a tombstone on the era of deregulation. As 
many of us on this side of the aisle have long believed, only 
Government can save capitalism from its own excess. To control a free 
market, I therefore believe that we need sensible regulation and strong 
enforcement. We also need greater coordination in our financial 
regulation, as is the case in other countries like the United Kingdom.
  Our regulatory system must also have the flexibility to respond to 
innovation. The financial services industry has created a number of 
complex products like derivatives and credit default swaps in recent 
years, but we have yet to properly regulate these instruments. In July, 
before American International Group collapsed under the weight of its 
sizable credit default swaps, I began working with the Government 
Accountability Office to identify appropriate legislative and 
regulatory reforms to improve the oversight for structured finance 
products.
  Because we live in a global economy that is interconnected, 
protecting against systemic risk must additionally become one of our 
highest reform priorities. If one proverbial domino falls, we cannot 
allow the chain to continue. The recent crisis has vividly demonstrated 
the consequences of not effectively regulating against systemic risk. 
Failure in one segment of the market inevitably brings other segments 
down with it.
  Still further, we must act to pass new laws to protect consumers from 
lax underwriting standards, compromised appraisals, and faulty mortgage 
servicing practices. I introduced a strong consumer protection bill to 
achieve these goals more than 3 years ago, and last year the House 
passed H.R. 3915, the Mortgage Reform and Anti-Predatory Lending Act. 
This latest bill to crack down on predatory lending practices is 
substantially similar to the content of the bill I first proposed in 
2005. The Senate now needs to complete its work on these matters.


                               summation

  In conclusion, the bill before us is still imperfect, but for the 
good of our Nation we should pass it. The adoption of this legislation 
will, first and foremost, help to safeguard the jobs, pensions, and 
paychecks of average Americans. We have made significant improvements 
to this bill during the last 10 days to protect taxpayers, provide 
robust oversight, and limit excessive compensation for CEOs and 
executives, among other things. This bill is now much better, and it 
deserves everyone's support because our Nation's economy depends on it.
  Today, the eye of an economic hurricane is fast approaching. To 
protect the way of life for average Americans, we must rise up to meet 
this challenge and come together. We cannot sit on our hands. Instead, 
we must act and pass this bill. As my fellow Pennsylvanian, Benjamin 
Franklin, said at the founding of our country, ``We must all hang 
together, or surely we will all hang separately.'' I urge support for 
the Emergency Economic Stabilization Act of 2008.
  Mr. BACHUS. Madam Speaker, may I inquire as to the remaining time on 
each side.
  The SPEAKER pro tempore. The gentleman from Alabama has 49\1/2\ 
minutes, and the gentleman from Massachusetts has 50 minutes.
  Mr. BACHUS. Madam Speaker, I yield 1 minute to the gentleman from 
Virginia (Mr. Goode).
  Mr. GOODE. Madam Speaker, first, I want to thank all who have worked 
on this measure; but I do regret that Ranking Member Bachus did not 
have greater opportunity for more input.
  I will be voting ``no'' on this measure because this is a Band-aid 
approach that will not save America. We need to infuse capital into our 
banking system and not more Federal debt. Federal debt is not the way 
to go.
  We also must look at the fundamental cause of encouraging those who 
have little chance to repay to get loans. Over-encouragement was a 
fundamental cause, and it is not addressed in this bill.
  I hope we will vote ``no'' for a better day and a better bill.
  Mr. FRANK of Massachusetts. Madam Speaker, one of the most valuable 
members of the Finance subcommittee, the gentlewoman from New York 
(Mrs. McCarthy), is recognized for 2 minutes.
  Mrs. McCARTHY of New York. Madam Speaker, I rise today in support of 
the Emergency Economic Stabilization Act of 2008.
  In the past couple of weeks we have seen many Americans wondering 
what's going on; what's going on with our economy; what is going on 
down in Washington. People have watched anxiously as the markets and 
the banks have stumbled and many of us have seen investments that we 
spent years building up now disappearing within days.
  Within only a couple of days, some of the world's largest financial 
institutions shut their doors and the U.S. Treasury Secretary had begun 
talks

[[Page 23113]]

with Congress in an effort to avoid a potential collapse of our 
economy.
  In recent days, we have seen and heard a variety of proposals to 
address the financial crisis. Americans have rightly been disturbed by 
the idea that Congress would bail out Wall Street and CEOs, but we also 
know that we could not just stand by and watch our economy crumble.
  People needed to know that Congress was acting in their best 
interests and that their hard-earned money is going to be safer. We 
needed to make sure that not only was Wall Street going to remain 
solvent, but so was all our small towns and villages across this 
country.
  We also needed to make sure that every proposal we put forward would 
protect those Americans who were hoping to retire within this year or 
next year so they don't lose their savings they need to live on.
  I am pleased that we have been able to come up with a comprehensive 
package that strikes a fair balance and can potentially offer the 
relief we need to restore confidence in the markets. Both sides 
certainly don't like what's been put in front of us to have us in this 
position, but both sides, both leaders of our political parties have 
worked together--Barney Frank, Mr. Bachus, Mr. Boehner, Roy Blunt, 
Nancy Pelosi.
  This is a crisis that is facing our country. And I know it's a tough 
vote, especially right before an election. This might cost some of us 
our election, but that's why we're here, we're here to certainly 
protect the American people. I'm here to protect my constituents back 
home, making sure that they have jobs in the next coming months.
  We have to make sure this bill passes.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. FRANK of Massachusetts. I yield the gentlewoman 30 seconds.
  Mrs. McCARTHY of New York. We have to make sure that people 
understand we're trying to stop the hemorrhaging to protect the people 
back home. That is the most important thing we are doing. That is why 
``yes'' is the right vote.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
Connecticut (Mr. Shays).
  Mr. SHAYS. Most of my constituents consider this a bailout. Some of 
them, in fact, are willing to walk bread lines in order to see wealthy 
Wall Street tycoons pay for their greed. The fact is, that would be 
irresponsible.
  While this is not 1929 all over again, it could be if we step aside 
and let the wonders of the market work its will in this environment. We 
can't let the foolishness and greed on Wall Street bring down Main 
Street; at least I don't intend to.
  We are witnessing the economy coming to a grinding halt. Money is 
simply not being lent to individuals who need it. For businesses, this 
has meant an inability to borrow, to expand, invest in new equipment, 
stock shelves, or even meet short-term cash needs, such as payroll. For 
individuals, it has threatened the assets of everyone who has an IRA or 
401(k), college savings, pension plans, or owns a home.
  It has been difficult for me to hear so many Members act like they 
were not responsible for this credit crisis when they had the 
opportunity to advocate reform or at least support it, but chose not 
to.
  We will have plenty of time to determine what went wrong and what 
individuals and institutions are responsible, but this is not the day 
or time to focus on who is at fault and what systemic changes need to 
be made.
  I recognize today's liquidity injection is a short-term solution to a 
long-term systemic problem. Those of us who return--and I make no 
assumptions about my own election--have our work cut out for us in the 
next Congress.
  I will vote for the Emergency Economic Stabilization Act and thank my 
colleagues in both Chambers, and on both sides of the aisle, for their 
bipartisan effort to avert a more serious economic crisis.
  I believe the negotiators have worked in good faith, but we all have 
lingering questions. My own continue to be whether $700 billion is 
actually enough; why we aren't increasing FDIC insurance above $100,000 
so deposits don't withdraw their funds, and why we aren't addressing 
directly the capital markets problem like we did in the early 1980s.
  I believe this legislation will address the short-term liquidity 
problem. And in the end, I believe taxpayers, at a minimum, will be 
held harmless, or even see a positive return on this expenditure.
  If this bill passes and puts liquidity in the market like we hope, we 
should be given the time we need to make some long-term changes.
  I urge my colleagues to carefully weigh the effects of action, or 
inaction, and allow this solution not only to pass, but to work.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
Representative from one of our great urban quarters, the gentleman from 
Philadelphia, Mr. Fattah.
  Mr. FATTAH. Madam Speaker, I rise in support of this bill. Now, I 
know that we're tempted to see this just as another train wreck of the 
Bush administration, but we have to look past that to protecting the 
jobs of our constituents, their 401ks, their pension funds, their 
ability to own and run and borrow to establish small businesses. We 
have to see this as a responsibility to protect community banking 
institutions.
  Now, there is a lot at stake in this vote, and there are Members who 
have varying positions, but I just look at the facts. We have some 
9,800 people who are being foreclosed on every day. We have seen 
600,000 people lose their jobs since the beginning of this year. We 
have an economic catastrophe that has taken place on Wall Street and is 
now showing up in other financial capitals around the world.
  We have a responsibility to defend this country and to stand on 
behalf of our constituents. And I do that reluctantly in some respects, 
but on this day, I think all of us should rise to the occasion and 
support this bill. And with those who can't, we understand that you 
think that there should be a better way. There is a bill in front of us 
today to stand in the breach, and I stand in favor of it. And I commend 
Barney Frank for his leadership on it. Thank you.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Poe).
  Mr. POE. I thank the gentleman for yielding.
  Madam Speaker, because Wall Street money grabbers have made bad 
judgment calls, the American taxpayer is being forced to bail them out 
at $700 billion. Why is it, Madam Speaker, that the bigger the 
business, the more the Federal Government thinks it should swoop in and 
save incompetent businesses? Small businesses, mom and pop grocery 
stores, don't get this break. When they make bad financial decisions, 
they go out of business. But the rich and famous Wall Street New York 
City fat cats expect Joe Six-Pack to buck it up and pay for all this 
nonsense.
  Reward people for being irresponsible and expect responsible people 
to pay for the sins of the financial industry? I think not. Putting a 
financial gun to the head of each American is not the answer.
  Madam Speaker, I have this bill; it's over 100 pages long. That means 
it's seven billion dollars a page. The New York City fat cats expect us 
to pay for it. I think not.
  This year alone, Madam Speaker, it's a sad time to be an American 
taxpayer. Here's Uncle Sam, all beat up because he's broke, and the 
reason is we have paid out Bear Stearns, a bailout, $28 billion, Fannie 
Mae and Freddie Mac, $200 billion, AIG bailout, $85 billion. Last week, 
the automobile industry got $26 billion. And today, lo and behold, $700 
billion.
  The American taxpayer is tired of paying for the sins of other 
people. It's time for them to pay and be responsible for their own 
misconduct.
  And that's just the way it is.
  Mr. FRANK of Massachusetts. Madam Speaker, while I believe the

[[Page 23114]]

gentleman is a little bit too harsh on the Bush administration, I 
understand his point of view.
  Madam Speaker, I now yield to the gentleman from Michigan, the dean 
of the House, for purposes of a colloquy.
  Mr. DINGELL. Madam Speaker, I want to commend the distinguished 
gentleman from Massachusetts for the outstanding job he and the 
leadership have done on crafting this legislation. They took a bad 
piece of legislation and they have significantly improved it to make it 
much better.
  I rise to support the legislation. And I would like to engage in a 
colloquy with my dear friend, Mr. Frank. I would note that the colloquy 
is an important one.
  Madam Speaker, the automobile manufacturers face the most difficult 
conditions they've faced in decades. We need to do something to help 
unfreeze the credit markets that are hurting our industry.
  As I read the legislation, the Secretary has the authority to 
purchase from a motor vehicle finance company traditional car loans and 
mortgage-related paper, such as a home equity loan used to purchase 
cars or trucks. Is my interpretation correct?
  I yield to my good friend.
  Mr. FRANK of Massachusetts. I thank the gentleman, who comes to us 
with great authority here because of having chaired the committee for 
years and had some of this jurisdiction, and having been right when 
other people were resistant, he speaks with a great deal of 
credibility. And the answer to his question is, yes, it does require 
that there be consultation with the Chairman of the Federal Reserve, 
but the Treasury Secretary is empowered to do exactly that.
  And I would add, as the gentleman knows, in my judgment, one of the 
major areas of damage we will see if this bill fails is that we will 
start to see a real contraction in credit for automobiles. So the 
automobile makers and the people who sell automobiles will all be hurt. 
And the answer is yes to the gentleman's question.
  Mr. DINGELL. I have an additional question to my dear friend. If the 
Federal Reserve Board were to use the authority it has to address 
extraordinary circumstances in the credit market, motor vehicle 
companies would have access to capital that would help them to finance 
dealer floor plans and to make consumer loans. Am I correct in this? 
And would my good friend support such a decision by the Federal Reserve 
Bank to make funds available as long as these companies face unusual 
and extraordinary market conditions?
  Mr. FRANK of Massachusetts. If the gentleman would yield, yes. Again, 
that is well within the legal authority that this Federal Reserve Chair 
has described to us that he has under the statute from the Depression.
  And given the centrality of the automobile industry--and we're 
talking, I want to again stress, not just making cars, but selling them 
and servicing them and repairing them, and of course providing great 
mobility to the American people. Clearly, this a worthy subject for the 
Federal Reserve to intervene with, when appropriate.
  Mr. DINGELL. Madam Speaker, I want to thank my good friend, the 
chairman of the subcommittee. He has worked very hard on an extremely 
difficult subject, and has perfected a very difficult piece of 
legislation in a remarkable way. The House and the country owe the 
gentleman a great debt.
  Mr. FRANK of Massachusetts. If the gentleman would yield, that would 
mean a great deal to me coming from anyone, but from the gentleman from 
Michigan, with his long record here in these areas, it means a 
particularly great deal.
  Mr. DINGELL. I thank my good friend.
  Madam Speaker, in the last few months we have watched the Bush 
administration negotiate the sale of Bear Stearns and Merrill Lynch, 
nationalize Fannie Mae and Freddie Mac, take an 80 percent stake in 
A.I.G., and let Lehman Brothers enter bankruptcy. When it became clear 
that this inconsistent, ad hoc approach was not going to be enough to 
keep our Nation from economic crisis, the Bush administration presented 
Congress with a plan that would give the Treasury Secretary unfettered 
authority to purchase up to $700 billion in troubled assets. In 2 days 
of hearings, Treasury Secretary Paulson and Federal Reserve Chairman 
Bernanke were asked by members of the Senate Banking Committee and the 
House Financial Services Committee to explain why such unprecedented 
and unfettered authority should be granted to a single individual, and 
it was clear that there was no answer.
  Since the Bush administration's proposal was first introduced, a 
consensus has emerged that this bailout package is needed but that it 
needs to be improved through the inclusion of a number of important 
provisions. I congratulate Chairman Frank and Ranking Member Bachus of 
the Financial Services Committee and Senators Dodd and Bennett of the 
Senate Banking Committee for working together to turn an unacceptable 
proposal into a bipartisan bill that will hopefully help bring us out 
of this crisis.
  I had a number of concerns about what is in the President's proposal: 
I was concerned about the potential cost, I was concerned about how the 
Treasury would determine a price for these assets, and I was concerned 
that there may have been other, more effective ways of giving these 
institutions access to the capital they need. I am happy to say that 
thanks to the hard work of the congressional negotiators, many of my 
concerns have been addressed.
  One concern that remains about this legislation is that it does 
nothing to address the underlying causes of this crisis. When Congress 
passed the Gramm-Leech-Bliley Act in 1999 and deregulated the financial 
sector, I warned my colleagues that tearing down the regulatory 
structure enacted after the Great Depression would lead to huge 
institutions that would be free to engage in risky behavior and that 
the failure of those institutions would result in massive government 
bailouts. I wish that my prediction had been wrong, but today that is 
exactly the situation we are faced with. The American people need to 
understand that nothing in this plan will address that issue. The plan 
does not reduce the amount of risk that these institutions are allowed 
to take on, it does not create a new agency or empower an existing one 
to review the actions of currently unregulated financial institutions, 
and it does not create any new standards to guide them in the future.
  Many Americans, who have seen their paycheck shrink over the last 8 
years, who have watched some of their neighbors lose their jobs, who 
are struggling to pay increased costs for things like gas, groceries, 
or health care services, and who resisted the temptation to take out a 
risky loan and instead bought a house they were sure they could afford 
and made every payment, do not understand this bailout. They do not 
understand what this plan will do, they do not understand why it costs 
so much, and they do not understand why their tax dollars are going to 
be spent to bail out the same Wall Street banks whose risky behavior 
contributed to this mess. Most importantly, they do not understand why 
the Government is offering so little to help their family.
  To all of my constituents who want to know why they are being asked 
to foot the bill to pay for this bailout, I can tell you only one 
thing: The cost of inaction to you and your family is greater than the 
cost of this bailout. Should Wall Street decline further and the value 
of the dollar continue to fall, it will mean greater unemployment, even 
higher prices for basic commodities, and access to credit for things 
like college education or home improvements will be even harder to 
obtain. The impact on the broader economy will be felt by every 
American. In fact, the credit crisis is already having an impact on the 
automobile industry that is so important to my constituents in Michigan 
and to hundreds of thousands of families around the country. If access 
to credit continues to dry up, the automobile financing companies will 
be unable to keep vehicles on dealership lots and help customers obtain 
financing. The automobile financing companies are not responsible for 
the current credit crisis, but they will be eligible to participate in 
this program to obtain the credit they need to keep vehicle sales 
strong.
  Furthermore, the package that we are voting on today is a far cry 
from the bailout proposal first offered by the President. It contains 
important provisions assuring greater transparency and oversight and 
ensures that there will be no golden parachutes for the executives 
whose recklessness contributed to this crisis. It also includes 
provisions that will assist families who are struggling to keep their 
homes by requiring the Federal Government to modify the terms of the 
mortgages it acquires.
  Most importantly, Speaker Pelosi, Chairman Frank, and others were 
able to negotiate into this package important provisions designed to 
protect taxpayer dollars and ensure

[[Page 23115]]

our investment is recouped. For example, the Government will have the 
option to take equity in the companies that participate in the bailout 
and will create an insurance program for and collect premiums from 
those holding toxic assets. If after 5 years these provisions have not 
allowed the Government to recoup 100 percent of the cost of the 
bailout, the losses will be recaptured directly from the financial 
industry itself.
  I do not, however, want to commit to anyone that this imperfect bill 
will work. It may not. Scholars of the Great Depression have told us 
that had the Government addressed the liquidity problem the economic 
collapse might have been a lot shorter or less forceful in its impact, 
or both. This bill may not work. But we have to try. Inaction is not an 
option.
  I understand the anger and frustration that exists about this 
bailout. I pledge to my constituents that this will not be the only 
congressional response to this situation. This legislation creates a 
Congressional Oversight Panel, tasked with drafting a special report on 
regulatory reform that will be ready in time for the 111th Congress. 
Should the voters in Michigan's 15th Congressional District see fit to 
return me to Congress next year I will work to see that report turned 
into legislation that restores the regulatory structure that is 
supposed to protect the financial system from this kind of failure and 
that provides much needed assistance to the hard working men and women 
who are suffering because of the economic climate created by 
irresponsible parties on Wall Street and here in Washington.
  I again want to thank the leadership of both parties in both the 
House and the Senate, and in particular Chairman Frank for the work 
that they have done to improve upon the plan sent to us by the Bush 
administration. I know that many of my colleagues are as skeptical of 
this plan as I am, and I know that for many of you it may be easier to 
vote against this plan than it will be to vote for it and have to 
explain to voters back home why we had to take this difficult step, but 
we must join together and pass this legislation now for the good of the 
country. I urge my colleagues to support this bill.
  The SPEAKER pro tempore. The gentleman from New Jersey is recognized 
to yield time managed by the gentleman from Alabama.
  Mr. GARRETT of New Jersey. Madam Speaker, I yield 3 minutes to the 
gentlelady from Illinois.
  Mrs. BIGGERT. I thank the gentleman for yielding.
  Madam Speaker, I rise today in reluctant opposition to this massive 
bailout of Wall Street. I understand why many of my colleagues are 
inclined to support it; the urge to act now and do something--
anything--to restore investor confidence is very compelling.

                              {time}  1115

  Our economy faces great risks, and I agree wholeheartedly that the 
government must intervene in some way to restore stability. But the 
plan that we are considering today is not what my constituents want, 
it's not what's best for the average American taxpayer, and it's not 
what's best for this economy.
  As a member of the working group assigned by GOP Leader Boehner to 
explore alternatives to a massive taxpayer-funded bailout, I was very 
pleased this weekend when we were able to develop a very realistic, 
workable alternative option to shore up these mortgage-backed 
securities. We took a long, hard look at the market and saw that a 
government-backed insurance plan could go a long way toward returning 
market value to many of these assets. It would address the market's 
aversion to these investments, and it would be entirely funded by risk-
based premiums leveled on the holders of the assets, not taxpayers.
  Our premise for this plan was and remains that Wall Street should pay 
for Wall Street's mistake.
  In addition, we outlined a tax proposal that would have injected 
billions into the private market, restoring liquidity and credit 
available on Main Street America. By temporarily removing the 
disincentive to repatriate, or bring back to America, profits made by 
American companies overseas, we could open the floodgates of capital 
into our marketplace.
  These are ideas that can work. But instead leaders have only agreed 
to attach a watered-down version of the insurance proposal to the same 
$700 billion bailout that the administration originally proposed. It 
creates an insurance purchase option for financial firms but then 
offers them the alternative of free taxpayer money. I wonder which one 
they will take?
  I'm very pleased that this plan has been improved over the past few 
days, especially the provisions limiting golden parachutes and allowing 
the public to share in the profits that may be made. But I am not 
convinced that we have taken the time to really come up with a strategy 
that truly protects the taxpayers.
  Let's take another look. Maybe we should start over. We discussed 
looking at the S and L crisis. The administration discounted that. 
Let's go back and look at the FDIC and doing away with mark to 
marketing. Instead of banks using fair value accounting, the SEC should 
use true value, giving immediate positive impact on the financial 
industry.
  Madam Speaker, we can and should do better. Main Street Americans 
deserve no less.
  Mr. FRANK of Massachusetts. Madam Speaker, I now yield 2 minutes to 
the gentleman from Oregon (Mr. DeFazio).
  Mr. DeFAZIO. I thank the gentleman for yielding.
  Madam Speaker, we started here a week ago with the Paulson plan. It 
was simple: Give him the keys to the Treasury and suspend all the laws. 
What we are doing, or proposing here today, is infinitely better, and 
the Democrats have labored hard to put in taxpayer protections and 
provide consequences for Wall Street executives.
  But what we consider today is still built on the Paulson-Bush 
premise; that is, President Bush and his Treasury Secretary, Mr. 
Paulson, say that dumping $700 billion of taxpayer-financed debt--we'll 
borrow the money--on top of Wall Street and buying up Wall Street's bad 
debts will solve the liquidity problem. It will trickle down through 
the economy to benefit small business. It will solve the underlying 
problem with the housing market, and it will stem job loss.
  I don't buy it. There are less expensive, less risky, targeted 
regulatory reforms and programs that could work better.
  But bottom line, President George Bush and his Treasury Secretary, 
Henry Paulson, insisted on a top-down Wall Street bailout solution. 
It's sort of like the financial surge strategy. And just like the surge 
in Iraq, as we go into it at the outset, we know it's not sustainable 
and we know it won't solve the underlying problems.
  Even worse, President Bush and Secretary Paulson and the Republicans 
insisted upon watering down the most critical portions of the bill. 
There is no mandatory way to pay for this bailout, no fee, no tax, just 
a proposal from a future President to a Congress that a Congress might 
think about to help take taxpayers off the hook. That's not protection. 
The golden parachutes, yes, they were exchanged for camouflaged 
parachutes. The execs on Wall Street are still going to get millions. 
Look at the loopholes there. We have added back in, at the insistence 
of the Secretary, credit card debt, auto loans.
  We can do better. We should start again on a new package, come back 
next week.
  Mr. GARRETT of New Jersey. Madam Speaker, I yield 2 minutes to the 
gentleman from California (Mr. Issa).
  Mr. ISSA. Madam Speaker, I rise in opposition to this bill.
  I am resolute in my opposition, not because it was easy to vote 
against your President, but our President and his administration are 
wrong. And if we vote here today for this bill, it is truly the end of 
the Reagan era.
  It's the end of the Reagan era because, in fact, under Ronald 
Reagan's time, we dealt with similar problems, a huge financial 
problem, and we worked our way out of it without unnecessarily buying 
assets. We closed institutions but we also saved institutions.
  Madam Speaker, my Governor often says, ``I'll be back.'' Madam 
Speaker, I have no doubt I'll be back, and I have no doubt that we will 
be trying to fix the problems next year that we don't fix here today. 
The mark-to-market problem, which Secretary Paulson has refused to deal 
with, in fact, in his own bill is very clearly being denounced. He

[[Page 23116]]

is raising the price of the assets we buy above mark-to-market while 
refusing to have the other assets allowed to be flowed to their true 
value. By definition today we are picking winners and losers in assets 
rather than going to creditworthy companies and helping them get the 
capital they need so they can make loans to men and women and companies 
and entrepreneurs out there who desperately need it to grow our 
economy.
  Madam Speaker, we are deleveraging the very capital and the very 
enterprises we need to date. GE Capital has said they are openly 
deleveraging. Why? Because that's the signal we're sending. We are 
collapsing this country into, in fact, a recession at a time in which 
the Ronald Reagan policy would be to expand opportunity, to find ways 
to give people who have great ideas an opportunity to reinvent America.
  So today we are ending the Reagan era if we vote for this, and if we 
can't come back and fix it next year, we will have permanently put a 
coffin on top of the coffin of Ronald Reagan.
  Mr. FRANK of Massachusetts. Madam Speaker, no one in this House has 
done more to fight for affordable housing and to prevent foreclosures 
and no one has had more of an impact and is trying within this bill to 
do the maximum that political constraints allow. So I now recognize for 
3 minutes the Chair of the Housing Subcommittee, the gentlewoman from 
California (Ms. Waters).
  Ms. WATERS. First, I would like to thank Barney Frank for his 
extraordinary work, accepting the impossible task of making sense of 
the economic crisis we are facing.
  Madam Speaker, $700 billion is a lot of money. Bailout for Wall 
Street? I don't think so. I could care less about Wall Street and the 
high-priced schemers and their tricky products: hedge funds, short 
selling, and insider trading. I care about Main Street and Martin 
Luther King, Jr. Drive.
  I am voting ``yes'' on this bill because this $700 billion will 
purchase the nonperforming loans, the bad debt, and the toxic paper 
which, if left to the market, could cause the greatest financial crisis 
our country has ever seen. These nonperforming loans represent people, 
real Americans in trouble. Yes, some got in over their heads. They 
contracted for mortgages they could not afford. But many Americans are 
the victims of predatory lending, suckered into adjustable rate 
mortgages that lured them with a low interest rate, no down payment, or 
no documentation loans that adjusted or reset within 6 months, 1 year, 
2 years, or 3 years. Homeowners were not always told the truth. Upon 
reset, homeowners were then faced with mortgages that doubled, tripled, 
or quadrupled with the new interest rates and the margins that were 
added to the existing interest rates.
  There's enough blame to go around. Greed, a regulatory system that 
turned a blind eye to these exotic schemes and products, brokers and 
banks who peddled these products, and investment banks who invested in 
these products all share some of the blame. We must correct the 
problems caused by these loans. We must modify these loans and stop the 
foreclosures and help American families keep their homes. We must 
reform our Federal regulatory agencies and never allow this subprime 
exploitation to occur again.
  Today we have financial institutions that will fail if we do not act. 
Credit will dry up for home mortgages, auto purchases, student loans, 
and small businesses. More jobs will be lost and the economy will 
crash.
  I would have preferred to have a strong bankruptcy provision in this 
bill, giving Americans a real option to work themselves out of debt. I 
would have also liked to have seen a provision providing a substantial 
fee to Wall Street firms that participate in this program. But, 
unfortunately, there was not the support or political will to get these 
things done.
  I have worked on this bill to strengthen the ability for the 
servicers who collect those mortgage payments and fees to modify these 
loans. I have worked to assist small regional and minority banks. I 
have included language to open up the ability for women and minorities 
to participate in asset management and all the other business 
opportunities, including opportunities for the newspapers, ad agencies, 
consulting firms, real estate professionals, legal services, financial 
managers, and information systems consulting services that will be 
created as we use these funds to clean up this mess.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. FRANK of Massachusetts. I yield an additional minute to the 
gentlewoman.
  Ms. WATERS. Madam Speaker, I am also pleased that the bill creates a 
Financial Stability Oversight Board to oversee the work that is to be 
done in this Emergency Economic Stabilization Act of 2008.
  Finally, I cannot take the chance that people who have worked all of 
their lives to save for their retirement will lose their pension funds 
and 401(k) savings nor can I take the chance that the stock market will 
be weakened and Americans will lose their investments. There will be 
many who will say ``I don't believe the average person will be hurt if 
we do not act.'' I refuse to take that chance. Today we do what we 
truly believe must be done. But believe me, we must and we will tighten 
the screws on Wall Street. This bill will support the idea that we must 
get rid of these outrageous compensation packages for CEOs and 
executives. We must prosecute those who violate the law and ignore 
their responsibilities.
  Today I vote ``yes,'' but there is much more to be done. We must 
never again allow the risk to our economy that's been created by greed 
to ever occur again.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
New Jersey (Mr. Garrett).
  Mr. GARRETT of New Jersey. Madam Speaker, I came to the floor this 
week, and, America, I said, you should be concerned about what 
Washington is about to do. Last night I came to the floor and I said 
you should be alarmed about what Washington is doing because of the 
lack of deliberation. Today I come and say, America, you should be 
outraged about what Washington is about to do because Washington is not 
listening to you.
  Whether you are Republican or Democrat, our offices have been hearing 
phone calls, 10-1, 100-1 against this proposal. But Washington is not 
listening. They are going ahead with the proposal as well.
  There is a problem. We recognize the problem. We must work on it now. 
But we should not go for the solutions to that problem to the same 
people who have brought that problem to us. We should not go to the 
administration, who has brought this problem to us through their 
actions in the past; the Federal Reserve with their roller coaster 
interest rates from 2001 to 2004, 6 percent to 1 percent down; and then 
2004 to 2007, 1 to 5 percent up; bubbles and bursts from the Fed and 
their false promises with Bear Stearns and AIG and GSEs.
  Nor should we turn to the Democrat leadership that has signed on to 
this bill; that Democrat leadership who has given us CRAs in the past 
that has led to the meltdown in the subprime market. Nor should we turn 
to the Democrat leadership who has blocked reform in the past to these 
GSEs and unbelievably say they will block any reform in the future to 
the GSEs.

                              {time}  1130

  No. The stakes are too high to turn back to those who have brought us 
the problem in the first place. We should look for new solutions. And 
there are solutions.
  But I will close on this, Madam Speaker. The noted University of 
Chicago economist, Robert Schimer, tells us that the U.S. has long been 
a beacon of free markets in the world. When economic conditions turn 
sour in Argentina or Indonesia, we give very clear instructions on what 
to do: Balance the budget. Cut government employment. Maintain free 
trade and the rule of law. And don't prop up failing enterprises. Those 
approaches by the U.S. are correct.
  But when the U.S. ignores its own advice in this situation, it 
reduces our credibility in the future. Rewriting the rules of the game 
at this stage will

[[Page 23117]]

therefore have serious ramifications not only for the people in this 
country but for the future of the globe. The social cost is far, far 
greater than any $700 billion.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield myself 30 seconds 
to correct an egregious misrepresentation of history.
  The gentleman just said that the Democratic leadership, I'm sorry, he 
said the Democrat leadership, I wouldn't want to misquote his 
adjective. He said the Democrat leadership, a point of great rhetorical 
significance to the large-minded on the other side, says that the 
Democrats fought GSE reform.
  The Republicans controlled this Congress from 1995 to 2006. No bill 
passing GSE reform went through. The Democrats took over in 2007. 
Within a couple of months this House, 4 months, this House passed----
  The SPEAKER pro tempore. The time of the gentleman from Massachusetts 
has expired.
  Mr. FRANK of Massachusetts. I yield myself 30 additional seconds.
  The House passed the GSE reform that the Bush administration 
requested. We then asked the Secretary of the Treasury to put that into 
the stimulus. He said no. The Senate then did it in July--and the bill 
became law. So 12 years of Republican rule, zero action on GSE reform, 
a year and a half of the Democrats being in power and GSE reform was 
passed.
  I now yield 3 minutes to the gentleman from Tennessee.
  Mr. TANNER. I thank the chairman for yielding. And I know if anybody 
has been keeping up with this weekend, I know that they realize and 
understand that this is not an ordinary time. I believe personally we 
are here because in this decade we have witnessed financial 
mismanagement and regulatory neglect which leads us to this morning.
  Unfortunately, when the Secretary of the Treasury came over and we 
looked at the proposal, or the bare bones of the proposal, it appeared 
to some of us that it was all about private gain and public risk. And 
that was unacceptable for the taxpayers to take the risk to help those 
referred to as Wall Street.
  So I have been asked to talk about this recoupment clause, section 
134 of the bill, that was finally accepted in negotiations. It says the 
following: ``Upon the expiration of the 5-year period beginning upon 
the date of enactment of this Act, the Director of the Office of 
Management and Budget, in consultation with the Director of the 
Congressional Budget Office, shall submit a report to the Congress on 
the net amount within the Troubled Asset Relief Program''--this bill. 
``In any case there is a shortfall, the President shall submit a 
legislative proposal that recoups from the financial industry an amount 
equal to the shortfall in order to ensure that the Troubled Asset 
Relief Program does not add to the deficit or national debt.''
  What this means is we have taken away the private gain-public risk 
aspects of this act and made sure that the people who are eligible to 
participate in it will pay back to the Treasury any shortfall that may 
occur at the end of the program.
  With this section 134, it is my opinion that this is no longer about 
Wall Street. This is about the IRAs, the 401(k)s, the pension plans 
that all American citizens have and that all State governments have at 
stake in their pension programs. This is no longer, then, about bailing 
out anyone. It is about trying to put together a plan that will do less 
harm than we would do otherwise by our inaction to every American 
citizen's financial security, IRA, 401(k) pension programs.
  If we have, as Chairman Bernanke, Secretary Paulson, the President 
and others has said, a colossal or a catastrophic situation happen 
because of our inaction, it's not going to be Wall Street; it's going 
to be the 401(k)s, the IRAs and the pension plans that all of us share.
  Mr. KINGSTON. Madam Speaker, I yield 2 minutes to the gentleman from 
Florida (Mr. Miller).
  Mr. MILLER of Florida. Madam Speaker, almost 2 weeks ago, Secretary 
Henry Paulson came to this Congress requesting $700 billion of taxpayer 
money for his friends and former colleagues on Wall Street. The former 
chairman of the investment bank of Goldman Sachs also asked this 
Congress to pass a law ensuring that his actions ``are nonreviewable 
and committed to agency discretion, and may not be reviewed by any 
court of law or any administrative agency.''
  The Founders of this great Nation set up an ingenious system of 
government to ensure that power was not disproportionately given to any 
one individual. The goal was to avoid tyranny, to avoid tyranny at all 
costs. But Secretary Paulson most likely skipped class that day and was 
hoping that we had as well. Many wonder how such a poorly constructed 
piece of legislation could even come to the Congress in the first 
place. And I wonder how our President approved this as well.
  By demanding this bailout money, the administration attempted to 
circumvent the legislative process. Moreover, the administration 
continues to insist that their way is the only way to avoid an imminent 
crisis.
  And perhaps most stunning is that the administration officials that 
are responsible for protecting American taxpayers and our free-market 
system were asleep at the switch. Securities and Exchange Commission 
Chairman Chris Cox recently admitted his culpability in this matter and 
amazingly, the Secretary of the Treasury recently admitted he had seen 
this crisis coming for almost a year and just now has come to our 
Congress.
  Such large-scale government interference in our government ensures 
that the correction process will take much longer. And what would help 
toward long-term stability is an injection of private capital, private 
capital into our economy. We need to lower tax rates on capital gains 
and corporate income, allowing people to invest more of their money and 
relieving American companies from one of the highest corporate tax 
rates in the world.
  The Democrats didn't care to address the capital gains tax issue. And 
in fact their response to the administration's bailout plan was just as 
bad.
  The SPEAKER pro tempore. The time of the gentleman from Florida has 
expired.
  Mr. KINGSTON. I yield the gentleman 15 additional seconds.
  Mr. MILLER of Florida. The plan was just as bad.
  I can tell you that an overwhelming majority of my constituents have 
called, e-mailed and written to my office stating their outright 
opposition to any sort of bailout. The American taxpayer deserves 
better than what we are getting here today. And we must not sacrifice 
long-term freedom for short-term financial gain.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield myself 15 seconds. 
On page 58 the gentleman was right to object to the provision in the 
original bill sent to us by the Secretary exempting him from judicial 
review. We have disexempted him. If Members will look at page 58, he is 
now subject to appropriate judicial review.
  I now yield 2 minutes to the gentleman from Minnesota.
  Mr. OBERSTAR. Madam Speaker, I thank the chairman for the time. We've 
been here before at this precipice, looking into the abyss of 
uncertainty--of Lockheed, of New York City's financial crisis, of 
Chrysler and of post-9/11 airlines, perhaps not all of us personally, 
but we, this body. And in each of those cases where great uncertainty 
shadowed over this body, we found a way to make the right decision. And 
in each of those cases, the government was called upon, the Federal 
Government, to help the private sector, or in the case of New York 
City, the city, and through it, the private sector.
  And in each case, our good judgment was rewarded. Lockheed paid off 
its loan. Chrysler paid off its securitized loan from the Federal 
Government with interest. The New York City financial crisis was not 
limited to New York. It spread into every State of this country. And we 
saved each hometown bank by coming to the rescue of New York City.
  And I stood here in the well of this House with the gentleman from 
Alaska

[[Page 23118]]

(Mr. Young), then the chairman of the Committee on Transportation and 
Infrastructure, to ask this body to look over the horizon to what would 
happen on Monday if on Friday we didn't propose to rescue the airlines 
who had been shut down by the Federal Government in a national security 
interest and provide loan guarantees.
  And while it stumbled, the proposal stumbled and faltered that 
evening, it was a commitment to come back the following week and to do 
it and to do the right thing. And in those negotiations, I remember 
very well Speaker Hastert.
  The SPEAKER pro tempore. The time of the gentleman from Minnesota has 
expired.
  Mr. FRANK of Massachusetts. I yield the gentleman another 15 seconds.
  Mr. OBERSTAR. I remember Speaker Hastert saying, no, this is the 
right thing. We have to do it.
  We are again at that point. Chairman Frank has crafted an 
extraordinarily talented proposal that protects the public interest. 
And once again, we have to do it.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Speaker, I rise today in opposition to this bailout 
not because I don't believe we face financial crisis in this country. I 
rise in opposition to this bailout because I know we are in a financial 
crisis, one that will be prolonged with this legislation.
  The premise of this unprecedented government intervention is that the 
free market has failed and that government must come to its rescue.
  In reality, the crisis we now face is a result of government 
intervention in the market. We are in this predicament largely because 
implicit, and eventually explicit, Federal guarantees in Fannie Mae and 
Freddie Mac shielded the financial services sector from market 
discipline.
  Madam Speaker, those who believe that they can control and direct the 
market's invisible hand will eventually be slapped by it. That is the 
painful and embarrassing situation we find ourselves in today. We don't 
have enough money in the Federal Treasury, nor can we responsibly 
borrow enough money, to keep the market from finding its natural 
bottom.
  Now is the time to act on the free market principles we profess to 
believe in. Let's vote down this bill and instead pass legislation that 
is consistent with those principles.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer).
  Mr. BLUMENAUER. I appreciate the gentleman's courtesy as I credit his 
mastery for bringing this bill before us today. Thanks to his 
leadership, the leadership of Speaker Pelosi, and the cooperation of 
the Republicans, it is a far better bill.
  But, unfortunately, this is not likely to be the end of the bubbles. 
We must with our actions be extraordinarily careful if we don't want to 
compromise the next rescue. Remember Long-Term Capital Management, the 
hedge fund? What happens if the hedge fund industry is next? The 
article in today's New York Times wasn't very comforting. Any real 
rescue must include bankruptcy equality for homeowners. This is not 
just a moral issue. Fairness to our Nation's homeowners is the key to 
stabilizing home values currently in free fall.
  We cannot continue to bail out failing industries with borrowed 
money. No bill should be enacted without a payback from the financial 
services sector to be rescued, not merely a hint of a promise to pay 
back in 5 years. At the core, we are ignoring the fundamental question 
about the size and scale of the financial services industry in trouble 
not just because of a lack of regulation, but because we had too many 
people pursuing unsustainable business practices.
  We have seen change from an irresponsible White House proposal into a 
responsible bill. But it's not as good as it should be. And sadly, may 
be besides the point if more bubbles explode.
  I will vote ``no,'' reluctantly hoping I am wrong, but fearing that I 
am right.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Gohmert).
  Mr. GOHMERT. Madam Speaker, we've heard a number of comments about 
we've just got to bite the bullet and do this. We heard the same things 
about let's bail out Fannie Mae and Freddie Mac. We've got to take this 
one step. And then we heard from the former chairman of the FDIC, guys, 
you don't realize, if you do this, you are going to start the dominoes 
falling.
  People have talked about this precipice.
  Making this vote, passing this bill is jumping into the precipice 
because next we have got to come bail out the community banks that are 
doing just fine. If we would allow the banks to value these mortgage-
based securities at the very value Paulson wants to take taxpayer money 
and buy them, they would be okay. Washington Mutual wouldn't have 
failed. We hear about we did the right thing with Chrysler and New 
York. Those were loans. This is putting the government in the position 
of buying all these things.
  And as the FDIC former Chair said, when the Federal Government buys 
them, they immediately become worth less. That is the way it is. That 
is the way it will be.
  And nobody seems to ask, who is it that is going to manage these 
assets? I have been asking. And finally the answer I got was, well, of 
course, we're going to have to outsource that.
  You're going to outsource it to the very people that caused the 
problem. We're going to give them billions for assets they have 
mismanaged. And then we're going to hire them to manage those assets.
  Please, please don't betray this Nation's great history. The 
committees used to do good work and ferret this stuff out.

                              {time}  1145

  They haven't been allowed to do their work, or they would have done a 
better job. Let the committees do the work. Let's get a better bill, 
and save America from Congress hurting it by jumping off this 
precipice.
  Mr. FRANK of Massachusetts. I yield 2 minutes to the gentlewoman from 
Michigan (Ms. Kilpatrick).
  Ms. KILPATRICK. Madam Speaker, I have the highest respect for my 
chairman, Barney Frank, and your genius, thank you very much, as well 
as Speaker Pelosi for her leadership.
  A week ago today we were sent a three-page bill, $700 billion, send 
it back to us and never ask us any questions. I am proud that the 
chairman and Speaker and leadership on both sides of the aisle have 
come to some agreement.
  Contrary to popular belief, our financial crisis was not due to just 
people who couldn't afford the loans. It was Wall Street's problem, the 
people who managed this process over the years, with a lack of 
regulation from this administration. It was also predatory lending, 
lending from predators, banks in many instances, the very people we are 
going to give the money to, who took the loans, who made the loans, and 
didn't require the proper oversight. It is not the little people.
  It is the loss of jobs. In America we have lost over 600,000 jobs 
over the last 8 years, good jobs, manufacturing jobs. The American 
Dream has slipped away, speculation from Wall Street, from developers. 
All of us have been affected by this crisis, and all of us believe 
there ought to be some end to this.
  We must work as elected representatives of the people. Over 400 
economists, as has been said earlier and we have the documentation, are 
opposed to the process and the way we are going about it. Three of them 
are Nobel Laureates who have come to this conclusion, and economists, 
professionals extraordinaire.
  Unfortunately, there is no judicial review in this to protect the 
average citizen. We talk about the mortgages, but this helps the banks 
in their book of mortgages. It does not help the little person who 
needs it. There is no judicial review to come to her aid or his aid.
  It is unfortunate that we are here today talking about $700 billion, 
and, as an appropriator, $1 trillion is probably what it will be and 
more. We do not yet know how much it will be.

[[Page 23119]]

  We need to take our time on this. We have been talking about it now 7 
days nonstop. We can do better. There is a better process. I hope that 
we can slow down this train.
  We will probably vote in a few hours, less than an hour now. The 
Senate is not going to vote until later this week. We can do better, 
the American people deserve more, and I urge a ``no'' vote on this 
legislation.
  Mr. BACHUS. Madam Speaker, I yield 5 minutes to the gentleman from 
Wisconsin (Mr. Ryan).
  Mr RYAN of Wisconsin. I thank the gentleman for yielding. I want to 
thank our distinguished ranking member of the Financial Services 
Committee for all the work he has done this week. A lot of us have lost 
a lot of sleep, a lot of us who have looked at this situation.
  When Secretary Paulson came to us about a week ago, he gave us a 
three-page bill that said give me a blank checkbook and put $700 
billion in it. I was offended at that time.
  So what happened since then? We added 107 pages of taxpayer 
protection to that bill. We understand the gravity of this situation, 
and we worked with our colleagues on the other side to make this bill a 
better bill.
  We made sure that there is an upside for the taxpayer so that when 
this happens, when profits come to these companies, we get their stock 
warrants, so the first person in line to get those profits is the 
American taxpayers so they can get their money back. We made sure that 
there is an insurance program that makes sure that Wall Street shares 
in the cost of this recovery plan. And we also made sure that the 
executives of these companies that made these bad bets don't profit 
from this rescue recovery plan. We cut the initial cost in half of this 
bill. Congress will have to approve the second half of this next year.
  Why did we do all of this? Because this Wall Street crisis is quickly 
becoming a Main Street crisis. It is quickly becoming a banking crisis.
  What does that mean? Why does that matter to us? Why does that matter 
to Janesville, Wisconsin? If it goes the way it could go, that means 
credit shuts down; businesses can't get money to pay their payroll, to 
pay their employees; students can't get student loans for next 
semester; people can't get car loans; seniors may not have access to 
their savings. Are we standing at the edge of this abyss? Nobody knows. 
But maybe. It is very probable.
  Madam Speaker, this bill offends my principles. But I am going to 
vote for this bill in order to preserve my principles, in order to 
preserve this free enterprise system.
  This is a Herbert Hoover moment. He made some big mistakes after the 
Great Depression, and we lived those consequences for decades. Let's 
not make that mistake. There is a lot of fear and a lot of panic out 
there. A lot of what this is about is getting that fear and panic out 
of the market.
  I think the White House bumbled this thing. They have brought this 
issue up to a crescendo, to a crisis, so that all eyes of the world 
markets are here on Congress. It is a heavy load to bear. We have to 
deal with this panic. We have to deal with this fear.
  Colleagues, we are in the moment. This bill doesn't have everything I 
want in it. It has a lot of good things it. But we are here. We are in 
this moment. And if we fail to do the right thing, heaven help us. If 
we fail to pass this, I fear the worst is yet to come.
  The problem we have here is we are one month away from an election. 
We are all worried about losing our jobs, and all of us, most of us, 
say this thing needs to pass, but I want you to vote for it, not me.
  Unfortunately, a majority of us are going to have to vote for this, 
and we are going to have to do that because we have a chance of 
arresting that crash. Just maybe this will work.
  And so for me and for my own conscience, so I can look at myself in 
the mirror tonight, so I can go to sleep with a clear conscience, I 
want to know that I did everything I could to stop it from getting 
worse, to stop this Wall Street problem from infecting Main Street.
  I want to get on my airplane and go home and see my three kids and my 
wife that I haven't seen in a week, and look them in the eye and know 
that I did what I thought was right for them and their future. And I 
believe with all my heart, as bad as this is, it could get a whole lot 
worse, and that is why I think we have to pass this bill.
  Ms. BEAN. I yield 2 minutes to the Congresswoman from Texas (Ms. 
Jackson-Lee).
  Ms. JACKSON-LEE of Texas. Madam Speaker, the Constitution of the 
United States is present to protect Main Street. The full faith and 
credit of this constitutional document will protect the men and women 
of America.
  I will not stand here today and suggest that we do not have some 
challenges. I frankly believe that the bill we have before us is a 
miracle, and I thank the leadership for their strength in 
recharacterizing the two-page bill that anointed the Secretary of the 
Treasury that came from the White House.
  But my question is, where was the Securities and Exchange Commission? 
Where was the FDIC, the Federal Reserve? Under the control and 
domination of this administration. So when we ask the question why, we 
need to look back at those who controlled the policies of America for 
the last 8 years. Where was the Secretary of the Treasury?
  But I don't stand here to cast aspersions. I will say to you that 
this has been diagnosed, but America needs a second opinion. There is 
no enforcement in this legislation. The Financial Stability Oversight 
Board, no enforcement provisions; the Congressional Board, no 
enforcement provisions; the Inspector General, no enforcement 
provision. There are no criminal penalties for those who have been 
charged with malfeasance and criminal activities, no barring of 
individuals who are convicted of malfeasance and criminal activities 
from doing business with the United States.
  So, in essence we give this money, and who does it go to? No listing 
by the Secretary of the Treasury where the first dollar will go. No 
separating a certain amount to help those in foreclosure in America in 
the small towns, hamlets and villages, when in fact we know that we 
could establish a Homeowners Loan Corporation and help those on Main 
Street.
  Yes, I do believe we are challenged. But I believe we can come back, 
watch the markets, and work forward. This is a bill that hands out; it 
doesn't hand up. I ask my colleagues to consider the fact that we are 
protecting Main Street, not Wall Street.
  Madam Speaker, I rise with great concern regarding H.R. 3997, the 
Emergency Economic Stabilization Act of 2008. I would like to thank 
Chairman of Financial Services Barney Frank for bringing this important 
piece of legislation to the floor. I also rise with a sense of the 
solemness of this moment. However, I rise today with the confidence 
that our system of Government is strong and the constitutional 
protections of the full faith and and credit of our Government will 
protect Main Street America while we reform America's Wall Street.
  Leadership has worked without tiring to alter the language provided 
by the administration for the betterment of the American people. Our 
leadership has created a miracle by modifying the 2 page document sent 
by the Treasury Department last week into a 109 page document. I thank 
leadership for that. We toiled long into the night to incorporate 
Democratic principles--many of which have still not been included.
  Where was the FDIC? Where was the SEC? Where was the Federal Reserve?
  I have worked with leadership to offer consistent amendments that 
would have strengthened the punitive measures over the past week to 
change the administration's proposal to make it more encompassing, 
effective, and better for the American people. While the present 
legislation is impressive, it is also impressive regarding what is 
absent from this legislation. For example, the legislation is devoid of 
bankruptcy restructuring, devoid of real enforcement, and devoid of any 
meaningful judicial review. These are all issues that I have been very 
concerned about.
  In fact, it is because I am concerned and desire that the maximum 
number of Americans get relief from this bill, that I offered 
amendments yesterday. To ensure that this bill provides relief for 
Americans, I offered the following amendments:

[[Page 23120]]

  Set aside $125 million (in fact the amount could been more) as a firm 
allotment to address the question of individual American homeowners 
facing foreclosure in light of the absence of a bankruptcy provision;
  Add Sense of the Congress language that Bankruptcy Code should be 
reviewed and amended in the future to permit bankruptcy judges to 
address the question of individual home mortgage restructuring;
  Allow the courts to exercise rigorous judicial review and provide 
those courts with the discretion to grant injunctive and/or equitable 
relief if the courts determine that such relief would not destabilize 
financial markets;
  Create a new, independent commission to exercise oversight over the 
current financial situation with enforcement powers;
  Allow criminal liability for persons or corporate entities that have 
engaged in criminal malfeasance;
  Bar persons/corporate entities found to have engaged in criminal 
malfeasance with malicious intent in financial markets from doing 
business with the Federal Government in the future.


                          The bill in context

  Segments of the economy have the ability to be strong. America needs 
to employ its full faith and credit to back its commitments. I feel 
strongly that this bill should have set aside $125 million to help 
homeowners who are facing mortgage foreclosure. This is important 
because it is money that would have been used to help the aggrieved: 
Main Street.
  It is important to note that all five big investment firms--Bear 
Sterns, Merrill Lynch, Lehman Brothers, Goldman Sachs, and Morgan 
Stanley have altogether disappeared or morphed into regular banks. 
Given this phenomenon, the question arises and no one has or can seem 
to explain: Is this bailout still necessary?
  Dr. James K. Gailbraith, of the University of Texas, wrote in the 
Washington Post on September 25, 2008, that the bailout is not 
necessary because the point of the bailout has been articulated as 
buying assets that are illiquid ``but not worthless. But regular banks 
hold assets like that all the time. They are called `loans.'
  With banks, runs occur only when depositors panic, because they fear 
the loan book is bad. Deposit insurance takes care of that.''
  Deposit insurance presently is capped at $100,000. We should have 
considered raising the FDIC insurance cap, increased the amount of 
capitalization in the FDIC corporation, increased the amount of 
reserves in the Treasury Department.
  Dr. Galbraith wrote, ``In Texas, recovery from the 1980s oil bust 
took 7 years and the pull of strong national economic growth. The 
present slump is national, and it can't be cured by legislation alone. 
But it could be resolved in 3 years, by a new Home Owners Loan Corp., 
which would rewrite mortgages, manage rental conversions, and decide 
when vacant, degraded properties should be demolished.''
  As I consider this piece of legislation, three of the themes are 
consistent throughout it are (1) where is the enforcement; (2) who 
receives the first dollar; and (3) what is the disastrous and 
catastrophic event that will occur if this bill is not passed today? 
Because of the complexity of the nature and extent of the problems 
within the financial markets, I would rather that Congress carefully 
review and consider the right solution.
  Congress should order the SEC, FDIC, the Federal Revenue Service to 
use their current powers and prevent the consequences with some 
extraordinary powers such as cited above regulating lifting the caps at 
the FDIC and allowing the SEC to suspend certain accounting practices; 
all this can be done without the massive bailout all at once.
  This legislation was considered at 10 p.m. in a closed rule last 
night; debate on the rule immediately transpired with fewer than 10 
members participating at approximately midnight. In less than 10 hours, 
members are expected to have read, understand, and speak intelligently 
upon this complex piece of legislation.
  When we consider the magnitude and extent of the financial problem, 
we must consider how America has gotten here in the first place. During 
the past administration, America underwent a housing boom. Depressed 
housing markets around the country experienced unparalleled increases 
in price. Middle-class, working Americans sought to achieve the 
American dream by purchasing a home.
  At the same time, banks and financial institutions were selling 
unsophisticated consumers unconventional and creative mortgage 
financing alternatives. Financial institutions were apt to qualify 
borrowers for more house than they could afford. Financial institutions 
were lending subprime mortgages and engaged in predatory lending. 
Adjustable rate mortgages, which had an interest rate that would adjust 
within 1, 3, or more years, became more common within the last 7 years. 
Interest-only names became common names within the first home 
purchaser's market. Borrowers who were considered a credit risk were 
allowed to purchase home. The banks and financial institutions were not 
paying attention to a borrower's credit rating, their ability to pay, 
or a borrower's potential to default.


                      Present Financial Situation

  According to Bloomberg, this morning stocks around the world tumbled, 
the euro and the pound plunged and bonds rose as governments raced to 
prop up banks. Hong Kong's Hang Seng Index plunged 4.31 percent to 
17,876.41, and Tokyo's benchmark Nikkei lost 1.3 percent to close at 
11,743.61.
  Europe's Dow Jones Stoxx 100 Index declined 3.2 percent. MSCI Asia 
Pacific Index lost 2.7 percent after Dexia SA sank the most since it 
began trading 12 years ago, and ICICI Bank Ltd. retreated to a 2-year 
low. Futures on the S&P's 500 Index fell 1.7 percent as Wachovia Corp. 
tumbled 91 percent. Citigroup Inc. agreed to buy the company's banking 
operations in a transaction the Federal Deposit Insurance Corp. helped 
arrange.
  The British pound dropped the most against the dollar in 15 years, 
and the euro weakened after European governments stepped in to rescue 
Bradford & Bingley Plc, Fortis, and Hypo Real Estate Holding AG.
  So far, the $700 billion package to shore up banks hammered out by 
Treasury Secretary Henry Paulson and congressional leaders over the 
weekend failed to convince investors it will shore up banks saddled 
with growing mortgages losses. The crisis that began with bad home 
loans to subprime borrowers in the U.S. is threatening to push the 
global economy into a recession as consumers lose confidence as banks 
cut back on lending.
  It is difficult to have a $700 billion dollar rescue bill when the 
President failed to sign for $60 billion dollars to provide economic 
stimulus to working-class Americans.
  In September, Fannie Mae, Freddie Mac, and Lehman Brothers all filed 
for bankruptcy. Merrill Lynch agreed to sell itself to Bank of America, 
MG was taken over by the Treasury, and Washington Mutual was seized by 
regulators in the biggest U.S. bank failure in history. Financial 
institutions worldwide have reported more than $550 billion of credit 
losses and asset writedowns since the beginning of 2007, according to 
data compiled by Bloomberg.
  Even after the announcement of the rescue package, the worldwide 
markets are still declining. I fail to see the specific catastrophic 
events/consequences that the U.S. public will experience if this 
bailout does not occur.
  I am cautious because I believe that we as members of Congress need 
to take the time to craft a real recovery plan for our economy, a plan 
that puts people first and addresses our multiple economic crises, 
including good jobs, affordable housing, health care, retirement 
security, infrastructure, and disaster relief (Katrina, Ike, etc.).
  Last week, New York Mayor Michael Bloomberg announced $1.5 billion in 
public spending cuts. I do not believe that this was prudent. Schools, 
fire departments, police stations, parks, libraries, and water projects 
are getting cut. The persons who are feeling the effects of this 
economic decision are the more vulnerable populations, the elderly, the 
children, and the working- class. Mayor Bloomberg's reaction is not the 
solution either.
  It is clear that something must be done, but this bill does not 
provide the answer that America seeks.
  Recently, Congress sent an economic stimulus package to the President 
that would have provided $60 billion dollars in relief to middle-class 
working Americans. The President vetoed this bill. However, the 
Administration sends to us today this bill requesting $700 billion 
dollars to bail out Wall Street.
  I would offer that we need to restructure our present financial 
system. However, the kinds of reform that I believe are necessary are 
not included in this bill. For example, the Federal Reserve itself 
needs to be reformed. As members of Congress we should be looking at 
establishing greater oversight, preventing predatory practices, and 
establishing public alternatives to the reckless privatized system that 
brought us the crisis in the first place. We need to prevent the 
victims of predatory lending from losing their homes and restrict 
lobbying by the financial sector.
  I have heard from my constituents that they are not supportive of 
this bill. Many themselves were community bankers. One community 
banker, for example, wrote:
  ``I am a community banker who is deeply concerned about the recent 
developments on Wall Street and the bailouts that our government has 
undertaken. The great, great majority of banks in this country never 
made one

[[Page 23121]]

subprime loan, and 98 percent are well-captialized . . . we don't ask 
for or need a bailout.''


               Little Relief for the Nation's Homeowners

  Because of the way that the bill is written, few if any homeowners 
will get mortgage relief, which is why I offered an amendment that 
would give $125 million directly to the homeowners facing mortgage 
foreclosure. The bill does not contain any provision allowing the terms 
of a mortgage to be changed without the consent of all the investors 
who own the mortgage. Few homeowners will benefit. For example, the 
bill would not provide relief to the majority of homeowners. The bill 
is little more than a Wall Street earmark and is not really a bill for 
homeowners. Although the bill does not provide for parachutes for 
executives, the executives' compensation remains the same.
  This is because the Treasury will chiefly purchase mortgage-backed 
securities which will make the Federal Government one of several co-
owners of millions of mortgages. Whether or not any mortgages modified 
will be determined by the loan servicer acting on behalf of all the 
various investors who own a piece of the mortgage. That is why Section 
108(d) states in part ``The Secretary shall request loan services 
servicing the mortgage loans to avoid preventable foreclosures.'' 
Congress has already requested all loan servicers nationwide to avoid 
preventable foreclosures, so an additional request from the Treasury is 
unlikely to change current behavior.


                         Republican Commentary

  Republican critics of the bill argue that the bill rescues persons 
that lack financial responsibility because they were living beyond 
their means or that the bill helps minorities who did not exercise 
fiscal responsibility. There is simply no credibility to these 
arguments. As I have attempted to stress today, the mortgage 
foreclosure crisis affects all Americans. Financial institutions 
engaged in speculation on Wall Street that we now see has had a 
deleterious effect on Main Street.
  Speculation, in a financial context, is the assumption of the risk of 
loss, in return for the uncertain possibility of a reward. Speculation 
is one of the main causes of various economic crises around the world. 
In fact, speculators have played a major role in the present crisis. 
The speculators were greedy.
  Nonprofits such as ACORN, NACA, and Homefree USA, among many others, 
have long been waging consumer campaigns to educate borrowers about the 
various financial instruments. And I am resoundingly grateful to them 
for their hard work. We cannot make them the scapegoats. These 
organizations have allowed persons who might not otherwise have the 
knowledge or the opportunity to purchase a home, the opportunity to do 
so in the right way. These nonprofits should be applauded.
  Everyone deserves the economic dream of owning their own home. But 
the financial institutions were dilatory in their responsibility to 
assess the borrower's ability to pay for loans and purchase a home. It 
was the squandering of this responsibility and preoccupation with greed 
and avarice that has led us to where we are today.
  There are substantial improvements in the present version of the bill 
compared to the Bush administration proposal. However, the bill as it 
is presently written does not provide the necessary relief to middle-
class America. Frankly, the bill provides no panacea to our present 
economic woes. Our markets will have the full faith and credit of the 
United States. This bill has not sent a sufficiently clear message 
because it lacks enforcement.
  There are provisions now that address accountability measures by 
requiring a plan to ensure the taxpayer is repaid in full, and 
requiring congressional review after the first $350 billion for future 
payments.
  Principally, there are three phases of a financial rescue with strong 
taxpayer protections: reinvest, reimburse, and reform. One of the 
phases is to reinvest in the troubled financial markets to stabilize 
the markets. Another reimburses the taxpayer and requires a plan to 
guarantee that they will be repaid in full. The last is to reform how 
business is done on Wall Street. The current legislation provides for 
fewer golden parachutes and, to its credit, provides sweeping 
congressional oversight.
  There are critical improvements to the rescue plan that yield greater 
protection to the American taxpayers and even to Main Street. The 
protection for taxpayers include the following:
  Gives taxpayers a share of the profits of participating companies, or 
puts taxpayers first in line to recover assets if a company fails; and
  Allows the Government to also purchase troubled assets from pension 
plans, local governments, and small banks that serve low- and middle-
income families.
  For companies publicly auctioning over $300 million: There will be no 
multi-million dollar golden parachutes for top five executives after 
auction, although nothing prevents these executives from still reaping 
enormous salaries. There will be no tax deduction for executive 
compensation over $500,000.
  However, with a ``pause'' we can help the financial markets and make 
America secured.


                         my amendment language

  While the bill has some improvements, what is missing from the bill 
are serious enforcement mechanisms. The language of the bill was good 
and was marked improvement over what the administration sent to us last 
week, but more work needs to be done on the bill. There are still 
elements that need to be added to the bill.
  The bill provides for the creation of a Financial Stability Oversight 
Board in Section 104. The bill also establishes a special inspector 
general for the troubled asset relief program in Section 121. Last, 
section 125 establishes the Congressional Oversight Panel. Importantly, 
these sections lack any real enforcement. These sections require 
reports and investigation; however, there is no criminal sanction for 
any malfeasance perpetrated by employers.
  One of my amendments would have established an Oversight Board that 
would have had the authority to issue criminal penalties and civil 
sanctions. My amendment would have provided a strong enforcement 
mechanism and would have been effective in ensuring that this crisis 
does not occur again. It would send a clear message to Wall Street.
  Another of one of my amendments would have added serious judicial 
review to Section 119. Section 119 presently provides that no 
injunction or other form of equitable relief shall be issued against 
the Secretary other than to remedy a violation of the Constitution. My 
amendment would have allowed meaningful judicial review because it 
would have allowed injunctive and other forms of equitable relief 
insofar as the grant of such relief did not disrupt financial markets. 
These are remedies available at law and in equity. I see no compelling 
reason why such relief should not be granted in the financial context.
  The bill has no bankruptcy provisions. The bill does not permit 
homeowners who are presently in mortgage foreclosure from declaring 
Chapter 11 and 13 bankruptcy. Importantly, my amendment would allow 
homeowners in default of their mortgages to restructure their loan, 
thus providing immediate relief to the homeowner.
  Because the bill is devoid of bankruptcy relief, I offered another 
amendment to set aside $125 million as a firm allotment to address the 
question of individual American homeowners facing foreclosure. I 
believe that this would have provided relief in the absence of any 
extension of the bankruptcy code to address current homeowners in 
mortgage foreclosure.
  I believe that Wall Street is an important and vital part of the 
Nation's economy. I believe that the people who work there are good. It 
is a well known fact that financial markets do not always serve small 
businesses and minorities. I have personally had experiences where 
good, hardworking people and small business owners were denied access 
to financial markets.
  I believe in America, and I believe in its Constitution. I believe 
that we can create a bill that would allow constant monitoring and 
vigilance and would help the American people.
  I am reminded of the Preamble to our Constitution, which reads:
  ``We the People of the United States, in Order to form a more perfect 
Union, establish Justice, insure domestic Tranquility, provide for the 
common defence, promote the general Welfare, and secure the Blessings 
of Liberty to ourselves and our Posterity, do ordain and establish this 
Constitution for the United States America.''
  I would like to end with a quote from Alexander Hamilton: ``The 
sacred rights of mankind are not to be rummaged for, among old 
parchments, or musty records. They are written, as with a sun beam in 
the whole volume of human nature, by the hand of the divinity itself 
and can never be erased or obscured by mortal power.''
  Let us work to provide the American people with the sun beam. Let us 
work to provide legislation that works and that serves the American 
people.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Nebraska (Mr. Fortenberry).
  Mr. FORTENBERRY. Madam Speaker, undoubtedly America is facing a very 
serious financial challenge. There is a threat of systemic failure. Yet 
the central issue before us is twofold: First, is this situation as 
dire as predicted? And, second, is this construct, this bill, this type 
of government intervention, with its huge expenditure and

[[Page 23122]]

taxpayer exposure, the correct approach?
  While I recognize the economic dangers this Nation faces, I deeply 
regret that we have accepted artificial deadlines in a rush to do 
something.
  The bill before us today, while much improved from the original 
administration proposal, relieves bad assets from the market which have 
no defined market value. But it overlooks more fundamental issues, such 
as accounting rules called mark to market, that are forcing banks to 
artificially write down assets, many of which have real economic value 
but technically no or little book value. This in turn erodes the 
ability to leverage these assets to meet capital requirements, 
resulting in shrinking credit and an inability to make loans.
  Simple measures to change this problem are not even being considered. 
Should we also increase the Federal Deposit Insurance Corporation 
guarantees to restore depositor confidence? Could we give banks some 
breathing room to work out these problems, rather than a taxpayer 
assumption of these underlying assets?
  The taxpayer exposure of this bill started at $700 billion. It 
remains $700 billion. Nebraskans and most other Americans have made 
responsible financial decisions. Now we are forcing them to foot the 
bill for the financial industrialists of Wall Street who created this 
mess for Main Street, and perhaps we have not addressed the underlying 
fundamental problems.
  We are falling into a trap of sequential decisionmaking. Once we 
adopt this construct, we shut the door on alternatives that may be less 
costly, easier to implement, and may provide a way through this crisis.
  The choice between action or inaction today is a false one. In good 
conscience, I cannot support this legislation.
  Mr. FRANK of Massachusetts. Madam Speaker, our committee was joined 
this year by an extremely thoughtful Member who brings a wide range of 
relevant experience, the gentleman from Illinois (Mr. Foster). I yield 
him 2 minutes.
  Mr. FOSTER. Thank you, Chairman Frank. I rise this morning in support 
of this legislation.
  As a scientist and a businessman, I accept the need for speed and 
overpowering force in this situation. With the credit system locked, 
small and large businesses are being told to prepare contingency plans 
for what to do if their operating lines of credit are not extended. 
Banks are refusing to lend to each other at normal rates or not at all. 
Banks are failing every day. If nothing is done and the situation 
persists for even a few weeks, both experts and common sense say that 
we are facing the real prospect of entering a depression.
  This morning's Wall Street Journal describes how the credit crisis is 
now extending on to franchises, the McDonald's, the Paneras, the 
Dunkin' Donuts, and threatening the jobs of thousands of their 
employees. So my vote in favor of this legislation will in fact be a 
vote to protect the interests of hardworking Americans, and don't let 
anyone ever tell you otherwise.
  I am going to support this bill because it is not a three-page blank 
check to dispense 700 billion taxpayer dollars. It contains many 
important protections for taxpayers. It limits CEO compensation, no 
golden parachutes, and restructures that compensation to discourage the 
risk-taking behavior that got us into this mess in the first place.
  It provides three useful paths out of this crisis: an auction 
mechanism favored by the administration to buy up troubled assets at 
market prices; an insurance program with support on both sides of the 
aisle that could well be the most useful method for reestablishing 
markets in the least risky of the bad securities out there; and my 
favorite, the possibility of an AIG-style rescue, where we can go back 
to the taxpayers and say, yeah, we saved their butts, but guess what? 
We own 80 percent of the profits when they recover, as was the case for 
AIG. This is exactly why Warren Buffett supports this plan.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FRANK of Massachusetts. I yield the gentleman an additional 30 
seconds.

                              {time}  1200

  Mr. FOSTER. I ran for Congress because of the widespread feeling that 
Washington was broken. I believe that what is needed to fix it is a 
little less pandering to the ideological extremes, and a lot more 
compromise by reasonable people in both parties--particularly in this 
time of national crisis.
  So, will the spirit of bipartisan compromise carry the day? In less 
than an hour, I guess we will find out.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Missouri (Mr. Akin).
  Mr. AKIN. My colleagues, a week ago we were approached by Secretary 
Paulson, and he told us that there was a crisis and that he had a 
solution. He gave us the horns of a dilemma, two sharp, shiny points 
that we could impale ourselves on. One, that the financial system was 
going to collapse and implode, and the sky was going to fall. Certainly 
we wouldn't want to choose that. The other, we could write a $700 
billion blank check. Those were our two choices.
  Reasonable people started to ask there has got to be a better 
alternative than this, and at every turn, we saw a resistance to a 
clear definition of the problem and an ability to talk about the 
different alternatives or possibilities.
  Now, one of the things that is very dangerous in problem solving is 
not being careful in defining what the real problem is. What we find 
when we look back and start to talk to other authorities is that this 
is not the first time this kind of thing has happened, and that it did 
not need $700 billion. It needed very little public money to solve the 
problem back in the Reagan days in the savings and loan crisis.
  So what we have before us, and our leadership has led us into, first 
into the Pelosi Congress not allowing the committee process to operate 
properly; and, second, by some Republican leadership also trying to 
force us onto one of these two alternatives, is a solution that doesn't 
fix the problem. Mark my words, that if we pass this bill, in another 
couple of months we will be back here with a lot of failed banks and 
say, oh, my goodness, something is wrong. The banks are failing.
  The problem is, this doesn't solve the problem. It's nice to take a 
bullet for the team if it's going to do some good, but this isn't going 
to solve the problem. All the people I hear in favor of this say we 
have got to give up some principal in order to save principal. You 
never save principal by giving it up.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield for a unanimous 
consent request to the gentleman from New York (Mr. Engel).
  Mr. ENGEL. Madam Speaker, I rise in support of the bill.
  I will vote for this bill because it is important financially to my 
home State and City of New York, and frankly to the country. To those 
who say let the greedy Wall Street pigs go down without money from the 
taxpayers, I say, if they go down, we all go down. This won't only 
affect them, it will affect all of us. Jobs will be lost, people will 
not be able to get loans, IRAs, 401ks, pension plans, and retirement 
savings would be jeopardized, banks will fall, our economy would slip 
into deep recession or even depression.
  Madam Speaker, the American people have told us to stop the partisan 
bickering in Washington. The American people want us to come together 
to solve problems. And that is what we, Democrats and Republicans have 
done in this bill.
  Is this a perfect bill? Of course not. I would have liked to have 
seen a bill structured differently. I would have liked to see more 
emphasis in helping the average person who may be facing bankruptcy or 
foreclosure. I would have liked to see an economic stimulus package 
designed to help middle class people in the bill. But this bill has to 
pass both Houses and get signed by the President, so compromises had to 
be made.
  Our democratic negotiators have done a good job in modifying the 
original bill put forth by the Secretary of the Treasury. This bill now 
enables the taxpayers to recoup the money from Wall Street in 5 years, 
if the taxpayers are not fully paid back. There is now much more 
oversight at our insistence. Excessive compensation is curtailed for 
CEOs, and the

[[Page 23123]]

money is not being dispersed all at once. We are also able to help some 
people being foreclosed upon.
  Madam Speaker, I am not thrilled with this bill, but passing it is 
the right thing to do for my city, my State, and my country. Wall 
Street drives so much of the New York economy and the economy of the 
United States as well. Today Madam Speaker, we have only 2 choices: 
vote for this bailout bill or do nothing. We cannot wait another few 
months, weeks, or even days to try to craft something else at this late 
date. If we wait, I fear that the very underpinning of our Nation's 
finances would very well be in great jeopardy. In that light, Madam 
Speaker, I will hold my nose and vote for this bill.
  Mr. FRANK of Massachusetts. Madam Speaker, there has been a great 
deal of discussion about the budgetary implications. No one in my 
experience here has had a better mastery of that process and had a more 
responsible approach to it than the current chairman of the Budget 
Committee, and I recognize for 4 minutes the gentleman from South 
Carolina (Mr. Spratt).
  Mr. SPRATT. Madam Speaker, no one comes to the well of this House 
today with any relish or enthusiasm. This bill is as unappealing to 
those of us who will vote for it as it is to those of us who will vote 
against it. The President has sent us an unprecedented request for $700 
billion and asked for its immediate consideration.
  The request came to us--all three pages--much like two bookends with 
contents to follow. When we read it, we found that the President sought 
a massive grant of money accompanied by a sweeping grant of authority. 
The President asked for speedy action. The people asked for diligence 
and deliberation, and that's what we have given them over the past 8 
days. The result is a vastly improved bill.
  If you think that $700 billion in one fell swoop is too much, as I 
do, the bill before you addresses that concern. It splits the funds 
into three stages and makes the third tranche of $350 billion subject 
to a vote of disapproval by Congress. In any event, everyone should 
understand that the cost of this bill is not $700 billion, as CBO has 
told us in testimony. The bill's cost would be substantially smaller 
than $700 billion. The cost would be the difference between the amount 
spent by the government and the amount received in earnings and 
proceeds when all the assets are finally sold. The CBO expects that 
``since the acquired assets will have value, the net impact will be 
substantially less than $700 billion.''
  If you think, nevertheless, that the financial industry that benefits 
from this bill should ultimately pay for the losses it causes, as I do, 
then this bill offers a mechanism to accomplish that. And though the 
recoupment is not as ironclad as I would like, the principle is there 
embodied in the bill.
  If you think that a grant of this amount calls for extraordinary 
oversight internally and externally, this bill is replete with 
oversight. If you think that the whole regulatory system needs to be 
overhauled, this bill initiates the process.
  If you think that executive compensation should be capped, as I did, 
then this bill has limits and controls, and though they are not nearly 
as strict as I would like, they are present, they will be enacted and 
they can be built upon. If you want equity sweeteners for risks the 
government is taking, to cushion the downside losses and to give us a 
piece of the upside gains, this bill provides for warrants to go along 
with the notes, bonds and mortgages that we will be taking.
  There is a lot that's better about this bill after almost 100 pages 
of substantive changes. But the question remains, is this bill 
necessary? Is this the best way to inject credit liquidity into our 
markets? Should we even shore up insolvent firms?
  I can't answer that question definitively, but I have to listen when 
Ben Bernanke, the chairman of the Fed, answers it by saying: ``This is 
the most significant financial crisis of the post-war period. I see the 
financial markets as quite fragile . . . Credit will be restricted 
further. It will affect spending; it will affect economic activity; it 
will affect the unemployment rate; it will affect real income; it will 
affect everybody's standard of living . . . Despite the efforts of the 
Federal Reserve, the Treasury, and other agencies, global financial 
markets remain under extraordinary stress. Action by Congress is 
urgently required to avert what could otherwise be grave consequences 
for financial markets and for our economy.''
  Ben Bernanke is an accomplished economist who has made a life-long 
study of economic crises. He has no axes to grind, and he is not given 
to exaggeration. When he warns that the situation is dire and that the 
cost of doing nothing could be catastrophic, we have to listen. Indeed, 
we ignore his advice at our peril--the peril that this crisis will 
become a wider economic debacle.
  Many Members like me come from districts that are rural and made up 
of small towns. We tend to think that we are far removed from the 
ripple effects of a crisis like this. But when we get up on a Monday 
morning and find right in our yard that Wachovia has been acquired at 
the instigation of the FDIC, we know that the crisis can reach us all 
sooner or later unless we act now and act decisively.
  I urge support for the bill.
  Mr. BACHUS. Madam Speaker, I yield 3 minutes to the gentleman from 
California (Mr. Campbell).
  Mr. CAMPBELL of California. Madam Speaker, I have heard it said that 
this bill is a $700 billion bailout for Wall Street. It is none of 
those things.
  The $700 billion is not being spent. It will be used to buy assets. 
Those assets will have value. And there are three mechanisms built into 
the bill that are very likely to recover all of that $700 billion for 
the taxpayer and, perhaps, even earn a profit over time. It's said to 
be a bailout, but the people whose assets will be bought will probably 
get 30 cents or 20 cents or 40 or 50 cents on the dollar that they paid 
maybe just a year or so ago.
  I don't think anybody here would consider getting 30 cents on the 
dollar for something you invested in a year ago or 2 years ago as a 
bailout. I think that's taking a bath, as well they should.
  They made an investment. They took a risk. It didn't turn out well.
  They say it's for Wall Street. Let there be no denying this. The 
impact of this financial crisis will extend to every American with a 
job, with a bank account and with a pension plan. We cannot allow that 
to happen.
  I have come down to this floor many times talking about the benefits 
of Republican ideas and the problems with Democratic ideas. This is not 
a time for that. We cannot and should not be Republicans or Democrats 
or liberals or conservatives today. This issue is too grave. The 
consequences are too dire.
  We have two choices in front of us. One is to do nothing. If there is 
consensus amongst everyone who has spoken today, it is that to do 
nothing will result in unconscionable consequences to this economy that 
will cause people to lose their jobs, lose their retirement, lose their 
savings. We do not want that to happen.
  The other option is to take the bill that is before us, which has 
been working for 9 days, which has things in it which, it's not 
everything any of us want, but it is the product of extensive 
negotiations from all concerned parties. We can take that bill today, 
and we can give it a chance to work and save this economy.
  I desperately hope and pray that we as a body, Republicans and 
Democrats alike, have the courage today to do the right thing and pass 
this bill.
  Mr. FRANK of Massachusetts. Madam Speaker, the gentlewoman from 
Illinois (Ms. Bean) is a member of this committee who brings great 
business experience. I am delighted to yield her 2 minutes at this 
point.
  Ms. BEAN. I thank Chairman Frank for yielding and for his hard work 
and extraordinary bipartisan leadership this week.
  Madam Speaker, I rise in support of the Emergency Economic 
Stabilization Act of 2008, recognizing how unhappy we all are as 
Americans to be in this situation.
  As co-chair of the New Dems Working Group on Regulatory 
Modernization, I am committed to ensuring that

[[Page 23124]]

this body fast-tracks regulatory reform of our markets, particularly 
oversight for the innovative, complex new instruments that have enabled 
so much high-risk leverage of so many of our financial institutions so 
this never happens again.
  Tomorrow we can discuss the state of our broader economy, our 
struggling middle class, and the consequences of an anti-regulation 
ideology taken to such an extreme that it threatens the very fabric of 
our Nation's economic security. But today the question before the House 
is the cost of action versus inaction. This is a time that our Nation's 
economy is at a precipice of potential collapse, the likes of which we 
have not seen in our lifetime.
  Chairman Bernanke has likened the consequences of inaction to those 
of the Great Depression. Will we lead our country out of this crisis 
and avert such consequences, or stand aside and let the chips fall? 
Americans in the world markets are watching. Our decisions today speak 
to them.
  This bill is an imperfect solution, but in times of crisis, our 
Members have put politics aside and pulled together to mandate vast 
improvements from what was originally proposed by the administration. 
It now includes oversight and accountability on a bipartisan basis with 
a judicial review of this unprecedented level of authority; it limits 
compensation for failed executives who contributed to this crisis; and 
it protects taxpayers by providing profits, both on the assets that we 
buy and sell, but also by sharing in the profits from those 
institutions that we help; and a recruitment plan to ensure that, over 
5 years, the financial industry, not taxpayers, picks up the tab.
  The cost of inaction is real for American families and businesses, 
business closings, and jobs loss, and the wiping out of savings and 
pensions.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield the gentlewoman an 
additional 15 seconds.
  Ms. BEAN. I urge my colleagues to stand up, not aside, and support 
this bill to stabilize the economy of our great Nation.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentlelady from 
Florida (Ms. Ginny Brown-Waite).
  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today because 
of my grave concern over what is surely one of the biggest bailouts in 
American history. Make no mistake: A vote for this bailout is a vote to 
ratify business as usual in Washington. The compromise was crafted with 
some of the same people who brought us this mess, except this time we 
have a gun to our head. This isn't legislation; this is extortion. We 
could actually call it the in-out plan. As the FBI is going in, we are 
bailing out. That's not what the taxpayers want.
  Do you like $10 trillion in debt? In one stroke of the pen, Congress 
will have expanded this debt by another trillion to $11.3 trillion.
  What happens if this money is repaid, as some are claiming? Certainly 
there will be all sorts of expenditures, and we will continue to grow 
that debt. This brings me to another financial mess buried in the pages 
of this bill. Any premium paid by companies will be put into a fund, 
kind of like that of the Social Security trust fund, and Americans know 
that was never, ever, a good idea.
  If you aren't angry enough about this bailout, foreign banks get 
special treatment right there in section 112. The Treasury Secretary 
has the discretion to bail out foreign banks at the expense of the 
American taxpayer, no restrictions and no guarantees.

                              {time}  1215

  Certainly another point is that it makes two categories of 
homeowners, those who make every mortgage payment and pay every bill 
and struggle to meet their commitments, and those homeowners who didn't 
meet their obligation, skipped out on the bill and now want taxpayers 
to bail them out.
  This is so embarrassing, it turns the stomach of most Americans. Make 
no mistake, a vote for this bailout is a vote to ratify business as 
usual in Washington.
  Mr. FRANK of Massachusetts. I yield for a unanimous consent request 
to the gentlewoman from California (Ms. Loretta Sanchez).
  Ms. LORETTA SANCHEZ of California. I thank the gentleman for 
yielding.
  I reluctantly rise today to express concerns about the current 
economic crisis and the proposed financial recovery package.
  For several years I ave been concerned about the road our economy was 
heading down.
  In June 2005 at a Joint Economic Committee hearing I asked then 
Federal Reserve Chairman Allen Greenspan about the dangers of the 
housing bubble.
  And he responded that there was no ``substantial'' threat of a 
housing bubble and that even if home prices were to decline they were 
``not likely to have substantial macroeconomic implications.''
  Unfortunately, he was wrong.
  If the severity of the financial situation had been acted on back in 
2005, or even 1 year ago, I think we would be in a better situation 
today.
  However, instead of pro actively addressing this brewing financial 
crisis, as recently as April 2008 the goal of this Administration was 
to reduce regulation with the expectation that ``market-discipline'' 
will be the ultimate regulator.
  Well, we have learned that there is no ``market-discipline'' without 
regulation and without the threat that people and I companies will have 
to pay for the mistakes they made.
  And so today we are considering a financial recovery package to save 
the financial industry from its mistakes, a package that is paid for 
with tax dollars earned by hardworking Americans.
  My constituents in Orange County, CA, are asking me: Where was the 
Government to save my house from foreclosure last year? Where was the 
Government to save my neighborhood when half the houses on my block 
were foreclosed on?
  Unfortunately the Government was not there to help my constituents 
and the millions of Americans that have lost their homes.
  Since the Bush administration requested a $700 billion blank check 
from Congress and the American people, our leadership in Congress has 
worked very hard to negotiate a more responsible package.
  The recovery package on the floor reflects a big improvement over the 
original Bush-Paulson plan.
  I am pleased that this package includes safeguards to protect any 
taxpayer investment in saving the financial industry.
  These safeguards include: Warrants from financial institutions that 
receive assistance so the Government can recover the taxpayers' money 
once the financial industry recovers; an insurance program funded by 
the financial industry to guarantee troubled assets and protect 
taxpayers; and a plan to charge the financial industry fees to recoup 
the taxpayers' investment if there are still losses after 5 years.
  However, this package does not do enough to help the average American 
keep their home, and to ensure that the Wall Street executives that got 
us into this mess don't walk away with millions of dollars.


                        Preventing Foreclosures

  This bill does not guarantee that the Government will be able to make 
the reasonable modifications to mortgages that many homeowners 
desperately need to avoid foreclosure.
  In purchasing mortgage backed securities the Government will just be 
one of many co-owners of millions of mortgages. It will require the 
consent of all owners for the terms of the loans to be changed.
  Congress has already requested that all loan servicers nationwide act 
to avoid preventable foreclosures, so it is unclear that additional 
requests from the Treasury will have any additional impact.


                             Executive Pay

  This legislation makes some commonsense reforms of executive 
compensation, but I do not think it does enough.
  I am very concerned that this bill will still allow executives to 
receive million dollar a month salaries, and that there are multiple 
loopholes for corporations to escape the limitations on golden 
parachutes, incentives, bonuses, and corporate deductions for executive 
salaries.
  Despite the improvements that have been made since the original 
Treasury proposal, I cannot in good conscience support a package that 
does not do enough to help endangered homeowners, and that does not 
tightly limit unreasonable compensation for executives.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
gentlewoman from Ohio (Ms. Kaptur).
  Ms. KAPTUR. I thank the able Chairman Barney Frank for yielding me

[[Page 23125]]

this time, and say America needs the right deal, not a fast deal.
  This Congress must step up to its constitutional responsibilities as 
a deliberative body to craft that right deal, not an insider trade. 
Actually, this bill is the wrong medicine. It concentrates financial 
power even more in the hands of Wall Street's mega banks and its 
buddies at the U.S. Treasury.
  It bails out their bad behavior with no reform to prevent further 
abuse, and it ignores Main Street's real housing challenges. There is a 
much better way. The Bush administration says we are facing the worst 
financial crisis in modern history. That is not true.
  The market problems of the 1980s were much worse than today. Then, 
over 3,000 banks failed, interest rates were 21 percent, and all the 
banks in Texas went down. The economic instability was resolved by the 
financial system in a much more disciplined and rigorous way than 
taxpayers printing money for Wall Street.
  In those days the FDIC, not through a taxpayer bailout, but through 
careful use of FDIC's considerable power, resolved thousands of problem 
situations. No cash changed hands. The FDIC used its powers, its 
regular powers to regulate transactions with banks through a system of 
subordinated debentures and promissory notes. Even curbs on executive 
salaries and controlled dividends were exacted through that process. 
The cost of the entire enterprise was $1.8 billion, resolving over $100 
billion in problem institutions from the FDIC insurance fund, paid for 
by the banks, not the taxpayers.
  Today's economic challenge is a credit and housing crisis, not a 
liquidity crisis, precipitated by SEC accounting rules that are 
rewarding high-risk speculators and penalizing sound banks.
  Mr. Chairman, I say we go back to the drawing board. This bill does 
not do it for the American people. Draft the right deal, not the fast 
deal. Draft the best deal.

               [From moneynews.newsmax.com, June 3, 2008]

              Isaac: Banking Crisis? What Banking Crisis?

       The former chairman of the Federal Deposit Insurance Corp., 
     William M. Isaac, says the current turmoil in financial 
     markets is not remotely comparable to the Great Depression.
       He disputes even the notion of a crisis.
       ``If there is a banking crisis, I have seen no evidence of 
     it. I can count on my fingers and toes every sizeable bank 
     about which I have had any concern during the past year,'' 
     Isaac wrote recently in The Wall Street Journal.
       By comparison, Isaac says, during the 1980s and early 
     1990s, the U.S. suffered from 4,000 bank and savings and loan 
     failures. There were still more than 1,430 banks on the 
     FDIC's ``problem list'' by the end of 1991.
       ``I'm sure the problem banks list will grow during the next 
     year, but it totaled only 76 at last count,'' Isaac says.
       ``Banks continue to have incredible access to the capital 
     markets and over 99 percent of banks are considered well-
     capitalized by regulators.''
       Additionally, Isaac says, a 20 percent decline in housing 
     prices was not really all that big of a deal economically for 
     the U.S.
       The widely cited S&P/Case-Shiller home-price index declined 
     14.4 percent in March from a year earlier. The gauge has 
     fallen every month since January 2007.
       Isaac notes that in Sarasota, Fla., where he resides, 
     housing prices increased by 35 percent in one year alone, in 
     2005.
       Isaac argues that such a rate of increase is 
     ``unsustainable'' and was ``pushing housing prices beyond the 
     reach of most people.''
       Why is all this happening now? Politics, says Isaac.
       Americans have been ``spoiled'' by 25 consecutive years of 
     prosperity and, during this year's election cycle, one in 
     which a Democrat has a chance to take over the White House, 
     ``roughly half of the population wants us to feel angst,'' he 
     writes.
       Some economic experts agree with Isaac's assessment of the 
     banking industry.
       ``Asset bubbles result in the misallocation of capital, 
     which adversely affects economic growth,'' Donald P. Gould, 
     president of Gould Asset Management, tells Moneynews.
       ``Probably it is safer to let the market undo its own 
     bubble.''
       Federal intervention in the market could result in a 
     deflationary period just like that seen in Japan during the 
     1990s.
       ``Witness what happened when the Bank of Japan pierced the 
     Japanese real estate bubble,'' says Gould. ``A decade-plus of 
     recession.''
       Ken Kamen, president of Mercadien Asset Management, tells 
     Moneynews that an overreaction is not needed, as, ultimately, 
     ``market forces will decide where money needs to be.''
                                  ____


                    BAILOUT FEVER: RUSH TO JUDGMENT

                         (By William M. Isaac)

       It is disheartening that Congressional leaders are on the 
     verge of enacting the largest bailout program in history--a 
     $700 billion real estate loan purchase from Wall Street 
     proposed by Treasury.
       The current crisis in our financial system can be handled 
     effectively without any expenditure of any taxpayer funds. A 
     time tested model is already in place.
       We handled far more credit problems in a far harsher 
     economic environment in the 1980s than we are facing today. 
     Three thousand bank and thrift failures were handled without 
     producing depositor panics and massive instability in the 
     financial system.
       One explanation proffered for the urgency of this program 
     is that money market funds were under a great deal of 
     pressure last week as investors were losing confidence and 
     withdrawing their money. If this is Treasury's primary 
     concern, putting the government's guarantee behind money 
     market funds--as Treasury did last week--should have taken 
     care of the problem.
       The other rationale I have heard for acting immediately on 
     the $700 billion bailout is that bank depositors are getting 
     panicky--mostly in reaction to the failure of IndyMac in 
     which uninsured depositors were exposed to loss.
       Does this fear mean that we need to enact an emergency 
     program to purchase $700 billion of real estate loans? If the 
     problem is depositor confidence, perhaps we need to be 
     clearer about the fact that the FDIC fund is backed by the 
     full faith and credit of the government.
       If we want to take stronger action, the FDIC should 
     announce that it will handle all bank failures, except those 
     involving significant fraudulent activities, as assisted 
     mergers that will protect all depositors and other general 
     creditors. The FDIC should do this in the current climate 
     anyway, so why not announce it as a temporary program and 
     calm depositors?
       An additional benefit of this approach is that community 
     banks would be put on a par with the largest banks because 
     depositors are less convinced that the government will 
     protect uninsured depositors in a small bank than a large 
     bank.
       The potential instability of funding for money market funds 
     (and perhaps banks) is the primary justification I have heard 
     for acting urgently on the bailout program. There are clearly 
     more efficient and less expensive ways to handle this 
     problem.
       If we enact the $700 billion bailout, will it work--will 
     banks be willing to part with the loans and will the 
     government be able to sell them in the marketplace on terms 
     the taxpayers would find acceptable? I have my doubts.
       To get the banks to sell the loans, the government will 
     need to buy them at an inflated price compared to what the 
     private sector would pay for the loans today. There are lots 
     of investors who would only be too happy to purchase the 
     loans today, but the financial institutions and investors 
     cannot agree on a price. The money is sitting on the 
     sidelines until there is clear evidence we are at the bottom 
     in real estate.
       Having financial institutions sell the loans to the 
     government at inflated prices so the government can turn 
     around and sell the loans to well-heeled investors at lower 
     prices strikes me as a very good deal for everyone but U.S. 
     taxpayers.
       Surely we can do better. One alternative is a ``net worth 
     certificate'' program along the lines of the program Congress 
     enacted in the 1980s for the deeply troubled savings bank 
     industry. It was a big success and could work in the current 
     climate. The FDIC resolved a $100 billion insolvency in the 
     savings banks (had they been marked to market) for a total 
     cost of $1.8 billion.
       The net worth certificate program was designed to shore up 
     the capital of weak banks to give them more time to resolve 
     their problems. The program involved no subsidy and no cash 
     outlay.
       The FDIC purchased net worth certificates (subordinated 
     debentures) in troubled savings banks that the FDIC 
     determined could be viable if they were given more time. 
     Banks entering the program had to agree to strict oversight 
     from the FDIC, including oversight of compensation of top 
     executives and removal of poor management.
       The FDIC paid for the net worth certificates by issuing 
     FDIC senior notes to the banks so there was no cash outlay. 
     The interest rate on the net worth certificates and the FDIC 
     notes was identical so there was no subsidy.
       If we were to enact this program today, the capital 
     position of banks with real estate holdings would be 
     bolstered, which would give those banks the ability to sell 
     and restructure assets and get on with their rehabilitation. 
     No taxpayer money would be spent, and the asset sale 
     transactions would remain in the private sector where they 
     belong.
       If we were to (i) implement a program to ease the fears of 
     depositors and other general creditors of banks, (ii) keep 
     tight restrictions on short sellers of financial stocks, 
     (iii) suspend fair value accounting (which has contributed 
     mightily to our current problems by marking assets to 
     unrealistic fire-

[[Page 23126]]

     sale prices), and (iv) authorize a net worth certificate 
     program, I believe we would settle the financial markets 
     without significant expense to taxpayers.
       If Congress spends $700 billion of taxpayer money on the 
     loan purchase proposal, what do we do next? If we implement 
     the program suggested above, we will have $700 billion of dry 
     powder we can put to work in targeted tax incentives to get 
     the economy moving again.
       The banks do not need taxpayers to carry their loans, they 
     need proper accounting and regulatory policies that will 
     allow them time to work through their problems.
                                  ____



                                   Branch Banking & Trust Co.,

                            Winston-Salem, NC, September 23, 2008.
     Hon. (Name),
     Senate Building,
     Washington, DC.
       Or
     Hon. (Name),
     House of Representatives,
     Washington, DC.
       Dear Senator/Congressman/Representative: BB&T is a $136 
     billion multi-state banking company. We have 1,500 branches 
     throughout the mid-Atlantic and southeast states. While we 
     have been impacted by the real estate markets, we continue to 
     have healthy profitability and a strong capital position.
       We think it is important that Congress hear from the well 
     run financial institutions as most of the concerns have been 
     focused on the problem companies. It is inappropriate that 
     the debate is largely being shaped by the financial 
     institutions who made very poor decisions.
       Attached are the issues that we believe are relevant from 
     the perspective of healthy banks. Your consideration of these 
     issues is greatly appreciated.
           Sincerely,
                                                     John Allison,
     Chairman and Chief Executive Officer.
                                  ____


    Key Points on ``Rescue'' Plan From A Healthy Bank's Perspective

       1. Freddie Mac and Fannie Mae are the primary cause of the 
     mortgage crisis. These government supported enterprises 
     distorted normal market risk mechanisms. While individual 
     private financial institutions have made serious mistakes, 
     the problems in the financial system have been caused by 
     government policies including, affordable housing (now sub-
     prime), combined with the market disruptions caused by the 
     Federal Reserve holding interest rates too low and then 
     raising interest rates too high.
       2. There is no panic on Main Street and in sound financial 
     institutions. The problems are in high-risk financial 
     institutions and on Wall Street.
       3. While all financial intermediaries are being impacted by 
     liquidity issues, this is primarily a bailout of poorly run 
     financial institutions. It is extremely important that the 
     bailout not damage well run companies.
       4. Corrections are not all bad. The market correction 
     process eliminates irrational competitors. There were a 
     number of poorly managed institutions and poorly made 
     financial decisions during the real estate boom. It is 
     important that any rules post ``rescue'' punish the poorly 
     run institutions and not punish the well run companies.
       5. A significant and immediate tax credit for purchasing 
     homes would be a far less expensive and more effective cure 
     for the mortgage market and financial system than the 
     proposed ``rescue'' plan.
       6. This is a housing value crisis. It does not make 
     economic sense to purchase credit card loans, automobile 
     loans, etc. The government should directly purchase housing 
     assets, not real estate bonds. This would include lots and 
     houses under construction.
       7. The guaranty of money funds by the U.S. Treasury creates 
     enormous risk for the banking industry. Banks have been 
     paying into the FDIC insurance fund since 1933. The fund has 
     a limit of $100,000 per client. An arbitrary, ``out of the 
     blue'' guarantee of money funds creates risk for the 
     taxpayers and significantly distorts financial markets.
       8. Protecting the banking system, which is fundamentally 
     controlled by the Federal Reserve, is an established 
     government function. It is completely unclear why the 
     government needs to or should bail out insurance companies, 
     investment banks, hedge funds and foreign companies.
       9. It is extremely unclear how the government will price 
     the problem real estate assets. Priced too low, the real 
     estate markets will be worse off than if the bail out did not 
     exist. Priced too high, the taxpayers will take huge losses. 
     Without a market price, how can you rationally determine 
     value?
       10, The proposed bankruptcy ``cram down'' will severely 
     negatively impact mortgage markets and will damage well run 
     institutions. This will provide an incentive for homeowners 
     who are able to pay their mortgages, but have a loss in their 
     house, to take bankruptcy and force losses on banks. (Banks 
     would not have received the gains had the houses 
     appreciated.) This will substantially increase the risk in 
     mortgage lending and make mortgage pricing much higher in the 
     future.
       11. Fair Value accounting should be changed immediately. It 
     does not work when there are no market prices. If we had Fair 
     Value accounting, as interpreted today, in the early 1990's 
     the United States financial system would have crashed. 
     Accounting should not drive economic activity, it should 
     reflect it.
       12. The proposed new merger accounting rules should be 
     deferred for at least five years. The new merger accounting 
     rules are creating uncertainty for high quality companies who 
     might potentially purchase weaker companies.
       13. The primary beneficiaries of the proposed rescue are 
     Goldman Sachs and Morgan Stanley. The Treasury has a number 
     of smart individuals, including Hank Paulson. However, 
     Treasury is totally dominated by Wall Street investment 
     bankers. They do not have knowledge of the commercial banking 
     industry. Therefore, they can not be relied on to objectively 
     assess all the implications of government policy on all 
     financial intermediaries. The decision to protect the money 
     funds is a clear example of a material lack of insight into 
     the risk to the total financial system.
       14. Arbitrary limits on executive compensation will be self 
     defeating. With these limits, only the failing financial 
     institutions will participate in the ``rescue,'' effectively 
     making this plan a massive subsidy for incompetence. Also, 
     how will companies attract the leadership talent to manage 
     their business effectively with irrational compensation 
     limits?

  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentleman from 
Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Madam Speaker, I want to congratulate the chairman of 
the Financial Services Committee, Chairman Frank, for noble work in 
being handed really a pile of garbage and trying to make it better. 
Sadly, I cannot endorse the legislation he has worked so hard to bring 
today; and say this mess is not of his making.
  Our leader, Mr. Boehner, appointed about 14 of us to do a working 
group to find an alternative to $700 billion, thinking that $700 
billion is a lot of money.
  And our recommendations had a number of principles. One is that the 
people that made the mess should clean up the mess. Thankfully, that 
was the insurance program which Chairman Frank and the Democrats have 
acceded to. And it also dealt with CEO compensation in the bill, which 
I am happy to see.
  But there were three market reforms that could have taken this bill 
from $700 billion to maybe $100 billion, and it is what the folks that 
have been calling me asked for. Some have already been talked about on 
the floor, and that is the mark to market. And basically, to give an 
example, if you are a bank and you have a million dollar building in 
your portfolio but because the real estate market isn't doing so well, 
the bank examiners have come in and they have said your building is 
only worth $400,000 today. You haven't sold it. Nothing has happened to 
it. You are still collecting rent on it, but you have taken a $600,000 
hit on your balance sheet. That has a doubled-edged effect in that now 
that you have a reduced balance sheet, you have to squirrel more cash 
so you can't make loans to people wanting to engage in business, people 
wanting to buy homes. It is fake.
  The latest figures that I have seen indicate that this mark down by 
the bank examiners has taken $500 billion of assets down, with the 
multiplier effect of about $5 trillion that is not available.
  We could double the FDIC reform and do the FDIC reform which I 
believe the chairman supports. And not one American has lost one penny 
in an FDIC-insured account of $100,000 or less. We could make it 
$200,000.
  Lastly, the principle was that the taxpayer shouldn't pay for this. 
Private money should pay for this. Repatriate offshore funds from 
American corporations, and we could fix this problem.
  Mr. FRANK of Massachusetts. Madam Acting Speaker, the leadership that 
we have been given throughout this crisis by the permanent Speaker of 
this House has been extraordinary, and I am honored to yield her 1 
minute.
  The SPEAKER pro tempore. The gentlewoman from California is 
recognized for 1 minute.
  Ms. PELOSI. Thank you very much, Madam Speaker, for recognizing me, 
and also to the distinguished chairman for his extraordinary leadership 
which I will address in a moment.

[[Page 23127]]

  Madam Speaker, when was the last time anyone ever asked you for $700 
billion? It is a staggering figure. And many questions have arisen from 
that request, and we have been hearing I think a very informed debate 
on all sides of this issue today. I am very proud of the debate. Seven 
hundred billion dollars, a staggering number, but only a part of the 
cost of the failed Bush economic policies to our country, policies that 
were built on budget recklessness.
  When President Bush took office, he inherited President Clinton's 
surpluses; 4 years in a row budget surpluses on a trajectory of $5.6 
trillion in surplus. And with his reckless economic policies, within 2 
years he had turned that around. And now 8 years later, the foundation 
of that fiscal irresponsibility, combined with an anything-goes 
economic policy, has taken us to where we are today.
  They claim to be free market advocates when it is really an anything-
goes mentality. No regulation, no supervision, no discipline. And if 
you fail, you will have a golden parachute and the taxpayer will bail 
you out. Those days are over. The party is over in that respect.
  Democrats believe in a free market. We know that it can create jobs, 
it can create wealth and many things in our economy. But in this case, 
in its unbridled form, as encouraged, supported by the Republicans, 
some in the Republican Party, not all, it has created not jobs, not 
capital, it has created chaos. And it is about that chaos that the 
Secretary of the Treasury and the chairman of the Fed came to see us 
just about a week and a half ago. It seems like an eternity, doesn't 
it. So much has happened, the news was so bad.
  They described a very, very dismal situation, a dismal situation 
describing the state of our economy, the fragility of our financial 
institutions, and the instability of our markets--our equity markets, 
our credit markets, our bond markets. And here we were, listening to 
people who know of what they spoke. The Secretary of the Treasury 
brings long credentials and knowledge of the markets. More fearful, 
though, to me, more scary, were the statements of Chairman Bernanke 
because Chairman Bernanke is probably one of the foremost authorities 
in America on the subject of the Great Depression. I don't know what 
was so great about the depression, but that's the name they give it.
  And we heard the Secretary and the Chairman tell us that this was a 
once in a hundred-year phenomenon, this fiscal crisis was so drastic. 
Certainly once in 50 years, probably once in 100 years. And how did it 
sneak up on us so silently, almost on little cat's feet, that they 
would come in on that day. And they didn't actually ask for that much 
money that night. It took 2 days until we saw the legislation that they 
were proposing to help calm the markets. It was on that day that we 
learned of a $700 billion request.
  But it wasn't just the money that was alarming, it was the nature of 
the legislation. It gave the Secretary of the Treasury czar-like 
powers, unlimited powers, latitude to do all kinds of things; and 
specifically prohibited judicial review or review of any other Federal 
administrative agency to review their actions.
  Another aspect that was alarming, it gave the Secretary the power to 
use any money that came back from these infusions of cash to be used at 
the discretion of the Secretary, not to reduce the deficit, not to go 
into the general fund so we could afford other priorities, to be used 
at the discretion of the Secretary. It was shocking.
  Working together in a bipartisan way, we were able to make major 
improvements on that proposal even though its fundamental basis was 
almost arrogant and insulting.
  The American people responded almost immediately. Overwhelmingly they 
said that they know something needs to be done. Seventy-eight percent 
of the American people said: Congress must act. Fifty-eight percent 
said: but not to accept the Bush proposal.
  And so here we are today, a week and a couple of days later, coming 
to the floor with a product, not a bill that I would have written, one 
that has major disappointments for me beginning with the fact that it 
does not have bankruptcy in this bill, and we will continue to persist 
and work to achieve that.
  It is interesting to me, though, when they described the magnitude of 
the challenge and the precipice that we were on and how we had to act 
quickly and we had to act boldly and we had to act now, that it never 
occurred to them that the consequences of this market were being felt 
well in advance by the American people. That unemployment is up; and, 
therefore, we need unemployment insurance. That jobs are lacking; and, 
therefore, we need a stimulus package.
  So how on the one hand could this be so urgent at the moment, and yet 
so unnecessary for us to address the effects of this poor economy in 
the households of America across our country? We will come back to that 
in a moment.
  Working together, we put together some standards. I am really proud 
of what Barney Frank did in this regard.
  That first night, Thursday night when we got the very, very dismal 
news he immediately said: If we are going to do this--and Spencer 
Bachus was part of this as well--if we are going to do this, we must 
have equity for the American people. We are putting $700 billion; we 
want the American people to get some of the upside. So fairness for the 
American people.
  Secondly, as they described the root of the problem as the mortgage-
backed securities, Barney insisted that we would have forbearance on 
foreclosure. If we are now going to own that paper, that we would have 
forbearance to help responsible homeowners stay in their homes.
  In addition to that, we had to have strong, strong oversight. We 
didn't even have to see the $700 billion or the full extent of their 
bill to know that we needed equity and upside for the taxpayer, 
forbearance for the homeowner, oversight by the government on what they 
were doing, and something that the American people understand full 
well, an end to the golden parachutes and a review and reform of the 
compensation for CEOs.
  Let's get this straight. We have a situation where on Wall Street, 
people are flying high. They are making unconscionable amounts of 
money. They make a lot of money. They privatize the gain. The minute 
things go tough, they nationalize the risk. They get a golden parachute 
as they drive their firm into the ground, and the American people have 
to pick up the tab.

                              {time}  1230

  Something is very, very wrong with this picture.
  So just on first blush that Thursday night, we made it clear--meeting 
much resistance on the part of the administration--those four things, 
equity, forbearance, oversight, and reform of compensation.
  Overriding all of this is the protection of the taxpayer. We need to 
stabilize the markets, and in doing so, we need to protect the 
taxpayers. And that's why I'm so glad that this bill contains 
suggestions made by Mr. Tanner that if at the end of the day, say, in 5 
years when we can take a review of the success or whatever of this 
initiative, that if there is a shortfall and we don't get our whole 
$700 billion back that we have invested, that there will be an 
initiative to have the financial institutions that benefited from this 
program to make up that shortfall. But not one penny of this should be 
carried by the American people.
  People ask--and Mr. Spratt spoke with great knowledge and eloquence 
on the budget and aspects of the budget--$700 billion; what is the 
impact, what is the opportunity cost for our country of the investments 
that we would want to make?
  Okay. Now we have it at a place where the taxpayer is going to be 
made whole, and that was very important for us. But why on the drop of 
a hat can they ask us for $700 billion and we couldn't get any support 
from the administration on a stimulus package that would also help grow 
the economy?

[[Page 23128]]

  People tell me all over the world that the biggest emerging economic 
market in the world is rebuilding the infrastructure of America: roads, 
bridges, waterways, water systems in addition to waterways, the grid, 
broadband, schools, housing. We're trillions of dollars in deficit 
there. We know what we need to do to do it in a fiscally sound way, in 
a fiscally sound way that creates good paying jobs in America 
immediately, brings money into the Treasury by doing so and, again, 
does all of this in an all-American way: good paying jobs here in 
America. We can't get the time of day for $25, $35 billion for that 
which we know guarantees jobs, et cetera, but $700 billion.
  So make no mistake: When this Congress adjourns today to observe Rosh 
Hashanah and have Members go home for a bit, we are doing so at the 
call of the Chair because this subject is not over, this discussion 
about how we save our economy. And we must insulate Main Street from 
Wall Street.
  As Congresswoman Waters said, Martin Luther King Drive, and in my 
district Martin Luther King Drive and Cesar Chavez Road, and all of the 
manifestations of community and small businesses in our community, we 
must insulate them from that.
  So we have difficult choices, and so many of the things that were 
said on both sides of this issue in terms of its criticisms of the bill 
we have and the bill that we had at first and the very size of this, I 
share. You want to go home, so I'm not going to list all of my concerns 
that I have with it.
  But it just comes down to one simple thing. They have described a 
precipice. We are on the brink of doing something that might pull us 
back from that precipice. I think we have a responsibility. We have 
worked in a bipartisan way. I want to acknowledge Mr. Blunt and Mr. 
Boehner of the work that we've done together in trying to find as much 
common ground as possible on this.
  But we insisted the taxpayer be covered. We all insisted that we have 
a party-is-over message to Wall Street, and we insisted that the 
taxpayers at risk must recover; any risks must be recovered. I have 
told you that already.
  So, my colleagues, let's recognize that this legislation is not the 
end of the line. Mr. Waxman will be having vigorous oversight this 
week, hearings this week, on regulatory reform and other aspects of it. 
I hope you will pursue fraud and mismanagement and the rest.
  Mr. Frank and his committee will continue to pursue other avenues 
that we can stabilize the markets and protect the taxpayer.
  For too long this government in 8 years has followed a right-wing 
ideology of anything goes: no supervision, no discipline, no 
regulation. Again, all of us are believers in free markets, but we have 
to do it right.
  Now let me again acknowledge the extraordinary leadership of Mr. 
Frank. He's been an exceptional leader in the Congress, but never has 
his knowledge and his experience and his judgment been more needed than 
now. And I thank you, Mr. Frank, for your exceptional leadership, Mr. 
Chairman.
  So many people worked on this, but I also want to acknowledge the 
distinguished Chair of our caucus, Mr. Emanuel. His knowledge of the 
markets, the respect he commands on those subjects, and his boundless 
energy on the subject served us well in these negotiations.
  But this is a bipartisan initiative that we are bringing to the 
floor. We have to have a bipartisan vote on this. That is the only 
message that will send a message of confidence to the markets.
  I know that we will be able to live up to our side of the bargain. I 
hope the Republicans will, too.
  But my colleagues, as you go home and see your families and observe 
the holiday and the rest, don't get settled in too far because as long 
as this challenge is there for the American people--the threat of 
losing their jobs, their credit, their savings, their retirement, the 
opportunity for them to send their children to college--as long as in 
the households of America this crisis is being felt very immediately 
and being addressed at a different level, we must come back. And we 
will come back as soon and as often as necessary to make the change 
that is necessary.
  And before long, we will have a new Congress, a new President of the 
United States, and we will be able to take our country in a new 
direction.
  Thank you.
  Mr. BACHUS. Madam Speaker, I yield 2 minutes to the gentlelady from 
Minnesota (Mrs. Bachmann).
  Mrs. BACHMANN. I thank the gentleman for yielding.
  I also want to thank the Speaker of the House for making the case why 
so many Republicans are unwilling at this point to sign on to this 
legislation that's before us. However, I do believe also, Madam 
Speaker, that Democrats and Republicans are both committed to finding a 
way out of this financial challenge, and we think we have one. But the 
answer we believe needn't cost taxpayers $700 billion.
  The problem is a lack of credit for creditworthy people, people who 
are fully capable of paying that credit back. Why is there a lack of 
credit? It's because the SEC has mandated accounting rules that have 
forced banks to value assets well below their actual economic value.
  So what does this mean? It means that if a bank has $1 worth of 
deposits, they can make $10 in loans. But if accounting rules are 
forcing banks to devalue assets, $500 billion, then that means that 
banks are prohibited from making $5 trillion worth of loans. And that's 
why we have a credit crunch.
  Unfortunately, the bill that we have before us today doesn't even 
address this credit crisis.
  Let's first direct the SEC to suspend mark-to-market accounting rules 
for assets for which there is no market. That only makes sense. Second, 
stop naked short selling. Then the FDIC can issue net asset 
certificates that saved banks during the S&L crisis and the FDIC can 
write a letter to United States banks telling them in the absence of 
fraud that the FDIC will fully back all deposits for first-tier 
creditors.
  Let's try these practical solutions before we pull the trigger on a 
$700 billion bailout that doesn't even address the underlying program.
  Today, Madam Speaker, Republicans and Democrats agree. It's time for 
a rest. It's time for a break. Let's embrace a practical solution 
before we tie a $700 billion bailout around the neck of the American 
people.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to a 
Member who has played a leading role in bringing us together, the 
gentleman from Illinois (Mr. Emanuel).
  Mr. EMANUEL. There have been a number of important lessons learned in 
this last year. One, you cannot have a strong economy on a foundation 
of a weakened middle class. For the last 7 years, the middle class has 
seen median household incomes decline by $1,200 and costs go up by 
$4,800. They are working harder, making less, and paying more to 
maintain their standard of living.
  And, second, that this problem is not an earthquake, it's not a 
natural disaster. It's a manmade disaster, and one in which a 
philosophy of unregulation created that type of damage. You can come to 
the conclusion that capitalism is too important to be left to 
capitalists alone, that the banks that are surviving are the ones that 
are regulated. The unregulated are the ones that are going under.
  People have figured out this problem. The financial industry created 
things that they don't, themselves, know what the value are. People 
were buying homes that were being flipped as if they were pancakes. And 
the regulators that were supposed to be policing this were asleep at 
the switch; and they're angry at all three, and they have every right 
to be.
  The substance of this legislation has been improved because last 
Saturday the Treasury Department sent a bill to calm the markets down. 
And what Congress did in the remaining 7 days is put in there 
protections for the taxpayers. It had nothing to start with as it 
related to the taxpayers. The last 7 days was to make sure that the 
public markets were as protected as the financial markets were calmed. 
And we have

[[Page 23129]]

made dramatic improvements in this legislation.
  But make no doubts about it: While this may try to avert the 
recession in the financial sector, our job is not done until we avert 
the recession on Main Street, that we once again get a growth in jobs, 
we once again get a growth in median household incomes.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield an additional 20 
seconds.
  Mr. EMANUEL. Until we deal with the standard of living of the middle 
class and return the foundations of this economy to a middle class that 
is strong, we will never have a healthy economy.
  We are doing what is responsible putting out this fire. But make no 
doubts about it: The remaining days are to also figure out who created 
the fire and make sure that that arsonist is put in jail.
  Mr. BACHUS. Madam Speaker, I yield 1 minute to Mr. Inglis, the 
gentleman from South Carolina.
  Mr. INGLIS of South Carolina. I thank the gentleman for yielding.
  The question before us, I think, is this: Is the risk of doing 
nothing greater than the risk of buying $700 billion of illiquid 
securities? The argument for it, of course, is that illiquid securities 
may turn out to be an okay investment. The best argument against it is 
it's basically socializing losses after Wall Street-types have pocketed 
profits. But, you know, when knowledgeable people tell us that there is 
a substantial chance of a depression, it's time to act.
  Our financial markets have overdosed on credit. Truth be known, we 
have all overdosed on credit. The Federal Government, businesses large 
and small, families wealthy and poor. Working that overdose out of our 
system is going to take some time. But by buying up some of the 
securities that have fallen to a price below their value, the 
government might be able to stabilize the market and later sell off 
some of those securities at a profit. Some will be found to be 
worthless because they are so far removed from the original collateral, 
but some will have value, and we may just come out of this okay.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield 2 minutes to the 
gentleman from Ohio (Mr. Kucinich).
  Mr. KUCINICH. I thank the gentleman.
  Today we're being told that what is good for Wall Street is good for 
Main Street, yet this bailout plan will fail to keep families in their 
homes. Treasury will own troubled assets without any control. Terms of 
bad mortgages cannot be changed absent controlling share of underlying 
securities.
  If you support this legislation because you think it will keep people 
in their homes, think again. In fact, Treasury will not be able to 
change the terms of bad mortgages because the act does not require 
Treasury to purchase a controlling share in the underlying mortgage-
backed securities and collateralized debt obligations.

                              {time}  1245

  The Secretary will be powerless to make any real and substantive 
change in the terms of mortgages. The Secretary will have no power to 
avoid foreclosures and keep families in their homes.
  Last night, I received a letter from Frank Alexander, a professor of 
law at Emory University. He has testified before my subcommittee on 
domestic policy, on targeting Federal assistance to help neighborhoods 
affected by the foreclosure crisis. He is an expert on housing law.
  I would like to put his letter in the Record.
  Professor Alexander clearly demonstrates that the Emergency Economic 
Stabilization Act will not fulfill its stated goal of preserving 
homeownership. Unless the Secretary of the Treasury is required to 
prioritize assets that will give the Treasury a controlling share in 
the underlying home mortgage, the Secretary will hold bad assets with 
no power to make them solid again. So much for the homeowners.
  If we had a plan which focused on saving families' homes, it would 
actually do more for the economy than this bill. Economist Nouriel 
Roubini has written that the lack of debt relief to distressed 
households is behind the financial crisis and the deepening recession. 
With $700 billion directed towards helping or towards trying to save 
homes, we could really stimulate the economy and could give real 
economic security to millions on Main Street, but that's not what this 
bill is about. It's about Wall Street. What is good for Wall Street is 
good for Main Street? Not today.

                                          Emory School of Law,

                             Atlanta, Georgia, September 28, 2008.
     Re Emergency Economic Stabilization Act of 2008.

     Hon. Dennis J. Kucinich,
     Chairman, Domestic Policy Subcommittee, Committee on 
         Governmental Oversight and Reform, House of 
         Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Kucinich: As the text of the Emergency 
     Economic Stabilization Act of 2008 approaches final 
     negotiations and a possible vote in Congress, I want to share 
     my concern over the lack of any clear connection between the 
     Troubled Asset Relief Program, and the provisions of this 
     legislation that appear to relate to Homeownership 
     Preservation.
       This legislation, in its most recent form as of Sunday 
     evening, September 28, has many provisions that make it far 
     superior to the bill that was submitted on behalf of 
     Secretary Paulson eight days ago. The two dominant purposes 
     of the current draft of this legislation appear to be first 
     the desire to enhance financial market liquidity through the 
     acquisition (or insurance) of Troubled Assets, and second the 
     desire to facilitate home preservation through loan 
     modifications. The problem is that there is, quite simply, no 
     clear or necessary connection between the Troubled Assets 
     that may be purchased by the Secretary, and the capacity of 
     the Secretary to engage in or facilitate loan modification or 
     foreclosure avoidance strategies.
       As presently drafted, the Secretary will engage in a 
     program of acquisition (or insurance) of Troubled Assets, the 
     purchase of which ``promotes financial market stability''. 
     The liquidity crisis primarily stems from mortgage backed 
     securities, or derivatives of mortgage backed securities, 
     which contain or are perceived to contain mortgages with high 
     rates of delinquencies or defaults. Mortgage related 
     securities that are composed of a single class of prime 
     mortgages are not illiquid, and are not likely to be the 
     target of acquisition by the Secretary. Instead, the illiquid 
     securities are most frequently those that are highly 
     subdivided and fractured into separate classes or tranches, 
     and often further securitized by derivatives.
       The problem is that when and if the Secretary elects to 
     acquire the mortgage related asset of any single financial 
     institution, the Secretary will not be acquiring a portfolio 
     of whole loans, or even a controlling interest in a 
     securitization of loans.
       If the Secretary acquires a partial interest or whole 
     interest in a given tranche of mortgage backed securities, or 
     in a derivative of a mortgage back security, the Secretary 
     will lack the authority to authorize, require or even permit 
     a program designed to encourage or facilitate homeownership 
     preservation or foreclosure avoidance actions. As an owner of 
     a minority interest in a securitization or security 
     derivative, there is little if anything that the Secretary 
     will be able to do to accomplish the professed goals of 
     Homeownership Preservation in this legislation.
       If in fact this legislation is to have as one of its goals 
     that of homeownership preservation, then the Troubled Asset 
     Relief Program should have, at a minimum, as one of its goals 
     the acquisition by the Secretary of Troubled Assets which 
     will provide the Secretary will a controlling or majority 
     interest in the underlying pool of whole mortgage loans. In 
     such a context the Secretary will be in a position to 
     implement the Homeownership Preservation goals of this 
     legislation.
       The most direct way to modify the current text of the 
     Emergency Economic Recovery Act of 2008 to create the 
     necessary tie between market liquidity and homeownership 
     preservation is to modify Section 101(d)(5) to add the 
     following:
       ``(5) Priority acquisition of troubled assets when such 
     acquisition provides the Secretary with a controlling or 
     majority interest in the underlying pool of whole mortgage 
     loans.''
       In the absence of any functional tie between Troubled Asset 
     acquisition and control with respect to modifications of the 
     underlying residential mortgages, there is likely to be very 
     little significance to the homeownership preservations 
     provisions of this legislation.
           Sincerely,
     Frank S. Alexander,
       Professor of Law, Director, Project on Affordable Housing

[[Page 23130]]

     and Community Development.

  Ms. GINNY BROWN-WAITE of Florida. I recognize Mr. Tiahrt of Kansas 
for 1 minute.
  Mr. TIAHRT. Madam Speaker, fundamentally, there is something wrong 
with the way we are proceeding. The arguments use fear to build 
confidence. We are on an artificial deadline, rushing to judgment, 
fearful we can't get there in time. No one has addressed the 
fundamental reason that has brought us to this state of fear. No one 
has talked about it because this bill does not fix the underlying 
problems. Your fear drives you away from reasoning.
  So now the worm turns. Those of you who complained the rich are 
getting richer want to take money away from those who can't afford it 
and give it to those who live the life style of the rich and famous. 
Those of you who curse corporate welfare pursue the biggest corporate 
welfare bill in history. Why? Because of fear. Taxpayers don't want to 
throw good money--their money--after bad behavior.
  Vote against this. Fix the underlying problem. Don't let fear drive 
you to a bad decision. Vote ``no.''
  Mr. FRANK of Massachusetts. I yield 1 minute to a very committed 
member of our committee, the gentleman from New York (Mr. Meeks).
  Mr. MEEKS of New York. Thank you, Mr. Chairman. I thank you for your 
hard work.
  Madam Speaker, I think what we are subjected to here today is similar 
to what the drunk driver syndrome is. We have a situation where none of 
us likes it, where none of us cares what's taking place here--the drunk 
driver, the one who is intoxicated. Well, the drunk drivers here are 
these markets that now have had a crash on a thoroughfare, the same 
thoroughfare that many individuals drive on, and that thoroughfare is 
blocked. Unfortunately, with the drunk driver, we have to come in and 
rescue that drunk driver and open up that thoroughfare so that traffic 
can flow through it. Well, that is what we have right here.
  We have individuals who were drunk. The regulators are the bartenders 
who continued to pour the drinks and who didn't stop them from 
drinking. Now they're drunk. They've gotten on the main thoroughfare 
and have had an accident. The accident has closed the highway. 
Unfortunately, this highway is also the highway where we have our IRAs. 
It's the highway where we have our 401(k)s. It's the highway where we 
have our pension funds. It's the highway where we have our car loans 
and our mortgages. We have to clear the highway so that Main Street can 
go through it and can continue to survive.
  I support this.
  Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I yield 1 minute to 
Mr. Murphy of the great State of Pennsylvania.
  Mr. TIM MURPHY of Pennsylvania. Madam Speaker, as we pursue this, 
there are several things that still are of concern to me. We need to 
make sure we enact real consequences for those who are accountable for 
this mess and make sure that we enact real change to the system. We 
need to make sure that we say loud and clear to those who gamble with 
public funds that they have an obligation to the taxpayer. We need to 
also make sure that those who are offered loans with a wink and a nod 
who have no ability to pay, no identification, no credit, and no money 
down can't get these loans anymore until we get this system fixed.
  We also need to understand that what we're talking about is a $700 
billion bailout. It happens to be the same amount of money, $700 
billion, that we send every year to foreign oil. If this Congress had 
taken care of our energy problems and had allowed drilling in the Outer 
Continental Shelf and of the Colorado shale oil, we would have had a 
real commodity to sell. We would have had real investments in the 
market and not just paper that we would have been shuffling around and 
would have been hoping that someone would have bought at auction.
  Trillions of dollars in our economy and hundreds of thousands of 
jobs, that's what we should be doing to fix our economy, not just 
selling more paper.
  Mr. FRANK of Massachusetts. I yield 1 minute to the chairman of the 
Oversight and Government Reform Committee who has been playing an 
important role here, the gentleman from California (Mr. Waxman).
  Mr. WAXMAN. Madam Speaker, this is an easy bill to vote against. It 
was presented to us by a Republican President and by a Republican 
administration so blinded by their ideology of deregulation that it 
kept them from preventing this crisis.
  Because of the masterful work of Chairman Barney Frank and of others, 
it is incredibly improved. We hope it will work to stabilize the 
economy. Nobel Prize economists have recommended alternative 
approaches, but almost all of them have said, ``Don't leave without 
passing something.'' This is a Republican bill which must pass with 
bipartisan votes. Many Democrats don't like it. Many Republicans are 
choking on it. We aren't going to get another bill or a better bill 
this year, but we will be back to make real reforms, more reforms next 
year. For now, it would be irresponsible to do nothing.
  I will vote for this bill.
  Mr. BACHUS. Madam Speaker, I yield 1 minute to the gentleman from 
Arizona (Mr. Shadegg).
  Mr. SHADEGG. Madam Speaker, I rise to say that this bill is 
tragically flawed. It contains no increase in FDIC insurance, which 
would make people comfortable and safe when they're rushing to their 
banks right now. It contains no capital gains tax, no tax changes, no 
attempt to deal systematically with the problem. Most importantly, it 
contains no change in the mark-to-market rules.
  This morning, a banker of mine called me from Arizona. He said, 
``Mark to market is destroying the capital in the market, and is 
dragging down the value of these markets.'' He explained that bank 
examiners are not even enforcing their own rule. Their own rule says an 
asset shouldn't be marked down until, one, its value drops and, two, 
until the people stop making payments, but bank examiners are now 
saying that they must call it mark to market and destroy its value even 
if the owner of the property is still making those payments.
  We have asked over and over again for FDIC insurance to be increased 
and for a change in the mark-to-market rules. Again and again and again 
and again, those requests have been rejected.
  Mr. FRANK of Massachusetts. I yield to the gentleman from New York 
(Mr. Crowley) 1 minute.
  Mr. CROWLEY. I thank the chairman for all of his work on this 
bipartisan piece of this legislation.
  Madam Speaker, I rise not as a representative of Wall Street in New 
York but of 65th Street in Woodside, Queens, New York.
  First, let me state that everyone is angry that we're here this 
afternoon enacting this piece of legislation, but immediate action must 
be taken or our Nation's credit system and banking system will dry up. 
What that means is pension plans and retirement savings will be 
threatened by the wild fluctuations of the stock market. It will mean 
the tightening of credit, which means even the most creditworthy 
Americans won't be able to afford homes or be able to refinance their 
homes. Student loans will evaporate, making college more expensive. 
Auto loans will dry up and, finally, salaries. If employers cannot 
access banks and credit, they will not be able to meet their payroll, 
and layoffs will begin.
  This was a 3-page bill when we first got it, ladies and gentlemen, 
but we, the Democrats, made this a better bill. We added both the civil 
and criminal accountability of Wall Street executives. Government 
should be giving out metal bracelets, ankle bracelets, and not golden 
parachutes.
  Madam Speaker, this is not a perfect bill, but it is a much better 
bill than we got initially. I will be supporting this legislation.
  Mr. BACHUS. Madam Speaker, I yield 1 minute to the gentlewoman from 
Colorado (Mrs. Musgrave).
  Mrs. MUSGRAVE. Madam Speaker, I am pleased that the strong opposition

[[Page 23131]]

to the initial administration proposal has helped to force some very 
important changes such as the bipartisan oversight board, which is an 
online database that will allow greater oversight of the Secretary's 
actions, but this is still a bailout for Wall Street that will cost the 
average Colorado household thousands.
  I simply cannot stomach transferring that kind of money from the 
middle class families to a bunch of Wall Street bankers whose avarice 
and greed put us in this situation in the first place. It's interesting 
that, when working families were being crushed by soaring energy prices 
this summer, Congress went on vacation. Yet, when Wall Street faced the 
consequences of its actions, we worked around the clock to help them. 
We should place the same priority on helping Main Street that we place 
on helping Wall Street.
  Mr. FRANK of Massachusetts. I yield to the gentleman from Minnesota 
(Mr. Ellison), a member of our committee, 1 minute.
  Mr. ELLISON. Madam Speaker, a good friend of mine who runs a charter 
school needed to get a line of credit recently to float her payroll. 
She couldn't get it. In the past, she had. That puts the teachers, the 
custodial staff, the people who work in the kitchen, and all of those 
folks in line for a payless payday, which means that we've got 60 folks 
who will not be able to make car notes, mortgages or who will not, 
perhaps, be able to pay credit cards and who knows what.
  This kind of problem is bleeding throughout the economy. That's why 
the unemployment rate is 6.2 percent. We can wait to see the pain, and 
then we will be motivated to act, but do you really want to see 8 
percent or 9 percent unemployment?
  Mr. BACHUS. Madam Speaker, I yield myself 3 minutes, and I'd like to 
go to the well.
  It's 11 days later, and our time has run out. We're going to have a 
vote. We're going to make a decision. There are no more alternatives. 
There are no other choices--just this one choice. I don't know about 
you. I believe every Member of this body feels as if there is an 
awesome responsibility on our shoulders. This will be the most 
difficult decision I make in my 16 years in this body, and I have 
decided that the cost of not acting outweighs the cost of acting.
  I've been able to calculate the financial cost of acting, and I know 
that it's something less than $700 billion. I could go into a long 
explanation, but I am actually optimistic that almost all of that money 
will be recovered by the taxpayer. But I'll tell you, like an explorer 
in uncharted territory, none of us in this body has any really good 
judgment or insight into what happens if we fail to pass this bill.
  It could mean companies will go out of business. We've been told it 
would. It could mean more bank failures. It probably will. It will mean 
the impairment of our parents' and grandparents' pensions. I'm not 
willing to put that bullet in the revolver and spin it. I'm not willing 
to take that gamble. I'm not willing to pull that trigger because I am 
not willing to subject the American people to the worst case scenario.
  I don't have a crystal ball. That is one reason that I'll be voting 
``yes.'' I will take the political risk, but I will not take a risk on 
the American people and their future, and on the prosperity of my 
children and of my grandchildren.
  Thank you very much.
  Mr. FRANK of Massachusetts. Madam Speaker, I know this has been as 
difficult for the ranking member as it has been for me, and I 
appreciate the generosity of spirit he has brought to this.
  I now yield 1 minute to the gentlewoman from Connecticut (Ms. 
DeLauro).

                              {time}  1300

  Ms. DeLAURO. Our first goal as Members of Congress is to rescue the 
economy, get it moving again, and make sure the middle class and small 
businesses get on their feet.
  I hate that near criminal mismanagement of our economy and near 
criminal contempt for our values has forced us to act today. Today's 
financial crisis could lead to an economic meltdown unseen since the 
Great Depression, and I have a responsibility to avert it in the 
interest of the country, though I know it will be unpopular.
  For too long, the policies of this administration and the previous 
majority in Congress put middle class families at risk. I am under no 
illusions about how we got here. And I act today not to help the banks, 
but to help hardworking, struggling middle class Americans, small 
business people.
  If we do not act, unemployment will rise, small businesses will not 
meet payroll, and a credit freeze closes the door on families who need 
loans to pay for schools, cars and housing.
  The administration offered a plan; it was unacceptable. This 
legislation, while imperfect, offers a different approach. It should be 
coupled with investing in job-creating infrastructure, new green jobs, 
and measures that give consumers more income.
  Mr. BACHUS. Madam Speaker, I yield 5 minutes to the gentleman from 
Missouri, our whip, Mr. Blunt.
  Mr. BLUNT. I thank the gentleman for yielding. I thank him for his 
leadership today and his leadership during this discussion.
  None of us want to be here today. All of us would rather not be 
dealing with this situation. None of us wanted to see the worldwide 
economic news over the weekend, but it all happened. And we see things 
happening in our country today that have to be dealt with, and this 
body has an opportunity today to deal with those things.
  We've reached out to try to compromise on both sides of the aisle on 
a solution. Now, frankly, I think every speech here today on either 
side that gets into wanting to allocate blame as part of this vote is 
not helpful. I do think what could be helpful is this solution. I don't 
think it is helpful the way we started talking about a ``solution, but 
it's not this one.'' We started talking about a bailout, and we truly 
have gotten, with lots of effort, to a program that could be a workout.
  These are not valueless assets; these are just assets that don't 
reflect in today's economy the value that they truly have. And this is 
a program that, through a number of ways, would begin to stabilize and 
establish that value again. Whether it was going in and purchasing some 
of these mortgages, whether it was insuring these mortgages and other 
assets that are out there, you begin to make money available again for 
families in America; you begin to make money available again for 
businesses that want to expand; you begin to make money available again 
for student loans; you begin to make money available again for the 
person who wants to pave the parking area at the service station.
  This is not about Wall Street; it's about Main Street. And this is 
not about the government going in and buying things that don't have 
value, it's about the government helping establish what that value is. 
If that's done right, and we believe that all of the transparency that 
you could possibly hope to have in a government program is here, all of 
the oversight is here--in fact, if anything, we may have overdone the 
oversight, but none of us want to have underdone the oversight--and 
that's all here.
  And this program would ensure, if administered as I think it now has 
to be under the protections in it, that taxpayers don't lose money. And 
if, at the end of the process 5 years from now, the Director of the 
Office of Management and Budget would say to the President there is 
still some taxpayer loss here, the President then has to come back to 
the Congress and say to the Congress, here's how we, over the next 
number of years, recover the remaining money from the people who 
participated in the program, not the entire financial sector, not every 
person in America, but the people who benefited from, who participated 
in the program.
  Taxpayers, unless a future Congress loses its ability to do what the 
law says they need to do, taxpayers won't lose anything. And, frankly, 
I think if this is administered the way it almost has to be now, that 5 
years from now it will be apparent that taxpayers won't have lost, they 
will have gained. And

[[Page 23132]]

while they were gaining, America gets started on the right direction.
  If you're watching the stock market over the next few days and we 
don't act, whether you have portfolios that you know about or not, if 
you have a pension plan, if you have a son or daughter who wants to go 
to college, if you have a home improvement you would like to make, 
you're going to be affected if the economy doesn't begin to reflect the 
true strength that this economy has.
  This bill helps us re-establish the floor for that strength. This 
bill helps us ensure that taxpayers don't pay any cost. This bill 
ensures that everybody can watch all the time to see what's going on.
  I urge my colleagues to vote for it. I thank my colleagues who have 
worked hard to get it to this point. I encourage my colleagues, too, 
that this is no time to try to seek partisan advantage; this is the 
time to try to seek a bipartisan solution.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield to my colleague 
from Massachusetts, who has one of the best records in dealing with 
this set of issues in the Congress, the gentleman from Massachusetts 
(Mr. Markey).
  Mr. MARKEY. When the markets go up, Wall Street cleans up. When the 
markets go down, Main Street gets cleaned out.
  Nobody wants to do this. Nobody wants to clean up the mess created by 
Wall Street recklessness. Nobody thinks this is perfect. But, if we 
don't act now, we won't just punish Wall Street, but punish innocent 
people on Main Street who will get cleaned out.
  This is the greatest threat to those people since the Great 
Depression. This bill, because of Barney Frank, protects taxpayers, 
prevents golden parachutes, and limits excessive CEO compensation, 
helps prevent home foreclosures, provides strong, independent oversight 
and transparency. Not just Main Street, but the whole world is looking 
at us. Our very system of capitalism is under assault.
  We must pass this today. We must give support to this. We must 
protect Main Street across this entire country. Vote ``yes'' on this 
protection of citizens of our country.
  I rise in support of this bill.
  After careful consideration of the bill to provide emergency 
assistance to stabilize our economy, I have decided to support this 
bill.
  For years, I have fought hard for tougher oversight and regulation of 
Wall Street. I fought for tougher laws against insider trading, market 
manipulation, and other financial fraud; I fought to give the SEC 
expanded powers to obtain risk assessment reports regarding the risks 
posed by derivatives and other risky investments; I fought against 
efforts to deregulate Wall Street and make it tougher for defrauded 
investors to sue the scam artists who have ripped them off.
  But 12 years of Republican-led deregulation and lax controls have 
fueled Wall Street's greed and recklessness in an inexcusable manner. I 
don't like having to vote for this kind of legislation. Still, I 
believe that a failure to act now wouldn't merely punish Wall Street, 
but also would put hardworking Americans at risk of losing their homes, 
their jobs, and their savings.
  When the Bush administration presented its plan to Congress a week 
ago, I believed it did not contain the safeguards needed to protect 
taxpayers from billions of dollars in losses that could result from 
this rescue plan.
  But over the past week, as a result of round-the-clock negotiations 
with the Bush Administration, essential taxpayer protections were 
added. For example, the plan now:
  Protects taxpayers by requiring a plan for full repayment of all 
funds used to assist troubled financial firms;
  Helps prevent home foreclosures by granting the Government authority 
to work with loan servicers to change the terms of mortgages to keep 
Americans in their homes;
  Prevents golden parachutes by limiting excessive compensation for 
CEOs and executives of firms selling assets to the Government as part 
of the plan;
  Creates strong, independent oversight and transparency to prevent 
waste and fraud and protect taxpayers.
  I believe that failure to take action now would mean considerable 
risk of serious economic pain for America. The pain would not be 
limited to Wall Street bankers who made risky bets that didn't pay off.
  Without relief now, Americans across the country struggling to pay 
their mortgages would be at greater risk of losing their homes. 
Responsible companies seeking credit to keep their businesses afloat 
already have seen financing dry up--if the Government fails to 
intervene now, more companies could close their doors, putting more 
Americans out of work.
  The bill provides tough oversight and commits Congress and the 
President to the principle that whatever the ultimate cost is, it will 
be borne by the financial services industry directly, not taxpayers in 
general.
  Our economy is facing the biggest Wall Street crisis since the Great 
Depression. Congress must respond to stop further declines that could 
wipe out savings accounts and hurt everyday Americans around the 
country if the crisis spreads even further.
  Our entire economy depends on this critical legislation, but the 
taxpayers should not be on the hook to pay for risky business on Wall 
Street and lax oversight by the Bush administration. The taxpayers' 
insurance guarantee in the bill is one of the many taxpayer protections 
Democrats included to improve the original Bush-Paulson plan to 
stabilize American financial markets.
  I urge adoption of the bill.
  The SPEAKER pro tempore. The gentleman from Alabama has 2 minutes 
remaining. The gentleman from Massachusetts has 4 minutes remaining.
  Mr. BACHUS. Madam Speaker, I reserve the balance of my time.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield for a unanimous 
consent request to the gentleman from California.
  Mr. GEORGE MILLER of California. Madam Speaker, I rise in support of 
this legislation.
  Madam Speaker, I rise today in support of the Emergency Economic 
Stabilization Act, a bill to respond to what could be one of the worst 
financial crises to face our country.
  Just over 10 days ago, in response to this crisis, President Bush 
asked Congress to immediately approve a 2\1/2\-page plan to grant 
never-before-seen powers to the Secretary of the Treasury to spend a 
staggering $700 billion in taxpayer money to bail out Wall Street 
firms, with no strings attached, no accountability, and no guarantee of 
success.
  This President, who has overseen one of the worst economic records in 
American history, asked us for a blank check.
  The Speaker of the House, my colleagues, and I said, ``No.'' We 
rejected his blank check plan.
  But we did not dismiss the need to take action on behalf of American 
workers and families already hurt by our economic problems and who 
would be severely hurt further if this financial crisis becomes a full 
scale economic meltdown.
  Instead, we said that if we are to rescue failing institutions 
because it is in the public's interest then we must ensure that the 
plan protects the taxpayer and holds officials accountable.
  The plan that we are voting on today is a far cry from what we were 
first asked to approve. It is the result of hundreds of hours of 
negotiations between the House, the Senate, and the White House and 
between Democrats and Republicans.
  The result is a plan that:
  Provides money to rescue firms in stages, not all at once;
  Limits the compensation of CEOs whose firms the government rescues. 
No more golden parachutes for Wall Street tycoons who get government 
assistance.
  Provides immediate and ongoing tough oversight by independent boards 
including the Inspector General and the Government Accountability 
Office;
  Gives taxpayers ownership of the companies that they would rescue, 
giving them a share of the profits in those companies;
  Helps families going through foreclosure, and;
  Provides a mechanism for paying for any losses the taxpayer might 
face from this plan.
  You would think that these protective measures would have been 
obvious to the President when he asked us to approve his plan.
  The fact is, Democrats in the House and Senate had to fight for them. 
We had to fight to limit CEO pay for rescued firms. We had to fight for 
tough oversight. We had to fight to give taxpayers ownership of the 
companies we help. And we had to fight to get some mechanism of paying 
for this plan.
  So, with great deliberation and a lot of hard work, we made this a 
much better bill.
  This bill does not have everything in it that I or others here 
wanted. It is a compromise. But it is a compromise that I believe is 
far preferable to the alternative of not acting at all.
  The American economy is in its weakest condition in many, many years. 
Rising unemployment, stagnant and declining wages,

[[Page 23133]]

record high energy costs, and soaring food prices.
  Mortgage foreclosures continue to rise and home values continue to 
decline.
  Fundamental investments in our economy remain unmet--for health care, 
aging roads, bridges and schools, new energy sources and energy 
conservation, and for education.
  Amidst this economic crisis we face the potential for a sudden 
meltdown of our nation's financial markets of a magnitude that few of 
us have ever seen in our lifetime and that would reach into every 
corner of our nation and further weaken the living standards of every 
American.
  No one can say with certainty, but if you believe the experts' 
predictions the collapse of the financial markets will not just result 
in the bankruptcy of banks and other firms on Wall Street.
  The financial collapse would cripple the credit markets and would 
prevent the economy from growing, hurting Americans' ability to borrow 
at reasonable rates to make payroll at small businesses, invest in new 
equipment, borrow for college, take out a mortgage, start new 
businesses, or buy new cars. It would hurt our ability to create new 
jobs.
  As we are seeing in California, school districts, counties, and 
cities are losing millions of dollars because of the collapse of Wall 
Street firms in which they held investments.
  The question of whether to help rescue Wall Street firms and 
stabilize the credit markets is daunting and one that I know each of my 
colleagues is considering with greatest sense of caution, obligation 
and responsibility.
  Americans are furious with the CEOs of Wall Street, and they have 
every right to be. Just as they should be furious with 8 years of the 
Bush Administration and 12 years of the Republican-led Congress that 
did nothing but cut taxes for the rich and help Wall Street with 
deregulation of the banks and provide no oversight from Washington.
  With the Republicans' help, the barons of Wall Street have taken the 
upside of the economy with relish. They invented and mastered the 
golden parachutes and eye popping executive compensation schemes that 
have created their own economic class in our country.
  They created new, complex financing mechanisms that were beyond even 
their own understanding and they violated every common sense rule of 
corporate transparency and financial soundness.
  Armed with their powerful lobbyists, Wall Street cunningly held off 
fair regulations by Congress, arguing that left to their own devices 
Americans would be better off.
  The American people are the victims of this go-go, Wild West approach 
to governing.
  Well, the damage is done, and the damage is devastating. And now, the 
party is over.
  Congress and the American people are going to have to step up to the 
plate and right the pieces. It will not be easy.
  But the taxpayers should not be asked to do so without the 
protections that we have fought to include.
  That is our primary concern--the American people who have had to 
withstand a devastating economic downturn during the last eight years, 
who had to shoulder the mounting costs of bailing out one large bank or 
financial firm after another, and who have not had anyone come to their 
own rescue when times got hard.
  This bill is intended to stabilize the credit markets, slow the 
decline of foreclosures, slow the decline in home values, and begin to 
free up credit so that the economy can have a chance to grow.
  Based on what I have learned from a wide range of experts across the 
country, I believe the financial crisis is real and that the 
consequences of not acting now will be far, far worse for average 
Americans than if we do nothing at all.
  This bill is not just about trying to prop up the stock market. 
Markets will rise and fall for a variety of reasons. But the dramatic 
decline in the stock market clearly hurts tens of millions of Americans 
with pension funds, retirement accounts, college funds, and other 
savings that are invested in the stock markets.
  What we are attempting to do is stabilize the credit markets because 
that is what fuels our economy and creates jobs and good incomes. The 
crisis that started on Wall Street does not end on Wall Street, it ends 
on Main Street, in every small town and big city in our country.
  If this bill were just about Wall Street, given their behavior, I 
wouldn't walk across the street to save them. But this is really about 
our communities and families and people's access to credit, and jobs 
and economic growth. This is an important step but clearly much more 
needs to be done to create jobs and try to stop the slide in home 
values.
  For example, the House passed a bill to spend $60 billion quickly on 
a stimulus plan, for infrastructure and unemployment insurance. The 
Administration has opposed it and has threatened to veto our plan.
  Our plan would have created good paying jobs in California and in 
America, providing an infusion of money for mass transit, highways, 
water projects, bridges, water recycling, and broadband technology, all 
of which are an investment in the economic future of America.
  The President is wrong to oppose this. At a time of rising 
unemployment, it is unfortunate that the President has opposed us and 
refuses to support our investment plan. But I will continue to fight 
for our economic plan that is essential to our long-term economic 
recovery.
  I have fought to protect homeowners, taxpayers and consumers. I urge 
my colleagues to support this plan and to continue to work together to 
make further investments in the economy that are crying out for our 
approval to get America moving forward and get Americans working again.
  Mr. FRANK of Massachusetts. Madam Speaker, I yield myself 3 minutes.
  Madam Speaker, I have mostly appreciated the kind words directed at 
me. I say ``mostly'' because it has been my experience here that there 
is often an inverse ratio between the nice things people say about you 
and their inclination to vote for your bill. I hope we can overcome 
that in this situation.
  But I want to talk now--and we've worked on this in a compromise way, 
and I am proud to have worked with the whip and my ranking member 
counterpart and others across the ideological spectrum. And meeting a 
national crisis does not give any of us the luxury of doing everything 
we want.
  I hope we will come back here with more votes. And if we have more 
votes, the next time we negotiate I'll be tougher, but you have got to 
accept reality.
  I wish this was a bill that reflected more of my priorities. I wish I 
could eat more and not gain weight, but I have learned that acting 
imprudently on my wishes that cannot be realized is not helpful. But I 
do want to address those who share with me a commitment to dealing with 
people who are low on the economic spectrum.
  Madam Speaker, I do my work, and I work on a lot of the general 
issues. But if there weren't poor people in this world and if we didn't 
have discrimination, I wouldn't be here. That's why I'm here.
  What I have tried to do every time we've had a major bill, I'll be 
honest, is to use the leverage I get as chairman because there are 
things that everybody needs to put in for the poor people, to put in 
something for the people who don't otherwise get a fair shake. And 
sometimes there's a lot of other things in there. But I will tell my 
colleagues this, particularly my fellow liberals, if we aren't prepared 
to accept some of the things we don't like, we will not have the power 
to deliver for the people we care about. We do not unilaterally have 
the power to impose policies we would like, and therefore, a compromise 
is required.
  What do we have in this bill? I've got a letter I'm putting in the 
Record from every liberal advocacy group--not ACORN, I want to assure 
my colleagues over there before they have a conniption--but every other 
group, the Low-Income Housing Coalition, the Legal Aid Society, 
National Coalition for the Homeless. And it says: ``We are writing to 
thank you for the inclusion of measures to protect renters.''
  People all over this country who rented, who didn't make an imprudent 
decision to buy a house, found themselves being evicted because 
somebody didn't pay the mortgage. We try to protect them against this. 
We try to keep subsidies. I tell you this, the lower-income people, the 
poor people, they will get nothing if we're not prepared to compromise 
some.
  Secondly, we have in here--and I understood what the gentleman from 
Ohio (Mr. Kucinich) was saying--very good language on foreclosure. Is 
it everything I wanted? No. But I'll tell you this, if this bill 
passes, we will have a Federal Government empowered to do, for the 
first time, significant reductions in foreclosures. Now, I don't know 
who's going to win in November, but I will tell you this, this will put 
in the hands of whoever the President is the power to do a great deal 
of good.

[[Page 23134]]

Please don't throw it out because you're unhappy with some other 
provisions.
                                               September 29, 2008.
     Hon. Barney Frank,
     Chair, Committee on Financial Services, House of 
         Representatives, Washington, DC.
       Dear Chairman Frank, we are writing to thank you for the 
     inclusion of measures to protect renters in this Emergency 
     Economic Stabilization Act of 2008. The provisions that will 
     allow renters with leases to stay in place and that provide 
     for the continuance of existing protections for tenants, 
     including rental subsidies, are very important to ensure that 
     this financial crisis does not disrupt the lives of some of 
     our most vulnerable citizens.
       Thank you for your leadership on this issue.
           Yours truly,
       Center on Budget and Policy Priorities; City of New York; 
     Coalition on Homelessness and Housing in Ohio; Community 
     Economic Development Assistance Corporation; Community 
     Service Society of New York; Jesuit Conference USA; Housing 
     Preservation Project; Legal Aid Society; and National 
     Coalition for the Homeless.
       National Housing Conference; National Housing Law Project; 
     National Housing Trust; National Law Center on Homelessness & 
     Poverty; National Low Income Housing Coalition; National 
     Policy and Advocacy Council on Homelessness; Stewards for 
     Affordable Housing for the Future; The Community Builders--
     DC; and Urban Homesteading Assistance Board.
                                  ____

                                              National Association


                                             of Home Builders,

                               Washington, DC, September 29, 2008.
     Hon. John Boehner,
     Minority Leader, House of Representatives, Washington, DC.
       Dear Minority Leader Boehner: On behalf of the 235,000 
     members of the National Association of Home Builders (NAHB), 
     I am writing to urge your support for the Emergency Economic 
     Stabilization Act of 2008. NAHB strongly believes this 
     bipartisan proposal will help remedy the extreme turmoil and 
     uncertainty currently facing the nation's financial markets.
       Falling home prices, mounting foreclosures, and a frozen 
     credit market have taken a severe toll on the nation's 
     economy. As the financial markets struggle, mortgage credit 
     costs are increasing and home builders are finding it more 
     and more difficult to obtain any business credit. The 
     Emergency Economic Stabilization Act of 2008 will provide an 
     outlet and patient market for troubled mortgage assets, thus 
     restoring confidence in global financial markets and allowing 
     credit to once again flow to businesses. Ensuring that 
     credit-worthy home buyers, builders and other small 
     businesses have access to credit is absolutely essential to 
     putting the American economy back on track.
       Again, NAHB believes that the Emergency Economic 
     Stabilization Act of 2008 represents the best opportunity to 
     address the turmoil facing the U.S. economy, and we urge your 
     support for this carefully-crafted, bipartisan legislation. 
     We look forward to working with Congress to move this 
     legislation forward in an expeditious manner.
           Sincerely,
     Joseph M. Stanton.
                                  ____


     Board of Governors of the Federal Reserve System Press Release

       I welcome the agreement by the Congress and the 
     Administration on a comprehensive plan to stabilize our 
     financial system and support our economy. This legislation 
     should help to restore the flow of credit to households and 
     businesses that is essential for economic growth and job 
     creation, while at the same time affording strong and 
     necessary protections for taxpayers. I look forward to swift 
     passage of the legislation.
       In addition, the Federal Reserve Board supports the timely 
     actions taken by the Federal Deposit Insurance Corporation, 
     which demonstrate our government's unwavering commitment to 
     financial and economic stability.
                                  ____

                                                American Financial


                                         Services Association,

                                               September 28, 2008.
     Hon. Nancy Pelosi,
     Speaker, House of Representatives, Washington, DC.
     Hon. Harry Reid,
     Senate Majority Leader, U.S. Senate, Washington, DC.
     Hon. John A. Boehner,
     House Minority Leader, House of Representatives, Washington, 
         DC.
     Hon. Mitch McConnell,
     Senate Minority Leader U.S. Senate, Washington, DC.
       Dear Speaker Pelosi, Senator Reid, Leader Boehner, and 
     Leader McConnell, The American Financial Services Association 
     (AFSA) is pleased to support the Emergency Economic 
     Stabilization Act of 2008. AFSA hopes that Congress will pass 
     this critically important legislation and send it to the 
     President's desk as soon as possible. The plan is essential 
     to restoring certainty, stability and liquidity to the credit 
     markets.
       AFSA is encouraging the Securities and Exchange Commission 
     to use its new authority in the bill to suspend mark to 
     market accounting standards as quickly as possible. In 
     addition, AFSA is urging the Secretary of the Treasury to use 
     the authority given to him in the legislation to make finance 
     companies eligible to participate in the rescue plan, as well 
     as to include auto, small business and student loans as 
     eligible assets under the definition of troubled assets.
           Sincerely,

                                                 Bill Himpler,

                        Executive Vice President, Federal Affairs,
     American Financial Services Association.
                                  ____


                                  Memo

     Date: September 29, 2008.
     To: Members of the U.S. Senate and House of Representatives.
     From: Edward L. Yingling, President and CEO, Floyd E. Stoner, 
         Executive Vice President, Congressional Relations & 
         Public Policy, American Bankers Association.
     Re: Support for the Emergency Economic Stabilization Act of 
         2008.

       I am writing on behalf of the entire banking industry to 
     express our support for the compromise legislative package 
     that Congress is considering to address the current financial 
     crisis.
       The crisis on Wall Street and in financial centers around 
     the world has reached a point where extraordinary action is 
     required. The proposal put forth by Treasury Secretary Henry 
     Paulson and modified by Members on both sides of the aisle is 
     a constructive solution to the crisis we face. It will 
     provide the financial backstop needed to unfreeze the 
     financial markets and provide for greater transparency and 
     accountability for firms that participate in the program.
       The action that Congress is taking is not one that the 
     regulated banking industry sought, but is necessary to 
     address this financial crisis to ensure that credit is 
     available to consumers and businesses on Main Street. There 
     can be no doubt that the freezing up of the world's credit 
     markets and the loss of confidence we are seeing will, if 
     left unchecked, dramatically impact consumers and businesses 
     of all sizes.
       While we support the basic construct of the compromise 
     package, we are concerned about the provision that was added 
     at the end of the process to have the President assess the 
     final costs to the government, after five years, and make a 
     legislative proposal on how to recoup those costs from the 
     financial services industry, possibly through the assessment 
     of a fee. As Secretary Paulson, Chairman Bernanke, and many 
     Members of Congress have consistently pointed out, this 
     crisis was the result of actions of unregulated mortgage 
     brokers and failures on Wall Street, not of actions of 
     regulated, FDIC-insured banks.
       We support this compromise package because we recognize the 
     impact that a failure to pass this legislation would have on 
     the national economy.

  The SPEAKER pro tempore. The gentleman from Alabama has 2 minutes 
remaining.
  Mr. BACHUS. Thank you, Madam Speaker, and thank you, Chairman Frank.
  Madam Speaker, at this time, I yield the balance of our time to our 
very capable leader, Mr. John Boehner from Ohio.
  Mr. BOEHNER. Let me thank my colleague from Alabama for yielding and 
thank him for his words.
  The gentleman, along with the chairman, have been through a tough 
period. And it's not just been the last week or 11 days; it's been 
really over the last year. And I want to thank both of them for their 
good work.
  You know, the American people are angry, angry that this is happening 
to them, angry about their future. They're scared. And there isn't a 
Member in this room that isn't as angry as they are and not a Member in 
this room that isn't just as scared about where we are.
  I've been here for a long time, a lot of you have been here for a 
long time; and we've cast a lot of tough votes along the way. I don't 
know that they get much tougher than this because nobody wants to vote 
for this, nobody wants to be anywhere around it. And I don't blame you, 
I don't want to be around it.
  We have a bill in front of us that is a bipartisan bill. We've got 
Members on the Democrat side who have all kinds of things they want in 
this bill that aren't in here. I have a lot of my Republican friends 
who are irritated that this issue and that issue aren't in here, that 
we don't do more to attract private capital to help fix this problem. I 
understand that.

[[Page 23135]]

  And so we have an imperfect product. But we have a product that may 
work, a product that may work if we can get the votes to pass it, 
which, I don't have to tell any of you, is in serious doubt.
  I just want everybody to think about where we are. While there is a 
lot of risk to any Member who votes for this, both sides of the aisle, 
just think about what happens if we don't pass this bill. Think about 
what happens to your friends, your neighbors, your constituents. Think 
about those retired people whose retirement income will shrivel up to 
zero. Think about the jobs that will be lost. If I didn't think we were 
on the brink of an economic disaster it would be the easiest thing in 
the world for me to say no to this; but I believe the risk in not 
acting is much higher than the risk in acting.
  This Congress has to do its job. None of us came here to have to vote 
for this mud sandwich--I can describe it a lot of different ways, you 
all know how awful it is. I didn't come here to do this. I didn't come 
here to vote for bills like this. But let me tell you this, I believe 
Congress has to act, and that means each and every one of us have to 
act. These are the votes that separate the men from the boys and the 
girls from the women.

                              {time}  1315

  These are the votes. These are the votes that your constituents sent 
you here to decide on their behalf. They didn't tell you it was going 
to be easy. They didn't tell you that it's going to be black and white, 
you won't have any shades of gray. These are the kind of votes that we 
have to look into our soul and understand and ask ourselves the 
question: What is in the best of our country?
  I believe what's in the best interest of our country, as I stand here 
today, is to vote for this bill. While imperfect, while not having 
everything everybody wants, I believe that we have to vote for this 
bill and do our very best to keep ourselves from the brink of an 
economic disaster that will harm all of our constituents.
  So I ask all of you, both sides of the aisle, what's in the best 
interest of our country? Not what's in the best interest of our party. 
Not what's in the best interest of our own re-election. What's in the 
best interest of our country?
  Vote ``yes.''
  Mr. FRANK of Massachusetts. Madam Speaker, I now have the privilege, 
to the regret of absolutely nobody, of closing out this debate by 
yielding 1 minute to the very able majority leader, who has played such 
a constructive role, the gentleman from Maryland (Mr. Hoyer).
  Mr. HOYER. I thank the gentleman for yielding.
  Madam Speaker, we swore an oath to protect this country, to protect 
our Constitution, and protect our people.
  Most days in the House of Representatives, we make judgments. Those 
judgments are between what we think are good and better and perhaps 
bad. Most days are not like today. This is a day of consequence for the 
American people. This is a day of consequence to our country. This is a 
day when the Democratic leader, myself, rises to follow the Republican 
leader, and they speak with one voice as America faces crisis. That's 
what Americans want us to do.
  I congratulate Mr. Boehner for his courage and for his leadership. 
And I congratulate my good friend Roy Blunt, with whom I have worked on 
issue after issue to try to bring us together, not on behalf of 
Republicans or Democrats but on behalf of our people.
  Why should taxpayers lend out their own money to solve a crisis 
brought on by someone else's greed? Because when it comes to our 
economy, none of us, none of us is an island. We are all bound together 
in boom or bust, in growth or collapse, from the bankers on Wall Street 
to the smallest rural community that we represent.
  Imagine, my colleagues, that we do nothing. A million more homes will 
likely be foreclosed on. Banks would likely be unable to lend. Credit, 
the lifeblood of any economy, might dry up across America. That means 
families unable to take out a loan to buy an appliance when their 
washing machine or refrigerator breaks, or send a child to college. It 
means retirement savings devastated. It means businesses shrinking all 
over America unable to meet their payrolls, and jobs lost and families 
at risk. That's what Mr. Boehner said and that's what I say. That's 
what Mr. Paulson has said. That's what Mr. McCain has said. That's what 
Mr. Obama has said. America faces a crisis, and Americans call out for 
us to come together to confront that crisis on their behalf.
  It means workers losing their jobs on top of the more than 600,000 
that we have lost this year. The meltdown would begin, it is true, in a 
few square miles in Manhattan. But before it was over, all of us know 
no city or town in America would be untouched.
  With this bipartisan rescue plan, I am hopeful, every one of us in 
this body is hopeful, the President of the United States is hopeful, 
and I know that every American that we have the honor and privilege of 
representing hopes that we will prevent the worst-case scenario.
  Under a plan put forward by President Bush, the government would 
purchase the bad assets clogging up our financial system, with the goal 
of restoring the flow of necessary lending and credit.
  The original plan gave unchecked power to the Secretary of the 
Treasury to spend $700 billion as he saw fit. We, who represent the 
American public, who will be at risk, we hope they will not lose and we 
think they may not, but we said, no, we cannot do that. Our 
responsibility is to ensure transparency and oversight so that we know 
how their money is being spent and can ensure to the extent possible 
that it is spent in as honest and as effective fashion as we can 
effect. We made clear that this Congress does not write blank checks.
  Both Chambers and both parties negotiated around the clock. I 
especially want to thank my colleague, as I have before, my friend 
Minority Whip Roy Blunt. Roy Blunt came to the table, and everybody 
that has been at that table has said Roy Blunt represented the American 
public at that table, as Barney Frank represented the American public 
at that table.
  We've made significant improvement to the President's plan. First, we 
fought to add provisions ensuring that if and when financial 
institutions helped by this rescue begin to grow again, taxpayers will 
be the first to share in their profits; so even though this bill 
authorizes a total of $700 billion, as Mr. Spratt pointed out earlier 
today, the Congressional Budget Office does not believe that it will be 
anywhere near that price tag.
  Some of you have heard me say that I was sworn in to the Maryland 
State Senate in January of 1967. On that same day in my State, Spiro T. 
Agnew was sworn in as Governor of the State of Maryland. And in his 
inaugural address, he said to all of us that the cost of failure far 
exceeds the price of progress. I think that is what is at stake here 
today, that the cost of our failure will far exceed the price of the 
progress we try to effect in this bill.
  Secondly, we added a repayment clause originally championed by 
Congressman Tanner. And after 5 years the administration will have to 
tell us the true net cost to taxpayers and submit a plan laying out how 
Wall Street and financial institutions will pay back the taxpayer. 
While the final provision we negotiated with Republicans is not as 
strong as either of us would have liked, it is a step in the direction 
that both of us sought.
  Thirdly, this bill restricts the compensation of executives. We ought 
not ask taxpayers to take a risk and advantage people who are making 
millions either as they work or as they leave successful or failed 
institutions.
  Fourth, the Treasury Secretary's decisions will be subject to 
oversight and judicial review.
  Finally, we will help homeowners change the terms of their mortgages 
to forestall the 2 million projected foreclosures that could further 
cripple our economy and devastate our neighborhoods. I know that it is 
not as good as some would like, but the alternative is nothing, and 
that is not acceptable.
  We have ensured that this bill will not reward Wall Street for bad 
risks.

[[Page 23136]]

Instead, it will keep local banks open. It will protect retirement 
accounts. It will help families get the credit they need. It will help 
small businesses stay alive and hiring.
  But we must also reform our financial sector to safeguard against 
another collapse like this, and we will do so. Fiscal irresponsibility 
and regulatory neglect were at the core of this crisis. We must and we 
will investigate just how that failure occurred. And we will strengthen 
regulation and put economic referees back on the field. Responsible 
oversight must return to Wall Street.
  Today, though, today, we are doing our best to forestall what 
Secretary Paulson and Federal Reserve Chairman Bernanke are predicting 
would be a disaster.
  I opened by saying America was in crisis and that this was a day of 
consequence for our country. They have sent us here to respond. Today, 
this is not a Republican House or a Democratic House. It is the 
People's House. And the people, by an overwhelming majority, have asked 
us to act. They have not said act on this bill in this way because, 
like us, they're not sure. But what they do know is that inaction is 
not an option, that inaction will result in greater pain for our people 
and for our country.
  So I rise with my friend John Boehner and my friend Roy Blunt and 
with Speaker Pelosi and with President Bush and with John McCain and 
with Barak Obama and say this day of consequence, let us meet the 
challenge, let us act, let us confront this crisis, let us be the best 
of the people's House.
  Mr. HOLT. Madam Speaker, I rise in support of H.R. 3997, the 
Emergency Economic Stabilization Act.
  As we work to rescue our economy we must understand how we got to 
this point. The speculation and greed of Wall Street in recent years--
coupled with years of failures, excesses, arrogance and 
irresponsibility of the Bush Administration and some in Congress--has 
resulted in the meltdown of our Nation's financial markets. The 
subprime mortgage meltdown that started a few years ago has trickled up 
from Main Street to decimate Wall Street. The largest financial 
institutions in our nation, Bear Stearns, Lehman Brothers, AIG, have 
fallen into brink of bankruptcy.
  I am voting in favor of the Financial Rescue Legislation because it 
is a significant improvement--by including taxpayer protections and 
strong oversight--over Secretary Paulson's original $700 billion 
proposal, and because inaction could have a devastating impact on our 
already unstable economy. I still will work to ensure that Congress 
does more to rescue our economy in the long term, sensitive to the 
variety of kinds of work New Jerseyans perform from factory to 
financial district from farm to pharma. There are thousands of my 
constituents who are not traders or high powered executives but still 
work in these impacted industries. Furthermore, millions of Americans 
who have retired or are nearing retirement have seen the value of their 
pensions shrink or dwindle away. If day to day credit tightens up, 
small business may not be able to make payroll and farmers may not be 
able to get by until the harvest is sold. We need to act to ensure that 
retirement funds and pension plans are not devastated by investments 
that have lost value in a jittery market.
  President Bush and Secretary Paulson have told us that this rescue 
must be done immediately or else our fiscal house would collapse. 
Indeed we must act--but we must act wisely and thoughtfully to stand 
behind our institutions, restore confidence in our markets, and protect 
millions Americans who would be affected by a continuing meltdown.
  If the President had his way again, he would have ridden a wave of 
fear and railroaded Congress into passing Secretary Paulson's original 
three-page proposal asking for $700 billion--with no oversight--to 
bailout the financial services agencies. I would not support the 
original plan, and while I have reservations of the compromise bill 
before us today, after careful and thoughtful review I believe it is a 
significant improvement to the original Bush-Paulson plan.
  For the last 9 days the President, the leadership in both parties and 
Secretary Paulson worked to come up with a more palatable proposal. The 
over 100-page bill that this body is considering today is a far 
improvement over what we started with. I wish that we had more time to 
look at this proposal closely and determine that we are using the 
taxpayer's money wisely. If there is one thing we in this body should 
know it is that acting quickly can be worse than not acting at all. 
However it is essential that the world know that Congress will stand 
behind our institutions and avoid a financial collapse.
  There are some vast improvements over the Paulson-Bush proposal in 
H.R. 3997. This legislation includes taxpayer protections and does not 
simply hand over $700 billion to the treasury. My constituents rightly 
are concerned about what they would get for $700 billion. Instead this 
legislation would parcel out this funding in much smaller amounts so we 
can monitor the effect that it is having on the economy. It would 
release $250 billion immediately, another $100 billion if the President 
can certify the need for such an investment, and the final $350 billion 
would require the approval of Congress and the President before it 
would be available to the Treasury Department. It would give taxpayers 
a share of the assets recovered, and it is likely that we would recoup 
much of our investment. The CBO estimates that this bill would only 
truly cost $10 to $30 billion, and requires the President in 5 years to 
come up with legislation which would recoup funds lost from the 
financial industry. And it would help keep families in their homes by 
allowing the Government to work with loan servicers to change the terms 
of mortgages.
  The bill includes strong oversight and transparency, creating an 
oversight board appointed by Congress and instituting GAO oversight and 
audits at Treasury. It would include limits on excessive compensation 
for CEOs and executives. This legislation would also require the study 
of the way that our markets are regulated to make sure that this type 
of crisis does not happen again.
  This is a far from perfect bill. I have concerns about the amount of 
power that we are vesting in the Secretary of the Treasury. I believe 
that we should have included a provision requiring assets to be valued 
at their actual worth rather than just requiring a study of the flawed 
mark to market industry. This legislation should have had stricter 
restrictions on ``golden parachutes'' to ensure that CEOs do not profit 
from the Federal Government's stepping in to correct their bad 
decisions. It was my hope that we would decide to shore up the bad 
mortgages and help the American families struggling to make ends meet 
similar to the Home Owners' Loan Corporation, a Federal program that 
shored up a collapsing market in the past.
  Today's vote does not preclude us from acting further. We also must 
invest in the real economy and act to shore up the bad mortgages and 
help American families struggling to make ends meet. One approach would 
be similar to the Home Owner' Loan Corporation, a 1930s-era Federal 
program that shored up a collapsing market in the past. We also must 
reform the way the FDIC manages risk to accurately reflect the assets 
that banks hold, rather than the flawed ``mark-to-market'' requirements 
that led to this mess. Ultimately, we must change the failed philosophy 
that favored no regulation and no oversight and allowed this crisis to 
happen in the first place.
  Ms. SCHAKOWSKY. Madam Speaker, I rise to say that I will support H.R. 
3997, the Emergency Economic Stabilization Act, not happily, and not 
because I think the titans of Wall Street are deserving of our help. I 
am casting my yes vote because I am concerned about hardworking 
families in my district, the homeowners, small businesses and those who 
rely on modest pensions and investments. These are the people who knew 
well before the President or Wall Street woke up to the fact that our 
economy was in serious trouble, because they have friends and loved 
ones who have lost their jobs or house; they saw the price of gas and 
milk hit $4 a gallon, and they are struggling to afford good health 
insurance.
  Yes, we must do something and today is the day. But we must also 
recognize how we got here. This is, in fact, the predictable result of 
years of misguided policies of the Bush Administration, the misguided 
belief that regulation of the markets, any regulation, was bad. Couple 
this with a lack of enforcement of regulations that did exist, and now 
we have a financial crisis that requires government intervention.
  As a freshman member of the House Financial Services Committee, I was 
one of only 57 Members of Congress to vote against the Gramm-Leach-
Bliley Act in 1999. By deregulating the financial services industry and 
removing consumer protections, that legislation set in motion the 
crisis that we are facing today. My colleague and friend, Barney Frank, 
now the chairman of the Financial Services Committee, a true 
progressive and the chief negotiator for this bill, also voted against 
that reckless measure.
  I have consulted with many of the Nation's top economists, including 
top progressive economists, and virtually all have agreed that a 
failure to act would have devastating effects on the global economy--
including your block

[[Page 23137]]

and mine. Without quick action, employers might fail to make payroll, 
private student loans are already drying up, pensions would continue to 
lose value, and mortgages would become sparse. While I am not certain 
that this legislation will be able to fully stabilize the economic 
turmoil, I believe that we need to vote for the possibility of success 
over the certainty of failure.
  The House Democratic leadership, and especially Chairman Frank, has 
worked to make the very bad bill presented by President Bush and 
Treasury Secretary Henry Paulson better. The administration came to 
Congress with a breathtakingly arrogant plan--a mere three pages, 800 
words, which basically said give us $700 billion for a plan that is 
``non-reviewable and committed to agency discretion, and may not be 
reviewed by any court of law or any administrative agency.'' Today, we 
are offering our 110-page reply, and while it is certainly not perfect, 
I believe it is substantially improved.
  Today we are saying ``no'' to a blank check! Congress cut in half the 
Administration's automatic $700 billion, requiring Congressional review 
for future payments. We are making sure that none of the CEO's who have 
run their companies into the ground and created this mess will retire 
with a ``Golden Parachute.'' We make sure that taxpayers get a share of 
the profits of participating companies, and require the next President 
to submit a plan to ensure that taxpayers are repaid in full by Wall 
Street. We help prevent home foreclosures destroying our neighborhoods 
by allowing Government to work with loan servicers on new mortgage 
terms. Finally, we ensure tough, independent oversight and 
transparency, including judicial review of the Treasury Secretary's 
actions.
  Unfortunately, because of the need to obtain bipartisan support to 
move a bill quickly, this bill is by no means perfect. I believe that 
this legislation should have included bankruptcy protections and 
mandatory mortgage restructuring for homeowners in or at risk of 
foreclosure. I believe that we need to crack down on the lobbying 
practices and stop campaign contributions from companies which are 
clearly too irresponsible to manage themselves.
  I am extremely disappointed that, even as we address part of the 
economic crisis, we failed to enact a second economic stimulus that 
would immediately create jobs and put money in the pockets of middle 
class families and struggling State and local governments. 
Unfortunately, the plan to extend unemployment compensation, increase 
food stamp and health care funding, and create jobs by rebuilding our 
infrastructure failed in the Senate last week. This is clearly 
unfinished business.
  Today's vote represents the first step in reforming Wall Street and 
restarting our economy. For the first time in history, this Congress is 
addressing the excesses in executive compensation. This legislation 
gives the Treasury Secretary authority that could be used, if he or the 
next Secretary so choose, to significantly help low-income and working 
families. Finally, we are setting in motion the process of a 
comprehensive reform of the financial services industry.
  Wall Street better get the message that Congress will never be ready 
with a blank check to clean up the messes that they made in the first 
place. I look forward to working with the next Administration and my 
colleagues in Congress to enact sensible regulations to ensure that 
this will not happen again.
  Mr. COSTELLO. Madam Speaker, I rise today to oppose H.R. 3997, the 
Emergency Economic Stabilization Act. While I realize this bill is a 
product of intense and lengthy negotiations between Congress and the 
Bush administration and between Democrats and Republicans--and I 
greatly appreciate the efforts of Speaker Pelosi, Leader Hoyer and 
Chairman Frank--I remain unconvinced that this bill will solve the 
problems we face on Wall Street.
  This bill is an unprecedented $700 billion bailout of the financial 
industry on the backs of the American taxpayer. I oppose this bill 
because I am not convinced that it is imperative we act right now; I 
believe we are moving too quickly to rush this proposal through and 
have not adequately considered other approaches to solving the problem 
of bad debt and tight credit. Numerous economists have expressed that 
this proposal might actually make the problem worse. We should take 
more time to consider alternatives, as the deadline we are up against 
today has been set solely by the Bush administration.
  American taxpayers are being told by the President that they must 
rescue Wall Street, despite the fact that the Bush administration and 
Wall Street have opposed Government oversight in the financial industry 
for years. I believe the financial industry should help pay for any 
program to heal the economy. $700 billion is too much to ask taxpayers 
to bear without a requisite sacrifice from the industry that bears much 
of the responsibility for bringing us to this point.
  Madam Speaker, this is a historic vote, and we should be taking more 
time to ensure we have considered all options. I am not convinced that 
this is the best way to proceed, so I must, and will, vote no.
  Mr. UDALL of Colorado. Madam Speaker, for eight years, the Bush 
administration and its allies in Congress have allowed Wall Street to 
gamble with America's economy, and the results have been devastating 
for Main Street. The Administration consistently ignored the experts 
and failed to adequately oversee America's financial markets. 
Administration officials were warned that Wall Street's risky 
investments, combined with the mortgage industry's irresponsible 
practices, could produce a perfect storm that would threaten Americans' 
homes, jobs and life savings. Yet they did nothing.
  When Wall Street's dangerous behavior began to undermine America's 
economy, the Bush Administration proposed a bailout that would have 
given the Treasury unprecedented power to spend taxpayer money without 
adequate oversight or an actual plan for fixing the systemic problems 
that led America to this crisis. At the time, I spoke out against the 
Bush bailout and called for a better proposal, one that would protect 
taxpayers, help homeowners and benefit Main Street, not just Wall 
Street. More importantly, I demanded that any plan to shore up 
America's financial markets include reasonable rules to ensure that 
Wall Street does not continue to gamble with our future.
  We could have, and we should have, taken the time to do this right. 
Four hundred of the country's top economists, including three Nobel 
laureates, asked Congress to take more time to improve this proposal. 
With a proposal this far-reaching and complex, we had a responsibility 
to produce the best possible piece of legislation. The bill we are 
voting on today falls short. Instead of reforming Wall Street, we are 
using taxpayer dollars to insulate financial firms from the 
consequences of their own actions. The American taxpayer is on the hook 
for $700 billion to cover Wall Street's mistakes, and that is not 
right. Even worse, Wall Street is not being forced to change its 
behavior. This can only encourage more irresponsibility.
  At the same time, the provisions that limit executive compensation in 
this bill are weak, meaning that corporate executives who ran their 
companies into the ground could still walk away with millions in 
taxpayer-funded compensation in the forms of golden parachutes or other 
lavish benefits packages. Again, this sends exactly the wrong message 
to Wall Street. This legislation may still use taxpayer dollars to 
reward executives who have failed their companies and subsequently hurt 
the American economy.
  In addition, at a time when America's middle class is severely 
stretched to make ends meet, this $700 billion bailout not only seeks 
to rescue our taxpayer dollars to bail out foreign comapnies. We must 
protect American taxpayers before we seek to rescue foreign companies 
while their governments do nothing.
  Finally, this legislation does too little to help responsible 
homeowners. As a result, tens of thousands of families could lose their 
homes. More importantly, families who had nothing to do with failed 
mortgages could lose billions in assets as foreclosures continue to 
drive down property values.
  I believe strongly that Washington must act to protect Main Street 
from the crisis on Wall Street. I supported an economic stimulus plan 
that puts working families before corporate CEOs by creating jobs, 
protecting children's access to healthcare and ensuring that struggling 
families do not go hungry. I have consistently supported strong action 
to protect middle class New Mexicans. But I could not vote to give Wall 
Street $700 billion of taxpayer money without solving the underlying 
problems with our economy.
  I will continue working with my colleagues to reform America's 
financial markets, so Wall Street is not allowed to make the same 
mistakes over and over again. I will also continue fighting to support 
middle class New Mexico families that find themselves struggling in an 
economy devastated by the irresponsible acts of others. They are the 
true victims of the Bush administration's malign neglect of our 
economy. We must do what's right for them.
  Ms. KILPATRICK. Madam Speaker, as we prepare to vote on one of the 
most important pieces of legislation in history, I rise in opposition 
to the Troubled Asset Relief Program, TARP. While I have nothing but 
respect, admiration and trust in Speaker Pelosi and House Financial 
Services Committee Chairman Barney Frank, this legislation, which was 
forced upon Congress by the Bush administration,

[[Page 23138]]

provides no judicial review of individual home mortgages for my senior 
citizens, single parents and working families; is opposed by over 400 
of our Nation's top economists and three Nobel laureates; does not 
adequately protect the American taxpayer; was not considered under 
regular order and does nothing to stimulate our stagnant economy.
  The state of Michigan is one of the states hardest hit by home 
foreclosures, unemployment, and the loss of jobs. For poor people and 
low income people and many ethnic minorities, the Court is the option 
of last resort when you are on the brink of losing your home. As 
Chairwoman of the Congressional Black Caucus, I sent a letter to 
Speaker Pelosi requesting that such language--that would allow a 
citizen under the threat of foreclosure--to go to court to have a non-
partisan, objective judge review their financial circumstances and, if 
warranted, lower the principal of the mortgage. Under this legislation, 
judges do not have that option. Instead, this discretion is left up to 
the Secretary of the Treasury. While we are busy bailing out the 
financial markets, this bill does little for the folks on Main Street. 
This bill does not bailout my senior citizens who are behind on their 
mortgage. This bill does not help my working single parents who are 
facing foreclosure. This bill does not work for the majority of the 
people in the State of Michigan, who are staring down the barrel of 
losing their largest asset--their home.
  Over 400 of our Nation's top economists, including three Nobel 
laureates in economics, oppose this bill. The Washington Post reported 
on September 26, 2008, that over 200 economists ``have signed a 
petition organized by a University of Chicago professor objecting to 
the plan on the grounds that it could create perverse incentives, that 
it is too vague and that its long-run effects are unclear.'' While 
their reasons are many, Dean Baker of the Center on Economic and Policy 
Research, one of these economists, says that ``suppose the Paulson plan 
goes through. It is virtually certain that the economy will weaken 
further and the number of foreclosures and people without jobs will 
continue to rise. This is the fallout from a collapsing housing bubble 
. . . this bailout will make further stimulus much more difficult to 
sell.''
  The Treasury Department admits that it has absolutely no factual 
basis for asking for $700 billion. We have asked the hard, tough and 
important questions of the Secretary and this administration, only to 
come up short.
  This bill was not considered under Congress's regular order of 
conducting informational hearings from all sides, a mark-up of the bill 
in subcommittee bill in subcommittee and full committee, and finally, a 
floor vote. When we do not exercise the rules of this institution, we 
debase the rules, the regulations, and the standards we have to conduct 
the people's business. This deliberate process allows everyone to 
support, oppose, and amend legislation--an opportunity we did not have 
during this process. I have recommended that Congress establish a 
select committee, made up of the Chairmen and Ranking Minority Members 
of the Committees with jurisdiction, including the administration, to 
arrive at legislation that addresses the problem of illiquidity of 
credit markets, insolvency of businesses, and the hardship of 
foreclosures. This Committee would meet for three weeks, or a time 
certain, and would guarantee that as representatives of the American 
people, we have done our job.
  This bill does not adequately protect the American taxpayer. As an 
Appropriator, I am designated as the protector of the people's purse. 
While the administration does not have $35 billion to spend on the 
health care for the children of families of working women and men; 
while the administration does not have the money to provide for Low 
Income Home Energy Assistance Program to help my seniors, low- and 
middle-income families pay for their lights, gas and oil heat; while 
the administration does not have the money to extend unemployment 
benefits; while the administration does not have the money for a summer 
jobs program for teens, adults and senior citizens; while the 
administration has $10 billion per month and one trillion dollars to 
spend on wars in Iraq and Afghanistan; when the Administration argues 
over $22 billion--less than 1 percent of the overall budget--on 
virtually every issue before the Appropriations--Committee, we do not 
have the money. However, we have $700 billion--and believe me, it will 
soon be $1 trillion--to bail out Wall Street. Something is wrong with 
this analysis, America.
  We are being asked, once again, to ``trust'' the administration, when 
time is supposedly running out, and if nothing is done, the worse will 
befall all of us. Regrettably, as a Congress, we have been in this 
position before. Under duress, we were supposed to trust the 
administration that these tax cuts were going to save America. Under 
duress, we were told that if a bill that authorized wiretapping of law 
abiding, American taxpayers was needed as terrorists were at our door 
steps. Under duress, we were told that America was imminently under 
threat from Iraq. Now, again, at the last minute, we are being asked, 
under duress, to trust one trillion dollars to a Treasury Secretary who 
is out of office in less than three months?
  Must we do something? Of course. There is a better way. We must 
ensure on regular order for this bill. We can use fewer American tax 
payer dollars--who did not get us into this problem in the first 
place--to ensure the stability of our financial markets. There are 
clearly better and safer alternatives. I am not an economics expert, 
but I do know that as the steward of the people's purse, I have a 
higher standard to which I am held accountable.
  Mrs. CAPPS. Madam Speaker, I rise in very reluctant support of this 
bipartisan effort to address our nation's economic crisis.
  I do so because the very core of our American economy is at risk and 
we must act now in order to prevent its collapse. This is the diagnosis 
presented to us by Treasury Secretary Paulson, Federal Reserve Chairman 
Bernanke and countless economists. In my own survey of the finance and 
banking world, I have heard the same analysis of our current 
predicament and the need for Congress to act quickly.
  What we face here is an economic meltdown brought on by a housing 
bubble, fueled in part by the subprime mortgage scandals, and made 
possible by the lack of regulatory oversight by the Bush 
Administration. Wall Street now sits on billions of dollars of 
mortgages it cannot price and it cannot sell. The response to this 
uncertainty has been a near freeze of credit markets, increasing 
unemployment and a slowing of our economy. Already, car, home, student 
and business loans are drying up across the economy and should this 
continue--or get worse--the markets would likely drop precipitously and 
the economy would come to a standstill or worse.
  Obviously, my concern is not with the effect on large financial 
institutions. They got themselves into this mess and if we could just 
turn our head while they failed that would be fine with me. My concern 
is how this economic calamity would affect ordinary Americans. And here 
the prediction is truly dire.
  If the Secretary is correct, lending would come to a near halt. That 
means it would be much, much more difficult--and expensive--to obtain 
loans to buy a car, a home or to run a business. Small, medium and 
large businesses alike would begin layoffs because the ability to 
obtain a loan is such a critical part of running a business today, much 
less growing a business. We have already seen over job losses of over 
600,000 people in the U.S. this year. The unemployment rate in 
California has increased to 7.7 percent, the highest in over 12 years 
and up from 5.5 percent only 12 months ago.
  Foreclosures would continue unabated. So far this year, over half a 
million foreclosures have been filed in California, and the state is on 
pace to see more than 841,000 foreclosure filings this year. Eight of 
the 10 metropolitan areas with the highest foreclosure rates in the 
nation are in California. As bad as those foreclosures are for the 
people losing their homes, they also contribute to the downward 
pressure on home values for other properties in the neighborhood, 
hurting homeowners who are totally innocent in all this.
  In addition, more innocent and hardworking Americans could see their 
life savings sapped, as IRAs and 401Ks lose value in a plummeting stock 
market. And increased unemployment also means lower tax revenues and 
greater calls for government assistance, resulting in even more 
exploding federal deficits.
  In short, we could be facing a huge recession if we're lucky, a 
depression if we aren't. This is what our economic leaders tell us is 
the future we face if we don't act now.
  I share my constituents' disgust with this situation. The idea that 
hardworking taxpayers have to put their money at risk to stabilize the 
economy because of the bad choices, nefarious actions and utter 
incompetence of Wall Street, its regulators and the Bush Administration 
is nauseating. But, if Secretary Paulson and the others are correct, 
the alternative is much worse and a serious threat to every single 
American.
  Madame Speaker, the proposal originally offered by President Bush to 
address this crisis was completely unacceptable. True to form, the 
President simply asked the Congress to provide him with a blank check, 
no questions asked.
  The Administration wanted no oversight--by Congress, the courts or 
anyone--of how it would spend the money it asked for. It rejected calls 
to limit CEO pay in companies that

[[Page 23139]]

would be bailed out by taxpayers. It refused to help the growing number 
of Americans facing foreclosure and the millions of Americans whose 
housing values affected by those foreclosures. And it failed to ensure 
taxpayers would benefit as much as the Wall Street firms getting this 
federal assistance.
  The legislation before us today is very much the President's product. 
But Democrats have made critical improvements. Most importantly, the 
bill contains mechanisms to ensure taxpayers get their money back by 
requiring taxpayer ownership stakes in companies that benefit from this 
rescue plan, so if the companies return to profitability then taxpayers 
prosper as well. And it sets up insurance collections measures and a 
potential new tax on the financial services industry after 5 years if 
repayment of taxpayer rescue funds hasn't occurred.
  We limit the compensation of top corporate executives whose companies 
benefit from taxpayer assistance, put a halt to ``golden parachutes,'' 
and require repayment of bonuses based on company profits that may 
vanish at a later date. We establish an oversight board and a special 
inspector general to oversee Secretary Paulson's actions, and require 
the details of his actions to be posted on the Internet.
  The bill also should help small business and families that need 
credit by aiding smaller banks hurt by the mortgage crisis, expanding 
eligibility for mortgage refinancing help and encouraging loan 
servicers to make problem loans more affordable. While these steps are 
helpful to homeowners potentially facing foreclosure, they are critical 
to innocent families whose home values are plummeting from record 
foreclosure rates and abandoned, foreclosed properties in their 
neighborhoods.
  Finally, while the immediate need is to stabilize the markets and get 
our economy back on track, we begin the process of reestablishing 
common sense regulation protecting consumers and encouraging stability 
in our markets. Much of this current mess arises from the governing 
choices of President Bush and his party, especially their undying faith 
in deregulation and a systematic policy to dismantle vital consumer 
protections. That has to be reversed. On President Bush's watch we have 
seen widening income inequality, anemic job creation, skyrocketing 
energy prices, record federal budget deficits and now a potential 
historic financial meltdown. This record of failure is clear and we 
have to turn a page on it.
  Madam Speaker, this is not an easy vote to cast, but it is necessary 
for the future stability of our economy and the lives of everyday 
Americans.
  Mr. MAHONEY of Florida. Madam Speaker, 11 days ago, the Bush 
administration came to Congress with a $700 billion emergency ``handout 
plan'' for its friends on Wall Street. The Bush plan had zero 
accountability and allowed Wall Street executives to push their bad 
investments and losses on to American taxpayers. Then, after the 
American people cleaned up the mess and we righted the ship, the Bush 
plan would allow these same Wall Street executives to once again make 
obscene incomes and bonuses. A return to business as usual.
  Madam Speaker, the good news today is that the bipartisan legislation 
negotiated with the Bush Administration coming before Congress holds 
Wall Street accountable. It provides for independent oversight and 
transparency. It protects taxpayers by requiring the Administration to 
report back on the program's progress and allows for corrections to be 
made if the program does not work. It eliminates excessive executive 
compensation and ensures that every tax dollar spent to purchase 
illiquid assets is an equity investment that gives taxpayers an upside. 
Once we are through this crisis, the legislation ensures that any 
taxpayer losses are repaid by the industry.
  The events over the past weeks have shown that Main Street has 
rightfully lost confidence in Wall Street because this Administration 
has eliminated safeguards and turned regulatory oversight over to the 
industry. I want Americans to know that this legislation is not a 
silver bullet, and that by itself will not fix the economy. We still 
have tough times ahead. I can tell you as an entrepreneur and 
businessman for almost thirty years that our economy is on the brink 
and inaction is not an option. A vote for this legislation is a vote to 
protect every American's investment in their homes, their savings, and 
their businesses. I call on all my colleagues to support this bill.
  Mr. STEARNS. Madam Speaker, I rise today to address the historic vote 
we are holding on the largest government bailout in our Nation's 
history.
  I do want to applaud the legislation we have on the floor, because it 
is much improved from the 2\1/2\-page document put forth by Secretary 
Paulson. However, while I commend my colleagues on their bipartisan 
efforts to improve the bill and insure better protections for American 
taxpayers, I still have strong reservations.
  Our Nation faces a growing financial crisis that deserves strong 
Federal intervention, and I had hoped to support a proposal to shore up 
our Nation's financial markets while protecting taxpayers. However, I 
believe this legislation takes the wrong course in supporting troubled 
financial institutions while simultaneously exposing taxpayers to 
excessive risk.
  To begin, this bill comes with a $700 billion price tag which will be 
paid for by the American people. Billions of taxpayer dollars are going 
to benefit an indiscriminate number of private financial institutions 
that utilized reckless investment strategies.
  Even more troubling than the cost of this bailout is a provision that 
allows foreign banks to participate in the Treasury's purchase plan. 
Under this bill, a foreign bank, such as the Bank of China, could sell 
a portfolio of toxic assets to a U.S.-headquartered investment bank and 
then that bank could sell those same assets to the Treasury Department.
  Unfortunately, this bill deals exclusively with the asset side of 
these troubled institutions and does not address the key issue of 
liability. Furthermore, it is very possible that we will still face the 
risk of a run on our banks.
  Having gone through the Savings and Loan crisis as a freshman Member 
of Congress in the 1980s, I can better understand ways we can address 
this financial crisis. In putting forward $700 billion in public funds, 
I would like to see Congress pursue a more deliberative process in 
identifying the ills affecting our financial markets. We need to hold 
hearings and call in the best financial and economic experts in the 
Nation and take a careful look at our alternatives. One plan I 
recommended was providing low-interest loans to these institutions 
combined with giving warrants to taxpayers so that they too can gain 
from any future upside. Furthermore, we should expand the FDIC to cover 
all transaction accounts and put in place an oversight board that is 
separate from the Congress and the administration.
  It is troubling that under this bill the Treasury will be ceded vast 
powers. Secretary Paulson and successors will decide how $700 billion 
in taxpayer dollars will be spent, and may buy not only mortgages and 
mortgage-backed securities, but also any other financial instrument he 
deems necessary.
  And while the bill does set up an oversight board, Mr. Paulson would 
be one of the five members of the Board monitoring his own actions. 
Thus, if Mr. Paulson wishes to use his authority to buy financial 
assets not linked to mortgages, he can do so after consulting with the 
Fed Chairman, but he does not need his approval or the approval of the 
Oversight Board. Granting a single person this much power over our 
financial future is not acceptable in a democracy.
  The bill also gives the SEC Chairman the ability to suspend the 
accounting rules that require banks to report on the market value of 
their assets if he believes it is in the best interest of the public. 
The bill also allows the Government to purchase troubled assets from 
pension plans and local governments and small banks that serve low and 
middle-income families. This expands the intended scope of the bill to 
allow the government to buy the toxic debt of States, cities and 
municipalities in places like Detroit and Chicago. This begs the 
question--who is going to make the basic decision on what cities, 
States and municipalities are going to be rescued?
  However, the heart of the problem of the bill we are considering 
today is that the Government should not be deciding the winners and the 
losers. The investors who made mistakes should be held responsible, and 
those who navigated the Federal distorted market should be rewarded for 
their wisdom and prudence.
  If we, as Americans, believe in the viability of the free market 
system, we should allow it to work by not perpetuating a continuing 
bailout strategy that places immense risk on the shoulders of American 
taxpayers.
  Mr. LANGEVIN. Madam Speaker, we're here today with the unenviable 
task of considering H.R. 3997, the Emergency Economic Stabilization 
Act. During this difficult economic crisis, I am proud of this Congress 
for coming together at a critical moment to reach a bipartisan 
compromise to rescue our financial markets and, indeed, our entire 
economy. However, no one is celebrating today about the tough decisions 
that had to be made.
  Over the last week hundreds of Rhode Islanders have contacted my 
office expressing serious concerns about the proposal and a firm belief 
that the taxpayers' needs must be a priority. I share their anger and 
frustration that for far too long, many on Wall Street were given carte 
blanche to make increasingly risky investments--investments which, in 
some

[[Page 23140]]

cases, the firms themselves didn't even fully understand. There is 
plenty of blame to go around, from Wall Street to government regulators 
to Congress. Unfortunately, the actions of these firms do not take 
place in a bubble: they are inextricably linked to the everyday 
transactions of everyday American families. Our economy is in dire 
shape and drastic action is needed. If we do not act now, a domino 
effect could easily trigger major job losses and a significant period 
of economic downturn with negative consequences not just on Wall 
Street, but on every street in our country.
  This crisis originated with faulty lending practices and the creation 
of subprime mortgages made to people who often could not afford to pay 
them back. These subprime mortgages were then pooled together into 
packages that were transformed into highly rated securities purchased 
around the world. The eventual collapse of the subprime mortgage market 
then infected the prime mortgage market, which in turn poisoned the 
entire financial system. In response, Treasury Secretary Hank Paulson 
proposed a plan under which the Federal Government would buy--at a deep 
discount--so-called ``toxic'' assets, which currently no one is willing 
to buy. These assets include home mortgages which have been bundled 
into such complex packages that there is great uncertainty about their 
underlying value. Secretary Paulson considers these purchases to be 
investments by the Federal Government, which could return a substantial 
proportion of their value to American taxpayers once the market has 
settled down.
  I recognize the urgency of the situation and understand that 
Secretary Paulson and all responsible government leaders are trying to 
ward off even worse outcomes. This year, we have seen the fall of some 
of the largest investment banks in the world--Bear Stearns, Lehman 
Brothers, and Merrill Lynch--and the last two standing--Morgan Stanley 
and Goldman Sachs--last week chose to be switched over to commercial 
banks, seeking greater protection at the price of greater regulation. 
Meanwhile, the Federal Government loaned $85 billion to American 
Insurance Group, Inc. (AIG), the 18th largest company in the world, 
when it was unable to access credit for its daily operations. On 
September 26, we also saw the biggest bank failure of our country's 
history when Washington Mutual collapsed. Just this morning, Wachovia 
was bought out by another bank. Even Bank of America recently decided 
it would no longer extend new lines of credit to McDonald's 
franchisees, which have been turning a profit for years and run a clean 
balance sheet.
  When the credit market seizes up at the highest levels, it is not 
just a problem for Wall Street. It quickly impacts all of us, making it 
harder for average families to secure car loans, home loans or mortgage 
refinancing. It means that small business owners can't access the quick 
capital they need to make payroll or invest in their companies. It 
impacts the student loan market, where more than 50 firms have 
abandoned or cut back their student loan programs. And it threatens the 
pensions and savings that our retirees are counting on. While no one 
wanted to be in this position, I do believe that passing this rescue 
plan is essential for Rhode Island families.
  However, I have been vocal about my own concerns with the 
administration's original proposal, and I have outlined priorities that 
must be included in any bill I would be able to support. I am pleased 
that the legislation before us today is a vast improvement over the 
initial plan Secretary Paulson presented 10 days ago, and it contains 
significant protections for families across the country who had nothing 
to do with creating this crisis but are feeling its effects in many 
ways. First, this bill protects taxpayers by requiring strong 
congressional oversight over expenditures under the plan; giving 
taxpayers a share of profits in participating companies; and requiring 
a President to ensure taxpayers are repaid in full, with Wall Street 
making up any difference. Furthermore, we have ensured that CEOs do not 
benefit from risky behavior by severely limiting executive compensation 
and ``golden parachute'' packages for any firms that take advantage of 
the Government assistance. Finally, the bill requires the Government to 
implement a plan to reduce foreclosures as it buys troubled financial 
assets like mortgage backed securities.
  At its core, H.R. 3997 authorizes $700 billion for the Treasury 
Department to buy distressed mortgage-backed securities, expiring on 
December 31, 2009. Of that total, $250 billion would be for immediate 
release, with another $100 billion upon a Presidential certification of 
need. The final $350 billion could be made available if the President 
transmits a written report to Congress requesting the funds, and 
Congress would have the right to disapprove this last installment. 
Spending authority would be overseen by a new Financial Stability 
Oversight Board, which will review the Treasury Department's actions 
and its effects on the financial markets and the housing market, and by 
a special inspector general office to conduct and supervise audits and 
investigations of the actions taken under this bill. Treasury must also 
report to Congress 60 days after it begins using this authority, and 
every 30 days thereafter.
  Furthermore, H.R. 3997 establishes a joint congressional oversight 
panel to review the current state of the financial markets and the 
regulatory system. This panel will submit a report on the current 
regulatory system and its effectiveness at overseeing the participants 
in the financial system and protecting consumers. This provision is 
critical, since going forward, we must ensure that our financial sector 
is no longer allowed to put ordinary Americans in danger by pursuing 
high-risk behavior with little to no oversight. We must investigate 
companies that took advantage of lenient regulation or possibly acted 
outside of Federal regulations entirely. And we must learn from our 
mistakes, establishing new regulations and ensuring the laws already on 
the books are enforced.
  Madam Speaker, let me assure my colleagues and my constituents that 
if I thought the bill before us today was nothing more than a hand-out 
to high-flying Wall Street investors who suddenly found themselves in 
trouble and decided they didn't like losing money, I would be the first 
in line to cast a no vote. Unfortunately, this problem is much bigger 
and much less selective about who it might hurt. We need to take 
action, and we need to do it now. This legislation represents a good, 
bipartisan solution to a situation none of us wanted to find ourselves 
in. I want to thank Speaker Pelosi, Chairman Frank and many other 
colleagues for their tireless work on this bill. I encourage all my 
colleagues to vote for this bill.
  Mrs. McCARTHY of New York. Madam Speaker, my number one concern as we 
debate the Emergency Economic Stabilization Act of 2008 is my 
constituents and how the instability and lack of confidence in our 
financial markets is going to affect them.
  I am concerned that if we do not act soon we will find ourselves in a 
recession, the effects of which will be felt for many years to come.
  In my district on Long Island, New York, we have already felt the 
effects of the foreclosure crisis. A large number of foreclosures in my 
district have already resulted in a decrease in home values for 
families and property tax revenue for Municipalities.
  Now, my constituents are beginning to see the effects of the current 
economic crisis.
  Small businesses in my district are seeing a decrease in activity. 
After seeing a decrease in the value of their 401k's, individuals who 
were thinking of retiring in the next year are having to reconsider 
that decision. Families preparing to send a child to college are 
finding it more difficult to obtain a loan.
  All these things have consequences: Small- and medium-sized business 
owners may have to lay off workers or shut down; those planning for 
retirement may not be able to do so; and parents may have to tell their 
children that college just isn't an option.
  If we do not act, this will only be the beginning. As unemployment 
rises, more people are unable to spend money on items large and small 
and the downward spiral begins. As banks make it difficult to obtain a 
loan for a house or car those industries begin to decline and the 
downward spiral continues.
  This will all occur at the same time that families are being required 
to spend more money on gas and facing another cold winter with almost 
double the home heating costs compared to last year.
  The causes of the problem are complicated but easy to identify. The 
proponents of deregulation have been able to slowly peal away 
requirements that would have kept companies like Bear Stearns from 
being too big to fail. Additionally, what little regulations we have 
been able to save from opponents of regulations were not properly 
enforced by an Administration who thought that the markets would 
regulate themselves.
  It is unfortunate that the actions on Wall Street are going to affect 
Merrick Road and Hempstead Turnpike. But this is the reality of the 
situation we are faced with today. Merrick Road and Hempstead Turnpike 
are why I am going to vote for this bill today.
  I am pleased that we have been able to come up with a compromise 
package that strikes a fair balance and can potentially offer the 
relief we need to restore confidence in the markets to ensure economic 
stability for the families in my district.
  We will first reinvest in our troubled financial markets. Stabilizing 
our economy will insulate our communities from the mistakes and bad 
decisions of Wall Street. The Secretary of the Treasury will be allowed 
to invest $350 billion

[[Page 23141]]

and potentially up to $700 billion in troubled assets held by financial 
institutions that are currently unwilling to extend lines of credit to 
each other or to small businesses.
  The Secretary will buy up the securities that no one wants and that 
have almost no short-term value. This does not mean that they do not 
have any value. In fact, many of these securities have substantial 
long-term value and the U.S. taxpayer will realize this value over 
time.
  We will then reimburse the taxpayer for this reinvestment. We have 
required that the Secretary take an interest on behalf of the taxpayer 
in any financial institution that sells troubled assets to the U.S. 
This will allow the taxpayer to be reimbursed for reinvesting in Wall 
Street.
  If full reimbursement is not realized at the end of five years, the 
President is required to submit a plan to Congress to recoup any losses 
to the taxpayer.
  In order to ensure that this program works for the American people, 
provisions requiring strong independent oversight and transparency have 
been included. Within 48-hours the Secretary is required to post 
details of every transaction. There will be periodic reports on 
everything from whether taxpayer dollars are used effectively to 
whether conflicts of interests are managed properly. Every $50 billion 
investment by the Secretary must be followed by a report justifying all 
transactions and the pricing of each purchase.
  We will also reform how business is done on Wall Street.
  Golden parachutes for executives are prohibited, compensation that 
encourages unnecessary risk-taking putting shareholders investment at 
risk is limited and bonuses can be recovered that are paid to 
executives who promise gains based on false and inaccurate information.
  In evaluating transactions, the Secretary must protect the taxpayer 
and encourage the modification of home loans at-risk of foreclosure. As 
the one holding these mortgage-backed securities, we will have put the 
Secretary in a position to work with servicers to ensure that those who 
can afford their homes are able to modify their mortgages in order to 
stay in their homes.
  At the end of the day, this compromise will ensure unemployment does 
not increase, families will be able to access lines of credit to make 
purchases, small businesses are able to make payroll, and 
municipalities are able to continue providing the services our 
communities rely on.
  I will vote in favor of this compromise so that the families in my 
district who are already struggling under high gas prices and property 
taxes and facing high home heating prices will not be further burdened 
by the mistakes of Wall Street.
  Mr. CONYERS. Madam Speaker, I rise in opposition to the Emergency 
Economic Stabilization Act of 2008. As an elected official tasked with 
the tremendous responsibility of protecting the taxpayers' interests 
and money, I cannot in good conscience support this fundamentally 
flawed legislation before us today.
  As Chairman of the House Judiciary Committee, I am often required to 
engage in oversight of the enforcement of our nation's antitrust laws, 
the statutes which ensure the competitive balance of our free market 
economy. One of the important things I have learned during my tenure is 
that the free market serves America best when it keeps prices low for 
the people on Main Street and doesn't cater to the titans of Wall 
Street. The only way this properly functioning market can be realized, 
is when no corporation or bank is allowed to become too big or too 
powerful to fail. Otherwise, corporations grow too bold, and begin to 
take more risks than a prudent business afraid of bankruptcy should.
  For the last 8 years, President Bush has governed from the 
intersection of Pennsylvania Avenue and Wall Street; leaving Main 
Street behind. Desperately needed priorities like children's health 
insurance and heating fuel for the poor have gone unfulfilled, while 
the top one tenth of one percent have benefited from dramatic cuts to 
the capital gains and income taxes. During this same time, President 
Bush's Justice Department sat by as the financial juggernauts grew 
larger and larger and their financial wheeling and dealing grew more 
and more reckless.
  Now, President Bush has proposed a $700 billion dollar bailout of 
Wall Street. And why is the Congress held hostage? Because financial 
institutions and investment banks are too big to be allowed to fail. 
Unless the American tax payer foots the bill for Wall Street's risky 
behavior, credit will freeze, investment will cease, and the economy 
will crash and burn.
  Or so the President's former Goldman Sachs executive, Treasury 
Secretary Paulson, would have us believe. I am not sure, considering 
the source here.
  True, buying the worthless mortgage backed securities from these 
firms and banks would likely improve their ability to lend. I'm sure 
it's just a coincidence that this approach also magically turns 
institutions on the verge of collapse back into profitable business 
ventures.
  If injecting credit into our financial industry is the solution to 
the current supposed credit squeeze, why hasn't this body been given 
the option to vote for other proposals, like giving tax payers a no-
risk equity stake in the bailout recipients or supporting the direct 
injection of capitol into the financial industry, as we did during the 
Savings and Loan crisis of the 1980s? The likely reason is because Wall 
Street would have to give up a piece of its wealth; something this 
crony-capitalist Administration is loathe to do.
  Although the President's radical proposal has gradually been improved 
over the last week by the Leadership, the fundamental structure and 
capital delivery method remains flawed. No number of federal loan 
modifications or oversight boards will alter that.
  People all over the country are up in arms over this bailout, not 
because it's not necessary, but because it is just more of the same. 
The American people can't take another transfer of wealth from the 
working class to the upper crust. I encourage my colleagues to vote 
today to scrap this deal so that we can put together a real plan that 
addresses the credit crunch by directly injecting capital into the 
markets, updating our outdated regulatory structure, helping people who 
are struggling to stay in their homes, legitimately providing for the 
recoupment of taxpayer dollars, and restoring the competitive balance 
of the free market by ensuring that no firm is too big to fail.
  Mr. WAXMAN. Madam Speaker, I rise today in reluctant support of H.R. 
3997, the Emergency Economic Stabilization Act.
  This is an easy bill to vote against. It was presented to us by a 
Republican President and Republican Administration so blinded by their 
ideology of deregulation that it kept them from preventing this crisis. 
This is a Republican bill which must pass with bipartisan votes. Many 
Democrats don't like it. Many Republicans are choking on it.
  But for now, it would be irresponsible to do nothing and I will vote 
for this bill.
  Our economy has been imperiled by a combination of runaway greed on 
Wall Street and stunning indifference to oversight and regulation from 
Washington. It is fundamentally unfair that the taxpayers are being 
asked to pay $700 billion to bail out Wall Street, while the executives 
who made the reckless investments can walk away with millions. Yet that 
is what the Administration asked us to do.
  Because of the masterful work of Chairman Barney Frank and others, 
this bill is much improved. Some of the worst elements of the 
Administration's plan have been modified. But at its core, what we are 
voting on is the Bush bailout plan.
  In essence, the Administration has forced us to choose between 
adopting their plan or doing nothing. This is a Hobson's choice.
  I would have preferred that we take a different approach. Nobel Prize 
economists have recommended alternative approaches. A broad range of 
economists have urged the Administration and Congress to take more time 
and to consider alternatives that would put less burden on the 
taxpayers.
  But the Bush Administration has been adamant that Congress adopt its 
approach. They have steadfastly resisted considering other options to 
protect the taxpayer.
  I have reluctantly decided to vote for the plan, but I do so only 
because the alternative of doing nothing is worse. Even the economists 
who question the structure and effectiveness of the Administration's 
proposal say that doing nothing would imperil our economy. That is a 
risk we should not take.
  We urgently need to enact comprehensive reform of our financial 
markets. That is why the Oversight Committee will be conducting a 
series of hearings starting next week to examine what went wrong and 
who should be held accountable. These hearings will help provide all 
members with a roadmap to the reforms we will need to place into law 
under the next Administration.
  I want to comment specifically on the provisions in the bill which 
ensure that the Government Accountability Office will have adequate 
access to documents and persons involved in the Troubled Asset Relief 
Program. As the chair of the committee with jurisdiction over GAO, I 
was involved in writing this important language.
  GAO oversight is a critical component in ensuring the $700 billion is 
spent wisely and responsibly. To do its important job, GAO will need 
broad access to information. The legislative language reflects this by 
providing GAO with access to ``any information, data, schedules, books, 
accounts, financial records, reports, files, electronic communication, 
or other

[[Page 23142]]

papers, things, or property belonging to or in use by the TARP, or any 
vehicles established by the Secretary under this Act, and to the 
officers, directors, employees, independent public accountants, 
financial advisors, and other agents and representatives of the TARP . 
. . or any such vehicle at such reasonable time as the Comptroller may 
request.''
  This right of access covers both papers and people. GAO has a right 
to review any documents and communications that relate to the financial 
rescue program, regardless of whether they are federal records or the 
records of contractors hired to help run the program. Equally 
important, the language gives GAO the right to interview the federal 
officials and the private accountants, advisors, and others who are 
involved in administering the program. The transactions envisioned by 
the Act are going to be complex by their very nature. To understand 
these complex transactions, GAO will need direct access to the 
individuals most knowledgeable about the program, and this legislation 
gives them this right.
  The legislation provides that GAO's access is provided ``to the 
extent otherwise consistent with law.'' This phrase ensures that where 
the rights of access provided by this legislation overlap with existing 
rights of access, they should be applied consistently. A good example 
involves GAO's right to enforce its right of access to federal records. 
Another provision of law, 31 U.S.C. 716, spells out in detail the steps 
GAO must take to enforce its right to documents. In the event of a 
conflict with the Treasury Department over access to documents, GAO 
should use its existing authority under section 716 to enforce its 
right of access.
  In some important respects, the GAO language in this bill goes beyond 
existing law. For example, it gives GAO rights to interview federal 
officials that GAO does not have under other laws. These new rights are 
being extended to GAO because of the importance of GAO oversight to the 
success of this unprecedented intervention in the markets.
  This is not an easy vote for any member, and it is not an easy vote 
for me. But in the end, we cannot let our anger at the excesses on Wall 
Street lead us to reject a bill that could avoid a calamity for Main 
Street. That is why I am going to support this legislation.
  Mr. HUNTER. Madam Speaker, as we move to vote on the ``bailout'' of 
weakened institutions in the U.S. and abroad, it is appropriate to 
address the emerging question: Where does the U.S. go from here? Most 
instructive is the fact that the nations which appear to be cash-rich 
in the financial crisis are those which have strong manufacturing based 
economies . . . China and Japan. China presently holds $502 billion of 
American debt followed by Japan which tops the list of American 
creditors with $592 billion in U.S. debt. Following the bailout and the 
sale of toxic assets to U.S. taxpayers, China and Japan will have 
additional cash, some of which can be loaned back to the U.S. to pay 
for the bailout.
  A few years ago, an American manufacturer seeking a loan package from 
a major Wall Street firm recalled the threshold condition, ``before we 
talk about your loan package, you must tell us when, not if, you are 
moving your production facility to China.'' This has been the reality 
for U.S. manufacturers for the past 10 years or so. The defacto tariff, 
of 17 percent in China's case and 15 percent in Japan's case dampens 
U.S. exports to those countries and the same tariff; know as the VAT 
tax subsidizes Japan's and China's industries when those nations rebate 
the tax to them upon export to the U.S. This built in trade advantage 
of the VAT tax is not limited to the ``big two'' but is employed by 130 
other trading nations to disadvantage the U.S. manufacturers.
  As a result, thousands of financial advisors last year told their 
clients that for tax and tariff reasons it made sense to move their 
production offshore, even when their operations in the U.S. were 
healthy.
  The manufacturing bases of Japan and China are now generating the 
cash needed to purchase big pieces of the U.S. financial community. 
Mitsubishi UFJ has now acquired about 20 percent of Morgan Stanley for 
$8.4 billion, China Investment Corporation picked up 10 percent of the 
bank earlier this year for $5.5 billion.
  The movement of U.S. manufacturing offshore damages the U.S. in two 
major ways. The cause of the present economic crisis, the devaluation 
of U.S. real estate, is contributed to by the growing inability of our 
citizens to meet substantial mortgage payments with their wages. 
Service sector jobs do not produce the take home pay that can carry the 
payment schedule of appreciated homes in the U.S. Manufacturing jobs 
have historically supported the heart of the 1500 to 2000 square foot 
home market but now they are scarce. For a long time the housing market 
itself has represented the last of the major manufacturing effort in 
the U.S. Homes are simply a composite of material and labor, called 
``product'' by home builders. Every community which has experienced a 
strong home building surge understands the ripple effect of high wages 
from construction operations. Now this last major manufacturing 
initiative in the U.S. has ebbed and the toxic-debt left in the wake of 
over valued real estate packages is resulting in a new debt package, 
this time for taxpayers, which could reach $700 billion.
  Now is the time for the U.S. to rebuild our manufacturing base. We 
should now:
  (1) Eliminate taxes on U.S. manufacturing. This would offset the 15 
to 20 percent tariffs now being charged on U.S. exports by our trading 
competitors.
  (2) Adopt ``mirror trade'' rules with our trading partners that treat 
foreign exports from any given nation in the same way they treat ours. 
For example, a 15 percent Japanese border tax will be met with a 
reciprocal tax for their exports at U.S. borders.
  (3) Have a commission review unfair trade practices by other nations, 
including lack of enforcement for intellectual property rights and 
impose tariffs or other penalties to balance unfair foreign treatment.
  (4) Reduce rate licenses from U.S. government laboratories and U.S. 
government sponsored research when the intellectual property created is 
used in U.S. manufacturing.
  (5) Fund the development of robotics and manufacturing sciences with 
emphasis on our academic institutions.
  A few years ago when roadside bombs began to massively increase U.S. 
casualties in Iraq, I detailed our staff teams from the House Armed 
Services Committee to locate steel companies in the U.S. which produced 
high grade armor plate. Only one such company remained in the U.S. This 
dissolution of the U.S. defense industrial base, once known as the 
arsenal of democracy is a by-product of the manufacturing exodus. 
National security requirements should compel a restoration of U.S. 
manufacturing, as much as our present economic situation does.
  Rebuilding U.S. manufacturing should be America's next step forward 
toward solid economic footing.
  Mr. VAN HOLLEN. Madam Speaker, let's be clear: we are facing this 
crisis today because of the reckless economic policies of the Bush 
Administration and its deregulatory ideology run amok. No one likes the 
choice before us. But we must deal with the world as it is today, not 
the world that might have been had the Bush policies not driven the 
economy and our financial system to the brink of collapse. If this 
rescue plan were simply an effort to indemnify Wall Street from the 
consequences of its own excesses, I would have none of it. 
Unfortunately, that's not why we're here today.
  We're here because we cannot let the toxic contagion on Wall Street 
spill over to Main Street. We must not let the colossal failures of 
irresponsible corporate executives wipe out innocent small businesses 
and citizens who had nothing to do with this mess. At the end of the 
day, we are here out of the conviction that acting decisively now will 
mean less expense and pain than waiting for the crisis to get even 
worse.
  Make no mistake: this legislation is a far cry from the original 
blank check the Administration so brazenly requested. Secretary Paulson 
and his successor at Treasury will have real time oversight regarding 
the decisions they make--and robust judicial review of those decisions 
after the fact. There will be no golden parachutes for the corporate 
executives whose poor judgment and failed leadership created this 
crisis. Qualified homeowners struggling to pay their mortgages will get 
the help they need to stay in their homes. The $700 billion authorized 
in this bill will be broken up and made available in separate tranches 
so that Congress can exercise ongoing oversight before additional funds 
are spent. And taxpayers will receive additional, vital protections in 
the form of a non-voting equity or senior creditor interest in the 
companies they are helping to rescue, a preferred position for 
distribution of assets should a company fail and the ability to resell 
the assets the government purchases at a potential profit once the 
markets recover.
  In that regard, while no one has a crystal ball, the Congressional 
Budget Office has testified that it believes the final cost for this 
rescue package will be substantially less than $700 billion because the 
assets the government will be purchasing will have at least some value. 
Moreover, it is reasonable to expect that at least some of these assets 
could over time actually increase in value, giving taxpayers the 
opportunity to make money on their investments and help recoup the 
initial costs of this plan. However, in the event a full recovery of 
taxpayer funds is not complete within five years, this legislation 
requires the President to submit a plan that would impose

[[Page 23143]]

a fee on the financial industry to make up the difference and make the 
taxpayers whole.
  Finally, Madam Speaker, we would not be doing our job today if we did 
not assure our constituents that, even as we address the immediate 
crisis before us, we are firmly committed to analyzing what went wrong 
and fixing it so that this kind of crisis never happens again. In 
addition to the provisions in this legislation requiring a top to 
bottom review of our regulatory system, Congress--and the House 
Oversight and Government Reform Committee on which I sit--will 
immediately begin an investigation designed to give this Congress a 
comprehensive blueprint for 21st century regulatory reform.
  Mr. HALL of New York. Madam Speaker, the events of the last few weeks 
have been unprecedented. Following a summer of economic disarray and 
confusion the rapid failure of Fannie Mae and Freddie Mac, Lehman 
Brothers and AIG have rocked our economy, roiled our financial markets, 
and left many Americans fearing that we may be on the verge of the 
greatest economic collapse since the Great Depression. This would 
imperil the economy of the Hudson Valley and New York State, costing us 
jobs and revenue that the State and local governments rely on.
  In the wake of massive federal intervention to keep these former 
pillars of the financial industry afloat, it has quickly become clear 
that a cascade of financial collapse on Wall Street threatens to spill 
over into the credit markets, wreaking havoc on the broader business 
community and our entire economy unless swift, responsible, and 
effective steps are taken to stabilize the situation.
  In response to these events, the Bush Administration asked Congress 
for a $700 billion blank check to bail out failing companies as it saw 
fit without limits, restrictions, or oversight.
  It's hardly surprising that following this proposal, the outcry from 
my constituents came through loud and clear that it was unacceptable to 
throw a life line with no strings attached to the same reckless, 
irresponsible CEOs who have driven our economy to the brink through 
dangerous, greedy speculation on mortgage values. I share their view 
that the original Paulsen plan had too little oversight, too little 
protection for taxpayers and too little accountability for Wall Street. 
It was unacceptable.
  I share the anger we're hearing from Americans about the fact that 
Congress may be poised to bail out greedy, freewheeling CEOs while 
average families are struggling with flat wages and higher costs. 
However, one of my most important responsibilities, and one of the most 
sacred obligations of Congress, is to ensure the security of the people 
of the United States, including their economic security. As satisfying 
as it would be to let these irresponsible companies flounder and fail 
as a result of their actions, the bottom line is that their instability 
has created an economic contagion that must be contained, or it will 
spread into the rest of our economy and present a clear and present 
danger to our prosperity and the quality of life of every American.
  It is that need for action that has driven Members of Congress from 
both sides of the aisle to work feverishly over the last several days 
to come up with a plan. While far from perfect, it attempts to address 
the economic crisis in a responsible way that helps Wall Street while 
still looking out for Main Street and protecting our tax dollars.
  It is outrageous to think that the CEOs who ran their companies into 
the ground and have brought us to the precipice of disaster could 
receive fat corporate bonuses, and the bill before us today would put a 
stop to that by instituting limits on executive compensation and golden 
parachutes for the executives of companies that take part in the plan. 
There is real oversight, from the courts, from Congress and from a new 
Inspector General's office. There will finally be significant 
government supervision and regulation of the companies that helped to 
put us in the situation we're in now.
  Perhaps most importantly, the bill puts in place mechanisms to make 
sure that taxpayer dollars will be protected to the maximum extent 
possible. When the market improves, and I believe it will, our 
investment will allow the taxpayers to share in the profits. To the 
extent that our investment is not recouped, the President will have to 
come up with a plan to make sure that the companies taking out this 
government loan will have to pay back the American taxpayer.
  The proposal we have before us today is a substantial improvement 
over what was originally presented to us just a week ago. It has 
safeguards to protect the taxpayers' investment and it has 
comprehensive oversight so we will always know where our money is 
going. While I would take great personal satisfaction in seeing Wall 
Street deal with this crisis on its own, I have a responsibility to the 
people who elected me to do everything in my power to keep the economy 
in good order.
  New York State depends on the continued success of our financial 
institutions for tax revenue and jobs. The Hudson Valley is especially 
vulnerable to difficulties on Wall Street. If we could contain the 
damage to Wall Street I would be tempted to vote no, but I have become 
convinced that the situation has already begun to have ripple effects 
through our economy that could do permanent damage to retirement 
accounts, individual investments, and small businesses. This would be 
unacceptable, and that is why for the sake of our economic security I 
believe that I must reluctantly support this measure.
  We must also be clear that passage of this plan is only a first step. 
One of the conditions that created this crisis is the tendency by the 
Bush Administration to turn a blind eye to the recklessness on Wall 
Street, and we cannot allow that to happen again. Congress must remain 
vigilant, aware of how this tremendous authority is being exercised by 
the Administration and in the markets, and ready to intervene at the 
first hint of abuse or ineffectiveness.
  Mr. DICKS. Madam Speaker, less than 2 weeks ago, Treasury Secretary 
Henry Paulson and Federal Reserve Board Chairman Ben Bernanke issued a 
solemn warning to the President and Congress about the increasingly 
fragile state of the Nation's economic and banking system. They 
expressed their belief that, without prompt congressional action, 
widespread failure of financial institutions on Wall Street and across 
America threatened to send the Nation into an economic crisis not 
experienced since the Great Depression.
  In the past few months, as my colleagues know, several financial 
institutions in the United States have failed, have been acquired by 
other companies through government intervention, or have been sustained 
only with Federal assistance. In the last 2 weeks, the number of 
failures has accelerated at an alarming rate, including the failure of 
Washington Mutual in my State, resulting in the loss of thousands of 
jobs. The Washington Mutual situation has underscored for me and my 
constituents the depth and seriousness of the crisis and has emphasized 
how our action is needed not simply for Wall Street, but also for Main 
Street.
  Even without the collapse of Washington Mutual, it is clear to me 
that the growing crisis of liquidity could have devastating effect on 
my constituents and on the middle class throughout America. Companies 
failing because of an inability to manage their debt would not just be 
isolated to lower Manhattan; indeed, all of our congressional districts 
have businesses large and small that rely on the ability to access 
credit to survive. These businesses may well fail, too, if this crisis 
is allowed to continue without intervention. Retirees and workers alike 
are facing the loss of their retirement funds and pensions if they are 
invested in the markets on a scale not seen in 80 years.
  It is that backdrop and with the advice of some of the wisest and 
most financially astute members of the House a well as financial 
experts from my state, that I am now convinced Congress must act 
quickly to avoid these disastrous consequences.
  It was obvious to me that the legislative proposal initially drafted 
by the Bush administration was overly broad and lacking of any 
substantive or independent oversight by Congress or any clear 
safeguards for American taxpayers. After 10 days of intense, often 
around-the-clock negotiations, the original proposal drafted by 
Treasury Secretary Paulson has been dramatically improved in the 
legislation that is under consideration by the House of Representatives 
today. In addition to helping stabilize the U.S. economy by authorizing 
the Treasury to acquire mortgage-backed securities, enabling the 
release of credit for American consumer and businesses, this bill 
provides strict, independent oversight to assure that the program is 
carried out properly. The provisions of this legislation will help 
existing homeowners to stay in their homes and continue to make 
payments and the bill includes specific provisions to ensure that 
taxpayers are insulated from any losses sustained in this program. And 
I am encouraged that, for the first time, the bill places clear 
restrictions on so-called ``golden parachutes'' and executive 
compensation for companies participating in the new program.
  I believe the revised version of this legislation represents a 
substantially more responsible and prudent means of addressing this 
crisis, and it is my intention to support it. I recognize that many of 
my own constituents have deep reservations about this package. So do I. 
I recognize that it may not be perfect. But I believe it is a 
responsible action and that it is in the best interests of our Nation 
at this

[[Page 23144]]

critical time. And I also believe that the consequences of not acting 
today could be devastating. It is therefore my intention to support 
this legislation.
  Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, my constituents 
are justifiably anxious about the threats this financial chaos poses to 
their savings, their children's future and their retirement security. I 
share their outrage that this administration and its supporters in 
Congress failed to prevent this foreseeable crisis and punish those 
responsible. I appreciate their anger and their opposition to using 
their tax dollars to bailout the executives of corporations who 
profited from the lax oversight of the past 8 years.
  I have been told that this crisis is called an economic Pearl Harbor. 
In those war days, American credit, which is necessary for all 
commerce, had stalled. Investors were pulling record amounts of money 
from even the safest investments, which meant that money for the short-
term loans that businesses use every day were either unavailable or 
cost three to four times more than they had cost just a few days prior.
  If allowed to continue, the result would have been catastrophic for 
individuals and businesses alike. The war-time government developed a 
plan to have the government buy the troublesome securities on the books 
of financial institutions in order to rescue our Nation's and world's 
economy.
  Since the Reagan administration, deregulation has spiraled out of 
control. Executive compensation and buyout packages have outraged 
millions of Americans, and rightfully so. We cannot continue with the 
path we currently are on. This measure is aimed to do that.
  Madam Speaker, I truly understand that the cost of this rescue 
package may also limit discretionary spending. Federal spending also 
might be hampered by the much larger commitments that the government 
has made for Medicare, Medicaid and Social Security.
  Regional economies, such as ours in north Texas, may have to fight 
even harder for scarce Federal dollars for roads, bridges and sewer 
projects. Creative solutions will be needed to find pragmatic ways to 
fund these needs.
  We need credit in order for this country to operate economically.
  Madam Speaker, state and local governments rely on their ability to 
borrow to finance special projects. Think of how new schools get built: 
a district issues bonds through a bond house, the bonds are sold to 
raise money, the money is paid back over time with interest. It's like 
a mortgage.
  Texas companies rely on free-flowing credit to finance both day-to-
day operations and long-term needs. Credit is tighter for businesses 
across the region at the moment, something of particular concern to 
manufacturers. And individuals rely on credit to buy homes, cars, and 
to pay for college.
  In a troubled economy, now made more difficult by the credit crisis, 
it is more important than ever to work together to nurture job growth 
in north Texas. From worker training to transit to luring new business 
to helping existing businesses expand, a lot is at stake right now.
  If this really is our economic Pearl Harbor, then the way we, as a 
nation and as individuals, act in the coming days will be the measure 
of whether we meet the challenge with the same resolve as our parents 
and grandparents.
  For that, I intend to vote for this measure.
  Mr. SMITH of Texas. Madam Speaker, much of our economic crisis today 
is rooted in misguided policies of the past. Permitting home mortgages 
with nothing down was a disaster waiting to happen when home prices 
fell. Unfortunately, all the bad mortgages and the resulting credit 
crisis have dragged down our economy and threatened the financial well-
being of all Americans.
  If companies big and small cannot access funds they need to operate 
and pay employees, this will adversely impact the entire economy and 
punish hard-working Americans. If credit to buy homes, cars and other 
purchases dries up, home prices will fall even further and loans will 
become even harder to get.
  Many people felt the original proposal was unfair. It would have been 
far more unfair to do nothing and allow a recession to occur, which 
would hurt everyone. Changes were made to the plan to address those 
concerns. Measures were successfully included to ensure Wall Street 
pays its share and taxpayers are protected.
  We were facing the economic equivalent of a cattle stampede. To stop 
a stampede, you have to act quickly and decisively and get ahead of the 
herd to turn it. This plan, while not perfect, does that.
  This is not about bailing out Wall Street. It's about protecting 
American jobs, the financial security of families, and the economy of 
our Nation.
  Since half of all households own stocks either directly or indirectly 
through 401(k) accounts, IRAs, and pension plans, we had to find a 
solution to this crisis.
  The money in the compromise plan will be used to purchase the 
mortgage-related assets at the center of the problem. When the 
financial markets stabilize, many of those assets will regain their 
value and will be sold by the Federal Government to recover a 
substantial portion of the cost for taxpayers.
  This plan will stabilize the economy, strengthen home values, and 
prevent a devastating recession. It's an investment in the future of 
the American people.
  Ms. ESHOO. Madam Speaker, I rise today to express my support for the 
H.R. 3997 Emergency Economic Stabilization Act.
  Each of us is outraged about the circumstances that have brought our 
financial system to near collapse. In my view, this was brought on by 
the Bush administration's failed economic policies and their support 
for ``cowboy capitalism,'' believing the markets must be allowed to run 
free and unfettered. Instead, Wall Street has been allowed to run wild 
without accountability, without transparency and without effective 
enforcement or regulations to protect the American taxpayer.
  The legislation the President presented to Congress on Monday, 
September 22, requested Congress to approve a $700 billion bailout, 
with the Treasury Secretary empowered to set the rules for all 
transactions. The bill included no safeguards, no transparency, no 
accountability, and no oversight. This plan was wrong for the American 
people and we rejected it.
  Over the past week, legislation has been completely reshaped and it 
now includes three essential elements to rebuild our financial system. 
First, we will reinvest in troubled financial markets to stabilize our 
economy and insulate Main Street from Wall Street. Second, the taxpayer 
will be reimbursed through ownership shares and asset recovery as the 
plan begins to work. Finally, the bill will reform how business is done 
on Wall Street including the prohibition of golden parachutes.
  This legislation ensures that taxpayers have an equity share in any 
profits and gives taxpayers an ownership stake and profit sharing of 
participating companies. It puts taxpayers first in line to recover 
assets if a participating company fails, and allows the Government to 
purchase troubled assets from pension plans, local government, and 
small banks that serve low- and middle-income families.
  H.R. 3997 includes strong independent oversight and transparency 
through an establishment of an independent bipartisan board to provide 
oversight, review and accountability of taxpayer funds. The Government 
Accountability Office will have a presence at Treasury to oversee the 
program and conduct audits to ensure strong internal controls, and to 
prevent waste, fraud, and abuse. There will be an independent Inspector 
General to monitor the Treasury Secretary's decisions in regard to this 
program and all transactions will be posted online for the public to 
review.
  Rather than giving the Treasury all the funds at once, the 
legislation gives the Treasury $250 billion immediately, then requires 
the President to certify that additional funds are needed, $100 
billion, then $350 billion, subject to congressional disapproval, and 
there are limits on golden parachutes for executives whose companies 
participate in the program. We will help homeowners by allowing the 
Government to change the terms of mortgages to help reduce the 2 
million projected foreclosures in the next year. It will also assist 
school districts, cities and counties who had investments in failed 
institutions.
  I firmly believe if we do nothing, our ability to obtain home 
mortgages, car loans, student loans, loans for small businesses, or 
even credit cards will become highly difficult or impossible. Even more 
financial institutions could fail and millions could lose their 
pensions and retirement savings, thousands of jobs could be lost, and 
large parts of our economy could cease to function. The repercussions 
would be far greater than the cost of a financial rescue program.
  This is as tough a vote as any I've ever taken during my time in 
Congress. Today, I will vote ``yes'' because I believe we've shaped a 
good bill which is fair to taxpayers and a plan to address the many 
critical issues plaguing the U.S. financial system.
  Having said this, I know that no legislation is perfect; it is a 
product of human beings. But doing nothing I believe is a higher risk 
to our country and would hurt millions of Americans across the nation. 
I didn't come to Congress to hurt people. My ``yes'' vote is to help 
the country move forward, protect taxpayers, help Main Street, protect 
pensions, protect 401(k)s, and restore our credit markets and, with no 
rewards for those whose greed and foolishness have so jeopardized our 
economy.

[[Page 23145]]


  Ms. SPEIER. Madam Speaker, we never should have reached this point.
  But a perfect storm of greed and poor risk-management on Wall Street, 
along with a decade of lax oversight and deregulation, has our markets 
teetering on the edge of collapse.
  We should never have reached this point--but here we are, and we must 
lead.
  Leadership and our democracy require elected officials to make 
difficult decisions. Last Saturday Congress was presented with 
Secretary Paulson's plan. The proposal was a blank check for bad 
actors. It carried no oversight and, indeed, placed an administration 
appointee beyond the arm of the courts.
  This is not Paulson's plan. This legislation is crafted with 
taxpayers, not bankers, in mind.
  This begins a new era of strong congressional oversight. If we, the 
Congress, are asking the American taxpayer to foot the bill, then we 
must protect their investment.
  At the beginning of the week, I laid out specifics that needed to be 
in this bill: taxpayers deserved an equity position, there needed to be 
guarantees that taxpayers wouldn't be funding exorbitant executive 
compensation packages, and that this would not be a lump-sum and a 
blank check without the ability to stop payments if this proves the 
wrong solution.
  These taxpayer protections were included.
  To protect taxpayers going forward, Congress must bring back the 
firewalls between investment houses and banks repealed by Gramm-Leach-
Bliley; we need strict controls on exotic financial instruments that 
provide great wealth for a few at the expense of the rest of society 
like ``naked short selling,'' and we need conflict of interest measures 
that ensure Wall Street does not subvert the public's trust in any way.
  Some have characterized our action here as the Government butting 
into the free market. On the contrary, what we are doing is reasserting 
the Government's rightful role in maintaining the stability of our 
economy for the good of all Americans.
  Congress finds itself choosing between two unfortunate choices--
between a massive Government expenditure or inaction that could lead to 
a calamitous collapse of our economy.
  It would be easy to vote against this bill, it would also be 
irresponsible. I was not sent to Congress to be a slave to public 
opinion polls, but to make decisions after listening to my 
constituents, hearing from experts and fashioning solutions that are in 
the public's best interest.
  Inaction in the face of adversity is not an option. Inaction is not 
leadership. None of us want to be here, none of us is happy about the 
decision before us, but our duty is to act in the best interests of 
everyone.
  More hardship is on the horizon, like greater unemployment, a run on 
banks, and further collapse in value of a great many Americans' only 
financial security: Their homes and their pensions.
  I look forward to working with Chairman Frank and with the Speaker as 
this House protects the American taxpayer and stabilizes our financial 
markets.
  Mr. THORNBERRY. Madam Speaker, the issue before us is one of the most 
difficult decisions I have faced during my time in Congress. The reason 
it is so difficult is the concern about what will happen to our economy 
if this bill is not passed. But the bottom line is that this bill is an 
unprecedented intrusion by government into the economy of the country 
and is contrary to the common sense principles in which I believe. I 
have carefully weighed the opinion of many different sources, including 
those who have spent their professional lives in the financial sector 
and the American taxpayers I am privileged to represent.
  I am convinced that the United States faces a serious economic 
crisis, centered on Wall Street and high risk financial institutions 
but with shock waves that could extend throughout the country. I am 
further convinced that in this situation some sort of government action 
is needed and appropriate.
  In fact, Congress is partly responsible for this situation. Over the 
years, some in Congress have pushed government agencies and lenders to 
provide more loans than many could repay. Too many people borrowed too 
much money. Yet, those laws and regulations which helped to create this 
problem are not corrected in this legislation.
  Despite the fact that action is needed, I am not convinced that the 
bill before us is the type of government action that is appropriate or 
that it will be effective in solving our problems.
  In order to support a measure of this size and scope, there should be 
some reasonable belief that it will work--that it will solve the 
underlying causes of the problem. Of course, there are no 
``guarantees,'' as we keep hearing, but $700 billion of taxpayer money 
should not be used as a hopeful experiment.
  Yet, many believe that this bill will not be effective in preventing 
an economic downturn, and, in fact, does nothing to address the 
underlying issues that created the problems we face. It does little to 
bring more private capital into the market. It has no systemic reform 
of the regulatory agencies that helped contribute to the problem. The 
Fair Accounting Rules, which are widely believed to have aggravated the 
situation, are only studied, not changed.
  The bill is far better than it was as originally offered and now has 
more oversight and some checks and balances. But there is still 
enormous discretion with the Secretary of the Treasury, more power than 
seems wise to give to anyone. The core of the plan is to have the 
federal government buy assets which cannot be sold to anyone else. 
Those who have the most of these assets, often based on ``zero-down 
loans'' and ``no doc/low doc'' mortgage loans, will obviously benefit 
the most. Those who were more prudent in their lending will benefit 
less.
  I understand that any measure will be somewhat unfair in that some of 
those who took the excessive risks and made unwise decisions will be 
protected from the full consequences of their decisions. Some degree of 
unfairness is inevitable.
  But it is important to keep foremost in our minds that the foundation 
of the American economy is not Wall Street traders or multi-national 
banks. The foundation of our economy is American businesses and workers 
who pay their bills and taxes on time, who borrow responsibly and take 
reasonable risks, and create economic value, jobs, and a higher 
standard of living. If this measure damages them, it damages our 
present economy and our future. I am afraid that this bill does damage 
well-run companies and institutions, and it certainly damages the 
American taxpayer.
  The only compelling argument I can find on behalf of this bill is 
that we will confront a credit crisis and severe recession if it does 
not pass. Obviously, I hope that will not happen. But failure of this 
specific proposal should not mean that we stop trying to find common 
sense answers to support our economy. Congress can return to work 
immediately, listening not just to the Secretary of the Treasury this 
time, but to commercial bankers and economists and taxpayers across the 
country. There are a number of good ideas which can be considered in a 
thorough but timely way. We should not rush into a flawed proposal that 
will have consequences that last for generations.
  Mrs. DAVIS of California. Madam Speaker, my constituents have every 
right to be angry about our economic situation. I am angry too.
  But I believe that going forward with this legislation enables us to 
begin to right our economy.
  It does not address all the requisite steps that should be taken.
  That is why I am urging the chairman and the Congress to work with 
the Treasury and the SEC to promulgate rules on accounting practices 
that reflect the true value of assets they will be working with.
  This bill is not a magic bullet but the cost of doing nothing may be 
far greater than the painful steps we take today.
  I thank the Chairman and all of my colleagues from both sides of the 
aisle. We may disagree but people have worked hard over the past week 
to listen to one another no matter where you come down on this issue.
  Mr. MILLER of North Carolina. Madam Speaker, this bill is a very 
bitter pill for me. I probably have become the leading critic in 
Congress of the mortgage lending industry, including the financial 
institutions that bought predatory mortgages knowing full well the 
consequences of those mortgages for middle class homeowners.
  The industry has not always taken my criticism with good humor.
  The industry hated the legislation that I introduced more than five 
years ago to prohibit predatory mortgage lending practices. And the 
industry really, really hated the legislation that I introduced last 
year to let bankruptcy courts modify predatory mortgages.
  But I do think we are in a worsening financial crisis that will 
affect ordinary Americans, not just financial institutions. The economy 
will slow dramatically if every business and every American family has 
to operate on cash. If credit is not readily available and affordable, 
middle class American families will have a hard time buying a new car, 
with disastrous results for the Americans who depend on the automobile 
industry for their livelihood. The story is the same in industry after 
industry.
  This bill is a dramatic improvement on what the Bush Administration 
presented Congress not quite a week ago. There is now real 
transparency, and vastly improved accountability and oversight. The 
bill takes pains to shift the ultimate cost to the industry that made 
the mess, not innocent taxpayers.

[[Page 23146]]

  I regret that this bill does not do more for families with houses 
that they can afford, but abusive mortgages that they can't. Millions 
of families will lose their homes to foreclosure, and foreclosures are 
pulling down home values for millions of other families. I will push 
hard for bankruptcy reform early next year.
  I wish the limitations on the compensation of top executives were 
tougher, another issue we need to come back to.
  I wish there were real reforms in consumer lending practices that 
cheat middle class families with deceptive penalties and fees, and trap 
struggling families in a cycle of debt.
  And I know that no matter what Congress does, we are all in for 
several tough months, and maybe longer. Many financial institutions are 
carrying assets on their books for far more than the assets are really 
worth. Banks won't trust each other enough to lend freely until 
insolvent institutions collapse, and taxpayers will foot much of the 
bill to pick up the pieces.
  I reluctantly voted for this bill today, but I'm not finished with 
the fight against the heedless greed that is responsible for so much 
grief for so many Americans.
  Mr. ETHERIDGE. Madam Speaker, I rise in support of H.R. 3997. Today, 
the United States faces the most significant financial crisis since the 
Great Depression. While we wish this action was unnecessary, this 
emergency requires bold steps to protect homeowners, small businesses, 
retirement savings plans, and community banks and to ensure that our 
economy can weather this storm. This bill should put us on the right 
path to recovery for our financial system.
  Over the last several months we have seen the collapse of some our 
largest financial institutions, throwing our nation's financial system 
into turmoil. As one collapse has followed another, a dangerous lack of 
liquidity has beset the entire system. This freeze in the flow of 
capital means that remaining banks have ceased lending to one another, 
and loans for businesses and individuals are starting to become almost 
as scarce. If lending does not resume, Americans will be unable to grow 
their small business, buy a car, pay for college, or buy a home. 
Without action, this financial crisis will threaten the entire American 
economy.
  I have spoken with the leaders of some of North Carolina's local and 
state banks and credit unions about the effect of this crisis on the 
communities they serve. They told me clearly: if we do not take action 
now, these problems could overtake the entire economy, affecting jobs, 
the vibrancy of our communities, and harming North Carolinians.
  This bill is not the blank check that the Bush Administration 
originally proposed. H.R. 3997 contains key provisions, negotiated by 
Democratic leaders in Congress, to ensure this bill benefits Main 
Street. As I demanded when this plan was first proposed, this bill 
protects taxpayer money, provides help for struggling homeowners, 
prevents Wall Street CEOs from gaining a windfall at taxpayer expense, 
and provides the accountability and oversight that have been missing. 
While it contains strict oversight provisions, the plan also contains 
the flexibility needed to address a problem of this magnitude.
  First and foremost, this plan protects taxpayer money. In taking 
action authorized by H.R. 3997, the Treasury Secretary must consider 
the interests of taxpayers, preserving home ownership, the needs of all 
financial institutions including small institutions and credit unions, 
and the needs of local communities. To ensure that the public shares in 
the benefit of the economic relief provided, Democratic leaders fought 
to add provisions that allow taxpayers, to share in profits if a 
financial institution we invest in grows healthy in the future. At the 
same time, H.R. 3997 requires any losses to the government to be 
recouped from financial institutions in the future. Additionally, this 
bill includes a fiscally responsible requirement that any profit 
resulting from this plan be used to reduce the growing national debt.
  In order to further ensure that assistance benefits Main Street, H.R. 
3997 includes provisions to coordinate and increase efforts to modify 
mortgages for homeowners. The bill provides authorization for loan 
guarantees and credit enhancement to prevent foreclosures, and requires 
a plan to encourage mortgage servicers to modify loans through the 
Federal Housing Administration's Hope for Homeowners and other 
initiatives. We will work to ensure people can remain in their homes 
when possible.
  H.R. 3977 makes sure that the people who made this mess do not unduly 
profit at the public's expense. There are limits on executive 
compensation and golden parachutes for the financial institutions that 
receive this government assistance. It also allows taxpayers to recover 
bonuses paid to executives who promise gains that later turn out to be 
false or inaccurate.
  Congress has also increased oversight and transparency in H.R. 3997. 
The final bill includes $250 billion as an initial effort to stabilize 
the markets, and authorizes the rest of the $700 billion request only 
after Presidential notification and Congressional oversight of the 
Treasury Department's actions. Any purchase by the Secretary must be 
publicly disclosed within two business days of the action. A strong 
oversight board has authority over the Treasury Secretary's actions, 
and the bill mandates detailed reports to Congress at regular 
intervals. Additionally, H.R. 3997 establishes an independent Inspector 
General to monitor the use of the Secretary's authority.
  Given the extent and range of the problems in our financial markets, 
it is critical that the Treasury Secretary have a variety of tools to 
address these problems. H.R. 3997 includes a Republican proposal that 
gives the Treasury Department the option to guarantee companies' 
troubled assets, including mortgage-backed securities, purchased before 
March 18, 2008, with insurance that is paid for through risk-based 
premiums paid by the financial industry.
  H.R. 3997 provides liquidity to the market so that our banks have the 
confidence to make loans again. It is our hope that this will enable 
our financial markets to recover, but we cannot be certain that it will 
do so. The oversight provisions in H.R. 3997 will ensure that we can 
react to any further developments and take further action as necessary.
  Madam Speaker, this crisis is wide-spread and threatens the financial 
security of this generation and the well-being of our children and 
grandchildren. I fervently wish that this action was not necessary, and 
that the markets could correct themselves. However, in order to protect 
Main Street from the impact of Wall Street's problems, I support H.R. 
3997, and I urge my colleagues to join me in voting for its passage.
  Mr. KIND. Madam Speaker, I rise today in support of H.R. 3997, the 
Emergency Economic Stabilization Act of 2008. The financial crisis that 
has been gripping our country reached a point last week where 
extraordinary action is now required.
  Supporting this legislation was not a decision that I came to easily 
or without tremendous thought and consultation. It is based on 
imperfect information. Initially I was very angry and skeptical of the 
plan that the administration proposed because it gave too much 
discretion to the Treasury Secretary and included no accountability for 
the burden that was going to be placed on the taxpayer.
  Fortunately, the administration has listened to the concerns from me 
and my colleagues and has returned the focus of the rescue plan from 
Wall Street to Main Street. This plan protects taxpayers, not executive 
compensation. It includes strong transparency, accountability, and 
oversight functions for Congress.
  The goal of this plan is to take the poison out of the market, get it 
stabilized, and ensure the free flow of credit. Most importantly 
though, it guarantees that taxpayers will be reimbursed for their 
investment at the end of the day. Furthermore, in the longer term, I 
support a comprehensive review and reform of our financial market 
structure and associated regulations.
  This is a rescue plan for the American economy. The reality is that 
without action, there is a good chance that Americans could lose 
everything they have worked so hard for. We are loaning banks money so 
they can loan money to Americans for their everyday lives to buy a car, 
pay for college, start a small business, or buy a house. The risk of 
inaction far outweighs the risk of action. This bill will allow us to 
continue moving forward.
  Madam Speaker, I support this important legislation that will shore 
up our economy and urge my colleagues to join me in voting for its 
passage.
  Mr. RAMSTAD. Madam Speaker, I rise today to oppose the Bush 
administration's $700 billion bailout plan for Wall Street firms and 
banks.
  The administration's bailout plan imposes great risk to taxpayers and 
no guarantee of success.
  Because this bill was considered in such haste, without adequate 
hearings or debate, nobody knows what this complex financial scheme 
will produce so the final cost to taxpayers is uncertain.
  Four hundred of the Nation's top economists signed a petition to 
Congress objecting to the bailout plan, as they are skeptical of the 
Federal Government buying up toxic mortgage-backed assets from banks 
and hoping the benefits trickle down from Wall Street to Main Street.
  According to these economists, the long-term effects of this 
financial scheme--higher inflation, a weakened dollar and a greater 
National debt--will outweigh any short-term stabilization of the credit 
markets.

[[Page 23147]]

  Rather than providing $700 billion of taxpayer money to buy frozen 
mortgage assets to solve the current problem, Congress should adopt the 
plan to insure mortgage-backed securities through payment of insurance 
premiums by the holders of these assets.
  I urge my colleagues to oppose this bailout.
  Mr. BISHOP of Georgia. Madam Speaker, Never in my 16 years in 
Congress have I so grudgingly voted ``yes'' on a piece of legislation. 
And hopefully, with this action, never again will I have to do so.
  The so-called financial titans of this country and those who for 
years have favored lax regulatory oversight put us up against a wall. 
For some time now, Wall Street has been turning a tidy profit by 
playing with other people's money, manipulating balance sheets, and 
using complex financial instruments that few people, if anyone, 
understood. And through it all, the Bush administration has turned a 
blind eye and insisted that our ``fundamentals were strong.''
  It turns out they were fundamentally wrong. And now we are all going 
to pay because of it.
  I certainly do not disagree with the many constituents who have 
called my office and exclaimed, ``$700 billion!'' It is, without a 
doubt, an enormous sum. But it is less expensive than a deep economic 
recession.
  During the Great Depression, the Federal Government waited too long 
to aid the battered banks. Today, the whims of a Wall Street Gone Wild 
have so afflicted our credit markets that I am convinced if we don't do 
something soon--and more importantly, if that action is not taken 
responsibly, and with strict oversight--we will regret it for a long, 
long time to come.
  Everyone in this country, from individuals, to small businesses, to 
farmers, and multinational corporations, relies on credit. The local 
supermarket needs a reliable credit line to stock its shelves, farmers 
need to borrow money to plant their crops, students and parents have to 
borrow for college, and, right now at this very moment thousands of 
Second District residents facing foreclosure desperately need a chance 
to keep their homes by drawing upon a re-financed line of credit.
  We must learn the lessons from history and act quickly to prevent an 
economic calamity. And, we are staring down the barrel of a gun that, 
if fired, would wound our economy so badly that even those with 
impeccable credit histories will not be able to secure a loan.
  Members from both parties have come together to craft this consensus 
package. Each side made its views known. Neither party got everything 
it wanted. But I think we have a good plan in place to prevent a 
deepening of the current crisis and put us back on our feet.
  And, we have secured the taxpayer protections absent from the 
administration's initial proposal: Taxpayers will have an ownership 
stake in these investments with profit-making opportunities, will be 
given a priority position to recover assets in the event a company 
fails, and will be included in a plan to recover any potential 
remaining costs from Wall Street firms after five years.
  Taxpayers will also benefit from six different oversight entities, 
including an oversight board, an inspector general to monitor the 
Treasury Secretary's decisions, a review and audit program within the 
Government Accountability Office, public disclosure of any bailout-
related transaction by the Treasury Secretary, and monthly reports to 
Congress on every $50 billion spent by Treasury. The Treasury 
Secretary's actions will also be subject to judicial review.
  For the poor, for those who have been financially prudent, for the 
unemployed, for those who saw their 401(k)s dwindle--this is not the 
end. In the coming months, it is my hope that Congress pours as much 
effort into investigating the financiers whose actions precipitated 
this crisis and who walked away with millions for themselves, as they 
have put into crafting this bill. Meantime, I encourage my colleagues 
to join me in supporting this first step toward regaining our financial 
footing and setting in place a new system, one that lacks the greed and 
the excess that brought us to this point in the first place.
  Mr. DAVIS of Illinois. Madam Speaker, although I am voting to support 
this bailout plan, I am concerned that we do not have enough of an 
equity remedy for small institutions that held preferred stock in 
Fannie Mae and Freddie Mac. I was recently contacted by Standard Life 
Insurance Company of Indiana (``Standard Life'') regarding an 
unintended consequence of the Fannie Mae and Freddie Mac government 
bailout. Standard Life is a small life insurance company domiciled and 
headquartered in Indiana, with executive offices in Kentucky. They have 
approximately 100 employees (all in Indiana and Kentucky) and 30,000 
policyholders. They sell traditional annuities for pre-retirement 
savings and retirement income purposes. Their average customer is 
approximately 65 years old and average size policy is approximately 
$50,000.
  I understand that between late 2007 and early 2008, based on repeated 
representations by Treasury and Regulatory officials that Fannie Mae 
and Freddie Mac were adequately capitalized and were safe and sound, 
Standard Life purchased $31 million of Fannie Mae and Freddie Mac 
perpetual preferred stock.
  On September 7, 2008, Secretary Paulson announced the conservatorship 
of Fannie Mae and Freddie Mac, a part of which was the elimination of 
dividends on all preferred stock. The consequence of that action was to 
cause the securities to be rated near default, requiring Standard Life 
to carry them at a market value of 10 cents on the dollar for 
regulatory capital purposes, an immediate reduction of Standard Life's 
capital from $113 million to $85 million (or diminution of $28 million 
dollars, or 25 percent).
  It is my understanding that this result has potentially dire 
consequences for Standard Life's survival, Kentucky and Indiana jobs 
and, most importantly, Standard Life's policyholders, if corrective 
action is not taken by September 30, 2008. Standard Life has been 
informed by the rating agency A.M. Best that its rating will be cut if 
the lost capital is not replaced by that time. The rating cut will be 
from a ``secure'' B++ to a likely ``unsecure'' B or lower. This will 
likely result in a cascade of negative events:
  Shut down of sales; extended withdrawal activity (``run on bank''); 
and regulatory intervention, up to and including receivership and 
liquidation, which will result in delayed policyholder access to their 
funds and possible reduction of interest earned on their policies.
  I believe this was an unintended consequence of the government moving 
quickly to stabilize Fannie Mae and Freddie Mac. There are a number of 
ideas being discussed to help companies like Standard Life. It is my 
hope and desire that the government rescue plan include an equitable 
remedy for Standard Life and companies in a similar position. I trust 
that before we finalize this legislation and the President signs it, we 
will have adequately addressed this very serious issue.
  Ms. BROWN-WAITE of Florida. Madam Speaker, I rise today because of my 
grave concerns over what is surely one of the largest bailouts in 
American history.
  I recognize that this is the product of compromise and therefore 
imperfect; but the serious problems with this bill make it impossible 
for me to support.
  Make no mistake; a vote for this bailout is a vote to ratify business 
as usual in Washington. This compromise was crafted by the same people 
who brought you this mess, except this time they are putting a gun to 
your head and saying give me more.
  This isn't legislation; this is extortion. We could actually call it 
the ``in-out plan,'' as the FBI is going in, we are bailing out. That's 
not what the taxpayers want.
  My greatest concern is that this bill creates yet another opportunity 
for the Federal Government to meddle in the economy. The scope and size 
of this bill, however, means that the bailout will come at greater harm 
to equity holders, businesses, and homeowners.
  In order to participate in this bailout, a company will essentially 
give stock options to the Treasury Secretary, who will be able to 
exercise those options at whatever price he decides.
  How will the markets be changed when the Federal Government is the 
largest single stockholder in the country? Senator Obama is the most 
liberal Senator in the history of this country, someone who seeks to 
socialize large sectors of the economy.
  With passage of this bill, it is now pertinent to ask how will our 
companies and markets fare under Obama and Federal Government and 
consolidated liberal Democrat controlled government?
  I think not well, and for any company forced into this deal with the 
devil, they are barred from negotiating, complaining or seeking 
judicial recourse.
  Do you like 10 trillion in debt? In one stroke of the pen, Congress 
will have expanded the debt by another trillion to 11.3 trillion.
  What happens if any of this money is repaid? Democrats won't have to 
make any effort to expand their spending for more Federal Government; 
that spending will have already been authorized in this bill.
  Which brings me to another financial mess buried in these pages. Any 
premium paid by companies will be put into a fund, like the Social 
Security trust fund. And we all know how well that has worked out well 
for Social Security.
  What's worse, these premiums will be counted against the deficit, 
allowing for more spending, higher pay-go, and will finance more

[[Page 23148]]

federal bureaucracy. Democrats are rapacious for more spending. You can 
count on this.
  If you weren't angry enough about this bailout, foreign banks get 
special treatment. Right there in Section 112, the Treasury Secretary 
has the discretion to bailout foreign banks at the expense of the 
American taxpayer. No restrictions and no guarantees.
  Madam Speaker, the American homeowner has paid for your energy 
schemes this year with higher gas prices. Now you want the middle class 
homeowner to pay for your housing schemes.
  My biggest concern is that this bill creates two classes of 
homeowners.
  There are those homeowners who make every mortgage payment, and pay 
every bill and struggle to meet their commitments, and there are those 
homeowners, like Representative Richardson, who didn't meet their 
obligations, skipped out on the bills and now want the taxpayer to bail 
them out.
  This is all too embarrassing and it turns my stomach.
  Make no mistake; a vote for this bailout is a vote to ratify business 
as usual in Washington. This is the same crowd delivering the same 
bills and expecting the middle class homeowner to pick up the tab.
  Madam Speaker, the American homeowner is tired of being your piggy 
bank. The American homeowner is sick of your promises and platitudes 
and is simply not going to stand for this.
  Mr. NADLER. Madam Speaker, I rise reluctantly in support of this 
rescue package. I have great reservations about this legislation, but 
after looking at the situation carefully, reviewing the facts, and 
speaking with economists whose views and expertise I value, I believe 
that the threat to our credit markets is both real and urgent.
  Is the danger severe enough to warrant supporting a bill about which 
I have strenuous reservations? I believe so.
  In the past, I have been very skeptical of proposals brought to us by 
this administration with the warning that the situation was dire, that 
we could not afford to be more deliberate, and that we must give the 
administration broad new powers. I opposed the USA PATRIOT Act, the 
recent FISA legislation, and the vote to authorize the war in Iraq. In 
each instance, we were told that the danger was great and imminent. The 
administration went so far as to warn of a smoking gun in the form of a 
mushroom cloud.
  Unfortunately, these tactics worked, and Congress was stampeded into 
doing the wrong thing. In each case, it was not easy to stand in the 
way of the stampede, but, in my judgment, after examining all the known 
facts, it was the right and necessary thing to do.
  In this case, the administration should have seen this crisis coming 
years ago. Many of us warned that the administration's deregulation 
policies were leading us toward disaster, but so long as unprecedented 
profits were rolling in, the voices of caution were ignored.
  The near-religious belief that unrestrained markets would bring 
nothing but good times, that real estate prices would spiral upward 
forever, that financial instruments that even the directors of the 
firms selling them did not understand, would always bring prosperity, 
permeated thinking in government and out.
  History should have taught us otherwise. Our current situation proves 
otherwise.
  When the final accounting came, the boom was revealed for what it 
was: history's largest and most costly ponzi scheme.
  Finally, the administration acted--belatedly and arrogantly. Only a 
week ago, they told us that the situation was dire, that they needed 
$700 billion--more even than the President's Iraq adventure has cost so 
far--and presented us with a three page proposal that said essentially, 
``Give the Treasury Secretary a free hand with nearly a trillion 
dollars, make sure no one can go to court to stop him if he gets out of 
hand, forget any oversight or transparency, don't worry about paying 
for it, don't do anything to help the middle class, then buzz off.''
  In defense of that request, they said we should just trust them--the 
same people who got us into this crisis--with power even the Vice 
President only dreams of.
  As the old joke goes: how do you say ``drop dead'' in Washington? 
``Trust me.'' Only this time, it's not funny.
  The legislation before us today is not very attractive, but it is 
greatly improved from the President's proposal. The bill has increased 
transparency. It leaves available court remedies, although not as many 
as I would want. It partially repays the taxpayers by providing for 
acquiring an equity stake in participating firms. It does have real 
oversight.
  I am deeply disappointed that some very important provisions for 
which I fought were not included.
  The package should have been paid for with a repeal of tax breaks on 
the wealthy, and of giveaway tax benefits for oil companies and other 
big corporations and for the industry that caused this mess. The 
shareholders should have borne more of the cost of this package. They 
are the ones who profited, and they are the ones who should pay. I do 
not believe in privatizing profits while socializing risk. That's not 
capitalism, that's lemon socialism--the people get only the lemons.
  It is clear that the taxpayers will not be on the hook for the full 
$700 billion authorized, because the securities that will be acquired 
are not as worthless as the market now assumes, although we do not know 
how much they are really worth.
  I believe that the Bankruptcy Code should have been fixed so that 
families with predatory or subprime mortgages could restructure their 
mortgages. Mortgages are the only secured debts in bankruptcy that 
cannot be restructured. Investors can do it with their properties; The 
Senator from Arizona [Senator McCain] can do it with six of his seven 
houses; you can do it with airplanes, yachts, steel plants, or anything 
else. The only exception is the family home. That's wrong, and we 
should have fixed it in this bill.
  We need comprehensive regulatory reform in order to stave off the 
next financial catastrophe, and we need a President and regulators 
willing to enforce the laws we have on the books. The bill does not do 
that, but the next Congress must enact comprehensive regulatory reform. 
We need to take away from this experience the lesson I had thought the 
nation learned in 1929. Sound regulation in markets is necessary to 
maintain stability.
  So, as I said, I am angry that we are in a situation we could and 
should have avoided, and I am disappointed with the bill we are voting 
on today. I am especially angry that we are now at a point where, as 
unpopular as this is--and my constituents have told me that they do not 
like this any more than I do--we must act.
  The crisis is real and immediate. If the credit markets freeze, as 
they started to do last week, and as we are warned by almost all 
credible economists they will if we do not act, we will face a 
calamity. All economic activity dependent on credit will cease. 
Businesses will not get loans to expand or to meet their payrolls. 
Thousands of banks will fail, ATM machines will dispense no funds, 
credit cards will be worthless, millions will be thrown out of work, 
and we could face a repeat of the Great Depression of the 1930s. We 
cannot be certain this bill will stave off this calamity, but it might. 
When faced with a choice between a certainty of catastrophe and a 
possibility of averting a catastrophe, the choice is clear.
  Madam Speaker, I reluctantly support this legislation, and I urge my 
colleagues to do the same.
  Mr. HARE. Madam Speaker, I rise in support of the Emergency Economic 
Stabilization Act, and commend Speaker Pelosi, Chairman Frank, and all 
Members and staff of the House leadership and Financial Services 
Committee who worked tirelessly, spending untold hours negotiating this 
bill with their Senate counterparts, the President, Treasury, and the 
Federal Reserve.
  Madam Speaker, we as a nation find ourselves in an alarming financial 
crisis. But this crisis is bigger than a few failing banks or a stock 
market in disarray. It's more about family budgets than corporate 
balance sheets. Americans are losing their homes. Many are concerned 
about the future of their retirement savings. Some fear they won't have 
enough money to send their kids to college. The unwise and purely 
ideological decision to deregulate Wall Street has threatened our very 
way of life. It is with the best interests of working families in mind 
that I rise today to support this comprehensive rescue package. It is 
not a decision I made lightly.
  Madam Speaker, the original plan which President Bush proposed to 
Congress was completely unacceptable. It was nothing more than a $700 
billion handout to Wall Street. It gave unregulated authority to one 
person--the Secretary of the Treasury--to spend 700 billion of 
taxpayers' hard-earned dollars without any accountability. The 
President's plan did virtually nothing to prevent more Americans from 
losing their homes, and provided no return to the taxpayers responsible 
for funding it. Finally, the Bush Plan did nothing to limit executive 
compensation--known as golden parachutes--for top executives who made 
the disastrous decisions that helped lead to this crisis. At a time 
when we need to more closely regulate Wall Street, the President's 
package actually rewarded it.
  Under the leadership of Chairman Frank, a new bill was crafted to 
authorize, with strict independent oversight, limited funding to the 
Treasury to transparently buy the debts of troubled firms. This is not 
a gift. It is not a blank check. It is a loan. Any financial recovery 
that results from our action must be

[[Page 23149]]

shared with the taxpayers. We are loaning these banks money so they can 
resume lending to ordinary people--families who need help with their 
homes, cars and college tuition; farmers to continue to buy equipment, 
seed and fertilizer; and small town banks to deduct losses from 
investments in Fannie Mae and Freddie Mac.
  This bill also gives the government a financial stake in some of 
these firms, which means not only will taxpayers get their money back, 
but they will also have the opportunity to turn a profit. Additionally, 
this bill limits pay for the executives of the firms to which the 
Treasury loans. Unlike the Bush proposal, it does not reward corporate 
greed.
  Madam Speaker, this bill is certainly not perfect. While it does give 
the government some ability to protect homeowners facing foreclosure, I 
feel much more work needs to be done. My family lost its home growing 
up. It broke our hearts. Congress must continue its efforts to address 
the housing crisis, a large contributor to our current economic woes.
  In the final review of this bill, I believe the good outweighs the 
bad. It is a necessary step to protect Main Street from Wall Street. I 
urge all my colleagues to support it.
  Ms. SCHWARTZ. Madam Speaker, during the past 8 years, the economic 
policies of President Bush have failed American families and 
destabilized our nation's economy.
  Now my constituents and hard working families across this country are 
rightfully concerned about what this all means to them.
  Let us be clear--it is the Bush policies of deregulation, non-
existent oversight, disregard for our nation's infrastructure, 
irresponsible tax policies, and excessive deficit spending that 
exploded our national debt and lead us into the worst financial crisis 
since the Great Depression.
  The action we take today is difficult, but it is the responsible one. 
The potential downside for everyday Americans is simply too great not 
to act.
  The instability in the financial markets creates serious difficulty 
for every company seeking to meet payroll, every retirement plan 
seeking to meet their obligation to retirees, and every family who 
needs to borrow money for a car, for college, for a home, or for just 
getting by.
  My constituents want to trust Washington to do the right thing to 
turn the economy around, but they want us to protect their interests 
and address their everyday concerns.
  That is why the American people and members of Congress were appalled 
when President Bush asked us to hand over $700 billion with no 
oversight, no accountability, and no reforms to the fundamentally 
flawed policies that allowed this crisis to occur.
  Because of Democratic leadership, this economic recovery proposal is 
fundamentally different than the proposal first brought to us by 
President Bush.
  We now have an economic recovery proposal that will protect the 
interests of hardworking Americans by:

       Restoring investor confidence in our economy and the 
     financial markets;
       Protecting taxpayers by requiring full transparency of 
     actions taken by the Treasury Secretary, creating a strong 
     oversight board appointed by Congress, and establishing an 
     independent Inspector General to guarantee compliance;
       Ensuring fiscal responsibility by making resources 
     available in installments that require Congressional and 
     Presidential approval, and guaranteeing that the financial 
     services industry repays any losses to the U.S. Treasury;
       Helping distressed homeowners avoid foreclosure by 
     facilitating loan modifications; and
       Limiting the compensation for the corporate executives that 
     created this crisis, by eliminating multi-million dollar 
     golden parachutes.

  Responsible action to stabilize our economy is required and warrants 
bipartisan support. But, efforts to rebuild our economy cannot stop 
here.
  Moving forward we must focus on the regulation of our financial 
markets, strong enforcement, and sound fiscal policies in government 
and in the private sector that are all necessary to restore the economy 
to one of prosperity, opportunity and growth--not just for a few--but 
for all Americans.
  Ms. DeGETTE. Madam Speaker, after careful review of this package, I 
rise today to support the ``Emergency Economic Stabilization Act of 
2008.''
  While I am hesitant about putting taxpayers on the hook for the 
mistakes of Wall Street, doing nothing is simply not an option. No one 
likes this bill, but without it, credit markets would seize up, more 
companies would have trouble making payroll, consumers would be unable 
to get loans for cars and homes and credit cards, their pensions would 
deteriorate, and the crisis in our financial markets would spread to 
the entire economy and across the globe.
  This bill will not fix our troubled economy on its own, and we have 
much work ahead of us to reform our financial regulatory system. But 
our Nation's top economic experts have concluded that without this 
legislation our economic problems would have gotten much worse.
  This bill is a vast improvement from President Bush's initial 
proposal, which contained no oversight, no protections for taxpayers, 
and amounted to a blank check to the Treasury Department.
  But working in a bipartisan fashion, Congress was able to agree on a 
compromise that includes rigorous oversight and transparency, provides 
funding in installments subject to congressional review, and prevents 
golden parachutes for CEOs that drive their companies into the ground. 
This legislation will inject liquidity into the credit markets so 
businesses and consumers can continue to utilize their credit and keep 
our economy moving.
  Madam Speaker, I hope that following passage of this bill, with a new 
president in office, Congress can begin work on a comprehensive, top-
to-bottom review of our Nation's financial laws, and enact meaningful 
reform that prevents the abuses we have seen in recent years.
  Mr. STARK. Madam Speaker, I rise today to oppose H.R. 3997, the 
Emergency Economic Stabilization Act of 2008.
  President Bush tells us that we face unparalleled financial doom if 
this $700 billion bailout is not approved today. He and his Treasury 
Secretary--a former Wall Street fat cat--tell us that we have reached 
the point of ``crisis.'' That is a familiar line from this President. 
It sounds like the disastrous rush to war in Iraq and the subsequent 
stampede to enact the Patriot Act. As I opposed the Iraq War and the 
Patriot Act, I stand in opposition to his latest rush to judgment.
  We are not in a sudden crisis. It has been building over the past 8 
years of the Bush Administration. Lax oversight of the financial 
industry ballooned into a house of cards.
  Homeowners throughout the country have seen property values decline 
as their mortgage rates adjusted upward. As a result, millions of 
people across our country have already lost their homes to foreclosure 
and many more are on the way.
  It is easy to blame consumers for purchasing homes they couldn't 
afford. However, these consumers weren't informed of the extreme risk 
they were assuming. Creative financiers invented a market for these 
risky mortgages and preyed upon consumers by peddling the American 
dream of homeownership to make that market flourish.
  While those were poor choices by consumers, they pale in comparison 
to the irresponsible bets made on Wall Street. These mortgages and 
their declining collateral values are the root of this financial 
crisis.
  We now face a choice. President Bush tells us we must inject $700 
billion into this market to avoid a total meltdown. He and Secretary 
Paulson say it is the only answer. Many economists--who don't have a 
financial stake in Wall Street or an 8-year record of bad decisions--
tell us it isn't the only choice. An option would be to assist 
homeowners with their mortgage payments. By making sure these mortgages 
remain viable, the market should stabilize.
  The bill before us today is basically the same three-page Wall Street 
give away first put forth by President Bush. The fig leaf adjustments 
are not enough to outweigh the fact that, no one knows if this bill is 
what's needed. I'm not willing to make a $700 billion gamble that 
President Bush is right after 8 years of seeing all that he's done 
wrong.
  Mr. NEAL of Massachusetts. Madam Speaker, I rise today in support of 
the Emergency Economic Stabilization Act of 2008. I want to applaud the 
work of my friend, Chairman Barney Frank, in negotiating this agreement 
on behalf of the House. Compared with the proposal of a week ago from 
the Bush administration, this agreement has much improved.
  I have already heard from a number of my constituents this morning 
who oppose the bill and I understand their opposition. I think it is 
clear that we are not done with this matter. There is more to do, and 
even under this bill, Congress will revisit the agreement in 5 years to 
determine whether the taxpayers are due some repayment from the 
industry saved by this bailout.
  At this time, though, it is important that we proceed forward with 
this limited authority, which is only provided with substantial 
oversight. It is an appropriate balance and that is why I will support 
the bill.
  But as I said, there is more to be done. John F. Kennedy said that 
victory has a thousand fathers, but defeat is an orphan. It is true

[[Page 23150]]

that no one has stepped forward to claim responsibility for the 
economic quandary we find ourselves in. But if we simply look back to 
the last time the financial services industry teetered on the brink of 
disaster, we can see roots that lead to the crisis we confront today.
  A decade ago, Long Term Capital Management, a billion-dollar hedge 
fund lost half its value due to sour derivative contracts and the 
Federal Reserve Chairman had to arrange a bailout. Complexity is the 
name of the game in the derivatives market, and that fact has not 
changed over the last decade. Derivatives are financial products with a 
value derived from an underlying asset, such as a stock or commodity. 
The accounting and tax rules regarding these products, though, are 
anything but clear and that part of the game has also not changed over 
the last decade.
  I am concerned about one section of the bill we are considering today 
which would grant the SEC authority to suspend mark-to-market 
accounting. This accounting rule requires companies to declare the 
market value of assets. With financial products, this may differ from 
the purchase price. Plus, the value might be hard to determine until 
the contract expires some time in the future. However, in valuing 
derivatives, I believe it is important that there be transparency in 
the market, and mark-to-market accounting is probably the closest to 
the actual value and is therefore, an essential tool for investors. 
Think of it this way: if someone asked you for a loan and their only 
asset is their house which could be sold for $100,000, would you care 
that they had paid $200,000 for it a year ago?
  Should we care about accounting rules for derivatives? Well, clearly 
yes. It would be easy to assume regulators are taking care of these 
issues, but recent events show us that is not the case. It would be 
easy for us to dismiss the threat of derivatives since only 
sophisticated investors hold them, but as Warren Buffet warned in 2002, 
``Derivates are financial weapons of mass destruction, carrying dangers 
that, while now latent, are potentially lethal.''
  In March, the Ways and Means Subcommittee on Select Revenue Measures, 
which I chair, held a hearing on the taxation of derivatives. At that 
hearing, I referred to the threat of AIG directly as one reason our 
hearing was timely. AIG had just the week before devalued its holdings 
by $5 billion because of one complex derivative--the credit default 
swap. I asked the Treasury Department, which appeared before my 
subcommittee that day, what guidance we might expect on the appropriate 
tax treatment of credit default swaps, since in their absence, 
investors were free to choose whatever seemed most convenient. Treasury 
said it was still under review.
  Taxpayers and investors need clarity in the market with respect to 
these complex products. While some may blame mark-to-market accounting 
for the problems of individual companies, it merely exposed that these 
companies were holding worthless paper. And I believe news like that is 
better known earlier rather than later, and to all investors, not just 
insiders.
  The global market for derivatives exceeds $500 trillion in notional 
value, according to the Bank for International Settlements. Hedging 
risks via derivatives is a normal practice of businesses, but the 
``Wild West'' trading in these products must be addressed by regulation 
and transparency. Of course, all businesses would prefer to choose 
whichever accounting method makes them look the most profitable to 
investors and the least profitable to the IRS. But we need consistent 
rules and a system of valuing businesses which is fair to investors, 
regulators, and the tax collector.
  A decade ago, I stood on the floor lamenting the near-crisis that 
Long Term Capital Management had created. I chastised Congress for 
ignoring the request of the regulator, CFTC, which had asked for more 
oversight over derivatives. Since then, we have seen Enron collapse and 
now our current crisis. Will things be different this time? I certainly 
hope that is the case. But changing the accounting rules mid-game, I 
believe, is a move in the wrong direction. I hope that the SEC will 
take the long view on this and study the issue before reversing any 
current accounting rules meant to provide greater transparency.
  In 1999, I filed legislation to strengthen the constructive ownership 
rules so that investors in a hedge fund via a derivative could not 
avoid current taxation on income earned. This legislation was directly 
aimed at Long Term Capital Management and based on legislation my 
colleague and friend Representative Barbara Kennelly had previously 
filed. In 2002, I filed legislation to end the game of corporations 
betting on their own stock via derivatives. The Tax Code does not allow 
corporations to claim gains or losses when trading in its own stock, 
but that provision can be avoided through derivative transactions. This 
year, I filed legislation to require current taxation on prepaid 
forward contracts, as investors had been taking the position that no 
taxation was appropriate until the end of the contract, which could be 
30 years hence.
  I will continue my efforts to bring transparency to these products 
and to end the tax game on derivatives. Further, this bill affords us 
the opportunity to implement a regulatory structure that will result in 
a healthier market. On both fronts, I hope we will see action.
  Mr. EDWARDS of Texas. Madam Speaker, having opposed the original 
Paulson plan, I will vote for the bipartisan economic recovery bill for 
two reasons. First, I believe our economy is dangerously close to a 
meltdown that could dramatically increase unemployment, hurt family 
businesses and put the retirement security of millions of working 
families and seniors at risk. Second, a number of taxpayer protections 
were added to the new bill, so that the cost of this bill will be 
ultimately paid by Wall Street and not by everyday citizens.
  Had it not been for the ill-advised banking deregulation law passed 
in 1999, which I opposed, we would not be in this economic mess today. 
I hope some of the greedy Wall Street executives who have put our 
economy at risk will end up in: prison, but in the meantime we have a 
responsibility to try to stabilize our economy for the benefit of 
families and businesses on Main Street.
  Unlike the original Paulson proposal, which had no oversight and very 
little protection for taxpayers, this bipartisan bill includes a number 
of key improvements in it. First, it cuts in half--from $700 billion to 
$350 billion--the funding available to Secretary Paulson without 
additional congressional approval. Second, the bill sets up an 
extensive, independent oversight process rather than giving Mr. Paulson 
complete control of the funds. Third, and this is important, the bill 
says that after 5 years, any taxpayer costs not recouped by the sale of 
government purchased assets must be repaid by financial services 
corporations, not by everyday taxpayers. Fourth, the bill cracks down 
on any new golden parachutes for executives whose companies benefit 
from this bill.
  There is no guarantee that this bill will prevent a recession, 
because our economy faces a lot of challenges right now, but I believe 
a failure to pass recovery legislation could potentially start a 
downward economic spiral that could put millions of jobs and families 
at risk. I am angered that Wall Street greed has put us in this' 
position, but as imperfect as this bill is, I believe the risk of 
inaction is far greater for our country and everyday citizens than the 
risk of this action.
  Ms. HARMAN. Madam Speaker, recklessness on Wall Street and 
fecklessness in Washington have brought the American economy to the 
brink of disaster. Mounting corporate debts and collapsing real estate 
markets have all but frozen the flow of credit that is the life-blood 
of our system.
  It is now clear that without immediate and dramatic action, we face 
an economic calamity--not just for Wall Street, but for small 
businesses, communities, and families around the country.
  But while I agree that quick action is necessary, the Treasury 
Department's original three-page proposal--in essence ``Dear Congress, 
please send a $700 billion blank check, love, Hank.''--was a 
nonstarter.
  We have come a long way in the past week, thanks mostly to tough 
negotiations by Democrats and the inclusion of improvements demanded by 
Senator Obama, my constituents, and others. The result is legislation 
that I can support.
  The bill addresses the concerns of three important groups: families 
who are struggling to stay in their homes; small businesses and their 
employees; and taxpayers.
  First, the legislation requires that the government renegotiate the 
terms, including principal, interest rates, or duration, of any 
mortgage owned in whole or in part by the Federal Government to prevent 
foreclosures and keep people in their homes. These provisions are 
vitally important.
  The Government now controls Fannie Mae and Freddie Mac, which 
together own or back nearly 50 percent of the mortgages in America, and 
will be purchasing many thousands of new mortgages or shares of 
mortgages under this bill. The bill requires that the Government use 
its new market power to rework many of the flawed mortgages that are at 
the heart of this crisis. Done right, this effort can help families 
avoid the wrenching experiences of foreclosure and bankruptcy.
  Second, it will allow all financial entities--big banks, regional 
banks, and local community banks--to sell off the toxic assets that 
have crippled the credit markets.
  It also allows a 1-year write-off of losses stemming from the 
Government takeover of

[[Page 23151]]

Fannie Mae and Freddie Mac, removing a major burden from the financial 
hubs of our communities.
  This means capital that breathes life into our economy will flow not 
just to Wall Street, but to Artesia, Sepulveda, and Rosecrans 
Boulevards. As one of my constituents, a former auto mechanic, puts it: 
``If there's no oil in the engine, the car won't run. You have to put 
the oil in from the top and clean the parts from the bottom.''
  Third, the bill includes a number of provisions intended to minimize 
the costs to taxpayers. It requires that the Government buy assets, 
rather than merely cover corporate losses. These assets give the 
Government an equity stake in the companies it helps--like the stake 
Warren Buffett just bought in Goldman Sachs. Just like Buffett, 
taxpayers will profit from increases in these companies' stock prices 
when the economy recovers.
  The bill includes tough new oversight and transparency provisions, 
including an oversight board appointed by Congress. It provides funding 
in installments--$250 billion at first; $100 billion after the 
President certifies that it's necessary; and the final $350 billion 
only if Congress allows funding to continue. It limits executive 
compensation and bans so-called ``golden parachutes'' for companies 
participating in the program.
  And, if after 5 years the program has resulted in a loss to the 
Federal Government, the President must propose a fee on financial 
services companies to recoup the costs of the program. This means that 
those whose greed caused the problem will pay for it.
  The bill is by no means perfect. Among other things, my preference 
would have been to include provisions that allow bankruptcy judges to 
rewrite mortgages of primary homes. But as a mother of four and now 
grandmother of three, I know life requires compromise.
  Our action today does not mark the end of America's financial peril. 
Critical next steps must include substantial reform of the financial 
regulatory system, a task that will be a priority for a Democratic 
President and a larger Democratic majority in Congress.
  But passage of this bill, I am now convinced, is urgent and necessary 
to reassure the American people and global financial markets that our 
economy is secure and major reforms are coming.
  Mr. ROHRABACHER. Madam Speaker, today's vote reaffirms the 
independence of Congress and makes it clear that we will not be 
stampeded into spending hundreds of billions of taxpayer dollars in a 
precipitous manner. This legislation would have directed $700 billion 
of the people's money to bailout rich and powerful interests who acted 
irresponsibly. It would have been a classic example of taking from 
those who have been responsible and giving it to those who have not.
  We were told without this effort our country would suffer a financial 
calamity of historic proportion. However, Congress has spoken, and 
today's defeat of the bill is a rebuke of such scare tactics. These 
tactics made many of us even more skeptical of being rushed to act, 
especially when we are being asked to allocate hundreds of billions of 
taxpayer dollars.
  There were no reforms included in the bill that would have addressed 
the initial root causes of this financial mess, so there is no reason 
to believe if we passed the bill that we would not find ourselves in a 
similar crisis and on the edge of a similar economic abyss over and 
over again. The elites in the financial industry wanted us to give them 
a blank check. Well, that's not responsible, and it doesn't take a 
financial genius to predict the resulting special interests feeding 
frenzy. Whether this feeding would ever avert an economic debacle is 
yet to be seen.
  Effective reform takes time, commitment, and cooperation, which were 
obviously not a part of this speeded up, hysteria driven proposal. I 
remain willing to work with all of my colleagues in the House to fix 
our broken financial system. In the end, this bailout proposal was 
socialism for the rich, or better, socialism without a human face. It 
deserved to be defeated.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1517, the previous question is ordered.
  The question is on the motion by the gentleman from Massachusetts 
(Mr. Frank).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LINDER. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, this 15-
minute vote on the motion to concur with an amendment will be followed 
by a 5-minute vote on the motion to suspend the rules and pass H.R. 
7175, if ordered.
  The vote was taken by electronic device, and there were--ayes 205, 
noes 228, not voting 1, as follows:

                             [Roll No. 674]

                               AYES--205

     Ackerman
     Allen
     Andrews
     Arcuri
     Bachus
     Baird
     Baldwin
     Bean
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Brady (PA)
     Brady (TX)
     Brown (SC)
     Brown, Corrine
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capps
     Capuano
     Cardoza
     Carnahan
     Castle
     Clarke
     Clyburn
     Cohen
     Cole (OK)
     Cooper
     Costa
     Cramer
     Crenshaw
     Crowley
     Cubin
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Tom
     DeGette
     DeLauro
     Dicks
     Dingell
     Donnelly
     Doyle
     Dreier
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Everett
     Farr
     Fattah
     Ferguson
     Fossella
     Foster
     Frank (MA)
     Gilchrest
     Gonzalez
     Gordon
     Granger
     Gutierrez
     Hall (NY)
     Hare
     Harman
     Hastings (FL)
     Herger
     Higgins
     Hinojosa
     Hobson
     Holt
     Honda
     Hooley
     Hoyer
     Inglis (SC)
     Israel
     Johnson, E. B.
     Kanjorski
     Kennedy
     Kildee
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Kline (MN)
     LaHood
     Langevin
     Larsen (WA)
     Larson (CT)
     Levin
     Lewis (CA)
     Lewis (KY)
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McCrery
     McDermott
     McGovern
     McHugh
     McKeon
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Miller (NC)
     Miller, Gary
     Miller, George
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pelosi
     Perlmutter
     Peterson (PA)
     Pickering
     Pomeroy
     Porter
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Rangel
     Regula
     Reyes
     Reynolds
     Richardson
     Rogers (AL)
     Rogers (KY)
     Ross
     Ruppersberger
     Ryan (OH)
     Ryan (WI)
     Sarbanes
     Saxton
     Schakowsky
     Schwartz
     Sessions
     Sestak
     Shays
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (TX)
     Smith (WA)
     Snyder
     Souder
     Space
     Speier
     Spratt
     Tancredo
     Tanner
     Tauscher
     Towns
     Tsongas
     Upton
     Van Hollen
     Velazquez
     Walden (OR)
     Walsh (NY)
     Wasserman Schultz
     Waters
     Watt
     Waxman
     Weiner
     Weldon (FL)
     Wexler
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wolf

                               NOES--228

     Abercrombie
     Aderholt
     Akin
     Alexander
     Altmire
     Baca
     Bachmann
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Becerra
     Berkley
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blumenauer
     Boustany
     Boyda (KS)
     Braley (IA)
     Broun (GA)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Butterfield
     Buyer
     Capito
     Carney
     Carson
     Carter
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clay
     Cleaver
     Coble
     Conaway
     Conyers
     Costello
     Courtney
     Cuellar
     Culberson
     Cummings
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Deal (GA)
     DeFazio
     Delahunt
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doggett
     Doolittle
     Drake
     Duncan
     Edwards (MD)
     English (PA)
     Fallin
     Feeney
     Filner
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Gallegly
     Garrett (NJ)
     Gerlach
     Giffords
     Gillibrand
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Hall (TX)
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herseth Sandlin
     Hill
     Hinchey
     Hirono
     Hodes
     Hoekstra
     Holden
     Hulshof
     Hunter
     Inslee
     Issa
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Kagen
     Kaptur
     Keller
     Kilpatrick
     King (IA)
     Kingston
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lee
     Lewis (GA)
     Linder
     Lipinski
     LoBiondo
     Lucas
     Lynch
     Mack
     Manzullo
     Marchant
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McHenry
     McIntyre
     McMorris Rodgers
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Mitchell
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Napolitano
     Neugebauer
     Nunes
     Ortiz
     Pascrell
     Pastor
     Paul
     Payne
     Pearce
     Pence
     Peterson (MN)
     Petri
     Pitts
     Platts
     Poe
     Price (GA)
     Ramstad
     Rehberg
     Reichert
     Renzi
     Rodriguez
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam

[[Page 23152]]


     Rothman
     Roybal-Allard
     Royce
     Rush
     Salazar
     Sali
     Sanchez, Linda T.
     Sanchez, Loretta
     Scalise
     Schiff
     Schmidt
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Shadegg
     Shea-Porter
     Sherman
     Shimkus
     Shuler
     Shuster
     Smith (NE)
     Smith (NJ)
     Solis
     Stark
     Stearns
     Stupak
     Sullivan
     Sutton
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Thornberry
     Tiahrt
     Tiberi
     Tierney
     Turner
     Udall (CO)
     Udall (NM)
     Visclosky
     Walberg
     Walz (MN)
     Wamp
     Watson
     Welch (VT)
     Westmoreland
     Whitfield (KY)
     Wittman (VA)
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                             NOT VOTING--1

     Weller

                              {time}  1407

  Messrs. SULLIVAN and RUSH changed their vote from ``aye'' to ``no.''
  Mr. RADANOVICH changed his vote from ``no'' to ``aye.''
  So the motion was rejected.
  The result of the vote was announced as above recorded.


                         Parliamentary Inquiry

  Mr. BARTON of Texas. Madam Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his parliamentary 
inquiry.
  Mr. BARTON of Texas. As the vote currently stands, the ``noes'' have 
it, and I am on the prevailing side.
  If I were to move to reconsider, when would the Chair bring the bill 
back up?
  The SPEAKER pro tempore. The motion to reconsider would be 
entertained and disposed of at this time.
  Mr. BARTON of Texas. It would be immediately. Is that not at the 
discretion of the Chair?
  The SPEAKER pro tempore. If the motion is offered, the Chair will put 
the question.
  Mr. BARTON of Texas. Madam Speaker, I withdraw.
  The SPEAKER pro tempore. Without objection, the motion to reconsider 
is laid upon the table.
  There was no objection.

                          ____________________




           SMALL BUSINESS FINANCING IMPROVEMENTS ACT OF 2008

  The SPEAKER pro tempore. The unfinished business is the question on 
suspending the rules and passing the bill, H.R. 7175.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Velazquez) that the House suspend the 
rules and pass the bill, H.R. 7175.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.


                             Recorded Vote

  Mr. CHABOT. Madam Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This is a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 374, 
noes 6, not voting 53, as follows:

                             [Roll No. 675]

                               AYES--374

     Abercrombie
     Aderholt
     Akin
     Alexander
     Allen
     Altmire
     Andrews
     Arcuri
     Bachmann
     Bachus
     Baird
     Baldwin
     Barrett (SC)
     Barrow
     Bartlett (MD)
     Barton (TX)
     Bean
     Becerra
     Biggert
     Bilbray
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Blackburn
     Blumenauer
     Blunt
     Boehner
     Bonner
     Bono Mack
     Boozman
     Boren
     Boswell
     Boucher
     Boustany
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Brady (TX)
     Braley (IA)
     Brown (SC)
     Brown, Corrine
     Brown-Waite, Ginny
     Buchanan
     Burton (IN)
     Butterfield
     Campbell (CA)
     Cannon
     Cantor
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Carson
     Carter
     Castle
     Castor
     Cazayoux
     Chabot
     Chandler
     Childers
     Clarke
     Clyburn
     Coble
     Cohen
     Cole (OK)
     Conaway
     Cooper
     Costa
     Courtney
     Crowley
     Cubin
     Cuellar
     Culberson
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     DeFazio
     DeGette
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Doggett
     Donnelly
     Doolittle
     Doyle
     Drake
     Dreier
     Duncan
     Edwards (MD)
     Edwards (TX)
     Ehlers
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     English (PA)
     Eshoo
     Etheridge
     Fallin
     Farr
     Fattah
     Feeney
     Ferguson
     Filner
     Forbes
     Fortenberry
     Fossella
     Foster
     Foxx
     Frank (MA)
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Giffords
     Gilchrest
     Gillibrand
     Gingrey
     Gohmert
     Gonzalez
     Goodlatte
     Gordon
     Granger
     Graves
     Green, Al
     Hall (NY)
     Hall (TX)
     Hare
     Harman
     Hastings (FL)
     Hayes
     Heller
     Hensarling
     Herger
     Herseth, Sandlin
     Higgins
     Hill
     Hinchey
     Hirono
     Hodes
     Hoekstra
     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)
     Jordan
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (IA)
     King (NY)
     Kingston
     Kirk
     Klein (FL)
     Kline (MN)
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Langevin
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Latta
     Lee
     Levin
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lungren, Daniel E.
     Lynch
     Mack
     Mahoney (FL)
     Maloney (NY)
     Manzullo
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (CA)
     McCarthy (NY)
     McCaul (TX)
     McCotter
     McCrery
     McDermott
     McGovern
     McHenry
     McHugh
     McIntyre
     McKeon
     McMorris Rodgers
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Mica
     Michaud
     Miller (FL)
     Miller (MI)
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (KS)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Musgrave
     Myrick
     Napolitano
     Neal (MA)
     Neugebauer
     Nunes
     Oberstar
     Obey
     Olver
     Ortiz
     Pallone
     Pascrell
     Pastor
     Payne
     Pearce
     Pence
     Perlmutter
     Peterson (MN)
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Pomeroy
     Porter
     Price (GA)
     Price (NC)
     Pryce (OH)
     Putnam
     Radanovich
     Rahall
     Ramstad
     Regula
     Rehberg
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Rohrabacher
     Ros-Lehtinen
     Roskam
     Ross
     Rothman
     Roybal-Allard
     Royce
     Ruppersberger
     Rush
     Ryan (OH)
     Ryan (WI)
     Salazar
     Sali
     Sanchez, Linda T.
     Sarbanes
     Saxton
     Scalise
     Schakowsky
     Schiff
     Schmidt
     Schwartz
     Scott (GA)
     Scott (VA)
     Sensenbrenner
     Serrano
     Sessions
     Sestak
     Shadegg
     Shays
     Shea-Porter
     Sherman
     Shuler
     Shuster
     Sires
     Skelton
     Slaughter
     Smith (NE)
     Smith (NJ)
     Smith (TX)
     Smith (WA)
     Solis
     Souder
     Space
     Speier
     Spratt
     Stearns
     Sullivan
     Sutton
     Tanner
     Tauscher
     Taylor
     Terry
     Thompson (CA)
     Thompson (MS)
     Tiahrt
     Tiberi
     Tierney
     Towns
     Tsongas
     Turner
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walberg
     Walden (OR)
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Westmoreland
     Whitfield (KY)
     Wilson (NM)
     Wilson (OH)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Woolsey
     Wu
     Yarmuth
     Young (AK)
     Young (FL)

                                NOES--6

     Bishop (UT)
     Broun (GA)
     Flake
     Goode
     Paul
     Poe

                             NOT VOTING--53

     Ackerman
     Baca
     Berkley
     Berman
     Berry
     Burgess
     Buyer
     Calvert
     Camp (MI)
     Capito
     Clay
     Cleaver
     Conyers
     Costello
     Cramer
     Crenshaw
     Delahunt
     Everett
     Gallegly
     Green, Gene
     Grijalva
     Gutierrez
     Hastings (WA)
     Hinojosa
     Hobson
     Holden
     Hulshof
     Keller
     Knollenberg
     LaHood
     Linder
     Lucas
     Marchant
     McCollum (MN)
     McNulty
     Miller, Gary
     Miller, George
     Nadler
     Rangel
     Sanchez, Loretta
     Shimkus
     Simpson
     Snyder
     Stark
     Stupak
     Tancredo
     Thornberry
     Udall (CO)
     Wamp
     Welch (VT)
     Weldon (FL)
     Weller
     Wexler

                              {time}  1417

  So (two-thirds being in the affirmative) the rules were suspended and 
the bill was passed.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated for:
  Mr. GUTIERREZ. Madam Speaker, I was unavoidably absent from this 
Chamber for a short period today. I would like the Record to show that, 
had I been present, I would have voted ``yea'' on rollcall vote 675.

                          ____________________




    COMMUNICATION FROM CHAIRMAN OF COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

  The SPEAKER pro tempore laid before the House the following 
communication from the chairman of the

[[Page 23153]]

Committee on Transportation and Infrastructure; which was read and, 
without objection, referred to the Committee on Appropriations:
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 27, 2008.
     Hon. Nancy Pelosi,
     Speaker of the House, House of Representatives, Washington, 
         DC.
       Dear Madam Speaker: On September 24, 2008, the Committee on 
     Transportation and Infrastructure met in open session to 
     consider 28 resolutions for the U.S. Army Corps of Engineers, 
     in accordance with 33 U.S.C. Sec. 542. The resolutions 
     authorize Corps surveys (or studies) of water resources needs 
     and possible solutions. The Committee adopted the resolutions 
     by voice vote with a quorum present.
       Enclosed are copies of the resolutions adopted by the 
     Committee.
           Sincerely,
                                                James L. Oberstar.
       Enclosure.

        Resolution--Docket 2791--Anderson County, South Carolina

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Savannah River, Georgia, published in 
     House Document 657, 78th Congress, and other pertinent 
     reports, to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction, and 
     other allied purposes for Anderson County, South Carolina and 
     contiguous areas.

     Resolution--Docket 2792--Gulf Intracoastal Waterway Shoreline 
                         Protection, Louisiana

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Ammy review the reports of the 
     Chief of Engineers on the Mermentau River published in Senate 
     Document 231, 79th Congress, Second Session; on the 
     Vermillion and Bayou Teche, Louisiana, published in Senate 
     Document 93, 77th Congress, First Session; and the 
     unpublished report of the Chief of Engineers on Calcasieu 
     River submitted to Congress August 25, 1949; and other 
     pertinent reports, related to the Gulf Intracoastal Waterway 
     to determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of providing shoreline protection, and other allied 
     purposes along the Gulf Intracoastal Waterway in Calcasieu, 
     Cameron, and Vermillion Parishes, Louisiana.

   Resolution--Docket 2793--St. Landry and Acadia Parishes, Louisiana

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Mermentau River published in Senate 
     Document 231, 79th Congress, Second Session, and other 
     pertinent reports, to determine whether any modifications of 
     the recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction, 
     environmental restoration, recreation, and other related 
     purposes in the vicinity of St. Landry and Acadia Parishes, 
     Louisiana.

 Resolution--Docket 2794--Vinton Harbor and Terminal District, Vinton, 
                               Louisiana

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the unpublished report 
     of the Chief of Engineers on Calcasieu River submitted to 
     Congress August 25, 1949, and other pertinent reports, to 
     determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of flood damage reduction, environmental 
     restoration, navigation, and other related purposes in 
     Calcasieu Parish, Louisiana, between the City of Vinton and 
     the Gulf Intracoastal Waterway.

Resolution--Docket 2795--Mermentau River Basin, Abbeville/Lake Charles, 
                               Louisiana

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Mermentau River published in Senate 
     Document 231, 79th Congress, Second Session, and other 
     pertinent reports, to determine whether any modifications of 
     the recommendations contained therein are advisable at the 
     present time in the interest of environmental restoration, 
     flood damage reduction, recreation, and other related 
     purposes in Vermillion, Cameron, and Calcasieu Parishes, 
     Louisiana.

  Resolution Docket 2796--Sunbury, Northumberland County, Pennsylvania

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Susquehanna River in Sunbury, 
     Pennsylvania, published as House Document 366, 76th Congress, 
     First Session, and other pertinent reports, to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present time in the interest of 
     watershed management, flood damage reduction, streambank 
     stabilization, environmental restoration, recreation, and 
     other related purposes for the Susquehanna River, Sunbury, 
     Pennsylvania.

Resolution--Docket 2797--Line Creek Watershed, Kansas City, Kansas and 
                                Missouri

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Missouri River and Tributaries at Kansas 
     City, Missouri and Kansas, published as House Document 342, 
     78th Congress, and other pertinent reports, to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present rime in the interest of 
     watershed management, flood damage reduction, environmental 
     restoration, recreation, and other related purposes for the 
     Line Creek watershed, Kansas City, Missouri.

       Resolution--Docket 2798--Turtle Creek Basin, Pennsylvania

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Turtle Creek Basin, Pennsylvania, 
     published as House Document 390, 89th Congress, and other 
     pertinent reports, to determine whether any modifications of 
     the recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction, 
     including structural and non-structural measures, stream bank 
     protection, storm water management, and watershed management 
     for the Turtle Creek Basin, Pennsylvania.

    Resolution--Docket 2799--Upper Susquehanna River Basin, New York

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Susquehanna River, New York, 
     Pennsylvania, and Maryland, published as House Document 702, 
     77th Congress, and other pertinent reports, to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present time in the interest of 
     flood damage reduction, including an evaluation of the 
     effectiveness of the existing flood control system in light 
     of current and projected future conditions, and in the 
     interest of comprehensive watershed management, including 
     environmental restoration, structural and non-structural 
     flood damage reduction, and related purposes for the Upper 
     Susquehanna River Basin, within Tioga, Broome, Chenago, 
     Cortland, Otsego, Delaware, Schoharie, Herkimer, Oneida, 
     Madison, Onondaga, Tompkins, Schuyler, and Chemung Counties, 
     New York.

  Resolution--Docket 2800--Mohican River (Black and Rocky Forks), Ohio

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Ohio River, published as House Document 
     306, 74th Congress, First Session, and other pertinent 
     reports, to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction and 
     other related purposes within the Black Fork and Rocky Fork 
     sub-watersheds of the Mohican River in Richland County, 
     Mansfield and Shelby, Ohio.

      Resolution--Docket 2801--Morgan and Scott Counties, Illinois

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Illinois River and Tributaries, 
     Wisconsin, Indiana, and Illinois, published as House Document 
     472, 87th Congress, Second Session, and other pertinent 
     reports, to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time including an evaluation of existing federal and 
     non-federal levees, in the interest of flood damage 
     reduction, environmental restoration, recreation, and other 
     related purposes, in Morgan and Scott Counties, Illinois.

             Resolution--Docket 2802--Henry County, Georgia

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Altamaha, Oconee, and Ocmulgee Rivers, 
     Georgia, published in accordance with House Docket Number 68, 
     81st Congress, and other related reports to determine whether 
     any modifications of the recommendations contained therein 
     are advisable at the present time in

[[Page 23154]]

     the interest of flood damage reduction, environmental 
     restoration, and other allied purposes, for Henry County, 
     Georgia and contiguous areas.

     Resolution--Docket 2803--Blue River Basin, Missouri and Kansas

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Blue River Basin in Missouri and Kansas, 
     published as House Document 332, 91st Congress, and other 
     pertinent reports, to determine whether any modifications of 
     the recommendations contained therein are advisable at the 
     present time in the interest of a flood damage reduction, 
     environmental restoration, recreation, and other related 
     purposes for the Blue River Basin, City of Kansas City, 
     Missouri, and Johnson County, Kansas.

             Resolution--Docket 2804--Kansas River, Kansas

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Kansas River and Tributaries, Kansas, 
     authorized in accordance with House Document 642, 81st 
     Congress, 2nd Session, and other related reports to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present time in the interest of 
     streambank erosion control in the Kansas River, Kansas.

 Resolution--Docket 2805--Pritchard Intermodal Facility, West Virginia

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Ohio River and Tributaries, Pennsylvania, 
     Ohio and West Virginia, published as accordance with House 
     Documents Numbered 492, 60th Congress and 306, 74th Congress, 
     1st Session, and House Committee on Flood Control Document 1, 
     75th Congress, 1st Session, and other pertinent reports to 
     determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of extending commercial navigation access on the Big 
     Sandy River to Mile 18.0 through Cabell, and Wayne Counties 
     in West Virginia and Boyd and Lawrence Counties in Kentucky.

          Resolution--Docket 2806--Bucks County, Pennsylvania

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Delaware River and Tributaries, 
     Pennsylvania, New Jersey and New York, authorized in 
     accordance with House Document 522, 87th Congress, 2nd 
     Session, and other pertinent reports, to determine whether my 
     modifications of the recommendations contained therein are 
     advisable at the present time in the interest of flood damage 
     reduction, environmental restoration, regional sediment 
     management, water quality control, recreation, and other 
     allied purposes, in Bucks County Streams, Pennsylvania.

        Resolution--Docket 2807--Wissahickon Creek, Pennsylvania

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Schuylkill River, Pennsylvania, published 
     as House Document 529, 89th Congress, and the report of the 
     Chief of Engineers on the Delaware River, Delaware, 
     authorized in accordance with House Document 522, 87th 
     Congress, as it relates to the Wissahickon Creek, and other 
     related reports to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction, 
     environmental restoration, regional sediment management, 
     water supply, recreation, water quality, and other allied 
     purposes, in the Wissahickon Creek, Pennsylvania.

 Resolution--Docket 2808--San Lorenzo Creek, Alameda County, California

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the San Lorenzo Creek, California, authorized 
     in accordance with Section 203 of the Flood Control Act of 
     1954 (Public Law 780), and House Document 452, 83rd Congress, 
     2nd Session, and other pertinent reports to determine whether 
     any modifications of the recommendations contained therein 
     are advisable at the present time in the interest of flood 
     damage reduction and other allied purposes, in San Lorenzo 
     Creek, Alameda County, California.

          Resolution--Docket 2809--Wolf Creek, Barberton, Ohio

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Ohio River and its tributaries, published 
     in accordance with House Document 306, 74th Congress, 1st 
     Session, and other related reports to determine whether any 
     modifications of the recommendations contained therein are 
     advisable at the present time in the interest of flood damage 
     reduction, environmental restoration, and other allied 
     purposes, in the Wolf Creek Watershed, Summit and Medina 
     Counties, Ohio and Barberton, Ohio.

    Resolution--Docket 2810--Salt River Watershed, Humboldt County, 
                               California

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Salt River Watershed, Humboldt County, 
     California, authorized in accordance with Section 209 of the 
     Flood Control Act of 1962, 87th Congress, and other related 
     reports to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time in the interest of flood damage reduction, 
     environmental restoration, and other allied purposes, in the 
     Salt River Watershed, Humboldt County, California.

           Resolution--Docket 2811--Fall River, Massachusetts

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Land and Water Resources of the New 
     England-New York Region published as Senate Document 14, 85th 
     Congress, 1st Session, and other related reports to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present time in the interest of 
     environmental restoration in the coastal and riverine areas 
     of Fall River, Massachusetts and other locations within the 
     Taunton River Watershed.

Resolution--Docket 2812--Ocean County Streams and Estuaries, New Jersey

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Barnegat Inlet, New Jersey, published as 
     House Document 358, 79th Congress, 1st Session, and other 
     related reports to determine whether any modifications of the 
     recommendations contained therein are advisable at the 
     present time in the interest of environmental restoration, 
     riparian habitat improvement, regional sediment management, 
     flood damage reduction, beneficial uses of dredged material, 
     and other allied purposes, in Ocean County, New Jersey.

      Resolution--Docket 2813--Adams and Denver Counties, Colorado

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the South Platte River and Tributaries, 
     Colorado, Wyoming and Nebraska, published as House Document 
     669, 80th Congress, and other related reports to determine 
     whether any modifications of the recommendations contained 
     therein are advisable at the present time in the interest of 
     flood damage reduction, floodplain management, water supply, 
     water quality improvement, recreation, environmental 
     restoration, watershed management, and other allied purposes, 
     in Adams and Denver Counties, Colorado.

            Resolution--Docket 2814--East Rockaway, New York

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Shorefront from Jones Inlet to Rockaway 
     Inlet, New York, published in accordance with House Document 
     2102, 64th Congress, 2nd Session, and other pertinent reports 
     to determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of navigation, streambank stabilization, flood 
     damage reduction, floodplain management, water quality, 
     sediment control, environmental restoration, and other allied 
     purposes, in Hewlett Bay, East . Rockaway, New York, and its 
     tributaries.

            Resolution--Docket 2815--Nassau County, New York

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review the report of the Chief 
     of Engineers on the Shorefront from Jones Inlet to Rockaway 
     Inlet, New York, authorized in accordance with House Document 
     2102, 64th Congress, 2nd Session, and other pertinent reports 
     to determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of navigation, streambank stabilization, flood 
     damage reduction, floodplain management, water quality, 
     sediment control, environmental restoration, and other allied 
     purposes, in Bay Park, New York, and its tributaries.

          Resolution--Docket 2816--Coweeman River, Washington

       Resolved by the Committee on Transportation and 
     Infrastructure of the United

[[Page 23155]]

      States House of Representatives, That the Secretary of the 
     Army review reports for Mt. St. Helens including: Lower 
     Cowlitz and Coweeman River Level of Protection Analysis, 
     including Hydrologic Analysis (unpublished analysis/model 
     USACE, Portland District) November 2006, Mount St Helens 
     Engineering Reanalysis, Hydrologic, Hydraulics, Sedimentation 
     & Risk Analysis, Design Document Report April 2002, Mount St. 
     Helens, Washington Decision Document, Toutle, Cowlitz & 
     Columbia Rivers, Oct. 1985, and House Document 2577, 
     Supplemental Appropriations for fiscal year 1985, 99th 
     Congress, and other pertinent reports, to determine whether 
     any modifications of the recommendations contained therein 
     are advisable at the present time in the interest of flood 
     damage reduction for Kelso, Washington.

       Resolution--Docket 2817--Rock Creek, Stevenson, Washington

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review all reports for the 
     Bonneville Project published as House Document 531, 81st 
     Congress, second session, and other pertinent reports, to 
     determine whether any modifications of the recommendations 
     contained therein are advisable at the present time in the 
     interest of flood damage reduction for Rock Creek, near the 
     confluence with the Columbia River at Stevenson, Washington.

         Resolution--Docket 2818--Albany Canal, Albany, Oregon

       Resolved by the Committee on Transportation and 
     Infrastructure of the United States House of Representatives, 
     That the Secretary of the Army review reports for Willamette 
     basin published as House Document 531, 81st Congress, second 
     session, and other pertinent reports pertaining to the 
     Santiam-Albany Canal at Albany, Oregon to determine whether 
     any modifications of the recommendations contained therein 
     are advisable at the present time in the interest of flood 
     damage reduction, environmental restoration, water quality, 
     and stream bank stabilization for Santiam-Albany Canal, 
     Albany, Oregon.
  There was no objection.

                          ____________________




    COMMUNICATION FROM CHAIRMAN OF COMMITTEE ON TRANSPORTATION AND 
                             INFRASTRUCTURE

  The SPEAKER pro tempore laid before the House the following 
communication from the chairman of the Committee on Transportation and 
Infrastructure; which was read and, without objection, referred to the 
Committee on Appropriations:
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 28, 2008.
     Hon. Nancy Pelosi,
     Speaker of the House, House of Representatives, The Capitol, 
         Washington, DC.
       Dear Madam Speaker: On September 24, 2008, the Committee on 
     Transportation and Infrastructure met in open session to 
     consider 35 resolutions to authorize appropriations for the 
     General Services Administration's (``GSA'') FY 2009 Capital 
     Investment and Leasing Program, including four construction 
     resolutions (authorizing $937.6 million), five repair and 
     alteration resolutions (authorizing $282.4 million), and 26 
     lease resolutions (authorizing 210.5 million annually). The 
     Committee adopted the resolutions by voice vote with a quorum 
     present.
       Enclosed are copies of the resolutions adopted by the 
     Committee on Transportation and Infrastructure on September 
     24, 2008.
           Sincerely,
                                                James L. Oberstar,
                                                         Chairman.
       Enclosures.

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[[Page 23350]]

  There was no objection.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate has passed with an amendment in which the concurrence 
of the House is requested, bills of the House of the following titles:

       H.R. 6049. An act to amend the Internal Revenue Code of 
     1986 to provide incentives for energy production and 
     conservation, to extend certain expiring provisions, to 
     provide individual income tax relief, and for other purposes.

                          ____________________




                        MESSAGE FROM THE SENATE

  A message from the Senate by Ms. Curtis, one of its clerks, announced 
that the Senate had passed with an amendment a bill of the House of the 
following title:

       H.R. 6849. An act to amend the commodity provisions of the 
     Food, Conservation, and Energy Act of 2008 to permit 
     producers to aggregate base acres and reconstitute farms to 
     avoid the prohibition on receiving direct payments, counter-
     cyclical payments, or average crop revenue election payments 
     when the sum of the base acres of a farm is 10 acres or less, 
     and for other purposes.

                          ____________________




                              {time}  1430
                 DESIGNATING THE JOHN W. WARNER RAPIDS

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
Senate bill (S. 3550) to designate a portion of the Rappahannock River 
in the Commonwealth of Virginia as the ``John W. Warner Rapids,'' and 
ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore (Ms. Clarke). Is there objection to the 
request of the gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 3550

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

     SECTION 1. JOHN W. WARNER RAPIDS, FREDERICKSBURG, VIRGINIA.

       (a) Designation.--The portion of the Rappahannock River 
     comprised of the manmade rapids located at the site of the 
     former Embrey Dam in Fredericksburg, Virginia, and centered 
     at the coordinates of N. 38.3225 latitude, W. 077.4900 
     longitude, shall be known and designated as the ``John W. 
     Warner Rapids''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     portion of the Rappahannock River referred to in subsection 
     (a) shall be deemed to be a reference to the John W. Warner 
     Rapids.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




 WHITE MOUNTAIN APACHE TRIBE RURAL WATER SYSTEM LOAN AUTHORIZATION ACT

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
Senate bill (S. 3128) to direct the Secretary of the Interior to 
provide a loan to the White Mountain Apache Tribe for use in planning, 
engineering, and designing a certain water system project, and ask for 
its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 3128

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``White Mountain Apache Tribe 
     Rural Water System Loan Authorization Act''.

     SEC. 2. DEFINITIONS.

       (a) Miner Flat Project.--The term ``Miner Flat Project'' 
     means the White Mountain Apache Rural Water System, comprised 
     of the Miner Flat Dam and associated domestic water supply 
     components, as described in the project extension report 
     dated February 2007.
       (b) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner of 
     Reclamation (or any other designee of the Secretary).
       (c) Tribe.--The term ``Tribe'' means the White Mountain 
     Apache Tribe, a federally recognized Indian tribe organized 
     pursuant to section 16 of the Indian Reorganization Act of 
     1934 (25 U.S.C. 476 et seq.).

     SEC. 3. MINER FLAT PROJECT LOAN.

       (a) Loan.--Subject to the availability of appropriations 
     and the condition that the Tribe and the Secretary have 
     executed a cooperative agreement under section 4(a), not 
     later than 90 days after the date on which amounts are made 
     available to carry out this section and the cooperative 
     agreement has been executed, the Secretary shall provide to 
     the Tribe a loan in an amount equal to $9,800,000, adjusted, 
     as appropriate, based on ordinary fluctuations in engineering 
     cost indices applicable to the Miner Flat Project during the 
     period beginning on October 1, 2007, and ending on the date 
     on which the loan is provided, as determined by the 
     Secretary, to carry out planning, engineering, and design of 
     the Miner Flat Project in accordance with section 4.
       (b) Terms and Conditions of Loan.--The loan provided under 
     subsection (a) shall--
       (1) be at a rate of interest of 0 percent; and
       (2) be repaid over a term of 25 years, beginning on January 
     1, 2013.
       (c) Administration.--Subject to section 4, the Secretary 
     shall administer the planning, engineering, and design of the 
     Miner Flat Project.

     SEC. 4. PLANNING, ENGINEERING, AND DESIGN.

       (a) Cooperative Agreement.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall offer to enter 
     into a cooperative agreement with the Tribe for the planning, 
     engineering, and design of the Miner Flat Project in 
     accordance with this Act.
       (2) Mandatory provisions.--A cooperative agreement under 
     paragraph (1) shall--
       (A) specify, in a manner that is acceptable to the 
     Secretary and the Tribe, the rights, responsibilities, and 
     liabilities of each party to the agreement; and
       (B) require that the planning, engineering, design, and 
     construction of the Miner Flat Project be in accordance with 
     all applicable Federal environmental laws.
       (b) Applicability of Indian Self-Determination and 
     Education Assistance Act.--Each activity for the planning, 
     engineering, or design of the Miner Flat Project shall be 
     subject to the requirements of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




   PECHANGA BAND OF LUISENO MISSION INDIANS LAND TRANSFER ACT OF 2007

  Mr. RAHALL. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 2963) to transfer certain land in 
Riverside County, California, and San Diego County, California, from 
the Bureau of Land Management to the United States to be held in trust 
for the Pechanga Band of Luiseno Mission Indians, and for other 
purposes, with Senate amendments thereto, and concur in the Senate 
amendments.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendments, as follows:
  Senate amendments:
       On page 3, line 12, strike ``and the United States Fish and 
     Wildlife Service,'' and insert ``the Bureau of Land 
     Management, and the United States Fish and Wildlife Service 
     on November 11, 2005, which shall remain in effect until the 
     date on which the Western Riverside County Multiple Species 
     Habitat Conservation Plan expires.
       ``(3) Notification.--At least 45 days before terminating 
     the memorandum of understanding entered into under paragraph 
     (2)(B), the Director of the Bureau of Land Management, the 
     Director of the United States Fish and Wildlife Service, or 
     the Pechanga Band of Luiseno Mission Indians, as applicable, 
     shall submit notice of the termination to--
       ``(A) the Committee on Natural Resources of the House of 
     Representatives;
       ``(B) the Committee on Indian Affairs of the Senate;
       ``(C) the Assistant Secretary for Indian Affairs; and
       ``(D) the members of Congress representing the area subject 
     to the memorandum of understanding.

[[Page 23351]]

       ``(4) Termination or violation of the memorandum of 
     understanding.--The Director of the Bureau of Land Management 
     and the Pechanga Band of Luiseno Mission Indians shall submit 
     to Congress notice of the termination or a violation of the 
     memorandum of understanding entered into under paragraph 
     (2)(B) unless the purpose for the termination or violation is 
     the expiration or cancellation of the Western Riverside 
     County Multiple Species Habitat Conservation Plan.''
       On page 3, line 18, strike ``January 12'' and insert ``May 
     2, 2007''.
       On page 7, line 11, after ``only'' insert: ``as open space 
     and''.
       On page 7, after line 16, insert:
       ``(3) Development prohibited.--
       ``(A) In general.--There shall be no development of 
     infrastructure or buildings on the land transferred under 
     subsection (a).
       ``(B) Open space.--The land transferred under subsection 
     (a) shall be--
       ``(i) maintained as open space; and
       ``(ii) used only for--

       ``(I) purposes consistent with the maintenance of the land 
     as open space; and
       ``(II) the protection, preservation, and maintenance of the 
     archaeological, cultural, and wildlife resources on the land 
     transferred.

       ``(C) Effect.--Nothing in this paragraph prohibits the 
     construction or maintenance of utilities or structures that 
     are--
       ``(i) consistent with the maintenance of the land 
     transferred under subsection (a) as open space; and
       ``(ii) constructed for the protection, preservation, and 
     maintenance of the archaeological, cultural, and wildlife 
     resources on the land transferred.
       ``(4) Gaming prohibited.--The Pechanga Band of Luiseno 
     Mission Indians may not conduct, on any land acquired by the 
     Pechanga Band of Luiseno Mission Indians pursuant to this 
     Act, gaming activities or activities conducted in conjunction 
     with the operation of a casino--
       ``(A) as a matter of claimed inherent authority; or
       ``(B) under any Federal law (including the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) (including any 
     regulations promulgated by the Secretary or the National 
     Indian Gaming Commission under that Act)).''

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent that the reading be dispensed with.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from West Virginia?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________




                     ALBUQUERQUE INDIAN SCHOOL ACT

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
Senate bill (S. 1193) to direct the Secretary of the Interior to take 
into trust 2 parcels of Federal land for the benefit of certain Indian 
Pueblos in the State of New Mexico, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 1193

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Albuquerque Indian School 
     Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) 19 pueblos.--The term ``19 Pueblos'' means the New 
     Mexico Indian Pueblos of--
       (A) Acoma;
       (B) Cochiti;
       (C) Isleta;
       (D) Jemez;
       (E) Laguna;
       (F) Nambe;
       (G) Ohkay Owingeh (San Juan);
       (H) Picuris;
       (I) Pojoaque;
       (J) San Felipe;
       (K) San Ildefonso;
       (L) Sandia;
       (M) Santa Ana;
       (N) Santa Clara;
       (O) Santo Domingo;
       (P) Taos;
       (Q) Tesuque;
       (R) Zia; and
       (S) Zuni.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or a designee).
       (3) Survey.--The term ``survey'' means the survey plat 
     entitled ``Department of the Interior, Bureau of Indian 
     Affairs, Southern Pueblos Agency, BIA Property Survey'' 
     (prepared by John Paisano, Jr., Registered Land Surveyor 
     Certificate No. 5708), and dated March 7, 1977.

     SEC. 3. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.

       (a) Action by Secretary.--
       (1) In general.--The Secretary shall take into trust all 
     right, title, and interest of the United States in and to the 
     land described in subsection (b) (including any improvements 
     and appurtenances to the land) for the benefit of the 19 
     Pueblos.
       (2) Administration.--The Secretary shall--
       (A) take such action as the Secretary determines to be 
     necessary to document the transfer under paragraph (1); and
       (B) appropriately assign each applicable private and 
     municipal utility and service right or agreement.
       (b) Description of Land.--The land referred to in 
     subsection (a)(1) is the 2 tracts of Federal land, the 
     combined acreage of which is approximately 18.3 acres, that 
     were historically part of the Albuquerque Indian School, more 
     particularly described as follows:
       (1) Tract b.--The approximately 5.9211 acres located in 
     sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico 
     Principal Meridian in the city of Albuquerque, New Mexico, as 
     identified on the survey.
       (2) Tract d.--The approximately 12.3835 acres located in 
     sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New Mexico 
     Principal Meridian in the city of Albuquerque, New Mexico, as 
     identified on the survey.
       (c) Survey.--The Secretary may make minor corrections to 
     the survey and legal description of the Federal land 
     described in subsection (b) as the Secretary determines to be 
     necessary to correct clerical, typographical, and surveying 
     errors.
       (d) Use of Land.--The land taken into trust under 
     subsection (a) shall be used for the educational, health, 
     cultural, business, and economic development of the 19 
     Pueblos.
       (e) Limitations and Conditions.--The land taken into trust 
     under subsection (a) shall remain subject to any private or 
     municipal encumbrance, right-of-way, restriction, easement of 
     record, or utility agreement in effect on the date of 
     enactment of this Act.

     SEC. 4. EFFECT OF OTHER LAWS.

       (a) In General.--Except as otherwise provided in this 
     section, land taken into trust under section 3(a) shall be 
     subject to Federal laws relating to Indian land.
       (b) Gaming.--No gaming activity (within the meaning of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall 
     be carried out on land taken into trust under section 3(a).

                    Amendment Offered by Mr. Rahall

  Mr. RAHALL. Madam Speaker, I offer an amendment.
  The Clerk read as follows:

  Amendment offered by Mr. Rahall:
  Strike all after the enacting clause and insert the following:
                 TITLE I--ALBUQUERQUE INDIAN SCHOOL ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Albuquerque Indian School 
     Act''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) 19 Pueblos.--The term ``19 Pueblos'' means the New 
     Mexico Indian Pueblos of--
       (A) Acoma;
       (B) Cochiti;
       (C) Isleta;
       (D) Jemez;
       (E) Laguna;
       (F) Nambe;
       (G) Ohkay Owingeh (San Juan);
       (H) Picuris;
       (I) Pojoaque;
       (J) San Felipe;
       (K) San Ildefonso;
       (L) Sandia;
       (M) Santa Ana;
       (N) Santa Clara;
       (O) Santo Domingo;
       (P) Taos;
       (Q) Tesuque;
       (R) Zia; and
       (S) Zuni.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or a designee).
       (3) Survey.--The term ``survey'' means the survey plat 
     entitled ``Department of the Interior, Bureau of Indian 
     Affairs, Southern Pueblos Agency, BIA Property Survey'' 
     (prepared by John Paisano, Jr., Registered Land Surveyor 
     Certificate No. 5708), and dated March 7, 1977.

     SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT OF 19 PUEBLOS.

       (a) Action by Secretary.--
       (1) In general.--The Secretary shall take into trust all 
     right, title, and interest of the United States in and to the 
     land described in subsection (h) for the benefit of the 19 
     Pueblos immediately after the Secretary has confirmed that 
     the National Environmental Policy Act of 1969 has been 
     complied with regarding the trust acquisition of these 
     Federal lands.

[[Page 23352]]

       (2) Administration.--The Secretary shall--
       (A) take such action as the Secretary determines to be 
     necessary to document the transfer under paragraph (1); and
       (B) appropriately assign each applicable private and 
     municipal utility and service right or agreement.
       (b) Description of Land.--The land referred to in 
     subsection (a)(1) is the 2 tracts of Federal land, the 
     combined acreage of which is approximately 8.4759 acres, that 
     were historically part of the Albuquerque Indian School, more 
     particularly described as follows:
       (1) Eastern part tract b.--The approximately 2.2699 acres 
     located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
     Mexico Principal Meridian in the city of Albuquerque, New 
     Mexico, as identified on the survey and does not include the 
     Western Part of Tract B containing 3.6512 acres,
       (2) Northern part tract d.--The approximately 6.2060 acres 
     located in sec. 7 and sec. 8 of T. 10 N., R. 3 E., of the New 
     Mexico Principal Meridian in the city of Albuquerque, New 
     Mexico, as identified on the survey and does not include the 
     Southern Part of Tract D containing 6.1775 acres.
       (c) Survey.--The Secretary shall perform a survey of the 
     land to be transferred consistent with subsection (b), and 
     may make minor corrections to the survey and legal 
     description of the Federal land described in subsection (b) 
     as the Secretary determines to be necessary to correct 
     clerical, typographical, and surveying errors.
       (d) Use of land.--The land taken into trust under 
     subsection (a) shall he used for the educational, health, 
     cultural, business, and economic development of the 19 
     Pueblos.
       (e) Limitations and Conditions.--The land taken into trust 
     under subsection (a) shall remain subject to any private or 
     municipal encumbrance, right-of-way, restriction, easement of 
     record, or utility service agreement in effect on the date of 
     enactment of this Act.

     SEC. 104. EFFECT OF OTHER LAWS.

       (a) In General.--Except as otherwise provided in this 
     section, land taken into trust under section 103(a) shall be 
     subject to Federal laws relating to Indian land.
       (b) Gaming.--No gaming activity (within the meaning of the 
     Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.)) shall 
     be carried out on land taken into trust under section 103(a).
            TITLE II--NATIVE AMERICAN TECHNICAL CORRECTIONS

     SEC. 201. COLORADO RIVER INDIAN TRIBES.

       The Secretary of the Interior may make, subject to amounts 
     provided in subsequent appropriations Acts, an annual 
     disbursement to the Colorado River Indian Tribes. Funds 
     disbursed under this section shall be used to fund the Office 
     of the Colorado River Indian Tribes Reservation Energy 
     Development and shall not be less than $200,000 and not to 
     exceed $350,000 annually.

     SEC. 202. GILA RIVER INDIAN COMMUNITY CONTRACTS.

       Subsection (f) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(f)), is amended by striking ``lease, 
     affecting'' and inserting ``lease or construction contract, 
     affecting''.

     SEC. 203. LAND AND INTERESTS OF THE SAULT STE. MARIE TRIBE OF 
                   CHIPPEWA INDIANS OF MICHIGAN.

       (a) In General.--Subject to subsections (b) and (c), 
     notwithstanding any other provision of law (including 
     regulations), the Sault Ste. Marie Tribe of Chippewa Indians 
     of Michigan (including any agent or instrumentality of the 
     Tribe) (referred to in this section as the ``Tribe''), may 
     transfer, lease, encumber, or otherwise convey, without 
     further authorization or approval, all or any part of the 
     Tribe's interest in any real property that is not held in 
     trust by the United States for the benefit of the Tribe.
       (b) Effect of Section.--Nothing in this section is intended 
     to authorize the Tribe to transfer, lease, encumber, or 
     otherwise convey, any lands, or any interest in any lands, 
     that are held in trust by the United States for the benefit 
     of the Tribe.
       (c) Liability.--The Unites States shall not be held liable 
     to any party (including the Tribe or any agent or 
     instrumentality of the Tribe) for any term of, or any loss 
     resulting from the term of any transfer, lease, encumbrance, 
     or conveyance of land made pursuant to this Act unless the 
     United States or an agent or instrumentality of the United 
     States is a party to the transaction or the United States 
     would be liable pursuant to any other provision of law. This 
     subsection shall not apply to land transferred or conveyed by 
     the Tribe to the United States to be held in trust for the 
     benefit of the Tribe.
       (d) Effective Date.--This section shall be deemed to have 
     taken effect on January 1, 2005.

     SEC. 204. MORONGO BAND OF MISSION INDIANS LEASE EXTENSION.

       Subsection (a) of the first section of the Act of August 9, 
     1955 (25 U.S.C. 415(a)) is amended in the second sentence by 
     inserting ``and except leases of land held in trust for the 
     Morongo Band of Mission Indians which may be for a term of 
     not to exceed 50 years,'' before ``and except leases of land 
     for grazing purposes which may be for a term of not to exceed 
     ten years''.

     SEC. 205. COW CREEK BAND OF UMPQUA TRIBE OF INDIANS LEASING 
                   AUTHORITY.

       (a) Authorization for 99-Year Leases.--Subsection (a) of 
     the first section of the Act of August 9, 1955 (25 U.S.C. 
     415(a)), is amended in the second sentence by inserting ``and 
     lands held in trust for the Cow Creek Band of Umpqua Tribe of 
     Indians,'' after ``lands held in trust for the Confederated 
     Tribes of the Warm Springs Reservation of Oregon,''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to any lease entered into or renewed after the 
     date of the enactment of this Act.

     SEC. 206. NEW SETTLEMENT COMMON STOCK ISSUED TO DESCENDANTS, 
                   LEFT-OUTS, AND ELDERS.

       Section 7(g)(1)(B) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1606(g)(1)(B)) is amended by striking clause 
     (iii) and inserting the following:
       ``(iii) Conditions on certain stock.--
       ``(I) In general.--An amendment under clause (i) may 
     provide that Settlement Common Stock issued to a Native 
     pursuant to the amendment (or stock issued in exchange for 
     that Settlement Common Stock pursuant to subsection (h)(3) or 
     section 29(c)(3)(D)) shall be subject to 1 or more of the 
     conditions described in subclause (H).
       ``(H) Conditions.--A condition referred to in subclause (I) 
     is a condition that--
       ``(aa) the stock described in that subclause shall be 
     deemed to be canceled on the death of the Native to whom the 
     stock is issued, and no compensation for the cancellation 
     shall be paid to the estate of the deceased Native or any 
     person holding the stock;
        ``(bb) the stock shall carry limited or no voting rights; 
     and
       ``(cc) the stock shall not be transferred by gift under 
     subsection (h)(1)(C)(iii).''.

     SEC. 207. INDIAN LAND CONSOLIDATION ACT.

       (a) Definitions.--Section 202 of the Indian Land 
     Consolidation Act (25 U.S.C. 2201) is amended--
       (1) in paragraph (4)--
       (A) by inserting ``(i)'' after ``(4)'';
       (B) by striking `` `trust or restricted interest in land' 
     or'' and inserting the following: ``(ii) `trust or restricted 
     interest in land' or''; and
       (C) in clause (ii) (as designated by subparagraph (B)), by 
     striking `an interest in land, title to which'' and inserting 
     ``an interest in land, the title to which interest''; and
       (2) by striking paragraph (7) and inserting the following: 
     ``(7) the term `land' means any real property,''.
       (b) Partition of Highly Fractionated Indian Lands.--Section 
     205(c)(2)(D)(i) of the Indian Land Consolidation Act (25 
     U.S.C. 2204(c)(2)(D)(i)) is amended in the matter following 
     subclause (III) by striking ``by Secretary'' and inserting 
     ``by the Secretary''.
       (c) Descent and Distribution.--Section 207 of the Indian 
     Land Consolidation Act (25 U.S.C. 2206) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(D)--
       (i) in clause (i), by striking ``clauses (ii) through 
     (iv)'' and inserting ``clauses (ii) through (v)'';
       (ii in clause (iv)(II), by striking ``decedent'' and 
     inserting ``descent''; and
       (iii) by striking clause (v) and inserting the following:
       ``(v) Effect of subparagraph.--Nothing in this subparagraph 
     limits the right of any person to devise any trust or 
     restricted interest in pursuant to a valid will in accordance 
     with subsection (b).''; and
       (B) by adding at the end the following:
       ``(2) Intestate descent of permanent improvements.--
        ``(A) Definition of covered permanent improvement.--In 
     this paragraph, the term `covered permanent improvement' 
     means a permanent improvement (including an interest in such 
     an improvement) that is--
       ``(i) included in the estate of a decedent; and
       ``(ii) attached to a parcel of trust or restricted land 
     that is also, in whole or in part, included in the estate of 
     that decedent.
       ``(B) Rule of descent.--Except as otherwise provided in a 
     tribal probate code approved under section 206 or 
     consolidation agreement approved under subsection (j)(9), a 
     covered permanent improvement in the estate of a decedent 
     shall--
       ``(i) descend to each eligible heir to whom the trust, or 
     restricted interest in land in the estate descends pursuant 
     to this subsection; or
       ``(ii) pass to the recipient of the trust or restricted 
     interest in land in the estate pursuant to a renunciation 
     under subsection (j)(8).
       ``(C) Application and effect.--The provisions of this 
     paragraph apply to a covered permanent improvement--
       ``(i) even though that covered permanent improvement is not 
     held in trust; and
       ``(ii) without altering or otherwise affecting the non-
     trust status of such a covered permanent improvement.'';
       (2) in subsection (b)(2)(B)--
       (A) by redesignating clauses (i) through (iii) as 
     subclauses (I) through (III), respectively, and indenting the 
     subclauses appropriately;
       (B) by striking ``Any interest'' and inserting the 
     following:
       ``(i) In general.--Subject to clauses (ii) and (iii), any 
     interest'';'';

[[Page 23353]]

       (C) in subclause (III) of clause (i) (as designated by 
     subparagraphs (A) and (B)), by striking the semicolon and 
     inserting a period;
       (D) by striking ``provided that nothing'' and inserting the 
     following:
       ``(iii) Effect.--Except as provided in clause (ii), 
     nothing; and''.
       (E) by inserting after clause (i) (as designated by 
     subparagraph (B)) the following:
       ``(ii) Exception.--
       ``(I) In general.--Notwithstanding clause (i), in any case 
     in which a resolution, law, or other duly adopted enactment 
     of the Indian tribe with jurisdiction over the land of which 
     an interest described in clause (i) is a part requests the 
     Secretary to apply subparagraph (A)(ii) to devises of trust 
     or restricted land under the jurisdiction of the Indian 
     tribe, the interest may be devised in fee in accordance with 
     subparagraph (A)(ii).
       ``(II) Effect.--Subclause (I) shall apply with respect to a 
     devise of a trust or restricted interest in land by any 
     decedent who dies on or after the date on which the 
     applicable Indian tribe adopts the resolution, law, or other 
     enactment described in subclause (I), regardless of the date 
     on which the devise is made.
       ``(III) Notice of request.--An Indian tribe shall provide 
     to the Secretary a copy of any resolution, law, or other 
     enactment of the Indian tribe that requests the Secretary to 
     apply subparagraph (A)(ii) to devises of trust or restricted 
     land under the jurisdiction of the Indian tribe.''
       (3) in subsection (h)(1)--
       (A) by striking ``A will'' and inserting the following:
       ``(A) In general.--A will''; and
       (B) by adding at the end the following:
       ``(B) Permanent improvements.--Except as otherwise 
     expressly provided in the will, a devise of a trust or 
     restricted interest in a parcel of land shall be presumed to 
     include the interest of the testator in any permanent 
     improvements attached to the parcel of land.``(C) Application 
     and effect.--The provisions of this paragraph apply to a 
     covered permanent improvement--
       ``(i) even though that covered permanent improvement is not 
     held in trust; and
       ``(ii) without altering or otherwise affecting the non-
     trust, status of such a covered permanent improvement.'';
       (4) in subsection (i)(4)(C), by striking ``interest land'' 
     and inserting ``interest in land'';
       (5) in subsection (j)(2)(A)(ii), by striking ``interest 
     land'' and inserting ``interest in land'';
       (6) in subsection (k), in the matter preceding paragraph 
     (1), by inserting ``a'' after ``receiving''; and
       (7) in subsection (o)--
       (A) in paragraph (3)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii) and indenting the clauses appropriately;
       (ii) by striking ``(3)'' and all that follows through ``No 
     sale'' and inserting the following:
       ``(3) Request to purchase; consent requirements; multiple 
     requests to purchase--
       ``(A) In general.--No sale'';
       (iii) by striking the last sentence and inserting the 
     following:
       ``(B) Multiple requests to purchase.--Except for interests 
     purchased pursuant to paragraph (5), if the Secretary 
     receives a request with respect to an interest from more than 
     1 eligible purchaser under paragraph (2), the Secretary shall 
     sell the interest to the eligible purchaser that is selected 
     by the applicable heir, devisee, or surviving spouse.'';
       (B) in paragraph (4)--
       (i) in subparagraph (A) by adding ``and'' at the end;
       (ii) in subparagraph (B), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (C); and
       (C) in paragraph (5)--
       (i) in subparagraph (A)--
       (I) in the matter preceding clause (i)--
       (aa) by inserting ``or surviving spouse'' after ``heir'';
       (bb) by striking ``paragraph (3)(B)'' and inserting 
     ``paragraph (3)(A)(ii)''; and
       (cc) by striking ``auction and'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) in clause (ii)--
       (aa) by striking ``auction'' and inserting ``sale'';
       (bb) by striking ``the interest passing to such heir 
     represents'' and inserting ``, at the time of death of the 
     applicable decedent, the interest of the decedent in the land 
     represented'; and
       (cc) by striking the period at the end and inserting ``; 
     and'';
       (IV) by adding at the end the following:
       ``(iii)(I) the Secretary is purchasing the interest under 
     the program authorized under section 213(a)(1); or
       ``(II) after receiving a, notice under paragraph (4)(B), 
     the Indian tribe with jurisdiction over the interest is 
     proposing to purchase the interest from an heir or surviving 
     spouse who is not residing on the property in accordance with 
     clause (i), and who is not a member, and is not eligible to 
     become a member, of that Indian tribe.''; and
       (ii) in subparagraph (B)--
       (I) by inserting ``or surviving spouse'' after ``heir'' 
     each place it, appears; and
       (II) by striking ``heir's interest'' and inserting 
     ``interest of the heir or surviving spouse''.
       (d) Conforming Amendment.--Section 213(a)(1) of the Indian 
     Land Consolidation Act (25 U.S.C. 2212(a)(1)) is amended by 
     striking ``section 207(p)'' and inserting ``section 207(o)''.
       (e) Owner-Managed Interests.--Section 221(a) of the Indian 
     Land Consolidation Act (25 U.S.C. 2220(a)) is amended by 
     inserting ``owner or'' before ``co-owners''.
       (f) Effective Dates.--
       (1) Testamentary disposition--The amendments made by 
     subsection (c)(2) of his section to section 207(b) of the 
     Indian Land Consolidation Act (25 U.S.C. 2206(b)) shall not 
     apply to any will executed before the date that is 1 year 
     after the date of enactment of this Act.
       (2) Small undivided interests in indian lands.----The 
     amendments made by subsection (c)(7)(C) of this section to 
     subsection (o)(5) of section 207 of the Indian Land 
     Consolidation Act (25 U.S.C. 2206) shall not apply to or 
     affect any sale of an interest under subsection (o)(5) of 
     that section that was completed before the date of enactment 
     of this Act.
   TITLE III--REAUTHORIZATION OF MEMORIAL TO MARTIN LUTHER KING, JR.

     SEC. 301. REAUTHORIZATION.

       Section 508(b)(2) of the Omnibus Parks and Public Lands 
     Management Act of 1996 (40 U.S.C. 8903 note; 110 Stat. 4157, 
     114 Stat. 26, 117 Stat. 1347, 119 Stat. 527) is amended by 
     striking ``November 12, 2008'' and inserting ``November 12, 
     2009''.

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The amendment was agreed to.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed.
  The title was amended so as to read: ``A bill to direct the Secretary 
of the Interior to take into trust 2 parcels of Federal land for the 
benefit of certain Indian Pueblos in the State of New Mexico, and for 
other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________




       NATIONAL SEA GRANT COLLEGE PROGRAM AMENDMENTS ACT OF 2008

  Mr. RAHALL. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 5618) to reauthorize and amend the 
National Sea Grant College Program Act, and for other purposes, with a 
Senate amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Sea Grant College 
     Program Amendments Act of 2008''.

     SEC. 2. REFERENCES.

       Except as otherwise expressly provided therein, 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 National Sea Grant College Program Act 
     (33 U.S.C. 1121 et seq.).

     SEC. 3. FINDINGS AND PURPOSE.

       (a) Findings.--Section 202(a) (33 U.S.C. 1121(a)) is 
     amended--
       (1) by striking subparagraphs (D) and (E) of paragraph (1) 
     and inserting the following:
       ``(D) encourage the development of preparation, forecast, 
     analysis, mitigation, response, and recovery systems for 
     coastal hazards;
       ``(E) understand global environmental processes and their 
     impacts on ocean, coastal, and Great Lakes resources; and'';
       (2) by striking ``program of research, education,'' in 
     paragraph (2) and inserting ``program of integrated research, 
     education, extension,''; and
       (3) by striking paragraph (6) and inserting the following:
       ``(6) The National Oceanic and Atmospheric Administration, 
     through the national sea grant college program, offers the 
     most suitable locus and means for such commitment and 
     engagement through the promotion of activities that will 
     result in greater such understanding, assessment, 
     development, management, utilization, and conservation of 
     ocean, coastal, and Great Lakes resources. The most cost-
     effective way to promote such activities is through continued 
     and increased Federal support of the establishment, 
     development, and operation of programs

[[Page 23354]]

     and projects by sea grant colleges, sea grant institutes, and 
     other institutions, including strong collaborations between 
     Administration scientists and research and outreach personnel 
     at academic institutions.''.
       (b) Purpose.--Section 202(c) (33 U.S.C. 1121(c)) is amended 
     by striking ``to promote research, education, training, and 
     advisory service activities'' and inserting ``to promote 
     integrated research, education, training, and extension 
     services and activities''.
       (c) Terminology.--Subsections (a) and (b) of section 202 
     (15 U.S.C. 1121(a) and (b)) are amended by inserting 
     ``management,'' after ``development,'' each place it appears.

     SEC. 4. DEFINITIONS.

       (a) In General.--Section 203 (33 U.S.C. 1122) is amended--
       (1) in paragraph (4) by inserting ``management,'' after 
     ``development,'';
       (2) in paragraph (11) by striking ``advisory services'' and 
     inserting ``extension services''; and
       (3) in each of paragraphs (12) and (13) by striking ``(33 
     U.S.C. 1126)''.
       (b) Repeal.--Section 307 of the Act entitled ``An Act to 
     provide for the designation of the Flower Garden Banks 
     National Marine Sanctuary'' (Public Law 102-251; 106 Stat. 
     66) is repealed.

     SEC. 5. NATIONAL SEA GRANT COLLEGE PROGRAM.

       (a) Program Elements.--Section 204(b) (33 U.S.C. 1123(b)) 
     is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) sea grant programs that comprise a national sea grant 
     college program network, including international projects 
     conducted within such programs and regional and national 
     projects conducted among such programs;'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) administration of the national sea grant college 
     program and this title by the national sea grant office and 
     the Administration;''; and
       (3) by amending paragraph (4) to read as follows:
       ``(4) any regional or national strategic investments in 
     fields relating to ocean, coastal, and Great Lakes resources 
     developed in consultation with the Board and with the 
     approval of the sea grant colleges and the sea grant 
     institutes.''.
       (b) Technical Correction.--Section 204(c)(2) (33 U.S.C. 
     1123(c)(2)) is amended by striking ``Within 6 months of the 
     date of enactment of the National Sea Grant College Program 
     Reauthorization Act of 1998, the'' and inserting ``The''.
       (c) Functions of Director of National Sea Grant College 
     Program.--Section 204(d) (33 U.S.C. 1123(d)) is amended--
       (1) in paragraph (2)(A), by striking ``long range'';
       (2) in paragraph (3)(A)--
       (A) by striking ``(A)(i) evaluate'' and inserting ``(A) 
     evaluate and assess'';
       (B) by striking ``activities; and'' and inserting 
     ``activities;''; and
       (C) by striking clause (ii); and
       (3) in paragraph (3)(B)--
       (A) by redesignating clauses (ii) through (iv) as clauses 
     (iii) through (v), respectively, and by inserting after 
     clause (i) the following:
       ``(ii) encourage collaborations among sea grant colleges 
     and sea grant institutes to address regional and national 
     priorities established under subsection (c)(1);'';
       (B) in clause (iii) (as so redesignated) by striking 
     ``encourage'' and inserting ``ensure'';
       (C) in clause (iv) (as so redesignated) by striking ``and'' 
     after the semicolon;
       (D) by inserting after clause (v) (as so redesignated) the 
     following:
       ``(vi) encourage cooperation with Minority Serving 
     Institutions to enhance collaborative research opportunities 
     and increase the number of such students graduating in NOAA 
     science areas; and''.

     SEC. 6. PROGRAM OR PROJECT GRANTS AND CONTRACTS.

       Section 205 (33 U.S.C. 1124) is amended--
       (1) by striking ``204(c)(4)(F).'' in subsection (a) and 
     inserting ``204(c)(4)(F) or that are appropriated under 
     section 208(b).''; and
       (2) by striking the matter following paragraph (3) in 
     subsection (b) and inserting the following:
       ``The total amount that may be provided for grants under 
     this subsection during any fiscal year shall not exceed an 
     amount equal to 5 percent of the total funds appropriated for 
     such year under section 212.''.

     SEC. 7. EXTENSION SERVICES BY SEA GRANT COLLEGES AND SEA 
                   GRANT INSTITUTES.

       Section 207(a) (33 U.S.C. 1126(a)) is amended in each of 
     paragraphs (2)(B) and (3)(B) by striking ``advisory 
     services'' and inserting ``extension services''.

     SEC. 8. FELLOWSHIPS.

       Section 208(a) (33 U.S.C. 1127) is amended--
       (1) by striking ``Not later than 1 year after the date of 
     the enactment of the National Sea Grant College Program Act 
     Amendments of 2002, and every 2 years thereafter,'' in 
     subsection (a) and inserting ``Every 2 years,''; and
       (2) by adding at the end the following:
       ``(c) Restriction on Use of Funds.--Amounts available for 
     fellowships under this section, including amounts accepted 
     under section 204(c)(4)(F) or appropriated under section 212 
     to implement this section, shall be used only for award of 
     such fellowships and administrative costs of implementing 
     this section.''

     SEC. 9. NATIONAL SEA GRANT ADVISORY BOARD.

       (a) Redesignation of Sea Grant Review Panel as Board.--
       (1) Redesignation.--The sea grant review panel established 
     by section 209 of the National Sea Grant College Program Act 
     (33 U.S.C. 1128), as in effect before the date of the 
     enactment of this Act, is redesignated as the National Sea 
     Grant Advisory Board.
       (2) Membership not affected.--An individual serving as a 
     member of the sea grant review panel immediately before date 
     of the enactment of this Act may continue to serve as a 
     member of the National Sea Grant Advisory Board until the 
     expiration of such member's term under section 209(c) of such 
     Act (33 U.S.C. 1128(c)).
       (3) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to such 
     sea grant review panel is deemed to be a reference to the 
     National Sea Grant Advisory Board.
       (4) Conforming amendments.--
       (A) In general.--Section 209 (33 U.S.C. 1128) is amended by 
     striking so much as precedes subsection (b) and inserting the 
     following:

     ``SEC. 209. NATIONAL SEA GRANT ADVISORY BOARD.

       ``(a) Establishment.--There shall be an independent 
     committee to be known as the National Sea Grant Advisory 
     Board.''.
       (B) Definition.--Section 203(9) (33 U.S.C. 1122(9)) is 
     amended to read as follows:
       ``(9) The term `Board' means the National Sea Grant 
     Advisory Board established under section 209.'';
       (C) Other provisions.--The following provisions are each 
     amended by striking ``panel'' each place it appears and 
     inserting ``Board'':
       (i) Section 204 (33 U.S.C. 1123).
       (ii) Section 207 (33 U.S.C. 1126).
       (iii) Section 209 (33 U.S.C. 1128).
       (b) Duties.--Section 209(b) (33 U.S.C. 1128(b)) is amended 
     to read as follows:
       ``(b) Duties.--
       ``(1) In general.--The Board shall advise the Secretary and 
     the Director concerning--
       ``(A) strategies for utilizing the sea grant college 
     program to address the Nation's highest priorities regarding 
     the understanding, assessment, development, management, 
     utilization, and conservation of ocean, coastal, and Great 
     Lakes resources;
       ``(B) the designation of sea grant colleges and sea grant 
     institutes; and
       ``(C) such other matters as the Secretary refers to the 
     Board for review and advice.
       ``(2) Biennial report.--The Board shall report to the 
     Congress every two years on the state of the national sea 
     grant college program. The Board shall indicate in each such 
     report the progress made toward meeting the priorities 
     identified in the strategic plan in effect under section 
     204(c). The Secretary shall make available to the Board such 
     information, personnel, and administrative services and 
     assistance as it may reasonably require to carry out its 
     duties under this title.''.
       (c) Membership, Terms, and Powers.--Section 209(c)(1) (33 
     U.S.C. 1128(c)(1)) is amended--
       (1) by inserting ``coastal management,'' after ``resource 
     management,''; and
       (2) by inserting ``management,'' after ``development,''.
       (d) Extension of Term.--Section 209(c)(3) (33 U.S.C. 
     1128(c)(3)) is amended by striking the second sentence and 
     inserting the following: ``The Director may extend the term 
     of office of a voting member of the Board once by up to 1 
     year.''.
       (e) Establishment of Subcommittees.--Section 209(c) (33 
     U.S.C. 1128(c)) is amended by adding at the end the 
     following:
       ``(8) The Board may establish such subcommittees as are 
     reasonably necessary to carry out its duties under subsection 
     (b). Such subcommittees may include individuals who are not 
     Board members.''.

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       Section 212 of the National Sea Grant College Program Act 
     (33 U.S.C. 1131) is amended--
       (1) by striking subsection (a)(1) and inserting the 
     following: ``
       ``(1) In general.--There are authorized to be appropriated 
     to the Secretary to carry out this title--
       ``(A) $72,000,000 for fiscal year 2009;
       ``(B) $75,600,000 for fiscal year 2010;
       ``(C) $79,380,000 for fiscal year 2011;
       ``(D) $83,350,000 for fiscal year 2012;
       ``(E) $87,520,000 for fiscal year 2013; and
       ``(F) $91,900,000 for fiscal year 2014.'';
       (2) in subsection (a)(2)--
       (A) by striking ``fiscal years 2003 through 2008--'' and 
     inserting ``fiscal years 2009 through 2014--'';
       (B) by striking ``biology and control of zebra mussels and 
     other important aquatic'' in subparagraph (A) and inserting 
     ``biology, prevention, and control of aquatic''; and
       (C) by striking ``blooms, including Pfiesteria piscicida; 
     and'' in subparagraph (C) and inserting ``blooms; and'';
       (3) in subsection (c)(1) by striking ``rating under section 
     204(d)(3)(A)'' and inserting ``performance assessments''; and
       (4) by striking subsection (c)(2) and inserting the 
     following:
       ``(2) regional or national strategic investments authorized 
     under section 204(b)(4);''.

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from West Virginia?

[[Page 23355]]

  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________




        HYDROGRAPHIC SERVICES IMPROVEMENT ACT AMENDMENTS OF 2007

  Mr. RAHALL. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the Senate bill (S. 1582) to reauthorize and amend the 
Hydrographic Services Improvement Act, and for other purposes, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 1582

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Hydrographic Services 
     Improvement Act Amendments of 2007''.

     SEC. 2. FINDINGS AND PURPOSES.

       The Hydrographic Services Improvement Act of 1998 (33 
     U.S.C. 892 et seq.) is amended--
       (1) by redesignating sections 302 through 306 as sections 
     303 through 307, respectively; and
       (2) by inserting after section 301 the following:

     ``SEC. 302. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds the following:
       ``(1) In 2007, the Nation celebrates the 200th anniversary 
     of its oldest scientific agency, the Survey of the Coast, 
     which was authorized by Congress and created by President 
     Thomas Jefferson in 1807 to conduct surveys of the coast and 
     provide nautical charts for safe passage through the Nation's 
     ports and along its extensive coastline.
       ``(2) These mission requirements and capabilities, which 
     today are located in the National Oceanic and Atmospheric 
     Administration, evolved over time to include--
       ``(A) research, development, operations, products, and 
     services associated with hydrographic, geodetic, shoreline, 
     and baseline surveying;
       ``(B) cartography, mapping, and charting;
       ``(C) tides, currents, and water level observations;
       ``(D) maintenance of a national spatial reference system; 
     and
       ``(E) associated products and services.
       ``(3) There is a need to maintain Federal expertise and 
     capability in hydrographic data and services to support a 
     safe and efficient marine transportation system for the 
     enhancement and promotion of international trade and 
     interstate commerce vital to the Nation's economic prosperity 
     and for myriad other commercial and recreational activities.
       ``(4) The Nation's marine transportation system is becoming 
     increasingly congested, the volume of international maritime 
     commerce is expected to double within the next 20 years, and 
     nearly half of the cargo transiting United States waters is 
     oil, refined petroleum products, or other hazardous 
     substances.
       ``(5) In addition to commerce, hydrographic data and 
     services support other national needs for the Great Lakes and 
     coastal waters, the territorial sea, the Exclusive Economic 
     Zone, and the continental shelf of the United States, 
     including--
       ``(A) emergency response;
       ``(B) homeland security;
       ``(C) marine resource conservation;
       ``(D) coastal resiliency to sea-level rise, coastal 
     inundation, and other hazards;
       ``(E) ocean and coastal science advancement; and
       ``(F) improved and integrated ocean and coastal mapping and 
     observations for an integrated ocean observing system.
       ``(6) The National Oceanic and Atmospheric Administration, 
     in cooperation with other agencies and the States, serves as 
     the Nation's leading civil authority for establishing and 
     maintaining national standards and datums for hydrographic 
     data and services.
       ``(7) The Director of the National Oceanic and Atmospheric 
     Administration's Office of Coast Survey serves as the 
     National Hydrographer and the primary United States 
     representative to the international hydrographic community, 
     including the International Hydrographic Organization.
       ``(8) The hydrographic expertise, data, and services of the 
     National Oceanic and Atmospheric Administration provide the 
     underlying and authoritative basis for baseline and boundary 
     demarcation, including the establishment of marine and 
     coastal territorial limits and jurisdiction, such as the 
     Exclusive Economic Zone.
       ``(9) Research, development and application of new 
     technologies will further increase efficiency, promote the 
     Nation's competitiveness, provide social and economic 
     benefits, enhance safety and environmental protection, and 
     reduce risks.
       ``(b) Purposes.--The purposes of this Act are--
       ``(1) to augment the ability of the National Oceanic and 
     Atmospheric Administration to fulfill its responsibilities 
     under this and other authorities;
       ``(2) to provide more accurate and up-to-date hydrographic 
     data and services in support of safe and efficient 
     international trade and interstate commerce, including--
       ``(A) hydrographic surveys;
       ``(B) electronic navigational charts;
       ``(C) real-time tide, water level, and current information 
     and forecasting;
       ``(D) shoreline surveys; and
       ``(E) geodesy and 3-dimensional positioning data;
       ``(3) to support homeland security, emergency response, 
     ecosystem approaches to marine management, and coastal 
     resiliency by providing hydrographic data and services with 
     many other useful operational, scientific, engineering, and 
     management applications, including--
       ``(A) storm surge, tsunami, coastal flooding, erosion, and 
     pollution trajectory monitoring, predictions, and warnings;
       ``(B) marine and coastal geographic information systems;
       ``(C) habitat restoration;
       ``(D) long-term sea-level trends; and
       ``(E) more accurate environmental assessments and 
     monitoring;
       ``(4) to promote improved integrated ocean and coastal 
     mapping and observations through increased coordination and 
     cooperation;
       ``(5) to provide for and support research and development 
     in hydrographic data, services and related technologies to 
     enhance the efficiency, accuracy and availability of 
     hydrographic data and services and thereby promote the 
     Nation's scientific and technological competitiveness; and
       ``(6) to provide national and international leadership for 
     hydrographic and related services, sciences, and 
     technologies.''.

     SEC. 3. DEFINITIONS.

       Section 303 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892), as redesignated by section 2, is 
     amended--
       (1) by amending paragraph (3) to read as follows:
       ``(3) Hydrographic data.--The term ``hydrographic data'' 
     means information acquired through hydrographic, bathymetric, 
     or shoreline surveying; geodetic, geospatial, or geomagnetic 
     measurements; tide, water level, and current observations, or 
     other methods, that is used in providing hydrographic 
     services.'';
       (2) by striking paragraph (4)(A) and inserting the 
     following:
       ``(A) the management, maintenance, interpretation, 
     certification, and dissemination of bathymetric, 
     hydrographic, shoreline, geodetic, geospatial, geomagnetic, 
     and tide, water level, and current information, including the 
     production of nautical charts, nautical information 
     databases, and other products derived from hydrographic 
     data;''; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) Coast and Geodetic Survey Act.--The term `Coast and 
     Geodetic Survey Act' means the Act entitled `An Act to define 
     the functions and duties of the Coast and Geodetic Survey, 
     and for other purposes', approved August 6, 1947 (33 U.S.C. 
     883a et seq.).''.

     SEC. 4. FUNCTIONS OF THE ADMINISTRATOR.

       Section 304 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892a), as redesignated by section 2, is 
     amended--
       (1) by striking ``the Act of 1947,'' in subsection (a) and 
     inserting ``the Coast and Geodetic Survey Act, promote safe, 
     efficient, and environmentally sound marine transportation, 
     and otherwise fulfill the purposes of this Act,'';
       (2) by striking ``data;'' in subsection (a)1) and inserting 
     ``data and provide hydrographic services;''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Authorities.--To fulfill the data gathering and 
     dissemination duties of the Administration under the Coast 
     and Geodetic Survey Act, promote safe, efficient, and 
     environmentally sound marine transportation, and otherwise 
     fulfill the purposes of this Act, subject to the availability 
     of appropriations--
       ``(1) the Administrator may procure, lease, evaluate, test, 
     develop, and operate vessels, equipment, and technologies 
     necessary to ensure safe navigation and maintain operational 
     expertise in hydrographic data acquisition and hydrographic 
     services;
       ``(2) the Administrator shall design, install, maintain, 
     and operate real-time hydrographic monitoring systems to 
     enhance navigation safety and efficiency;
       ``(3) where appropriate and to the extent that it does not 
     detract from the promotion of safe and efficient navigation, 
     the Administrator may acquire hydrographic data and provide 
     hydrographic services to support the conservation and 
     management of coastal and ocean resources;
       ``(4) where appropriate, the Administrator may acquire 
     hydrographic data and provide hydrographic services to save 
     and protect

[[Page 23356]]

     life and property and support the resumption of commerce in 
     response to emergencies, natural and man-made disasters, and 
     homeland security and maritime domain awareness needs, 
     including obtaining Mission Assignments as defined in section 
     641 of the Post-Katrina Emergency Management Reform Act of 
     2006 (6 U.S.C. 741);
       ``(5) the Administrator may create, support, and maintain 
     such joint centers, and enter into and perform such 
     contracts, leases, grants, or cooperative agreements as may 
     be necessary to carry out the purposes of this Act; and
       ``(6) notwithstanding paragraph (5), the Administrator 
     shall award contracts for the acquisition of hydrographic 
     data in accordance with title IX of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 1101 et 
     seq.).''.

     SEC. 5. QUALITY ASSURANCE PROGRAM.

       Subsection (b) of section 305 of the Hydrographic Services 
     Improvement Act of 1998 (33 U.S.C. 892b), as redesignated by 
     section 2, is amended by striking ``303(a)(3)'' each place it 
     appears and inserting ``304(a)(3)''.

     SEC. 6. HYDROGRAPHIC SERVICES REVIEW PANEL.

       Section 306 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892c), as redesignated by section 2, is 
     amended--
       (1) by striking ``303'' in subsection (b)(1) and inserting 
     ``304'';
       (2) by striking subsection (c)(1)(A) and inserting ``(A) 
     The panel shall consist of 15 voting members who shall be 
     appointed by the Administrator. The Co-directors of the Joint 
     Hydrographic Institute and no more than 2 employees of the 
     National Oceanic and Atmospheric Administration appointed by 
     the Administrator shall serve as nonvoting members of the 
     panel. The voting members of the panel shall be individuals 
     who, by reason of knowledge, experience, or training, are 
     especially qualified in 1 or more of the disciplines and 
     fields relating to hydrographic data and hydrographic 
     services, and other disciplines as determined appropriate by 
     the Administrator.'';
       (3) by striking ``Secretary'' in subsections (c)(1)(C), 
     (c)(3), and (e) and inserting ``Administrator''; and
       (4) by striking subsection (d) and inserting the following:
       ``(d) Compensation.--Voting members of the panel shall be 
     reimbursed for actual and reasonable expenses, such as travel 
     and per diem, incurred in the performance of such duties.''.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Section 307 of the Hydrographic Services Improvement Act of 
     1998 (33 U.S.C. 892d), as redesignated by section 2, is 
     amended to read as follows:

     ``SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the 
     Administrator sums as may be necessary for each of fiscal 
     years 2008 through 2012 for the purposes of carrying out this 
     Act.''.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                             NOAA LAND SALE

  Mr. RAHALL. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (H.R. 5350) to authorize the Secretary of 
Commerce to sell or exchange certain National Oceanic and Atmospheric 
Administration property located in Norfolk, Virginia, and for other 
purposes, with a Senate amendment thereto, and concur in the Senate 
amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       On page 4, after line 20, insert: 
       Notwithstanding any other provision of law, the Secretary 
     of Commerce, through the Under Secretary and Administrator of 
     the National Oceanic and Atmospheric Administration (NOAA), 
     is authorized to enter into a land lease with Mobile County, 
     Alabama for a period of not less than 40 years, on such terms 
     and conditions as NOAA deems appropriate, for purposes of 
     construction of a Gulf of Mexico Disaster Response Center 
     facility, provided that the lease is at no cost to the 
     government. NOAA may enter into agreements with state, local, 
     or county governments for purposes of joint use, operations 
     and occupancy of such facility.

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from West Virginia?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________




50TH ANNIVERSARY OF THE FIRST VERTICAL ASCENT OF THE FACE OF EL CAPITAN 
                       IN YOSEMITE NATIONAL PARK

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
resolution (H. Res. 1474) recognizing the 50th anniversary of the first 
vertical ascent of the face of El Capitan in Yosemite National Park and 
honoring the historic climbing feat of the original climbing team, and 
ask for its immediate consideration in the House.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the resolution is as follows:

                              H. Res. 1474

       Whereas November 12, 2008, will mark the 50th anniversary 
     of the first vertical ascent of the face of El Capitan in 
     Yosemite National Park;
       Whereas in 1890 Yosemite National Park was established as 
     the third National Park of the United States;
       Whereas Yosemite National Park is commonly referred to as 
     ``The Crown Jewel of the National Park System;''
       Whereas Yosemite National Park is recognized as the 
     ``Climbing Mecca'' of the world;
       Whereas El Capitan is the world's tallest free-standing 
     granite monolith, with a summit elevation of 7,569 feet above 
     sea level;
       Whereas Wayne Merry, George Whitmore, and Warren J. 
     Harding, the original climbing team, with the assistance of 
     Wally Reed, Allen Steck, Bill ``Dolt'' Feuerer, Mark Powell, 
     John Whitmer, Rich Calderwood, and the ground support team of 
     Bea Vogel and Ellen Searby, completed the first vertical 
     ascent of the face of El Capitan on November 12, 1958;
       Whereas the first vertical ascent of the face of El Capitan 
     was accomplished on the Nose Route, recognized as one of the 
     most famous climbing routes in the world;
       Whereas November 8, 1958, marks the date when the final 
     push towards the summit of El Capitan was spurred on due to 
     deteriorating weather conditions;
       Whereas the first vertical ascent of the face of El Capitan 
     was accomplished in 47 days in expedition style;
       Whereas the first vertical ascent of the face of El Capitan 
     was accomplished by the original climbing team using fixed 
     ropes that linked established camps along the way;
       Whereas the original climbing team relied heavily on aid 
     climbing, using rope, pitons, and expansion bolts to make it 
     to the summit;
       Whereas thousands of rock climbers have reached the summit 
     of El Capitan since 1958 using the identical Nose Route; and
       Whereas on November 8, 2008, there will be an event in 
     Yosemite National Park celebrating the 50th anniversary of 
     the first vertical assent of the face of El Capitan: Now, 
     therefore, be it
       Resolved, That the House of Representatives--
       (1) recognizes the 50th anniversary of the momentous first 
     vertical ascent of the face of El Capitan in Yosemite 
     National Park; and
       (2) honors the historic climbing feat of the original 
     climbing team.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




EXTENDING AUTHORIZATION OF DELAWARE WATER GAP NATIONAL RECREATION AREA 
                      CITIZEN ADVISORY COMMISSION

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Natural Resources be discharged from further consideration of the 
bill (H.R. 7017) to amend Public Law 100-573 to extend the 
authorization of the Delaware Water Gap National Recreation Area 
Citizen Advisory Commission, and ask for its immediate consideration in 
the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7017

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

     SECTION 1. EXTENDED AUTHORIZATION OF DELAWARE WATER GAP 
                   NATIONAL RECREATION AREA CITIZEN ADVISORY 
                   COMMISSION.

       Section 5 of Public Law 100-573 (16 U.S.C. 460o note) is 
     amended to read as follows:

[[Page 23357]]



     ``SEC. 5. TERMINATION OF COMMISSION.

       ``The Commission shall terminate on the date that is 1 year 
     after the date of the enactment of this Act.''.

                    Amendment Offered by Mr. Rahall

  Mr. RAHALL. Madam Speaker, I have an amendment at the desk.
  The Clerk read as follows:

       Amendment offered by Mr. Rahall:
       On page 2, line 3, strike ``1 year'' and insert ``21 
     years''.

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent that the amendment be considered as read and printed in the 
Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The amendment was agreed to.
  Mr. GARRETT. Madam Speaker, I am pleased that the House recently 
considered and unanimously consented to the passage of H.R. 7017, a 
bill to reauthorize the Delaware Water Gap National Recreation Area 
(DWGNRA) Citizens Advisory Commission (CAC) for an additional year. 
Both Representative Carney and I believe that this citizen action group 
serves as an important liaison between National Park Service Officials 
and park neighbors.
  Communication is the key to addressing and resolving citizen 
concerns, and it is clear that residents and park users value the 
opportunity to respond to DWGNRA decisions and propose alternative 
ideas. I was proud to introduce this bipartisan legislation and I 
believe it will improve the communication process between park 
officials and the local community. The citizens of New Jersey should be 
confident in the ability of the Federal Government to hear and address 
their suggestions.
  The Delaware Water Gap region has a turbulent history, one marked by 
improper government interference and Federal invasion of the rights of 
property owners. Realizing this, my predecessor, Representative Marge 
Roukama, authored legislation establishing a Citizen's Advisory 
Commission (CAC) in 1988. The CAC was reauthorized for an additional 
decade in 1998 and has served as a forum for the public to interact 
with park officials.
  Due to the combined efforts of various Commission members and park 
officials, the Delaware Water Gap NRA has increased in popularity and 
sees millions of visitors each year. These visitors enjoy the beauty of 
the scenery and the opportunity to participate in activities like 
hiking, canoeing, and swimming. I am confident that the CAC will 
continue to play a valuable role in preserving the splendor of the 
Delaware Water Gap for future generations.
  The ability of local residents to communicate with Federal agencies 
has been one of my main focuses and I call upon the Senate to follow 
the House's example and pass this important legislation.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                    FEMA ACCOUNTABILITY ACT OF 2007

  Mr. RAHALL. Madam Speaker, I ask unanimous consent that the Committee 
on Transportation and Infrastructure be discharged from further 
consideration of the Senate bill (S. 2382) to require the Administrator 
of the Federal Emergency Management Agency to quickly and fairly 
address the abundance of surplus manufactured housing units stored by 
the Federal Government around the country at taxpayer expense, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 2382

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``FEMA Accountability Act of 
     2007''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) more than 19,000 mobile homes and travel trailers sit 
     unused at the storage site in Hope, Arkansas;
       (2) the Federal Emergency Management Agency spends $25,000 
     each month to store the unused manufactured homes in Hope, 
     Arkansas;
       (3) the Federal Emergency Management Agency spends in 
     excess of $3,000,000 each year to store unused manufactured 
     homes at 15 storage sites across the country;
       (4) these manufactured housing units were purchased to aid 
     disaster victims during the 2005 hurricane season;
       (5) it is anticipated that the number of unused mobile 
     homes and trailers could continue to increase as residents 
     find permanent housing;
       (6) many of these manufactured homes are now severely 
     damaged or may contain potentially harmful levels of 
     formaldehyde; and
       (7) the Federal Emergency Management Agency has had ample 
     time to assess the need for on-hand manufactured housing.

     SEC. 3. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING 
                   UNITS.

       (a) In General.--Not later than 3 months after the date of 
     enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency (in this section referred to as 
     the ``Administrator'') shall complete an assessment of the 
     number of manufactured housing units it finds necessary to 
     stock to respond to disasters occurring after the date of 
     enactment of this Act.
       (b) Plan.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 6 months after the date of enactment of this Act, 
     the Administrator shall establish a well developed plan for 
     permanently storing manufactured housing units necessary to 
     stock, selling or transferring usable surplus units, and 
     disposing of unusable units.
       (2) Exception.--
       (A) In general.--If the Administrator submits to Congress a 
     written certification that the Administrator is unable to 
     determine the safe level of exposure to formaldehyde for 
     purposes of travel trailers, the Administrator may exclude 
     from the plan under paragraph (1) any travel trailer that the 
     Administrator determines may contain formaldehyde.
       (B) Duration.--The authority to exclude travel trailers 
     under this paragraph shall terminate on the date on which the 
     Administrator of the Environmental Protection Agency 
     promulgates regulations regarding exposure levels for 
     formaldehyde that are applicable to travel trailers.
       (c) Implementation.--Not later than 9 months after the date 
     of enactment of this Act, the Administrator shall implement 
     the plan described in subsection (b).
       (d) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report on the status of the distribution, sale, 
     transfer, or disposal of unused manufactured housing units.

                    Amendment Offered by Mr. Rahall

  Mr. RAHALL. Madam Speaker, I have an amendment at the desk.
  The Clerk read as follows:

       Amendment offered by Mr. Rahall:
  Strike all after the enacting clause and insert the following:

     SECTION 1. STORAGE, SALE, TRANSFER, AND DISPOSAL OF HOUSING 
                   UNITS.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of FEMA.
       (2) Emergency; major disaster.--The terms ``emergency'' and 
     ``major disaster'' have the meanings given such terms in 
     section 102 of the Stafford Act (42 U.S.C. 5122).
       (3) FEMA.--The term ``FEMA'' means the Federal Emergency 
     Management Agency.
       (4) Hazard.--The term ``hazard'' has the meaning given such 
     term in section 602 of the Stafford Act (42 U.S.C. 5195a).
       (5) Usable condition.--The term ``usable condition'' means, 
     with respect to a temporary housing unit, a temporary housing 
     unit that provides a safe and sanitary living condition.
       (6) Stafford act.--The term ``Stafford Act'' means the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       (b) Needs Assessment; Establishment of Criteria.--Not later 
     than 3 months after the date of enactment of this Act, the 
     Administrator shall--
       (1) complete an assessment to determine the number of 
     temporary housing units purchased by FEMA that FEMA needs to 
     maintain in stock to respond appropriately to emergencies or 
     major disasters occurring after the date of enactment of this 
     Act; and
       (2) establish criteria for determining whether the 
     individual temporary housing units stored by FEMA are in 
     usable condition.
       (c) Plan.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator shall establish a 
     plan for--
       (A) storing the number of temporary housing units that the 
     Administrator has determined under subsection (b)(1) that 
     FEMA needs to maintain in stock;
       (B) selling, transferring, donating, or otherwise disposing 
     of the temporary housing units in the inventory of FEMA, as 
     of the date of enactment of this Act, that--
       (i) are in excess of the number of temporary housing units 
     that the Administrator has determined under subsection (b)(1) 
     that FEMA needs to maintain in stock; and
       (ii) are in usable condition, based on the criteria 
     established under subsection (b)(2); and
       (C) disposing of the temporary housing units in the 
     inventory of FEMA that the Administrator determines are not 
     in usable

[[Page 23358]]

     condition, based on the criteria established under subsection 
     (b)(2).
       (2) Implementation.--Not later than 9 months after the date 
     of enactment of this Act, the Administrator shall implement 
     the plan established under paragraph (1).
       (d) Applicability of Disposal Requirements.--
       (1) In general.--Any sale, transfer, donation, or disposal 
     of a temporary housing unit under the plan established under 
     subsection (c)(1) shall be subject to the requirements of 
     section 408(d)(2) of the Stafford Act (42 U.S.C. 5174(d)(2)) 
     and other applicable provisions of law.
       (2) Exception.--Notwithstanding paragraph (1), the 
     Administrator may sell, transfer, donate, or otherwise make 
     available temporary housing units in usable condition in the 
     inventory of FEMA, as of the date of enactment of this Act, 
     to States, other governmental entities, and voluntary 
     organizations for the purpose of providing temporary housing 
     to victims of incidents caused by hazards that do not result 
     in a declaration of a major disaster or emergency by the 
     President, if the Governor of the affected State certifies 
     that there is an urgent need for the temporary housing units 
     and that the State is unable to provide the temporary housing 
     units in a timely manner.
       (3) Limitation on statutory construction.--Nothing in this 
     section shall be construed to affect section 689k of the 
     Post-Katrina Emergency Management Reform Act of 2006 (120 
     Stat. 1456). For purposes of that section, a disposal of a 
     temporary housing unit under subsection (d)(2) shall be 
     treated as a disposal to house individuals or households 
     under section 408 of the Stafford Act (42 U.S.C. 5174).
       (e) Report.--Not later than one year after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Government Affairs of the Senate a report on the status of 
     the distribution, sale, transfer, donation, or other disposal 
     of the unused temporary housing units purchased by FEMA.

     SEC. 2. SPECIAL RULES FOR COVERED HURRICANE DAMAGES.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Covered hurricane damages.--The term ``covered 
     hurricane damages'' means damages suffered in the States of 
     Louisiana and Mississippi as a result of Hurricanes Katrina 
     and Rita.
       (2) President.--The term ``President'' means the President 
     acting through the Administrator of the Federal Emergency 
     Management Agency.
       (3) Stafford act.--The term ``Stafford Act'' means the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.).
       (b) In Lieu Contributions.--In providing contributions 
     under section 406(c) of the Stafford Act (42 U.S.C. 5172(c)) 
     for covered hurricane damages, the President shall substitute 
     90 percent for the otherwise applicable percentage specified 
     in paragraphs (1)(A) and (2)(A) of such section.
       (c) Alternative Dispute Resolution Procedures.--
       (1) In general.--Notwithstanding section 423 of the 
     Stafford Act (42 U.S.C. 5189a) or any regulation, the 
     President is authorized and encouraged to use alternative 
     dispute resolution procedures for appeals of decisions made 
     under sections 403, 406, and 407 of the Stafford Act (42 
     U.S.C. 5179b, 5172, and 5173) regarding the award or denial 
     of assistance, or the amount of assistance, provided to a 
     State, local government, or owner or operator of a private 
     facility for covered hurricane damages.
       (2) Denials of requests.--
       (A) Written notice.--If a State, local government, or owner 
     or operator of a private facility requests the use of 
     alternative dispute resolution procedures for an appeal 
     pursuant to paragraph (1) and the President denies the 
     request, the President shall provide to the State, local 
     government, or owner or operator written notice of the 
     denial, including the reasons for the denial.
       (B) Quarterly reports.--The President shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate, on at least a quarterly 
     basis, a report containing information on any denial 
     described in subparagraph (A) made by the President during 
     the period covered by the report, including the reasons for 
     the denial.
       (3) Applicability.--Paragraph (1) shall apply to an appeal 
     made by a State, local government, or owner or operator of a 
     private facility within 60 days after the date on which the 
     State, local government, or owner or operator is notified of 
     the decision that is the subject of the appeal.
       (4) Report to congress.--Not later than one year after the 
     date of enactment of this Act, the President shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate a report 
     containing a description of how alternative dispute 
     resolution procedures are being used pursuant to this 
     subsection and recommendations on whether the President 
     should be given the authority to use such procedures under 
     the Stafford Act on a permanent basis.
       (d) Use of Simplified Procedures.--For covered hurricane 
     damages, the President may use, if requested by a State or 
     local government or the owner or operator of a private 
     nonprofit facility, section 422 of the Stafford Act (42 
     U.S.C. 5189) for a project for which the Federal estimate of 
     the cost is less than $100,000.
       (e) Status Report.--Not later than 180 days after the date 
     of enactment of this Act, the President shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Homeland Security and 
     Government Affairs of the Senate a report regarding the 
     status of recovery for the States of Louisiana and 
     Mississippi from Hurricanes Katrina and Rita.

     SEC. 3. CASE MANAGEMENT.

       The President may provide services or assistance under 
     section 426 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5189d) for victims of any 
     major disaster relating to Hurricane Katrina or Hurricane 
     Rita.

     SEC. 4. INDIVIDUAL ASSISTANCE FACTORS.

       In order to provide more objective criteria for evaluating 
     the need for assistance to individuals and to speed a 
     declaration of a major disaster or emergency under the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), not later than one year after the date 
     of enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency, in cooperation with 
     representatives of State and local emergency management 
     agencies, shall review, update, and revise through rulemaking 
     the factors considered under section 206.48 of title 44, Code 
     of Federal Regulations, to measure the severity, magnitude, 
     and impact of a disaster.

  Mr. RAHALL (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading of the amendment.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The amendment was agreed to.
  Mr. ROSS. Madam Speaker, I rise today to express my support for the 
passage of the House amendment to S. 2382, the FEMA Accountability Act 
of 2008.
  I want to thank Chairman Oberstar and Ranking Member Mica of the 
Transportation and Infrastructure Committee for all of their hard work 
on this bill. I also want to thank Senator Mark Pryor, who introduced 
the Senate version of this bill and whom I have worked tirelessly with 
to ensure that this critical legislation becomes law.
  Last year, I introduced H.R. 4830, the House version of this 
legislation which would require FEMA to quickly and fairly address the 
abundance of surplus temporary housing units stored by the Federal 
Government across the Nation at taxpayer expense. My bill would require 
FEMA to devise a plan to distribute the excess temporary housing units 
being stored around the country that have been deemed safe and ready to 
be used.
  The legislation specifically gives the agency 3 months to determine 
the number of housing it needs on hand to shelter future disaster 
victims; 6 months to provide a plan to permanently store the units it 
plans to keep, sell usable surplus units and dispose the rest; 9 months 
to implement its plan, and one year to report the status to Congress.
  Families all over the Nation are in desperate need of housing. 
However, as many of you know many of the manufactured homes and travel 
trailers purchased by FEMA for use in Hurricane Katrina are still 
sitting unused in FEMA staging areas around the country. In my 
congressional district alone, FEMA is storing over 7,000 brand new, 
fully furnished, never before used manufactured homes in Hope, 
Arkansas.
  These manufactured homes were originally purchased for Hurricane 
Katrina victims, but never made it to them. Instead, they have been 
sitting idly by in Hope since 2005. Since that time, many other natural 
disasters have occurred where temporary housing units were desperately 
needed by those who lost their homes.
  However, it is my hope that the passage of this bill today will make 
FEMA recognize the continuing need to change this and deliver these 
homes to families all over the nation that desperately need them.
  Mr. MICA. Madam Speaker, I rise in support of S. 2382, the FEMA 
Accountability Act of 2008, which would enable the Federal Emergency 
Management Agency (FEMA) to better manage the thousands of excess 
trailers in its inventory since Hurricane Katrina.
  First, I would like to thank Chairman Oberstar and Subcommittee 
Chairwoman Norton

[[Page 23359]]

for working with me in a bipartisan manner to make an important 
revision to this bill.
  I would also like to thank Congressman Mike Ross from Arkansas who 
has been working with me to cleanup FEMA's trailer mess for several 
years now.
  In 2006 and 2007, several neighborhoods in our districts were 
devastated by tornados, and numerous families were left homeless.
  After the Christmas Day 2006 tornados in my district it took almost 2 
months to receive a federal disaster declaration and authorization for 
housing assistance. In the meantime my constituents had no place to 
turn for help after the temporary shelters closed.
  At one point I had half a dozen of my congressional committee lawyers 
and FEMA lawyers on the telephone trying to figure out how FEMA could 
take a few of the hundreds of excess trailers it had stored near 
Orlando and use them to house these homeless tornado victims.
  Ultimately we received a federal disaster declaration and several 
trailers before FEMA could figure out how to make some of its excess 
trailers available without a federal disaster declaration.
  In Congressman Ross's case, his district was never declared a federal 
disaster area after several tornados struck his district, and it took 
months for FEMA to come up with a way to transfer excess trailers to 
the State and help his homeless tornado victims.
  The ridiculous part of this story is that FEMA had over 60,000 excess 
trailers at the time and it was spending over $3 million a year to 
store them in 17 storage areas across the country.
  In typical government fashion, the taxpayer spent almost a billion 
dollars on trailers after Hurricane Katrina. Tens of thousands of them 
were never used. And FEMA was unable to provide them to states to house 
homeless tornado victims.
  In response to this mess, Congressman Ross and I introduced 
legislation to provide FEMA authority to transfer excess trailers to 
state and local governments and voluntary disaster relief organizations 
to house disaster victims even if a federal disaster has not been 
declared.
  These are trailers that FEMA does not need for its own purposes and 
that FEMA is spending millions of dollars a year to store and maintain.
  I am pleased we were able to include language addressing this problem 
in the bill we are approving today.
  Again let me thank Chairman Oberstar and Subcommittee Chairwoman 
Norton for working with me in a bipartisan manner, and I urge my 
colleagues to support this bill.
  Mr. OBERSTAR. Madam Speaker, I rise in strong support of S. 2382, as 
amended, to require the Administrator of the Federal Emergency 
Management Agency (``FEMA'') to quickly and fairly address the 
abundance of surplus manufactured housing units stored by the Federal 
Government around the country.
  S. 2382, as amended, addresses a number of critical disaster recovery 
issues related to FEMA. I thank the gentleman from Arkansas (Mr. Ross), 
the sponsor of H.R. 4830, the House companion measure to S. 2382, for 
his critical support for this legislation.
  S. 2382 addresses an ongoing consequence of the response to 
Hurricanes Katrina and Rita. As a result of stockpiling trailers in the 
aftermath of these devastating storms, FEMA owns a large number of 
trailers and other temporary housing units that the agency is not using 
and may never need. Some of these units have never been used.
  S. 2382 requires FEMA to assess the number of temporary housing units 
necessary to meet requirements for major disasters and emergencies 
under the Stafford Act. FEMA is also required to establish a plan for 
storing the units that the agency needs, and disposing of those 
trailers that it does not need. S. 2382 provides FEMA with the 
flexibility to provide these excess trailers to state and local 
governments to house victims of incidents caused by hazards that do not 
result in a Federally-declared major disaster or emergency, provided 
that the Governor of an affected State certifies that there is an 
urgent need for the housing.
  S. 2382, as amended, also includes some common-sense provisions from 
H.R. 3247, the ``Hurricanes Katrina and Rita Recovery Facilitation Act 
of 2007'', which passed by the House on October 29, 2007, and provides 
specific relief for problems associated with recovery efforts from 
Hurricanes Katrina and Rita. The bill authorizes changes made to the 
public assistance program under the Stafford Act that only apply 
retroactively to the recovery efforts from those devastating storms. 
These provisions include an increase in the Federal contribution for 
alternate projects from the current level of 75 percent to 90 percent, 
thereby allowing communities to rebuild their facilities in the most 
efficient manner possible. The bill also allows state and local 
governments to use alternate dispute resolution to solve some of the 
most difficult and lingering issues in the recovery from these storms. 
To help expedite the recovery, S. 2382 also allows FEMA to use a 
simplified procedure under which small projects are permitted to 
proceed based on estimates. The bill increases the ceiling for small 
projects to $100,000, an increase from the current level of $55,000. 
Finally, S. 2382 requires FEMA to expeditiously report back to Congress 
on the status of its recovery efforts from these storms.
  S. 2382, as amended, also includes a provision from H.R. 3247, as 
reported by the Senate Committee on Homeland Security and Government 
Affairs, that authorizes FEMA to provide case management services to 
citizens impacted by Hurricanes Katrina and Rita. It is unfortunate 
that some citizens still require these services as they struggle to 
recover three years after these storms.
  The bill further requires FEMA to review, update, and revise, through 
rulemaking, the factors considered in making recommendations for the 
assistance to individuals and families under the Stafford Act as 
provided in 44 CFR 206.48. State and local governments have expressed 
concerns about the lack of clarity in these regulations, which they use 
to gauge when to seek assistance from the Federal Government.
  I thank the gentleman from Florida (Mr. Mica), Ranking Member of the 
Committee on Transportation and Infrastructure, for working with me on 
this bipartisan amendment to S. 2382, and I strongly support its 
passage.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                HONORING THE HERITAGE OF THE COAST GUARD

  Mr. RAHALL. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table House Resolution 1382 and ask for its immediate 
consideration.
  The Clerk read the title of the resolution.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the resolution is as follows:

                              H. Res. 1382

       Whereas the Coast Guard, including its predecessor 
     organizations, has a long and distinguished heritage dating 
     back to the very first Congress in 1789;
       Whereas the Coast Guard is now in its 219th year of 
     protecting the coast, saving life and property, protecting 
     the environment, and ensuring the safety of life and property 
     at sea;
       Whereas the Coast Guard and its predecessor organizations 
     have been responsible for safe navigation since Congress--
       (1) authorized ``the necessary support, maintenance and 
     repairs of all lighthouse, beacons, buoys'', and specifically 
     authorized the construction of the first Federal lighthouse 
     at the mouth of the Chesapeake Bay, on August 7, 1789; and
       (2) established the Lighthouse Board on October 9, 1852;
       Whereas the Coast Guard and its predecessor organizations 
     have, since September 1, 1789, been responsible for 
     registering (documenting) vessels of the United States;
       Whereas the Coast Guard and its predecessor organizations 
     have protected the coast since Congress authorized the 
     President to build and equip ten revenue cutters, on August 
     4, 1790, which were to be paid for from ``duties on goods, 
     wares and merchandise, imported into the United States, and 
     on the tonnage of ships or vessels'';
       Whereas the Coast Guard and its predecessor organizations 
     have inspected vessels since Congress adopted, on July 7, 
     1838, an Act ``to provide better security of the lives of 
     passengers on board of vessels propelled in whole or in part 
     by steam'', thus beginning the Steamboat Inspection Service;
       Whereas the Coast Guard and its predecessor organizations 
     have conducted lifesaving operations along our coasts since 
     Congress first appropriated funding for life-saving equipment 
     for the use of volunteers on August 14, 1848, the first 
     lifesaving stations were authorized on June 20, 1874, and the 
     Life-Saving Service was established by Act of Congress on 
     June 19, 1878;
       Whereas the Coast Guard and its predecessor organizations 
     have had ``superintendence of all commercial marine and 
     merchant seamen of the United States . . .''; been ``charged 
     with the supervision of the laws relating to the 
     admeasurement of vessels, and the assigning of signal letters 
     thereto, and designating their official number . . .''; and 
     ``annually prepare and publish a list of vessels of the 
     United States . . .'' since Congress established Shipping 
     Commissioners on

[[Page 23360]]

     June 7, 1872, and established the Bureau of Navigation on 
     July 5, 1884;
       Whereas the Revenue Cutter Service and the Life-Saving 
     Service were merged, by Act of Congress signed into law on 
     January 28, 1915, to form the Coast Guard as an agency of the 
     Department of the Treasury;
       Whereas the Lighthouse Service became part of the Coast 
     Guard on July 1, 1939, as part of a government reorganization 
     plan adopted by Congress on April 3, 1939;
       Whereas the Bureau of Marine Inspection and Navigation (a 
     merger of the Steamboat Inspection Service and the Bureau of 
     Navigation) became part of the Coast Guard in another 
     reorganization in July 1946;
       Whereas the Coast Guard was transferred from the Department 
     of the Treasury to the newly established Department of 
     Transportation on April 1, 1967; and
       Whereas the Coast Guard was transferred to the newly 
     established Department of Homeland Security in March 2003: 
     Now, therefore, be it
       Resolved, That the House of Representatives recognizes and 
     honors all the men and women of the Coast Guard and its 
     predecessor organizations since August 7, 1789.

  The resolution was agreed to.
  A motion to reconsider was laid on the table.

                          ____________________




                     BROADBAND DATA IMPROVEMENT ACT

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that the Committee 
on Energy and Commerce be discharged from further consideration of the 
Senate bill (S. 1492) to improve the quality of Federal and State data 
regarding the availability and quality of broadband services and to 
promote the deployment of affordable broadband services to all parts of 
the Nation, and ask for its immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from West Virginia?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 1492

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Broadband Data Improvement 
     Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) The deployment and adoption of broadband technology has 
     resulted in enhanced economic development and public safety 
     for communities across the Nation, improved health care and 
     educational opportunities, and a better quality of life for 
     all Americans.
       (2) Continued progress in the deployment and adoption of 
     broadband technology is vital to ensuring that our Nation 
     remains competitive and continues to create business and job 
     growth.
       (3) Improving Federal data on the deployment and adoption 
     of broadband service will assist in the development of 
     broadband technology across all regions of the Nation.
       (4) The Federal Government should also recognize and 
     encourage complementary state efforts to improve the quality 
     and usefulness of broadband data and should encourage and 
     support the partnership of the public and private sectors in 
     the continued growth of broadband services and information 
     technology for the residents and businesses of the Nation.

     SEC. 3. IMPROVING FEDERAL DATA ON BROADBAND.

       (a) Improving FCC Broadband Data.--Within 120 days after 
     the date of enactment of this Act, the Federal Communications 
     Commission shall issue an order in WC docket No. 07-38 which 
     shall, at a minimum--
       (1) revise or update, if determined necessary, the existing 
     definitions of advanced telecommunications capability, or 
     broadband;
       (2) establish a new definition of second generation 
     broadband to reflect a data rate that is not less than the 
     data rate required to reliably transmit full-motion, high-
     definition video; and
       (3) revise its Form 477 reporting requirements to require 
     filing entities to report broadband connections and second 
     generation broadband connections by 5-digit postal zip code 
     plus 4-digit location.
       (b) Exception.--The Commission shall exempt an entity from 
     the reporting requirements of subsection (a)(3) if the 
     Commission determines that a compliance by that entity with 
     the requirements is cost prohibitive, as defined by the 
     Commission.
       (c) Improving Section 706 Inquiry.--Section 706 of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt) is 
     amended--
       (1) by striking ``regularly'' in subsection (b) and 
     inserting ``annually'';
       (2) by redesignating subsection (c) as subsection (e); and
       (3) by inserting after subsection (b) the following:
       ``(c) Measurement of Extent of Deployment.--In determining 
     under subsection (b) whether advanced telecommunications 
     capability is being deployed to all Americans in a reasonable 
     and timely fashion, the Commission shall consider data 
     collected using 5-digit postal zip code plus 4-digit 
     location.
       ``(d) Demographic Information for Unserved Areas.--As part 
     of the inquiry required by subsection (b), the Commission 
     shall, using 5-digit postal zip code plus 4-digit location 
     information, compile a list of geographical areas that are 
     not served by any provider of advanced telecommunications 
     capability (as defined by section 706(c)(1) of the 
     Telecommunications Act of 1996 (47 U.S.C. 157 nt)) and to the 
     extent that data from the Census Bureau is available, 
     determine, for each such unserved area--
       ``(1) the population;
       ``(2) the population density; and
       ``(3) the average per capita income.'';
       (4) by inserting ``an evolving level of'' after 
     ``technology,'' in paragraph (1) of subsection (e), as 
     redesignated.
       (d) Improving Census Data on Broadband.--The Secretary of 
     Commerce, in consultation with the Federal Communications 
     Commission, shall expand the American Community Survey 
     conducted by the Bureau of the Census to elicit information 
     for residential households, including those located on native 
     lands, to determine whether persons at such households own or 
     use a computer at that address, whether persons at that 
     address subscribe to Internet service and, if so, whether 
     such persons subscribe to dial-up or broadband Internet 
     service at that address.

     SEC. 4. STUDY ON ADDITIONAL BROADBAND METRICS AND STANDARDS.

       (a) In General.--The Comptroller General shall conduct a 
     study to consider and evaluate additional broadband metrics 
     or standards that may be used by industry and the Federal 
     Government to provide users with more accurate information 
     about the cost and capability of their broadband connection, 
     and to better compare the deployment and penetration of 
     broadband in the United States with other countries. At a 
     minimum, such study shall consider potential standards or 
     metrics that may be used--
       (1) to calculate the average price per megabyte of 
     broadband offerings;
       (2) to reflect the average actual speed of broadband 
     offerings compared to advertised potential speeds;
       (3) to compare the availability and quality of broadband 
     offerings in the United States with the availability and 
     quality of broadband offerings in other industrialized 
     nations, including countries that are members of the 
     Organization for Economic Cooperation and Development; and
       (4) to distinguish between complementary and substitutable 
     broadband offerings in evaluating deployment and penetration.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Energy and Commerce on the results of the study, with 
     recommendations for how industry and the Federal 
     Communications Commission can use such metrics and 
     comparisons to improve the quality of broadband data and to 
     better evaluate the deployment and penetration of comparable 
     broadband service at comparable rates across all regions of 
     the Nation.

     SEC. 5. STUDY ON THE IMPACT OF BROADBAND SPEED AND PRICE ON 
                   SMALL BUSINESSES.

       (a) In General.--The Small Business Administration Office 
     of Advocacy shall conduct a study evaluating the impact of 
     broadband speed and price on small businesses.
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Office shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Small Business and 
     Entrepreneurship, the House of Representatives Committee on 
     Energy and Commerce, and the House of Representatives 
     Committee on Small Business on the results of the study, 
     including--
       (1) a survey of broadband speeds available to small 
     businesses;
       (2) a survey of the cost of broadband speeds available to 
     small businesses;
       (3) a survey of the type of broadband technology used by 
     small businesses; and
       (4) any policy recommendations that may improve small 
     businesses access to comparable broadband services at 
     comparable rates in all regions of the Nation.

     SEC. 6. ENCOURAGING STATE INITIATIVES TO IMPROVE BROADBAND.

       (a) Purposes.--The purposes of any grant under subsection 
     (b) are--
       (1) to ensure that all citizens and businesses in a State 
     have access to affordable and reliable broadband service;
       (2) to achieve improved technology literacy, increased 
     computer ownership, and home broadband use among such 
     citizens and businesses;
       (3) to establish and empower local grassroots technology 
     teams in each State to plan

[[Page 23361]]

     for improved technology use across multiple community 
     sectors; and
       (4) to establish and sustain an environment ripe for 
     broadband services and information technology investment.
       (b) Establishment of State Broadband Data and Development 
     Grant Program.--
       (1) In general.--The Secretary of Commerce shall award 
     grants, taking into account the results of the peer review 
     process under subsection (d), to eligible entities for the 
     development and implementation of statewide initiatives to 
     identify and track the availability and adoption of broadband 
     services within each State.
       (2) Competitive basis.--Any grant under subsection (b) 
     shall be awarded on a competitive basis.
       (c) Eligibility.--To be eligible to receive a grant under 
     subsection (b), an eligible entity shall--
       (1) submit an application to the Secretary of Commerce, at 
     such time, in such manner, and containing such information as 
     the Secretary may require; and
       (2) contribute matching non-Federal funds in an amount 
     equal to not less than 20 percent of the total amount of the 
     grant.
       (d) Peer Review; Nondisclosure.--
       (1) In general.--The Secretary shall by regulation require 
     appropriate technical and scientific peer review of 
     applications made for grants under this section.
       (2) Review procedures.--The regulations required under 
     paragraph (1) shall require that any technical and scientific 
     peer review group--
       (A) be provided a written description of the grant to be 
     reviewed;
       (B) provide the results of any review by such group to the 
     Secretary of Commerce; and
       (C) certify that such group will enter into voluntary 
     nondisclosure agreements as necessary to prevent the 
     unauthorized disclosure of confidential and proprietary 
     information provided by broadband service providers in 
     connection with projects funded by any such grant.
       (e) Use of Funds.--A grant awarded to an eligible entity 
     under subsection (b) shall be used--
       (1) to provide a baseline assessment of broadband service 
     deployment in each State;
       (2) to identify and track--
       (A) areas in each State that have low levels of broadband 
     service deployment;
       (B) the rate at which residential and business users adopt 
     broadband service and other related information technology 
     services; and
       (C) possible suppliers of such services;
       (3) to identify barriers to the adoption by individuals and 
     businesses of broadband service and related information 
     technology services, including whether or not--
       (A) the demand for such services is absent; and
       (B) the supply for such services is capable of meeting the 
     demand for such services;
       (4) to identify the speeds of broadband connections made 
     available to individuals and businesses within the State, 
     and, at a minimum, to rely on the data rate benchmarks for 
     broadband and second generation broadband identified by the 
     Federal Communications Commission to promote greater 
     consistency of data among the States;
       (5) to create and facilitate in each county or designated 
     region in a State a local technology planning team--
       (A) with members representing a cross section of the 
     community, including representatives of business, 
     telecommunications labor organizations, K-12 education, 
     health care, libraries, higher education, community-based 
     organizations, local government, tourism, parks and 
     recreation, and agriculture; and
       (B) which shall--
       (i) benchmark technology use across relevant community 
     sectors;
       (ii) set goals for improved technology use within each 
     sector; and
       (iii) develop a tactical business plan for achieving its 
     goals, with specific recommendations for online application 
     development and demand creation;
       (6) to work collaboratively with broadband service 
     providers and information technology companies to encourage 
     deployment and use, especially in unserved and underserved 
     areas, through the use of local demand aggregation, mapping 
     analysis, and the creation of market intelligence to improve 
     the business case for providers to deploy;
       (7) to establish programs to improve computer ownership and 
     Internet access for unserved and underserved populations;
       (8) to collect and analyze detailed market data concerning 
     the use and demand for broadband service and related 
     information technology services;
       (9) to facilitate information exchange regarding the use 
     and demand for broadband services between public and private 
     sectors; and
       (10) to create within each State a geographic inventory map 
     of broadband service, and where feasible second generation 
     broadband service, which shall--
       (A) identify gaps in such service through a method of 
     geographic information system mapping of service availability 
     at the census block level; and
       (B) provide a baseline assessment of statewide broadband 
     deployment in terms of households with high-speed 
     availability.
       (f) Participation Limit.--For each State, an eligible 
     entity may not receive a new grant under this section to fund 
     the activities described in subsection (d) within such State 
     if such organization obtained prior grant awards under this 
     section to fund the same activities in that State in each of 
     the previous 4 consecutive years.
       (g) Reporting.--The Secretary of Commerce shall--
       (1) require each recipient of a grant under subsection (b) 
     to submit a report on the use of the funds provided by the 
     grant; and
       (2) create a web page on the Department of Commerce web 
     site that aggregates relevant information made available to 
     the public by grant recipients, including, where appropriate, 
     hypertext links to any geographic inventory maps created by 
     grant recipients under subsection (e)(10).
       (h) Definitions.--In this section:
       (1) Eligible Entity.--The term ``eligible entity'' means a 
     non-profit organization that is selected by a State to work 
     in partnership with State agencies and private sector 
     partners in identifying and tracking the availability and 
     adoption of broadband services within each State.
       (2) Nonprofit Organization.--The term ``nonprofit 
     organization'' means an organization--
       (A) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     Code;
       (B) no part of the net earnings of which inures to the 
     benefit of any member, founder, contributor, or individual;
       (C) that has an established competency and proven record of 
     working with public and private sectors to accomplish 
     widescale deployment and adoption of broadband services and 
     information technology; and
       (D) the board of directors of which is not composed of a 
     majority of individuals who are also employed by, or 
     otherwise associated with, any Federal, State, or local 
     government or any Federal, State, or local agency.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $40,000,000 for 
     each of fiscal years 2008 through 2012.
       (j) No Regulatory Authority.--Nothing in this section shall 
     be construed as giving any public or private entity 
     established or affected by this Act any regulatory 
     jurisdiction or oversight authority over providers of 
     broadband services or information technology.

                    Amendment Offered by Mr. Markey

  Mr. MARKEY. Madam Speaker, I have an amendment at the desk.
  The Clerk read as follows:

       Amendment offered by Mr. Markey:
       In section 213, strike ``Senate Committee on Commerce, 
     Science, and Transportation'' and insert ``Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives''.
       In section 214(b), strike ``Assistant Secretary and the 
     Senate Committee on Commerce, Science, and Transportation'' 
     and insert ``Assistant Secretary, the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Energy and Commerce of the House of Representatives''.
       In the matter appearing immediately after section 216, 
     strike ``TITLE II'' and insert ``Subtitle B''.

  Mr. MARKEY (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading of the amendment.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The amendment was agreed to.
  Mr. DINGELL. Madam Speaker, I rise in support of S. 1492. Title I of 
S. 1492 is the Broadband Data Improvement Act. This Act puts the 
country further down the path toward universal broadband deployment, a 
goal we must achieve. It does so by improving the quality of data that 
the Federal Communications Commission collects concerning broadband 
deployment and adoption. It requires annual reports on the state of 
broadband deployment and also requires the Commission to conduct 
consumer surveys on broadband use, price, speed, and availability. 
Importantly, Title I requires a comparison of broadband deployment at 
home with broadband deployment abroad. Armed with this information, 
policy makers will be able to make more informed decisions to increase 
broadband penetration and drive its deployment.
  Title I also directs the Secretary of Commerce to develop a grant 
program to help take stock of broadband availability in States. 
Unfortunately, Title I does not require the construction of a 
nationwide map depicting broadband deployment. I am hopeful that we can 
work toward that goal as this legislation is implemented. And while I 
am disappointed

[[Page 23362]]

that Title I does not authorize funding for this crucial grant program, 
directing the Secretary of Commerce to establish it is a victory for 
American consumers.
  Even though the Broadband Data Improvement Act does not include every 
provision from the similar bill that passed the House unanimously, it 
is a solid step in the right direction, and it deserves our full 
support.
  Title II of S. 1492 is largely based on legislation authorized by 
Rep. Melissa Bean and aims to promote the safety of children on the 
Internet and protect them from online predators and cybercrimes. It 
directs the Federal Trade Commission, FTC, the Nation's foremost 
consumer protection agency, to carry out a nationwide educational 
campaign on the safe use of the Internet by children. This legislation 
will ensure that the FTC's educational efforts are both wide-ranging 
and inclusive of other governmental and private organizations that are 
dedicated to safe Internet use. It also ensures that the FTC keeps 
Congress apprised of its activities through submission of annual 
reports.
  Title II also further promotes children's Internet safety by 
directing the Assistant Secretary of Commerce for Communications and 
Information to establish a working group of government, industry, and 
public interest. To keep Congress informed, the Assistant Secretary 
must submit a report 1 year after formation of the working group to the 
appropriate Committees.
  Finally, Title II promotes online safety education in schools. It 
focuses in particular on appropriate behavior in networking sites and 
chat rooms and awareness of cyber bullying.
  I congratulate Representatives Markey, Bean, and others who worked on 
this fine bill. I urge my colleagues to support its passage.
  Mr. MARKEY. Madam Speaker, I rise in support of S. 1492, the 
Broadband Data Improvement Act. This is companion legislation to H.R. 
3919, the Broadband Census of America Act of 2007, which passed the 
House unanimously last November.
  Madam Speaker, an overarching telecommunications policy goal for the 
United States is achieving ubiquitously available, competitive, high 
speed, affordable broadband service for all Americans. Such broadband 
service capability is indispensable to various aspects of the United 
States economy, including public safety, education, entrepreneurial 
investment, innovation, job creation, health care delivery and energy 
efficiency.
  The ability of the United States to promote and achieve a 
competitive, high speed broadband infrastructure will also be a key 
factor in determining our nation's success in the fiercely competitive 
global economy. International competitors to the United States are 
achieving progress in broadband deployment and adoption. Many countries 
have broadband service capability superior to the United States in 
terms of choice, speed, and price.
  For the United States, offering broadband service capability at ever 
higher transmission speeds could spur new growth and investment in 
cutting-edge applications, services, and technologies that utilize 
higher bandwidth functionality.
  The Senate bill contains several provisions which directly stem from 
H.R. 3919, including the international comparison and the consumer 
survey. While I wish the Senate bill contained the more rigorous data 
collection and disclosure that was contained in the House-passed bill, 
I believe the Senate bill makes sorely-needed progress in bolstering 
the data collection needed for policymakers to have a better sense of 
America's progress, or lack thereof, in broadband deployment, speed, 
and affordability.
  Without question, ascertaining whether the Nation is achieving its 
broadband policy, goals has been stymied by a significant lack of data 
about the nature and extent of broadband service deployment and 
adoption throughout the country. The Government Accountability Office, 
GAO, in a May 2006 report, assessed the available data about broadband 
deployment and concluded that while such deployment is present in some 
form across the Nation, it remains difficult to decipher which 
geographic areas are un-served or underserved. Also difficult to 
determine is the type of service, the speed, and the price of broadband 
service capability available in discrete urban, suburban, and rural 
areas of the country.
  More and better data about the nature and extent of broadband 
deployment and adoption is clearly needed and this legislation is a 
first step in getting the better data policymakers need. Indeed, the 
dearth of basic information available to the public and policymakers 
concerning availability, speed, price, and type of broadband service 
technology is highly problematic for a nation which ostensibly has 
competitive, affordable broadband service for every citizen as its 
highest telecommunications policy goal.
  The fact that such information has not been obtained and is not 
readily available adversely affects the ability of policymakers to make 
sound decisions. For instance, the Federal Government could achieve 
significantly better performance from its multibillion dollar grant and 
subsidy programs, and effectively reform them, if better and more 
comprehensive data were readily available. Discerning which parts of 
the country are served by broadband service capability and which parts 
are un-served has proven elusive to policymakers.
  This goal of this legislative effort from the start was the creation 
of a nationwide map of broadband data. I believe the Secretary of 
Commerce should create a Web site through the National 
Telecommunications and Information Administration, NTIA, depicting 
broadband inventory maps of all the States as outlined in the House-
passed bill. The House-passed bill provides a roadmap for the ideal 
type of searchable map and the mechanisms by which the NTIA could 
achieve this objective. NTIA has authority today to pursue this 
worthwhile endeavor and the Bush administration should have sought to 
implement this idea long ago, using information readily available from 
public sources, from the States, from the FCC, or from industry 
participants or organizations themselves. At a minimum, and as a first 
step, the pending legislation would require that the Secretary of 
Commerce should create a Web site to depict such nationwide data by 
including those maps created by grant recipients where appropriate. 
Ideally, grant recipients for State-wide efforts will be found in all 
the States and much of the rudimentary data to begin creating a truly 
robust national map can be developed at the state level and simply 
uploaded or linked to the Web site map or maps that NTIA creates.
  In addition, a concomitant goal of this legislative effort from the 
beginning was to improve the quantity and quality of broadband data 
collected by and available to the Federal Communications Commission. 
When we began this effort, the FCC's available data was woefully 
inadequate with respect to broadband deployment, availability, speed, 
price and other metrics. Worse, the data collected was in a form that 
often misrepresented the reality of broadband deployment in the 
country. The FCC took action this year to improve the data it collects 
but it did not go far enough in my opinion. This legislation also does 
not go far enough and certainly is not as thorough and complete with 
respect to the collection and reporting of data as the House-passed 
bill. Yet it does represent additional progress. Obviously nothing in 
this bill is designed or should be construed to in any way limit the 
ability of the FCC to collect better and more accurate data, or to 
utilize such data internally, or to publicly report such data in a way 
that is conducive to wise policymaking or otherwise consistent with its 
precedents for making non-proprietary data public.
  Again, this bill represents an important step in developing an 
overarching blueprint for broadband policy in the United States. As 
such, it is worthy of passage. Enacting this bill will also avail 
lawmakers of the opportunity to jump right into developing broader 
legislation early next year. By not having to re-pass this measure all 
over again, we will be able to more immediately pursue additional 
concrete broadband policy proposals legislatively, including those to 
promote greater broadband and voice competition, to rekindle the 
prospects for broadband innovation, affordability, and consumer choice, 
and to ensure that architectural openness and consumer privacy are 
hallmarks of our Nation's broadband policy.
  The legislation also includes language on Internet child safety. This 
is language that is similar to provisions spearheaded by our House 
colleague Representative Melissa Bean and we are pleased that her 
multi-year efforts have resulted in the inclusion of this language in 
the bill.
  I again want to thank Mr. Barton, Chairman Dingell, Mr. Stearns, and 
Mr. Upton for their cooperation in working on this bill. I again want 
to commend Senator Inouye and his staff, Jessica Rosenworcel, Margaret 
Cummisky, and Alex Hoehn-Saric, and the staff for the House Republican 
side, Neil Fried, David Cavicke, and Courtney Reinhard, and on the 
Democratic side I want to salute the excellent work of Amy Levine, Tim 
Powderly, Mark Seifert, and David Vogel. I urge members of the House to 
support the bill.
  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                             GENERAL LEAVE

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that all Members

[[Page 23363]]

may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill just passed by the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.

                          ____________________




           METHAMPHETAMINE PRODUCTION PREVENTION ACT OF 2007

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that the Committee 
on Energy and Commerce and the Committee on the Judiciary be discharged 
from further consideration of the Senate bill (S. 1276) to establish a 
grant program to facilitate the creation of methamphetamine precursor 
electronic logbook systems, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the Senate bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  The text of the Senate bill is as follows:

                                S. 1276

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Methamphetamine Production 
     Prevention Act of 2007''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the manufacture, distribution and use of 
     methamphetamine have inflicted damages on individuals, 
     families, communities, businesses, the economy, and the 
     environment throughout the United States;
       (2) methamphetamine is unique among illicit drugs in that 
     the harms relating to methamphetamine stem not only from its 
     distribution and use, but also from the manufacture of the 
     drug by ``cooks'' in clandestine labs throughout the United 
     States;
       (3) Federal and State restrictions limiting the sale of 
     legal drug products that contain methamphetamine precursors 
     have reduced the number and size of domestic methamphetamine 
     labs;
       (4) domestic methamphetamine cooks have managed to 
     circumvent restrictions on the sale of methamphetamine 
     precursors by ``smurfing'', or purchasing impermissibly large 
     cumulative amounts of precursor products by traveling from 
     retailer to retailer and buying permissible quantities at 
     each retailer;
       (5) although Federal and State laws require retailers of 
     methamphetamine precursor products to keep written or 
     electronic logbooks recording sales of precursor products, 
     retailers are not always required to transmit this logbook 
     information to appropriate law enforcement and regulatory 
     agencies, except upon request;
       (6) when retailers' logbook information regarding sales of 
     methamphetamine precursor products is kept in a database in 
     an electronic format and transmitted between retailers and 
     appropriate law enforcement and regulatory agencies, such 
     information can be used to further reduce the number of 
     domestic methamphetamine labs by preventing the sale of 
     methamphetamine precursors in excess of legal limits, and by 
     identifying and prosecuting ``smurfs'' and others involved in 
     methamphetamine manufacturing;
       (7) States and local governments are already beginning to 
     develop such electronic logbook database systems, but they 
     are hindered by a lack of resources;
       (8) efforts by States and local governments to develop such 
     electronic logbook database systems may also be hindered by 
     logbook recordkeeping requirements contained in section 
     310(e) of the Controlled Substances Act (21 U.S.C. 830(e)) 
     that are tailored to written logbooks and not to electronic 
     logbooks; and
       (9) providing resources to States and localities and making 
     technical corrections to the Combat Methamphetamine Epidemic 
     Act of 2005 will allow more rapid and widespread development 
     of such electronic logbook systems, thereby reducing the 
     domestic manufacture of methamphetamine and its associated 
     harms.

     SEC. 3. DEFINITIONS.

       In this Act--
       (1) the term ``local'' means a county, city, town, 
     township, parish, village, or other general purpose political 
     subdivision of a State;
       (2) the term ``methamphetamine precursor electronic logbook 
     system'' means a system by which a regulated seller 
     electronically records and transmits to an electronic 
     database accessible to appropriate law enforcement and 
     regulatory agencies information regarding the sale of a 
     scheduled listed chemical product that is required to be 
     maintained under section 310(e) of the Controlled Substances 
     Act (21 U.S.C. 830(e)) (as amended by this Act), State law 
     governing the distribution of a scheduled listed chemical 
     product, or any other Federal, State, or local law;
       (3) the terms ``regulated seller'' and ``scheduled listed 
     chemical product'' have the meanings given such terms in 
     section 102 of the Controlled Substances Act (21 U.S.C. 802); 
     and
       (4) the term ``State''--
       (A) means a State of the United States, the District of 
     Columbia, and any commonwealth, territory, or possession of 
     the United States; and
       (B) includes an ``Indian tribe'', as that term is defined 
     in section 102 of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 479a).

     SEC. 4. AUTHORIZATION FOR EFFECTIVE METHAMPHETAMINE PRECURSOR 
                   ELECTRONIC LOGBOOK SYSTEMS.

       Section 310(e)(1) of the Controlled Substances Act (21 
     U.S.C. 830(e)(1)) is amended--
       (1) in subparagraph (A)(iii), by striking ``a written or 
     electronic list'' and inserting ``a written list or an 
     electronic list that complies with subparagraph (H)''; and
       (2) adding at the end the following:
       ``(H) Electronic logbooks.--
       ``(i) In general.--A logbook maintained in electronic form 
     shall include, for each sale to which the requirement of 
     subparagraph (A)(iii) applies, the name of any product sold, 
     the quantity of that product sold, the name and address of 
     each purchaser, the date and time of the sale, and any other 
     information required by State or local law.
       ``(ii) Sellers.--In complying with the requirements of 
     clause (i), a regulated seller may--

       ``(I) ask a prospective purchaser for the name and address, 
     and enter such information into the electronic logbook, and 
     if the seller enters the name and address of the prospective 
     purchaser into the electronic logbook, the seller shall 
     determine that the name entered into the electronic logbook 
     corresponds to the name provided on the identification 
     presented by the purchaser under subparagraph (A)(iv)(I)(aa); 
     and
       ``(II) use a software program that automatically and 
     accurately records the date and time of each sale.

       ``(iii) Purchasers.--A prospective purchaser in a sale to 
     which the requirement of subparagraph (A)(iii) applies that 
     is being documented in an electronic logbook shall provide a 
     signature in at least one of the following ways:

       ``(I) Signing a device presented by the seller that 
     captures signatures in an electronic format.
       ``(II) Signing a bound paper book.
       ``(III) Signing a printed document that corresponds to the 
     electronically-captured logbook information for such 
     purchaser.

       ``(iv) Electronic signatures.--

       ``(I) Device.--Any device used under clause (iii)(I) 
     shall--

       ``(aa) preserve each signature in a manner that clearly 
     links that signature to the other electronically-captured 
     logbook information relating to the prospective purchaser 
     providing that signature; and
       ``(bb) display information that complies with subparagraph 
     (A)(v).

       ``(II) Document retention.--A regulated seller that uses a 
     device under clause (iii)(I) to capture signatures shall 
     maintain each such signature for not less than 2 years after 
     the date on which that signature is captured.

       ``(v) Paper books.--

       ``(I) In general.--Any bound paper book used under clause 
     (iii)(II) shall--

       ``(aa) ensure that the signature of the prospective 
     purchaser is adjacent to a unique identifier number or a 
     printed sticker that clearly links that signature to the 
     electronically-captured logbook information relating to that 
     prospective purchaser; and
       ``(bb) display information that complies with subparagraph 
     (A)(v).

       ``(II) Document retention.--A regulated seller that uses 
     bound paper books under clause (iii)(II) shall maintain any 
     entry in such books for not less than 2 years after the date 
     on which that entry is made.

       ``(vi) Printed documents.--

       ``(I) In general.--Any printed document used under clause 
     (iii)(III) shall--

       ``(aa) be printed by the seller at the time of the sale 
     that document relates to;
       ``(bb) display information that complies with subparagraph 
     (A)(v);
       ``(cc) for the relevant sale, list the name of each product 
     sold, the quantity sold, the name and address of the 
     purchaser, and the date and time of the sale;
       ``(dd) contain a clearly identified signature line for a 
     purchaser to sign; and
       ``(ee) include a notice that the signer has read the 
     printed information and agrees that it is accurate.

       ``(II) Document retention.--

       ``(aa) In general.--A regulated seller that uses printed 
     documents under clause (iii)(III) shall maintain each such 
     document for not less than 2 years after the date on which 
     that document is signed.
       ``(bb) Secure storage.--Each signed document shall be 
     inserted into a binder or other secure means of document 
     storage immediately after the purchaser signs the 
     document.''.

[[Page 23364]]



     SEC. 5. GRANTS FOR METHAMPHETAMINE PRECURSOR ELECTRONIC 
                   LOGBOOK SYSTEMS.

       (a) Establishment.--The Attorney General of the United 
     States, through the Office of Justice Programs of the 
     Department of Justice, may make grants, in accordance with 
     such regulations as the Attorney General may prescribe, to 
     State and local governments to plan, develop, implement, or 
     enhance methamphetamine precursor electronic logbook systems.
       (b) Use of Funds.--
       (1) In general.--A grant under this section may be used to 
     enable a methamphetamine precursor electronic logbook system 
     to--
       (A) indicate to a regulated seller, upon the entry of 
     information regarding a prospective purchaser into the 
     methamphetamine precursor electronic logbook system, whether 
     that prospective purchaser has been determined by appropriate 
     law enforcement or regulatory agencies to be eligible, 
     ineligible, or potentially ineligible to purchase a scheduled 
     listed chemical product under Federal, State, or local law; 
     and
       (B) provide contact information for a prospective purchaser 
     to use if the prospective purchaser wishes to question a 
     determination by appropriate law enforcement or regulatory 
     agencies that the prospective purchaser is ineligible or 
     potentially ineligible to purchase a scheduled listed 
     chemical product.
       (2) Access to information.--Any methamphetamine precursor 
     electronic logbook system planned, developed, implemented, or 
     enhanced with a grant under this section shall prohibit 
     accessing, using, or sharing information entered into that 
     system for any purpose other than to--
       (A) ensure compliance with this Act, section 310(e) of the 
     Controlled Substances Act (21 U.S.C. 830(e)) (as amended by 
     this Act), State law governing the distribution of any 
     scheduled listed chemical product, or other applicable 
     Federal, State, or local law; or
       (B) facilitate a product recall to protect public safety.
       (c) Grant Requirements.--
       (1) Maximum amount.--The Attorney General shall not award a 
     grant under this section in an amount that exceeds $300,000.
       (2) Duration.--The period of a grant made under this 
     section shall not exceed 3 years.
       (3) Matching requirement.--Not less than 25 percent of the 
     cost of a project for which a grant is made under this 
     section shall be provided by non-Federal sources.
       (4) Preference for grants.--In awarding grants under this 
     section, the Attorney General shall give priority to any 
     grant application involving a proposed or ongoing 
     methamphetamine precursor electronic logbook system that is--
       (A) statewide in scope;
       (B) capable of real-time capture and transmission of 
     logbook information to appropriate law enforcement and 
     regulatory agencies;
       (C) designed in a manner that will facilitate the exchange 
     of logbook information between appropriate law enforcement 
     and regulatory agencies across jurisdictional boundaries, 
     including State boundaries; and
       (D) developed and operated, to the extent feasible, in 
     consultation and ongoing coordination with the Drug 
     Enforcement Administration, the Office of Justice Programs, 
     the Office of National Drug Control Policy, the non-profit 
     corporation described in section 1105 of the Office of 
     National Drug Control Policy Reauthorization Act of 2006 (21 
     U.S.C. 1701 note), other Federal, State, and local law 
     enforcement and regulatory agencies, as appropriate, and 
     regulated sellers.
       (5) Annual report.--
       (A) In general.--Not later than December 31 of each 
     calendar year in which funds from a grant received under this 
     section are expended, the Attorney General shall submit a 
     report to Congress containing--
       (i) a summary of the activities carried out with grant 
     funds during that year;
       (ii) an assessment of the effectiveness of the activities 
     described in clause (i) on the planning, development, 
     implementation or enhancement of methamphetamine precursor 
     electronic logbook systems;
       (iii) an assessment of the effect of the activities 
     described in clause (i) on curtailing the manufacturing of 
     methamphetamine in the United States and the harms associated 
     with such manufacturing; and
       (iv) a strategic plan for the year following the year of 
     that report.
       (B) Additional information.--The Attorney General may 
     require the recipient of a grant under this section to 
     provide information relevant to preparing any report under 
     subparagraph (A) in a report that grant recipient is required 
     to submit to the Office of Justice Programs of the Department 
     of Justice.

     SEC. 6. STUDY.

       (a) In General.--Not later than 1 year after the date on 
     which grant funds under section 5 are first distributed, the 
     Comptroller General of the United States shall conduct a 
     study and submit to Congress a report regarding the 
     effectiveness of methamphetamine precursor electronic logbook 
     systems that receive funding under that section.
       (b) Contents.--The report submitted under subsection (a) 
     shall include--
       (1) a summary of the activities carried out with grant 
     funds during the previous year;
       (2) an assessment of the effectiveness of the activities 
     described in paragraph (1) on the planning, development, 
     implementation or enhancement of methamphetamine precursor 
     electronic logbook systems in the United States;
       (3) an assessment of the extent to which proposed or 
     operational methamphetamine precursor electronic logbook 
     systems in the United States, including those that receive 
     funding under section 5, are--
       (A) statewide in scope;
       (B) capable of real-time capture and transmission of 
     logbook information to appropriate law enforcement and 
     regulatory agencies;
       (C) designed in a manner that will facilitate the exchange 
     of logbook information between appropriate law enforcement 
     and regulatory agencies across jurisdictional boundaries, 
     including State boundaries; and
       (D) developed and operated, to the extent feasible, upon 
     consultation with and in ongoing coordination with the Drug 
     Enforcement Administration, the Office of Justice Programs, 
     the Office of National Drug Control Policy, the non-profit 
     corporation described in section 1105 of the Office of 
     National Drug Control Policy Reauthorization Act of 2006 (21 
     U.S.C. 1701 note), other Federal, State, and local law 
     enforcement and regulatory agencies, as appropriate, and 
     regulated sellers;
       (4) an assessment of the effect of methamphetamine 
     precursor electronic logbook systems, including those that 
     receive funding under this Act, on curtailing the 
     manufacturing of methamphetamine in the United States and 
     reducing its associated harms;
       (5) recommendations for further curtailing the domestic 
     manufacturing of methamphetamine and reducing its associated 
     harms; and
       (6) such other information as the Comptroller General 
     determines appropriate.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act--
       (1) $3,000,000 for fiscal year 2008; and
       (2) such sums as may be necessary for each fiscal year 
     thereafter.

  The Senate bill was ordered to be read a third time, was read the 
third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                              {time}  1445
                             GENERAL LEAVE

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and to 
include extraneous material on the bill that just passed the House.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.

                          ____________________




           REREFERRAL OF H.R. 3399, ATRAZINE PROHIBITION ACT

  Mr. MARKEY. Madam Speaker, I ask unanimous consent that the bill 
(H.R. 3399) to prohibit the use, production, sale, importation, or 
exportation of any pesticide containing atrazine, be rereferred to the 
Committee on Agriculture, and in addition, to the Committees on Energy 
and Commerce, Ways and Means, and Foreign Affairs.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.

                          ____________________




AMENDING THE COMMODITY PROVISIONS OF THE FOOD, CONSERVATION, AND ENERGY 
                              ACT OF 2008

  Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (H.R. 6849) to amend the commodity 
provisions of the Food, Conservation, and Energy Act of 2008 to permit 
producers to aggregate base acres and reconstitute farms to avoid the 
prohibition on receiving direct payments, counter-cyclical payments, or 
average crop revenue election payments when the sum of the base acres 
of a farm is 10 acres or less, and for other purposes, with a Senate 
amendment thereto, and concur in the Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TREATMENT OF FARMS WITH LIMITED BASE ACRES.

       (a) Suspension of Prohibition.--

[[Page 23365]]

       (1) In general.--Section 1101(d) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8711(d)) is amended by 
     adding at the end the following:
       ``(4) Suspension of prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (2) Peanuts.--Section 1302(d) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8752(d)) is amended by 
     adding at the end the following:
       ``(4) Suspension of prohibition.--Paragraphs (1) through 
     (3) shall not apply during the 2008 crop year.''.
       (b) Extension of 2008 Signup for Direct Payments and 
     Counter-Cyclical Payments.--
       (1) In general.--Section 1106 of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8716) is amended by adding 
     at the end the following:
       ``(f) Extension of 2008 Signup.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall extend the 2008 crop year deadline 
     for the signup for benefits under this subtitle by producers 
     on a farm with base acres of 10 acres or less until the later 
     of--
       ``(A) November 14, 2008; or
       ``(B) the end of the 45-day period beginning on the date of 
     the enactment of this subsection.
       ``(2) Penalties.--The Secretary shall ensure that no 
     penalty with respect to benefits under this subtitle or 
     subtitle B is assessed against producers on a farm described 
     in paragraph (1) for failure to submit reports under this 
     section or timely comply with other program requirements as a 
     result of compliance with the extended signup deadline under 
     that paragraph.''.
       (2) Peanuts.--Section 1305 of the Food, Conservation, and 
     Energy Act of 2008 (7 U.S.C. 8755) is amended by adding at 
     the end the following:
       ``(f) Extension of 2008 Signup.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall extend the 2008 crop year deadline 
     for the signup for benefits under this subtitle by producers 
     on a farm with base acres of 10 acres or less until the later 
     of--
       ``(A) November 14, 2008; or
       ``(B) the end of the 45-day period beginning on the date of 
     the enactment of this subsection.
       ``(2) Penalties.--The Secretary shall ensure that no 
     penalty with respect to benefits under this subtitle is 
     assessed against producers on a farm described in paragraph 
     (1) for failure to submit reports under this section or 
     timely comply with other program requirements as a result of 
     compliance with the extended signup deadline under that 
     paragraph.''.
       (c) Offsetting Reduction.--Section 515(k)(1) of the Federal 
     Crop Insurance Act (7 U.S.C. 1515(k)(1)) is amended by 
     striking ``2011'' and inserting ``2010, and not more than 
     $9,000,000 for fiscal year 2011''.

     SEC. 2. SUPPLEMENTAL REVENUE ASSISTANCE PROGRAM.

       (a) Federal Crop Insurance Act.--
       (1) Definitions.--Section 531(a) of the Federal Crop 
     Insurance Act (7 U.S.C. 1531(a)) is amended--
       (A) in paragraph (3)(B), by inserting ``has'' after ``on a 
     farm that'';
       (B) in paragraph (4), by striking ``section 1102 of the 
     Farm Security and Rural Investment Act of 2002'' and all that 
     follows through the end of the paragraph and inserting 
     ``under--
       ``(i) section 1102 or 1302 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7912, 7952);
       ``(ii) section 1102 or 1301(6) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or
       ``(iii) a successor section.'';
       (C) in paragraph (5)(B)(ii), by striking ``, the total 
     loss'' and all that follows through the end of the paragraph 
     and adding ``the actual production on the farm is less than 
     50 percent of the normal production on the farm.'';
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for sale or on-farm 
     livestock feeding (including native grassland intended for 
     haying)'' after ``harvest''; and
       (ii) in subparagraph (C), by inserting ``for sale'' after 
     ``crop'';
       (E) by redesignating paragraphs (2) through (4), (5) 
     through (12), and (13) through (18) as paragraphs (3) through 
     (5), (7) through (14), and (16) through (21), respectively;
       (F) by inserting after paragraph (1) the following:
       ``(2) Actual production on the farm.--The term `actual 
     production on the farm' means the sum of the value of all 
     crops produced on the farm, as determined under subsection 
     (b)(6)(B).'';
       (G) by inserting after paragraph (5) (as redesignated by 
     subparagraph (E)) the following:
       ``(6) Crop of economic significance.--The term `crop of 
     economic significance' shall have the uniform meaning given 
     the term by the Secretary for purposes of subsections 
     (b)(1)(B) and (g)(6).''; and
       (H) by inserting after paragraph (14) (as redesignated by 
     subparagraph (E)) the following:
       ``(15) Normal production on the farm.--The term `normal 
     production on the farm' means the sum of the expected revenue 
     for all crops on the farm, as determined under subsection 
     (b)(6)(A).''.
       (2) Supplemental revenue assistance payments.--Section 
     531(b) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)) 
     is amended--
       (A) in paragraph (1)--
       (i) by striking ``(1) in general.--The Secretary'' and 
     inserting the following:
       ``(1) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--To be eligible for crop loss assistance 
     under this subsection, the actual production on the farm for 
     at least 1 crop of economic significance shall be reduced by 
     at least 10 percent due to disaster, adverse weather, or 
     disaster-related conditions.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Exclusion of subsequently planted crops.--In 
     calculating the disaster assistance program guarantee under 
     paragraph (3) and the total farm revenue under paragraph (4), 
     the Secretary shall not consider the value of any crop that--
       ``(i) is produced on land that is not eligible for a policy 
     or plan of insurance under subtitle A or assistance under the 
     noninsured crop assistance program; or
       ``(ii) is subsequently planted on the same land during the 
     same crop year as the crop for which disaster assistance is 
     provided under this subsection, except in areas in which 
     double-cropping is a normal practice, as determined by the 
     Secretary.'';
       (C) in paragraph (3)(A)(ii)(III)--
       (i) in the matter before item (aa), by inserting ``50 
     percent of'' before ``the higher of''; and
       (ii) in item (aa), by striking ``guarantee'';
       (D) in paragraph (4)--
       (i) in subparagraph (A)(i)--

       (I) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) the actual production by crop on a farm for purposes 
     of determining losses under subtitle A or the noninsured crop 
     assistance program; and''; and
       (II) by redesignating subclause (III) as subclause (II);

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) as the Secretary determines appropriate, to reflect 
     regional variations in a manner consistent with the operation 
     of the crop insurance program under subtitle A and the 
     noninsured crop assistance program.'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the sum obtained by adding'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each insurable commodity, the 
     product'';
       (II) in clause (i), by striking ``greatest'' and inserting 
     ``greater'';
       (III) in clause (iii), by striking ``of the insurance price 
     guarantee; and'' and inserting ``of the price election for 
     the commodity used to calculate an indemnity for an 
     applicable policy of insurance if an indemnity is triggered; 
     and''; and

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each noninsurable crop, the 
     product'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) by redesignating clause (ii) as clause (iii); and
       (IV) by inserting after clause (i) the following:

       ``(ii) the acreage planted or prevented from being planted 
     for each crop; and''; and
       (F) by adding at the end the following:
       ``(6) Production on the farm.--
       ``(A) Normal production on the farm.--The normal production 
     on the farm shall equal the sum of the expected revenue for 
     each crop on a farm as determined under paragraph (5).
       ``(B) Actual production on the farm.--The actual production 
     on the farm shall equal the sum obtained by adding--
       ``(i) for each insurable commodity on the farm, the product 
     obtained by multiplying--

       ``(I) 100 percent of the price election for the commodity 
     used to calculate an indemnity for an applicable policy of 
     insurance if an indemnity is triggered; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses; and

       ``(ii) for each noninsurable commodity on a farm, the 
     product obtained by multiplying--

       ``(I) 100 percent of the noninsured crop assistance program 
     established price for the commodity; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses.''.

       (3) Waiver for socially disadvantaged, limited resource, or 
     beginning farmer or rancher.--Section 531(d)(5)(B)(ii) of the 
     Federal Crop Insurance Act (7 U.S.C. 1531(d)(5)(B)(ii)) is 
     amended by striking ``section'' and inserting ``subsection''.
       (4) Tree assistance program.--Section 531(f)(2)(A) of the 
     Federal Crop Insurance Act (7 U.S.C. 1531(f)(2)(A)) is 
     amended by striking ``the Secretary shall provide'' and 
     inserting ``the Secretary shall use such sums as are 
     necessary from the Trust Fund to provide''.
       (5) De minimis exception to risk management purchase 
     requirement.--Section 531(g) of the Federal Crop Insurance 
     Act (7 U.S.C. 1531(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--For purposes of assistance under 
     subsection (b), at the option of an eligible producer on a 
     farm, the Secretary shall waive paragraph (1)--
       ``(i) in the case of a portion of the total acreage of a 
     farm of the eligible producer that is not

[[Page 23366]]

     of economic significance on the farm, as established by the 
     Secretary; or
       ``(ii) in the case of a crop for which the administrative 
     fee required for the purchase of noninsured crop disaster 
     assistance coverage exceeds 10 percent of the value of that 
     coverage.
       ``(B) Treatment of acreage.--The Secretary shall not 
     consider the value of any crop exempted under subparagraph 
     (A) in calculating the supplemental revenue assistance 
     program guarantee under subsection (b)(3) and the total farm 
     revenue under subsection (b)(4).''.
       (6) Risk management purchase requirement waiver for 2009 
     crop year.--Section 531(g) of the Federal Crop Insurance Act 
     (7 U.S.C. 1531(g)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(other than subsection (c))'' and inserting ``(other than 
     subsections (c) and (d))''; and
       (ii) in subparagraph (A), by inserting ``, excluding 
     grazing land'' after ``producers on the farm'';
       (B) in paragraph (2), by striking ``grazed, planted,'' and 
     inserting ``planted'';
       (C) in paragraph (4), by striking ``(4)'' and all that 
     follows through ``In the case'' and inserting the following:
       ``(4) Waivers for certain crop years.--
       ``(A) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--In the case of an insurable 
     commodity or noninsurable commodity for the 2009 crop year 
     that does not meet the requirements of paragraph (1) and the 
     relevant crop insurance program sales closing date or 
     noninsured crop assistance program fee payment date was prior 
     to August 14, 2008, the Secretary shall waive paragraph (1) 
     if the eligible producer of the insurable commodity or 
     noninsurable commodity pays a fee in an amount equal to the 
     applicable noninsured crop assistance program fee or 
     catastrophic risk protection plan fee required under 
     paragraph (1) to the Secretary not later than 90 days after 
     the date of enactment of this subparagraph.''.
       (7) Payment limitations.--Section 531(h) of the Federal 
     Crop Insurance Act (7 U.S.C. 1531) is amended by adding at 
     the end the following:
       ``(5) Transition rule.--Sections 1001, 1001A, 1001B, and 
     1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
     seq.) as in effect on September 30, 2007, shall continue to 
     apply with respect to 2008 crops.''.
       (b) Trade Act of 1974.--
       (1) Definitions.--Section 901(a) of the Trade Act of 1974 
     (19 U.S.C. 2497(a)) is amended--
       (A) in paragraph (3)(B), by inserting ``has'' after ``on a 
     farm that'';
       (B) in paragraph (4), by striking ``section 1102 of the 
     Farm Security and Rural Investment Act of 2002'' and all that 
     follows through the end of the paragraph and inserting 
     ``under--
       ``(i) section 1102 or 1302 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 7912, 7952);
       ``(ii) section 1102 or 1301(6) of the Food, Conservation, 
     and Energy Act of 2008 (7 U.S.C. 8712, 8751(6)); or
       ``(iii) a successor section.'';
       (C) in paragraph (5)(B)(ii), by striking ``, the total 
     loss'' and all that follows through the end of the paragraph 
     and adding ``the actual production on the farm is less than 
     50 percent of the normal production on the farm.'';
       (D) in paragraph (7)--
       (i) in subparagraph (A), by inserting ``for sale or on-farm 
     livestock feeding (including native grassland intended for 
     haying)'' after ``harvest''; and
       (ii) in subparagraph (C), by inserting ``for sale'' after 
     ``crop'';
       (E) by redesignating paragraphs (2) through (4), (5) 
     through (12), and (13) through (18) as paragraphs (3) through 
     (5), (7) through (14), and (16) through (21), respectively;
       (F) by inserting after paragraph (1) the following:
       ``(2) Actual production on the farm.--The term `actual 
     production on the farm' means the sum of the value of all 
     crops produced on the farm, as determined under subsection 
     (b)(6)(B).'';
       (G) by inserting after paragraph (5) (as redesignated by 
     subparagraph (E)) the following:
       ``(6) Crop of economic significance.--The term `crop of 
     economic significance' shall have the uniform meaning given 
     the term by the Secretary for purposes of subsections 
     (b)(1)(B) and (g)(6).''; and
       (H) by inserting after paragraph (14) (as redesignated by 
     subparagraph (E)) the following:
       ``(15) Normal production on the farm.--The term `normal 
     production on the farm' means the sum of the expected revenue 
     for all crops on the farm, as determined under subsection 
     (b)(6)(A).''.
       (2) Supplemental revenue assistance payments.--Section 
     901(b) of the Trade Act of 1974 (19 U.S.C. 2497(b)) is 
     amended--
       (A) in paragraph (1)--
       (i) by striking ``(1) in general.--The Secretary'' and 
     inserting the following:
       ``(1) Payments.--
       ``(A) In general.--The Secretary''; and
       (ii) by adding at the end the following:
       ``(B) Crop loss.--To be eligible for crop loss assistance 
     under this subsection, the actual production on the farm for 
     at least 1 crop of economic significance shall be reduced by 
     at least 10 percent due to disaster, adverse weather, or 
     disaster-related conditions.'';
       (B) in paragraph (2), by adding at the end the following:
       ``(C) Exclusion of subsequently planted crops.--In 
     calculating the disaster assistance program guarantee under 
     paragraph (3) and the total farm revenue under paragraph (4), 
     the Secretary shall not consider the value of any crop that--
       ``(i) is produced on land that is not eligible for a policy 
     or plan of insurance under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) or assistance under the noninsured crop 
     assistance program; or
       ``(ii) is subsequently planted on the same land during the 
     same crop year as the crop for which disaster assistance is 
     provided under this subsection, except in areas in which 
     double-cropping is a normal practice, as determined by the 
     Secretary.'';
       (C) in paragraph (3)(A)(ii)(III)--
       (i) in the matter before item (aa), by inserting ``50 
     percent of'' before ``the higher of'';
       (ii) in item (aa), by striking ``guarantee'';
       (D) in paragraph (4)--
       (i) in subparagraph (A)(i)--

       (I) by striking subclauses (I) and (II) and inserting the 
     following:
       ``(I) the actual production by crop on a farm for purposes 
     of determining losses under the Federal Crop Insurance Act (7 
     U.S.C. 1501 et seq.) or the noninsured crop assistance 
     program; and''; and
       (II) by redesignating subclause (III) as subclause (II);

       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``and'' at the end;
       (II) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and

       (iii) by adding at the end the following:
       ``(iii) as the Secretary determines appropriate, to reflect 
     regional variations in a manner consistent with the operation 
     of the Federal crop insurance program under the Federal Crop 
     Insurance Act (7 U.S.C. 1501 et seq.) and the noninsured crop 
     assistance program.'';
       (E) in paragraph (5)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the sum obtained by adding'';
       (ii) in subparagraph (A)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each insurable commodity, the 
     product'';
       (II) in clause (i), by striking ``greatest'' and inserting 
     ``greater'';
       (III) in clause (iii), by striking ``of the insurance price 
     guarantee; and'' and inserting ``of the price election for 
     the commodity used to calculate an indemnity for an 
     applicable policy of insurance if an indemnity is triggered; 
     and''; and

       (iii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``the 
     product'' and inserting ``for each noninsurable crop, the 
     product'';
       (II) in clause (i), by striking ``and'' at the end;
       (III) by redesignating clause (ii) as clause (iii); and
       (IV) by inserting after clause (i) the following:

       ``(ii) the acreage planted or prevented from being planted 
     for each crop; and''; and
       (F) by adding at the end the following:
       ``(6) Production on the farm.--
       ``(A) Normal production on the farm.--The normal production 
     on the farm shall equal the sum of the expected revenue for 
     each crop on a farm as determined under paragraph (5).
       ``(B) Actual production on the farm.--The actual production 
     on the farm shall equal the sum obtained by adding--
       ``(i) for each insurable commodity on the farm, the product 
     obtained by multiplying--

       ``(I) 100 percent of the price election for the commodity 
     used to calculate an indemnity for an applicable policy of 
     insurance if an indemnity is triggered; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses; and

       ``(ii) for each noninsurable commodity on a farm, the 
     product obtained by multiplying--

       ``(I) 100 percent of the noninsured crop assistance program 
     established price for the commodity; and
       ``(II) the quantity of the commodity produced on the farm, 
     adjusted for quality losses.''.

       (3) Waiver for socially disadvantaged, limited resource, or 
     beginning farmer or rancher.--Section 901(d)(5)(B)(ii) of the 
     Trade Act of 1974 (19 U.S.C. 2497(d)(5)(B)(ii)) is amended by 
     striking ``section'' and inserting ``subsection''.
       (4) Tree assistance program.--Section 901(f)(2)(A) of the 
     Trade Act of 1974 (19 U.S.C. 2497(f)(2)(A)) is amended by 
     striking ``the Secretary shall provide'' and inserting ``the 
     Secretary shall use such sums as are necessary from the Trust 
     Fund to provide''.
       (5) De minimis exception to risk management purchase 
     requirement.--Section 901(g) of the Trade Act of 1974 (19 
     U.S.C. 2497(g)) is amended by adding at the end the 
     following:
       ``(6) De minimis exception.--
       ``(A) In general.--For purposes of assistance under 
     subsection (b), at the option of an eligible producer on a 
     farm, the Secretary shall waive paragraph (1)--
       ``(i) in the case of a portion of the total acreage of a 
     farm of the eligible producer that is not of economic 
     significance on the farm, as established by the Secretary; or
       ``(ii) in the case of a crop for which the administrative 
     fee required for the purchase of noninsured crop disaster 
     assistance coverage exceeds 10 percent of the value of that 
     coverage.
       ``(B) Treatment of acreage.--The Secretary shall not 
     consider the value of any crop exempted under subparagraph 
     (A) in calculating the supplemental revenue assistance 
     program guarantee under subsection (b)(3) and the total farm 
     revenue under subsection (b)(4).''.

[[Page 23367]]

       (6) Risk management purchase requirement waiver for 2009 
     crop year.--Section 901(g) of the Trade Act of 1974 (19 
     U.S.C. 2497(g)) is amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(other than subsection (c))'' and inserting ``(other than 
     subsections (c) and (d))''; and
       (ii) in subparagraph (A), by inserting ``, excluding 
     grazing land'' after ``producers on the farm'';
       (B) in paragraph (2), by striking ``grazed, planted,'' and 
     inserting ``planted'';
       (C) in paragraph (4), by striking ``(4)'' and all that 
     follows through ``In the case'' and inserting the following:
       ``(4) Waivers for certain crop years.--
       ``(A) 2008 crop year.--In the case''; and
       (D) by adding at the end the following:
       ``(B) 2009 crop year.--In the case of an insurable 
     commodity or noninsurable commodity for the 2009 crop year 
     that does not meet the requirements of paragraph (1) and the 
     relevant crop insurance program sales closing date or 
     noninsured crop assistance program fee payment date was prior 
     to August 14, 2008, the Secretary shall waive paragraph (1) 
     if the eligible producer of the insurable commodity or 
     noninsurable commodity pays a fee in an amount equal to the 
     applicable noninsured crop assistance program fee or 
     catastrophic risk protection plan fee required under 
     paragraph (1) to the Secretary not later than 90 days after 
     the date of enactment of this subparagraph.''.
       (7) Payment limitations.--Section 901(h) of the Trade Act 
     of 1974 (19 U.S.C. 2497(h)) is amended by adding at the end 
     the following:
       ``(5) Transition rule.--Sections 1001, 1001A, 1001B, and 
     1001D of the Food Security Act of 1985 (7 U.S.C. 1308 et 
     seq.) as in effect on September 30, 2007, shall continue to 
     apply with respect to 2008 crops.''.

  Mr. ETHERIDGE (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. PETERSON of Minnesota. Madam Speaker, I submit for printing in 
the Congressional Record the following exchange of letters between the 
Committee on Agriculture and the Committee on Ways and Means with 
regards to H.R. 6849.

                                         House of Representatives,


                                  Committee on Ways and Means,

                               Washington, DC, September 27, 2008.
     Hon. Collin Peterson,
     Chairman, Committee on Agriculture,
     Washington, DC.
       Dear Chairman Peterson: I am writing regarding H.R. 6849, 
     which may be considered on the floor today, and which 
     includes amendments to section 901 of the Trade Act of 1974 
     (19 U.S.C. 2497(a)). As you know, the Committee on Ways and 
     Means has jurisdiction over legislation amending the Trade 
     Act of 1974, and thus, these amendments fall within the 
     jurisdiction of the Committee on Ways and Means.
       However, in order to expedite this bill for floor 
     consideration, the Committee will forgo action. This is being 
     done with the understanding that it does not in any way 
     prejudice the Committee with respect to the appointment of 
     conferees or its jurisdictional prerogatives on this bill or 
     similar legislation in the future.
       I would appreciate your response to this letter, confirming 
     this understanding with respect to H.R. 6849, and would ask 
     that a copy of our exchange of letters on this matter be 
     included in the Record.
           Sincerely,
                                                Charles B. Rangel,
                                                         Chairman.
                                         House of Representatives,


                                     Committee on Agriculture,

                               Washington, DC, September 27, 2008.
     Hon. Charles B. Rangel,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC.
       Dear Chairman Rangel: Thank you for your letter regarding 
     the Committee on Ways and Means' jurisdictional interest in 
     H.R. 6849.
       I appreciate your willingness to expedite this legislation 
     for Floor consideration, with the understanding that it does 
     not prejudice your Committee's jurisdictional prerogatives on 
     this or similar legislation.
       I will submit a copy of your letter and this response as 
     part of the Congressional Record during consideration of the 
     legislation on the House floor. Thank you for your support of 
     H.R. 6849 and your cooperation as we work towards enactment 
     of this legislation.
           Sincerely,
                                               Collin C. Peterson,
                                                         Chairman.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from North Carolina?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill just considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.

                          ____________________




                     PRICE OF HOMELAND SECURITY ACT

  Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent to take from 
the Speaker's table the bill (H.R. 6098) to amend the Homeland Security 
Act of 2002 to improve the financial assistance provided to State, 
local, and tribal governments for information sharing activities, and 
for other purposes, with a Senate amendment thereto, and concur in the 
Senate amendment.
  The Clerk read the title of the bill.
  The Clerk read the Senate amendment, as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Personnel Reimbursement for 
     Intelligence Cooperation and Enhancement of Homeland Security 
     Act of 2008'' or the ``PRICE of Homeland Security Act''.

     SEC. 2. CLARIFICATION ON USE OF FUNDS.

       Section 2008 of the Homeland Security Act of 2002 (6 U.S.C. 
     609) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Grants'' and all that follows through ``used'' and 
     inserting the following: ``The Administrator shall permit the 
     recipient of a grant under section 2003 or 2004 to use grant 
     funds''; and
       (B) in paragraph (10), by inserting ``, regardless of 
     whether such analysts are current or new full-time employees 
     or contract employees'' after ``analysts''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (B) by inserting after paragraph (2) the following:
       ``(3) Limitations on discretion.--
       ``(A) In general.--With respect to the use of amounts 
     awarded to a grant recipient under section 2003 or 2004 for 
     personnel costs in accordance with paragraph (2) of this 
     subsection, the Administrator may not--
       ``(i) impose a limit on the amount of the award that may be 
     used to pay for personnel, or personnel-related, costs that 
     is higher or lower than the percent limit imposed in 
     paragraph (2)(A); or
       ``(ii) impose any additional limitation on the portion of 
     the funds of a recipient that may be used for a specific 
     type, purpose, or category of personnel, or personnel-
     related, costs.
       ``(B) Analysts.--If amounts awarded to a grant recipient 
     under section 2003 or 2004 are used for paying salary or 
     benefits of a qualified intelligence analyst under subsection 
     (a)(10), the Administrator shall make such amounts available 
     without time limitations placed on the period of time that 
     the analyst can serve under the grant.''.

  Mr. ETHERIDGE (during the reading). Madam Speaker, I ask unanimous 
consent to dispense with the reading.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  The SPEAKER pro tempore. Is there objection to the original request 
of the gentleman from North Carolina?
  There was no objection.
  A motion to reconsider was laid on the table.

                          ____________________




                             GENERAL LEAVE

  Mr. ETHERIDGE. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks and include extraneous material on the bill just considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.

                          ____________________




               RELATING TO SELECTIVE SERVICE REGISTRATION

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that the Committee 
on Oversight and Government Reform be discharged from further 
consideration of the bill (H.R. 7216) to amend section 3328 of title 5, 
United States Code, relating to Selective Service registration, and ask 
for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?

[[Page 23368]]

  There was no objection.
  The text of the bill is as follows:

                               H.R. 7216

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

     SECTION 1. SELECTIVE SERVICE REGISTRATION.

       (a) In General.--Section 3328 of title 5, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b)(1) Except as provided in subsection (c), the Director 
     of the Office of Personnel Management, in consultation with 
     the Director of the Selective Service System, shall prescribe 
     regulations to carry out this section.
       ``(2) Such regulations--
       ``(A) shall provide for exceptions to determinations of 
     ineligibility under this section to allow for the appointment 
     of an individual who was discharged or released from active 
     duty in the armed forces under honorable conditions; and
       ``(B) may provide that determinations of eligibility under 
     the requirements of this section shall be adjudicated by the 
     Executive agency making the appointment for which the 
     eligibility is determined.
       ``(c)(1) The Director of the Selective Service System, in 
     consultation with the Director of the Office of Personnel 
     Management, shall prescribe procedures--
       ``(A) for the adjudication of determinations of whether a 
     failure to register was knowing and willful; and
       ``(B) under which such a determination may not be made if 
     the individual concerned shows by a preponderance of the 
     evidence that the failure to register was neither knowing nor 
     willful.
       ``(2) The procedures under paragraph (1) may provide that 
     determinations referred to in paragraph (1)(A) shall be 
     adjudicated by the Executive agency making the appointment 
     for which the eligibility is determined.''.
       (b) Regulations.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Selective Service 
     System, in consultation with the Director of the Office of 
     Personnel Management, shall prescribe regulations under 
     section 3328(c) of title 5, United States Code, as added by 
     subsection (a) of this section.
       (c) Readjudication of Determinations.--Any individual whose 
     case was or is adjudicated under section 3328(b) of title 5, 
     United States Code, during the period beginning on February 
     21, 2007, through the date on which the regu1ations are 
     prescribed or amended under subsection (b) of this section 
     are in effect, and whose case involve a determination of 
     whether a failure to register was knowing and willful, may 
     have his or her case readjudicated in accordance with such 
     regulations as so prescribed.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




         FEDERAL REAL PROPERTY DISPOSAL ENHANCEMENT ACT OF 2008

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that the Committee 
on Oversight and Government Reform be discharged from further 
consideration of the bill (H.R. 7217) to amend title 40, United States 
Code, to enhance authorities with regard to real property that has yet 
to be reported excess, and for other purposes, and ask for its 
immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7217

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Real Property 
     Disposal Enhancement Act of 2008''.

     SEC. 2. DUTIES OF THE GENERAL SERVICES ADMINISTRATION AND 
                   EXECUTIVE AGENCIES.

       (a) In General.--Section 524 of title 40, United States 
     Code, is amended to read as follows:

     ``Sec. 524. Duties of the General Services Administration and 
       executive agencies

       ``(a) Duties of the General Services Administration.--
       ``(1) Guidance.--The Administrator shall issue guidance for 
     the development and implementation of agency real property 
     plans. Such guidance shall include recommendations on--
       ``(A) how to identify excess properties;
       ``(B) how to evaluate the costs and benefits involved with 
     disposing of real property;
       ``(C) how to prioritize disposal decisions based on agency 
     missions and anticipated future need for holdings; and
       ``(D) how best to dispose of those properties identified as 
     excess to the needs of the agency.
       ``(2) Database.--The Administrator shall establish and 
     maintain a single, comprehensive, and descriptive database of 
     all Federal real property assets under the custody and 
     control of all executive agencies, other than real property 
     assets excluded for reasons of national security. The 
     Administrator shall collect from each executive agency such 
     descriptive information, except for classified information, 
     as necessary in order to describe the nature, use, and extent 
     of the real property holdings of the Federal government. The 
     descriptive information for each piece of real property shall 
     include--
       ``(A) geographic location with address and description;
       ``(B) total size including square footage and acreage;
       ``(C) mission criticality; and
       ``(D) the level of utilization of the property, including 
     whether the real property is excess, surplus, underutilized, 
     or unutilized.
       ``(3) Usability.--(A) The database established and 
     maintained under this section shall be accessible by agencies 
     through a searchable Web site.
       ``(B) A searchable Web site means a Web site that, at a 
     minimum, allows agencies--
       ``(i) to search and aggregate Federal real property by 
     constructed asset, facility/installation, agency, location, 
     and level of utilization; and
       ``(ii) to download data from any such search.
       ``(C) To the extent consistent with national security, the 
     database shall be accessible by the public at no cost through 
     the Web site of the General Services Administration. The 
     Administrator may withhold from public disclosure information 
     included in the database if the Administrator determines that 
     withholding such information would be in the best interest of 
     the Government or the public. At a minimum, the Administrator 
     shall make aggregate information contained in the database 
     available to the public.
       ``(D) Nothing in this paragraph requires an agency to make 
     available to the public information that is exempt from 
     disclosure pursuant to section 552 of title 5, United States 
     Code (popularly known as the Freedom of Information Act).
       ``(4) Annual report.--(A) The Administrator shall submit an 
     annual report, for each of the first 5 years after 2008, to 
     the congressional committees listed in subparagraph (C) based 
     on data submitted from all executive agencies, detailing 
     executive agency efforts to reduce their real property assets 
     and the additional information described in subparagraph (B).
       ``(B) The report shall contain the following information 
     for the year covered by the report:
       ``(i) The aggregated estimated market value and number of 
     real property assets under the custody and control of all 
     executive agencies, set forth government-wide and by agency, 
     and for each at the constructed asset level and at the 
     facility/installation level.
       ``(ii) The aggregated estimated market value and number of 
     surplus real property assets under the custody and control of 
     all executive agencies, set forth government-wide and by 
     agency, and for each at the constructed asset level and at 
     the facility/installation level.
       ``(iii)(I) The aggregated cost for maintaining all surplus 
     real property under the custody and control of all executive 
     agencies, set forth government-wide and by agency, and for 
     each at the constructed asset level and at the facility/
     installation level.
       ``(II) For purposes of subclause (I), costs for real 
     properties owned by the Federal government shall include 
     recurring maintenance and repair costs, utilities, cleaning 
     and janitorial costs, and roads and grounds expenses.
       ``(III) For purposes of subclause (I), costs for real 
     properties leased by the Federal government shall include 
     lease costs, including base and operating rent and any other 
     relevant costs listed in subclause (II) not covered in the 
     lease contract.
       ``(iv) The aggregated estimated deferred maintenance costs 
     of all real property under the custody and control of all 
     executive agencies, set forth government-wide and by agency, 
     and for each at the constructed asset level and at the 
     facility/installation level.
       ``(v) For each surplus real property facility/installation 
     disposed of, an indication of--
       ``(I) its geographic location with address and description;
       ``(II) its size, including square footage and acreage;
       ``(III) the date and method of disposal; and
       ``(IV) its estimated market value.
       ``(vi) Such other information as the Administrator 
     considers appropriate.
       ``(C) The congressional committees listed in this 
     subparagraph are as follows:
       ``(i) The Committee on Oversight and Government Reform and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       ``(ii) The Committee on Homeland Security and Governmental 
     Affairs and the Committee on Environment and Public Works of 
     the Senate.
       ``(5) Assistance.--The Administrator shall assist executive 
     agencies in the identification and disposal of excess real 
     property.

[[Page 23369]]

       ``(b) Duties of Executive Agencies.--
       ``(1) In general.--Each executive agency shall--
       ``(A) maintain adequate inventory controls and 
     accountability systems for property under its control;
       ``(B) continuously survey property under its control to 
     identify excess property;
       ``(C) promptly report excess property to the Administrator;
       ``(D) perform the care and handling of excess property; and
       ``(E) transfer or dispose of excess property as promptly as 
     possible in accordance with authority delegated and 
     regulations prescribed by the Administrator.
       ``(2) Specific requirements with respect to real 
     property.--With respect to real property, each executive 
     agency shall--
       ``(A) develop and implement a real property plan in order 
     to identify properties to declare as excess using the 
     guidance issued under subsection (a)(1);
       ``(B) identify and categorize all real property owned, 
     leased, or otherwise managed by the agency;
       ``(C) establish adequate goals and incentives that lead the 
     agency to reduce excess real property in its inventory;
       ``(D) when appropriate, use the authorities in section 
     572(a)(2)(B) of this title in order to identify and prepare 
     real property to be reported as excess.
       ``(3) Additional requirements.--Each executive agency, as 
     far as practicable, shall--
       ``(A) reassign property to another activity within the 
     agency when the property is no longer required for the 
     purposes of the appropriation used to make the purchase;
       ``(B) transfer excess property under its control to other 
     Federal agencies and to organizations specified in section 
     321(c)(2) of this title; and
       ``(C) obtain excess properties from other Federal agencies 
     to meet mission needs before acquiring non-Federal 
     property.''.
       (b) Clerical Amendment.--The item relating to section 524 
     in the table of sections at the beginning of chapter 5 of 
     such title is amended to read as follows:

``524. Duties of the General Services Administration and executive 
              agencies.''.

     SEC. 3. ENHANCED AUTHORITIES WITH REGARD TO PREPARING 
                   PROPERTIES TO BE REPORTED AS EXCESS.

       Section 572(a)(2) of title 40, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (2) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) Additional authority.--(i) From the fund described in 
     paragraph (1), subject to clause (iv), the Administrator may 
     obligate an amount to pay the direct and indirect costs 
     related to identifying and preparing properties to be 
     reported excess by another agency.
       ``(ii) The General Services Administration shall be 
     reimbursed from the proceeds of the sale of such properties 
     for such costs.
       ``(iii) Net proceeds shall be dispersed pursuant to section 
     571 of this title.
       ``(iv) The authority under clause (i) to obligate funds to 
     prepare properties to be reported excess does not include the 
     authority to convey such properties by use, sale, lease, 
     exchange, or otherwise, including through leaseback 
     arrangements or service agreements.
       ``(v) Nothing in this subparagraph is intended to affect 
     subparagraph (D).''.

     SEC. 4. ENHANCED AUTHORITIES WITH REGARD TO REVERTED REAL 
                   PROPERTY.

       (a) Authority to Pay Expenses Related to Reverted Real 
     Property.--Section 572(a)(2)(A) of title 40, United States 
     Code, is amended by adding at the end the following:
       ``(iv) The direct and indirect costs associated with the 
     reversion, custody, and disposal of reverted real 
     property.''.
       (b) Requirements Related to Sales of Reverted Property 
     Under Section 550.--Section 550(b)(1) of title 40, United 
     States Code, is amended--
       (1) by inserting ``(A)'' after ``(1) In general.--''; and
       (2) by adding at the end the following: ``If the official, 
     in consultation with the Administrator, recommends reversion 
     of the property, the Administrator shall take control of such 
     property, and, subject to subparagraph (B), sell it at or 
     above appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(B) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 553 and 554 of this title.''.
       (c) Requirements Related to Sales of Reverted Property 
     Under Section 553.--Section 553(e) of title 40, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``This Section.--''; and
       (2) by adding at the end the following: ``If the 
     Administrator determines that reversion of the property is 
     necessary to enforce compliance with the terms of the 
     conveyance, the Administrator shall take control of such 
     property and, subject to paragraph (2), sell it at or above 
     appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(2) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 550 and 554 of this title.''.
       (d) Requirements Related to Sales of Reverted Property 
     Under Section 554.--Section 554(f) of title 40, United States 
     Code, is amended--
       (1) by inserting ``(1)'' after ``This Section.--''; and
       (2) by adding at the end the following: ``If the Secretary, 
     in consultation with the Administrator, recommends reversion 
     of the property, the Administrator shall take control of such 
     property and, subject to paragraph (2), sell it at or above 
     appraised fair market value for cash and not by lease, 
     exchange, leaseback arrangements, or service agreements.
       ``(b) Prior to sale, the Administrator shall make such 
     property available to State and local governments and certain 
     non-profit institutions or organizations pursuant to this 
     section and sections 550 and 553 of this title.''.

     SEC. 5. AGENCY RETENTION OF PROCEEDS.

       The text of section 571 of title 40, United States Code, is 
     amended to read as follows:
       ``(a) Proceeds From Transfer or Sale of Real Property.--Net 
     proceeds described in subsection (d) shall be deposited into 
     the appropriate real property account of the agency that had 
     custody and accountability for the real property at the time 
     the real property is determined to be excess. Such funds 
     shall be expended only as authorized in annual appropriations 
     Acts and only for activities as described in section 524(b) 
     of this title and disposal activities, including paying costs 
     incurred by the General Services Administration for any 
     disposal-related activity authorized by this title. Proceeds 
     may also be expended by the agency for maintenance and 
     repairs of the agency's real property necessary for its 
     disposal or for the repair or alteration of the agency's 
     other real property, provided that proceeds shall not be 
     authorized for expenditure in an appropriations Act for any 
     repair or alteration project that is subject to the 
     requirements of section 3307 of this title without a 
     prospectus submitted by the General Services Administration 
     and approved by the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate.
       ``(b) Effect on Other Sections.--Nothing in this section is 
     intended to affect section 572(b), 573, or 574 of this title.
       ``(c) Disposal Agency for Reverted Property.--For the 
     purposes of this section, for any real property that reverts 
     to the United States under sections 550, 553, and 554 of this 
     title, the General Services Administration, as the disposal 
     agency, shall be treated as the agency with custody and 
     accountability for the real property at the time the real 
     property is determined to be excess.
       ``(d) Net Proceeds.--The net proceeds referred to in 
     subsection (a) are proceeds under this chapter, less expenses 
     of the transfer or disposition as provided in section 572(a) 
     of this title, from a--
       ``(1) transfer of excess real property to a Federal agency 
     for agency use; or
       ``(2) sale, lease, or other disposition of surplus real 
     property.
       ``(e) Proceeds From Transfer or Sale of Personal 
     Property.--(1) Except as otherwise provided in this 
     subchapter, proceeds described in paragraph (2) shall be 
     deposited in the Treasury as miscellaneous receipts.
       ``(2) The proceeds described in this paragraph are proceeds 
     under this chapter from--
       ``(A) a transfer of excess personal property to a Federal 
     agency for agency use; or
       ``(B) a sale, lease, or other disposition of surplus 
     personal property.
       ``(3) Subject to regulations under this subtitle, the 
     expenses of the sale of personal property may be paid from 
     the proceeds of sale so that only the net proceeds are 
     deposited in the Treasury. This paragraph applies whether 
     proceeds are deposited as miscellaneous receipts or to the 
     credit of an appropriation as authorized by law.''.

     SEC. 6. DEMONSTRATION AUTHORITY.

       (a) In General.--Subchapter II of chapter 5 of title 40, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 530. Demonstration program of inapplicability of 
       certain requirements of law

       ``(a) Authority.--Effective for fiscal years 2009 and 2010, 
     the requirements of section 501(a) of the McKinney Vento 
     Homeless Assistance Act (42 U.S.C. 11411(a)) shall not apply 
     to eligible properties.
       ``(b) Eligible Properties.--A property is eligible for 
     purposes of subsection (a) if it meets both of the following 
     requirements:
       ``(1) The property is selected for demolition by an agency 
     and is a Federal building or other Federal real property 
     located on land not determined to be excess, for which there 
     is an ongoing Federal need, and not to be used in any lease, 
     exchange, leaseback arrangement, or service agreement.
       ``(2) The property is--
       ``(A) located in an area to which the general public is 
     denied access in the interest of

[[Page 23370]]

     national security and where alternative access cannot be 
     provided for the public without compromising national 
     security; or
       ``(B) the property is--
       ``(i) uninhabitable;
       ``(ii) not a housing unit; and
       ``(iii) selected for demolition by an agency because 
     either--

       ``(I) the demolition is necessary to further an identified 
     Federal need for which funds have been authorized and 
     appropriated; or
       ``(II) the property poses risk to human health and safety 
     or has become an attractive nuisance.

       ``(c) Limitations.--
       ``(1) No property of the Department of Veterans Affairs may 
     be considered an eligible property for purposes of subsection 
     (a).
       ``(2) With respect to an eligible property described in 
     subsection (b), the land underlying the property remains 
     subject to all public benefit requirements and notifications 
     for disposal.
       ``(d) Notification to Congress.--(1) A list of each 
     eligible property described in subsection (b) that is 
     demolished or scheduled for demolition, by date of demolition 
     or projected demolition date, shall be sent to the 
     congressional committees listed in paragraph (2) and 
     published on the Web site of the General Services 
     Administration biannually beginning 6 months after the date 
     of the enactment of this section.
       ``(2) The congressional committees listed in this paragraph 
     are as follows:
       ``(A) The Committee on Oversight and Government Reform and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives.
       ``(B) The Committee on Homeland Security and Governmental 
     Affairs and the Committee on Environment and Public Works of 
     the Senate.
       ``(e) Relationship to Other Provisions of Law.--Nothing in 
     this section may be construed as interfering with the 
     requirement for the submission of a prospectus to Congress as 
     established by section 3307 of this title or for all 
     demolitions to be carried out pursuant to section 527 of this 
     title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 5 of title 40, United States Code, is 
     amended by inserting after the item relating to section 529 
     the following new item:

``530. Demonstration program of inapplicability of certain requirements 
              of law.''.

  Mr. DUNCAN. Madam Speaker, for several Congresses, proposals have 
been introduced to address real property management issues within the 
Federal Government, but have failed to become law. Today, however, I am 
pleased to be part of the bipartisan effort that we are discussing, the 
Federal Real Property Disposal Act, and am hopeful that this bill will 
be able to clean up the federal real property inventory.
  I would like to thank Representative Moore, Chairman Waxman and 
Senators Carper and Coburn for their work on this important issue. With 
all the talk of spending, this bill has the opportunity to bring about 
great savings for the American taxpayer.
  The Government Accountability Office has listed federal real property 
as one of its high risk issues since 2003 due to incomplete data and 
the numbers of excess properties and aging facilities.
  In 2004, President Bush issued an Executive Order to improve the 
management of federal real property. Since then $7 billion worth of 
unneeded assets and properties have been removed from the government 
inventory.
  The Federal Government has a goal of disposing of $9 billion in 
unneeded real property by the end of fiscal year 2009. Jim Nussle, the 
Director of the Office of Management and Budget, sent me a letter last 
year endorsing a bill I introduced in the House and that Senators Tom 
Carper and Tom Coburn introduced in the Senate.
  Director Nussle wrote: ``To reach this objective, I believe we must 
improve and streamline the current process that Federal agencies face 
in disposing of real property assets.''
  Some people never want the government to sell any property, and 
government at all levels continues to acquire more and more every year. 
But if we keep shrinking the tax base, schools and other agencies will 
have a much harder time in the future getting increases in their 
funding.
  In June of 2007, the Office of Management and Budget reported that 
the Federal Government owned over 21,000 excess properties and assets 
with a total replacement value of nearly $18 billion. That is more than 
the gross domestic product of over half the countries in the world.
  The bill that we are taking up today builds on a proposal that 
overwhelmingly passed the House earlier this year.
  Under the Federal Real Property Disposal Enhancement Act, an agency 
would be able to retain a portion of the proceeds from a sale of a 
property deemed excess. This will provide agencies an incentive to get 
rid of unneeded properties and allow them to use the proceeds to 
maintain current property or prepare excess property for disposal.
  The reporting requirements in H.R. 7217 will provide what I believe 
will be very useful and valuable information, not only on the numbers 
and values of Federal properties, but on the costs of maintaining 
properties, like utilities, repairs, and janitorial services.
  Agencies spend well over $100 million dollars a year on the 
maintenance and upkeep of properties that are not even being used. H.R. 
7217 will help agencies reduce these unnecessary costs.
  Madam Speaker, in closing, I believe that H.R. 7217 gives additional 
resources to those agencies that might not otherwise be able to prepare 
and dispose of properties the ability to reap the benefits and apply 
them toward mission-critical properties. It also saves hard-earned 
taxpayer dollars that could definitely be used more appropriately.
  Mr. WAXMAN. Madam Speaker, I stand in support of H.R. 7217, the 
Federal Real Property Disposal Enhancement Act. H.R. 7217 is the 
byproduct of bipartisan bicameral collaboration and I want to 
congratulate Representatives Moore and Duncan for their commitment to 
federal real property reform. I also want to acknowledge Senators 
Carper and Coburn for their dedication also. I must also recognize the 
hard work and efforts of Ranking Member Davis.
  What we have before us is a sensible bill which will help move 
surplus real property out of the federal inventory. The bill allows the 
General Services Administration (GSA) to help pay the costs of other 
agencies' disposal activities. In particular, GSA will be able to help 
agencies pay costs with regard to properties that have yet to be 
declared excess. These costs include environmental cleanup, demolition, 
surveying, and life cycle costing.
  In addition, this bill modifies existing law to make clear that when 
a property has been transferred to a nonprofit organization or a state 
or local government for a public purpose, and that public purpose is no 
longer being met, the property must revert to the Federal Government, 
which must dispose of it.
  The bill also allows all agencies to retain the proceeds from the 
sale of federal surplus properties. These proceeds will be used for 
disposal activities and also may be used for maintenance and repairs.
  Moreover, the bill includes a pilot program, under which agencies 
can, for certain properties scheduled for demolition, avoid the 
quarterly suitability canvas performed by Housing and Urban Development 
(HUD), allowing agencies to try and dispose of such properties on an 
accelerated timeframe.
  Furthermore, this bill ensures strong data collection and reporting 
so the Federal Government can keep track of the real property in its 
inventory. Madam Speaker, passage of this bill, a work in progress for 
over six years, will make federal real property reform a reality. I 
urge passage.
  Attached is an exchange of letters regarding jurisdiction.
         House of Representatives, Committee on Transportation and 
           Infrastructure,
                               Washington, DC, September 29, 2008.
     Hon. Henry A. Waxman,
     Chairman, Committee on Oversight and Government Reform, House 
         of Representatives, 2157 Rayburn House Office Building, 
         Washington, DC
       Dear Chairman Waxman: I write to you regarding H.R. 7217, a 
     bill to amend title 40, United States Code, to enhance 
     authorities with regard to real property that has yet to be 
     reported excess, and for other purposes. This bill is the 
     product of negotiations between the House and Senate on 
     provisions contained in H.R. 5787, the ``Federal Real 
     Property Disposal Enhancement Act of 2008'', and S. 1667, a 
     bill to establish a pilot program for the expedited disposal 
     of Federal real property.
       H.R. 7217 contains provisions that fall within the 
     jurisdiction of the Committee on Transportation and 
     Infrastructure. I recognize and appreciate your desire to 
     bring this legislation before the House in an expeditious 
     manner and, accordingly, I will not seek a sequential 
     referral of the bill. However, I agree to waive consideration 
     of this bill with the mutual understanding that my decision 
     to forego a sequential referral of the bill does not waive, 
     reduce, or otherwise affect the jurisdiction of the Committee 
     on Transportation and Infrastructure over this legislation.
       Please place a copy of this letter and your response 
     acknowledging the Committee on Transportation and 
     Infrastructure's jurisdictional interest in the Congressional 
     Record during consideration of the measure on the House 
     Floor.
       I look forward to working with you as we prepare to pass 
     this important legislation.
           Sincerely,
                                          James L. Oberstar, M.C.,
                                                         Chairman.

[[Page 23371]]

     
                                  ____
         House of Representatives, Committee on Oversight and 
           Government Reform,
                               Washington, DC, September 29, 2008.
     Hon. James Oberstar,
     Chairman, Committee on Transportation and Infrastructure, 
         House of Representatives, 2165 Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Oberstar: I write to you regarding H.R. 7217, 
     a bill to amend title 40, United States Code, to enhance 
     authorities with regard to real property that has yet to be 
     reported excess, and for other purposes. This bill is the 
     product of negotiations between the House and Senate on 
     provisions contained in H.R. 5787, the ``Federal Real 
     Property Disposal Enhancement Act of 2008'', and S. 1677, a 
     bill to establish a pilot program for the expedited disposal 
     of Federal real property.
       I agree that provisions in H.R. 7217 are of jurisdictional 
     interest to the Committee on Transportation and 
     Infrastructure. I appreciate your willingness to waive rights 
     to further consideration of H.R. 7217, and I acknowledge that 
     through this waiver, your Committee is not relinquishing its 
     jurisdiction over the relevant provisions of H.R. 7217.
       This exchange of letters will be placed in the 
     Congressional Record as part of the consideration of H.R. 
     7217 in the House.
       I thank you for working with me to pass this important 
     legislation.
           Sincerely,
                                                  Henry A. Waxman,
                                                         Chairman.

  Mr. DAVIS of Virginia. Madam Speaker, today we take up the Federal 
Real Property Disposal Enhancement Act of 2008. This bill is a common 
sense reform that I have long supported.
  The federal government is the largest landholder in the country. As 
such, it is essential for the federal government to manage its 
properties as efficiently and effectively as possible.
  More importantly, property which is no longer of use to the federal 
government should be removed from the inventory.
  Unfortunately, over the years, federal property disposal processes 
have become increasingly cumbersome and unwieldy, and agencies often 
decide it's easier to sit on a property than try to get rid of it.
  In fact, OMB estimates a backlog of more than 21,000 in properties in 
need of maintenance and repair, carrying a price tag of more than $18 
billion.
  When I chaired the Oversight and Government Reform Committee, I spent 
a considerable amount of time working to reform the federal real 
property disposal system.
  This bill does not go as far as I would like us to go in reforming 
our federal property laws.
  But the databases and reporting requirements included in this 
legislation will at least allow us to know the extent of the problem.
  Good government doesn't just mandate that we don't spend what we 
don't need to spend . . . it also mandates that we don't keep what we 
don't need to keep.
  It's time the government does a better job at meeting that goal so 
I'll be supporting this legislation and I encourage my colleague to do 
the same.
  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




                             GENERAL LEAVE

  Mr. TOWNS. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to include extraneous material on the measures just considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.

                          ____________________




          STEPHANIE TUBBS JONES GIFT OF LIFE MEDAL ACT OF 2008

  Ms. MOORE of Wisconsin. Madam Speaker, I ask unanimous consent that 
the Committees on Financial Services and Energy and Commerce be 
discharged from further consideration of the bill (H.R. 7198) to 
establish the Stephanie Tubbs Jones Gift of Life Medal for organ donors 
and the family of organ donors, and ask for its immediate 
consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7198

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Stephanie Tubbs Jones Gift 
     of Life Medal Act of 2008''.

     SEC. 2. ELIGIBILITY REQUIREMENTS FOR STEPHANIE TUBBS JONES 
                   GIFT OF LIFE MEDAL.

       (a) In General.--Subject to the provisions of this section 
     and the availability of funds under this Act, any organ 
     donor, or the family of any organ donor, shall be eligible 
     for a Stephanie Tubbs Jones Gift of Life Medal (hereafter in 
     this Act referred to as a ``medal'').
       (b) Documentation.--The Secretary of Health and Human 
     Services shall direct the entity operating the Organ 
     Procurement and Transplantation Network to--
       (1) establish an application procedure requiring the 
     relevant organ procurement organization through which an 
     individual or family of the individual made an organ 
     donation, to submit to such entity documentation supporting 
     the eligibility of the individual or the family, 
     respectively, to receive a medal;
       (2) determine through the documentation provided and, if 
     necessary, independent investigation whether the individual 
     or family, respectively, is eligible to receive such a medal; 
     and
       (3) arrange for the presentation to the relevant organ 
     procurement organization all medals struck pursuant to 
     section 4 to individuals or families that are determined to 
     be eligible to receive medals.
       (c) Limitation.--
       (1) In general.--Except as provided in paragraph (2), only 
     1 medal may be presented to a family under subsection (b). 
     Such medal shall be presented to the donating family member, 
     or in the case of a deceased donor, the family member who 
     signed the consent form authorizing, or who otherwise 
     authorized, the donation of the organ involved.
       (2) Exception.--In the case of a family in which more than 
     1 member is an organ donor, a medal may be presented for each 
     such organ donor.

     SEC. 3. SOLICITATION OF DONATIONS; PROHIBITION ON USE OF 
                   FEDERAL FUNDS.

       (a) In General.--The Organ Procurement and Transplantation 
     Network may collect funds to offset expenditures relating to 
     the issuance of medals authorized under this Act.
       (b) Payment of Funds.--
       (1) In general.--Except as provided in paragraph (2), all 
     funds received by the Organ Procurement and Transplantation 
     Network under subsection (a) shall be promptly paid by the 
     Organ Procurement and Transplantation Network to the 
     Secretary of Health and Human Services for purposes of 
     purchasing medals under this Act for distribution and paying 
     the administrative costs of the Secretary of Health and Human 
     Services and the Secretary of the Treasury in carrying out 
     this Act.
       (2) Limitation.--Not more than 7 percent of any funds 
     received under subsection (a) may be used to pay 
     administrative costs, and fundraising costs to solicit funds 
     under subsection (a), incurred by the Organ Procurement and 
     Transplantation Network in carrying out this Act.
       (c) Prohibition on Use of Federal Funds.--No Federal funds 
     (including amounts appropriated for use by the Organ 
     Procurement and Transplantation Network) may be used for 
     purposes of carrying out this Act, including purchasing 
     medals under this Act or paying the administrative costs of 
     the Secretary of Health and Human Services or the Secretary 
     of the Treasury in carrying out this Act.

     SEC. 4. DESIGN AND PRODUCTION OF MEDAL.

       (a) In General.--Subject to the provisions of this section, 
     the Secretary of the Treasury shall design and strike the 
     Stephanie Tubbs Jones Gift of Life Medals, each of which 
     shall--
       (1) weigh 250 grams;
       (2) have a diameter of 3 inches; and
       (3) consist of bronze.
       (b) Design.--
       (1) In general.--The design of the medals shall commemorate 
     the compassion and courage manifested by and the sacrifices 
     made by organ donors and their families, and the medals shall 
     bear suitable emblems, devices, and inscriptions.
       (2) Selection.--The design of medals struck under this 
     section shall be--
       (A) selected by the Secretary of the Treasury, in 
     consultation with the Secretary of Health and Human Services, 
     the Organ Procurement and Transplantation Network, interested 
     members of the family of Stephanie Tubbs Jones, Dr. William 
     H. Frist, and the Commission of Fine Arts; and
       (B) reviewed by the Citizens Coin Advisory Committee.
       (c) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51 of 
     title 31, United States Code.
       (d) Striking and Delivery of Minimum-Sized Lots.--The 
     Secretary of the Treasury shall strike and deliver to the 
     Secretary of Health and Human Services no fewer than 100 
     medals at any time pursuant to an order by such Secretary.
       (e) Cost of Medals.--Medals struck under this section and 
     sold to the Secretary of Health and Human Services for 
     distribution in accordance with this Act shall be sold to the 
     Secretary of Health and Human Services at a price sufficient 
     to cover the cost of designing and striking the medals, 
     including

[[Page 23372]]

     labor, materials, dies, use of machinery, and overhead 
     expenses.
       (f) No Expenditures in Advance of Receipt of Fund.--
       (1) In general.--The Secretary of the Treasury shall not 
     strike or distribute any medals under this Act until such 
     time as the Secretary of Health and Human Services certifies 
     that sufficient funds have been received by such Secretary to 
     cover the cost of the medals ordered.
       (2) Design in advance of order.--Notwithstanding paragraph 
     (1), the Secretary of the Treasury may begin designing the 
     medal at any time after the date of the enactment of this Act 
     and take such other action as may be necessary to be prepared 
     to strike such medals upon receiving the certification 
     described in such paragraph, including preparing dies and 
     striking test pieces.

     SEC. 5. MEDALS NOT TREATED AS VALUABLE CONSIDERATION.

       A medal under this Act shall not be treated as valuable 
     consideration for purposes of section 301(a) of the National 
     Organ Transplant Act (42 U.S.C. 274e(a)).

     SEC. 6. DEFINITIONS.

       For purposes of this Act:
       (1) Organ.--The term ``organ'' has the meaning given such 
     term in section 121.2 of title 42, Code of Federal 
     Regulations.
       (2) Organ procurement organization.--The term ``organ 
     procurement organization'' means a qualified organ 
     procurement organization described in section 371(b)(1) of 
     the Public Health Service Act (42 U.S.C. 273(b)(1)).
       (3) Organ procurement and transplantation network.-- The 
     term ``Organ Procurementand Transplantation Network'' means 
     the Organ Procurement and Transplantation Network established 
     under section 372 of the Public Health Service Act (42 U.S.C. 
     274).
  Mr. STARK. Madam Speaker, I rise today to applaud House and Senate 
passage by unanimous consent of H.R. 7198, the Stephanie Tubbs Jones 
Gift of Life Medal Act of 2008. Representative Tubbs Jones' life ended 
as she lived it; by exemplifying concern for the welfare of others. She 
donated her organs in the waning hours of her life so that the lives of 
others could continue. In that spirit, this legislation creates a 
commemorative medal for organ donors and their families, recognizing 
the brave and selfless act of organ donation. It is a fitting tribute 
to her, and I look forward to seeing this program get up and running.
  This bill is a modified version of H.R. 6950, which passed the House 
on September 25, 2008. We modified the bill in order to address 
concerns from the other body and ensure its passage.
  Unfortunately, in modifying the bill, we had to delete findings 
included in H.R. 6950. I ask to insert these findings into the Record.
  (1) Congresswoman Stephanie Tubbs Jones was dedicated to eliminating 
health disparities and protecting vulnerable populations.
  (2) Through her service on the Committee on Ways and Means, 
Subcommittee on Health, she was a strong voice for those who were poor, 
elderly, racial and ethnic minorities, and disenfranchised.
  (3) Congresswoman Stephanie Tubbs Jones' concern for others was 
demonstrated by the decision to donate her organs, so that as her life 
ended, the lives of others continued.
  (4) There are currently 99,625 candidates for organ donation on the 
national transplant waiting list. Every 16 minutes, a new name is added 
to such list. Sixteen persons die each day waiting for a life saving 
organ transplant.
  (5) Minority populations account for nearly 50 percent of those on 
the national transplant waiting list.
  (6) Diseases that can lead to organ failure, such as hypertension and 
diabetes, are found more frequently in ethnic minority populations than 
in the general population.
  (7) While minorities donate organs in proportion to their population, 
the rate of organ donations fails to keep pace with the need for 
transplants in the population. African Americans, for example, 
represent about 13 percent of the population and 12 percent of organ 
donors, but comprise roughly 23 percent of individuals on national 
transplant waiting list for kidney transplants.
  (8) Transplantation success rates are higher when organs are matched 
between people sharing the same racial and ethnic background.
  (9) Because of the disparities in the need for organs, minorities are 
more likely to wait longer to find a successful match and are more 
likely to be sicker when an organ is found.
  (10) An increase in minority organ donations would decrease the 
waiting time and increase the likelihood of successful transplantations 
for minorities.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

                          ____________________




               EXTENDING THE ANDEAN TRADE PREFERENCE ACT

  Ms. MOORE of Wisconsin. Madam Speaker, I ask unanimous consent that 
the Committee on Ways and Means be discharged from further 
consideration of the bill (H.R. 7222) to extend the Andean Trade 
Preference Act, and for other purposes, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Wisconsin?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 7222

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

     SECTION 1. EXTENSION OF ANDEAN TRADE PREFERENCE ACT.

       (a) Extension.--Section 208 of the Andean Trade Preference 
     Act (19 U.S.C. 3206) is amended by striking ``December 31, 
     2008'' and inserting ``December 31, 2009''.
       (b) Treatment of Certain Apparel Articles.--Section 
     204(b)(3) of such Act (19 U.S.C. 3203(b)(3)) is amended--
       (1) in subparagraph (B)--
       (A) in clause (iii)--
       (i) in subclause (II), by striking ``6 succeeding 1-year 
     periods'' and inserting ``7 succeeding 1-year periods''; and
       (ii) in subclause (III)(bb), by striking ``and for the 
     succeeding 1-year period'' and inserting ``and for the 
     succeeding 2-year period''; and
       (B) in clause (v)(II), by striking ``5 succeeding 1-year 
     periods'' and inserting ``6 succeeding 1-year periods''; and
       (2) in subparagraph (E)(ii)(II), by striking ``December 31, 
     2008'' and inserting ``December 31, 2009''.

     SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM.

       (a) In General.--Title IV of the Dominican Republic-Central 
     America-United States Free Trade Agreement Implementation Act 
     (Public Law 109-53; 119 Stat. 495) is amended by adding at 
     the end the following:

     ``SEC. 404. EARNED IMPORT ALLOWANCE PROGRAM.

       ``(a) Preferential Treatment.--
       ``(1) In general.--Eligible apparel articles wholly 
     assembled in an eligible country and imported directly from 
     an eligible country shall enter the United States free of 
     duty, without regard to the source of the fabric or yarns 
     from which the articles are made, if such apparel articles 
     are accompanied by an earned import allowance certificate 
     that reflects the amount of credits equal to the total square 
     meter equivalents of fabric in such apparel articles, in 
     accordance with the program established under subsection (b).
       ``(2) Determination of quantity of sme.--For purposes of 
     determining the quantity of square meter equivalents under 
     paragraph (1), the conversion factors listed in `Correlation: 
     U.S. Textile and Apparel Industry Category System with the 
     Harmonized Tariff Schedule of the United States of America, 
     2008', or its successor publications, of the United States 
     Department of Commerce, shall apply.
       ``(b) Earned Import Allowance Program.--
       ``(1) Establishment.--The Secretary of Commerce shall 
     establish a program to provide earned import allowance 
     certificates to any producer or entity controlling production 
     of eligible apparel articles in an eligible country for 
     purposes of subsection (a), based on the elements described 
     in paragraph (2).
       ``(2) Elements.--The elements referred to in paragraph (1) 
     are the following:
       ``(A) One credit shall be issued to a producer or an entity 
     controlling production for every two square meter equivalents 
     of qualifying fabric that the producer or entity controlling 
     production can demonstrate that it has purchased for the 
     manufacture in an eligible country of articles like or 
     similar to any article eligible for preferential treatment 
     under subsection (a). The Secretary of Commerce shall, if 
     requested by a producer or entity controlling production, 
     create and maintain an account for such producer or entity 
     controlling production, into which such credits may be 
     deposited.
       ``(B) Such producer or entity controlling production may 
     redeem credits issued under subparagraph (A) for earned 
     import allowance certificates reflecting such number of 
     earned credits as the producer or entity may request and has 
     available.
       ``(C) Any textile mill or other entity located in the 
     United States that exports qualifying fabric to an eligible 
     country may submit, upon such export or upon request, the 
     Shipper's Export Declaration, or successor documentation, to 
     the Secretary of Commerce--
       ``(i) verifying that the qualifying fabric was exported to 
     a producer or entity controlling production in an eligible 
     country; and
       ``(ii) identifying such producer or entity controlling 
     production, and the quantity and description of qualifying 
     fabric exported to such producer or entity controlling 
     production.
       ``(D) The Secretary of Commerce may require that a producer 
     or entity controlling production submit documentation to 
     verify purchases of qualifying fabric.

[[Page 23373]]

       ``(E) The Secretary of Commerce may make available to each 
     person or entity identified in the documentation submitted 
     under subparagraph (C) or (D) information contained in such 
     documentation that relates to the purchase of qualifying 
     fabric involving such person or entity.
       ``(F) The program shall be established so as to allow, to 
     the extent feasible, the submission, storage, retrieval, and 
     disclosure of information in electronic format, including 
     information with respect to the earned import allowance 
     certificates required under subsection (a)(1).
       ``(G) The Secretary of Commerce may reconcile discrepancies 
     in the information provided under subparagraph (C) or (D) and 
     verify the accuracy of such information.
       ``(H) The Secretary of Commerce shall establish procedures 
     to carry out the program under this section by September 30, 
     2008, and may establish additional requirements to carry out 
     the program.
       ``(c) Definitions.--For purposes of this section--
       ``(1) the term `appropriate congressional committees' means 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate;
       ``(2) the term `eligible apparel articles' means the 
     following articles classified in chapter 62 of the HTS (and 
     meeting the requirements of the rules relating to chapter 62 
     of the HTS contained in general note 29(n) of the HTS) of 
     cotton (but not of denim): trousers, bib and brace overalls, 
     breeches and shorts, skirts and divided skirts, and pants;
       ``(3) the term `eligible country' means the Dominican 
     Republic; and
       ``(4) the term `qualifying fabric' means woven fabric of 
     cotton wholly formed in the United States from yarns wholly 
     formed in the United States and certified by the producer or 
     entity controlling production as being suitable for use in 
     the manufacture of apparel items such as trousers, bib and 
     brace overalls, breeches and shorts, skirts and divided 
     skirts or pants, all the foregoing of cotton, except that--
       ``(A) fabric otherwise eligible as qualifying fabric shall 
     not be ineligible as qualifying fabric because the fabric 
     contains nylon filament yarn with respect to which section 
     213(b)(2)(A)(vii)(IV) of the Caribbean Basin Economic 
     Recovery Act applies;
       ``(B) fabric that would otherwise be ineligible as 
     qualifying fabric because the fabric contains yarns not 
     wholly formed in the United States shall not be ineligible as 
     qualifying fabric if the total weight of all such yarns is 
     not more than 10 percent of the total weight of the fabric, 
     except that any elastomeric yarn contained in an eligible 
     apparel article must be wholly formed in the United States; 
     and
       ``(C) fabric otherwise eligible as qualifying fabric shall 
     not be ineligible as qualifying fabric because the fabric 
     contains yarns or fibers that have been designated as not 
     commercially available pursuant to--
       ``(i) article 3.25(4) or Annex 3.25 of the Agreement;
       ``(ii) Annex 401 of the North American Free Trade 
     Agreement;
       ``(iii) section 112(b)(5) of the African Growth and 
     Opportunity Act;
       ``(iv) section 204(b)(3)(B)(i)(III) or (ii) of the Andean 
     Trade Preference Act;
       ``(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) of the 
     Caribbean Basin Economic Recovery Act; or
       ``(vi) any other provision, relating to determining whether 
     a textile or apparel article is an originating good eligible 
     for preferential treatment, of a law that implements a free 
     trade agreement entered into by the United States that is in 
     effect at the time the claim for preferential treatment is 
     made.
       ``(d) Review and Report.--
       ``(1) Review.--The United States International Trade 
     Commission shall carry out a review of the program under this 
     section annually for the purpose of evaluating the 
     effectiveness of, and making recommendations for improvements 
     in, the program.
       ``(2) Report.--The United States International Trade 
     Commission shall submit to the appropriate congressional 
     committees annually a report on the results of the review 
     carried out under paragraph (1).
       ``(e) Effective Date and Applicability.--
       ``(1) Effective date.--The program under this section shall 
     be in effect for the 10-year period beginning on the date on 
     which the President certifies to the appropriate 
     congressional committees that sections A, B, C, and D of the 
     Annex to Presidential Proclamation 8213 (December 20, 2007) 
     have taken effect.
       ``(2) Applicability.--The program under this section shall 
     apply with respect to qualifying fabric exported to an 
     eligible country on or after August 1, 2007.''.
       (b) Clerical Amendment.--The table of contents for the 
     Dominican Republic-Central America-United States Free Trade 
     Agreement Implementation Act is amended by inserting after 
     the item relating to section 403 the following:

``Sec. 404. Earned import allowance program.''.

     SEC. 3. AFRICAN GROWTH AND OPPORTUNITY ACT.

       (a) In General.--Section 112 of the African Growth and 
     Opportunity Act (19 U.S.C. 3721) is amended--
       (1) in subsection (b)(6)(A), by striking ``ethic'' in the 
     second sentence and inserting ``ethnic''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``, and subject to 
     paragraph (2),'';
       (B) by striking paragraphs (2) and (3);
       (C) in paragraph (4)--
       (i) by striking ``Subsection (b)(3)(C)'' and inserting 
     ``Subsection (b)(3)(B)''; and
       (ii) by redesignating such paragraph (4) as paragraph (2); 
     and
       (D) by striking paragraph (5) and inserting the following:
       ``(3) Definition.--In this subsection, the term `lesser 
     developed beneficiary sub-Saharan African country' means--
       ``(A) a beneficiary sub-Saharan African country that had a 
     per capita gross national product of less than $1,500 in 
     1998, as measured by the International Bank for 
     Reconstruction and Development;
       ``(B) Botswana;
       ``(C) Namibia; and
       ``(D) Mauritius.''.
       (b) Applicability.--The amendments made by subsection (a) 
     apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after the 15th day after the date of the 
     enactment of this Act.
       (c) Review and Reports.--
       (1) ITC review and report.--
       (A) Review.--The United States International Trade 
     Commission shall conduct a review to identify yarns, fabrics, 
     and other textile and apparel inputs that through new or 
     increased investment or other measures can be produced 
     competitively in beneficiary sub-Saharan African countries.
       (B) Report.--Not later than 7 months after the date of the 
     enactment of this Act, the United States International Trade 
     Commission shall submit to the appropriate congressional 
     committees and the Comptroller General a report on the 
     results of the review carried out under subparagraph (A).
       (2) GAO report.--Not later than 90 days after the 
     submission of the report under paragraph (1)(B), the 
     Comptroller General shall submit to the appropriate 
     congressional committees a report that, based on the results 
     of the report submitted under paragraph (1)(B) and other 
     available information, contains recommendations for changes 
     to United States trade preference programs, including the 
     African Growth and Opportunity Act (19 U.S.C. 3701 et seq.) 
     and the amendments made by that Act, to provide incentives to 
     increase investment and other measures necessary to improve 
     the competitiveness of beneficiary sub-Saharan African 
     countries in the production of yarns, fabrics, and other 
     textile and apparel inputs identified in the report submitted 
     under paragraph (1)(B), including changes to requirements 
     relating to rules of origin under such programs.
       (3) Definitions.--In this subsection--
       (A) the term ``appropriate congressional committees'' means 
     the Committee on Ways and Means of the House of 
     Representatives and the Committee on Finance of the Senate; 
     and
       (B) the term ``beneficiary sub-Saharan African countries'' 
     has the meaning given the term in section 506A(c) of the 
     Trade Act of 1974 (19 U.S.C. 2466a(c)).
       (d) Clerical Amendment.--Section 6002(a)(2)(B) of Public 
     Law 109-432 is amended by striking ``(B) by striking'' and 
     inserting ``(B) in paragraph (3), by striking''.

     SEC. 4. GENERALIZED SYSTEM OF PREFERENCES.

       Section 505 of the Trade Act of 1974 (19 U.S.C. 2465) is 
     amended by striking ``December 31, 2008'' and inserting 
     ``December 31, 2009''.

     SEC. 5. CUSTOMS USER FEES.

       (a) In General.--Section 13031(j)(3) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(j)(3)) is amended--
       (1) in subparagraph (A), by striking ``November 14, 2017'' 
     and inserting ``February 21, 2018''; and
       (2) in subparagraph (B)(i), by striking ``October 7, 2017'' 
     and inserting ``January 31, 2018''.
       (b) Repeal.--Section 15201 of the Food, Conservation, and 
     Energy Act of 2008 (Public Law 110-246) is amended by 
     striking subsections (c) and (d).

     SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.

       The percentage under subparagraph (C) of section 401(1) of 
     the Tax Increase Prevention and Reconciliation Act of 2005 in 
     effect on the date of the enactment of this Act is increased 
     by 2.25 percentage points.

     SEC. 7. TECHNICAL CORRECTIONS.

       Section 15402 of the Food, Conservation, and Energy Act of 
     2008 (Public Law 110-246) is amended--
       (1) in subsections (a) and (b), by striking ``Carribean'' 
     each place it appears and inserting ``Caribbean''; and
       (2) in subsection (d), by striking ``231A(b)'' and 
     inserting ``213A(b)''.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

[[Page 23374]]



                          ____________________




     PERMISSION TO CONSIDER AS ADOPTED MOTIONS TO SUSPEND THE RULES

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
the motions to suspend the rules relating to the following measures be 
considered as adopted in the form considered by the House on Saturday, 
September 27, 2008: House Resolution 1224, H.R. 4131, H.R. 6600, H.R. 
6669, S. 3536, S. 3598, S. 3296, and S. 2304.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  The SPEAKER pro tempore. Without objection, respective motions to 
reconsider are laid on the table.
  There was no objection.

                          ____________________




     THE DEFEAT OF THE EMERGENCY ECONOMIC STABILIZATION ACT OF 2008

  (Ms. KAPTUR asked and was given permission to address the House for 1 
minute and to revise and extend her remarks.)
  Ms. KAPTUR. Madam Speaker, this was an amazing day in the Congress of 
the United States. The American people were actually heard, and fear 
was put on the shelf as we stopped hasty action that Wall Street 
powerhouses had attempted to ram through this Congress. It was a 
sobering day. It was an exhausting day. Now we have to get to work to 
create a new moment: to draft legislation on a bipartisan basis that is 
responsible, that is rigorous and that meets the real needs.
  This includes securities and exchange reform legislation to expand 
credit flows. The SEC and bank regulators must act immediately to 
suspend the fair value accounting rules; they must clamp down on abuses 
by short sellers, and they must withdraw the Basel II capital rules. 
These will go a long way to expanding credit flows at the local level.
  We have to stabilize our housing markets on Main Street, and we have 
to reform the regulatory process and investigate the wrongdoers who 
brought America and the American people to this juncture.
  We have to fund the FBI to go after those who have exhibited 
malfeasance, accounting fraud, who have used abusive practices, and who 
have made billions doing it.
  I want to thank the American people and this Congress for doing what 
was right, not what was hasty.

                         Regulating Wall Street

                         (By William M. Isaac)

       The Fed's decision to open the discount window to Wall 
     Street firms, and to subsidize the takeover of Bear Stearns, 
     requires that we rethink the regulation of Wall Street. How 
     we resolve the issues will have profound effect on our 
     financial markets for years to come.
       Before attempting to come up with answers, we need to make 
     sure we know and understand the questions. I will try to 
     identify the important ones.
       A. Who Gets Access to the Safety Net? Under What 
     Circumstances? What Price Do They Pay? The federal safety net 
     (i.e., the ability to borrow from the Fed and to offer 
     insured deposits) was created to promote stability in the 
     banking and thrift industries, and the cost is borne by banks 
     and thrifts. The deposit insurance fund now exceeds $50 
     billion, and each year the Fed pays to the Treasury billions 
     of dollars of profits earned in part from interest-free 
     reserves maintained by banks.
       If we expand the safety net, which firms should be 
     included--investment banks, hedge funds, leveraged buyout 
     firms, insurance companies, others? How will we draw the 
     line--size of firm, inter-connections to other firms, harm a 
     failure would cause to consumers or businesses, the potential 
     impact of a failure on financial stability?
       If non-banks are granted access to the safety net, will 
     they be required to help pay cost? Would it be fair to banks 
     and thrifts to have invested billions per year in the safety 
     net for much of the past century to suddenly allow non-banks 
     to obtain the benefits of the safety net? What would be the 
     competitive effects on banks and thrifts?
       B. Who Will Regulate Our New Universe of Safety Net Firms? 
     Treasury argues that we need to revamp the regulation of 
     financial firms in view of the new world of finance in which 
     commercial banks, thrifts, investment banks, insurance 
     companies, and others perform many of the same functions. It 
     is suggested that we need to consolidate the regulators while 
     designating a single ``market stability'' regulator.
       I would argue that the genius of the American system of 
     government is the diffusion of government power. We do not 
     believe in centralized planning, and we rely heavily on 
     checks and balances.
       One of the clearest lessons of the S&L crisis of the 1980s 
     is that we must have an independent deposit insurance agency 
     armed with the full array of examination and enforcement 
     powers. The former FSLIC, which insured deposits at S&Ls, was 
     a toothless agency operating as a subsidiary of the primary 
     regulator. The failure to provide that check on the S&L 
     industry was an important contributing factor to a taxpayer 
     loss of some $150 billion. Are we prepared to go down that 
     path again in our pursuit of a tidy organizational chart?
       We currently have at least four agencies heavily focused on 
     maintaining stability in the financial markets--the Fed, the 
     SEC, the FDIC, and Treasury. Do we really believe that having 
     a single agency fretting about market stability will be an 
     improvement? If so, which agency has been proven to have such 
     all-knowing vision and wisdom?
       The major problem confronting our financial system for the 
     past year is the collapse in the residential real estate 
     markets. Did the banking agencies and Treasury not notice 
     that unregulated mortgage loan brokers were sprouting up 
     everywhere, that securitizations were providing unprecedented 
     liquidity to mortgage markets, that home loan underwriting 
     standards were deteriorating, and that home prices were 
     skyrocketing? Did the agencies seek more information or take 
     actions to dampen the frenzy, were they rebuffed, or did they 
     not appreciate the potential problems?
       Take a look at the public debate while the real estate 
     bubble was building. You will find the Fed and Treasury 
     touting the Basel II capital regime as the way to make more 
     precise calculations of how much capital was really required 
     in our banks. It was argued that this would allow our large 
     banks to reduce their capital to international norms, or 
     about half the U.S. level. Does that sound like folks who 
     were concerned in the slightest about a bubble in real 
     estate?
       Thankfully, the FDIC, the OTS, and a few Congressional 
     leaders fought against eliminating the minimum capital 
     requirement for U.S. banks. As bad as things might be right 
     now, how much worse they would be if Basel II had breezed 
     through without a minimum capital standard and our major 
     banks had leveraged their balance sheets even further during 
     the past few years?
       One final question to ponder as we debate our future: Would 
     we be better served by a messy, contentious, and some times 
     frustrating regulatory system that moves cautiously or by a 
     highly efficient system that runs with alacrity off the 
     nearest cliff?
       Would it be more appropriate to legislate that non-banks 
     develop and pay for their own safety net? Should we impose 
     new standards to reduce greatly the odds that non-banks will 
     ever need to use the safety net again? Might it be 
     appropriate to enact tough ground rules restricting the 
     ability of the Fed to lend to non-bank firms in the absence 
     of a national emergency? Should the Fed be allowed to act 
     unilaterally?
       If non-bank firms are included in the bank-funded safety 
     net, what sort of regulation will we impose on them? Will it 
     be equivalent to the regulation of banks, i.e., capital 
     regulation, liquidity requirements, examinations, reporting 
     requirements, compliance regulations, limitations on loans to 
     affiliates and officers and directors, restrictions on 
     ownership and permissible activities, lending limits, and a 
     full range of regulatory enforcement powers?
       If non-bank firms are included in the bank-funded safety 
     net and then fail, how will the failures be handled? Will 
     they be subject to the receivership powers of the FDIC? If 
     not, who will administer the receivership?
       Do we want our central bank providing liquidity and also 
     handling failures? We used to have a comparable system in the 
     S&L industry with disastrous results.
       If we go down the path of comparable regulation of 
     commercial banks and investment banks, will investment banks 
     be able to continue their high-risk underwriting and 
     investment activities so vital to capitalism? If not, will 
     they remain in the U.S. or move their headquarters to London 
     or Dubai?
                                  ____


                    How To Save the Financial System

                         (By William M. Isaac)

       I am astounded and deeply saddened to witness the senseless 
     destruction in the U.S. financial system, which has been the 
     envy of the world. We have always gone through periods of 
     correction, but today's problems are so much worse than they 
     needed to be.
       The Securities and Exchange Commission and bank regulators 
     must act immediately to suspend the Fair Value Accounting 
     rules, clamp down on abuses by short sellers, and withdraw 
     the Basel II capital rules. These three actions will go a 
     long way toward arresting the carnage in our financial 
     system.
       During the 1980s, our underlying economic problems were far 
     more serious than the economic problems we're facing this 
     time around. The prime rate exceeded 21%. The savings bank 
     industry was more than $100 billion insolvent (if we had 
     valued it on a market basis), the S&L industry was in even

[[Page 23375]]

     worse shape, the economy plunged into a deep recession, and 
     the agricultural sector was in a depression.
       These economic problems led to massive credit problems in 
     the banking and thrift industries. Some 3,000 banks and 
     thrifts ultimately failed, and many others were merged out of 
     existence. Continental Illinois failed, many of the regional 
     banks tanked, hundreds of farm banks went down, and thousands 
     of thrifts failed or were taken over.
       It could have been much worse. The country's 10-largest 
     banks were loaded up with Third World debt that was valued in 
     the markets at cents on the dollar. If we had marked those 
     loans to market prices, virtually every one of them would 
     have been insolvent. Indeed, we developed contingency plans 
     to nationalize them.
       At the outset of the current crisis in the credit markets, 
     we had no serious economic problems. Inflation was under 
     control, GDP growth was good, unemployment was low, and there 
     were no major credit problems in the banking system.
       The dark cloud on the horizon was about $1.2 trillion of 
     subprime mortgage-backed securities, about $200 billion to 
     $300 billion of which was estimated to be held by FDIC-
     insured banks and thrifts. The rest were spread among 
     investors throughout the world.
       The likely losses on these assets were estimated by 
     regulators to be roughly 20%. Losses of this magnitude would 
     have caused pain for institutions that held these assets, but 
     would have been quite manageable.
       How did we let this serious but manageable situation get so 
     far out of hand--to the point where several of our most 
     respected American financial companies are being put out of 
     business, sometimes involving massive government bailouts?
       Lots of folks are assigning blame for the underlying 
     problems--management greed, inept regulation, rating-agency 
     incompetency, unregulated mortgage brokers and too much 
     government emphasis on creating more housing stock. My 
     interest is not in assigning blame for the problems but in 
     trying to identify what is causing a situation, that should 
     have been resolved easily, to develop into a crisis that is 
     spreading like a cancer throughout the financial system.
       The biggest culprit is a change in our accounting rules 
     that the Financial Accounting Standards Board and the SEC put 
     into place over the past 15 years: Fair Value Accounting. 
     Fair Value Accounting dictates that financial institutions 
     holding financial instruments available for sale (such as 
     mortgage-backed securities) must mark those assets to market. 
     That sounds reasonable. But what do we do when the already 
     thin market for those assets freezes up and only a handful of 
     transactions occur at extremely depressed prices?
       The answer to date from the SEC, FASB, bank regulators and 
     the Treasury has been (more or less) ``mark the assets to 
     market even though there is no meaningful market.'' The 
     accounting profession, scarred by decades of costly 
     litigation, just keeps marking down the assets as fast as it 
     can.
       This is contrary to everything we know about bank 
     regulation. When there are temporary impairments of asset 
     values due to economic and marketplace events, regulators 
     must give institutions an opportunity to survive the 
     temporary impairment. Assets should not be marked to 
     unrealistic fire-sale prices. Regulators must evaluate the 
     assets on the basis of their true economic value (a 
     discounted cash-flow analysis).
       If we had followed today's approach during the 1980s, we 
     would have nationalized all of the major banks in the country 
     and thousands of additional banks and thrifts would have 
     failed. I have little doubt that the country would have gone 
     from a serious recession into a depression.
       If we do not halt the insanity of forcing financial firms 
     to mark assets to a nonexistent market rather than their 
     realistic economic value, the cancer will keep spreading and 
     will plunge the world into very difficult economic times for 
     years to come.
       I argued against adopting Fair Value Accounting as it was 
     being considered two decades ago. I believed we would come to 
     regret its implementation when we hit the next big financial 
     crisis, as it would deny regulators the ability to exercise 
     judgment when circumstances called for restraint. That day 
     has clearly arrived.
       Equally egregious are the actions by the SEC in recent 
     years lifting the restraints on short sellers of stocks to 
     allow ``naked selling'' (shorting a stock without actually 
     possessing it) and to eliminate the requirement that short 
     sellers could sell only on an uptick in the market.
       On top of this, it is my understanding that short sellers 
     are engaged in abuses such as purchasing credit default swaps 
     on corporate bonds (essentially bets on whether a borrower 
     will default), which lowers the price of the bonds, which in 
     turn causes the price of the company's stock to decline 
     further. Then the ratings agencies pile on and reduce the 
     ratings of a company because its reduced stock price will 
     prevent it from raising new capital. The SEC must act 
     immediately to eliminate these and other potential abuses by 
     short sellers.
       The Basel II capital rules adopted by the FDIC, Federal 
     Reserve, Office of Thrift Supervision and the Comptroller of 
     the Currency last year are too new to have caused big 
     problems, but they must be eliminated before they do. Basel 
     II requires the use of very complex mathematical models to 
     set capital levels in banks. The models use historical data 
     to project future losses. If banks have a period of low 
     losses (such as in the mid-1990s to the mid-2000s), the 
     models require relatively little capital and encourage even 
     more heated growth. When we go into a period like today where 
     losses are enormous (on paper, at least), the models require 
     more capital when none is available, forcing banks to cut 
     back lending.
       As I write this article, I am seeing proposals by some to 
     create a new Resolution Trust Corp., as we did in the 1990s 
     to clean up the S&L problems. The RTC managed and sold assets 
     from S&Ls that had already failed. It was run by the FDIC, 
     just like the FDIC. We needed to create the RTC in the 1990s 
     only because we could not comingle the assets from failed 
     banks with those of failed thrifts, because we had two 
     separate deposit insurance funds absorbing the respective 
     losses from bank and thrift failures.
       I can't imagine why we would want to create another 
     government bureaucracy to handle the assets from bank 
     failures. What we need to do urgently is stop the failures, 
     and an RTC won't do that.
       Again, we must take three immediate steps to prevent a 
     further rash of financial failures and taxpayer bailouts. 
     First, the SEC must suspend Fair Value Accounting and require 
     that assets be marked to their true economic value. Second, 
     the SEC needs to immediately clamp down on abusive practices 
     by short sellers. It has taken a first step in reinstituting 
     the prohibition against ``naked selling.'' Finally, the bank 
     regulators need to acknowledge that the Basel II capital 
     rules represent a serious policy mistake and repeal the rules 
     before they do real damage.
       We are almost out of time if we hope to eradicate the 
     cancer in our financial system.
                                  ____

       Mr. Isaac, chairman of the Federal Deposit Insurance Corp. 
     from 1981-1985, is chairman of the Washington financial 
     services consulting firm The Secura Group, an LECG company.

               [From the Washington Post, Sept. 27, 2008]

                       A Better Way To Aid Banks

                         (By William M. Isaac)

       Congressional leaders are badly divided on the Treasury 
     plan to purchase $700 billion in troubled loans. Their angst 
     is understandable: It is far from clear that the plan is 
     necessary or will accomplish its objectives.
       It's worth recalling that our country dealt with far more 
     credit problems in the 1980s in a far harsher economic 
     environment than it faces today. About 3,000 bank and thrift 
     failures were handled without producing depositor panics and 
     massive instability in the financial system.
       The Federal Deposit Insurance Corp. has just handled 
     Washington Mutual, now the largest bank failure in history, 
     in an orderly manner, with no cost to the FDIC fund or 
     taxpayers. This is proof that our time-tested system for 
     resolving banking problems works.
       One argument for the urgency of the Treasury proposal is 
     that money market funds were under a great deal of pressure 
     last week as investors lost confidence and began withdrawing 
     their money. But putting the government's guarantee behind 
     money market funds--as Treasury did last week--should have 
     resolved this concern.
       Another rationale for acting immediately on the bailout is 
     that bank depositors are getting panicky--mostly in reaction 
     to the July failure of IndyMac, in which uninsured depositors 
     were exposed to loss.
       Does this mean that we need to enact an emergency program 
     to purchase $700 billion worth of real estate loans? If the 
     problem is depositor confidence, perhaps we need to be 
     clearer about the fact that the FDIC fund is backed by the 
     full faith and credit of the government.
       If stronger action is needed, the FDIC could announce that 
     it will handle all bank failures, except those involving 
     significant fraudulent activities, as assisted mergers that 
     would protect all depositors and other general creditors. 
     This is how the FDIC handled Washington Mutual. It would be 
     easy to announce this as a temporary program if needed to 
     calm depositors.
       An additional benefit of this approach is that community 
     banks would be put on a par with the largest banks, 
     reassuring depositors who are unconvinced that the government 
     will protect uninsured depositors in small banks.
       I have doubts that the $700 billion bailout, if enacted, 
     would work. Would banks really be willing to part with the 
     loans, and would the government be able to sell them in the 
     marketplace on terms that the taxpayers would find 
     acceptable?
       To get banks to sell the loans, the government would need 
     to buy them at a price greater than what the private sector 
     would pay today. Many investors are open to purchasing the 
     loans now, but the financial institutions and investors 
     cannot agree on price. Thus private money is sitting on the 
     sidelines until there is clear evidence that we are at the 
     floor in real estate.

[[Page 23376]]

       Having financial institutions sell the loans to the 
     government at inflated prices so the government can turn 
     around and sell the loans to well-heeled investors at lower 
     prices strikes me as a very good deal for everyone but U.S. 
     taxpayers. Surely we can do better.
       One alternative is a ``net worth certificate'' program 
     along the lines of what Congress enacted in the 1980s for the 
     savings and loan industry. It was a big success and could 
     work in the current climate. The FDIC resolved a $100 billion 
     insolvency in the savings banks for a total cost of less than 
     $2 billion.
       The net worth certificate program was designed to shore up 
     the capital of weak banks to give them more time to resolve 
     their problems. The program involved no subsidy and no cash 
     outlay.
       The FDIC purchased net worth certificates (subordinated 
     debentures, a commonly used form of capital in banks) in 
     troubled banks that the agency determined could be viable if 
     they were given more time. Banks entering the program had to 
     agree to strict supervision from the FDIC, including 
     oversight of compensation of top executives and removal of 
     poor management
       The FDIC paid for the net worth certificates by issuing 
     FDIC senior notes to the banks; there was no cash outlay. The 
     interest rate on the net worth certificates and the FDIC 
     notes was identical, so there was no subsidy.
       If such a program were enacted today, the capital position 
     of banks with real estate holdings would be bolstered, giving 
     those banks the ability to sell and restructure assets and 
     get on with their rehabilitation. No taxpayer money would be 
     spent, and the asset sale transactions would remain in the 
     private sector where they belong.
       If we were to (1) implement a program to ease the fears of 
     depositors and other general creditors of banks; (2) keep 
     tight restrictions on short sellers of financial stocks; (3) 
     suspend fair-value accounting (which has contributed mightily 
     to our problems by marking assets to unrealistic fire-sale 
     prices); and (4) authorize a net worth certificate program, 
     we could settle the financial markets without significant 
     expense to taxpayers.
       Say Congress spends $700 billion of taxpayer money on the 
     loan purchase proposal. What do we do next? If, however, we 
     implement the program suggested above, we will have $700 
     billion of dry powder we can put to work in targeted tax 
     incentives if needed to get the economy moving again.
       The banks do not need taxpayers to carry their loans. They 
     need proper accounting and regulatory policies that will give 
     them time to work through their problems.

                          ____________________




                              {time}  1500
     LET'S WORK TOGETHER TO ADDRESS THE NATION'S CURRENT FINANCIAL 
                               CHALLENGES

  (Mr. DOGGETT asked and was given permission to address the House for 
1 minute.)
  Mr. DOGGETT. Madam Speaker, as one of those who voted against 
President Bush's bailout proposal, I want to express my continued 
interest in working together to address the Nation's current financial 
challenges. I do not oppose reasonable steps to intervene in the 
economy so long as all the burden is not placed on the taxpayers.
  I recommend that the House promptly approve a resolution calling on 
the Administration to exercise authority it already possesses to ensure 
that our financial markets continue to function properly.
  The FDIC should utilize its emergency powers to immediately raise the 
limits on federally-insured accounts at all banks. The Securities and 
Exchange Commission should review and consider suspension of current 
accounting rules on the valuation of mortgage-backed securities. And 
the FDIC should consider relying on the net worth certificate approach 
that it utilized during the savings and loan debacle of the 1980s.
  These are not just my ideas, rather, they are ideas recommended to 
the Congress by William Isaac, President Reagan's former Chairman of 
the Federal Deposit and Insurance Corporation. That approach, and 
others that were not considered last week, should be considered now to 
ensure that our financial markets continue to operate.

                          ____________________




   CALLING UPON CHAIRMAN COX TO GET RID OF MARK-TO-MARKET ACCOUNTING

  (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, this is a historic vote today. 
I'm sure that everyone who voted did so very thoughtfully, most of us 
very prayerfully. But, Madam Speaker, Chairman Cox, Chairman of the 
Securities and Exchange Commission, today could fix a lot of the 
problems here by, by a stroke of a pen, getting rid of mark-to-market 
accounting across the board. I call upon Mr. Cox to do so today. The 
markets will respond markedly, and I hope that he will listen and do 
so.

                          ____________________




          HANK PAULSON GOT HIS REJECTION NOTICE FROM CONGRESS

  (Mr. DeFAZIO asked and was given permission to address the House for 
1 minute.)
  Mr. DeFAZIO. Madam Speaker, there are many of us from day one who 
questioned the Paulson premise that dumping $700 billion into bad debt 
on Wall Street would somehow help revive the American economy, help 
Main Street, help small businesses, help the people I'm here to 
represent. I believe today gives us an opportunity to step back and 
begin again to construct a package that does not put the taxpayers at 
risk for $700 billion.
  William Isaac headed up the FDIC during the savings and loan crisis. 
He took a $100 billion problem and he solved it for $2 billion; he says 
we can do the same thing here, pennies on the dollar. And then, that 
would leave a lot of borrowing capacity to help begin to inject money 
into public works projects, infrastructure in this country, other 
things that benefit average Americans, put us back to work, and make us 
a more competitive economy.
  We need to go back to the drawing board with a democratic proposal. 
Hank Paulson just got his rejection notice here from Congress.

                          ____________________




                             SPECIAL ORDERS

  The SPEAKER pro tempore (Ms. Clarke). 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.

                          ____________________




                          DON'T PANIC AMERICA

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Texas (Mr. Gohmert) is recognized for 5 minutes.
  Mr. GOHMERT. Madam Speaker, this was a historic day. There was a bill 
in which we had Members who meant well, who had come to this floor and 
said, look, I understand we all have these principles, and this 
violates some of our principles, but we need to set those aside in 
order to avoid risk here. Well, first of all, that is a faulty premise. 
I just couldn't think of anything but the Declaration of Independence, 
when the people who founded this place came forward and said the 
principles of not having the king, not having the Government run 
everything are too important. And they signed their name where 
everybody could see, pledging their lives, their fortunes, their sacred 
honor, saying, ``On these principles we will stand or fall.''
  And I think today the House, by its vote, said we're standing on the 
same principles. But not only that, these are the principles on which 
this Nation has become the greatest Nation in the world and the most 
prosperous. We can't abandon those principles.
  So to have a bill that would come before Congress that basically gave 
the Secretary of the Treasury incredible powers--he was going to be 
able to bail out any bank in the world with American taxpayer dollars, 
the only exception was a central bank of a foreign government, but 
other banks that weren't central banks of other governments could be 
bailed out. And then, looking at judicial review, as that's my 
background, it was extraordinary. Nobody was going to be able to object 
legally and have a chance of prevailing under the standards that were 
set forth.
  So the American people need to hear this message: Don't panic. You 
saw a Congress bipartisanly come in here and stand on principle and 
want you to know, don't panic, we are going to address this. We're 
going to come back, it

[[Page 23377]]

will take a couple of days, and we'll look at the other solutions. One 
of them was proposed by the former Chairman of the FDIC and said, look, 
Paulson wanted $700 billion of American taxpayer money to buy these 
mortgage-based securities that, because the market is frozen, they have 
no value. And he is going to put a value on there, and it would be 
either the value, if you do a discounting based on the cash payments 
made on that mortgage, how regularly they're made, there's a way to get 
a formula and put a value on there, or you can base it on a discounted 
value of the underlying property that is securing that mortgage.
  And then you have a value. And that's what Secretary Paulson was 
going to come in and spend to buy these assets with American taxpayer 
dollars. The FDIC former Chairman said, look, if you will just allow 
these banks to value these assets, what they're really worth and what 
Secretary Paulson was willing to come in and pay, then they're not 
under water, the banks don't fail. Washington Mutual didn't have to 
fail. And even when it failed, all those people that had money with 
Washington Mutual, they woke up the next day, they had the same money 
in the account, it is now under a JP Morgan name. And the same way with 
Wachovia; all their deposits, as I understand it, they have been 
purchased, and the people can wake up tomorrow and know they've got all 
that money, it's just under a different name, in the same amount.
  Don't panic. When Roosevelt said, ``All we have to fear is fear 
itself,'' that is so true right now because this Congress is committed 
to principle in a bipartisan way. And I appreciate my friend, Ms. 
Kaptur, and her diligence in pursuing this. And we've heard some of the 
same presentations. And we're going to come back with a better bill; 
and if we don't, we're going to keep doing it until we get it right.
  Some of the other proposals were excellent. You know, rather than 
make American taxpayers buy these things--including in, possibly, 
foreign countries--why not just say, look, if you will come and buy 
these assets, you won't have any capital gains on the income you make 
off of these, that encourages the free market to flow.
  We have heard--I was not aware--that there may be hundreds of 
billions of American dollars in foreign banks. And one idea was, if you 
say we will allow you to repatriate those hundreds of billions of 
dollars if you will bring them in, no tax, no penalty, and buy these 
assets to help things along, that brings America money.
  There are all kinds of fantastic ideas. And we are going to be 
stronger in America if the fearmongering will go away so Americans can 
use their own judgment and understand that this was a good thing today. 
Please don't fear, please don't panic. We're going to come back from 
this stronger, with our principles intact.

                          ____________________




             CONGRESS DID WHAT WAS RIGHT, NOT WHAT WAS FAST

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentlewoman from Ohio (Ms. Kaptur) is recognized for 5 minutes.
  Ms. KAPTUR. Madam Speaker, in thanking my colleague, Congressman 
Gohmert, for all of his efforts to make this institution function in 
the manner that it was duly constituted to function, I was reminded 
today, as I was walking through the halls--not expecting the result 
that was just yielded on that important vote relating to Wall Street--
there is a fresco downstairs, and above the door it has this quote, 
that ``Here there are no temples but the Capitol, and no oracle but the 
Constitution.''
  No matter how powerful any group is or any set of individuals, our 
duty is a different one, and that is, to work together across this 
aisle for the best legislation, the best law making that is humanly 
possible to serve the people that sent us here, through regular order. 
And that means hearing from the membership, especially on a matter of 
such extraordinary magnitude as we were just asked to vote upon.
  This is the Congress of the United States, and we are a deliberative 
body. We are not a military order. There are no generals, and they are 
not able to command down the ranks. We operate through consensus. And 
when that process breaks down, we don't produce good legislation and, 
in turn, do not serve the American people.
  On the matter that was before us, I think it's fair to say that most 
committees that should have met did not. They were discharged of their 
duties in a strange process that I hope I never see again.
  The bill came to the floor with a closed rule. A few Members said to 
us after the vote, ``Well, where is your alternative? If you don't like 
this, where is your alternative?'' And our answer was, we had 
alternatives, but we were summarily denied the ability to present them 
through regular order. There was no reason to go to the Rules 
Committee, as it was a closed rule. We were not allowed to invite 
witnesses--and many of us asked, it's not like we didn't try. But let 
the record be very clear, Members were not able to testify, and 
therefore, we were not able to glean the best intelligence from our 
country as this bill moved forward.
  ``There is no temple but the Capitol, and no oracle but the 
Constitution.'' I really believe this Congress met its duty, its sworn 
obligation today in this truly historic vote. We have a lot of work to 
do. And I think one thing happened today that is actually very good for 
the Republic, and that is, whatever artificial line may exist down that 
middle aisle, I think it crumbled, and there is a new working energy 
inside this institution to do what should have been done in the first 
place.
  Now, we have respect for our leadership, and we have respect for the 
President of the United States. And whatever was presented a few weeks 
ago that had to be acted upon with such urgency, we are willing to 
remain and to reconstitute ourselves and to exercise the duties of the 
office to which we have been elected as our constitution demands.
  People don't have to be fearful, Wall Street doesn't have to be 
worried, we can take care of this. If we look to some of the 
institutions that have run up into a little trouble these last few 
weeks, we've seen what the FDIC has done. The insurance programs are 
working. Savings deposits are safe in our institutions. One can argue 
whether we should increase the FDIC-insured rate over $100,000 per 
depositor, but if we do this right, we can really give strength back to 
our credit markets because this is not a liquidity crisis, this is a 
credit crisis related to accounting standards.
  We can hear from the best accountants in America. That should have 
been done. They could have helped us work through this; they were not 
given voice. We can take a look at the housing crisis, its foreclosure 
crisis--which is at the heart of the credit seize-up--because we have 
markets that aren't working there, we have a lot of empty properties, 
people being foreclosed. There was nothing in this legislation that 
would do workouts at the local level. Why didn't the Federal Reserve, 
you know, and the administration, they wanted all this money, but they 
didn't want money to help Main Street bankers and mortgage holders and 
families try to work out loans at the local level where we can save 
people in their homes. My goodness.
  These are issues America has dealt with before. There should be calm 
across the country. The Congress has made a decision, and I believe 
that we will present a better bill in a very short period of time.
  I thank you, Madam Speaker. And what a joy it was to work with 
Members on both sides of the aisle to do what was right, not what was 
fast.

                          ____________________




                              {time}  1515
                         EATONTON BICENTENNIAL

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Georgia (Mr. Broun) is recognized for 5 minutes.
  Mr. BROUN of Georgia. Madam Speaker, for over 200 years, Eatonton, 
Georgia, has served as the seat of Putnam County and has continuously 
reflected the American spirit and ideals.

[[Page 23378]]

  Both town and county were named after American patriots. Israel 
Putnam was a hero of Bunker Hill, and William Eaton was a famous 
officer and a diplomat during the First Barbary War.
  Eatonton is a gorgeous town with patriotic people, beautiful homes, 
historic churches, and a magnificent courthouse. Sitting on the famous 
courthouse square, there's a statue of Brer Rabbit, the central figure 
of the Uncle Remus stories, which pays tribute to great literary 
contributions and cultural preservation.
  Just outside of Eatonton is St. Paul's Methodist Church, which is 
over a century old and sits near Rockville Academy, the State's first 
consolidated rural school. Many generations have used this historic 
church to worship God, and many individuals have come to know His 
saving grace within its walls.
  There are many Antebellum and Victorian-era homes within Eatonton 
that survived the war between the States. When General Sherman 
conducted his destructive ``March to the Sea'' during that great war, 
he bypassed Eatonton and left its beautiful homes untouched. Now 
visitors to the town have the opportunity to see grand American 
architecture of long ago.
  The sons and daughters of Eatonton have served, fought, and died for 
their country for over two centuries. Every single time America has 
called upon its citizens for help, the residents of Eatonton have 
answered. They have served in the armed services, and, during the Civil 
War, they cared for the wounded on both sides of the conflict.
  There are many famous people from Eatonton, but some of the best 
known are Alice Walker, author of ``The Color of Purple''; Vincent 
Hancock, a recent Olympic Gold Medalist in shooting; and Truett Cathy, 
founder of Chick-fil-A. These great Americans are products of 
Eatonton's two proud centuries of history, culture, and religion.
  As Eatonton celebrates a great milestone in historic history, I 
applaud its historical accomplishments. I thank God for its prosperity, 
and I pray that He, God, will continue to bless this great American 
town.
  Madam Speaker, on another topic, today we did have a historic vote. I 
encourage our leaders on both sides to listen to Mr. William Isaac, the 
former Chairman of the FDIC. Democrats and Republicans alike have come 
to the floor and talked about his perspective solution to this problem 
we have in our credit crunch.
  There are other solutions. Congressman Jeb Hensarling introduced a 
bill, and I am proud to be a cosponsor of that bill. I'm sure my 
colleagues on the other side have other alternatives too that they 
would like to introduce.
  But I hope we will bring forward a simple bill that this House 
produces, as constitutionally we are supposed to, and then we won't let 
Mr. Paulson bully us, as he did, to demand his product that we just 
tweaked around the edges.
  Madam Speaker, this bill was a bad one, and that's the reason it went 
down in defeat. We were offered a little marshmallow of sweetness to 
put in the bill, but the bill itself was a cow patty with a marshmallow 
in the middle. And, Madam Speaker, I'm not going to eat this cow patty 
even though it has a marshmallow in the middle, and many other of our 
colleagues also refuse to eat it.
  We need to have a bill that's simple, that eliminates capital gains 
for 2 years, that cuts out the mark-to-market accounting that the SEC 
and Mr. Paulson demand, one that will give insurance to those banking 
institutions so that they can insure the securities that they have that 
are mortgaged based, and not have anything else.
  And I hope our leaders will bring forth a very simple bill that our 
colleagues on the Democratic side and my colleagues on the Republican 
side can put forward and that we can pass in the next few days that 
will solve this crisis that we have in America and bring us to 
financial security in this Nation, and I call upon our leaders to do 
so.

                          ____________________




                    SECRETARY PAULSON'S BAILOUT PLAN

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Oregon (Mr. DeFazio) is recognized for 5 minutes.
  Mr. DeFAZIO. Madam Speaker, just a week ago, Secretary Paulson sent 
an insult down to Congress, an insult to the American people, an insult 
to the Constitution, an insult ultimately to the economy of the United 
States. He sent down a bill that said, in 3 pages, give me $700 billion 
and suspend all the laws, and I will do with it as I see fit and I will 
fix this problem.
  Now, one problem with that is, of course, Mr. Paulson reigned as the 
head of Goldman Sachs while these financial weapons of mass destruction 
were being created, and he amassed tremendous wealth, taking a bonus of 
$39 million in 1 year, accumulating $750 million when he left Wall 
Street to go into public service. So people would say, oh, that's just 
Hank, he's a tough negotiator. That was an absurdity. And it's based on 
a premise that if the American tax borrows money, $700 billion, and we 
take their junk--some pundits called it ``cash for trash''--that 
somehow this would create liquidity on Wall Street and then from there 
it would ultimately trickle down to Main Street, to car loans to small 
businesses to student loans. I never believed that premise, and I think 
the House of Representatives rejected that premise today.
  We have, I think, credible alternatives before us. Mr. William Isaac, 
appointed by Jimmy Carter but reappointed by Ronald Reagan as head of 
the FDIC during the previous worst financial crisis in the United 
States, the savings and loan crisis, Mr. Isaac addressed a number of us 
in the skeptics caucus and a number of Republicans yesterday and others 
and said there's a regulatory way to get at this. There's a problem 
right now. A lot of the banks are actually in pretty good shape. In 
fact, a lot of these subprime assets, 75 percent of them, are still 
paying their bills. But they are basically being required to value them 
at zero right now because of an accounting rule. Change the accounting 
rule, he said, and suddenly a lot of banks that look like they're 
insolvent would not be insolvent and they would have money to lend. 
That would take care of the so-called liquidity crisis, the credit 
crisis that's out there. Further, he goes on with another technique 
that was used by him when he was head of the Federal Deposit Insurance 
Corporation to basically help the banks get through this period with an 
exchange of documents and a subordinate position on their fair value, 
not their fair market value when a market doesn't exist, on all their 
assets after bank examiners looked at it. He used that technique, and 
he solved a $100 billion problem with the potential of 3,000 banks 
going into receivership with the Federal Government, ultimately only at 
a cost of about $2 billion. That's a lot better than the Paulson plan, 
the Paulson premise. We should listen to Mr. Isaac and look at that 
approach as we revisit this issue.
  Further, if we were going to go down the Paulson path, and I don't 
want to, if we really felt we had to throw money at the top on Wall 
Street and buy their bad assets, then we shouldn't put the taxpayers on 
the hook. I proposed something this week and I was told the Street 
wouldn't like it. ``The Street wouldn't like it.'' The street is coming 
to us hat in hand. The Street moguls who hate government are on top of 
their mansion roofs crying for the government to come get them with a 
financial helicopter. ``The Street wouldn't like it.'' A \1/4\ of 1 
percent fee on every security transaction, something that we levied 
from 1914 through the Great Depression. In fact, Congress, over the 
objections of ``the Street,'' doubled the security transfer fee during 
the Great Depression, and we kept it until 1966 when it just lapsed in 
the beginning of this deregulatory era. That would raise $150 billion a 
year, more than enough for our regulatory institutions to engage in a 
very active form of assuring the liquidity of Wall Street firms, more 
than enough to pay for Mr. Paulson's misbegotten plan.
  And then there's another approach, a Democratic approach, used by 
another President, FDR, in the Great Depression. Instead of dumping 
money on the

[[Page 23379]]

failures on Wall Street, FDR said, I'm going to rebuild the economy 
from the bottom up. He invested in roads and bridges. He invested in 
hydroelectric systems, jobs, the WPA program. He put America back to 
work. And as they began to consume and the banks and everyone and small 
businesses did better, guess what. The wealth percolated up to Wall 
Street. Trickle down isn't working real well for average Americans day 
in, day out when you see the disparities in this country that are 
growing and growing and growing, and Democrats should not engage in 
financial trickle down, which is what Mr. Paulson proposed.
  So a simple regulatory approach paid for, if you are going to do the 
Paulson approach, by Wall Street itself; or, even better, something to 
solve the underlying parts of the problem with the economy, an FDR-type 
approach.

                          ____________________




  SAVE AMERICA'S UTILITY INFRASTRUCTURE AND SECURE AMERICA ACT OF 2008

  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. Madam Speaker, even as I stand here on the 
floor of the House, the residents of the gulf region, the gulf coasts 
of Louisiana and Texas, are still suffering from Hurricane Ike. We know 
as well that Hurricane Kyle has been making its way up the east coast. 
As we look back over the landscape this past year, we see the 
devastation of so much that has impacted our country through natural 
disasters--flooding, wind, hurricanes--and we realize that that is, by 
Mother Nature's way, something that will occur in this Nation on a 
regular basis.
  As a member of the Homeland Security Committee and a chairperson of 
the Transportation Security and Critical Infrastructure Committee, I 
introduce today Save America's Utility Infrastructure and Secure 
America Act of 2008, H.R. 7230. I do so with the hope that Americans 
will be better prepared, not necessarily the Americans in their homes 
but the utility companies who every day receive our payments for 
electricity and finding out in times of trouble they are not prepared.
  For example, the blackout of August, 2003, in the northeast, midwest, 
and adjoining parts of Canada highlighted the need for infrastructure 
operating improvements.
  As the chairperson of this committee, I believe that one of the ways 
of securing America and making America safe is to go throughout the 
Nation and address the questions of the sectors that predominately are 
controlled by the private community. Eighty-five percent of our 
critical infrastructure is controlled by the private community. By that 
they sense that they have sort of a pass. They don't have to invest in 
improving the infrastructure. So today I introduce this bill because I 
believe they do have to make a commitment to the rate payers to improve 
the infrastructure.
  For example, in our own State of Texas, our public utility commission 
instructed, recommended to our utility company in a heavily treed area 
like my city of Houston to prepluck the trees that would entangle 
themselves in the above-ground wires. They recommended to them, if you 
will, to substitute the wooden polls for steel polls. They recommended 
to them that they should, in fact, secure the transformers.

                              {time}  1530

  None of this was done. And they were quoted as saying, it is far more 
inexpensive to clean up after the fact than to do this work beforehand. 
So what do we have? What we had in Texas is a tragedy of hundreds and 
hundreds of people, maybe thousands, impacted negatively by the lack of 
electricity. People were on oxygen and dialysis in hospitals that were 
shut down, and the tragedy of a 14-year-old asthmatic boy who lost his 
life, among others.
  For me that is intolerable and unacceptable. If you want the benefit 
of doing business here in the United States, then you must do it well. 
So I have introduced this bill to subject those utilities who believe 
cavalierly that we don't have to do it, we want to keep the money in 
our pocket, to criminal penalties for those who don't develop 
vulnerable lists that will know where the hospitals and nursing homes 
are and where elderly persons and asthmatic persons live so that we can 
accept the fact that Mother Nature does not come with an appointment, 
but that we can be as prepared as we possibly can be. So this bill 
provides criminal penalties.
  As well, the bill requires the establishment of vulnerable lists and 
vulnerable neighborhoods so that we are well aware of what to do. And 
it also instructs the Department of Homeland Security to ensure that 
our infrastructure is meeting the standards that it should meet. This I 
believe is the way government corrects and reforms a system to make it 
work for the American people.
  Madam Speaker, today as a complement to my remarks, we looked to try 
and correct the market. We didn't quite get there. But certainly I want 
to express my appreciation for the hard work of the Democratic 
leadership. It is clear that our friends on the other side could not 
muster the support for their own administration. I believe however we 
can make this a better bill. We can make it a better bill by ensuring 
that homeowners are protected, by putting money into this bill that is 
particularly set aside for homeowners who may be going into 
foreclosure. And let it be totally disregarded that people were living 
above their means. Yes, there are hardworking Americans who saw the 
opportunity to improve their lives. But the banking institutions gave 
them the permission to do so. And don't put this on the backs of 
minorities. Hardworking minorities likewise are working to make their 
lives better. But it was the banking entities that gave them this, if 
you will, predatory loan.
  We can do better by making this bill better, working to ensure that 
there is no short selling by borrowing it, and we can as well bail out 
Main Street as we look to reform Wall Street.

                          ____________________




                              THE ECONOMY

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Tennessee (Mr. Cohen) is recognized for 5 minutes.
  Mr. COHEN. Madam Speaker, today would have been the end of the 110th 
Congress. It appears it won't be for we will be returning to work on 
the bill that failed to pass today. I am a first-year Member, Madam 
Speaker, as you well know. And this was probably the most important and 
most difficult vote that any of us had to cast.
  I came in today not knowing how I was going to vote. I listened to my 
constituents. I listened to economists. I listened to members of my 
party and members of the other party and tried to study on the issue. I 
ended up voting for the bill because I think it was the right thing to 
do for our country which I do believe, after reading Thomas Friedman 
and listening to others, is on the brink of an economic disaster.
  The fact is, we need action. This Congress should have acted in a 
bipartisan fashion to take action. It was difficult to vote for the 
bill, just like it's difficult sometimes to take medicine that doesn't 
taste good or to have the doctor give you a shot or to go through a 
medical procedure. Sometimes you need it when you're sick. You want to 
avoid it because you don't want the bad taste or the pain of the 
surgery or the shot, but you know it's going to do you good. To do 
things that would allow people who have caused us this problem, people 
on Wall Street and investment bankers who are living all too well, to 
have some of their bad debts taken from them and to give them some 
relief was difficult.
  But the bottom line is it affects everybody in America. It affects 
everybody's pension. It affects everybody's savings. It affects 
people's jobs. It affects the basic economic structure of our country. 
And to have capitalism and an economic system that works, you have got 
to have a financial system, an economic system which bankers are part 
of. And it has to be one that works.

[[Page 23380]]

  We're interrelated. We had banks in Europe close. Two British banks 
and a German bank closed yesterday. And Wachovia was taken over today. 
Other banks in America are in trouble. A banker whom I have confidence 
in and respect for called me and suggested that if this Congress didn't 
take action, that there would be runs on banks and bank failures. There 
would be conduct that would be reminiscent of the 1920s.
  On Saturday I had some time and I went out and visited the Franklin 
Roosevelt Memorial. And I looked at the sculptures of the people in 
lines, the people that were affected by the Depression and the quote 
from Franklin Roosevelt that is inscribed on those walls that said 
``The test of our progress is not whether we add to the abundance of 
those who have much. It is whether we provide enough to those who have 
little.
  And I thought about that and the failure of the Senate to pass the 
economic stimulus bill that we had passed here in this House to help 
people with food stamps, with Medicaid and with unemployment 
compensation that have already been affected, that while the bill we 
had today would have helped everybody, it would have most directly 
affected people who have much in abundance. And yet the Senate wasn't 
willing to help those who had too little. And I thought it ran counter 
to what Franklin Roosevelt spoke about.
  There was lots in the bill I didn't like. There were things that 
could have been better considering the judicial standards and courts 
having more authority and more oversight. There were things in the bill 
that could have helped people who are in their homes now with 
bankruptcy options for judges to allow people to remain in their homes. 
And those things weren't there.
  But on balance, I think we have to avert a disaster which I think we 
can be coming very close to experiencing. And I think the failure of 
this House to act in a bipartisan fashion, which it should have, is 
unfortunate for America.
  It was a difficult vote, but I'm proud to have cast it. I hope that 
when we come back, and we will on Thursday, that the Republicans will 
come with more votes. They didn't deliver the votes they were supposed 
to. I was proud of their leadership as well as I was with mine in 
trying to do something right for America on the last day of this 110th 
Congress.
  Madam Speaker, like you I'm very proud to be a Member of this 
Congress and to represent my country. I cast a vote that I know some 
people in my district might question because of the failures of the 
bill. But not to act would have been wrong. And on balance I felt like 
the right thing to do for our country to avert economic disaster was to 
vote for the bill. I hope we come back and have a better bill. Whether 
it is FDIC insurance going up to $200,000 or more, which I have 
recommended, whether it is part of the economic stimulus package being 
added to the bill, or options for bankruptcy judges to keep people in 
their homes, those are all ways that we can improve the bill. Hopefully 
we will improve it. And hopefully we will save our economy, the savings 
of our constituents and jobs of our constituents and keep America a 
strong and great country which I know it will be.
  Madam Speaker, God bless America.

                          ____________________




                       THE IRANIAN NUCLEAR THREAT

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 18, 2007, the gentleman from Arizona (Mr. Franks) is recognized 
for 60 minutes as the designee of the minority leader.
  Mr. FRANKS of Arizona. Madam Speaker, it has been a profoundly 
significant day in the House of Representatives. And I suppose one of 
the things I would like to say first, Madam Speaker, is that the world 
will go on. We have made a decision today, I believe, that will 
ultimately serve the United States well. I believe the economic 
challenges before us in this country are significant. I also believe 
that we should always prefer temporary failure at that which will 
ultimately succeed than temporary success at that which will ultimately 
fail. And I believe that market factors were put in place long before 
this President came into office that are ultimately responsible for the 
challenges that we face today. However, I also believe that we're going 
in the right direction.
  Senator John McCain empowered House Republicans in a very significant 
way a few days ago. And we made tremendous improvements, I believe, to 
move this toward a market-based bill that will call upon the private 
sector to capitalize the recovery of this economy. And I believe we're 
going in the right direction. And for those, Madam Speaker, that would 
question the commitment of this Government to make sure that we 
stabilize our economy, I would say to them, just wait. We will come up 
with something that will be far better than anything that we've 
discussed heretofore. And I believe that ultimately we will succeed and 
that America will be stronger and better for the fact that we have 
stepped back and chosen to regroup and come together to make an even 
better plan.
  Madam Speaker, tonight I come really not to talk about the economy. I 
come to talk about something that in my judgment can affect the 
economy, the national security, and each one of the citizens of this 
country, and even the freedom of the world in a very significant way. I 
would remind us that as we talk about economic challenges, we have to 
remember that we are talking about a $700 billion bill today, and yet 
remember that two airplanes hitting two buildings cost this economy $2 
trillion. September 11 certainly was more than just an attack on the 
Trade Center.
  But the fact is that it had a profound impact on our economy. And we 
need to understand that as we deal with the economic issues that plague 
this Nation, they have always been there. But so have issues of 
significant national security.
  And so tonight I want to address this body on something that I have 
wanted to address it for a long time. Because I believe that a nuclear 
Iran represents one of the greatest threats to peace facing the human 
family.
  So, Madam Speaker, let me begin first by saying that there are 
millions of innocent, freedom-loving citizens in Iran who are truly 
good and gentle people suffering under brutality and oppression. They 
long for true freedom and partnership with the international community. 
To them, I first want to say that America stands with you. To them I 
first also want to say that we long to see you become a true democratic 
ally in the Middle East that rejects the ideology of jihadist terrorism 
and upholds the protection of the innocent and equal human dignity. 
America will do everything in our power to hasten the day when Iran and 
its proxies will no longer threaten the world with nuclear jihad, and 
when we will have the privilege of walking together, I pray, Madam 
Speaker, in the sunlight of human freedom.
  And, Madam Speaker, almost exactly 3 years ago, I stood at this 
podium and called upon the United States to clearly define its position 
towards what is now the world's largest state sponsor of terrorism, the 
Islamic Republic of Iran is, in my judgment, the world's largest 
sponsor of state terrorism. And I called upon the IAEA to refer Iran to 
the Security Council at that time because I believed then, and I 
believe now, that Iran is systematically pursuing the development of 
nuclear weapons.
  At that time, while Iranian President Ahmadinejad had made very clear 
his intentions to pursue nuclear capability, to eradicate the nation of 
Israel and to offer material support to Hezbollah and other nonstate 
terrorist actors, the nation of Iran had not yet been referred to the 
United Nations Security Council.
  Since then, Iran has been the object of two U.N. resolutions that ban 
trade and freeze assets of Iran's nuclear and related entities. 
Beginning from August, 2006, Iran has blatantly ignored deadlines 
established by the International Atomic Energy Agency, or IAEA, and 
refused to comply with repeated Security Council deadlines to cease its 
uranium enrichment.

[[Page 23381]]

  Meanwhile, the lack of regard by the Government of Iran for innocent 
human life has continued to be horribly demonstrated in its own human 
rights violations that currently plague the entire nation that are 
causing the Iranian people to suffer. Ahmadinejad's tyrannical regime 
continues its brutal suppression of dissension by routinely employing 
torture, executions, kidnappings and arbitrary arrests and detentions.
  Despite claiming to desire peace, Iranian President Ahmadinejad has 
undermined every advancement toward peace and emerging democracy in the 
Middle East by actively supporting terrorist groups such as Hezbollah, 
Hamas, Shiite insurgents and militias in Iraq that are responsible for 
killing and maiming U.S. and Coalition forces and countless innocent 
citizens.
  Iran, Madam Speaker, has now catalyzed a nuclear arms race in the 
Middle East. Previously there was only one nuclear aspirant in the 
Middle East. That was Iran. Now there are ten.
  Now, Madam Speaker, the coincidence of jihadist terrorism and nuclear 
proliferation represents the greatest immediate threat to the peace of 
the human family in the world today. Iran, because of its ideology, 
represents a significant danger. The past 2 years have provided 
incontrovertible evidence of the conclusion reached in the March, 2006, 
``National Security Strategy'' report. Let me quote it verbatim, Madam 
Speaker.

                              {time}  1545

  ``The United States faces no greater threat to our future security 
from a single Nation than Iran.''
  Madam Speaker, let me for a moment speak to Iran's capacity to do 
this Nation harm. Iran's clandestine nuclear program has been in the 
works for nearly 20 years. As a member of the Nuclear Nonproliferation 
Treaty, Iran's radical regime has pursued a hidden nuclear program in 
flagrant violation of its treaty commitments and obligations. Their 
actions over the past 18 years are clearly directed toward building a 
nuclear weapons capability.
  Today, Iran is enriching uranium with approximately 3,000 centrifuges 
operating at its Natanz uranium enrichment facility. Madam Speaker, a 
total of 3,000 centrifuges is the commonly accepted figure for a 
nuclear enrichment program that is past the experimental stage and that 
can be used as a platform for a full industrial scale program capable 
of churning out enough enriched uranium and materials for the building 
of dozens of nuclear weapons.
  The Director of National Intelligence, Mike McConnell, concurred with 
Israeli intelligence reports earlier this year when he testified before 
the Senate Intelligence Committee. He stated that 3,000 centrifuges 
operating continuously would produce enough fissile material for a 
nuclear weapon in less than 2 years. In less than 2 years, Madam 
Speaker. Iranian leadership has now announced its intention of 
increasing its number of operational centrifuges from 3,000 to 9,000.
  Moreover, Madam Speaker, Iran is now beginning to manufacture its own 
centrifuge, the IR-2, which improves on the advanced P-2 centrifuge 
used to build Pakistan's nuclear arsenal and that are capable of 
producing enriched uranium two to three times faster than the older 
models. Iran says that it plans to move toward a large-scale uranium 
enrichment program that will ultimately involve 54,000 centrifuges.
  Madam Speaker, a few days ago, in comments prepared for delivery to 
the IAEA board members, the European Union warned the world that ``Iran 
is nearing the ability to arm a nuclear warhead.''
  Iran's President says its activities are intended for domestic energy 
production only. Let's examine that for a moment. Iran already 
possesses a wealth of its own natural gas, and that is the ideal fuel 
for generating electricity. Here in the United States, for instance, we 
have largely mastered nuclear power plant technology, but natural gas 
is still the overwhelmingly preferred fuel for our own electric power 
plants.
  So, Madam Speaker, how can the world believe that Iran is continuing 
enrichment of uranium for only peaceful purposes, when it would be far 
easier to utilize the wealth of natural gas it already has at its 
fingertips? It makes no sense whatsoever that Iran has gone to the 
expense of building a facility of 3,000 centrifuges to ostensibly 
enrich uranium for a nuclear power plant, when they could easily buy 
that fuel from Russia at a fraction of the cost. This is like building 
an entire factory to make a ham sandwich. And this is from an oil rich 
country that imports 40 percent of their gasoline, rather than building 
the refining capacity to refine it from their own oil.
  Madam Speaker, if Iran's uranium enrichment program is only for 
producing legal power plant fuel, why have they hidden it for 18 years?
  The IAEA had this to say: ``Iran is making an enormous investment in 
facilities to mine, process and enrich uranium, and it says it needs it 
to make it for its own reactor fuel because it cannot count on foreign 
supplies. But for at least the next decade, Iran will have at most one 
single nuclear power reactor. In addition, Iran does not have enough 
indigenous uranium resources to fuel even one reactor over its 
lifetime, though it has quite enough to make several nuclear bombs.''
  So we are being asked to believe that Iran is building uranium 
enrichment capacity to make fuel for reactors that do not exist from 
uranium Iran does not have.
  Iran is also conducting covert research on the technological 
requirements to build and deliver a nuclear weapon, including explosive 
tests and the ability to modify its Shahab-3 ballistic missile to 
accommodate a nuclear payload.
  The IAEA reports that Iran has already manufactured enough uranium 
hexafluoride to ultimately manufacture at least 20 nuclear bombs. Media 
reports suggest that Iran has built numerous underground facilities, 
including those at Natanz, and further it has been reported that Iran 
now has experimented with polonium.
  Madam Speaker, polonium is a radioactive isotope with only one 
principal use, and that is to trigger a nuclear explosion.
  All of this is incredibly disconcerting by itself. However, Madam 
Speaker, Iran is pursuing something even more ominous, something that 
should gain the immediate attention of every American and indeed every 
person in the civilized world.
  There is now strong reason to believe that Iran is pursuing a nuclear 
high altitude electromagnetic pulse weapon, or an EMP capability. An 
EMP attack on America would consist of a nuclear blast detonated at 
high attitude which would instantly generate an electromagnetic pulse 
over our homeland with devastating effect.
  Madam Speaker, I almost hesitate to lay out the grim scenario of a 
major electromagnetic pulse attack on our country, because it almost 
seems like science fiction and there is always the risk of being called 
an alarmist by those who cannot contemplate such a weapon in terrorist 
hands. But, Madam Speaker, I willingly take that risk, because I now 
have two little baby twins at home and I want to make sure that they 
and millions of the other children like them grow up and are able to 
walk in the sunlight of American freedom as I have. And, very simply, 
that may not happen if the Nation of Iran gains electromagnetic pulse 
weapons.
  Madam Speaker, Dr. William Graham, White House science advisor under 
President Ronald Reagan and current chairman of the Commission to 
Assess the Threat to the United States from Electromagnetic Pulse 
Attack, has now testified twice before the Armed Services Committee, of 
which I am a member.
  According to Dr. Graham, the electromagnetic pulse produced by 
weapons deployed with the intent to produce EMP have a high likelihood 
of damaging electrical power systems, electronics and information 
systems upon which American society depends. The effects on those 
critical infrastructures could qualify as catastrophic to the Nation, 
he says. While no one would die instantly, within days and

[[Page 23382]]

weeks, the ultimate impact on this Nation would be far more devastating 
than a nuclear blast in an American city.
  According to Dr. Graham, millions of people would begin dying within 
weeks. He says, ``People in hospitals would be dying faster than that, 
because they depend on power to stay alive. But then it would go to 
water, food, civil authority and emergency services, and we would end 
up with a country with many, many people not surviving the event.''
  He goes on to say, ``Most of the things we depend upon would be gone, 
and we would be literally depending upon our own assets and those we 
could reach by walking to them.''
  Then he was asked just how many Americans would die if Iran were to 
launch the EMP attack it appears to be preparing.
  Now, Madam Speaker, Iran is still a ways off, but I believe they are 
moving in that direction, and I want to make that very clear. Dr. 
Graham gave a chilling reply to the question. He said, ``I would have 
to say that 70 to 90 percent of the population would not be sustainable 
after this kind of attack.''
  Madam Speaker, could Ahmadinejad have been thinking about an EMP 
attack when he said ``a world without America is conceivable.''
  Experts say that a determined adversary can achieve an EMP attack 
capability without having a high level of sophistication. For example, 
an adversary would not have to have a long-range missile capability to 
conduct an EMP attack against the United States. Such an attack could 
be launched from a freighter off the U.S. coast using a short- or 
medium-range missile to loft a nuclear warhead to high altitude. 
Terrorists sponsored by a rogue state could execute such an attack 
without even revealing the identity of the perpetrators.
  Iran has practiced launching a mobile ballistic missile from a vessel 
in the Caspian Sea. Iran has also tested high-altitude explosions of 
the Shahab-3, a test mode consistent with EMP attack, and described the 
test as successful.
  Madam Speaker, Iran military writings explicitly discuss a nuclear 
EMP attack that would gravely harm the United States.
  According to Dr. Graham, Iran has also conducted a group of tests 
involving the Shahab-3 launches where they ``detonated the warhead near 
apogee; not over the target area where the thing could eventually land, 
but at altitude.'' And Graham also asked the question, why would they 
do that? Then he proceeded to answer his own question by saying, ``The 
only plausible explanation we can find is that the Iranians are 
figuring out how to launch a missile from a ship and get it up to 
altitude and then detonate it.''
  He said, ``That is exactly what you would do if you had a nuclear 
weapon on a Scud or Shahab-3 or other missile and you wanted to explode 
it over the United States.''
  Madam Speaker, I have just described the exact profile of a high-
altitude electromagnetic pulse weapon, and all Iran needs to activate 
such a weapon now is a nuclear warhead, which in this moment they are 
intensely pursuing.
  In my opinion, Madam Speaker, an electromagnetic pulse weapon is the 
most dangerous asymmetric terrorist weapon in the world today, and 
unless we understand what we are up against and respond, the Nation of 
Iran is poised in just a few short years to gain such a weapon.
  We must first prevent Iran from gaining nuclear weapons capability at 
all. We must also diligently develop a robust missile defense 
capability to deter and defend against such a cataclysmic danger.
  The next critically important step is for us to finish the European 
missile defense site in Poland and the Czech Republic to defend Europe, 
our foward-deployed troops and the United States homeland from Iranian 
nuclear weapons.
  Madam Speaker, as always, any credible threat is not only evaluated 
by the capacities that I have just explained, but whether the enemy 
also possesses the intent to inflict harm, and it is obvious to any 
reasonable observer that Iran is rapidly daily coming closer to gaining 
the capacity.
  So let me now speak to Iran's will and intent. The despotic regime 
now governing Iran has been explicitly clear in its intention and 
desire to see the destruction of the United States and the Nation of 
Israel wiped off the face of the Earth. Iranian President Ahmadinejad 
has stated that a world without Israel and the United States is 
possible.
  Earlier this year, Ahmadinejad took part in a military parade 
exhibiting troops, tanks, antiaircraft guns and the newly revealed 
Ghadr-1, Iran's newest long-range missile with a reported range of 
1,800 kilometers, which is capable of reaching Israel and vital U.S. 
bases throughout the Persian Gulf region. The parade featured a litany 
of slogans calling for ``death to America,'' ``death to Israel.''
  President Ahmadinejad said to America and to all the nations of the 
world really ultimately on Iranian television, ``And you, for your 
part, if you would like to have good relations with the Iranian nation 
in the future, recognize the Iranian nation's right, recognize the 
Iranian nation's greatness and bow down before the greatness of the 
Iranian nation and surrender. If you don't accept, the Iranian nation 
will later force you to bow down.''
  Ahmadinejad is just one really happy guy, Madam Speaker. But, 
unfortunately, he and those behind him are also unspeakably dangerous 
to the peace of the world. Do we trust such a man leading the world's 
most dangerous regime to have his finger on a button that could launch 
nuclear missiles targeting our children and families? And how do we 
intend to negotiate with a nuclear Iran, as Senator Obama has 
suggested, when their jihadist ideology considers Armageddon a good 
thing?
  Ahmadinejad himself has also promised to share nuclear know-how with 
other Islamic nations ``due to their need.''
  Madam Speaker, the Pentagon estimates that hundreds of U.S. and 
coalition soldiers have died, as many as three in four of our 
casualties in Iraq, as a result of Iran supplying terrorists in Iraq 
weapons such as highly sophisticated explosive form penetrators 
designed to destroy American armor and its vehicles. What possesses us 
to believe that they would not do the same with a nuclear weapons 
capability?
  The 9/11 Commission warned in its final record that al Qaeda has 
tried to acquire or make nuclear weapons for at least 10 years. 
According to the commission, al Qaeda leader Osama bin Laden's 
associates ``thought their leader was intent on carrying out a 
Hiroshima.'' In 1988, bin Laden called it ``a religious duty'' for al 
Qaeda to acquire nuclear weapons.
  Madam Speaker, if Iran gains nuclear capability, they will give it to 
terrorists the world over. No wonder the Nation of Israel is concerned. 
Ahmadinejad has said, ``Anybody who recognizes Israel will burn in the 
fire of the Islamic nation's fury.''
  He has consistently denied the existence of the Holocaust, calling it 
a myth or a fabrication.

                              {time}  1600

  He has repeatedly called for the destruction of the Jewish State and 
has also promised to ``wipe out Israel in a sea of fire.''
  I am speaking to the intent. A 50-kiloton warhead on an Iranian 
Shahab-3 missile would only be 12 minutes from Israel. In less than 15 
minutes Tel Aviv could be ashes. Israel would have only a 50/50 chance 
of knocking even just the first missile down.
  Israel has very few options and no margin for error. Iran is 
currently ruled by a regime that thinks it is a will of God to 
annihilate the Jewish state. Any responsible Jewish leader understands 
that a terrorist state like Iran that desires to see Israel erased from 
existence must not be allowed to obtain or develop nuclear weapons 
capabilities.
  For that reason, Israel has said it rejects to option to prevent Iran 
from obtaining nuclear weapons. A nuclear Iran is an existential threat 
to human peace and freedom everywhere, not just

[[Page 23383]]

Israel. The world is derelict to place Israel in the untenable position 
of having to act unilaterally to protect themselves and humanity from 
the threat that a nuclear Iran would present to the entire civilized 
world.
  Israel has been our truest friend and ally in the Middle East now for 
60 years. During that entire time it has faced unthinkable threats from 
enemies who would desire to see its absolute annihilation.
  Now, more than ever, the United States of America must stand with the 
Nation of Israel against the threat of a nuclear Iran and against those 
who would see our two nations and all those who love human freedom 
eradicated from the face of the Earth.
  Let me just remind all of us that the very first purpose of human 
government is to protect its people. As a member of the Armed Services 
Committee and the Strategic Forces Subcommittee, I received many 
briefings regarding Iran's nuclear ambitions, and now more than ever 
before, I am absolutely convinced that Iran is a growing threat to the 
stability of the world and to humanity itself. The recent anniversary 
of that tragic, horrific day that we all remember as 9/11 should also 
remind every one of us that we face a jihadist ideology that motivates 
terrorists to kill their own children for the sake of being able to 
kill ours.
  At the risk of sounding political, I, at the willing risk of sounding 
political, I am convinced that Barack Obama does not understand this 
mindset of terrorism. Terrorist organizations like Hezbollah, Hamas and 
the terrorist state of Iran have all openly endorsed and supported 
Barack Obama for President because they understand that he does not 
understand.
  Senator Obama has been quoted as saying, ``I don't agree with a 
missile defense system.'' He has suggested that we can cut the program 
by $10 billion, but, apparently, he doesn't seem to realize that the 
entire missile defense budget of the United States is only $9.6 
billion. He also does not seem to understand the unspeakable danger of 
allowing this country to be vulnerable to nuclear weapons in the hands 
of jihadist terrorists.
  Congressman John Dingell of this body, a supporter of Barack Obama, 
has said ``I don't take sides for or against Hezbollah, or for or 
against Israel.'' That kind of mindless, moral relativism, which 
deliberately ignores all truth and equates merciless terrorism with 
free nations defending themselves and their innocent citizens, is more 
dangerous to humanity than terrorism itself. It is proof that liberal 
Democrats like Barack Obama and John Dingell simply underestimate and 
misunderstand the enemy we face. They do not realize what the price to 
humanity, what it would be, if Islamist fascism, ideology, spreads 
unabated throughout the world. They do not understand the price it will 
exact from future generations.
  As much as I sincerely believe we should pursue diplomacy, 
negotiations, sanctions, political pressures and everything short of 
military action to prevent Iran from becoming a nuclear state, 
ultimately I believe only two things will prevent Iran from becoming a 
nuclear power. I believe that we need to consider this very carefully.
  I believe that those two things are either a direct military 
intervention on the part of the United States or someone else or the 
conviction in the mind of the Iranian leadership that military 
intervention will occur if they continue to develop nuclear weapons 
capabilities. Our greatest hope to prevent war with Iran is to make 
sure their leaders understand that America will respond militarily 
before we allow them to threaten the world with nuclear weapons.
  President Ronald Reagan gave an address in 1983, when the world faced 
a similar threat in the growing strength and nuclear ambition of the 
Soviet Union.
  He said; ``I urge you to be beware the temptation . . . to ignore the 
facts of history and the aggressive impulses of an evil empire, to 
simply call the arms race a giant misunderstanding and thereby remove 
yourself from the struggle between right and wrong and good and evil.''
  There were those in 1938 who would have deemed ambitions of Adolf 
Hitler and the Third Reich a giant misunderstanding. The free nations 
of the world once had opportunity to address the insidious rise of the 
Nazi ideology in its formative years when it could have been dispatched 
without great cost, but they delayed. The result was atomic bombs 
falling on cities and 50 million people dead worldwide, and the 
swastika shadow nearly plunging the planet into Cimmerian night.
  I think it's time that the world's free people resolve once and for 
all, for the sake of our own children, and for the children of the 
world and for all generations, that we of this generation will not 
stand by and watch a similar dark chapter of history be repeated.
  I actually believe that freedom will ultimately and beautifully 
prevail, but we must not rest until it does.

                          ____________________




                ADJOURNMENT TO THURSDAY, OCTOBER 2, 2008

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
when the House adjourns today, it adjourn to meet at noon on Thursday, 
October 2, 2008.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.

                          ____________________




                         SPECIAL ORDERS GRANTED

  By unanimous consent, permission to address the House, following the 
legislative program and any special orders heretofore entered, was 
granted to:
  (The following Members (at the request of Mr. Broun of Georgia) to 
revise and extend their remarks and include extraneous material:)
  Mr. Gohmert, for 5 minutes, today.
  Mr. Broun of Georgia, for 5 minutes, today.
  (The following Members (at their own request) to revise and extend 
their remarks and include extraneous material:)
  Ms. Kaptur, for 5 minutes, today.
  Mr. DeFazio, for 5 minutes, today.
  Ms. Jackson-Lee of Texas, for 5 minutes, today.
  Mr. Cohen, for 5 minutes, today.

                          ____________________




                         ENROLLED BILLS SIGNED

  Ms. Lorraine C. Miller, Clerk of the House, reported and found truly 
enrolled bills of the House of the following titles, which were 
thereupon signed by the Speaker:

       H.R. 3229. An act to require the Secretary of the Treasury 
     to mint coins in commemoration of the legacy of the United 
     States Army Infantry and the establishment of the National 
     Infantry Museum and Soldier Center.
       H.R. 5265. An act to amend the Public Health Service Act to 
     provide for research with respect to various forms of 
     muscular dystrophy, including Becker, congenital, distal, 
     Duchenne, Emery-Dreifuss facioscapulohumeral, limb-girdle, 
     myotonic, and oculopharyngeal, muscular dystrophies.
       H.R. 5872. An act to require the Secretary of the Treasury 
     to mint coins in commemoration of the centennial of the Boy 
     Scouts of America, and for other purposes.

                          ____________________




                              ADJOURNMENT

  Mr. SCOTT of Virginia. Madam Speaker, I move that the House do now 
adjourn.
  The motion was agreed to; accordingly (at 4 o'clock and 7 minutes 
p.m.), under its previous order, the House adjourned until Thursday, 
October 2, 2008, at noon.

                          ____________________




                     EXECUTIVE COMMUNICATIONS, ETC.

  Under clause 8 of rule XII, executive communications were taken from 
the Speaker's table and referred as follows:

       8956. A letter from the Program Analyst, Department of 
     Transportation, transmitting the Department's final rule -- 
     Airworthiness Directives; International Aero Engines AG (IAE) 
     V2500 Series Turbofan Engines [Docket No. FAA-2007-28058; 
     Directorate Identifier 2007-NE-08-AD; Amendment 39-15610; AD 
     2008-14-15] (RIN: 2120-AA64) received September 19, 2008, 
     pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Transportation and Infrastructure.
       8957. A letter from the Director, Office of Agency 
     Management and Budget, Department of Labor, transmitting the 
     Department's final rule -- Annual Report From

[[Page 23384]]

     Federal Contractors (RIN: 1293-AA12) received September 26, 
     2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 
     Veterans' Affairs.

                          ____________________




         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. OBERSTAR: Committee on Transportation and 
     Infrastructure. H.R. 2701. A bill to strengthen our Nation's 
     energy security and mitigate the effects of climate change by 
     promoting energy efficient transportation and public 
     buildings, creating incentives for the use of alternative 
     fuel vehicles and renewable energy, and ensuring sound water 
     resource and natural disaster preparedness planning, and for 
     other purposes; with an amendment (Rept. 110-904). Referred 
     to the Committee of the Whole House on the State of the 
     Union.

                          ____________________




                    TIME LIMITATION OF REFERRED BILL

  Pursuant to clause 2 of rule XII the following action was taken by 
the Speaker:

       H.R. 554. Referral to the Committees on Agriculture and the 
     Judiciary extended for a period ending not later than October 
     2, 2008.
       H.R. 948. Referral to the Committee on Ways and Means 
     extended for a period ending not later than October 2, 2008.
       H.R. 1717. Referral to the Committee on Energy and Commerce 
     extended for a period ending not later than October 2, 2008.
       H.R. 1746. Referral to the Committees on Foreign Affairs, 
     Oversight and Government Reform, and the Judiciary for a 
     period ending not later than October 2, 2008.
       H.R. 5577. Referral to the Committee on Energy and Commerce 
     extended for a period ending not later than October 2, 2008.
       H.R. 6357. Referral to the Committee on Ways and Means 
     extended for a period ending not later than October 2, 2008.
       H.R. 6598. Referral to the Committee on Agriculture 
     extended for a period ending not later than October 2, 2008.

                          ____________________




                      PUBLIC BILLS AND RESOLUTIONS

  Under clause 2 of rule XII, public bills and resolutions of the 
following titles were introduced and severally referred, as follows:

           By Mr. GEORGE MILLER of California (for himself and Mr. 
             Issa):
       H.R. 7216. A bill to amend section 3328 of title 5, United 
     States Code, relating to Selective Service registration; to 
     the Committee on Oversight and Government Reform. considered 
     and passed.
           By Mr. MOORE of Kansas (for himself and Mr. Duncan):
       H.R. 7217. A bill to amend title 40, United States Code, to 
     enhance authorities with regard to real property that has yet 
     to be reported excess, and for other purposes; to the 
     Committee on Oversight and Government Reform. considered and 
     passed.
           By Mr. THOMPSON of Mississippi:
       H.R. 7218. A bill to amend the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act to authorize funding for 
     emergency management performance grants to provide for 
     domestic preparedness and collective response to catastrophic 
     incidents, and for other purposes; to the Committee on 
     Transportation and Infrastructure, and in addition to the 
     Committee on Homeland Security, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. McHUGH (for himself, Mr. Arcuri, Mr. Kuhl of New 
             York, Mr. Walsh of New York, Mrs. Lowey, Mr. Allen, 
             Mr. Hinchey, Mrs. Gillibrand, Mrs. Maloney of New 
             York, and Mr. Towns):
       H.R. 7219. A bill to impose a moratorium on the 
     implementation of a Medicaid regulation related to the 
     outpatient clinic and hospital facility services definition 
     and upper payment limit; to the Committee on Energy and 
     Commerce.
           By Mr. RANGEL (for himself, Mr. McCrery, Mr. Levin, and 
             Mr. Herger):
       H.R. 7220. A bill to extend the Andean Trade Preference 
     Act, and for other purposes; to the Committee on Ways and 
     Means.
           By Ms. MOORE of Wisconsin (for herself, Mrs. Biggert, 
             Ms. Waters, Mr. Davis of Kentucky, Mr. Frank of 
             Massachusetts, Mrs. Capito, and Mr. Carson):
       H.R. 7221. A bill to amend the McKinney-Vento Homeless 
     Assistance Act to reauthorize the Act, and for other 
     purposes; to the Committee on Financial Services.
           By Mr. RANGEL (for himself, Mr. McCrery, Mr. Levin, and 
             Mr. Herger):
       H.R. 7222. A bill to extend the Andean Trade Preference 
     Act, and for other purposes; to the Committee on Ways and 
     Means. considered and passed.
           By Mr. HENSARLING (for himself, Mr. Pearce, Mrs. 
             Blackburn, Mr. Gohmert, Mr. Brady of Texas, Mr. 
             Doolittle, Mr. Gingrey, Mr. Jordan, Mrs. Bachmann, 
             Mr. Westmoreland, Mr. McCaul of Texas, Mrs. Schmidt, 
             Mr. Sessions, Mr. Conaway, Mr. Garrett of New Jersey, 
             Mr. Franks of Arizona, Mr. Burton of Indiana, Mr. 
             Flake, Mr. Aderholt, Mr. Price of Georgia, Mr. 
             Lamborn, Mr. Bishop of Utah, Mr. David Davis of 
             Tennessee, Mr. Broun of Georgia, Mr. Culberson, Mr. 
             Deal of Georgia, Mrs. Myrick, Mr. Kuhl of New York, 
             Ms. Foxx, Mr. McCotter, Mr. Manzullo, Mr. Marchant, 
             Mr. Carter, Mr. Barrett of South Carolina, Mr. Pitts, 
             Mr. Thornberry, Mr. Wilson of South Carolina, Mr. 
             Bartlett of Maryland, Mr. Radanovich, Mr. Pence, Mr. 
             Feeney, Mr. Kingston, Mr. Sullivan, Mrs. Musgrave, 
             Mr. McHenry, Mr. Akin, Mr. Sam Johnson of Texas, Mr. 
             Linder, Mr. Rehberg, Mr. Goodlatte, and Mr. Scalise):
       H.R. 7223. A bill to suspend the capital gains tax, 
     schedule the government-sponsored enterprises for 
     privatization, repeal the Humphrey-Hawkins Full Employment 
     Act, and suspend mark-to-market accounting requirements, and 
     for other purposes; to the Committee on Financial Services, 
     and in addition to the Committees on Ways and Means, the 
     Budget, Education and Labor, and Rules, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Mr. CANNON:
       H.R. 7224. A bill to amend title 18, United States Code, to 
     create an offense for misuse in communications of a 
     registered mark; to the Committee on the Judiciary.
           By Mr. LEWIS of Georgia (for himself, Mr. McGovern, Mr. 
             Stark, Ms. Bordallo, Mr. Filner, Ms. Schakowsky, and 
             Mr. Grijalva):
       H.R. 7225. A bill to establish a National Parents Corps 
     Program, and for other purposes; to the Committee on 
     Education and Labor.
           By Mr. SHADEGG (for himself, Mr. Kingston, Mr. Roskam, 
             Mr. Deal of Georgia, Mr. Fortenberry, Mr. Gingrey, 
             Mr. Westmoreland, Mrs. Bachmann, Mr. Sali, Mr. Weldon 
             of Florida, Mr. Gohmert, Ms. Foxx, Mrs. Drake, Mr. 
             Garrett of New Jersey, Mr. Sessions, Mr. Pearce, Mr. 
             Akin, Mr. Hoekstra, Mr. Rogers of Michigan, Mr. 
             Barrett of South Carolina, Mr. Flake, Mrs. Blackburn, 
             Mr. Brady of Texas, Mr. Carter, Mr. McCaul of Texas, 
             Mr. Tiberi, Ms. Ginny Brown-Waite of Florida, Mr. Sam 
             Johnson of Texas, Mr. King of Iowa, Mr. Manzullo, Mr. 
             Sensenbrenner, Mr. Feeney, Mrs. Biggert, and Mr. 
             Doolittle):
       H.R. 7226. A bill to direct the Federal Deposit Insurance 
     Corporation to create a ``net worth certificate'' program 
     along the lines of what Congress enacted in the 1980s for the 
     savings and loan industry; to the Committee on Financial 
     Services.
           By Mr. SCOTT of Virginia:
       H.R. 7227. A bill to encourage States to report to the 
     Attorney General certain information regarding the deaths of 
     individuals in the custody of law enforcement agencies, and 
     for other purposes; to the Committee on the Judiciary.
           By Mr. BARTLETT of Maryland:
       H.R. 7228. A bill to provide an unlimited amount of 
     insurance on accounts insured by the Federal Deposit 
     Insurance Act and to authorize the Secretary of the Treasury 
     to provide unlimited protection of principal in money market 
     funds through the Treasury's exchange stabilization fund; to 
     the Committee on Financial Services.
           By Mr. DAVIS of Illinois (for himself, Mr. Sires, Mr. 
             Jefferson, Mr. Ellison, Ms. Corrine Brown of Florida, 
             Mr. Towns, Mr. Stark, Mr. Grijalva, Mr. Conyers, Mr. 
             Wexler, Ms. Jackson-Lee of Texas, Mr. Scott of 
             Virginia, and Mr. Kucinich):
       H.R. 7229. A bill to amend title 31 of the United States 
     Code to require that Federal children's programs be 
     separately displayed and analyzed in the President's budget; 
     to the Committee on the Budget.
           By Ms. JACKSON-LEE of Texas:
       H.R. 7230. A bill to amend the Federal Power Act to provide 
     for enforcement, including criminal penalties, by the Federal 
     Energy Regulatory Commission of electric reliability 
     standards, and for other purposes; to the Committee on Energy 
     and Commerce, and in addition to the Committee on 
     Transportation and Infrastructure, for a period to be 
     subsequently determined by the Speaker, in each case for 
     consideration of such provisions as fall within the 
     jurisdiction of the committee concerned.
           By Ms. DeGETTE (for herself, Mr. Hinchey, and Mr. 
             Salazar):
       H.R. 7231. A bill to repeal the exemption for hydraulic 
     fracturing in the Safe Drinking Water Act, and for other 
     purposes; to the Committee on Energy and Commerce.

[[Page 23385]]


           By Mr. GOHMERT:
       H.R. 7232. A bill to reform the Federal Deposit Insurance 
     System, and for other purposes; to the Committee on Financial 
     Services.
           By Mrs. MALONEY of New York (for herself, Mr. George 
             Miller of California, Mr. McDermott, Mr. Hastings of 
             Florida, Mr. Al Green of Texas, and Ms. Jackson-Lee 
             of Texas):
       H.R. 7233. A bill to amend the Family and Medical Leave Act 
     of 1993 to allow employees to take, as additional leave, 
     parental involvement leave to participate in or attend their 
     children's and grandchildren's educational and 
     extracurricular activities and to clarify that leave may be 
     taken for routine family medical needs and to assist elderly 
     relatives, and for other purposes; 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 Mr. MILLER of North Carolina:
       H.R. 7234. A bill to increase research, the synthesis of 
     research findings, and the production of scientific 
     information on chemicals, and to expedite the listing of 
     information in the Integrated Risk Information System 
     maintained by the Office of Research and Development of the 
     Environmental Protection Agency; to the Committee on Energy 
     and Commerce.
           By Mr. SHAYS (for himself, Mr. Heller, Mr. DeFazio, Mr. 
             Shadegg, Mr. Pitts, Mr. Alexander, Mr. Nunes, Mr. 
             Dent, Mr. Reichert, Mr. Sullivan, and Mr. Wolf):
       H.R. 7235. A bill to amend the Federal Deposit Insurance 
     Act the amount of deposits insured under that Act; to the 
     Committee on Financial Services.
           By Ms. SHEA-PORTER (for herself, Mrs. Boyda of Kansas, 
             Mr. Weiner, Ms. Bean, and Mr. Ryan of Ohio):
       H.R. 7236. A bill to amend the Internal Revenue Code of 
     1986 to increase the deduction for business start-up 
     expenditures from $5,000 to $10,000; to the Committee on Ways 
     and Means.
           By Ms. SHEA-PORTER (for herself, Mrs. Boyda of Kansas, 
             Mr. Weiner, Ms. Bean, and Mr. Ryan of Ohio):
       H.R. 7237. A bill to amend the Internal Revenue Code of 
     1986 to repeal the phasedown of the credit percentage for the 
     dependent care credit; to the Committee on Ways and Means.
           By Mr. THOMPSON of California (for himself and Mr. 
             Herger):
       H.R. 7238. A bill to provide a tax credit for qualified 
     energy storage air conditioner property; to the Committee on 
     Ways and Means.
           By Mr. UDALL of Colorado:
       H.R. 7239. A bill to reduce gasoline prices, to lessen the 
     dependence of the United States on foreign oil, to strengthen 
     the economy of the United States, and for other purposes; to 
     the Committee on Energy and Commerce, and in addition to the 
     Committees on Agriculture, Ways and Means, Science and 
     Technology, Oversight and Government Reform, Transportation 
     and Infrastructure, and Natural Resources, 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. McGOVERN:
       H. Con. Res. 440. Concurrent resolution providing for an 
     adjournment or recess of the two Houses; considered and 
     agreed to.
           By Ms. ROS-LEHTINEN (for herself, Mr. Burton of 
             Indiana, Mr. Royce, Mr. Chabot, Mr. Fortuno, and Mr. 
             Pence):
       H. Con. Res. 441. Concurrent resolution recognizing the 
     threat that the spread of radical Islamist terrorism and 
     Iranian adventurism in Africa poses to the United States, our 
     allies, and interests; to the Committee on Foreign Affairs.
           By Ms. LEE:
       H. Res. 1520. A resolution commending the Kingdom of 
     Morocco for designating a ``National Women's Day'' to be 
     observed each year on October 10, and for other purposes; to 
     the Committee on Foreign Affairs.
           By Mr. GUTIERREZ (for himself, Ms. Schakowsky, Ms. 
             Moore of Wisconsin, Mr. Clay, Mr. Meeks of New York, 
             Ms. Linda T. Sanchez of California, Mr. Hinojosa, Ms. 
             Norton, Mr. Watt, Ms. Kaptur, Mr. Frank of 
             Massachusetts, Ms. Woolsey, Mr. Scott of Virginia, 
             Mr. Davis of Illinois, Mr. Johnson of Georgia, Mr. 
             Jackson of Illinois, and Mr. Kucinich):
       H. Res. 1521. A resolution honoring organizers for 
     promoting equality; to the Committee on the Judiciary.
           By Mr. SHAYS (for himself and Mr. Cohen):
       H. Res. 1522. A resolution honoring the life, achievements, 
     and contributions of Paul Newman; to the Committee on 
     Oversight and Government Reform.

                          ____________________




                          ADDITIONAL SPONSORS

  Under clause 7 of rule XII, sponsors were added to public bills and 
resolutions as follows:

       H.R. 154: Mr. Kucinich.
       H.R. 219: Mrs. Bachmann.
       H.R. 676: Ms. Edwards of Maryland.
       H.R. 882: Mr. Larson of Connecticut.
       H.R. 1029: Mr. Klein of Florida.
       H.R. 1038: Mr. Fattah.
       H.R. 1117: Mr. Serrano.
       H.R. 1174: Mr. Castle.
       H.R. 1246: Mrs. McCarthy of New York.
       H.R. 1280: Mr. Markey.
       H.R. 1322: Mr. Courtney.
       H.R. 1419: Mrs. Bachmann.
       H.R. 1422: Mr. Kucinich.
       H.R. 1524: Mr. Kucinich.
       H.R. 1552: Mr. Bachus and Mr. Tierney.
       H.R. 1576: Mr. Daniel E. Lungren of California and Mr. 
     Ruppersberger.
       H.R. 1629: Mr. Carnahan.
       H.R. 1767: Mr. Royce.
       H.R. 1801: Mr. Ramstad and Mr. Grijalva.
       H.R. 1820: Mrs. Biggert.
       H.R. 1958: Mr. Kildee.
       H.R. 2021: Mr. Langevin and Mr. Kucinich.
       H.R. 2032: Mr. Carnahan.
       H.R. 2108: Mr. Kucinich.
       H.R. 2131: Mr. Sarbanes.
       H.R. 2341: Mr. Mahoney of Florida, Mr. Walz of Minnesota, 
     and Mr. Kucinich.
       H.R. 2392: Ms. Baldwin.
       H.R. 2410: Mr. Scott of Georgia.
       H.R. 2526: Mr. Tim Murphy of Pennsylvania.
       H.R. 2677: Mr. Castle.
       H.R. 2712: Mr. Sali and Mr. Broun of Georgia.
       H.R. 3257: Mr. Kucinich.
       H.R. 3282: Mr. Hulshof.
       H.R. 3407: Ms. Shea-Porter and Mr. Sarbanes.
       H.R. 3423: Mr. Carnahan.
       H.R. 3438: Mr. Rothman.
       H.R. 3652: Mr. Kucinich.
       H.R. 3654: Mr. Fortenberry.
       H.R. 4107: Mr. Carnahan.
       H.R. 4138: Mr. Kucinich.
       H.R. 4295: Mr. Inglis of South Carolina.
       H.R. 4329: Mr. Kildee.
       H.R. 4789: Mr. Inslee.
       H.R. 5267: Mrs. Bachmann.
       H.R. 5268: Mr. Jackson of Illinois and Mr. Price of North 
     Carolina.
       H.R. 5447: Mr. Klein of Florida.
       H.R. 5448: Ms. Moore of Wisconsin.
       H.R. 5629: Mr. Dent and Mr. Holt.
       H.R. 5756: Mrs. Christensen.
       H.R. 5771: Mr. Goodlatte.
       H.R. 5774: Ms. Baldwin and Mr. Van Hollen.
       H.R. 5836: Mr. Sherman.
       H.R. 5874: Mr. Kucinich.
       H.R. 5901: Mr. Carson.
       H.R. 5923: Mr. Duncan.
       H.R. 5927: Mr. Kirk.
       H.R. 5942: Mr. Udall of New Mexico.
       H.R. 5954: Ms. Bordallo.
       H.R. 6066: Mr. Blumenauer and Mr. Kucinich.
       H.R. 6079: Mrs. Napolitano, Mrs. Maloney of New York, Mr. 
     Weiner, and Mr. Garrett of New Jersey.
       H.R. 6116: Mr. Kucinich.
       H.R. 6209: Mr. Kucinich.
       H.R. 6373: Mr. Goodlatte.
       H.R. 6407: Ms. Shea-Porter.
       H.R. 6461: Mr. Kucinich and Mr. Israel.
       H.R. 6496: Mr. Kucinich.
       H.R. 6518: Mr. Ellison.
       H.R. 6530: Mr. Neal of Massachusetts.
       H.R. 6559: Mr. Shays.
       H.R. 6569: Ms. Schakowsky and Mr. Markey.
       H.R. 6611: Mr. Brady of Pennsylvania.
       H.R. 6617: Ms. Zoe Lofgren of California.
       H.R. 6643: Mr. Shays, Mr. Hodes, Mr. Kucinich, and Mr. 
     Sherman.
       H.R. 6756: Mrs. Cubin, Mr. Walberg, and Mr. Jones of North 
     Carolina.
       H.R. 6791: Mr. Filner.
       H.R. 6792: Mrs. Lowey and Mr. Carnahan.
       H.R. 6826: Mr. Hodes.
       H.R. 6835: Mr. Frank of Massachusetts.
       H.R. 6854: Mr. Van Hollen.
       H.R. 6856: Ms. Shea-Porter.
       H.R. 6873: Mr. Lynch, Mr. Altmire, Mrs. Capito, Ms. 
     Schakowsky, Mr. Hodes, and Mr. Delahunt.
       H.R. 6905: Ms. Schakowsky.
       H.R. 6913: Mr. Kucinich.
       H.R. 6954: Mr. Carnahan.
       H.R. 6962: Mr. Gonzalez and Mr. McNulty.
       H.R. 6968: Mrs. Lowey and Mr. Carnahan.
       H.R. 6970: Mr. Moran of Kansas.
       H.R. 6977: Ms. Schakowsky.
       H.R. 6978: Ms. Roybal-Allard.
       H.R. 7021: Ms. Schakowsky.
       H.R. 7041: Mr. Brady of Pennsylvania and Mr. Tim Murphy of 
     Pennsylvania.
       H.R. 7050: Mr. Kucinich.
       H.R. 7079: Mr. Towns.
       H.R. 7094: Mrs. Bachmann, Mr. McCotter, Ms. Foxx, and Mr. 
     Feeney.
       H.R. 7113: Mr. Fattah.
       H.R. 7120: Mr. Burton of Indiana.
       H.R. 7124: Mr. McCotter and Mr. Herger.
       H.R. 7125: Ms. DeLauro and Mr. Grijalva.
       H.R. 7148: Mr. Marchant.
       H.R. 7149: Ms. Schakowsky and Mr. Michaud.
       H.R. 7152: Mr. McGovern.
       H.R. 7157: Mr. Cole of Oklahoma, Mr. Latta, Mr. Pallone, 
     and Mr. Butterfield.

[[Page 23386]]


       H. Con. Res. 397: Ms. DeLauro, Ms. Tsongas, Mrs. Lowey, and 
     Mr. Carnahan.
       H. Con. Res. 424: Mr. Meek of Florida, Mr. Thompson of 
     Mississippi, Mr. Cummings, Mr. Berman, Ms. Kilpatrick, and 
     Mr. Hastings of Florida.
       H. Con. Res. 427: Ms. Schakowsky, Mr. Grijalva, and Mr. 
     McDermott.
       H. Con. Res. 434: Mr. Souder.
       H. Res. 620: Mr. Tim Murphy of Pennsylvania.
       H. Res. 1017: Mr. Boren.
       H. Res. 1268: Mr. Grijalva, Mr. Sestak, Mr. Langevin, Mrs. 
     Davis of California, Mr. Larsen of Washington, Mr. Rothman, 
     and Mr. Miller of North Carolina.
       H. Res. 1328: Mr. Forbes and Mrs. Maloney of New York.
       H. Res. 1395: Mr. Doggett, Mr. Inslee, Mr. Gonzalez, Ms. 
     Bordallo, and Mr. Kucinich.
       H. Res. 1397: Ms. Baldwin.
       H. Res. 1462: Mr. Kucinich and Mr. Bishop of Georgia.
       H. Res. 1482: Mr. Walsh of New York.
       
       


[[Page 23387]]


                          EXTENSIONS OF REMARKS
                          ____________________


                          HONORING DEL MARTIN

                                 ______
                                 

                           HON. NANCY PELOSI

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Ms. PELOSI. Madam Speaker, on behalf of my colleagues in Congress, 
and with great personal sadness, I rise to pay tribute to a highly 
esteemed and loved community leader who died on August 27th. Del Martin 
was a remarkable woman, an eloquent organizer for civil rights and 
human dignity. Del helped create and shape the modem lesbian, gay, 
bisexual, and transgender and feminist movements. She was endowed with 
extraordinary courage, persistence, intelligence, humor, and grace. She 
refused to be silenced by fear and never stopped fighting for equality.
  Del Martin and her beloved partner, in work as in life, of 50 years, 
Phyllis Lyon were married at San Francisco City Hall on June 16, 2008. 
They were the first same-sex couple to wed in San Francisco after the 
California Superior Court's landmark decision to affirm marriage 
equality. This was Del Martin's, last public political act, and we 
would not have won marriage equality in California without their 
leadership and example.
  I have proudly talked about Del and Phyllis on two occasions on this 
House floor--first in 1996 as I spoke in strong opposition to the ill-
named Defense of Marriage Act, then 10 years later against the 
constitutional amendment to prohibit same-sex marriage. I told my 
colleagues about their love, happiness and commitment to each other 
which continue to be a source of strength and inspiration to all who 
know them. I asked my colleagues to explain how their relationship was 
a threat to anyone's marriage and why Del and Phyllis should not be 
treated equally under the law. I am grateful that they allowed me to 
share their personal history to show that these malicious and 
discriminatory measures were counter to the ideals of liberty, freedom, 
and equality for which this Nation stands.
  Del and Phyllis were pioneering activists for lesbian and gay rights 
and women's rights. They fought and triumphed in many battles and made 
history for the LGBT community in our city, our State and our Nation. 
In the 1950s, they cofounded the first national lesbian rights 
organization in the United States, the ``Daughters of Bilitis,'' long 
before the gay rights movement took hold. They published a monthly 
newsletter, The Ladder, and the book Lesbian/Woman which generated new 
media visibility and political engagement for the nascent gay rights 
movement. They co-founded the Alice B. Toklas Democratic Club, the 
first gay political club in the United States.
  Del Martin's publication of Battered Wives in 1976 was a watershed 
moment in the movement against domestic violence. She co-founded the 
Coalition for Justice for Battered Women, La Casa de las Madres, and 
the California Coalition against Domestic Violence. Lyon-Martin Health 
Services, the San Francisco clinic named for Del and Phyllis that 
provides quality health care to women and transgender people, will 
stand as a testament to their generous spirit and pioneering 
commitment.
  In 1995 Senator Dianne Feinstein and I named Del and Phyllis to the 
White House Conference on Aging where they advocated for LGBT people to 
be included explicitly in aging policies.
  I hope it is a comfort to Phyllis, their daughter Kendra Mon, and 
their grandchildren and vast extended family of friends that so many 
people mourn her loss and will hold Del in their hearts forever.

                          ____________________




        STATEMENT ON GAS PRICES AND ENERGY IN THE 14TH DISTRICT

                                 ______
                                 

                            HON. BILL FOSTER

                              of illinois

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. FOSTER. Madam Speaker, I am submitting this statement to record 
my strong and enthusiastic support for achieving independence from 
foreign oil, continuing our work in moving forward on comprehensive 
energy policy reform, and finding new alternatives to develop cheap, 
clean, and renewable energy. Recently, the House of Representatives 
passed a bipartisan, comprehensive energy bill, which I had the honor 
of supporting. But when it comes to providing more solutions to 
overcome our energy crisis, there is still much more to be done.
  Earlier this month, on Labor Day, I met with constituents from 
Illinois' 14th District at the DeKalb Oasis on Ronald Reagan Memorial 
Tollway to hear what they had to say about how gas prices and our 
current energy policy affected them.
  While passing the Passing the Comprehensive American Energy Security 
and Consumer Protection Act was an excellent first step, I firmly 
believe that we need more relief from high gas prices, and we need a 
comprehensive energy policy overhaul that provides solutions for the 
short, medium, and long term. As statements from my constituents show, 
I am not alone in this concern.
  Much of what I heard was familiar. They told me gas prices are too 
much and are spiraling out of control. They told me they are forced to 
make new, tough choices as consumers on groceries, transportation, and 
the other costs of daily life. They told me while they try to cut their 
spending, there is almost nothing left to cut. They told me that 
because of gas prices they have to work more at a second job, or the 
business that employs them can no longer do so because business costs 
are increasing as well.
  I am entering some of what I heard on Labor Day into the 
Congressional Record not because the testimony I heard is a surprise, 
but because it is a wake-up call. We need more bipartisan solutions, 
and need them now. We cannot afford to wait. I have repeatedly shown my 
support for solutions that increase supply, and decrease demand while 
also pursuing research and development of clean, affordable, 
alternative energy sources that would make our Nation energy 
independent. These are solutions I supported when I voted for the 
Comprehensive American Energy Security and Consumer Protection Act, and 
these are solutions I firmly believe we should continue to pursue.
  Here are some things I heard from constituent about how gas and 
energy prices are affecting them.
  ``How are gas prices affecting my family? Well, first of all I am an 
educator who could not afford to have a family, not even years ago . . 
. I have a full-time job, and I now have three part-time jobs so I can 
pay all my bills. I cut back on travel expenses, which is one expense I 
could control. I am working more hours at one of my part-time jobs. I 
never forgot lesson taught by President Carter--I keep my house in the 
60s during the winter and 80 degrees in the summer. I do everything I 
can to keep the house insulated in the summer and winter. I cut back on 
eating out and on food expenses in general, but not to the point of 
knowingly putting my health at risk by eating cheaper, but fatty 
foods.''--Kay, DeKalb, IL
  ``I actually have a car at home, well kind of I paid for half of the 
vehicle. My sister was driving it while I was here at school, and now 
that my sister has gone away to college my parents are just taking us 
off the insurance. They're just keeping the car in the garage,'' 
Amanda, of DeKalb, IL, explained to me.
  I asked her why she left her car unused. She said it was an expense 
she could not afford.
  ``My parents don't think I'd be able to maintain working and paying 
for the high prices of gas, but you know everything with having to 
maintain repairs, whatever need be but that gets really expensive so we 
just thought it would be better off not doing anything.''
  Amanda was not alone in finding that gas prices and college-related 
costs very limiting. Gas prices restricted her roommate's options in 
commuting as well as compounding other expenses like the cost of school 
and raising a family.
  ``It's just shopping and whatever, I would like to go home. NIU is 
nicknamed the suitcase school because so many kids just come for the 
week and then they go home, but I don't have the ability to do that, I 
can't go back and work all the time because everything is expensive,'' 
Hillary, DeKalb, IL, said.
  Hillary pointed out another common sentiment is not just the cost 
increase of gas

[[Page 23388]]

prices, but also the speed at which they increased.
  ``It's kind of a gradual thing of course; our economy being in the 
status that it is right now and with gas prices rising. It's like 
everything is happening at once,'' Hillary continued. ``My tuition has 
gone up and Northern was actually the only school I could afford, even 
though I'm a veteran. This is the only school that I could afford, and 
then on top of that, it's like tuition is rising. My mom is a single 
mom with a bunch of kids, with gas prices and everything--it's hard.''
  I am proud to submit the concerns of my constituents into the 
Congressional Record for all to see, hear, and recognize.

                          ____________________




              RECOGNIZING THE RIEGELSVILLE FIRE DEPARTMENT

                                 ______
                                 

                         HON. PATRICK J. MURPHY

                            of pennsylvania

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. PATRICK J. MURPHY of Pennsylvania. Madam Speaker, I rise today to 
honor the Riegelsville Fire Company for 110 years of distinguished 
service to the Riegelsville, Durham and Nockamixon communities. On 
September 27, 2008, they will not only be celebrating this anniversary, 
but also welcoming their newest fire engine, Engine 42-1.
  In 1898 the Phoenix Fire Company formed as a bucket brigade, named 
after the first piece of equipment they bought--a Phoenix Steam Pumper. 
Later in 1918 they changed the name and became incorporated as 
Community Fire Company #1.
  Today, 90 years later, they are still protecting the families in this 
community with the same honor and selfless service.
  Madam Speaker, I ask that you join me in recognizing the Riegelsville 
Fire Department for their 110 years of service to communities in Bucks 
County. I am honored to serve as their Congressman.

                          ____________________




                         IN HONOR OF JIM MANGIA

                                 ______
                                 

                        HON. DENNIS J. KUCINICH

                                of ohio

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. KUCINICH. Madam Speaker, I rise today in honor of Jim Mangia, 
distinguished philanthropist and entrepreneur, whose health centers 
have provided free medical, dental and mental health services to 
thousands of children and adults in Los Angeles for over forty years.
   Jim Mangia is the President and CEO of St. John's Well Child and 
Family Center (SJWCFC) and a leading expert on environmental health 
issues faced by economically disadvantaged communities in Los Angeles, 
California. He recently opened his eleventh non-profit health care 
clinic in downtown Los Angeles, forty years after opening his first 
clinic. St. John's Well Child and Family Centers have grown to a family 
of eleven non-profit health centers providing free health services to 
children and adults. Since the founding of the first St. John's Well 
Child and Family Center, his clinics have served over sixty-thousand 
patients a year. According to statistics provided by St. John's, more 
than ninety-seven percent of the patients who have visited the clinics 
live below the poverty level and almost half of all residents have no 
health insurance. Mr. Mangia has led the effort on discourse regarding 
environmental health and has co-authored an article outlining the 
effects of slum housing on children's health.
   Mr. Mangia's dedication to treating and raising awareness of 
environmental health issues reaches far beyond his leadership in 
SJWCFC. He has testified before Congress numerous times and works 
intimately with a number of local school boards to ensure that the 
health needs of children from economically disadvantaged communities 
are being met.
   Madam Speaker and colleagues, please join me in honor of Jim Mangia, 
and in recognition of his tireless efforts on behalf of communities of 
need. May his inspiration and genius be an example for all of us to 
follow. 3

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                           HON. DOC HASTINGS

                             of washington

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. HASTINGS of Washington. Madam Speaker, to provide open 
disclosure, I am submitting the following information for publication 
in the Congressional Record regarding a project that I support for 
inclusion in the National Defense Authorization Act for FY 2009.
  I believe funding to clean up the Hanford site in Washington State, 
and the Department of Energy's other Environmental Management sites 
across the country, is a fundamental federal obligation, not an earmark 
as it is labeled in this bill. However, because it has been so labeled 
in the Committee report, I voluntarily submit to the House an 
explanation and justification of this funding in an effort to provide 
as much public disclosure as possible on congressionally directed 
funding and earmarks. The $10 million programmatic increase provided 
for in the bill will be used for the Department of Energy's 
Environmental Management program at the Hanford Site in Fiscal Year 
2009. The entity to receive the funding is the U.S. Department of 
Energy located at 1000 Independence Avenue, S.W., Washington, DC 20585. 
The Federal Government has a legal and moral obligation to clean up the 
massive wastes and contamination it created at Hanford during the 
Manhattan Project, World War II and the Cold War. Funding to clean up 
Hanford is not a luxury sought by myself or my constituents, it is an 
essential responsibility of the United States government. The over 500-
square-mile Hanford site is the world's largest and most complex 
environmental cleanup project, and the Federal Government must keep its 
commitment to clean it up. No matching funds are required.

                          ____________________




                          EARMARK DECLARATION

                                 ______
                                 

                         HON. DANA ROHRABACHER

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. ROHRABACHER. Madam Speaker, pursuant to the Republican leadership 
standards on earmarks, I am submitting the following information for 
publication in the Congressional Record regarding earmarks I received 
as part of the House amendment to H.R. 2638, the ``Consolidated 
Security, Disaster Assistance, and Continuing Appropriations Act, 
2009.''
  Requesting Member: Dana Rohrabacher.
  Bill Number: H.R. 2638.
  Account: RDTE, Army.
  Legal Name of Requesting Entity: The Boeing Company.
  Address of Requesting Entity: PO Box 516, St. Louis, MO 63166.
  Description of Request: I requested $2,320,000 to allow the 
Department of Defense to test and certify the Precision Container 
Aerial Delivery System (PCADS). PCADS is a tool to apply existing 
military airdrop capabilities to extinguish wildfires. It consists of 
containerized water bladders that are compatible with all U.S. military 
cargo aircraft, thereby enabling all military cargo aircraft to serve 
as firefighters. This will vastly increase the number of aerial 
firefighting aircraft available to State and Federal fire fighting 
agencies. The water bladders are delivered at a safe altitude above the 
fire, and ripped open prior to striking the ground, thus delivering 
water, gel, or agent with maximum effect. This request is for the 
testing of the program and will be the last time funds are needed for 
testing.

                          ____________________




                     HONORING DEKLAN LOUIS KENNEDY

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Deklan Louis 
Kennedy of Blue Springs, Missouri. Deklan is a very special young man 
who has exemplified the finest qualities of citizenship and leadership 
by taking an active part in the Boy Scouts of America, Troop 1362, and 
earning the most prestigious award of Eagle Scout.
   Deklan has been very active with his troop, participating in many 
scout activities. Over the many years Deklan has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
   Madam Speaker, I proudly ask you to join me in commending Deklan 
Louis Kennedy for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

[[Page 23389]]



                          ____________________




     RECOGNIZING THE VALUABLE CONTRIBUTIONS OF NICARAGUAN-AMERICANS

                                 ______
                                 

                        HON. ILEANA ROS-LEHTINEN

                               of florida

                    in the house of representatives

                       Monday, September 29, 2008

  Ms. ROS-LEHTINEN. Madam Speaker, I rise to recognize and celebrate 
the contributions of our Nation's Nicaraguan-American population. The 
South Florida community that I represent is blessed to have many of 
these hard-working and talented individuals. Their contributions to our 
community's success and growth are a testament to their dedication and 
service.
  It is fitting that this recognition occurs in the month of September. 
The rapid growth of Nicaraguan immigrants started in September 1972 
following a devastating earthquake. The largest group of refugees 
arrived on our shores in September 1979 as they escaped the communist 
Sandinista regime.
  Out of this tragedy came the triumph of a people who were determined 
not be victims of circumstance. They took charge of their life and 
decided to make a better life for themselves and their children in our 
great country. They have contributed to the fabric of American society 
and helped strengthen the ties between both our nations.
  During the next Congressional session, I will be introducing a 
resolution to designate September as Nicaraguan-American Heritage 
month. It is a fitting tribute for a people who have truly realized 
their own American dream.

                          ____________________




                        HONORING VARTKESS BALIAN

                                 ______
                                 

                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. PALLONE. Madam Speaker, I rise today to honor the life of 
Vartkess Balian. Mr. Balian epitomized the life of a community leader. 
His contributions enriched the lives of countless Armenians and 
Armenian Americans. He will be remembered for his graciousness, 
compassion, and ingenuity.
  Vartkess Balian grew up in Beirut, Lebanon, in a family that taught 
him to value his Armenian ancestry. When he moved to the United States, 
he brought his love of being Armenian to his new home. Championing 
Armenian issues, Mr. Balian served in various leadership positions at 
the Armenian General Benevolent Union. Through his generosity and 
interest in enhancing the lives of Armenian youth, he and his wife, 
Rita Balian, spearheaded the AGBU's successful New York Summer Intern 
Program, giving hundreds of Armenian college students the opportunity 
for professional development and international experience in the United 
States.
  Mr. Balian also served as president of the Tekeyan Cultural 
Association. During this time he established the Vartkess and Rita 
Balian Press Award to foster excellence in the field of journalism by 
giving grants to promising correspondents. Dedicating himself to 
education, Mr. Balian helped found the Friends of Yerevan State 
University. This organization has raised millions of dollars to improve 
university facilities and provide for scholarship endowment funds.
  Madam Speaker, I sincerely hope that my colleagues will join me in 
celebrating the life of Vartkess Balian, and extending our sincere 
condolences and deep appreciation to Mrs. Rita Balian. Mr. Balian's 
efforts will continue to benefit and inspire Armenian youth and his 
many international colleagues and friends for years to come.

                          ____________________




                          PERSONAL EXPLANATION

                                 ______
                                 

                         HON. JAMES R. LANGEVIN

                            of rhode island

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. LANGEVIN. Madam Speaker, on the evening of September 28, 2008, I 
was unable to vote due to illness and missed three Rollcall Votes. Had 
I been present, I would have voted ``yea'' on Rollcall number 666, on 
ordering the previous question on H. Res. 1514; ``yea'' on Rollcall 
number 667, on agreeing to H. Res. 1514; and ``yea'' on Rollcall number 
668, on passage of S. 2840.
  Additionally, due to illness, I missed five Rollcall Votes on 
September 29, 2008. Had I been present, I would have voted ``yea'' on 
Rollcall 669, passage of S. 906; ``yea'' on Rollcall number 670, on 
ordering the previous question on H. Res. 1517; ``yea'' on Rollcall 
number 671 on agreeing to H. Res. 1517; ``yea'' on Rollcall number 672 
on agreeing to H. Con. Res. 440; and ``nay'' on Rollcall number 673 on 
the motion to adjourn.

                          ____________________




                   TRIBUTE TO MR. LARRY M. WADE, SR.

                                 ______
                                 

                          HON. JOHN P. MURTHA

                            of pennsylvania

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. MURTHA. Madam Speaker, I rise today in honor of Mr. Larry M. 
Wade, Sr., a distinguished individual who recently became the State 
Commander for the Veterans of Foreign Wars, VFW, Department of 
Pennsylvania. As State Commander, he is responsible for Pennsylvania's 
29 districts and over 550 posts. He works with Pennsylvania's line 
officers to ensure the operations and programs of the Veterans of 
Foreign Wars Department of Pennsylvania. He also represents 
Pennsylvania's V.F.W. on a national level and serves on a number of 
commissions working tirelessly on behalf of our Nation's veterans. Mr. 
Wade has also served his country honorably in the United States Navy, 
where he served three tours of duty in Vietnam.
  Madam Speaker, Mr. Wade started working in the V.F.W. Post 7377 in 
Sankertown, Pennsylvania, where he still lives with his wife Debra. As 
Post Commander, he was honored as an All-State Commander for five 
consecutive years. Furthermore, he was previously honored as the 
Cambria County Veteran of the Year. In addition to holding positions at 
the post level, Mr. Wade has also held office at the county, district, 
and State levels. Before being named the State Commander, he held the 
positions of Department Senior Vice Commander, Department Junior Vice 
Commander, and Community Activities Chairman.
  Madam Speaker, the Veterans of Foreign Wars is a strong advocate on 
behalf of our Nation's veterans and is particularly strong in 
Pennsylvania. Mr. Wade's leadership will help to ensure that the V.F.W. 
will continue in its central mission. I wish to conclude my remarks by 
congratulating Mr. Wade on his outstanding accomplishment.

                          ____________________




   HONORING THE 11TH ANNIVERSARY OF THE INSTITUTE FOR BEHAVIOR CHANGE

                                 ______
                                 

                            HON. JIM GERLACH

                            of pennsylvania

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. GERLACH. Madam Speaker, I rise today to recognize the 11th 
Anniversary of a professional organization dedicated to improving the 
lives of adolescents in Southeastern Pennsylvania with autism and other 
developmental disabilities.
   The Institute for Behavior Change of Coatesville, Chester County was 
founded in 1997 by Dr. Steven Kosor, a licensed psychologist and 
certified school psychologist. Dr. Kosor's vision was an Institute that 
would recruit and train those providing quality in-school and in-home 
psychological treatment and behavioral support to children.
   Since the Institute's inception, its dedicated staff has served more 
than 500 children throughout Philadelphia and the surrounding Chester, 
Delaware and Montgomery Counties.
   The Institute will commemorate its 11th Anniversary during a 
conference at the Eden Resort in Lancaster, Pennsylvania on November 
21, 2008.
   Madam Speaker, I ask that my colleagues join me today in celebrating 
this special milestone for The Institute for Behavior Change and 
thanking the staff for its outstanding professionalism and commitment 
to helping youth with developmental disabilities fulfill their maximum 
potential.

                          ____________________




  RECOGNIZING COUNTY SUPERVISOR TIM SMITH OF SONOMA COUNTY, CALIFORNIA

                                 ______
                                 

                           HON. MIKE THOMPSON

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. THOMPSON of California. Madam Speaker, I rise today along with my 
colleague, Congresswoman Lynn Woolsey, to recognize and honor Tim 
Smith, who is retiring after serving for 20 years on the Sonoma County 
Board of Supervisors. Upon his retirement, Supervisor Smith will have 
earned the distinction of being the longest continuously serving 
supervisor in the county's history.

[[Page 23390]]

  Supervisor Smith began his service to our country as a Navy radioman 
in Vietnam. When he returned from Vietnam, he attended Sonoma State 
University, where he graduated with a B.A. in Political Science in 
1976.
  Shortly thereafter, he joined the staff of State Assemblyman Doug 
Bosco and continued as his district director when the Assemblyman was 
elected to the U.S. House of Representatives.
  Supervisor Smith was elected to the Board in 1988. As Supervisor, he 
provided constituent services to 95,000 people in the Third District. 
The Board also sets the policy direction for the $700 million annual 
budget and 3,500 county employees, works extensively with the 
legislative delegation on legislative and regulatory issues and serves 
on many regional and local agencies, commissions and boards.
  Just a few of these agencies, commissions and boards include the 
Sonoma County Agricultural Preservation and Open Space District, the 
National Association of Counties, the California Association of 
Counties, the Association of Bay Area Governments, the Sonoma County 
Community Development Commission and the Bay Area Air Quality 
Management District.
  In his spare time, he has been a volunteer, advocate or fundraiser 
for many non-profit organizations, including the Volunteer Center, 
United Way, Day of Caring, the Hate Free Community Project, the Valley 
of the Moon Children's Home, the Heart Association and the Sonoma 
County Climate Protection Campaign.
  Supervisor Smith intends to spend his well earned leisure time 
traveling with his wife, Suzanne, enjoying his hobbies of golf and fly 
fishing, and spending more time with his 3 children and 5 
grandchildren.
  Madam Speaker, Supervisor Smith leaves a distinguished record of 
public service and a lasting reputation as a problem solver who always 
had the best interests of the people of Sonoma County in mind as he 
worked on their behalf. We will miss our partnership with him but know 
he will continue to be a strong advocate for his community. It is 
appropriate that we honor and acknowledge him today for his lifetime of 
public service.

                          ____________________




                    HONORING GARRETT ELLSWORTH MOORE

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Garrett 
Ellsworth Moore of Kansas City, Missouri. Garrett is a very special 
young man who has exemplified the finest qualities of citizenship and 
leadership by taking an active part in the Boy Scouts of America, Troop 
1378, and earning the most prestigious award of Eagle Scout.
   Garrett has been very active with his troop, participating in many 
scout activities. Over the many years Garrett has been involved with 
scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
   Madam Speaker, I proudly ask you to join me in commending Garrett 
Ellsworth Moore for his accomplishments with the Boy Scouts of America 
and for his efforts put forth in achieving the highest distinction of 
Eagle Scout.

                          ____________________




                HONORING THE NELSON FAMILY OF COMPANIES

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Ms. WOOLSEY. Madam Speaker, I rise today along with my colleague, 
Congressman Mike Thompson to recognize and honor the Nelson Family of 
Companies, which has been selected as the Business of the Year by the 
Sonoma Valley Chamber of Commerce.
  The Nelson Family of Companies is an independently owned group of 
businesses that provide a wide variety of full-time and contract-
staffing services as well as software and support services designed to 
facilitate workforce management.
  The first of the ``Nelson Companies'' opened in 1970 in San Rafael. 
In 1989 a corporate office was established in Sonoma. The companies 
currently employ more than 300 people in 25 offices throughout northern 
California.
  In addition to being a major employer itself in Sonoma and providing 
support services to other local businesses, the Nelson family has been 
an active participant in community organizations and events. Primary 
beneficiaries have been the Hanna Boys Center and Sonoma Valley 
Hospital. The companies have also been sponsors or supporters of the 
Sonoma Jazz Festival, the Charles Schwab Cup Champion's Tour event at 
Sonoma Golf Club, the Sonoma Wine Harvest Auction and Festival, the 
American Red Cross, the American Heart Association annual walk, the 
Blood Bank of the Redwoods annual blood drive, the Valley of the Moon 
Boys & Girls Club and the Valley of the Moon Teen Center and the Sonoma 
Valley Mentoring Alliance.
  Madam Speaker, local businesses in the small communities throughout 
our two Congressional districts are much more than employers. They are 
the backbone of a support system for projects, non-profit organizations 
and civic events that would not be successful without their 
involvement. No organization better exemplifies this commitment than 
the Nelson Family of Companies. It is therefore appropriate for us to 
honor Chairman Gary D. Nelson and his leadership team and employees, 
both past and present, for their great work throughout the years.

                          ____________________




  HONORING RICHARD LACOSSE ON HIS INDUCTION INTO THE UPPER PENINSULA 
                           LABOR HALL OF FAME

                                 ______
                                 

                            HON. BART STUPAK

                              of michigan

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. STUPAK. Madam Speaker, I rise to recognize Richard (Dick) LaCosse 
on his induction into Upper Peninsula Labor Hall of Fame. A resident of 
Escanaba, Michigan, Mr. LaCosse will be honored at the U.P. Labor Hall 
of Fame Induction Banquet on October 11, 2008. I ask that you, Madam 
Speaker, and the entire U.S. House of Representatives, join me in 
honoring Mr. LaCosse on this momentous occasion.
  Richard LaCosse began his career in 1969 when he went to work at Mead 
Paper in Escanaba, Michigan. He joined United Paperworkers 
International Union, UPIU, Local 110, which is now United Steelworkers, 
USW, Local 2-21. Dick LaCosse quickly became actively involved in his 
local union and soon became a shop steward. He was appointed to the 
position of Chief Steward and vice president in June 1978 and was 
elected president of the local union in January 1981. In August 1983, 
he was appointed to the position of international representative.
  During his 25 years with the International Union he served at one 
time or another as: a member of the Delta County Trades and Labor 
Council; member of the Board of Directors of the Upper Peninsula Labor/
Management Council, including a term as its president; chairman of the 
Niagara of Wisconsin Jointly Trusted Pension Plan; trustee of PACE 
International Union's Pension Plan; member of the Board of Directors of 
the Upper Peninsula Private Industry Council; treasurer of the Upper 
Peninsula Safety Council; member of the Governor's Task Force on 
Education; member of Michigan's School to Work Committee; member of the 
Delta/Schoolcraft Education Advisory Development Board; member of the 
UPIU/Scott Paper Joint Advisory Committee; steward of the 
Representatives and Organizers Union; member of the Advisory Planning 
Committee of Northern Michigan University's Labor Education Division; 
planning commissioner for the city of Escanaba; member of the Delta 
County Economic Development Alliance Board; member of the USW/SCA Joint 
Advisory Committee; executive board member of the Michigan and 
Wisconsin State AFL-CIO. Mr. LaCosse has also been a guest instructor 
on labor issues at Northern Michigan University, Bay de Noc Community 
College and several area high schools.
  In 2003, at the first convention of PACE International Union, Mr. 
LaCosse was elected vice president and regional director of Region 10, 
which was the largest region in PACE. In 2005, PACE International Union 
merged with the United Steelworkers of America to become the USW 
International Union, the largest industrial union in the nation. On 
March 1, 2006, he was installed as international vice president with 
responsibility for national paper bargaining in the newly merged union. 
Mr. LaCosse retired from the USW on March 1, 2008.
  Madam Speaker, Richard LaCosse has spent a career advocating for the 
rights of his colleagues. Dick's years of service have no doubt made an 
impact on countless workers across the country. I ask that you and the 
entire U.S. House of Representatives join me in honoring and thanking 
Richard LaCosse as he received a well-deserved induction into the Upper 
Peninsula Labor Hall of Fame.

[[Page 23391]]



                          ____________________




                  ECONOMIC INTEGRATION OF THE MAGHREB

                                 ______
                                 

                           HON. BRAD SHERMAN

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. SHERMAN. Madam Speaker, I am placing in the record today the 
summary of an exceptionally important study on improving the global and 
regional economic immigration of the Maghreb.
  This study was a collaborative effort of Ambassador Start Eizenstat 
and Dr. Cary Clyde Hufbauer. It highlights the critical importance of 
U.S. involvement in building a prosperous and stable Maghreb.
  A draft of the full report is posted on-line by the Peterson 
Institute for International Economics at www.iie.com.

 Prospects for Greater Global and Regional Integration in the Maghreb: 
     Recommendations from the Peterson Institute, IFPRI, and IEMED

       On May 29, 2008, the Peterson Institute for International 
     Economics held an event to announce the results of a number 
     of studies that examine, from both a macroeconomic and 
     sectoral perspective, the barriers to and potential benefits 
     of economic integration among the countries of the Maghreb, 
     as well as between the region and the broader world economy. 
     The two macroeconomic studies were performed by the Peterson 
     Institute and the International Food Policy Research 
     Institute (``IFPRI''). The sectoral studies were performed by 
     the European Institute for the Mediterranean (``IEMED''). A 
     final Report will be published in October 2008.
       The studies generally show that integration among the 
     countries of the region would yield increased trade and 
     investment. Greater increases in trade and investment, 
     however, would come from such regional integration combined 
     with stronger links between the region and the global 
     economy. The studies also demonstrate the importance of 
     reducing non-tariff barriers to trade and investment, as well 
     as the pursuit of regulatory harmonization to create a more 
     positive investment climate. Finally, the experts from the 
     three institutes who presented their findings offered 
     specific policy recommendations for the United States and 
     European Union, as well as sector-specific recommendations 
     for the regional economy.


      Recommendations for the United States and the European Union

       The core objective of closer ties between the United 
     States, European Union, and the Maghreb is to transform the 
     Maghreb economies, including by encouraging new industries 
     and services, new jobs, and increased rates of growth. The 
     United States and European Union should work with the Maghreb 
     countries to enhance integration through bilateral trade or 
     investment agreements or in companion agreements.
       Aid for Technical Assistance and Capacity Building: The 
     United States and European Union can help improve the 
     business climate in the Maghreb by assisting with the 
     acceleration of reforms. Such aid could encourage the 
     harmonization of investment and regulatory regimes throughout 
     the region to the highest standards provided for in bilateral 
     trade agreements, promote sector-specific investment and 
     regulatory reforms, assist in the development of 
     transnational networks for transportation and energy 
     infrastructure, and provide the best technology for ensuring 
     that cross-border shipments can be processed efficiently and 
     securely.
       Tariffs: The United States and European Union could work 
     with their Maghreb partners to negotiate lower tariffs, or no 
     tariffs, on selected products imported from other Maghreb 
     countries.
       Rules of Origin: In the European Union's Euro-Med 
     Partnership, Algeria, Morocco, and Tunisia apply full 
     cumulation between themselves and diagonal cumulation with 
     the other pan-European countries. This approach could be 
     extended to Libya and Mauritania. The United States and its 
     Maghreb partners, building on the U.S.-Morocco free trade 
     agreement, could negotiate agreements similar to the 
     Qualified Industrial Zone (``QIZ'') program with Jordan and 
     Egypt or allow for the cumulation of inputs across the 
     Maghreb.
       Encouraging Sectoral Cooperation: The United States and the 
     European Union could focus on how they can best stimulate 
     regional cooperation at the sectoral level. Possible areas 
     for collaboration with the countries of the Maghreb are 
     highlighted below.


                        Sectoral Recommendations

       The countries of the region, with the support of the United 
     States and European Union, should work together to increase 
     intraregional integration in the major sectors of the 
     regional economy, which include energy, banking, 
     transportation, and agriculture and food.
       Energy: It is not clear whether each Maghreb country will 
     be able to mobilize, on its own, the necessary means to meet 
     increased energy demands that will accompany increased 
     regional population and economic growth. Consequently, a 
     regional response is necessary. First, the flow of energy 
     through the region is critical. For example, electricity 
     constraints could be dealt with by optimizing the 
     exploitation of electric interconnections that already exist 
     between countries. Second, sustainable development should be 
     favored to limit environmental constraints and to strengthen 
     energy supply, for example by implementing renewable energy 
     industries such as wind and solar. Finally, a global action 
     plan could seek collaborative efforts on power generation, 
     refining, transportation and distribution, and chemical 
     manufacturing by creating global companies to gain access to 
     European, U.S., and other markets.
       Banking: The regional banking sector presents notable 
     contrasts, with some countries possessing modern banking 
     systems, while those of others have regressed since the 
     1960s. Regional banks are not necessarily relied upon to 
     properly manage assets, which results in a loss of capital 
     from the region. Banks are over-liquid, and credit is not 
     readily available. In short, capital is not mobilized for 
     development. A regional financial institution could transform 
     unused liquidity into long-term financial instruments for 
     saving and investment. Such an institution could build upon 
     the future privatization of the Algerian banking system to 
     create two regional banks with shareholding in all countries 
     of the region, a mandate to encourage intraregional 
     transactions, and a mandate to ensure currency 
     convertibility.
       Transportation: The countries of the region inherited an 
     institutional framework that regulated transportation 
     infrastructure based on the French model that de-emphasized 
     competition. The failures of that model became apparent in 
     the 1980s. Although Maghreb countries were slow to treat 
     logistics as a strategic means of competitive leverage, 
     monopolies have now been dismantled, and competition 
     prevails. Morocco has an open skies agreement with Europe, 
     and Royal Air Moroc has a strong network in West Africa. The 
     first harbor ready to receive ultra-large carriers opened in 
     Tangiers in 2007. Because the value of transportation 
     infrastructure, including these projects, depends on the 
     extent of the network, the Morocco-Algeria border desperately 
     needs to be reopened. National networks currently end in cul 
     de sacs, and duplicate infrastructure--for example the ports 
     of Nador and Ghazaouet on either side of the border Morocco-
     Algeria border--has been developed. Both are examples of 
     substantial inefficiency.
       Agriculture and Food: The countries of the Maghreb are 
     close in distance, are close in agricultural production, 
     share similar patterns of consumption, and share problems 
     including aridity, water scarcity, and volatility in 
     agricultural GDP. Despite these similarities, there are 
     substantial differences among the countries in agricultural 
     and food policies, in terms of subsidies, norms, and 
     enforcement.. Regional similarities in this sector allow for 
     economies of scale, the potential for vertical integration, 
     risk-sharing for ``discovering'' new markets and new 
     products, regulatory harmonization to increase quality and 
     decrease smuggling, and collective responses to the need for 
     resource conservation.

                          ____________________




                        HONORING MARIAN LONNING

                                 ______
                                 

                         HON. KENNY C. HULSHOF

                              of missouri

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. HULSHOF. Madam Speaker, I rise today to honor Marian Lonning, a 
special woman who has devoted her time, talents, and life to 
individuals with developmental disabilities. Mrs. Lonning, a proud 
parent, grandparent, and great-grandparent, will soon be recognized by 
Community Living for her tireless efforts to improve services for 
people with disabilities. I want to associate myself with the 
recognition provided by Community Living.
  Community Living, a not-for-profit agency in St. Charles County 
providing life-enriching services for people with disabilities, will 
present the award to Mrs. Lonning on October 18, 2008, at the 
organization's annual Legacy Ball. The Legacy Award is presented to an 
individual whose outstanding service to people with disabilities and 
the community as a whole leaves a lasting legacy for generations to 
come.
  Before coming to Missouri, Mrs. Lonning worked with people with 
developmental disabilities as a nurse and teacher. She and her husband, 
James, moved to St. Charles County in July 1968 from Kalamazoo, MI, and 
we are lucky to have her.
  In February 1969, Mrs. Lonning opened a Day Activity Center for 
children with developmental disabilities in the basement of Boonslick 
Christian Church in St. Charles. She had been approached by Jane Crider 
about starting a day program for children with severe developmental 
disabilities who were unable to pass the test for Boonslick State 
School. With the help of an assistant, Mrs. Lonning ran the center 3 
days per week, serving 8 to 10 children.

[[Page 23392]]

  In 1974, the Day Activity Center transitioned to providing services 
for adults after Section 504 of the Rehabilitation Act of 1973 passed 
and children at the center were able to go to school. Additionally, 
Mrs. Lonning started the Day Activity Center Auxiliary, a support group 
for the parents of the center's participants, which still exists today.
  Mrs. Lonning served on the Senate Bill 40 Committee to help approve a 
countrywide property tax to provide and fund services for people with 
development disabilities. In 1977, the committee's efforts proved 
successful when the tax passed. Because of the Senate Bill 40's 
passage, the Day Activity Center was able to expand and was later taken 
under the wings of Community Living, Inc., when it was incorporated in 
1978.
  The center eventually began providing service 5 days per week and 
hired more staff, including special education teachers. In 1980, a 
second center was opened in O'Fallon.
  Mrs. Lonning served as Director of the Day Activity Centers, now 
known as Support Services for Adults (SSA), until her retirement in 
1989.
  In her retirement, Mrs. Lonning has remained active in championing 
those with disabilities, serving for 3 years on the Handicapped 
Facilities Board, now the Developmental Disabilities Resource Board, 
the entity that was created as a result of the Senate Bill 40 tax. She 
also served for three terms on Community Living's Board of Directors, 
serving as president, vice president, secretary, and as an executive 
committee member.
  Today I want to shine a spotlight on not only Mrs. Lonning's great 
and many achievements, but also on the vital role that we all play in 
ensuring that all children and particularly those with disabilities 
receive the best education possible.
  Mrs. Lonning believes firmly in providing quality services to people 
with disabilities throughout their lives, and today her vision has 
become a reality. Mrs. Lonning has said that she has always felt that 
God put her where he needed her to be. Furthermore, the motto from her 
alma mater, Pine Rest Nursing School, has guided her work throughout 
the years: ``It's only one life, it will soon be passed, only what's 
done for Christ will last.''
  For these reasons, I am privileged to stand before this body and 
congratulate Mrs. Lonning on her receipt of this prestigious award.

                          ____________________




       HONORING THE WORK OF THE SONOMA COUNTY MEDICAL ASSOCIATION

                                 ______
                                 

                          HON. LYNN C. WOOLSEY

                             of california

                    in the house of representatives

                       Monday, September 29, 2008

  Ms. WOOLSEY. Madam Speaker, I rise today along with my colleague, 
Congressman Mike Thompson, to honor and acknowledge the Sonoma County 
Medical Association, SCMA. The SCMA will celebrate its 150th 
anniversary on November 11, 2008.
  Recently discovered documents place the first call to organize the 
forerunner to the SCMA on April 10, 1858, with the creation of a 
constitution and by-laws. The group went through at least two 
subsequent reorganizations, the latter being in 1888, which had long 
been considered by medical historians to be the original founding date 
of the organization.
  From 1888 to 1910 the Sonoma County Medical Society, as it was then 
called, held monthly meetings around such topics as ``The Emotions in 
Their Relationship to Disease'' and ``Bubonic Plague: Keeping it Out of 
Sonoma County.'' In 1906, the association elected its first woman 
president, Dr. Anabel Stuart. During both World Wars, 29 percent of the 
medical society's membership served our country in uniform.
  Since 1951, the SCMA has had only 5 full-time administrators or 
executive directors. Josephine Quayle served as ``general helper'' 
until her retirement in 1963. She was succeeded by Norman Brown, who 
served from 1960 to 1982. Roger Brown served from 1983 to 1989, 
followed by Tom Wagner from 1989 to 2000 and Cynthia Melody from 2000 
to the present.
  Over the years, the SCMA has made numerous contributions to the 
health of Sonoma County. In 1962, the SCMA coordinated a ``Knock Out 
Polio'' campaign that resulted in 92.3 percent of the county's 
population being immunized. From the mid-1970s to the late 1990s, the 
SCMA created several other affiliated companies that helped increase 
medical services to county residents, including the Specialty 
Physicians Association and the Children's Health Network. And, in 2000, 
the SCMA returned to its roots as a selfsustaining, non-profit county 
medical association supporting physicians and their efforts to enhance 
the health of the community.
  Madam Speaker, the SMCA has a long history of assisting physicians 
practicing in Sonoma County and of preserving the well being of county 
residents. It is appropriate that we honor this distinguished 
organization and its members for their past accomplishments and wish 
them well as they continue to work on behalf of the physicians and 
residents of Sonoma County.

                          ____________________




                  COMMENDING THE GALVESTON DAILY NEWS

                                 ______
                                 

                             HON. RON PAUL

                                of texas

                    in the house of representatives

                       Monday, September 29, 2008

  Mr. PAUL. Madam Speaker, I would like to commend a very determined 
newspaper in my district, the unsinkable Galveston Daily News. The 
stories of Hurricane Ike continue to be told as the area begins to 
recover, but the Galveston Daily News never stopped their reporting in 
the midst of this deadly storm. I am told the entire roof of their 
building was blown away, flooding the interior, leaving them with no 
equipment except a single working cell phone, and still, they missed 
not one single issue. With cooperation from other area papers, the 
Herald Zeitung in New Braunfels for layout and the Victoria Advocate 
for printing, every single issue promised readers will be available to 
them, even if some homes have been impossible to deliver to. I am also 
told that many reporters and employees of the paper endured heavy 
personal losses. They obviously consider their roles as communicators 
within and for the community of Galveston not as a mere job, but as a 
personal calling. It is devoted Texans and Americans like those at the 
Galveston Daily News that make this country work, and I applaud them.

                          ____________________




                       SENATE COMMITTEE MEETINGS

  Title IV of Senate Resolution 4, agreed to by the Senate on February 
4, 1977, calls for establishment of a system for a computerized 
schedule of all meetings and hearings of Senate committees, 
subcommittees, joint committees, and committees of conference. This 
title requires all such committees to notify the Office of the Senate 
Daily Digest--designated by the Rules Committee--of the time, place, 
and purpose of the meetings, when scheduled, and any cancellations or 
changes in the meetings as they occur.
  As an additional procedure along with the computerization of this 
information, the Office of the Senate Daily Digest will prepare this 
information for printing in the Extensions of Remarks section of the 
Congressional Record on Monday and Wednesday of each week.
  Meetings scheduled for Tuesday, September 30, 2008 may be found in 
the Daily Digest of today's Record.