Congressional Record (Bound Edition), Volume 154 (2008), Part 18 - Congressional Record (Bound Edition), Volume 154 for November 19, 2008

[Congressional Record (Bound Edition), Volume 154 (2008), Part 18]
[Issue]
[Pages 24146-24271]
[From the U.S. Government Publishing Office, www.gpo.gov]

[[Page 24146]]

HOUSE OF REPRESENTATIVES--Wednesday, November 19, 2008

Pursuant to section 2 of House Concurrent Resolution 440, 110th
Congress, the House met at 1 p.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,

November 19, 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.

____________________

NOTICE OF REASSEMBLY

The SPEAKER pro tempore. The Chair lays before the House the text of
the formal notice of reassembly that was sent to Members on Friday,
November 14, 2008.

Congress of the United States,

Washington, DC, November 13, 2008.
House of Representatives,
Washington, DC.
Dear Representative: Pursuant to section 2 of House
Concurrent Resolution 440, after consultation with the
Minority Leader of the House and the Minority Leader of the
Senate, we determine that the public interest requires that
the House reassemble at 1 p.m. on Wednesday, November 19,
2008, the Senate already being in session.
The Sergeant at Arms is directed to notify all Members of
the reassembly of the House of Representatives for additional
legislative business during the second session of the One
Hundred Tenth Congress.
Thank you for your attention to this urgent matter.
Best Regards,
Nancy Pelosi,
Speaker of the House.
Harry Reid,
Majority Leader of the Senate.

____________________

PRAYER

The Chaplain, the Reverend Daniel P. Coughlin, offered the following
prayer:
Perhaps, Lord God, it is because we look upon You as the Supreme
Creator, or ever-lasting goodness or unconditional love, that we see
ourselves as ever changing and each one of us as an unfinished story
created, yet far from Your image and likeness.
Since life seems to be filled with an endless series of tasks and a
cacophony of demands, this 110th Congress gathers for another session
to seek Your mercy and guidance as we face so many limitations.
Help these representatives of people across this Nation who have
worries, problems, and doubts, that they find compassion for those who
suffer most, sound principles upon which to base their response, and
wisdom in working out detailed and prudent solutions to very
complicated issues.
With firm resolve, Lord, to listen to each other as well as to Your
own revealed truth and holy inspiration, in You, our God, we place our
trust now and forever.
Amen.

____________________

THE JOURNAL

The SPEAKER pro tempore. The Chair has examined the Journal of the
last day's proceedings and announces to the House his approval thereof.
Pursuant to clause 1, rule I, the Journal stands approved.

____________________

PLEDGE OF ALLEGIANCE

The SPEAKER pro tempore. Will the gentleman from Missouri (Mr.
Skelton) come forward and lead the House in the Pledge of Allegiance.
Mr. SKELTON 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.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, October 15, 2008.
Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
clause 2(h) of rule II of the Rules of the U.S. House of
Representatives, I have the honor to transmit an envelope
received from the White House on October 14, 2008, at 11:00
a.m. and said to contain a letter from the President dated
October 14, 2008 whereby he submits a certification pursuant
to sec. 115(a)(2) of PL 110-343.
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk of the House.

____________________

CERTIFICATION PURSUANT TO EMERGENCY ECONOMIC STABILIZATION ACT OF
2008--MESSAGE FROM THE PRESIDENT OF THE UNITED STATES (H. DOC. NO. 110-
158)

The SPEAKER pro tempore laid before the House the following message
from the President of the United States; which was read and, together
with the accompanying papers, without objection, referred to the
Committee on Financial Services and ordered to be printed:

The White House

Washington, DC, October 14, 2008.
Hon. Nancy Pelosi,
Speaker of the House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to section 115(a) (2) of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343) (the ``Act''), I hereby certify that it is necessary for
the Secretary of the Treasury to exercise the authority
granted under the Act to purchase, or commit to purchase,
troubled assets up to the limit of $350 billion outstanding
at any one time.
Sincerely,
George W. Bush.

____________________

{time} 1315
COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER pro tempore laid before the House the following
communication from the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, November 18, 2008.
Hon. Nancy Pelosi,
The Speaker, The Capitol, House of Representatives,
Washington, DC.
Dear Madam Speaker: Pursuant to the permission granted in
Clause 2(h) of rule II of the Rules of the U.S. House of
Representatives, the Clerk received the following message
from the Secretary of the Senate on November 18, 2008, at
1:54 p.m.:
That the Senate passed without amendment H.R. 5714.
That the Senate agreed to the House amendment S. 602.
Appointments: Congressional Oversight Panel (2).
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk of the House.

____________________

ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

The SPEAKER pro tempore. Pursuant to clause 4 of rule I, the
following enrolled bills and joint resolution were signed:

[[Page 24147]]

By Speaker pro tempore Van Hollen on Monday, October 6, 2008:
H.R. 4010, to designate the facility of the United States Postal
Service located at 100 West Percy Street in Indianola, Mississippi, as
the ``Minnie Cox Post Office Building''.
H.R. 4131, to designate a portion of California State Route 91
located in Los Angeles County, California, as the ``Juanita Millender-
McDonald Highway''.
H.R. 5159, to establish the Office of the Capitol Visitor Center
within the Office of the Architect of the Capitol, headed by the Chief
Executive Officer for Visitor Services, to provide for the effective
management and administration of the Capitol Visitor Center, and for
other purposes.
H.R. 6197, 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. 6469, to amend the Public Health Service Act to authorize
increased Federal funding for the Organ Procurement and Transplantation
Network.
H.R. 6558, 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. 6834, 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. 6902, 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, 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. 7222, to extend the Andean Trade Preference Act, and for other
purposes.
H.J. Res. 100, 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.
On Tuesday, October 7, 2008:
S. 3197, an act to amend title 11, United States Code, to exempt for
a limited period, from the application of the means-test presumption of
abuse under chapter 7, qualifying members of reserve components of the
Armed Forces and members of the National Guard who, after September 11,
2001, are called to active duty or to perform a homeland defense
activity for not less than 90 days.

____________________

COMMUNICATION FROM THE REPUBLICAN LEADER

The SPEAKER pro tempore laid before the House the following
communication from the Honorable John A. Boehner, Republican Leader:

Congress of the United States,

House of Representatives,

Washington, DC, October 1, 2008.
Hon. Nancy Pelosi,
Speaker, U.S. Capitol,
Washington, DC.
Dear Speaker Pelosi: Pursuant to Section 333(a)(2) of the
Consolidated Natural Resources Act of 2008 (P.L. 110-229), I
am pleased to appoint Mrs. Rosa J. Correa of Bridgeport,
Connecticut as a voting member to the Commission to Study the
Potential Creation of a National Museum of the American
Latino. Dr. Aida Levitan, Key Biscayne, Florida, previously
appointed, shall also be a voting member.
Both Dr. Levitan and Mrs. Correa have expressed interest in
serving in this capacity and I am pleased to fulfill the
requests.
Sincerely,
John A. Boehner,
Republican Leader.

____________________

MOMENT OF SILENCE IN REMEMBRANCE OF MEMBERS OF ARMED FORCES AND THEIR
FAMILIES

The SPEAKER. The Chair would ask all Members to rise for the purpose
of a moment of silence.
The Chair asks that the House now observe a moment of silence in
remembrance of our brave men and women in uniform who have given their
lives in the service of our Nation in Iraq and Afghanistan, their
families, and all who serve in our Armed Forces.

____________________

COMMUNICATION FROM THE CLERK OF THE HOUSE

The SPEAKER laid before the House the following communication from
the Clerk of the House of Representatives:

Office of the Clerk,

House of Representatives,

Washington, DC, November 19, 2008.
Hon. Nancy Pelosi,
The Speaker, House of Representatives,
Washington, DC.
Dear Madam Speaker: I have the honor to transmit herewith a
facsimile copy of a letter received from Ms. Pat Wolfe,
Elections Administrator, Office of the Secretary of State,
State of Ohio, indicating that, according to the unofficial
returns of the Special Election held November 18, 2008, the
Honorable Marcia L. Fudge was elected Representative to
Congress for the Eleventh Congressional District, State of
Ohio.
With best wishes, I am
Sincerely,
Lorraine C. Miller,
Clerk.
____

Ohio Secretary of State,

Columbus, OH, November 19, 2008.
Re: Ohio's 11th Congressional District--unofficial results of
special election of November 18, 2008.

Hon. Lorraine C. Miller,
Clerk, House of Representatives,
Washington, DC.
Dear Ms. Miller: Per your request, this is to advise you
that the unofficial results of the Special Election held on
Tuesday, November 18, 2008, for Representative to Congress
from the 11th Congressional District of Ohio, indicates that
the Honorable Marcia L. Fudge received 8,450 votes.
Ms. Fudge was the only candidate for the office. Therefore,
it appears from the unofficial results that Ms. Fudge has
been elected as Representative to Congress of the 11th
Congressional District of Ohio.
As soon as the official results are certified to this
office by the Cuyahoga County Board of Elections, which must
be no later than December 19, 2008, the official Certificate
of Election will be prepared and transmitted as required by
law.
Sincerely,
Patricia Wolfe,
Elections Administrator.

____________________

SWEARING IN OF THE HONORABLE MARCIA FUDGE, OF OHIO, AS A MEMBER OF THE
HOUSE

Ms. KAPTUR. Madam Speaker, I ask unanimous consent that the
gentlewoman from Ohio, the Honorable Marcia Fudge, be permitted to take
the oath of office today.
Her certificate of election has not arrived, but there is no contest
and no question has been raised with regard to her election.
The SPEAKER. Is there objection to the request of the gentlewoman
from Ohio?
There was no objection.
The SPEAKER. Will Representative-elect Fudge and the members of the
Ohio delegation present themselves in the well.
Ms. Fudge appeared at the bar of the House and took the oath of
office, as follows:
Do you solemnly swear or affirm that you will support and defend the
Constitution of the United States against all enemies, foreign and
domestic; that you will bear true faith and allegiance to the same;
that you take this obligation freely, without any mental reservation or
purpose of evasion; and that you will well and faithfully discharge the
duties of the office on which you are about to enter, so help you God.
The SPEAKER. Congratulations. You are now a Member of the 110th
Congress.

____________________

WELCOMING THE HONORABLE MARCIA FUDGE TO THE HOUSE OF REPRESENTATIVES

The SPEAKER. Without objection, the gentlewoman from Ohio (Ms.
Kaptur) is recognized for 1 minute.
There was no objection.
Ms. KAPTUR. Madam Speaker and Members of the House, obviously this is
a great moment of joy for our country and for our delegation.
Congresswoman Marcia Fudge will become an outstanding Member of this
House. She is an attorney, a businesswoman, and a mayor--indeed, the
first female mayor, and first African American mayor of Warrensville,
Ohio--since the year 2000. That alone constitutes major
accomplishments.

[[Page 24148]]

She has her law degree from Cleveland State University, and she will
become the ninth female Member ever elected to this Chamber from the
great State of Ohio, and only the second African American woman ever to
be elected from our State.
As Mayor of Warrensville, Ohio, she has been heavily involved in
economic development. In fact, she said, ``I believe people started to
feel really good about where they lived because of the results of our
economic development efforts, and I think when people feel good about
where they live, that pride transitions into so many positive things.''
Congresswoman Fudge formerly served our beloved colleague
Representative Stephanie Tubbs Jones as her Chief of Staff during her
early years. She also worked early in her career on Carl Stokes'
Cleveland bid for mayor, as a teenager, heading up Young Folks for
Stokes.
She has been a law clerk; a tax attorney; county prosecutor's office
attorney; held Cuyahoga County Budget, Tax, and Finance positions; and
she is Immediate Past President of Delta Sigma Theta Sorority, serving
from 1996 to 2000. We know what a powerhouse that is.
She's also a board member of the famous Cleveland Public Library and,
perhaps most important of all, she's a member of the Baptist Glenville
Church of God. We know she's come this far by faith.
We welcome her here today and join her among our Buckeye ranks.
I would be pleased to yield to the fine dean of our delegation from
the Republican side of the aisle, Congressman Ralph Regula, who we will
say goodbye to as a Member this year, but not as a former Member, and
we expect to see him and his beautiful wife, Mary, very often.
Mr. REGULA. I thank the gentlelady for yielding. It's certainly with
pleasure that I rise today as the dean of the Ohio delegation to
welcome our newest Member, the Honorable Marcia Fudge, of the 11th
District. We will all sadly recall our delegation and this House
unexpectedly lost our friend and colleague, the Honorable Stephanie
Tubbs Jones, this past August. While we all miss Stephanie's warmth and
friendship, today we welcome Congresswoman Fudge to this body.
As my colleague from Toledo has said, she has an outstanding record
of achievements, and I know she will be a very strong contributing
Member to this body. Of course, she has the great experience of serving
as the Mayor of Warrensville Heights. Any of you that have experienced
local government, particularly as a mayor or a council person, you know
that you have to learn to accommodate, compromise, reach across the
aisle, and do a lot of things that will make for success in this body.
Also, she is a product of Ohio's fine schools. She has a bachelor's
degree in Business Administration from the Ohio State University. Go
Bucks. She has a law degree from the Cleveland Marshall College of Law
at Cleveland State University.
Madam Speaker, on behalf of my colleagues on my side of the aisle,
and colleagues generally, we are happy to welcome Ms. Fudge as one of
our Members and wish her a long and successful career as a Member of
this body. It's a great honor to serve in the United States Congress. I
think all of us can attest to that.
I thank the gentlelady for yielding.

{time} 1330

Ms. KAPTUR. I thank the gentleman, and know that Congresswoman Fudge
will be a valued member of our delegation. We have our work cut out for
us.
We welcome you.
Madam Speaker, we yield back our remaining time.
The SPEAKER. Without objection, the gentlewoman from Ohio (Ms. Fudge)
is recognized for 1 minute.
There was no objection.
Ms. FUDGE. Thank you.
Madam Speaker, Leader Boehner, Representative Kaptur, Representative
Regula, the Ohio delegation, Members of the 110th Congress, it is,
indeed, my pleasure and my privilege to be with you here today.
I want to first just thank my mother and my family and my staff, my
friends, the members of my great sorority--Delta Sigma Theta--all of
the residents of Warrensville Heights, Ohio, where I served for so many
years as mayor, and all of the people of the 11th District for the
confidence they placed in me in the last three elections that I have
been in over the last 6 weeks. I, as well, would like to thank my
predecessors on whose shoulders I stand today--the Honorable Louis
Stokes and my very dear friend, the Honorable Stephanie Tubbs Jones.
To all of my colleagues, I say to you that I look forward to working
with you because there is much work to be done, and I am certainly up
to the task. I am a person who you can count on. I will work hard
because I know what my job is, and my job is to serve the people who
put me here. I know that my job is to do the most for those who have
the least, and so I will work hard because I have promises to keep. I
have made promises not only to myself and to the people of the 11th
District but to my departed friend. So count on me because I do,
indeed, have a promise to keep.
Thank you so much.

____________________

ANNOUNCEMENT BY THE SPEAKER

The SPEAKER. Under clause 5(d) of rule XX, the Chair announces to the
House that, in light of the administration of the oath of office to the
gentlewoman from Ohio (Ms. Fudge), the whole number of the House is
435.

____________________

RECESS

The SPEAKER. Pursuant to clause 12(a) of rule I, the Chair declares
the House in recess subject to the call of the Chair.
Accordingly (at 1 o'clock and 32 minutes p.m.), the House stood in
recess subject to the call of the Chair.

____________________

{time} 1504
AFTER RECESS

The recess having expired, the House was called to order by the
Speaker pro tempore (Mr. Udall of Colorado) at 3 o'clock and 4 minutes
p.m.

____________________

DISPENSING WITH CALENDAR WEDNESDAY BUSINESS TODAY

Mr. WELCH of Vermont. Mr. Speaker, I ask unanimous consent that the
business in order under the Calendar Wednesday rule be dispensed with
today.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Vermont?
There was no objection.

____________________

ENROLLED BILLS AND JOINT RESOLUTION SIGNED

Ms. Lorraine C. Miller, Clerk of the House, reported and found truly
enrolled bills and a joint resolution of the House of the following
titles, which were thereupon signed by Speaker pro tempore, Mr. Van
Hollen on October 6, 2008:

H.R. 4010. An act to designate the facility of the United
States Postal Service located at 100 West Percy Street in
Indianola, Mississippi, as the ``Minnie Cox Post Office
Building''.
H.R. 4131. An act to designate a portion of California
State Route 91 located in Los Angeles County, California, as
the ``Juanita Millender-McDonald Highway''.
H.R. 5159. An act to establish the Office of the Capitol
Visitor Center within the Office of the Architect of the
Capitol, headed by the Chief Executive Officer for Visitor
Services, to provide for the effective management and
administration of the Capitol Visitor Center, and for other
purposes.
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. 6469. An act to amend the Public Health Service Act to
authorize increased Federal funding for the Organ Procurement
and Transplantation Network.
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. 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''.

[[Page 24149]]

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. 7222. An act to extend the Andean Trade Preference
Act, and for the other purposes.
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.

____________________

SENATE ENROLLED BILL SIGNED

The Speaker pro tempore, Mr. Van Hollen, announced his signature on
October 7, 2008 to an enrolled bill of the Senate of the following
title:

S. 3197. An act to amend title 11, United States Code, to
exempt for a limited period, from the application of the
means-test presumption of abuse under chapter 7, qualifying
members of reserve components of the Armed Forces and members
of the National Guard who, after September 11, 2001, are
called to active duty or to perform a homeland defense
activity for not less than 90 days.

____________________

BILLS AND JOINT RESOLUTION PRESENTED TO THE PRESIDENT

Lorraine C. Miller, Clerk of the House reports that on September 30,
2008 she presented to the President of the United States, for his
approval, the following bills and joint resolution.

H.R. 1157. To amend the Public Health Service Act to
authorize the Director of the National Institute of
Environmental Health Sciences to make grants for the
development and operation of research centers regarding
environmental factors that may be related to the etiology of
breast cancer.
H.R. 1343. To amend the Public Health Service Act to
provide additional authorizations of appropriations for the
health centers program under section 330 of such Act, and for
other purposes.
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.
H.R. 2851. To amend the Employee Retirement Income Security
Act of 1974, the Public Health Service Act, and the Internal
Revenue Code of 1986 to ensure that dependent students who
take a medically necessary leave of absence do not lose
health insurance coverage, and for other purposes.
H.R. 3068. 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. 3229. 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. 4120. To amend title 18, United States Code, to
provide for more effective prosecution of cases involving
child pornography, and for other purposes.
H.R. 5001. 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.R. 5057. To reauthorize the Debbie Smith DNA Backlog
Grant Program, and for other purposes.
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.
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.
H.R. 5872. 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.
H.R. 5975. To designate the facility of the United States
Postal Service located at 101 West Main Street in Waterville,
New York, as the ``Cpl. John P. Sigsbee Post Office''.
H.R. 6092. To designate the facility of the United States
Postal Service located at 101 Tallapoosa Street in Bremen,
Georgia, as the ``Sergeant Paul Saylor Post Office
Building''.
H.R. 6370. To transfer excess Federal property administered
by the Coast Guard to the Confederated Tribes of the Coos,
Lower Umpqua, and Siuslaw Indians.
H.R. 6437. To designate the facility of the United States
Postal Service located at 200 North Texas Avenue in Odessa,
Texas, as the ``Corporal Alfred Mac Wilson Post Office''.
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.
H.R. 6946. To make a technical correction in the NET 911
Improvement Act of 2008.
H.J. Res. 62. To honor the achievements and contributions
of Native Americans to the United States, and for other
purposes.

Lorraine C. Miller, Clerk of the House also reports that on October
3, 2008 she presented to the President of the United States, for his
approval, the following bills.

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.
H.R. 1424. To provide authority for the Federal Government
to purchase and insure certain types of troubled assets for
the purposes of providing stability to and preventing
disruption in the economy and financial system and protecting
taxpayers, 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.
H.R. 1532. To amend the Public Health Service Act with
respect to making progress toward the goal of eliminating
tuberculosis, and for other purposes.
H.R. 2786. To reauthorize the programs for housing
assistance for Native Americans.
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.
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.
H.R. 5618. To reauthorize and amend the National Sea Grant
College Program Act, and for other purposes.
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.
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.
H.R. 7081. To approve the United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy, and for other
purposes.

Lorraine C. Miller, Clerk of the House also reports that on October
6, 2008 she presented to the President of the United States, for his
approval, the following bills.

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 purpose.
H.R. 3480. To direct the United States Sentencing
Commission to assure appropriate punishment enhancements for
those involved in receiving stolen property where that
property consists of grave markers of veterans, and for other
purposes.
H.R. 4544. To require the issuance of medals to recognize
the dedication and valor of Native American code talkers.
H.R. 6063. To authorize the programs of the National
Aeronautics and Space Administration, and for other purposes.
H.R. 6296. To extend through 2013 the authority of the
Federal Election Commission to impose civil money penalties
on the basis of a schedule of penalties established and
published by the Commission.
H.R. 6353. To amend the Controlled Substances Act to
address online pharmacies.
H.R. 6524. To authorize the Administrator of General
Services to take certain actions with respect to parcels of
real property located in Eastlake, Ohio, and Koochiching
County, Minnesota, and for other purposes.
H.R. 7082. 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. 7177. To authorize the transfer of naval vessels to
certain foreign recipients, and for other purposes.
H.R. 7198. To establish the Stephanie Tubbs Jones Gift of
Life Medal for organ donors and the family of organ donors.

Lorraine C. Miller, Clerk of the House also reports that on October
7, 2008 she presented to the President of the United States, for his
approval, the following bills.

H.R. 1714. To clarify the boundaries of Coastal Barrier
Resources System Clam Pass Unit FL-64P.
H.R. 6045. To amend title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to extend the authorization of
the Bulletproof

[[Page 24150]]

Vest Partnership Grant Program through fiscal year 2012.
H.R. 6073. To provide that Federal employees receiving
their pay by electronic funds transfer shall be given the
option of receiving their pay stubs electronically.
H.R. 6083. To authorize funding to conduct a national
training program for State and local prosecutors.
H.R. 6199. To designate the facility of the United States
Postal Service located at 245 North Main Street in New City,
New York, as the ``Kenneth Peter Zebrowski Post Office
Building''.
H.R. 6229. To designate the facility of the United States
Postal Service located at 2523 7th Avenue East in North Saint
Paul, Minnesota, as the ``Mayor William `Bill' Sandberg Post
Office Building''.
H.R. 6338. To designate the facility of the United States
Postal Service located at 4233 West Hillsboro Boulevard in
Coconut Creek, Florida, as the ``Army SPC Daniel Agami Post
Office Building''.
H.R. 6531. To amend chapter 13 of title 17, United States
Code (relating to the vessel hull design protection), to
clarify the definitions of a hull and a deck.
H.R. 6874. To designate the facility of the United States
Postal Service located at 156 Taunton Avenue in Seekonk,
Massachusetts, as the ``Lance Corporal Eric Paul Valdepenas
Post Office Building''.
H.R. 7084. 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. 7222. To extend the Andean Trade Preference Act, and
for other purposes.

Lorraine C. Miller, Clerk of the House reports also that on October
9, 2008 she presented to the President of the United States, for his
approval, the following bills and joint resolution.

H.R. 5159. To establish the Office of the Capitol Visitor
Center within the Office of the Architect of the Capitol,
headed by the Chief Executive Officer for Visitor Services,
to provide for the effective management and administration of
the Capitol Visitor Center, and for other purposes.
H.R. 6469. To amend the Public Health Service Act to
authorize increased Federal funding for the Organ Procurement
and Transplantation Network.
H.J. Res 100. 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.

Lorraine C. Miller, Clerk of the House also reports that on October
10, 2008 she presented to the President of the United States, for his
approval, the following bills.

H.R. 1594. To designate the Department of Veterans Affairs
Outpatient Clinic in Hermitage, Pennsylvania, as the Michael
A. Marzano Department of Veterans Affairs Outpatient Clinic.
H.R. 3511. To designate the facility of the United States
Postal Service located at 2150 East Hardtner Drive in Urania,
Louisiana, as the ``Murphy A. Tannehill Post Office
Building''.
H.R. 4010. To designate the facility of the United States
Postal Service located at 100 West Percy Street in Indianola,
Mississippi, as the ``Minnie Cox Post Office Building''.
H.R. 4131. To designate a portion of California State Route
91 located in Lost Angeles County, California, as the
``Juanita Millender-McDonald Highway''.
H.R. 6197. 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. 6558. 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. 6681. To designate the facility of the United States
Postal Service located at 300 Vine Street in New Lenox,
Illinois, as the ``Jacob M. Lowell Post Office Building''.
H.R. 6834. 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. 6847. To designate the facility of the United States
Postal Service located at 801 Industrial Boulevard in
Ellijay, Georgia, as the ``First Lieutenant Noah Harris
Ellijay Post Office Building''.
H.R. 6902. 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. 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''.

____________________

ADJOURNMENT

Mr. WELCH of Vermont. Mr. Speaker, I move that the House do now
adjourn.
The motion was agreed to; accordingly (at 3 o'clock and 5 minutes
p.m.), the House adjourned until tomorrow, Thursday, November 20, 2008,
at 10 a.m.

____________________

OATH OF OFFICE MEMBERS, RESIDENT COMMISSIONER, AND DELEGATES

The oath of office required by the sixth article of the Constitution
of the United States, and as provided by section 2 of the act of May
13, 1884 (23 Stat. 22), to be administered to Members, Resident
Commissioner, and Delegates of the House of Representatives, the text
of which is carried in 5 U.S.C. 3331:
``I, AB, do solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign and domestic; that I will bear true faith and allegiance to
the same; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of the office on which I am about
to enter. So help me God.''

has been subscribed to in person and filed in duplicate with the Clerk
of the House of Representatives by the following Member of the 110th
Congress, pursuant to the provisions of 2 U.S.C. 25:
Marcia L. Fudge, Ohio, 11th.

____________________

EXECUTIVE COMMUNICATIONS, ETC.

Under clause 8 of rule XII, executive communications were taken from
the Speaker's table and referred as follows:

9084. A letter from the Congressional Review Coordinator,
Department of Agriculture, transmitting the Department's
final rule -- Addition of Russia and Azerbaijan to the List
of Regions Where African Swine Fever Exists [Docket No.:
APHIS-2008-0107] received November 5, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Agriculture.
9085. A letter from the Congressional Review Coordinator,
Department of Agriculture, transmitting the Department's
final rule -- Viral Hemorrhagic Septicemia; Interstate
Movement and Import Restrictions on Certain Live Fish [Docket
No.: APHIS-2007-0038] (RIN: 0579-AC74) received November 5,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Agriculture.
9086. A letter from the Congressional Review Coordinator,
Department of Agriculture, transmitting the Department's
final rule -- Agricultural Bioterrorism Protection Act of
2002; Biennial Review and Republication of the Select Agent
and Toxin List [Docekt No.: APHIS-2007-0033] (RIN: 0579-AC53)
received October 20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Agriculture.
9087. A letter from the Secretary, Department of
Agriculture, transmitting a report of a violation of the
Antideficiency Act by the Department of Agriculture (USDA)
Forest Service, pursuant to 31 U.S.C. 1517(b); to the
Committee on Appropriations.
9088. A letter from the Acting Under Secretary, Department
of Defense, transmitting a report of a violation of the
Antideficiency Act by the Department of the Army, Case Number
05-17, pursuant to 31 U.S.C. 1517(b); to the Committee on
Appropriations.
9089. A letter from the Deputy Assistant Secretary of the
Air Force, Department of the Air Force, transmitting a
proposal from the Department of the Air Force to dispose by
lease renewal to the Lompoc Unified School District, 15.48
acres of land at Vandenberg Air Force Base, pursuant to 10
U.S.C. 2667(a); to the Committee on Armed Services.
9090. A letter from the Secretary, Department of Defense,
transmitting letter on the approved retirement of General
Robert W. Wagner, United States Army, and his advancement to
the grade of lieutenant general on the retired list; to the
Committee on Armed Services.
9091. A letter from the Under Secretary, Department of
Defense, transmitting letter on the approved retirement of
Lieutenant General Henry A. Obering III, United States Air
Force, and his advancement to the grade of lieutenant general
on the retired list; to the Committee on Armed Services.
9092. A letter from the Assistant Deputy Under Secretary of
Defense Environment, Safety and Occupational Health,
Department of Defense, transmitting the fiscal year 2007
report entitled, ``Operation and Financial Support of
Military Museums''; to the Committee on Armed Services.
9093. A letter from the Under Secretary, Department of
Defense, transmitting letter on the approved retirement of
General William S. Wallace, United States Army, and his
advancement to the grade of general on the retired list; to
the Committee on Armed Services.
9094. A letter from the Under Secretary, Department of
Defense, transmitting authorization of 14 officers to wear
the authorized

[[Page 24151]]

insignia of the grade of major general, pursuant to 10 U.S.C.
777; to the Committee on Armed Services.
9095. A letter from the Under Secretary, Department of
Defense, transmitting letter on the approved retirement of
General Bruce A. Carlson, United States Air Force, and his
advancement to the grade of general on the retired list; to
the Committee on Armed Services.
9096. A letter from the Acting Under Secretary, Department
of Defense, transmitting the Department's quarterly report as
of September 30, 2008, entitled, ``Acceptance of
contributions for defense programs, projects and activities;
Defense Cooperation Account,'' pursuant to 10 U.S.C. 2608; to
the Committee on Armed Services.
9097. A letter from the Director, Defense Procurement,
Acquisition Policy, and Strategic Sourcing, Department of
Defense, transmitting the Department's final rule -- Defense
Federal Acquisition Regulation Supplement; Evaluation Factor
for Use of Members of the Selected Reserve (DFARS Case 2006-
D014) (RIN: 0750-AF40) received October 8, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Armed Services.
9098. A letter from the Under Secretary for Personnel and
Readiness, Department of Defense, transmitting the
Deparment's report entitled, ``Long-Term Operational Missions
Performed By Reserve Component Members Providing Operational
Support,'' pursuant to Section 416 of the Fiscal Year 2008
National Defense Authorization Act (NDAA); to the Committee
on Armed Services.
9099. A letter from the Deputy Secretary, Department of
Defense, transmitting the Department's report, pursuant to
Public Law 110-116, section 1402; to the Committee on Armed
Services.
9100. A letter from the Director, Executive Office of the
President, Office of National Drug Control Policy,
transmitting an addendum to the Fiscal Year 2007 Performance
Summary Report, pursuant to Public Law 105-277, section
705(d); to the Committee on Armed Services.
9101. A letter from the Directors of HOPE for Homeowners
Program, Board of Directors of the HOPE for Homeowners
Program, transmitting the Board's ``Major'' final rule --
HOPE for Homeowners Program: Program Regulations [Docket No.
B-2009-F-01] (RIN: 2580-AA00) received October 24, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
9102. A letter from the Administrator, Rural Housing
Service, Department of Agriculture, transmitting the
Department's final rule -- Direct Multi-Family Housing Loans
and Grants -- received October 29, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Financial Services.
9103. A letter from the Cheif Counsel, Department of
Homeland Security, transmitting the Department's final rule
-- Changes in Flood Elevation Determinations -- received
November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Financial Services.
9104. A letter from the Associate General Counsel,
Department of Housing and Urban Development, transmitting the
Department's final rule -- Mortgagee Review Board (MRB);
Amendments to the MRB Regulations [Docket No. FR-5082-F-02]
(RIN: 2510-AA01) received November 5, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Financial Services.
9105. A letter from the Chairman and President, Export-
Import Bank, transmitting a report on transactions involving
U.S. exports to Australia pursuant to Section 2(b)(3) of the
Export-Import Bank Act of 1945, as amended; to the Committee
on Financial Services.
9106. A letter from the Chairman, Federal Deposit Insurance
Corporation, transmitting a report entitled, ``Merger
Decisions 2007,'' in accordance with Section 18(c)(9) of the
Federal Deposit Insurance Act; to the Committee on Financial
Services.
9107. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the System's ``Major'' final
rule -- Capital Adequacy Guidelines: Treatment of Perpetual
Preferred Stock Issued to the United States Treasury under
the Emergency Economic Stabilization Act of 2008 [Regulation
Y; Docket No. R-1336] received October 27, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Financial
Services.
9108. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the System's final rule -- Risk-
Based Capital Guidelines; Leverage Capital Guidelines
[Regulations H and Y; Docket No. 1332] received October 10,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
9109. A letter from the Assistant to the Board, Federal
Reserve System, transmitting the System's final rule --
Transactions Between Member Banks and Their Affiliates:
Exemption for Certain Purchases of Asset-Backed Commercial
Paper by a Member Bank from an Affiliate [Regulation W;
Docket No. R-1331] received October 10, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Financial Services.
9110. A letter from the Acting Secretary, Securities &
Exchange Commission, transmitting the Commission's final rule
-- Mandatory Electronic Submission Applications for Orders
under the Investment Company Act and Filings Made Pursuant to
Regulation E [Release Nos. 33-8981; 34-58874; IC-28476 File
No. S7-25-07] (RIN: 3235-AJ81) received November 5, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
9111. A letter from the Acting Secretary, Securities &
Exchange Commission, transmitting the Commission's final rule
-- Disclosure of Short Sales and Short Positions by
Institutional Investment Managers [Release Nos.: 34-58785;
File No. S7-31-08] (RIN: 3235-AK23) received October 20,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
9112. A letter from the Acting Secretary, Securities and
Exchange Commission, transmitting the Commission's ``Major''
final rule -- Amendments to Regulation SHO [Release No. 34-
58773; File No. S7-30-08] (RIN: 3235-AK22) received October
20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Financial Services.
9113. A letter from the Acting Secretary, Securities and
Exchange Commission, transmitting the Commission's final rule
-- ``Naked'' Short Selling Antifraud Rule [Release No.: 34-
58774; File No. S7-08-08] (RIN: 3235-AK06) received October
20, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Financial Services.
9114. A letter from the Acting Secretary, Securities and
Exchange Commission, transmitting the Commission's final rule
-- Amendments to Regulation SHO [Release No. 34-58775; File
No. S7-19-07] (RIN: 3235-AJ57) received October 20, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Financial Services.
9115. A letter from the Assistant General Counsel for
Regulatory Services, Department of Education, transmitting
the Department's final rule -- Title I -- Improving The
Academic Achievement Of The Disadvantaged [Docket ID ED-2008-
OESE-0003] (RIN: 1810-AB01) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Education and Labor.
9116. A letter from the Department of Education,
transmitting the Department's final rule -- Title I --
Improving The Academic Achievement of The Disadvantaged
[Docket ID ED-20080-OESE-0003] (RIN: 1810-AB01) received
October 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Education and Labor.
9117. A letter from the Chairman and Chief Judge, ECAB,
Department of Labor, transmitting the Department's final rule
-- Rules of Procedure (RIN: 1290-AA22) received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Education and Labor.
9118. A letter from the Assistant Secretary, Employee
Benefits Security Administration, Department of Labor,
transmitting the Department's final rule -- Selection of
Annuity Providers-Safe Harbor for Individual Account Plans
(RIN: 1210-AB19) received October 10, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Education and Labor.
9119. A letter from the Assistant Secretary, Employee
Benefits Security Administration, Department of Labor,
transmitting the Department's final rule -- Adoption of
Amendment to Prohibited Transaction Exemption 2006-06; (PTE
2006-06) For Services Provided in Connection With the
Termination of Abandoned Individual Account Plans (RIN: 1210-
ZA12) received October 10, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Education and Labor.
9120. A letter from the Assistant Secretary, Employee
Benefits Security Administration, Department of Labor,
transmitting the Department's final rule -- Amendments to
Safe Harbor for Distributions From Terminated Individual
Account Plans and Termination of Abandoned Individual Account
Plans To Require Inherited Individual Retirement Plans for
Missing Nonspouse Beneficaries (RIN: 1210-AB16] received
October 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Education and Labor.
9121. A letter from the Deputy Assistant Secretary,
Department of Labor, transmitting the Department's final rule
-- Amendments to Guidelines for Processing Applications for
Assistance To Conform to Sections 3013(h) and 3031 of the
Safe, Accountable, Flexible, and Efficient Transportation
Equity Act-A Legacy for Users and To Improve Processing for
Administrative Efficiency (RIN: 1215-AB58) received October
10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Education and Labor.
9122. A letter from the Deputy Assistant Secretary For
Labor-Management Programs, Department of Labor, transmitting
the Department's final rule -- Labor Organization Annual
Financial Reports for Trusts in Which Labor Organization is
Interested, Form T-1 (RIN: 1215-AB64) received October 14,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Education and Labor.
9123. A letter from the Administrator, Office of
Apprenticeship, ETA, DOL, Department of Labor, transmitting
the Department's final rule -- Apprenticeship Programs, Labor
Standards for Registration, Amendment of Regulations (RIN:
1205-AB50) received November 5, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Education and Labor.
9124. A letter from the Acting Assistant Secretary Energy
Efficiency and Renewable

[[Page 24152]]

Energy, Department of Energy, transmitting a copy of the
Department's Energy Fleet Alternative Fuel Vehicle
Acquisition Report, Compliance with EPAct and E.O. 13149 in
Fiscal Year 2007, pursuant to 16 U.S.C. 2006(a)(1); to the
Committee on Energy and Commerce.
9125. A letter from the Chairman, Federal Energy Regulatory
Commission, transmitting the Commission's fourth report on
Government dam use charges under Section 10(e)(2) of the
Federal Power Act, pursuant to 16 U.S.C. 803; to the
Committee on Energy and Commerce.
9126. A letter from the Attorney, Office of General Counsel
for Legislation and Regulatory Law, Department of Energy,
transmitting the Department's ``Major'' final rule -- Energy
Conservation Program for Commercial and Industrial Equipment:
Packaged Terminal Air Conditioner and Packaged Terminal Heat
Pump Energy Conservation Standards [Docket Number: EERE-2007-
BT-STD-0012] (RIN: 1904-AB44) received October 20, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
9127. A letter from the Director, Regulations Policy and
Management Staff, Department of Health and Human Services,
transmitting the Department's final rule -- Distribution of
Certain Drug Products by Registered Blood Establishments and
Comprehensive Hemophilia Diagnostic Treatment Centers That
Qualify as Health Care Entities; Prescription Drug Marketing
Act of 1987; Prescription Drug Amendments of 1992; Policies,
Requirements and Administrative Procedures [Docket No.: FDA-
2005-N-0345 (formerly Docket No.: 2005N-0428)] received
November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
9128. A letter from the Director, Regulations Policy and
Management Staff, Department of Health and Human Services,
transmitting the Department's final rule -- Amendments to the
Current Good Manufacturing Practice Regulations for Finished
Pharmaceuticals [Docket No.: FDA-2007-N-0379 (formerly Docket
No.: 2007N-02800)] received November 5, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
9129. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicaid Program; Clarification of Outpatient
Hospital Facility (Including Outpatient Hospital Clinic)
Services Definition (RIN: 0938-AO17) received November 7,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Energy and Commerce.
9130. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Standards of Care of Chimpanzees Held in the
Federally Supported Chimpanzee Sancturry System (RIN: 0925-
AA31) received October 10, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
9131. A letter from the Secretary, Department of Health and
Human Services, transmitting the FY 2007 Performance Report
for the Animal Drug User Fee Act (ADUFA), enacted on November
18, 2003 (Pub. L. 108-199); to the Committee on Energy and
Commerce.
9132. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medical Examination of Aliens -- Revisions to
Medical Screening Process [Docket No.: CDC-2008-0002] (RIN:
0920-AA20) received October 6, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
9133. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicaid Integrity Program; Eligible Entity and
Contracting Requirements for the Medicaid Integrity Audit
Program (RIN: 0938-AO97), pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
9134. A letter from the Secretary, Department of Health and
Human Services, transmitting the Department's report
entitled, ``Program Evaluation Activities of the Department
of Health and Human Services -- Performance Improvement
2008,'' pursuant to Section 241(b) of the Public Health
Service (PHS) Act, as amended by the Preventive Health
Amendments of 1993, summarizing the findings of the
evaluations of PHS programs authorized under Section 241(a);
to the Committee on Energy and Commerce.
9135. A letter from the Director, Regulations Policy and
Management Staff, Department of Health and Human Services,
transmitting the Department's final rule -- Amendments to the
Current Good Manufacturing Practice Regulations for Finished
Pharmaceuticals; Final Rule; Correction [Docket No.: FDA-
2007-N-0329 (formerly Docket No. 2007N-0280)] received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Energy and Commerce.
9136. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Possession, Use, and Transfer of Select Agents
and Toxins (RIN: 0920-AA09) received October 16, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
9137. A letter from the Staff Assistant, NHTSA, Department
of Transportation, transmitting the Department's final rule
-- Insurer Reporting Requirements; List of Insurers Required
To File Reports [Docket No.: NHTSA-2008-0055] (RIN: 2127-
AK30) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
9138. A letter from the Staff Assistant, NHTSA, Department
of Transportation, transmitting the Department's final rule
-- Federal Motor Vehicle Theft Prevention Standard; Final
Listing of 2009 Light Duty Truck Lines Subject to the
Requirements of this Standard and Exempted Vehicle Lines for
Model Year 2009 [Docket No.: NHTSA-2008-0049] (RIN: 2127-
AK31) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
9139. A letter from the Office of Managing Director, AMD-
PERM, Federal Communications Commission, transmitting the
Commission's final rule -- In the Matter of Amendment of
Section 73.622(i), Final DTV Table of Allotments, Television
Broadcast Stations. (La Crosse, Wisconsin) [MB Docket No.:
08-156 RM-11480] received October 29, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce.
9140. A letter from the Office of Managing Director, AMD-
PERM, Federal Communications Commission, transmitting the
Commission's final rule -- In the Matter of Amendment of
Section 73.622(i), Final DTV TAble of Allotments, Television
Broadcast Stations, (Stuart, Flordia) [MB Docket No.: 08-147
RM-11473] received October 29, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Energy and Commerce.
9141. A letter from the Office of MAnaging Director, AMD-
PERM, Federal Communications Commission, transmitting the
Commission's final rule -- In the Matter of DTV Consumer
Education Initiative [MB Docket No.: 07-148] received October
29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Energy and Commerce.
9142. A letter from the General Counsel, Federal Energy
Regulatory Commission, transmitting the Commission's final
rule -- Ex Parte Contacts and Separation of Functions [Docket
No. RM08-8-000; Order No. 718] received October 20, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy
and Commerce.
9143. A letter from the Deputy General Counsel, Federal
Energy Regulatory Commission, transmitting the Commission's
final rule -- Wholesake Competition in Regions with Organized
Electric Markets [Docket Nos.: RM07-19-000 and AD07-7-000]
received October 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Energy and Commerce.
9144. A letter from the Vice Admiral, USN Director, Defense
Security Cooperation Agency, transmitting notification
concerning the Department of the Air Force's Proposed
Letter(s) of Offer and Acceptance to India for defense
articles and services (Transmittal No. 08-105), pursuant to
22 U.S.C. 2776(b); to the Committee on Foreign Affairs.
9145. A letter from the Director, International
Cooperation, Department of Defense, transmitting notification
concerning the Department's intent to sign a Project
Arrangement concerning the F/A-18A-F AN/ALR-67(V)3 Radar
Warning Receiver Advanced Passive Surveillance Capability
Program under the Memorandum of Understanding between the
Department of Defense of the United States of America and the
Department of Defense of Australia Concerning Cooperation on
Maritime Research, Development, Test, Evaluation, and
Prototyping Projects, pursuant to 22 U.S.C. 2776(b); to the
Committee on Foreign Affairs.
9146. A letter from the Acting Assistant Secretary
Legislative Affairs, Department of State, transmitting
certification of a proposed Manufacturing License Agreement
with Australia and the United Kingdom (Transmittal No. DDTC
124-08), pursuant to 22 U.S.C. 2776(d); to the Committee on
Foreign Affairs.
9147. A letter from the Acting Assistant Secretary
Legislative Affairs, Department of State, transmitting
certification of a proposed technical assistance agreement
for the export of technical data, defense services, and
defense articles to Chile (Transmittal No. DDTC 101-08),
pursuant to 22 U.S.C. 2776(c); to the Committee on Foreign
Affairs.
9148. A letter from the Acting Assistant Secretary
Legislative Affairs, Department of State, transmitting
certification of a proposed technical assistance agreement
for the export of technical data, defense services, and
defense articles to Malaysia, France, and the United Kingdom
(Transmittal No. DDTC 094-08), pursuant to 22 U.S.C. 2776(c);
to the Committee on Foreign Affairs.
9149. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting certification of a
proposed technical assistance agreement for the export of
technical data, defense services, and defense articles to the
Republic of Korea (Transmittal No. DDTC 131-08), pursuant to
22 U.S.C. 2776(c); to the Committee on Foreign Affairs.
9150. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting certification of a
proposed technical assistance agreement for the export of
technical data, defense services, and

[[Page 24153]]

defense articles to Belgium (Transmittal No. DDTC 116-08),
pursuant to 22 U.S.C. 2776(c); to the Committee on Foreign
Affairs.
9151. A letter from the Acting Assistant Secretary
Legislative Affairs, Department of State, transmitting the
Department's annual report entitled, ``Assistance Related to
International Terrorism Fiscal Year 2007,'' pursuant to 22
U.S.C. 2349aa-7; to the Committee on Foreign Affairs.
9152. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting Copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b; to the
Committee on Foreign Affairs.
9153. A letter from the Assistant Legal Adviser for Treaty
Affairs, Department of State, transmitting Copies of
international agreements, other than treaties, entered into
by the United States, pursuant to 1 U.S.C. 112b; to the
Committee on Foreign Affairs.
9154. A letter from the Assistant Secretary For Export
Administration, Department of Commerce, transmitting the
Department's final rule -- Wassenaar Arrangement Plenary
Agreements Implementation: December 2007 Categories 1,2,3,5
Parts I and II,6,7, and 9 of the Commerce Control List,
Definitions; December 2006 Solar Cells [Docket No.:
080215206-81243-01] (RIN: 0694 AE29) received October 7,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Foreign Affairs.
9155. A letter from the Assistant Secretary for Export
Administration, Department of Commerce, transmitting the
Department's final rule -- Additional Protocol Regulations
[Docket No.: 080212165-81300-02] (RIN: 0694-AD26) received
October 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Foreign Affairs.
9156. A letter from the Assistant Secretary For Export
Administration, Department of Commerce, transmitting the
Department's final rule -- Revisions to the Export
Administration Regulations based upon a Systematic Review of
the CCL [Docket No.: 080307397-81237-01] (RIN: 0694-AE33)
received October 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Foreign Affairs.
9157. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting pursuant to
section 36(c) of the Arms Export Control Act, certification
regarding the proposed transfer of defense articles or
defense services to Denmark, Germany, The Netherlands and
Portugal (Transmittal No. DDTC 138-08); to the Committee on
Foreign Affairs.
9158. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting certification of a
proposed Manufacturing License Agreement with Italy and
Germany (Transmittal No. DDTC 133-08); to the Committee on
Foreign Affairs.
9159. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a proposed removal
from the United States Munitions list of a portable air
sampler originally designed for use as a bio-particle
collector or unmanned aerial vehicles, pursuant to Section
38(f) of the Arms Export Control Act; to the Committee on
Foreign Affairs.
9160. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a proposed removal
from the United States Munitions list of visible blackout
lights; to the Committee on Foreign Affairs.
9161. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a proposed removal
from the United States Munitions list of a blower and heat
exchanger originally designed for a military application,
pursuant to Section 38(f) of the Arms Export Control Act; to
the Committee on Foreign Affairs.
9162. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a report pursuant
to the Emergency Wartime Supplemental Appropriations Act,
2003, on Loan Guarantees to Israel; to the Committee on
Foreign Affairs.
9163. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting pursuant to
section 3(d) of the Arms Export Control Act, certification
regarding the proposed transfer of major defense equipment
from the Government of Pakistan (Transmittal No. RSAT-12-08);
to the Committee on Foreign Affairs.
9164. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a letter
pertaining to certification under section 5(A)(2) of the
Libyan Claims Resolution Act relating to the receipt of funds
for settlement of claims against Libya, pursuant to Public
Law 110-301; to the Committee on Foreign Affairs.
9165. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a report on
progress toward a negotiated solution of the Cyprus question
covering the period August 1 through September 30, 2008,
pursuant to Section 620C(c) of the Foreign Assistance Act of
1961; to the Committee on Foreign Affairs.
9166. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting consistent with
the Authorization for Use of Military Force Against Iraq
Resolution of 2002 (Pub. L. 107-243), the Authorization for
the Use of Force Against Iraq Resolution (Pub. L. 102-1), and
in order to keep the Congress fully informed, reports
prepared by the Department of State on a weekly basis for the
August 15, 2008 -- October 15, 2008 period including matters
relating to post-liberation Iraq under Section 7 of the Iraq
Liberation Act of 1998 (Pub. L. 105-338); to the Committee on
Foreign Affairs.
9167. A letter from the Under Secretary of State for
Political Affairs, Department of State, transmitting the
Department's ninth report pursuant to U.S. Policy in Iraq
Act, Section 1227(c) of the National Defense Authorization
Act for Fiscal Year 2006 (Pub. L. 109-163), as amended by
Section 1223 of the National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110-181); to the Committee on
Foreign Affairs.
9168. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a report on
methods employed by the Government of Cuba to comply with the
United States-Cuba September 1994 ``Joint Communique,''
pursuant to Public Law 105-277, section 2245; to the
Committee on Foreign Affairs.
9169. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting a report in
accordance with Section 3 of the Arms Export Control Act; to
the Committee on Foreign Affairs.
9170. A letter from the Associate Director, PP&I,
Department of Treasury, transmitting the Department's final
rule -- Iranian Transactions Regulations -- received November
7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Foreign Affairs.
9171. A letter from the Secretary, Department of the
Treasury, transmitting as required by section 401(c) of the
National Emergency Act, 50 U.S.C. 1641(c), and section 204(c)
of the International Emergency Economic Powers Act, 50 U.S.C.
1703(c), and pursuant to Executive Order 13313 of July 31,
2003, a six-month periodic report on the national emergency
with respect to Sudan that was declared in Executive Order
13067 of November 3, 1997; to the Committee on Foreign
Affairs.
9172. A letter from the Secretary, Department of the
Treasury, transmitting as required by section 401(c) of the
National Emergency Act, 50 U.S.C. 1641(c), and section 204(c)
of the International Emergency Economic Powers Act , 50
U.S.C. 1703(c), and pursuant to Executive Order 13313 of July
31, 2003, a six-month periodic report on the national
emergency with respect to the situation in or in relation to
the Democratic Republic of the Congo that was declared in
Executive Order 13413 of October 27, 2006; to the Committee
on Foreign Affairs.
9173. A letter from the Secretary, Department of the
Treasury, transmitting as required by section 204(c) of the
International Emergency Economic Powers Act , 50 U.S.C.
1703(c), and pursuant to Executive Order 13313 of July 31,
2003, a six-month periodic report on the national emergency
with respect to Iran that was declared in Executive Order
12170 of November 14, 1979; to the Committee on Foreign
Affairs.
9174. A letter from the MajGen, USMC (ret.) Special
Inspector General for Afghanistan Reconstruction, Special
Inspector General for Afghanistan Reconstruction,
transmitting the first quarterly report on the
resconstruction of Afghanistan, pursuant to Public Law 110-
181, section 1229; to the Committee on Foreign Affairs.
9175. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-505, ``Maury
Wills Baseball Field Designation Act of 2008,'' pursuant to
D.C. Code section 1-233(c)(1); to the Committee on Oversight
and Government Reform.
9176. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-506, ``MVS
Inc., Payment Authorization Act of 2008,'' pursuant to D.C.
Code section 1-233(c)(1); to the Committee on Oversight and
Government Reform.
9177. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-510, ``Trash
Collection Noise Violations Abatement Act of 2008,'' pursuant
to D.C. Code section 1-233(c)(1); to the Committee on
Oversight and Government Reform.
9178. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-511,
``Defined Contribution Plan Modifications for the Director of
the Department of Corrections Devon Brown Amendment Act of
2008,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on Oversight and Government Reform.
9179. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-512, ``Marvin
Gaye Way Designation Act of 2008,'' pursuant to D.C. Code
section 1-233(c)(1); to the Committee on Oversight and
Government Reform.
9180. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-513,
``Downtown Retail Tax Increment Financing Amendment Act of
2008,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on Oversight and Government Reform.
9181. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-514, ``Public
Space Rental Fees Temporary Amendment Act of 2008,'' pursuant
to D.C. Code section 1-233(c)(1); to

[[Page 24154]]

the Committee on Oversight and Government Reform.
9182. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-515, ``Old
Naval Hospital Grant Temporary Amendment Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9183. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-516,
``Waterside Mall and Fourth Street, S.W., Redevelopment and
Reconstruction Temporary Act of 2008,'' pursuant to D.C. Code
section 1-233(c)(1); to the Committee on Oversight and
Government Reform.
9184. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-517,
``Bolling Air Force Base Military Housing Real Property Tax
Exemption and Equitable Tax Relief Temporary Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9185. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-537, ``Chief
Financial Officer Approval of Payment of Goods and Services
Temporary Amendment Act of 2008,'' pursuant to D.C. Code
section 1- 233(c)(1); to the Committee on Oversight and
Government Reform.
9186. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-538,
``Franklin Shelter Closing Requirements Temporary Act of
2008,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on Oversight and Government Reform.
9187. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-550, ``Public
Space Rental Fees Amendment Act of 2008,'' pursuant to D.C.
Code section 1-233(c)(1); to the Committee on Oversight and
Government Reform.
9188. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-554,
``Targeted Ward 4 Single Sales Moratorium Temporary Act of
2008,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on Oversight and Government Reform.
9189. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-552,
``District's Opportunity to Purchase Amendment Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9190. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-553,
``Consolidated Mt. Pleasant, Ward 2, and Ward 6 Single Sales
Moratorium Act of 2008,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on Oversight and Government
Reform.
9191. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-551,
``Workforce Housing Production Program Amendment Act of
2008,'' pursuant to D.C. Code section 1-233(c)(1); to the
Committee on Oversight and Government Reform.
9192. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-536,
``Firearms Control Temporary Amendment Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9193. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-535,
``Taxicab Company, Association, and Fleet and Limousine
License Moratorium Amendment Act of 2008,'' pursuant to D.C.
Code section 1-233(c)(1); to the Committee on Oversight and
Government Reform.
9194. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-520, ``Lola
Beaver Memorial Park Designation Act of 2008,'' pursuant to
D.C. Code section 1-233(c)(1); to the Committee on Oversight
and Government Reform.
9195. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-521,
``Jackson H. Gerhart House Designation Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9196. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-522,
``Pedestrian Safety Reinforcement Amendment Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9197. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-523,
``Uniform Adult Guardianship and Protective Proceedings
Jurisdiction Act of 2008,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on Oversight and Government
Reform.
9198. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-524, ``Title
22 Amendment Act of 2008,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on Oversight and Government
Reform.
9199. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-525,
``Appointed Attorney Compensation Act of 2008,'' pursuant to
D.C. Code section 1-233(c)(1); to the Committee on Oversight
and Government Reform.
9200. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-526, ``Fire
Chief Burton W. Johnson Building Designation Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9201. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-527,
``Contract No. DCTO-2007-C-0036 Approval and Payment
Authorization Act of 2008,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on Oversight and Government
Reform.
9202. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-529,
``Designated Appropriation Allocations Temporary Amendment
Act of 2008,'' pursuant to D.C. Code section 1-233(c)(1); to
the Committee on Oversight and Government Reform.
9203. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-528,
``Vacancy Exemption Repeal Clarification Temporary Amendment
Act of 2008,'' pursuant to D.C. Code section 1-233(c)(1); to
the Committee on Oversight and Government Reform.
9204. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-531,
``Targeted Historic Housing Preservation Assistance Temporary
Amendment Act of 2008,'' pursuant to D.C. Code section 1-
233(c)(1); to the Committee on Oversight and Government
Reform.
9205. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-530,
``Washington Parks & People Equitable Real Property Tax
Relief Temporary Act of 2008,'' pursuant to D.C. Code section
1-233(c)(1); to the Committee on Oversight and Government
Reform.
9206. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-533, ``City
Market at O Street Tax Increment Financing Act of 2008,''
pursuant to D.C. Code section 1-233(c)(1); to the Committee
on Oversight and Government Reform.
9207. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-534,
``Performance Parking Pilot Zone Act of 2008,'' pursuant to
D.C. Code section 1-233(c)(1); to the Committee on Oversight
and Government Reform.
9208. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Re-Certification of the
Fiscal Year 2008 Total Non-Dedicated Local Source Revenues in
Support of the District's $327,905,000 General Obligation
Bonds (Series 2008E),'' pursuant to D.C. Code section 47-
117(d); to the Committee on Oversight and Government Reform.
9209. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Letter Report: Audit of
Advisory Neighborhood Commission 1C for Fiscal Years 2005
through 2008, as of March 31, 2008,'' pursuant to D.C. Code
section 47-117(d); to the Committee on Oversight and
Government Reform.
9210. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Letter Report: Examination
of District of Columbia Sports & Entertainment Commission
Contracts and Expenditures for Program Management, Legal and
Financial Management Services,'' pursuant to D.C. Code
section 47-117(d); to the Committee on Oversight and
Government Reform.
9211. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Letter Report: Audit of
Advisory Neighborhood Commission 2E for Fiscal Years 2006
through 2008, as of March 31, 2008,'' pursuant to D.C. Code
section 47-117(d); to the Committee on Oversight and
Government Reform.
9212. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Comparative Analysis of
Actual Cash Collections to the Revised Revenue Estimate
Through the 2nd Quarter of Fiscal Year 2008,'' pursuant to
D.C. Code section 47-117(d); to the Committee on Oversight
and Government Reform.
9213. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Audit of Public Service
Commission Agency Fund for Fiscal Year 2003,'' pursuant to
D.C. Code section 47-117(d); to the Committee on Oversight
and Government Reform.
9214. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Audit of Public Service
Commission Agency Fund for Fiscal Year 2004,'' pursuant to
D.C. Code section 47-117(d); to the Committee on Oversight
and Government Reform.
9215. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Auditor's Review of the
Board of Real Property Assessments and Appeals Operations,''
pursuant to D.C. Code section 47-117(d); to the Committee on
Oversight and Government Reform.
9216. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Eastern Market Management
and Oversight Continues to Need Substantial Improvement,''
pursuant to D.C. Code section 47-

[[Page 24155]]

117(d); to the Committee on Oversight and Government Reform.
9217. A letter from the Auditor, District of Columbia,
transmitting a report entitled, ``Letter Report: Audit of
Advisory Neighborhood Commission 1B for Fiscal Years 2006
through 2008, as of March 31, 2008,'' pursuant to D.C. Code
section 47-117(d); to the Committee on Oversight and
Government Reform.
9218. A letter from the Executive Director, Consumer
Product Safety Commission, transmitting in accordance with
Pub. L. 105-270, the Federal Activities Inventory Reform Act
of 1998 (FAIR Act), the Department's inventory of commerical
activities for fiscal year 2008; to the Committee on
Oversight and Government Reform.
9219. A letter from the Acting Chairman, Consumer Product
Safety Commission, transmitting a letter confirming that the
Commission has adopted and will follow the Office of
Personnel Management (OPM) Advisory Guidelines to take
appropriate disciplinary actions against employees for
conduct inconsistent with Antidiscrimination and
Whistleblower Protection Laws; to the Committee on Oversight
and Government Reform.
9220. A letter from the Chairman, Council of the District
of Columbia, transmitting a copy of D.C. ACT 17-504,
``Lauzun's Legion Bridge Designation Act of 2008,'' pursuant
to D.C. Code section 1-233(c)(1); to the Committee on
Oversight and Government Reform.
9221. A letter from the White House Liaison, Department of
Education, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
9222. A letter from the White House Liaison, Department of
Education, transmitting a report pursuant to the Federal
Vacancies Reform Act of 1998; to the Committee on Oversight
and Government Reform.
9223. A letter from the Acting Assoc. Gen. Counsel for
General Law, Department of Homeland Security, transmitting a
report pursuant to the Federal Vacancies Reform Act of 1998;
to the Committee on Oversight and Government Reform.
9224. A letter from the Program Manager, Department of
Human and Health Services, transmitting the Department's
final rule -- Exemption of Certain Systems of Records Under
the Privacy Act (RIN: 0938-A069) received October 6, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Oversight and Government Reform.
9225. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9226. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9227. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9228. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9229. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9230. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9231. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9232. A letter from the Deputy White House Liaison,
Department of Justice, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9233. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting the Department's
fiscal year 2007 annual report prepared in accordance with
Section 203(a) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (No FEAR Act),
Public Law 107-174; to the Committee on Oversight and
Government Reform.
9234. A letter from the Presidential Appointments Officer,
Department of State, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9235. A letter from the Principal Deputy Assistant
Secretary for Policy and Planning, Department of Veterans
Affairs, transmitting in accordance with Pub. L. 105-270, the
Federal Activities Inventory Reform Act of 1998 (FAIR Act),
the Department's inventory of commercial activities for
calendar year 2007; to the Committee on Oversight and
Government Reform.
9236. A letter from the Chairman, Federal Communications
Commission, transmitting the Commission's Strategic Plan for
fiscal years 2009-2014, pursuant to Government Performance
and Results Act of 1993 and OMB Circular A-11; to the
Committee on Oversight and Government Reform.
9237. A letter from the Chairman, Merit Systems Protection
Board, transmitting the Board's report entitled,
``Alternative Discipline: Creative Solutions for Agencies to
Effectively Address Misconduct,'' pursuant to 5 U.S.C.
1204(a)(3); to the Committee on Oversight and Government
Reform.
9238. A letter from the Executive Director, National
Council on Disability, transmitting the Council's report for
Fiscal Year 2008 pertaining to the Notification and Federal
Anti-Discrimination and Retaliation Act of 2002 (No FEAR
Act); to the Committee on Oversight and Government Reform.
9239. A letter from the Chairman, Occupational Safety and
Health Review Commission, transmitting an updated Strategic
Plan for the Occupational Safety and Health Review
Commission, pursuant to Public Law 103-62; to the Committee
on Oversight and Government Reform.
9240. A letter from the Senior Associate General Counsel,
Office of the Director of National Intelligence, transmitting
a report pursuant to the Federal Vacancies Reform Act of
1998; to the Committee on Oversight and Government Reform.
9241. A letter from the Senior Associate General Counsel,
Office of the Director of National Intelligence, transmitting
a report pursuant to the Federal Vacancies Reform Act of
1998; to the Committee on Oversight and Government Reform.
9242. A letter from the Secretary and Director, Postal
Regulatory Commission, transmitting a report pursuant to the
Federal Vacancies Reform Act of 1998; to the Committee on
Oversight and Government Reform.
9243. A letter from the Inspector General, Office of the
Inspector General, U.S. House of Representatives,
transmitting an audit of the Page School Program; to the
Committee on House Administration.
9244. A letter from the Chief Administrative Officer,
transmitting the quarterly report of receipts and
expenditures of appropriations and other funds for the period
July 1, 2008 through September 30, 2008 as compiled by the
Chief Administrative Officer, pursuant to 2 U.S.C. 104a
Public Law 88-454; (H. Doc. No. 110-151); to the Committee on
House Administration and ordered to be printed.
9245. A letter from the Chief of Police, United States
Capitol Police, transmitting the semiannual report of
receipts and expenditures of appropriations and other funds
for the period April 1, 2008 through September 30, 2008,
pursuant to Public Law 109-55, section 1005; (H. Doc. No.
110-150); to the Committee on House Administration and
ordered to be printed.
9246. A letter from the Acting Assistant Administrator for
Fisheries, NOAA and Director, U.S. Fish and Wildlife Service,
Department of Commerce and Department of the transmitting a
report entitled, ``2007 Biennial Report to Congress on the
Progress and Findings of Studies of Striped Bass
Populations,'' pursuant to 16 U.S.C. 1851, as amended; to the
Committee on Natural Resources.
9247. A letter from the Director, Office of Surface Mining,
Department of the Interior, transmitting the Department's
final rule -- New Mexico Regulatory Program [SATS Number NM-
047-FOR] received November 18, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9248. A letter from the Assistant Secretary -- Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule -- Royalty Relief-Ultra-Deep Gas
Wells and Deep Gas Wells on Leases in the Gulf of Mexico;
Extension of Royalty Relief Provisions to Leases Offshore of
Alaska [Docket ID: MMS-OMM-2007-0071] (RIN: 1010-AD33)
received November 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
9249. A letter from the Director, Office of Surface Mining
Reclamation and Enforcement, Department of the Interior,
transmitting the Department's ``Major'' final rule --
Abandoned Mine Land Program [Docket Id: OSM-2008-0003] (RIN:
1029-AC56) received November 5, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9250. A letter from the Director, Office of Surface Mining,
Department of the Interior, transmitting the Department's
final rule -- Pennsylvania Regulatory Program [PA-152-FOR;
Docket ID: OSM-2008-0019] received October 10, 2008, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural
Resources.
9251. A letter from the Assistant Secretary for Fish and
Wildlife and Parks, Department of the Interior, transmitting
the Department's final rule -- Special Regulation: Areas of
the National Park System, National Capital Region (RIN: 1024-
AD71) received November 12, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9252. A letter from the Acting Chief, Regulatory Affairs,
Department of the Interior, transmitting the Department's
final rule -- Update of Linear Right-of-Way Rent Schedule
[WO-350-07-1430-PN] (RIN: 1004-AD87) received October 27,
2008, pursuant to 5 U.S.C.

[[Page 24156]]

801(a)(1)(A); to the Committee on Natural Resources.
9253. A letter from the Assistant Secretary -- Land and
Minerals Management, Department of the Interior, transmitting
the Department's final rule -- Revisions to Subpart A --
General; Subpart I -- Platforms and Structures; and Subpart J
-- Pipelines and Pipeline Rights-of-Way [Docket ID: MMS-2008-
OMM-0001] (RIN: 1010-AD18) received November 5, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9254. A letter from the Chief, FWS Endangered Species
Listing Branch, Department of the Interior, transmitting the
Department's final rule -- Endangered and Threatend Wildlife
and Plants; Designation of Critical Habitat for the San
Bernardino Kangaroo Rat (Dipodomys merriami parvus) [FWS-R8-
ES-2007-0008; 92210-1117-0000-FY08 B4] (RIN: 1018-AV07)
received October 8, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
9255. A letter from the Regulatory & Policy Specialist,
Department of the Interior, transmitting the Department's
final rule -- Irrigation Operation and Maintenance (RIN:
1076-AD44) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9256. A letter from the Deputy Assistant Administrator for
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's ``Major''
final rule -- Endangered Fish and Wildlife; Final Rule to
Implement Speed Restrictions to Reduce the Threat of Ship
Collisions With North Atlantic Right Whales [Docket No.
040506143-7024-03.] (RIN: 0648-AS36) received October 8,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9257. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska; Hook-
and-Line Gear in the Gulf of Alaska [Docket No.: 071106671-
8010-02] (RIN: 0648-XL33) received November 5, 2008, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural
Resources.
9258. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pollock in Statistical Area 610 of the Gulf of Alaska [Docket
No.: 071106671-8010-02] (RIN: ID 101008B) received November
5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Natural Resources.
9259. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Pacific Halibut Fisheries; Subsistence Fishing; Correction
[Docket No. 080310411-8949-02] (RIN: 0648-AU14) received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
9260. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Atlantic
Surfclam and Ocean Quanhog Fisheries; Suspension of Minimum
Atlantic Surfclam Size Limit for Fishing Year 2009 [Docket
No. 070717342-7713-02] (RIN: 0648-XJ86) received November 7,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9261. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Magnuson-Stevens Act Provisions; Fisheries Off West Coast
States; Pacific Coast Groundfish Fishery; Biennial
Specifications and Management Measures; Inseason Adjustments
[Docket No. 060824226-6322-02] (RIN: 0648-AX30) received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
9262. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Reporting Requirements and Conservation Measures
[Docket No. 0809301285-81289-01] (RIN: 0648-AX31) received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
9263. A letter from the Deputy Assistant Administrator for
Regulatory Progams, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Taking of the Cook Inlet, Alaska, Beluga Whale Stock by
Alaska Natives [Docket No. 080302353-8620-01] (RIN: 0648-
AO16) received October 24, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9264. A letter from the National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Endangered and Threatened Species: Final Protective
Regulations for Threatened Puget Sound Steelhead [Docket No.
070727426-81200-01] (RIN: 0648-AV18) received October 24,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9265. A letter from the Acting Assistant Administrator for
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Sea Turtle Conservation; Shrimp Trawling Requirements
[Docket No. 0809241260-81267-01] (RIN: 0648-XK78) received
November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
9266. A letter from the Acting Director Office of
Sustainable, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pollock in Statistical Area 610 in the Gulf of Alaska [Docket
No. 071106671-8010-02] (RIN: 0648-XL08) received November 5,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9267. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Magnuson-Stevens Fishery Conservation and Management Act
Provision; Fisheries of the Northeastern United States;
Tilefish Fishery [Docket No. 010319075-1217-02] (RIN: 0648-
XK42) received November 5, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9268. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pollock in Statistical Area 630 in the Gulf of Alaska [Docket
No. 071106671-8010-02] (RIN: 0648-XL22) received November 5,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9269. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Atlantic
Bluefish Fishery; Quota Transfer [Docket No. 071212833-8179-
02] (RIN: 0648-XK90) received November 10, 2008, pursuant to
5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources.
9270. A letter from the Acting Assistant Administrator For
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries Off West Coast States; West Coast Salmon
Fisheries; Amendment 14; Essential Fish Habitat Descriptions
for Pacific Salmon [Docket No. 080225278-81191-02] (RIN:
0648-AS96) received November 10, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9271. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Carribean, Gulf of Mexico, and South
Atlantic; Atlantic Coastal Fisheries Cooperative Management
Act Provisions; Atlantic Coast Red Drum Fishery off the
Atlantic States; Transfer of Management Authority [Docket No.
080221249-81231-02] (RIN: 0648-AT13) received November 7,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9272. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Spiny Dogfish
Fishery; Commercial Period 2 Quota Harvested [Docket No.
060418103-6181-02] (RIN: 0648-XL29) received November 7,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9273. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel by Vessels in the Amendment 80 Limited Access
Fishery in the Western Aleutian District of the Bering Sea
and Aleutian Islands Management Area [Docket No. 071106673-
8011-02] (RIN: 0648-XK85) received November 7, 2008, pursuant
to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural
Resources.
9274. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Vessels Catching Pacific Cod for Processing by
the Inshore Component in the Central Regulatory Area of the
Gulf of Alaska [Docket No. 071106671-8010-02] (RIN: 0648-
XK86) received November 4, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9275. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska; Atka
Mackerel in the Bering Sea and Aleutian Islands Management
Area [Docket No. 071106673-8011-02] (RIN: ID 101008A)
received November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
9276. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final

[[Page 24157]]

rule -- Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Cod by Vessels Subject to Amendment 80 Sideboard
Limits in the Western Regulatory Area of the Gulf of Alaska
[Docket No. 070213032-7032-01] (RIN: 0648-XK96) received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Natural Resources.
9277. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Caribbean, Gulf of Mexico, and South
Atlantic; Reef Fish Fishery of the Gulf of Mexico; Reopening
of the 2008 Deepwater Grouper and Tilefish Commercial
Fisheries [Docket No. 040205043-4043-01] (RIN: 0648-XK40)
received November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
9278. A letter from the Deputy Assistant Administrator For
Regulatory Programs, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Atlantic Sea
Scallop Fishery; Framework Adjustment 19; Correcting
Amendment [Docket No. 070817467-81179-04] (RIN: 0648-AV90)
received October 10, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Natural Resources.
9279. A letter from the Deputy Assistant Administrator --
NOAA Fisheries, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Atlantic Highly Migratory Species; Atlantic Tuna
Fisheries; Pelagic and Bottom Longline Fisheries; Gear
Authorization and Turtle Control Devices [Docket No.
070801432-8663-02] (RIN: 0648-AV92) received October 10,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9280. A letter from the Assistant Administrator for
Fisheries, National Oceanic and Atmospheric Administration,
transmitting the Administration's final rule -- Endangered
And Threatened Species; Endangered Status for the Cook Inlet
Beluga Whale [Docket No. 0810141357-81371-01] (RIN: 0648-
XL30) received November 7, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9281. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Exclusive Economic Zone Off Alaska;
Pacific Ocean Perch for Vessels in the Bering Sea and
Aleutian Islands Trawl Limited Access Fishery in the Western
Aleutian District of the Bering Sea and Aleutian Islands
Management Area [Docket No. 070213033-7033-01] (RIN: 0648-
XK77) received October 16, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9282. A letter from the Director Office of Sustainable
Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Closure [Docket No. 080326475-8686-02] (RIN: 0648-
XK61) received October 16, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Natural Resources.
9283. A letter from the Acting Director Office of
Sustainable Fisheries, NMFS, National Oceanic and Atmospheric
Administration, transmitting the Administration's final rule
-- Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Inseason Action to allow use of the
Ruhle Trawl in the Eastern U.S./Canada Area [Docket No.
071004577-8124-02] (RIN: 0648-XJ76) received October 16,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Natural Resources.
9284. A letter from the Chair, Executive Council, Coalition
of National Park Service Retirees, transmitting the
Coalition's report entitled, ``Natural and Cultural Resource
Impacts and Management Consequences of the Proposed
Regulation to Authorize the Possession of Concealed Firearms
in Units of the National Park & National Wildlife Refuge
Systems''; to the Committee on Natural Resources.
9285. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting the report on
the administration of the Foreign Agents Registration Act
covering the six months ending December 31, 2007, pursuant to
22 U.S.C. 621; to the Committee on the Judiciary.
9286. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting a copy of a
report required by Section 202(a)(1)(C) of Pub. L. 107-273,
the ``21st Century Department of Justice Appropriations
Authorization Act,'' related to certain settlements and
injunctive relief, pursuant to 28 U.S.C. 530D Public Law 107-
273, section 202; to the Committee on the Judiciary.
9287. A letter from the Director, Administrative Office of
the U.S. Courts, transmitting a report on compliance by the
United States courts of appeals and district courts with the
time limitations established for deciding habeas corpus death
penalty petitions under Title 1 of the Antiterrorism and
Effective Death Penalty Act of 1996, pursuant to 28 U.S.C.
604(a)(4), (h)(2), and 2412(d)(5); to the Committee on the
Judiciary.
9288. A letter from the Executive Director, Commodity
Futures Trading Commission, transmitting the Commission's
final rule -- Adjustment of Civil Monetary Penalties for
Inflation (RIN: 3038-AC13) received October 24, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
9289. A letter from the Deputy Cheif, Regulatory Management
Division, Department of Homeland Security, transmitting the
Department's final rule -- Period of Admission and Extension
of Stay for Canadian and Mexican Citizens Engaged in
Professional Business Activities-TN Nonimmigrants [CIS No.:
2429-07; DHS Docket No.: USCIS-2007-0056] (RIN: 1615-AB64)
received October 21, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on the Judiciary.
9290. A letter from the Assistant Attorney General for
Administration, Department of Justice, transmitting the 11th
and 12th annual reports on amounts paid to telecommunications
carriers and manufacturers during FY 2005 and FY 2006,
pursuant to Public Law 103-414, section 112 and 401; to the
Committee on the Judiciary.
9291. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting the Department's
report on the Enforcement of Sex Offender Registration
Requirements 2006-2008, pursuant to Public Law 109-248,
section 635; to the Committee on the Judiciary.
9292. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting the Department's
report entitled, ``Report to the Nation 2007,'' pursuant to
Section 1407(g) of the Victims of Crime Act of 1984; to the
Committee on the Judiciary.
9293. A letter from the Principal Deputy Assistant Attorney
General, Department of Justice, transmitting a copy of the
District Court's decision not to appeal the interlocutory
decision entitled, ``United States v. Christopher S. Handley,
No. 1:07-cr-00030-JEG (S.D. Iowa),'' pursuant to 28 U.S.C.
530D; to the Committee on the Judiciary.
9294. A letter from the Assistant Secretary Legislative
Affairs, Department of State, transmitting the Department's
final rule -- Uncertified Foreign Health-Care Workers [Public
Notice--] (RIN: 1400-AB68) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the
Judiciary.
9295. A letter from the Major, U.S. Marine Corps (Ret.)
Corporation Agent, Legion of Valor, Legion of Valor of the
United States of America, Inc., transmitting a copy of the
Legion's annual audit as of April 30, 2008, pursuant to 36
U.S.C. 1101(28) and 1103; to the Committee on the Judiciary.
9296. A letter from the Staff Director, Sentencing
Commission, transmitting a report on the compliance of the
federal district courts with documentation submission
requirements on sentencing, pursuant to 28 U.S.C. 994(w)(1);
to the Committee on the Judiciary.
9297. A letter from the Staff Director, United States
Sentencing Commission, transmitting a report of amendments to
the federal sentencing guidelines in response to the
Emergency Disaster Assistance Fraud Penalty Enhancement Act
of 2007, pursuant to 28 U.S.C. 994(o); to the Committee on
the Judiciary.
9298. A letter from the Administrator, Department of
Homeland Security, transmitting notification that funding
under Title V, subsection 503(b)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended, has
exceeded $5 million for the cost of response and recovery
efforts for FEMA-3294-EM in the State of Texas, pursuant to
42 U.S.C. 5193; to the Committee on Transportation and
Infrastructure.
9299. A letter from the Administrator, Department of
Homeland Security, transmitting notification that funding
under Title V, subsection 503(b)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended, has
exceeded $5 million for the cost of response and recovery
efforts for FEMA-3288-EM in the State of Florida, pursuant to
42 U.S.C. 5193; to the Committee on Transportation and
Infrastructure.
9300. A letter from the Administrator, Department of
Homeland Security, transmitting notification that funding
under Title V, subsection 503(b)(3) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended, has
exceeded $5 million for the cost of response and recovery
efforts for FEMA-3295-EM in the State of Louisiana, pursuant
to 42 U.S.C. 5193; to the Committee on Transportation and
Infrastructure.
9301. A letter from the Secretary, Department of
Transportation, transmitting the National Plan of Integrated
Airport Systems (NPIAS), 2009-2013, pursuant to 49 U.S.C.
app. 2203(b)(1); to the Committee on Transportation and
Infrastructure.
9302. A letter from the Staff Assistant, NHTSA, Department
of Transportation, transmitting the Department's final rule
-- Federal Motor Vehicle Saftey Standards; Designated Seating
Positions and Seat Belt Assembly Anchorages [Docket No.:
NHTSA 2008-0059] (RIN: 2127-AI94) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9303. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Modification

[[Page 24158]]

of Certain Medical Standards and Procedures and Duration of
Certain Medical Certificates; Correcting Amendment [Docket
No.: FAA-2007-27812; Amendment No. 61-121] (RIN: 2120-AI91)
received October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9304. A letter from the Regulations Officer, Federal
Highway Administration, Department of Transportation,
transmitting the Department's final rule -- Projects of
National and Regional Significance Evaluation and Rating
[Docket No.: FHWA-05-23393] (RIN: 2125-AF08) received October
27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9305. A letter from the Alternate Liaison, Federal Register
Publications, Department of Transportation, transmitting the
Department's final rule -- Pipeline Saftey: Standards for
Increasing the Maximum Allowable Operating Pressure for Gas
Transmission Pipelines [Docket No.: PHMSA-2005-23447] (RIN:
2137-AE25) received October 27, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9306. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30621; Amdt. No.: 3281] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9307. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's ``Major'' final
rule -- Congestion Management Rule for John F. Kennedy
International Airport and Newark Liberty International
Airport [Docket No. FAA-2008-0517; Amdt. No. 93-88] (RIN:
2120-AJ28) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9308. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's ``Major'' final
rule -- Congestion Management Rule for LaGuardia Airport
[Docket No. FAA-2006-25709; Amendment No. 93-87] (RIN: 2120-
AI70) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9309. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedure, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30624; Amdt. No.: 3284] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9310. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30627; Amdt. No. 3286] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9311. A letter from the Program Anaylst, Department of
Transportation, transmitting the Department's final rule --
Aviation Saftey Inspector Airport Access [Docket No.: FAA-
2007-29237; Amendment No. 153-1] (RIN: 2120-AJ07) received
October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9312. A letter from the Attorney, Department of
Transportation, transmitting the Department's final rule --
Nondiscrimination on the Basis of Disability in Air Travel
[Dockets OST-2004-19482; OST-2005-22298; OST-2006-23999]
(RINs: 2105-AC97; 2105-AC29; 2105-AD41] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9313. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Standards; Engine Control System Requirements
[Docket No.: FAA-2007-27311, Amendment No. 33-26] (RIN: 2120-
AI94) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9314. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Preformance and Handling Qualities Requirements for
Rotorcraft; Correcting Amendment [Docket No.: FAA-2006-25414;
Amendment No. 27-44] (RIN: 2120-AH87) received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9315. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedure, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30623; Amendment No. 3283] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9316. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30625; Amendment No. 3285] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9317. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approah Procedures, and Takeoff Minimus
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30622; Amendment No. 3282] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9318. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
IFR Altitudes; Miscellaneous Amendments [Docket No.: 30626;
Amendment No. 476] received October 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9319. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bell Helicopter Textron Canada
Model 222, 222B, 222U, 230, and 430 Helicopters [Docket No.:
FAA-2008-0449; Directorate Identifer 2007-SW-10-AD; Amendment
39-15669; AD 2008-19-02] (RIN: 2120-AA64) received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9320. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Dassault Model Falcon 10 Airplanes
[Docket No.: FAA-2008-0674; Directorate Identifer 2008-NM-
086-AD; Amendment 39-15675; AD 2008-19-08] (RIN: 2120-AA64)
received October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9321. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30617; Amendment No. 3277] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9322. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; EADS SOCATA Model TBM 700 Airplanes
[Docket No. FAA-2008-0974; Directorate Identifier 2008-CE-
048-AD; Amendment 39-15673; AD 2008-19-06] (RIN: 2120-AA64)
received October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9323. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Turbomeca S.A. Arrius 2B1, 2B1A,
2B2, and 2K1 Turboshaft Engines [Docket No. FAA-2008-0461;
Directorate Identifier 2008-NE-14-AD; Amendment 39-15678; AD
2008-19-11] (RIN: 2120-AA64) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9324. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-300, -400, and -
500 Series Airplanes [Docket No. FAA-2008-0947; Directortate
Identifier 2008-NM-154-AD; Amendment 39-15670; AD 2008-19-03]
(RIN: 2120-AA64) received October 27, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9325. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-100, -200, -200C,
-300, -400, and -500 Series Airplanes [Docket No. FAA-2008-
0149; Directorate Identifier 2007-NM-319-AD; Amendment 39-
15651; AD 2008-17-13] (RIN: 2120-AA64) received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9326. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Hawker Beechcraft Corporation Model
BAe.125 Series 800A (including C-29A and U-125) Airplanes,
and Hawker Beechcraft Model Hawker 800XP Airplanes [Docket
No. FAA-2008-0976; Directorate Identifier 2008-NM-145-AD;
Amendment 39-15685; AD 2008-21-01] (RIN: 2120-AA64) received
October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9327. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Hawker Beechcraft Corporation Model
390 Airplanes [Docket No. FAA-2008-1067; Directorate
Identifier 2008-CE-052-AD; Amendment 39-15688; AD 2008-21-04]
(RIN: 2120-AA64) received October 27, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9328. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 767-200, -300, and -
400ER Series Airplanes [Docket No. FAA-2008-0302; Directorate
Idenfitier 2007-NM-323-

[[Page 24159]]

AD; Amendment 39-15689; AD 2008-21-05] (RIN: 2120-AA64)
received October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9329. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-600, -700, -700C,
-800 and -900 Series Airplanes Equipped with CFM56-7 Engines
[Docket No. FAA-2008-0147; Directorate Identifier 2007-NM-
294-AD; Amendment 39-15686; AD 2008-21-02] (RIN: 2120-AA64)
received October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9330. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 737-300, -400, and -
500 Series Airplanes [Docket No. FAA-2008-0357; Directorate
Identifier 2008-NM-005-AD; Amendment 39-15687; AD 2008-21-03]
(RIN: 2120-AA64) received October 27, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9331. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; MD Helicopters, Inc. Model 600N
Helicopters [Docket No. FAA-2008-0835; Directorate Identifier
2008-SW-34-AD; Amendment 39-15684; AD 2008-20-05] (RIN: 2120-
AA64) received October 27, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9332. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Air Tractor, Inc. Models AT-402,
AT-402A, and AT-402B Airplanes [Docket No. FAA-2008-0749;
Directorate Identifier 2008-CE-044-AD; Amendment 39-15692; AD
2008-21-08] (RIN: 2120-AA64) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9333. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model CL-600-1A11 (CL-
600), CL-600-2A12 (CL-601), CL-600-2B16 (CL-601-3A, CL-601-
3R, & CL-604 (Including CL-605 Marketing Variant)) Airplanes,
and Model CL-600-2B19 (Regional Jet Series 100 & 440)
Airplanes [Docket No. FAA-2008-1096; Directorate Identifier
2008-NM-158-AD; Amendment 39-15693; AD 2008-21-09] (RIN:
2120-AA64) received October 27, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9334. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 747-400, 747-400D, and
747-400F Series Airplanes [Docket No. FAA-2008-0640;
Directorate Identifier 2008-NM-070-AD; Amendment 39-15690; AD
2008-21-06] (RIN: 2120-AA64) received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9335. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Various Transport Category
Airplanes Equipped with Auxiliary Fuel Tanks Installed in
Accordance with Certain Supplemental Type Certificates
[Docket No. FAA-2008-0298; Directorate Identifier 2007-NM-
316-AD; Amendment 39-15696; AD 2008-22-01] (RIN: 2120-AA64)
received October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Transportation and Infrastructure.
9336. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Harco Labs, Inc. Pilot/AOA Probes
(Part Numbers 100435-39, 100435-39-001, 100435-40, and
100435-40-001) [Docket No. FAA-2008-0955; Directorate
Identifier 2008-CE-040- AD; Amendment 39-15668; AD 2008-19-
01] (RIN: 2120-AA64) received October 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9337. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model MD-90-30
Airplanes [Docket No. FAA-2008-0946; Directorate Identifier
2008-NM-147-AD; Amendment 39-15667; AD 2008-18-10] (RIN:
2120-AA64) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9338. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Rolls-Royce plc RB211-524 Series
Turbofan Engines; Correction [Docket No. FAA-2007-0036;
Directorate Identifier 2007-NE-22-AD; Amendment 39-15636; AD
2008-16-18] (RIN: 2120-AA64) received October 9, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9339. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Boeing Model 747 Airplanes [Docket
No. FAA-2008-0091; Directorate Identifier 2007-NM-311-AD;
Amendment 39-15666; AD 2008-18-09] (RIN: 2120-AA64) received
October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9340. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes [Docket
No. FAA-2008-0562; Directorate Identifier 2008-NM-010-AD;
Amendment 39-15658; AD 2008-18-01] (RIN: 2120-AA64) received
October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9341. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Bombardier Model DHC-8-400 Series
Airplanes [Docket No. FAA-2008-0356; Directorate Identifier
2008-NM-042-AD; Amendment 39-15661; AD 2008-18-04] (RIN:
2120-AA64) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9342. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; Airbus Model A330-200, A330-300,
and A340-300 Series Airplanes [Docket No. FAA-2008-0672;
Directorate Identifier 2008-NM-032-AD; Amendment 39-15660; AD
2008-18-03] (RIN: 2120-AA64) received October 9, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9343. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes [Docket No. FAA-2008-0407; Directorate Identifier
2008-NM-002-AD; Amendment 39-15662; AD 2008-18-05] (RIN:
2120-AA64) received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9344. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Revision of Restricted Area 5107A; White Sands Missile Range,
NM [Docket No. FAA-2008-0628; Airspace Docket No. 07-ASW-15]
(RIN: 2120-AA66) received October 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9345. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Change of Using Agency for Restricted Area R-3807, Glencoe,
LA [Docket No. FAA-2008-0939; Airspace Docket No. 08-ASW-7]
(RIN: 2120-AA66) received October 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9346. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Low Altitude Area Navigation Route (T-
Route): Southwest Oregon [Docket No. FAA-2008-0419; Airspace
Docket No. 08-ANM-3] (RIN: 2120-AA66) received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9347. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establish Class E Airspace; Point Roberts, WA [Docket No.
FAA-2007-29036; Airspace Docket No. 07-ANM-13] received
October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9348. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Modification of Area Navigation Route Q-110 and Jet Route J-
73; Florida [Docket No. FAA-2008-0187; Airspace Docket No.
07-ASO-27] received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9349. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Revocation of Class E Airspace; Luke AFB, Phoenix, AZ [Docket
No. FAA-2008-0204; Airspace Docket No. 08-AWP-5] received
October 9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9350. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Low Altitude Area Navigation Routes (T-
Routes); Sacramento and San Francisco, CA [Docket No. FAA-
2008-0037; Airspace Docket No. 07-AWP-6] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9351. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Modification and Establishment of Restricted Areas and Other
Special Use Airspace, Adirondack Airspace Complex; Fort Drum,
NY [Docket No. FAA-2006-26192; Airspace Docket No. 06-ASO-11]
(RIN: 2120-AA66) received October 9, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9352. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Class E Airspace; Hinton, OK [Docket No.
FAA-2008-0328; Airspace Docket No. 08-ASW-4] received October
9, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9353. A letter from the Senior Attorney Advisor, Department
of Transportation, transmitting the Department's final rule
-- Implementation of Program for Capital Grants for

[[Page 24160]]

Rail Line Relocation and Improvements Projects [Docket No.:
FRA 2005-23774, Notice No. 2] (RIN: 2130-AB74) received
October 27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9354. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Modification of Certain Medical Standards and Procedures and
Duration of Certain Medical Certificates [Docket No.: FAA-
2007-27812; Amendment Nos. 61-121, 65-52, 67-20, and 183-13
(RIN: 2120-AI91) received October 27, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9355. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Modification of Area Navigation Route Q-110 and Jet Route J-
73; Florida [Docket No. FAA-2008-0187; Airspace Docket No.
07-ASO-27] received October 9, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Transportation and
Infrastructure.
9356. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Class E Airspace; Milford, PA [Docket No.
FAA-2008-0160; Airspace Docket No. 08-AEA-13] received
October 19, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Transportation and Infrastructure.
9357. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Reduction of Fuel Tank Flammability in Transport Category
Airplanes [Docket No.: FAA-2005-22997; Amendment Nos. 25-125,
26-2, 121-340, 125-55 and 129-46] (RIN: 2120-AI23) October
27, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee
on Transportation and Infrastructure.
9358. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Establishment of Class D Airspace; San Bernadino
International Airport, San Bernardino, CA [Docket No. FAA-
2008-0211; Airspace Docket No. 08-AWP-3] received October 9,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9359. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No. 30628; Amdt No. 3287] received October 27, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9360. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No. 30630; Amendment No. 3289] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9361. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30632; Amendment No. 3291] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9362. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No.: 30629; Amendment No. 3288] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9363. A letter from the Program Analyst, Department of
Transportation, transmitting the Department's final rule --
Standard Instrument Approach Procedures, and Takeoff Minimums
and Obstacle Departure Procedures; Miscellaneous Amendments
[Docket No. 30631; Amendment No. 3290] received October 27,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Transportation and Infrastructure.
9364. A letter from the Assistant Secretary of the Army
(Civil Works), Department of the Army, transmitting a report
entitled, ``Terrestrial Wildlife Habitat Restoration Plan for
Oahe/Sharpe Reservoirs, South Dakota''; to the Committee on
Transportation and Infrastructure.
9365. A letter from the Deputy Chief Counsel for NIST,
Department of Commerce, transmitting the Department's final
rule -- Technology Innovation Program (TIP) Notice of
Availability of Funds and Announcement of Public Meetings
(Proposers' Conferences) [Docket No.: 080626784-8786-01]
(RIN: 0693-ZA82) received October 16, 2008, pursuant to 5
U.S.C. 801(a)(1)(A); to the Committee on Science and
Technology.
9366. A letter from the Deputy Assistant Administrator for
Satellite and Information Services, National Oceanic and
Atmospheric Administration, transmitting the Administration's
final rule -- Licensing of Private Land Remote-Sensing Space
Systems [Docket No.: 050204028-6015-02] received July 22,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Science and Technology.
9367. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Schedule for Rating Disabilities; Eye (RIN:
2900-AH43) received November 5, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Veterans' Affairs.
9368. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Grants to States for Construction and
Acquisition of State Home Facilities (RIN: 2900-AJ43)
received October 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Veterans' Affairs.
9369. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Posttraumatic Stress Disorder (RIN: 2900-AN04)
received October 29, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Veterans' Affairs.
9370. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Board of Veterans' Appeals: Expedited Claims
Adjudication Initiative -- Pilot Program (RIN: 2900-AM77)
received November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Veterans' Affairs.
9371. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Civilian Health and Medical Program of the
Department of Veterans Affairs (RIN: 2900-AM22) received
November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
9372. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Disclosure of Information to Organ, Tissue and
Eye Procurement Organizations (RIN: 2900-AM65) received
November 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
9373. A letter from the Director of Regulations Management,
Department of Veterans Affairs, transmitting the Department's
final rule -- Dental Care-Provision of One-Time Outpatient
Dental Care for Certain Veterans (RIN: 2900-AM95) received
October 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the
Committee on Veterans' Affairs.
9374. A letter from the Chairman, Social Security Advisory
Board, transmitting the Board's annual report for 2007,
pursuant to 42 U.S.C. 904; to the Committee on Ways and
Means.
9375. A letter from the Secretary, Department of Health and
Human Services, transmitting the Department's report
entitled, ``Assets for Independence Demonstration Program:
Status at the Conclusion of the Eighth Year,'' pursuant to
Public Law 105-285; to the Committee on Ways and Means.
9376. A letter from the Administrator, Office of Workforse
Securities, ETA, DOL, Department of Labor, transmitting the
Department's final rule -- Federal-State Unemployment
Compensation (UC) Program; Interstate Arrangement for
Combining Employment and Wages; Final Rule (RIN: 1205-AB51)
received November 5, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
9377. A letter from the Director, Statutory Import Programs
Staff, Depatment of Commerce, transmitting the Department's
final rule -- Changes in the Insular Possessions Watch, Watch
Movement and Jewelry Programs 2008 [Docket No.: 080716841-
81292-02] (RIN: 0625-AA80) Rrceived November 5, 2008,
pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways
and Means.
9378. A letter from the Chief, Publication and Regulations
Branch, Internal Revenue Service, transmitting the Service's
final rule -- Tier 1 Issue -- Government Settlements
Directive #3 [LMSB No: 4-0908-046 Impacted IRM 4.51.5]
received October 6, 2008, pursuant to 5 U.S.C. 801(a)(1)(A);
to the Committee on Ways and Means.
9379. A letter from the Deputy Chief Counsel for
Regulations, Department of Homeland Security, transmitting
the Department's ``Major'' final rule -- Secure Flight
Program [Docket No. TSA-2007-28572; Amendment Nos. 1540-9,
1544-8, and 1560-(New)] (RIN: 1652-AA45) received November 5,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on
Homeland Security.
9380. A letter from the Chief, Trade and Commercial
Regulations Branch, Department of Homeland Security,
transmitting the Department's final rule -- Advance
Information on Private Aircraft Arriving and Departing the
United States [Dokect No.: USCBP-2007-0064] (RIN: 1651 --
AA41) received November 12, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); to the Committee on Homeland Security.
9381. A letter from the Chairman, Defense Nuclear
Facilities Safety Board, transmitting the Board's Sixth
Quarterly Report on the Status of Significant Unresolved
Issues with the Department of Energy's Design and
Construction Projects, as required in House Conference Report
109-702, Section 3201; jointly to the Committees on Armed
Services and Appropriations.
9382. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
``Major''

[[Page 24161]]

final rule -- Medicare Program; Payment Policies Under the
Physician Fee Schedule and Other Revisions to Part B for CY
2009; E-Prescribing Exemption for Computer-Generated
Facsimile Transmissions; and Payment for Certain Durable
Medical Equipment, Prosthetics, Orthotics, and Supplies
(DMEPOS) [[CMS-1403-FC] [CMS-1270-F2]] (RIN: 0938-AP18, 0938-
AN14) received October 30, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); jointly to the Committees on Energy and
Commerce and Ways and Means.
9383. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
``Major'' final rule -- Medicare Program: Changes to the
Hospital Outpatient Prospective Payment System and CY 2009
Payment Rates; Changes to the Ambulatory Surgical Center
Payment System and CY 2009 Payment Rates; Hospital Conditions
of Participation; Requirements for Approval and Re-Approval
of Transplant Centers to Perform Organ Transplants --
Clarification of Provider and Supplier Termination Policy
Medicare and Medicaid Programs; Changes to the Ambulatory
Surgical Center Conditions for Coverage [[CMS-1404-FC]; [CMS-
3887-F]; [CMS-3835-F-1]] (RIN: 0938-AP17; 0938-AL80; 0938-
AH17) Received October 30, 2008, pursuant to 5 jointly to the
Committees on Energy and Commerce and Ways and Means.
9384. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicaid Program; Multiple Source Drug
Definition [CMS-2238-F] (RIN: 0938-AP26) received October 6,
2008, pursuant to 5 U.S.C. 801(a)(1)(A); jointly to the
Committees on Energy and Commerce and Ways and Means.
9385. A letter from the Regulations Coordinator, Department
of Health and Human Services, transmitting the Department's
final rule -- Medicare Program; Revisions to the Medicare
Advantage and Prescription Drug Benefit Programs:
Clarification of Compensation Plan [CMS-4138-IFC2] (RIN:
0938-AP52) received November 10, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); jointly to the Committees on Energy and
Commerce and Ways and Means.
9386. A letter from the Inspector General, Special
Inspector General for Iraq Reconstruction, transmitting the
October 2008 Quarterly Report pursuant to Section 3001(i) of
Title III of the 2004 Emergency Supplemental Appropriations
for Defense and for the Reconstruction of Iraq and
Afghanistan (Pub. L. 108-106) as amended by Pub. L. 108-375,
Pub. L. 109-102, Pub. L. 109-364, Pub. L. 109-440, Pub. L.
110-28, and Pub. L. 110-181; jointly to the Committees on
Foreign Affairs and Appropriations.
9387. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicare Program; Termination of Non-Random
Prepayment Complex Medical Review [CMS-6022-F] (RIN: 0938-
AN31) received October 6, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); jointly to the Committees on Ways and Means and
Energy and Commerce.
9388. A letter from the Program Manager, Department of
Health and Human Services, transmitting the Department's
final rule -- Medicare Program; Home Health Prospective
PAyment System Rate Update for Calendar Year 2009 [CMS-1555-
N] (RIN: 0938-AP20) received October 30, 2008; jointly to the
Committees on Ways and Means and Energy and Commerce.
9389. A letter from the Assistant Secretary, Employee
Benefits Administration, Internal Revenue Service,
transmitting the Service's final rule -- Final Rules for
Group Health Plans and Health Insurance Issuers under the
Newborns' and Mothers' Health Protection Act [TD 9427] (RIN:
1545-BG82) received October 21, 2008, pursuant to 5 U.S.C.
801(a)(1)(A); jointly to the Committees on Energy and
Commerce, Ways and Means, and Education and Labor.

____________________

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. MARKEY: Select Committee on Energy Independence and
Global Warming: Final Staff Report for the 110th Congress
(Rept. 110-915). Referred to the Committee of the Whole House
on the State of the Union.

____________________

PUBLIC BILLS AND RESOLUTIONS

Under clause 2 of rule XII, public bills and resolutions of the
following titles were introduced and severally referred, as follows:

By Mr. BROWN of South Carolina:
H.R. 7272. A bill to prohibit the use of funds to transfer
individuals detained by the United States at Naval Station,
Guantanamo Bay, Cuba, to Naval Consolidated Brig, Charleston,
South Carolina; to the Committee on Armed Services.
By Mr. PASCRELL (for himself and Mr. LaTourette):
H.R. 7273. A bill to amend the Internal Revenue Code of
1986 to allow an above-the-line deduction against individual
income tax for interest on indebtedness and for State and
local sales and excise taxes with respect to the purchase of
certain motor vehicles; to the Committee on Ways and Means.
By Mr. PASCRELL (for himself, Mr. Platts, and Ms.
Jackson-Lee of Texas):
H.R. 7274. A bill to amend title III of the Public Health
Service Act to provide for the establishment and
implementation of concussion management guidelines with
respect to student athletes, and for other purposes; to the
Committee on Energy and Commerce.
By Mr. ISSA (for himself, Mr. Burton of Indiana, Mr.
Bilbray, Mr. Shays, Ms. Ginny Brown-Waite of Florida,
Mr. Souder, Mr. Gallegly, Mr. Tom Davis of Virginia,
and Mr. Akin):
H.R. 7275. A bill to establish the Financial Oversight
Commission, and for other purposes; to the Committee on
Financial Services.
By Mr. NEUGEBAUER (for himself, Mr. Price of Georgia,
Mr. Wilson of South Carolina, Mr. Jones of North
Carolina, Mr. Goodlatte, Mrs. Blackburn, Mr. Flake,
Mr. Paul, Mr. Hensarling, Mr. Conaway, Mr. Lamborn,
and Mr. McCaul of Texas):
H.R. 7276. A bill to amend the Emergency Economic
Stabilization Act of 2008 to require prior approval by the
Congress for expenditures from the third tranche, and for
other purposes; to the Committee on Financial Services.
By Mr. FRELINGHUYSEN (for himself and Mr. Bachus):
H.R. 7277. A bill to suspend the beginning date for
required distributions from certain retirement plans, and for
other purposes; to the Committee on Ways and Means.
By Mr. RUPPERSBERGER:
H.R. 7278. A bill to suspend the beginning date for
required distributions from defined contribution plans based
on attainment of age 70 1/2, to waive the 10 percent penalty
on withdrawals from qualified retirement plans during 2008
and 2009 for financial hardship, and for other purposes; to
the Committee on Ways and Means.
By Mrs. BIGGERT:
H.R. 7279. A bill to provide for a 3-year suspension of the
minimum distribution requirements for defined contribution
plans; to the Committee on Ways and Means.
By Mrs. GILLIBRAND:
H.R. 7280. A bill to amend part D of title IV of the Social
Security Act to prohibit States from charging child support
recipients for the collection of child support; to the
Committee on Ways and Means.
By Mr. HASTINGS of Florida:
H.R. 7281. A bill to direct the Election Assistance
Commission to make grants to States to carry out election
administration improvement plans; to the Committee on House
Administration.
By Mr. HELLER (for himself and Ms. Berkley):
H.R. 7282. A bill to promote conservation and provide for
sensible development in Carson City, Nevada, and for other
purposes; to the Committee on Natural Resources, and in
addition to the Committee on Armed Services, 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. KING of New York:
H.R. 7283. A bill to amend the Internal Revenue Code of
1986 to increase the age at which distributions from
qualified retirement plans are required to begin from 70 1/2
to 75, and for other purposes; to the Committee on Ways and
Means.
By Mr. LEWIS of Georgia:
H.R. 7284. A bill to amend the Clean Air Act to reduce
greenhouse gas emissions from transportation fuel sold in the
United States; to the Committee on Energy and Commerce.
By Mr. LEWIS of Georgia:
H.R. 7285. A bill to amend title II of the Social Security
Act to provide for an increase in the maximum level of fees
authorized to be charged by representatives with respect to
claims of entitlement to past-due benefits and to require
cost-of-living adjustments to such level of authorized fees;
to the Committee on Ways and Means.
By Mrs. MALONEY of New York (for herself, Mr. Crowley,
Mr. Weiner, Mr. Higgins, Mr. Ackerman, Mr. Walsh of
New York, Mr. Serrano, Mr. Reynolds, Mrs. McCarthy of
New York, Mr. Engel, Mr. King of New York, Mr.
Hinchey, Mr. Nadler, Mrs. Lowey, Mrs. Gillibrand, Mr.
McNulty, Mr. Israel, Ms. Slaughter, Mr. Towns, Mr.
Bishop of New York, Mr. McHugh, and Mr. Arcuri):
H.R. 7286. A bill to designate the facility of the United
States Postal Service located at 46-02 21st Street in Long
Island City, New York, as the ``Geraldine Ferraro Post Office
Building''; to the Committee on Oversight and Government
Reform.
By Ms. MATSUI (for herself, Mr. McGovern, and Ms.
Roybal-Allard):
H.R. 7287. A bill to amend the Public Health Service Act to
establish a Wellness Trust; to the Committee on Energy and
Commerce.
By Ms. MATSUI:
H.R. 7288. A bill to allow flood insurance coverage under
the national flood insurance program for new structures
designed to protect public safety that are located in special

[[Page 24162]]

flood hazard zones, and for other purposes; to the Committee
on Financial Services.
By Mrs. McCARTHY of New York:
H.R. 7289. A bill to provide grants to promote financial
literacy; to the Committee on Education and Labor.
By Mr. MICHAUD:
H.R. 7290. A bill to amend the Internal Revenue Code of
1986 to expand the credit for renewable electricity
production to include electricity produced from biomass for
on-site use; to the Committee on Ways and Means.
By Ms. NORTON:
H.R. 7291. A bill to direct the Secretary of Homeland
Security to develop and construct a facility on the campus of
Saint Elizabeths Hospital in the District of Columbia to
serve as the headquarters for the United States Coast Guard;
to the Committee on Transportation and Infrastructure.
By Mr. ROHRABACHER:
H.R. 7292. A bill to amend the Internal Revenue Code of
1986 to exclude from gross income compensation received by
employees consisting of qualified distributions of employer
stock; to the Committee on Ways and Means.
By Mr. SESTAK:
H.R. 7293. A bill to suspend for 2008 and 2009 the required
minimum distribution requirements with respect to certain
defined contribution plans to the extent the interest of an
individual in such plans does not exceed $300,000; to the
Committee on Ways and Means.
By Mr. SMITH of Washington:
H.R. 7294. A bill to amend title 10, United States Code, to
expand the authorized concurrent receipt of disability
severance pay from the Department of Defense and compensation
for the same disability under any law administered by the
Department of Veterans Affairs to cover all veterans who have
a combat-related disability, as defined under section 1413a
of such title; to the Committee on Armed Services.
By Ms. FOXX (for herself, Mr. Lamborn, Mr. Poe, Mr.
Issa, Mr. Latta, Mr. Paul, Mr. Bartlett of Maryland,
Mr. Flake, Mr. Conaway, and Mr. McCaul of Texas):
H.J. Res. 101. A joint resolution relating to the
disapproval of obligations under the Emergency Economic
Stabilization Act of 2008; to the Committee on Financial
Services.
By Ms. LEE (for herself, Mr. Grijalva, Ms. Corrine
Brown of Florida, Ms. Eddie Bernice Johnson of Texas,
Mr. Moran of Virginia, Mrs. Maloney of New York, Ms.
Bordallo, Mr. Towns, Ms. Clarke, Mr. Lewis of
Georgia, Ms. Jackson-Lee of Texas, Mr. McDermott, Mr.
Butterfield, Mr. Stark, Ms. Schakowsky, Ms. Woolsey,
Ms. Edwards of Maryland, Mr. Scott of Virginia, Ms.
Moore of Wisconsin, Mr. Carson, Ms. Richardson, Mr.
Hastings of Florida, Mr. McGovern, Ms. Kilpatrick,
Mr. Meeks of New York, Ms. Castor, Mrs. Christensen,
Mr. Jefferson, Ms. McCollum of Minnesota, Mr. Holden,
Mr. Davis of Illinois, Ms. Watson, Mr. Foster, Mr.
Hinchey, Mr. Ellison, Mr. Serrano, Ms. Roybal-Allard,
Mr. Meek of Florida, Mr. Fattah, Mr. Rangel, Mr.
Berman, Mr. Al Green of Texas, Mr. Rush, and Ms.
Matsui):
H. Res. 1529. A resolution acknowledging the 40th
anniversary of the election of Shirley Anita St. Hill
Chisholm, the first African-American woman in Congress; to
the Committee on House Administration.
By Mr. ROYCE (for himself, Ms. Loretta Sanchez of
California, Mr. Rohrabacher, Ms. Zoe Lofgren of
California, and Mr. Smith of New Jersey):
H. Res. 1530. A resolution calling on the State Department
to list the Socialist Republic of Vietnam as a ``Country of
Particular Concern'' with respect to religious freedom; to
the Committee on Foreign Affairs.

____________________

MEMORIALS

Under clause 3 of rule XII, memorials were presented and referred as
follows:

374. The SPEAKER presented a memorial of the Senate of
Pennsylvania, relative to Senate Resolution No. 406
establishing ``Hydrocephalus Awareness Month''; to the
Committee on Energy and Commerce.
375. Also, a memorial of the Senate of Pennsylvania,
relative to Senate Resolution No. 375 dealing with natural
gas markets; to the Committee on Energy and Commerce.
376. Also, a memorial of the Senate of California, relative
to Senate Joint Resolution No. 17 relating to the ecumenical
patriarchate; to the Committee on Foreign Affairs.
377. Also, a memorial of the Senate of Michigan, relative
to Senate Resolution No. 222, memorializing the Congress of
the United States to enact legislation to help revitalize the
economy in states with exceptionally high rates of
unemployment by the creation of a Recovery State Renaissance
Zone Act; to the Committee on Ways and Means.

____________________

PRIVATE BILLS AND RESOLUTIONS

Under clause 3 of rule XII,

Mr. GUTIERREZ introduced a bill (H.R. 7295) for the relief
of Francisca Lino; which was referred to the Committee on the
Judiciary.

____________________

ADDITIONAL SPONSORS

Under clause 7 of rule XII, sponsors were added to public bills and
resolutions as follows:

H.R. 154: Mr. Rothman.
H.R. 279: Mrs. Myrick.
H.R. 468: Mr. Crowley.
H.R. 661: Mr. Aderholt and Mr. Brady of Pennsylvania.
H.R. 741: Mr. Westmoreland.
H.R. 891: Mr. Aderholt.
H.R. 962: Mr. Rothman.
H.R. 1280: Mrs. Davis of California, Mr. Aderholt, Mr.
Brady of Pennsylvania, and Mrs. Tauscher.
H.R. 1524: Ms. Giffords.
H.R. 1606: Mr. Cohen.
H.R. 1801: Mr. Kirk.
H.R. 1921: Mr. Meeks of New York.
H.R. 2052: Mr. Levin.
H.R. 2390: Mrs. Maloney of New York.
H.R. 2495: Mr. Filner.
H.R. 2567: Mr. Rogers of Alabama.
H.R. 3001: Mr. Fattah.
H.R. 3212: Mr. Hare and Mr. Cohen.
H.R. 3234: Mrs. Biggert.
H.R. 3294: Mr. Fattah.
H.R. 3334: Mr. Rothman and Mr. Higgins.
H.R. 3404: Mr. Murphy of Connecticut.
H.R. 3457: Mrs. Gillibrand.
H.R. 3652: Mr. Cummings.
H.R. 3750: Mr. Moore of Kansas.
H.R. 3753: Mr. Wamp.
H.R. 3834: Mr. Rothman.
H.R. 3995: Mr. Culberson.
H.R. 4048: Ms. McCollum of Minnesota.
H.R. 4450: Mr. Carney.
H.R. 5028: Mrs. Maloney of New York.
H.R. 5191: Mr. McCaul of Texas.
H.R. 5447: Mr. Cummings.
H.R. 5573: Mr. Hinchey and Mr. Hall of New York.
H.R. 5615: Mr. Holden.
H.R. 5674: Mr. Hinchey.
H.R. 5698: Mr. Ellsworth and Mr. Fattah.
H.R. 5734: Mr. Davis of Illinois, Mr. Etheridge, Mr.
Rothman, and Mr. Ruppersberger.
H.R. 5762: Mrs. Tauscher.
H.R. 5793: Ms. Richardson and Ms. Roybal-Allard.
H.R. 5802: Ms. Edwards of Maryland.
H.R. 5823: Ms. Woolsey.
H.R. 5838: Mr. Bishop of New York.
H.R. 5936: Mr. Boozman.
H.R. 5979: Mr. Cohen.
H.R. 6151: Mrs. Christensen.
H.R. 6201: Mr. Moore of Kansas.
H.R. 6228: Ms. Moore of Wisconsin.
H.R. 6259: Mr. Rothman.
H.R. 6453: Mr. Alexander.
H.R. 6462: Mr. Hinchey.
H.R. 6549: Mr. Gallegly and Ms. Zoe Lofgren of California.
H.R. 6567: Mr. Towns, Mr. Sarbanes, and Mr. Platts.
H.R. 6598: Mr. Rothman and Mr. Fattah.
H.R. 6815: Mr. Hinchey and Mr. Kucinich.
H.R. 6885: Mr. Putnam.
H.R. 6930: Mr. Crenshaw and Mr. Filner.
H.R. 6939: Mr. Cohen and Mr. Kagen.
H.R. 6949: Mr. Rothman.
H.R. 6955: Mr. Culberson.
H.R. 7063: Mr. Ruppersberger.
H.R. 7114: Mr. Smith of New Jersey and Mr. Emanuel.
H.R. 7164: Mr. Meeks of New York.
H.R. 7187: Mr. Upton, Mr. Sessions, and Mr. Delahunt.
H.R. 7189: Mrs. Bono Mack.
H.R. 7219: Mr. Wexler.
H.R. 7241: Ms. Matsui, Mr. Rothman, Ms. Woolsey, Mr.
Capuano, and Mr. Berman.
H.R. 7252: Mr. Akin.
H. Con. Res. 81: Mr. Kennedy.
H. Con. Res. 342: Mr. Courtney.
H. Con. Res. 424: Mrs. Davis of California.
H. Con. Res. 434: Mr. Inglis of South Carolina, Mr. Wamp,
Mr. Duncan, and Mr. Hinchey.
H. Res. 679: Ms. Jackson-Lee of Texas, Mr. Capuano, Mr.
Braley of Iowa, Mr. Fortenberry, Mr. Wolf, Mr. Boozman, Mr.
Delahunt, and Mr. Davis of Illinois.
H. Res. 1171: Mr. Boren.
H. Res. 1328: Mrs. Myrick, Mr. Hinojosa, Mr. Markey, Mr.
Lincoln Davis of Tennessee, Mrs. Capps, Mr. Price of North
Carolina, Mr. Wexler, Mrs. Miller of Michigan, and Mr.
Rothman.
H. Res. 1397: Mr. Hinchey.
H. Res. 1404: Mrs. Blackburn, Mr. Duncan, Mr. Broun of
Georgia, Mr. Cole of Oklahoma, Mr. Hall of Texas, Mr.
Westmoreland, Mr. Carter, and Mr. Gene Green of Texas.
H. Res. 1405: Mr. Rohrabacher, Ms. Watson, Mr. Poe, Mr.
Manzullo, Mr. Ackerman, Mr. Burton of Indiana, Mr. Rogers of
Michigan, Mr. Graves, Mr. Mack, Mr. Wu, Ms. Linda T. Sanchez
of California, Mr. Scott of Georgia, and Mr. Davis of
Kentucky.
H. Res. 1458: Mr. Becerra, Ms. Richardson, Mr. Berman, Mr.
Waxman, Mr. Cardoza, Ms. Fudge, Ms. Bordallo, and Mrs.
Christensen.

[[Page 24163]]

H. Res. 1462: Mr. Lynch and Mr. Stark.

____________________

PETITIONS, ETC.

Under clause 3 of rule XII, petitions and papers were laid on the
clerk's desk and referred as follows:

335. The SPEAKER presented a petition of the San Francisco
Labor Council, relative to a resolution opposing any
taxpayer-financed blank check bailout of the financial
system; to the Committee on Financial Services.
336. Also, a petition of the San Francisco Labor Council,
relative to a resolution opposing any taxpayer-financed blank
check bailout of the financial system; to the Committee on
Financial Services.
337. Also, a petition of the California State Lands
Commission, relative to a resolution requesting that Congress
continue to enact, and the President reinstitute, the
moratorium on oil and gas leasing within protected offshore
areas; to the Committee on Natural Resources.
338. Also, a petition of the Chemung County Legislature,
relative to Resolution No. 08-448 supporting changes to the
federal highway trust fund to insure its long-term solvency;
to the Committee on Transportation and Infrastructure.
339. Also, a petition of the California State Lands
Commission, relative to a resolution supporting the enactment
of the Ocean Conservation, Education, and National Strategy
for the 21st Century Act (HR 21) and the National Oceans
Protection Act of 2008 (S3314); jointly to the Committees on
Natural Resources and Science and Technology.

[[Page 24164]]

SENATE--Wednesday, November 19, 2008

The Senate met at 9:30 a.m. and was called to order by the Hon. E.
Benjamin Nelson, a Senator from the State of Nebraska.
______

prayer

The Chaplain, Dr. Barry C. Black, offered the following prayer:
Let us pray.
Creator of humanity, make us one. Bring unity to our Senate, Nation,
and world. Help us to see that awesome things can be accomplished when
we stop worrying about who will get the credit, and that we can achieve
so much more working together than laboring solo.
With this unity, infuse us also with a spirit of hopeful pragmatism.
Lord, give us realistic expectations about our future. Remind us that
many problems that took decades to create will not be quickly solved.
Motivate us to make the necessary sacrifices so that rough places will
be made smooth and crooked places will be made straight.
We pray in Your great Name. Amen.

____________________

PLEDGE OF ALLEGIANCE

The Honorable E. Benjamin Nelson 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 assistant legislative clerk read the following letter:

U.S. Senate,

President pro tempore,

Washington, DC, November 19, 2008.
To the Senate:
Under the provisions of rule I, paragraph 3, of the
Standing Rules of the Senate, I hereby appoint the Honorable
E. Benjamin Nelson, a Senator from the State of Nebraska, to
perform the duties of the Chair.
Robert C. Byrd,
President pro tempore.

Mr. NELSON of Nebraska thereupon assumed the chair as Acting
President pro tempore.

____________________

RECOGNITION OF THE MAJORITY LEADER

The ACTING PRESIDENT pro tempore. The majority leader is recognized.

____________________

SCHEDULE

Mr. REID. Mr. President, following leader remarks, the Senate will
proceed to a period of morning business, with Senators permitted to
speak for up to 10 minutes each.
For the information of Senators, there will be a Senators-only
classified briefing at 2:30 today. It will last for an hour or an hour
and a half. We will have there Secretary Gates, Secretary Rice, and
Vice Chairman of the Joint Chiefs of Staff James Cartwright. This will
take place in our new secure meeting room in the Visitor Center.

____________________

ECONOMIC STIMULUS PLAN

Mr. REID. Mr. President, we received some more bad news today. Today
it was reported that China has surpassed Japan as the top holder of
United States debt. One out of every 10 dollars of American debt now
belongs to the Chinese. As we fall further into debt, our climb back
from recession to economic prosperity grows steeper. But in light of
these challenges, there is no reason for Congress to wait until January
to do some things that will help the economy. We know that before the
Senate is a comprehensive stimulus plan. I will be discussing ways of
proceeding on that, or not proceeding on that, with my friend, the
Republican leader. Our legislation was worked out with the
Appropriations, Finance, and Agriculture Committees. This legislation
would invest in infrastructure, extend unemployment insurance, provide
food stamps and fiscal relief for States to prevent States from being
forced to cut services and raise taxes more than they already have, and
it would be providing aid to the ailing United States auto industry.
It is important to understand that the authority to provide funds to
the auto industry lies with the Treasury Department. The Federal
Reserve can also provide these funds. As the Senate considers whether
to pass an auto aid package, whether this legislation or other
legislation, we all need to remember that we are simply deciding
whether Congress will apply additional terms to the funds that the
Treasury Department can and should ultimately provide. In fact,
Congress need do nothing. Treasury can put whatever restrictions they
choose on that.
I hope we can pass legislation to aid the auto industry this next day
or two. If we cannot do it here legislatively, I hope the Secretary of
Treasury listens loudly and clearly, because they can take this into
their own hands and do what they think is appropriate from their
perspective.

____________________

RECOGNITION OF THE MINORITY LEADER

The ACTING PRESIDENT pro tempore. The Republican leader is
recognized.

____________________

A BIPARTISAN APPROACH

Mr. McCONNELL. Mr. President, the auto industry is an important part
of the American economy, I certainly agree with my good friend the
majority leader, and an important job creator in my State. We are all
aware that one reason Congress is back in session this week is to
address the crisis in the auto industry. Although our friends on the
other side have been talking about this issue with increasing
frequency, they have yet to indicate how they plan to move forward.
There is clearly a deep controversy about using funds designed to
strengthen our credit markets to shore up distressed companies and
other industries. We all understand that. It is one of the main reasons
why there is still a significant lack of support from both sides of the
aisle to that particular kind of approach.
It is an understatement to say there is deep concern about the impact
of more than $100 billion of new deficit spending in the bill that has
been put forward. So let me suggest a bipartisan path forward that has
not yet been offered by the majority. It is a compromise being worked
on by Senators Voinovich and Bond which reproposes funds already
appropriated, money we have already appropriated to fund a $25 billion
loan program for auto makers to build advanced technology vehicles--
coupled with new taxpayer protections and Federal oversight about how
the money is spent. This is a proposal which I believe has support from
both sides of the aisle and that actually has the potential to pass
right now, not next year. There is a way forward that will help protect
the jobs in the auto industry while also protecting the taxpayers.
Senators Voinovich and Bond are working with colleagues across the
aisle to protect taxpayers and our long-term economic health. Should
this compromise approach be approved by the Congress, it is the only
proposal now being considered that we believe President Bush will sign.
It could actually become law and become law in the very near future.
As we move forward, we must do so in a bipartisan way on this and the
myriad of other issues to come, and a good place to start would be
right now.
I yield the floor.

[[Page 24165]]

____________________

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, the
Senate will proceed to a period of morning business, with Senators
permitted to speak up to 10 minutes each.
The Senator from Louisiana is recognized.

____________________

AUTO INDUSTRY BAILOUT PROPOSALS

Mr. VITTER. Mr. President, I rise to express my grave concerns about
all of the auto industry bailout proposals. I do that for two
fundamental reasons. First of all, I am very concerned of this ever-
widening bailout fever, bailout mania. We are now going well beyond the
financial industry. We are crossing what was supposed to be a bright
line and going to other sectors of major manufacturing, starting with
the auto companies, but I am convinced it certainly will not end there.
The second reason I am very concerned is for the sake and future of
the auto companies and those workers themselves, because I am convinced
that if we pass this type of bailout proposal, it will not save the
auto companies, it will absolutely ensure their demise. That is because
it is a bailout that is not coupled in any way with fundamental
restructuring and fundamental reform.
Let me go back to the original financial industry bailout proposal.
On September 29, I announced my strong opposition to that, based on
many reasons which I articulated here on the Senate floor. One of them
was that I thought it would invite many more bailouts to come. As I
said, it was ``an unprecedented government bailout that will almost
certainly pave the way for even more, maybe sooner rather than later.''
Even as I spoke then on September 29, quite frankly I never would
have guessed that we would be at that point now, so soon, a few weeks
later. But we are. Again, what started as an idea about the banking
industry--don't let it fail; only about financial services industries--
is now ever widening.
First of all, it has been widened within the TARP program itself,
because while Treasury Secretary Paulson came to Congress, came to
Capitol Hill with a very clear message of what that program was about--
buying bad assets, taking them off the books of financial companies--
even within that program we have already moved on to plan B, which is
infusing money directly into banks. And now we are moving on to plan C,
infusing money into other sectors such as consumer credit cards,
student loans, and other ventures. So even within that TARP bailout
structure we have expanded the bailouts and moved on from plan A, which
was the entire premise on which Congress passed the legislation, to
plan B and to plan C.
Now we are about to cross a much brighter line and we are potentially
expanding this bailout fever much more by going well beyond the
financial industry, by going well beyond the banking system, well
beyond the promise we simply need to stabilize the banking system, to
now saving companies because they are big, because they are, in a word,
too big to allow to fail.
I think that is a fundamental mistake. But as I said, the other
reason I think it is a fundamental mistake has to do with the
companies' futures and the workers' futures themselves. I think this
auto industry bailout proposal is a fundamental mistake because I
believe it will not only not save those companies, but I believe it
will absolutely doom them to eventual failure--yes, a few months later
rather than now, but will absolutely doom them to eventual failure.
Why do I say that? For a simple reason; because these proposals are
not coupled in any way with the fundamental restructuring that the
American auto companies need to become competitive and to survive.
A few weeks ago when we talked about the financial crisis, we were
focused on just that, a financial crisis within the banking industry,
within financial institutions. That was about credit freezing up and
impacting the economy in an overall way. But of course auto companies'
problems and challenges predate that by years and years. Certainly the
financial crisis made their immediate situation worse, made their
immediate straits more challenging, but their ultimate challenge and
their ultimate troubles have nothing to do with this immediate
financial crisis. They have to do with the legacy costs and very high
labor and other costs that those companies are burdened by, which makes
them fundamentally uncompetitive with their worldwide competitors
today.
What am I talking about? That extra burden brought on by legacy costs
and union obligations is estimated to be about $2,000 per car for the
big three auto manufacturers--$2,000 per car. What does that mean? What
it means is Ford, for example, needs to cut $2,000 worth of features
out of its Taurus to compete with, say, Toyota's Avalon. It is no
surprise that the Avalon feels like a better product. It is a better
product. It has $2,000 more features, in terms of comparable sales
prices, when it goes to the lot. Of course it is going to be a better
product.
Another example is the U.S. auto companies and their unions admit
that union demands have driven up labor costs at the big three U.S.
auto manufacturers to $30 per hour more than their foreign-owned
competitors, including competitors such as Toyota that employ Americans
and produce cars in America right here and now.
How can the big three possibly remain competitive in a worldwide
economy with that sort of disadvantage? And throw on top of that the
fact that the CEO of GM managed to get a 64-percent pay raise recently
despite his company's shares dropping more than 90 percent over the
past 52 weeks. That is not a recipe to stay or become competitive, that
is a recipe for failure.
The reason the auto companies will be doomed to that failure if we
pass this bailout is because we are giving them plenty of taxpayer
dollars without demanding the fundamental restructuring, the
fundamental revisiting of those additional costs, these extraordinary
labor costs, those burdensome legacy costs that it will take to make
them competitive on a worldwide stage.
My argument is very simple: Let's not cross that bright line. Let's
not expand in a fundamental way bailout fever for the good of our free
market system. But also, for the good of the auto industry in the
United States, for the good of those workers, let's not doom them to
failure. Let's demand, whatever we do, that they go into a period of
fundamental restructuring--the type of fundamental restructuring that
is necessary, for instance, in a bankruptcy. It does not have to be
done in the context of an actual bankruptcy. Many people say that would
kill auto sales; that it is not practical, they cannot survive that.
I do not particularly agree with that argument, but that same
fundamental restructuring can be done in other ways without that
bankruptcy title looming over the companies' heads. That is what they
need to survive. That is what those workers need to keep their jobs.
Let's not pass this auto industry bailout and deny them the possibility
of a survivable and brighter future.
These remarks apply equally to not only the Democratic leader's
proposal, under which the $25 billion would come directly out of the
TARP program, but my remarks and my concerns are fundamental. They
apply equally to President Bush's proposal, which is essentially the
same, simply taking the money out of a different pot, simply using the
$25 billion of low-interest loans we have already authorized, against
my objections, to do the same thing.
Again, my concerns are not superficial--use this pot of money and not
that pot--my concerns are much more fundamental. They go to the center
of the future of our economy. But they also go to the core of what is
needed

[[Page 24166]]

for the U.S. auto industry to remain competitive, to become more
competitive, and to save those American jobs.
I yield the floor, and 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.
Ms. MIKULSKI. I ask unanimous consent that the order for the quorum
call be rescinded.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

____________________

COMMUNICATION FROM THE HONORABLE BARACK OBAMA

The ACTING PRESIDENT pro tempore. The Chair lays a communication
before the Senate.
The legislative clerk read as follows:

U.S. Senate,

Washington, DC, November 18, 2008.
Hon. Richard Cheney,
Vice President of the United States of America, President of
the U.S. Senate, U.S. Capitol, Washington, DC.
Dear Vice President Cheney, President of the U.S. Senate:
This letter is to inform you that I resigned from the United
States Senate, effective November 16, 2008, in order to
prepare for my duties as President of the United States.
Sincerely,
Barack Obama,
U.S. Senator.

____________________

ORDER FOR RECESS

Ms. MIKULSKI. Mr. President, I ask unanimous consent that the Senate
recess today from 2:30 until 4 to allow Senators to attend today's
briefing with Secretary Gates, Secretary Rice, and the Vice Chairman of
the Joint Chiefs.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.

____________________

WORKING TOGETHER

Ms. MIKULSKI. Mr. President, that was quite a letter. I must say, to
be here for this historic moment, my heart is racing. We heard the
letter from the President-elect resigning from the Senate. This is,
indeed, a moment of passage in the Senate and for the country. By
Senator Obama's resignation from the duty and responsibility the people
of Illinois gave him, it is one more step for him to pick up the
responsibilities of the Presidency of the United States. I will cherish
this moment because it will be a historic moment, from ``We need
change'' and ``Yes, we can'' on the long campaign trail to election
night, to a charismatic speech calling us to act like an American
community, not only a country of which we are proud, a nation we hold
dear, but an American community. That is the Obama message which I hope
will be the Obama effect. As our President-elect lays down these duties
and takes up others, we need to realize and respond to his call and a
new American mandate. Because on November 4, we who hold Federal office
received a new American mandate to change the tone, to change the
direction, to change the priorities, and to be able to move on and get
our economy rolling and bring our troops back home and restore our
national honor in the world.
Sign me up. Sign me up as an enthusiastic member of this effort. I
accept that mandate. I accept it. I call upon all my colleagues to do
the same, to embrace the message Senator Obama has set, not only in
terms of a dynamic, robust agenda but how we will work with each other.
I thought it was grand that he sat down with our colleague from
Arizona, Senator McCain, to talk about how they could work together,
how they could find that common ground, how we could find that sensible
center between what we want to do and what we can afford to do. That is
the tone Obama set with McCain. Let's set it now with Reid and
McConnell. Let's try to find common ground, that sensible center,
pragmatic, affordable solutions we can do now. We have a window. We
have a time. As President-elect Obama said: This is our time. Our time
doesn't begin January 20. Our time doesn't begin January 6. This is our
time now to lay the groundwork for the transition of power, to work
together. I ask us now, as we look at the stimulus package, as we look
at solutions for our manufacturing area, how to extend the safety net
for those people who are already hurting: Let's do that.
Right now, once again, back to business as usual, entangled in a
parliamentary quagmire, digging in our heels, based on rigid ideology.
That is not what the people said on November 4. They said they wanted
change, and they want it now. Let it begin with us, civilized debate,
the clash of ideas to find that sensible center. By the way, that
phrase is not mine. That phrase is Colin Powell's, a great American.
There it is, right there is the center. I am ready to walk over to
it. Come on over, I say to the other side.

____________________

STIMULUS PACKAGE

Ms. MIKULSKI. Mr. President, today I am standing here asking for help
on the stimulus package. I know that part of the stimulus package is to
extend unemployment insurance. I absolutely support that. But what I
also wish to do is not only extend unemployment insurance for those who
are hurting, I am with the parts of the stimulus package that will
extend employment, where we will do what we need to do to create the
safety net, but we need to have a launching pad to keep jobs in this
country. I wish to vote to extend unemployment help, but I wish to also
vote to extend employment help. Hello. Let's find that sensible center.
I am for saving and creating jobs, and I am also saying: Congress
must act now. In the next 48 to 72 hours, we have our own rendezvous.
If we do not act, we will create an economic framework that means the
recession will be longer and deeper. The cost of doing nothing is more
than we can afford to pay.
I support the safety net in the economic recovery package--help with
unemployment, energy assistance, help on Medicaid for the children and
the elderly. Medicaid is a children's and elderly program, for children
who need health care and elderly who need to be in nursing homes.
I also support the part of the stimulus that creates jobs. I salute
our leadership team for coming up with the framework to create jobs by
making important investments in physical infrastructure--desperately
needed. We need to make public investments that generate private sector
jobs. Note what Senator Barb is saying: I am not for make work. I am
not for a WPA. I am for public investments that create private sector
jobs. By doing it in building and rebuilding America's infrastructure,
we will be safer, and we will have a stronger economy--repairing
bridges, building highways, mass transit that we need to move people
and improve the environment, also to build water and sewer treatment
plants to fix aging sewer systems. In my hometown of Baltimore, our
mayor is under an EPA court order to rebuild the Baltimore sewer
system. I am for that. My great-grandfather, who came to this country
searching for the American dream, believing what Lady Liberty said when
she said: Give me your tired, your poor, yearning to be free, another
member of my family said: Sign me up. And he was a ditch digger on the
Baltimore sewer system. My great-grandmother married him because he was
a man of prospects. We rebuilt Baltimore then. I wish to rebuild
Baltimore today and put people to work, from designing and engineering,
moving heavy lifting equipment.
The Chesapeake Bay is polluted because we don't have enough water in
sewer treatment plants. That is one of the reasons. So we can build
that by making public investments in physical infrastructure. By
sending a dollar of taxpayer money today, we will have jobs today and
economic recovery on the way.
Also, I wished to talk about helping the automobile industry. My
other colleagues will speak on the floor about the need for the $25
billion plan. My colleagues will also speak about other things to help
Detroit for which I am supportive. But I also have another idea. See,
the way I think, I am old-fashioned. My dad ran a grocery store.

[[Page 24167]]

While others talk about the big macro picture, I learned economics at
the macaroni-and-cheese level in my dad's grocery store. It was about
supply and demand. I am saying if we stimulate demand, which actually
gets people to buy cars, people will have to make them. They will have
to sell them. They will have to service them. They will have to provide
the insurance and other services to do it.
Let me tell you how I wish to save jobs in the automobile industry
and at the same time help our consumers and get our economy back on
track. It is simple. It is straightforward. It is bipartisan. I am
joined in my framework, which I introduced as a freestanding bill, by
Senator Kit Bond of Missouri. More cosponsors are pouring in. My
provision simply says this: If you buy a new passenger car or light
truck between November 12 of this year and December 31 of next year,
you will get a tax deduction on your sales tax and on the interest of
your loan. Let me repeat that. It is a tax deduction for the sales tax
on buying that car or light truck. You will also be able to deduct the
interest on your loan. For many people, depending on the size of the
vehicle, it can go anywhere from $2,000 to $5,000. It saves jobs.
Remember where I started. Not only extend unemployment benefits to
those who have lost their jobs but extend employment so people don't
lose their jobs.
One out of every ten jobs in America depends on the automobile
industry.
What is it I mean? First of all, in manufacturing--and we know what
it feels like in Maryland. See this chart. On Broening Highway we made
minivans for years. Now it is being cleared for who knows what. We know
it has new uses but not like this. There were 1,000 jobs that paid good
wages and good salaries. I do not want ``closed'' signs up all over
America. So it is jobs in manufacturing.
Then there are jobs in car dealerships. Did you know there are 30,000
car dealerships in America, and each one employs about 50 or 60
people--from the people who sell the cars, service the cars, supply the
parts, and the back office workers handling the bookkeeping and the
accounting.
In my own home State there are 300 dealers. If you look at the
dealers nationwide, we are talking about 150,000 people. In my own
State, it is over 25,000 people. In many of my rural communities,
outside the hospital and local government, they are the major employer.
Dealers are at risk. The people who work at the dealerships are at
risk. We can change that.
Now, let me go to the rationale. Why now? Why the urgency? Well,
first of all, car purchases, whether you are talking about a Toyota or
a Taurus, whether you are talking about cars made in Detroit or made in
Kentucky, Alabama or Tennessee or Texas, buying cars, with people going
into the showrooms, is down by 25 percent.
But what we also know from the auto research is that people buy more
cars during the period of Thanksgiving to New Year's Eve than any other
6-week period. If you pass the Mikulski-Bond amendment, and it is
signed into law, and people come into the showroom, that is the time
they want to buy cars, and this is the time we could give them the
Federal incentive, along with the dealer and manufacturing incentives.
It could mean tremendous help.
Now, there are those who will say: Gee, how much does this cost,
Senator Mikulski? It does cost $8 billion. However, the cost of doing
nothing is phenomenal. The cost to the Government is about $50 billion
a year if we do nothing, if our automobile system goes down. If we face
the ``Armageddon'' of one of them going bankrupt, our pension guaranty
system would be in great difficulty. We would lose taxes in
unemployment benefits. In other words, there is a cost to doing nothing
that is 10 to 20 times greater than what we are talking about here.
I know my time is about up.
I say: Pass this stimulus package. Thanks to the leader, my auto
provision is part of it. We need to talk about saving 3 million jobs in
the automobile industry. We need to talk about how to help the American
people.
I conclude by saying, during the break I went around and talked to my
constituents. First of all, they are mad as the dickens over the way
this bailout package has been handled. They feel we gave it to the
sharks and the whales on Wall Street, and the little guys--the
minnows--got no help. What they are worried about is the losing of
their jobs. In many instances, they have already lost their life
savings, they have lost their homes or they are already in jeopardy.
Let's talk about a car dealer. I walked in to talk to a dealer in
Montgomery County. The first thing was I noticed two things: an empty
showroom and on his lapel he had a Rotary pin. This is a man for which
that business, in Montgomery County, was started in 1939, during the
Depression, because they believed in Roosevelt and they believed in the
American economy. Can they believe in us?
That man, with his Rotary pin and family, has provided jobs. They fix
cars. They have sold cars and so on. They kept it going and at the same
time contributed to the charities in their community, being a good
corporate citizen.
You talk to the people who work there. Let's talk to the guy I talked
to who has worked there for 23 years. He said: Senator Barb, all I have
ever wanted to do is fix cars. I love fixing cars, and I have fixed
Chevys and now Accords and Acuras, and I have done a great job. I have
been happy, and I have made a lot of people happy. But I have two kids
in college. I was told that for the kind of job I have, there is a
workforce shortage. But now there is more of a shortage of work than a
shortage of workers.
This is whom we are fighting for. We are fighting for our friends. We
are fighting for our neighbors. We are fighting for the people who have
kept our communities going. So we come back to wonder: How are we going
to spend money? We have already spent $350 billion that went to banks
that do not care. They have no remorse. They have no sense of
gratitude, and they did not regard us as an investor. Mr. President,
$350 billion to banks and Paulson is walking around like a passive
investor. But here, if we make this investment to enable the consumer
to be in a new car, which will get more fuel efficiency, lower carbon
emissions, and pick up our economy, I think we are doing something.
I hope today we get a chance to vote on the economic recovery bill.
It has major components in it, and one of the major component is it
extends employment, which is what Americans want.
On the day Barack Obama resigned from the Senate, let us now resign
ourselves to follow what the mandate was on November 4. They not only
gave President-elect Obama a mandate; they gave us a mandate: Get
America rolling again. The Mikulski legislation puts our economy back
on wheels.
I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Alabama.

____________________

WASTEFUL SPENDING

Mr. SESSIONS. Mr. President, I thank the Chair for the opportunity to
speak. I appreciate the eloquent remarks of my colleague, Senator
Mikulski. She is a passionate advocate for Middle America, and it is a
pleasure to serve with her in the Senate.
I have to say, it is a historic day that Senator Obama has resigned
and will be on the road now to inauguration as the President of the
United States. People are happy about it. For so many people, you can
feel their excitement about the possibilities. The country wanted
change, and we have some change out there. I think we need to ask
ourselves pretty clearly what kind of change it is they were demanding
of Congress. We may well have some disagreements about that.
The day after the election, I was doing a little exercise at the park
back home in Alabama, and I met an African-American with an Army hat
on. He and his friends were talking happily, and there was an
excitement about this election. He said: You know, this is the first
time I know my sacrifice in Vietnam meant something. He was sincere
about that. There is a good feeling out there.

[[Page 24168]]

I would say that one of the things the American people did not vote
for, however, was wasteful Washington spending. It is just not so. One
of the things they rejected in the Bush administration was reckless
spending, unprincipled spending. That is something that has worried
them. So in interpreting the results of the election, I think we need
to take care.
I noticed a recent Rasmussen Poll showed that 80 percent of Americans
think the Government is too involved in the economy, that the
Government is getting its nose too much in this and taking their money
they sent here and spending it on somebody the Government wants to
favor with Federal largess. I do not think that is what the election
meant: that we ought to spend more.
Also, on the question of the bailout, less than one-third of the
American people in the Rasmussen Poll said they favored an automobile
company bailout. This is contrary to our fundamental principles. We may
have to, at certain times, do things that are a violation of principle.
We ought to be very cautious about doing so. These are things that have
served this country well for over 200 years. We need to be careful
about it.
So I do not think the change people voted for was to authorize
Congress to go on a wild spending spree, throwing money at every
problem. We have already had, this year, a $150 billion stimulus that
was supposed to ward off the recession--sending out checks to
everybody, and this was going to fix it.
I hated to vote against that, but I could not vote for that $150
billion, every penny of which went to the debt. We were already in
deficit, so we added another $150 billion to the deficit in one fell
swoop. What did we tell people to do? We told them to go out and spend.
I know the Acting President pro tempore is from Nebraska. I know he was
raised right. We have had a talk about families and how families work.
When you have a financial problem, you do not tell your children to go
out and see how much they can spend. You ask them to get smart about
what they have been doing.
When the economy goes into a recessionary period, people start
watching their spending. They decide they do not eat out as much. They
decide they cannot buy as fancy clothes. They decide they cannot afford
a big, expensive house that has also been going up in price, and maybe
it is not going up now, so they wisely decide to stay renting or stay
in the house they have, which depresses the price of housing. This is
the business cycle, I will just say.
I feel like we work our way through that. As people get their debt
paid down, they start buying more. In the meantime, certain companies
get hurt. Companies that are selling big gas-guzzling vehicles and are
committed to that product are going to be one of the groups that gets
hit the hardest. I wish it were not so. I know this is not a matter of
insignificance that domestic automobile companies are in financial
trouble. But they have been promoting a product the American people do
not want right now and they are committed to that product and it is
troubling as to how we work our way out of it. But I think rewarding
misbehavior is not the way to do it.
So it is pretty clear now that we are in a recession and that credit
had been too cheap in the years leading up to this. We had a bubble in
housing. People thought prices would never go down, and they bought
houses larger than they could afford, made payments that stressed them
to the very limit to afford those big houses, pretty much on the theory
that the housing prices were going to continue to go up and would never
go down. Those of us who have been around a while should have known
that is not a good way to go. We have known, and we have seen it in our
very neighborhoods, the young couple buying huge automobiles, borrowing
money to do so--$40,000, $50,000, $60,000--that they could not afford.
It also guzzled fuel, cost them more at the pump, and each month they
ran up debts on their credit card, including gasoline. When you get to
the maximum limit, you have to cut back.
So what do you do? You do not buy as many of these things, you do not
add as much, you do not buy the big cars, some people cannot afford to
hold on to their big houses, and you go through a recessionary period.
It is not a matter we ought to treat lightly. I certainly recognize
that.
But as USA Today said a month or so ago, an economy founded on
excessive personal debt, excessive Government debt, and huge trade
deficits, is not sound. That is just it. We have to change our ways. We
cannot buy our way out of this situation. There is no free lunch. For
anything that somebody puts in front of you to eat, somebody has had to
pay for it to get it there. Debts have to be repaid. We have to be
honest about it. We cannot continue to throw money at this problem. We
are going to have to take our lumps now and come out of it stronger
rather than trying to postpone the problem, kicking the can down the
road in some desperate attempt at stimulus to avoid any pain in a
normal recessionary cycle.
So I worry about it. Let me tell my colleagues about the deficit. The
deficit surged after 9/11. We had increased spending at airports and we
did all kinds of things and the deficit went up to almost $420
billion--one of the biggest deficits in dollar terms we have ever had,
not as a percentage of GDP, but a huge deficit and a reversal of the
situation prior to that. That deficit has gone down. A year ago
September 30, our deficit for the year was $161 billion; still large,
too large, but going in the right direction. As of September 30 of this
year, after we popped $150 billion earlier this year directly into the
deficit to fund the stimulus that was supposed to avoid a recession,
now the deficit this year was $455 billion. And the one we are in
today, I saw an article recently that said the deficit will clearly be
in excess of $750 billion, the largest deficit in the history of our
country and, probably, as a percentage of GDP, one of the largest we
have ever had. Now we are talking about more spending, more spending,
more, more, more; we have to bail out this industry, that industry, the
other industry.
Alabama was heavily reliant on textiles. Now, seventy percent of our
textile industry is gone. You can go to town after town where sewing
plants existed--no longer there. Should the Federal Government have
stopped that? The little community in which I grew up, the original
community was on the river where steamboats plied the river. After
railroads came, the community sort of moved a few miles over to the
railroad. That is where I grew up, in a little railroad community. Then
the passenger trains stopped, and the freight trains stopped and people
had interstates and other ways to communicate and travel and airplanes
came along. Should we have passed--we had a railroad depot there, and
my friend's dad ran it. Well, it is closed. Should we have passed a law
to keep the railroads just as they always were and all the depots out
there? Years ago you remember the debate over whether the union should
require a fireman, who used to shovel coal into the steam engines, to
sit on a diesel train. That was part of the union contract. For decades
after we ended steam engines, the union contracts required a person
named a fireman to sit on a diesel train with the engineer. This is not
sound.
Change is inevitable. We have to adjust to it. That is what we need
to do. Maybe there are ways we can help the automobile industry--I
assume there are, and I would be prepared to discuss that--but we have
to be realistic and honest. When we start throwing money at private
corporations to save them from the forces that are at work in our
economy, we are taking on a big challenge.
This is a metaphor I have in my mind. Do my colleagues remember the
story of the folks who flew airplanes over the hurricanes and threw out
dry ice and they believed if they could just throw out enough dry ice,
they could stop the hurricane? Well, we can't throw money into this
financial hurricane and stop it either. We have to hunker down and do
what we have always done to work through difficult financial
circumstances. We can be sophisticated and come up with some

[[Page 24169]]

good ideas that can help--and I am certainly for that--but I would tell
my colleagues as a matter of principle we need to be very cautious
about picking and choosing who we are going to reward with Federal
taxpayer money.
In a meeting yesterday, Secretary Paulson was quite correct. He said:
Look, any time you take Federal money and insert it into the
marketplace--and he was talking about the automobile industry and the
banking industry at the time--you distort the market. You help some
companies and industries and you hurt others. I would just add, you do
so with taxpayer money, you are taking sides in the process. That is
dangerous, and we need to be as careful about it as we possibly can. So
I would just raise those points.
Do my colleagues know our savings rate in America fell below zero at
the height of this boom, at the height of this housing bubble, this
automobile bubble? Gasoline prices were through the roof, commodity
prices through the roof, farm prices surging, gold and other metals
going up at incredible rates. They are all falling now, but during that
time we didn't have any savings. Our savings rates fell below zero. Now
that we are going into a recessionary period--and we are in a
recession--people are saving. The savings rate I saw recently was about
3 percent. So people are not consuming as much. Is that all bad?
When people don't consume as much and don't travel as much, the
hotels are not as full, the restaurants are not as full, the automobile
companies can't sell as many automobiles, and they are going through
tough times. But when you have an excessive boom, this is the kind of
thing that is bound to happen.
One observer of the scene made this comment in 2006 about the housing
market. He said:

Housing prices cannot continue to increase at twice the
rate of the growth of GDP, and they cannot continue to
increase at this rate when wages are basically flat.

Now, doesn't that make sense? Didn't we know people who couldn't
afford a house because the prices were outrageous? There are some
benefits from the collapse and the boom on housing prices. An average
person now may be able to buy a house at a more reasonable price than
they were before. So these are the cycles we go through.
The timber industry in my State depends on home building. When
construction is down, our saw mills are shutting down in small towns,
and that is the only business they have. Are we going to bail out the
saw mills today? Is anybody proposing that? Then, the people who work
in the woods to harvest the timber--good, honest, hard-working
Americans--if the saw mills can't buy the lumber--are they getting an
hourly wage? Are they being laid off? Yes, they are, as part of this
tough cycle that we are going through.
I wish to ask this fundamental question: Who is going to bail out the
American Government? Who is going to bail out the American taxpayers
for the expenditures that we are increasing? I ask this: Isn't it true
there are three basic ways to deal with money we are borrowing today,
perhaps $1 trillion this fiscal year? When I say $750 billion to $1
trillion, I am not counting the $700 billion bailout. That has not been
scored yet. I am talking about other spending, including some of these
bailout proposals.
So there are three ways we could do it. We could cut spending. Our
Democratic colleagues were pretty hard on Republicans for, they said,
spending too much, and they were right more than I would like to admit.
I would just say this: Are we getting any better now? The talk we are
hearing today, is it spend more, more, more, more, or is it a
discussion about a contained spending? No. What we are hearing from the
change group, I am afraid, is spend more.
Well, that is one way to pay off your debts. Another way would be to
raise taxes. None of us want to see taxes raised, for heaven's sake,
especially not in a time of economic slowdown, so taxes is not a likely
way to pay off the debt.
What has happened throughout history? Fundamentally, the way debts
are paid off is by debasing the currency.
The PRESIDING OFFICER (Mr. Cardin). The Senator's time has expired.
Mr. SESSIONS. Is that 10 minutes, I believe?
The PRESIDING OFFICER. Yes.
Mr. SESSIONS. Mr. President, I would ask unanimous consent for 5
additional minutes.
The PRESIDING OFFICER. Is there objection? Hearing no objection, the
Senator is recognized.
Mr. SESSIONS. So I am afraid of inflating the currency, reducing the
value of currency so that when the government has to pay back debts, it
pays back in dollars less valuable than the ones it borrowed, and we
basically cheat the people who loaned money. When that happens, they
are going to demand a higher rate of interest on the trillions of
dollars of debt we have today.
Let me briefly share with my colleagues some thoughts about the
bailout and why I cannot support the plan that is being proposed and
offered by Senator Reid, the Democratic leader. I commend to my
colleagues the article by Michael E. Levine entitled, ``Why Bankruptcy
Is The Best Option For GM.'' He is a former airline executive and is a
distinguished research scholar and senior lecturer at NYU School of
Law. He just points out this fact--and as a lawyer, I think he is
absolutely correct. Regarding contracts and ways that would really
reform and streamline and make these companies competitive, he said
this:

Contracts would have to be bought out. The company would
have to shed many of its fixed obligations. Some obligations
will be impossible to cut by voluntary agreement.

Why would somebody agree to have you not pay them what you have been
paying?
Then he said: ``GM will run out of cash and out of time.'' That is
even if we give them $25 billion. They cannot fix themselves until they
confront their costs that are pulling them down.
Mitt Romney, whose father was a CEO at American Motors, in his recent
op-ed estimates that the average American automobile is carrying a
$2,000-per-car excess cost. If you wonder why foreign automobiles are
better, it is because they can put 2,000 more dollars in it. So how do
you get out of that? You have to get out of these contracts.

Mr. Levine fundamentally points out that through the
process of reorganization--not chapter VII liquidation but
the process that Delta Airlines used to reorganize itself--is
the one way you can get out of these contracts and
restructure the company, reduce some of its burdens, and come
back again as a fighting, competitive company, producing
automobiles that people will buy in large numbers. I think
that is very possible.

So in bankruptcy, those kinds of things can occur that can occur
outside. Mitt Romney, in his editorial, said:

A managed bankruptcy may be the only path to the
fundamental restructuring the industry needs. It would permit
the company to shed excess labor, pension, and real estate
costs. The Federal Government should provide guarantees for
post-bankruptcy financing and assure car buyers that their
warranties are not at risk.

Now, those are the kinds of suggestions that come close to making
sense to me.
He talked about his father, George Romney, the Governor of Michigan,
who also ran for President at one point. This is what he said his
father did when he saved American Motors at the time:

My dad cut his pay and that of his executive team, he
bought stock at his company--

To show faith in it--

and he went out to the factories to talk to workers directly.
Get rid of the planes, the executive dining rooms--all the
symbols that breed resentment among the hundreds of thousands
who will also be sacrificing to keep the companies afloat.

I think that is the right way to do it. I think we can do that. I
really would urge my colleagues to look for ways for this to happen.
Now, you cannot trust the automobile dealers when they come forward
and say: Well, we are doing all of these things.
They don't have the power to do these things. I know they don't want
to go into reorganization and bankruptcy as Delta Airlines did. But it
is not

[[Page 24170]]

going to be a horrible thing. Delta went in and emerged about a year
and a half later. They reorganized, reduced expenses, altered and
amended contracts and obligations, and they recently bought Northwest.
They went bankrupt in 2005, and they came out leaner and more
competitive and are now a viable company. But these CEOs--if you give
them money, they are going to have less leverage with the unions, less
leverage with their 7,000 automobile dealers, when Toyota has 1,500
automobile dealers. They are going to have less leverage with the lease
agreements and health care agreements they entered into years ago, in a
different situation, to deal with people's health care requests and
demands at that time. They are stuck with that until they can break
loose from it.
A bankruptcy judge whose motive would be to help them become leaner
and more effective and sends them out as a viable entity so that jobs
are saved and debts are fundamentally repaid--that would be the goal of
reorganization and bankruptcy. I don't think we ought to be putting a
lot of money into this company until we see it in a position that would
actually break the chains of $2,000 per car that is slowing them down,
actually pulling them down hopelessly.
I thank the Chair for the opportunity to share some of my thoughts. I
believe when we violate the principles of intervening in the free
market and picking winners and losers, we are taking a great risk. If
we do so, it ought to be done with the greatest of care, the least
exposure to the taxpayer, and with the greatest potential for creating
a successful company in the end.
I yield the floor.
The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.

____________________

THE LIFE OF DR. RANDY PAUSCH

Mr. CASEY. Mr. President, I rise today to honor the life of Dr. Randy
Pausch, who died this past July 25 from pancreatic cancer. Dr. Pausch
was a rare hero who rose above his illness and fought to the end for
increased public awareness of this devastating illness. In doing so,
Dr. Pausch captured the attention of the country, inspiring people with
his extraordinary grace, courage, and love of life.
Dr. Pausch was a professor at Carnegie Mellon University in
Pittsburgh, in my home State of Pennsylvania. He was an accomplished
researcher and dedicated teacher.
Many people know what Randy did because of his famous ``Last
Lecture,'' which he delivered at Carnegie Mellon in September of last
year. The video of the lecture became an inspirational phenomenon on
the Internet. Literally millions of Americans wrote and blogged about
the transformational impact Dr. Pausch's lecture had upon them and
their lives. Recently, ``The Last Lecture'' was turned into a best-
selling book.
The lessons from Dr. Pausch that have inspired so many people are
simple, but ones we all too easily can forget. He reminds us about
achieving childhood dreams and maintaining a sense of childhood wonder.
He also encourages his listeners to work hard, tell the truth, be
earnest, help others, apologize for mistakes, listen to advice, and
never, ever give up. He helps us remember how important it is to simply
enjoy life and that each day is a gift.
As his disease progressed, Dr. Pausch was also an impassioned
advocate for pancreatic cancer research. He testified before the House
Appropriations Subcommittee on Labor, Health and Human Services, and
Education, saying:

We don't have advocates for this disease because they don't
live long enough. We don't have a Michael J. Fox because
people die too fast. Pancreatic cancer is absolutely
ruthless. Part of my job is to put a face on the disease.

So said Dr. Pausch so poignantly about this disease, because indeed
pancreatic cancer is ruthless. It is the fourth leading cause of cancer
death in the United States of America. Seventy-five percent of
pancreatic cancer patients die within 1 year of diagnosis. The 5-year
survival rate is barely 5 percent. The survival rate for pancreatic
cancer today is the same as it was 30 years ago.
Randy was only 45 when he died of pancreatic cancer on July 25 of
this year. He left behind his wife Jai and their three children, Dylan,
Logan, and Chloe.
Dr. Randy Pausch lived life to the fullest in every sense of that
word, in every sense of that phrase. He was a loving husband and
father, a dedicated educator, and an impassioned advocate. While his
life was cut short by pancreatic cancer, his legacy for living is one
we should all cherish. I ask my Senate colleagues to join me in
commemorating the life of Dr. Pausch with the resolution that I and
others have introduced. This resolution calls upon communities across
this country to recognize November as National Pancreatic Cancer
Awareness Month, and urges greater public awareness and resources for
prevention, early detection, and treatment of this disease.
Let us, with this resolution, recognize the extraordinary gift that
Dr. Pausch's life was to humanity and strive to make progress with this
deadly, ruthless disease.
I commend Senator Clinton for her leadership on this issue and for
introducing this resolution. I am joined as a cosponsor by my colleague
from Pennsylvania, Senator Specter. For their help, we are greatly
appreciative.
I yield the floor.
The PRESIDING OFFICER. The Senator from Maine is recognized.

____________________

TRIBUTE TO RETIRING SENATORS

Pete Domenici

Ms. COLLINS. Mr. President, as the 110th Congress draws to a close, I
rise to say thanks and farewell to one of our hardest working and most
dedicated Members, Senator Pete Domenici of New Mexico.
Pete Domenici's story is truly the American dream come to life. The
son of immigrants, Pete worked in the family grocery business, earned a
college degree, taught school, obtained a law degree, and served in
local government before his election to the Senate.
I cannot overlook one vitally important part of his biography, and
that is his stint as a pitcher for a farm team of the old Brooklyn
Dodgers. Who knows how much different history would be if his fast ball
had had a little more ``pop'' to it?
For 36 years, however, baseball's loss has been the Senate's gain.
The character developed by athletic competition--determination, hard
work, a sense of fair play--is fully evident in Pete's six terms in
office.
When the people of New Mexico chose Pete Domenici to be the longest
serving Senator in their State's history, they chose wisely. His
tireless work on a wide range of issues has helped to ensure a better
future for all Americans, rural or urban, large State or small. He is a
respected leader on some of the most important challenges of our time,
such as strengthening energy security, curbing nuclear proliferation,
and promoting sound Federal budget policy.
Pete's understanding of the budget process is matched only by his
appreciation of the critical role fiscal responsibility plays. His
service on the Budget Committee established his universal reputation as
one of the Senate's hardest working, most intelligent, and best-
informed Members. His focus on results rather than the limelight led
one colleague to describe him as having ``a terminal case of
responsibility.''
Senator Domenici is also a true champion for biomedical research, and
especially for Americans suffering from mental illness. He has worked
unceasingly over the years to increase the understanding and to
eliminate the stigma associated with mental illness. He has led the
effort in the Senate--first in partnership with Senator Paul Wellstone,
and later with our colleague Senator Ted Kennedy, to pass legislation
that requires insurers to cover mental illness in the same way they
cover physical illnesses.
Thankfully, those efforts have finally borne fruit with the inclusion
of his legislation in the economic stimulus bill, the stabilization
bill passed in the Senate. It is a victory not just for Senator
Domenici's longstanding efforts

[[Page 24171]]

but also for the estimated 50 million Americans who suffer from some
kind of mental illness. It is a testament to his dedication and his
compassion.
Senator Domenici's tenure has been marked by vision, common sense,
and a commitment to results. When he became chairman of the Energy and
Natural Resources Committee in 2003, Senator Domenici set to work to
craft the first major comprehensive energy bill in more than a decade.
Many thought it would be impossible to put together the bipartisan
support to pass the Energy Policy Act of 2005, but Senator Domenici did
it. That landmark law laid the foundation for American energy
independence, the responsible use of existing resources, and the
development of new technology. We can build on that foundation by
following the model he set of informed debate and thoughtful consensus.
While most of his many accomplishments have national significance,
there is one that may not be well known outside of his home State. More
than a decade ago, Pete Domenici introduced a program that has helped
the schoolchildren of New Mexico learn trustworthiness, respect,
responsibility, fairness, caring, and citizenship. This program is
called ``Character Counts.'' It fully epitomizes what Pete Domenici is
all about. It fully describes his legacy because, with Pete Domenici,
character has always counted.
Senator Domenici leaves this Chamber with an overflowing and
bipartisan store of good will and gratitude. We are all losing an
outstanding colleague. On a personal note, I am also losing an
outstanding Washington DC neighbor, since Pete and his wonderful wife,
Nancy, live right down the street from me. I am pleased to be among the
many Senators offering thanks for his years of service and best wishes
to him and to Nancy.

Gordon Smith

Mr. President, for nearly 70 years, the film ``Mr. Smith Goes to
Washington'' has inspired Americans and people around the world with
its uplifting story of how one man of conviction and character can make
a difference. Today, I am honored to offer a few words to the Mr. Smith
of our time: Senator Gordon Smith of Oregon.
Senator Smith came to Washington to make a difference--and he has. He
and I were sworn into the United States Senate on the same day, January
7, 1997. Although his State and mine are a continent apart, we quickly
found that we had a lot in common.
It has been a joy to work with Gordon Smith on so many important
issues. Of course, where I come from, the name ``Senator Smith''
conjures up not just the beloved movie but also a towering, real-life
figure, and my inspiration in public service. Although Margaret Chase
Smith of Maine and Gordon Smith are separated by time, they are united
in a spirit of independence and integrity. Both served with strong
convictions but with respect for the principles of others. Both spoke
up when they saw wrongdoing. Both had extraordinary courage that
allowed them to speak out when they thought their own party was in
error. Both saw the aisle not as a barrier to progress but as a bridge
to reaching consensus on behalf of the American people.
This focus on moving forward is especially apparent in Gordon Smith's
effective work on issues of great importance in Maine, in Oregon, and
everywhere in between--health care, tax relief, small business, equal
rights, and foreign policy. These challenges are ones that require
careful consensus-building, a responsible approach that has defined
Gordon Smith's service here.
Gordon Smith is simply a wonderful person and an extraordinary
leader. We all remember the terrible tragedy he suffered with the loss
of his son during his service here, a terrible tragedy that gave him
and his family such sorrow. But it is typical of Gordon Smith that out
of that tragedy, he chose to do something to help prevent other
families from enduring the tragedy of the loss of a child. That is so
typical of Gordon Smith--always thinking of others, always trying to do
what is right, always committed to public service.
``Smith'' is one of the more common names in the English language,
but in this Chamber the name has special meaning, one of uncommon
principles and extraordinary accomplishments. It reminds us of a
cherished film, of the great lady from the State of Maine, Senator
Margaret Chase Smith, and now of Senator Gordon Smith. I thank him for
his service and his friendship, and I wish him all the best in the
future.
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.
Ms. COLLINS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered. The
Senator from Maine is recognized.

Elizabeth Dole

Ms. COLLINS. Mr. President, when she came to the Senate 6 years ago,
Elizabeth Dole brought with her a resume that for most would describe a
full lifetime of public service and accomplishment. The intellect,
principles, and dedication Elizabeth applied to her earlier endeavors
have been readily apparent in the Senate. America has been enriched by
all of Senator Elizabeth Dole's public service.
Her record of public service is truly inspiring. From the Office of
Consumer Affairs and the Federal Trade Commission to the Secretary of
Transportation and Labor, she has served five Presidents. Her tenure in
each of these positions has been marked by the dedication,
effectiveness, and accomplishments that we have seen firsthand in the
Senate.
Nothing more fully describes Elizabeth's character than the fact that
she left Government service only to become the president of the
American Red Cross, joining founder Clara Barton as the only women to
hold that position. In the spirit of that great organization, Elizabeth
worked as a volunteer her first year, accepting no salary. Under her
leadership, the American Red Cross was a model for charitable
organizations, with 91 cents out of every dollar contributed going
directly to help those in need.
Elizabeth led the American Red Cross by example. Following the gulf
war, she visited Kuwait to assess personally the services provided to
our military personnel. She traveled to famine-stricken Somalia and
Mozambique and to war-ravaged Croatia. She led a humanitarian relief
operation to Rwanda refugee camps. That same commitment, courage, and
compassion have been the hallmarks of her work in the Senate.
Those of us who are women also appreciate the many times Elizabeth
Dole has blazed the path forward for other women. We know she was one
of the very first women to attend Harvard Law School. Think how
difficult that must have been for a woman raised in the South. Yet she
persevered and she excelled and she broke barrier after barrier for
other women.
In her campaign for President in 2000, Elizabeth Dole had a profound
effect. She attracted legions of new voters into the political process.
She encouraged women throughout the country and of all political
persuasions to step forward and get involved in the campaign and to run
for public office themselves. Many of the cracks in the glass ceiling
are the work of her hands.
Here in the Senate, I have been privileged to work alongside Senator
Dole as members on the Senate Armed Services Committee. She has been
one of our strongest and most eloquent voices for the men and women in
uniform, and her commitment to them is inspiring. Her dedication to
strengthening our national security and modernizing our military is
unsurpassed.
It is certainly no accident that she is married to a man--former
Senator Bob Dole--who exemplifies the quiet courage and devotion to
duty that are the hallmark of America's armed services and by which
both Senator Doles are known.
I know that all in the Senate and throughout our Nation will agree
that

[[Page 24172]]

just a few of the words that best describe Elizabeth Dole are
``intelligence,'' ``principles,'' and ``commitment.'' To those, I am
proud to add the word ``friend.'' I will miss serving with Elizabeth
Dole. I wish her all the best in the years to come.
Mr. President, I yield the floor, and I suggest the absence of a
quorum.
The PRESIDING OFFICER (Mr. Casey). The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

THE ECONOMY

Mrs. MURRAY. Mr. President, next week Americans across our country
are going to be celebrating Thanksgiving. It is a time that we reflect
and give thanks for our families and friends and all that we have. But
far too many of our families across my State and across this country
have far less than they did just a year ago. They lost their homes,
their cars, their health care, their 401(k)s, and their jobs. Just this
month, we learned that this country has lost a total of 1.2 million
jobs this year. Over half of that decrease came in the last 3 months
alone.
Across this country, people are hurting, and some of the hardest hit
have been our veterans from the wars in Iraq and Afghanistan. Thousands
of our veterans are still recovering from physical or psychological
injuries that make it very hard for them to pay their bills or to find
a job, and too many find themselves sliding quickly into bankruptcy or
foreclosure. Yesterday, in fact, the New York Times reported that
advocacy groups have seen a huge increase in the number of veterans
asking for financial help over the last year.
Americans made it very clear on election day that they want a new
direction in this country. They want action that will help pull us out
of this economic crisis. President-elect Obama has already announced
that his first priority will be an economic recovery plan that invests
in our country's infrastructure. As chair of the Appropriations
Transportation and Housing Subcommittee, I stand ready to help with
that. But, as the latest jobless reports show, we can't afford to wait
even until January, when we have a new President, to start providing
the help Americans need today. That is why I have come to the floor. We
need to take action that will create jobs, diversify and modernize our
economy, and help our families cope with this economic downturn.
This week, Senator Byrd and our majority leader, Senator Reid,
proposed an economic stimulus bill that would do just that. Their bill
is targeted at the biggest needs in our country today. It will create
more than 635,000 jobs by investing in infrastructure and green energy
development, and it would help our most vulnerable citizens put food on
the table and keep a roof over their heads.
Congress can make a real difference for millions of families across
our country. If there was a mandate given on November 4, it was for
Government to work for the people once again. America's working
families want a government that will turn our economy around and end
this war, and they want true progress on health care and on education.
That is our mandate. We have an awful lot of work to do, and we need a
bipartisan effort to do it. But we cannot just sit around waiting until
we have a new administration and a new Congress. Americans are hurting
today.
We have the ability in this Congress to come together across party
lines and pass a bill that will put Americans back to work and
stabilize our communities across this country. I wish to take a couple
of minutes this morning to outline how that package will help get our
country moving again and help those most in need.
First of all, it is critically important that we help families who
have already lost their jobs and are drawing unemployment today.
Especially with employers cutting jobs each month, there are hundreds
of thousands of Americans who need help for basic needs while they look
for work. This package reaches out to those families by extending
unemployment benefits by 7 weeks across the country and 13 weeks in
States where the jobless rate is the highest. It also brings relief to
communities, since every dollar of unemployment benefits generates
$1.64 in additional economic activity. This helps everyone.
This bill also provides help for the millions of families who are
struggling today to find safe and secure housing. Across the country,
public housing is badly in need of repair and improvement. This bill
will allow communities to rehabilitate vacant public housing units,
improve energy efficiency, and jump-start construction of new projects
that will serve those tenants. It will also help address a growing
problem in our community: renters who lost their homes because their
landlords were foreclosed on. This bill will help protect these
innocent victims of the foreclosure crisis and help them find immediate
shelter and long-term housing.
One reason we need this bill badly is because it offers help to those
who need it most, those who have lost their jobs and homes who are
struggling to find housing today. But this bill will also help our
communities and jump-start our economy by creating more than 635,000
jobs, investing in new technology and repairing our infrastructure. For
example, this package would make investments in highway and bridge
construction in every single State--all 50 States--by providing $10
billion to help fund projects that are ready to go today. We know that
for every $1 billion we spend on highways, we create more than 34,500
good jobs. So this package will create more than 345,000 jobs.
Additionally, it is important to note there are no earmarks in this
bill, no special projects as part of the highway funding in this bill.
All highway dollars will be spent according to the formula that has
been established for the Surface Transportation Program in our SAFETEA-
LU highway bonds. States would have to put this money to work in 180
days.
We also know that roads are not the only area where communities need
transportation dollars. Cities across our country are struggling to
repair and expand their bus and rail systems as demand for mass transit
and public transportation is skyrocketing. So this bill will improve
and expand mass-transit systems so that millions of commuters can get
to work smoothly and on time. It will help repair and improve our
Nation's airports. It will make needed investments in our Nation's
ferry transportation system and modernize our Nation's shipyards to
make them competitive and efficient.
While creating these jobs will help get our economy going again, we
also need to work to make sure our workers are prepared to compete for
the jobs of the future. So this package does that by helping 160,000
dislocated workers and youth get education, training, counseling, and
job assistance. This is particularly important for young people who are
disengaged from school and for disadvantaged teenagers who are often
hurt the most when our unemployment rates are high. It is critical that
we enable these young people to get work experience now because if they
lose out, they are less likely to move successfully into a career
later.
We know teens without jobs are more likely to turn to crime or join
gangs which cost our communities millions in law enforcement and lost
productivity. Not only will the programs this bill supports pay off as
the economy picks up over time, they will help stimulate the economy in
the short term too, because, you know, teens spend immediately all the
money they make. So that will help everyone.
This package also recognizes that we need to start investing in new
and healthy industries that will help create new, good-paying jobs and
help strengthen our economy for the long term. I think one of the most
promising fields is green technology. That is why this package would
invest almost $7 billion in research and development that would help us
create new energy

[[Page 24173]]

sources and improved energy efficiency.
Not only is the research and development absolutely vital in order to
create the technology and the new jobs that come with it, but research
and development and clean technologies are critical if we are going to
become energy independent.
So these are parts of the package which I believe will be a shot in
the arm, that will help our economy for many years to come.
Before I finish today, I do want to address the provisions in this
bill that would help the country's struggling auto industry. I want the
auto industry to remain viable and continue to support the millions of
jobs across this country which depend on its success. But I cannot
support any more funds without concrete assurance the automakers have a
strategy to restructure and become viable, competitive companies. The
auto industries cannot continue to follow a failed business model and
then come here and ask for help.
I supported the $25 billion with strong restructuring language for
the auto industry in the continuing resolution we passed a month ago. I
will need to be convinced that adding funding will not only save jobs
but the industry leaders will take seriously the issue of restructuring
and work to reinvigorate an industry that continues to teeter on the
brink of failure.
I am also, I have to say, very concerned about the blame being laid
at the feet of the hard-working men and women in this industry. The
auto industry's current financial industry crisis is the result of many
financial factors, not the result of the cost of employee health care
and negotiated contract benefits upon which numerous working families
and retirees depend.
If the Federal Government, funded by working and taxpaying families,
is expected to explore financial aid to ailing corporations, then I
expect to hear about sacrifices industry management will make during
these tough times. I am very hopeful we can do that.
A month ago this Congress came together and passed a bill to help
restore stability in our financial markets. Well, we need this bill to
provide stability for our communities and for our working families at
home. We need it to help the most vulnerable among us to keep food on
their table and a roof over their head.
We need it to help unemployed workers pay the bills while they start
another job search. We need it so that we can create jobs, invest in
our communities, and support new developments in sustainable and
emerging industries.
We can start solving this economic crisis now. We can provide our
families with the help they need for the holidays and before this
economic situation gets worse. I hope our colleagues will join
together, work across party lines, pass this stimulus bill, and offer
hope this year to millions of struggling families across this country.
I yield the floor, and I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. DURBIN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Menendez). Without objection, it is so
ordered.
Mr. DURBIN. Mr. President, I ask unanimous consent to speak in
morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

TRIBUTE TO STUDS TERKEL

Mr. DURBIN. Mr. President, I want to take a few minutes to say thank
you and farewell to a Chicago legend and a national treasure.
Studs Terkel--author, actor, television pioneer, civil rights
champion, law school graduate, social historian, jazz critic, disc
jockey, champion of little guys and all the underdogs in America--died
quietly in his Chicago North Side home on October 31. Studs was 96
years old.
His interviews over 50 years with the celebrated and the uncelebrated
made him famous around the world. But there was no place on Earth where
he was better known or loved than in Chicago, his adopted hometown.
When he turned 95 in 2007, Chicago threw a party, complete with a
skywriting plane that proclaimed: ``Happy Birthday, Studs.'' No last
name was needed.
What was remarkable, however, is not how many Chicagoans knew him by
his first name, but how many Chicagoans Studs knew by their first
names.
After Studs died, a British journalist recalled a day he spent with
Studs more than a decade ago when Studs was still doing his syndicated
radio program 5 days a week at WFMT in downtown Chicago. This person
wrote:

The journey to and from [Stud's] office was through a
subterranean labyrinth of corridors and shopping arcades
linking the WFMT building with the tower containing the
luncheon club. Beside the elevator door was an Irish
attendant he knew, and they burst into song. Then there was
an extraordinary ritual, involving an employee at Johnny's
Shoe Shine. ``Another day!'' bellowed Terkel from quite a
distance. ``Another triumph!'' boomed back the reply.

Forget Sinatra. Chicago was Studs Terkel's kind of town. He loved
Chicago because, in his words, ``Chicago is the country. It is America;
it is a metaphor for everything.''
Elizabeth Taylor, the Chicago Tribune's literary editor and one of
his good friends, said Studs Terkel ``was Chicago and everything good
about the literary world--make that the world in general.'' I agree.
The last time I saw him was about 2 months ago at a bookstore in
Chicago. Studs was signing copies of his second to last book, a
wonderful memoir called ``Touch and Go.'' He wore his trademark red-
checkered shirt. The bookstore was packed with people. Studs was nearly
deaf by then, but if he looked straight at you, he could tell what you
were saying. But that is what he was doing--still listening, listening,
listening to everyone who approached him.
It was a slow moving line as we waited to have our books autographed.
I waited more than an hour to say hello and get my book signed, but I
am glad I did.
``Calling [Studs Terkel] a `writer and broadcaster' would be like
calling Louis Armstrong a `trumpeter' or the Empire State Building an
`office block.' Strictly and sparsely speaking, it is true.'' So read
his obituary in London's Guardian newspaper.
On radio, TV, and more than a dozen books, Studs Terkel interviewed
some of the most famous of the 20th century--Simone de Beauvoir, Margot
Fonteyn, Arthur Miller, John Kenneth Galbraith, Tennessee Williams,
Margaret Mead, Leonard Bernstein, Louis Armstrong, Buster Keaton,
Marlon Brando, Bob Dylan, Aaron Copeland, Zero Mostel, Mahalia Jackson,
James Baldwin, and the list goes on and on.
He interviewed a 90-year-old Bertrand Russell in a village in North
Wales during the 1962 Cuban missile crisis and almost erased the tape
of their conversation because he was pretty clumsy with his tape
recorder. Studs never overcame that ineptitude. He said it was actually
an asset because it made the people he interviewed want to help him.
But it was Studs Terkel's interviews with ordinary Americans, not
celebrities, that set him apart. What guided his work? Studs said:
``The principle is that ordinary people have extraordinary thoughts--
I've always believed that--and that ordinary people can speak
poetically.''
Accepting an honorary National Book Award medal in 1997, he said:

When the Chinese Wall was built, where did the masons go
for lunch? When Caesar conquered Gaul, was there not even a
cook in the army? And here's the big one, when the Armada
sank, you read that King Philip wept. Were there no other
tears?
That's what I believe oral history is about. It's about
those who shed those other tears, who on rare occasions of
triumph laughed that other laugh.

By talking and listening to ordinary Americans, Studs Terkel
harvested what the Economist magazine called ``not only the most
complete American history of this century, but the most
compassionate.''

[[Page 24174]]

``De Tocqueville with a tape recorder,'' is what the Times of London
called him.
Robert Coles, professor of psychiatry at Harvard, told the L.A.
Times:

I think he was the most extraordinary social observer this
country has ever produced.

Said his son Dan, Studs ``led a long, full, eventful, sometimes
tempestuous but very satisfying life.''
He was born in the Bronx on May 16, 1912, a month after the Titanic
sank. He used to like to say: ``I came up when she'd gone down.''
His real name was Louis. He took the name ``Studs'' in the twenties,
after Studs Lonigan, the protagonist of James T. Farrell's 1930s novels
about an Irish kid from Chicago's South Side.
His father Samuel was a tailor. His mother Anna was a seamstress who
moved to America from Poland.
The Terkel family moved to Chicago in 1922 after his father suffered
a heart ailment. They ran a rooming house at Wells and Grand.
It was there in a small park nearby formally known as Washington
Square but better known as Bughouse Square--a place, Studs said,
``where free speech is the power and the glory''--where he first met
the workers and activists who would shape his view of the world and
fill up his books and tapes.
He graduated from the University of Chicago with degrees in
philosophy and law in 1934 but did not care to work as a lawyer.
Instead, after a brief stint as a civil servant in Washington, he
joined the Work Projects Administration's Federal Writers' Project,
writing radio scripts.
Soon he was acting in radio soaps. Usually, he was the voice of the
gangster.
He served a year in the Army Air Corps but was discharged after a
year because of perforated eardrums.
He landed his own TV show at the beginning of the television age, the
pioneering ``Studs Place'' but lost it after a few seasons when he was
blacklisted during the dreaded McCarthy era.
In the early 1950s, he hooked up with WFMT, a new arts station in
Chicago. It was the start of a great partnership. His syndicated radio
talk show, ``The Studs Terkel Program,'' ran on WFMT every weekday from
1952 to 1997--45 years.
He played a sports reporter in the 1988 film ``Eight Men Out,'' about
the Chicago Black Sox scandal of 1919. And he continued to write almost
to the day he died.
He was, said an obituary by the Associated Press, ``an old rebel who
never mellowed, never retired, never forgot, and `never met a picket
line or petition' he didn't like.''
What made him so good? Bob Minzeshimer, a USA Today reporter who knew
him, said:

He had the listening skills of a psychologist, the timing
of a comic, the curiosity of a scholar, and the gravelly
voice of a boxing promoter.

He wrote with honesty, empathy, eloquence, and humor. Above all, he
wrote with real respect for the people he interviewed.
As the writer for the Economist said, ``Talking to Mr. Terkel, the
copyboy or the short-order clerk or the welfare mother felt, at last,
like somebody. They counted; they had possibilities.''
His first book, ``Giants of Jazz,'' was published in 1957. Nearly a
decade passed before he wrote another, but it was worth the wait.
``Division Street,'' released in 1966, contrasted rich and poor along
that same Chicago street and won him international recognition.
Studs' best known book, ``Working,'' was published in 1974. In 1999,
a panel of judges organized by the Modern Library, a book publisher,
ranked ``Working'' as No. 54 on its list of the top 100 best English
language works of the 20th century. He won a Pulitzer Prize in 1985 for
``The Good War: An Oral History of World War II.''
Among his other books are ``Hard Times: An Oral History of the Great
Depression''; ``American Dreams: Lost and Found''; ``The Great Divide:
Second Thoughts on the American Dream''; ``Race: How Blacks and Whites
Think and Feel About the American Obsession''; ``Coming of Age: The
Story of Our Century by Those Who've Lived It''; ``Will the Circle Be
Unbroken? Reflections on Death, Rebirth''; ``Hope Dies Last: Keeping
the Faith in Difficult Times''; ``Touch and Go''; and his final book,
``P.S. Further Thoughts from a Lifetime of Listening.'' They just
released it last week. It was at his bedside when he passed away.
He received so many awards: a Peabody Award for excellence in
journalism; the National Book Foundation Medal for contributions to
American letters; the Pulitzer Prize for his book ``The Good War''; the
Presidential Humanities Medal; the National Medal of Humanities; the
Illinois Governor's Award for the Arts; and the Clarence Darrow
Commemorative Award.
He was the only white writer to be inducted into the International
Literary Hall of Fame for Writers of African Descent at Chicago State
University.
But the recognition that meant the most to him didn't come from the
media. It was comments from people he worked with, people whose eyes he
opened. Like the man who stopped him on the Michigan Avenue bridge and
told him that after reading the words of Delores Dante in ``Working,''
he was never going to be rude to a waitress again.
Besides Chicago, the other great love of Studs Terkel's life was his
wife Ida, with whom he shared a happy marriage for 60 years until she
passed away in 1999.
Mischievous to the end, Studs said he wanted to be cremated and have
his ashes mixed with Ida's, and he wanted them both to be scattered in
Bughouse Square. ``Scatter us there,'' he said. ``It's against the law
(so) let 'em sue us.''
In ``Touch and Go,'' Studs Terkel worried that our Nation suffered
from ``a national alzheimer's disease,'' as he said it, and a lack of
historical perspective that made government the perceived enemy.
He believed that government ought to stand up for the little guy and
hold the powerful accountable. He believed it because he had seen it
before.
There would never be a good time to lose Studs Terkel but now seems
like a particularly bad time for such a loss. Our economy is in crisis.
Real people are hurting. Ordinary people who worked hard all their
lives are watching their savings disappear. Millions of Americans are
losing their jobs and their homes. They are seeing hundreds of billions
of their tax dollars handed out to banks and to Wall Street, and I
guess they are wondering: Is anybody in Government listening to them?
In these hard times, in this rare lameduck session of Congress, we in
the Senate would do well to follow Studs Terkel's example: to listen
not only to the wealthy and well connected but also to the quiet hopes
and concerns of everyday Americans. As Studs Terkel showed in his
immortal works, those everyday Americans are the soul and real strength
of America.
Our condolences go out to Studs' and Ida's son Dan and to all who
knew and loved Studs Terkel.
He stood only 5 feet 5 inches tall, with a slouch that made him look
even shorter. But in Chicago and so many other places, Studs Terkel was
a giant; and he will be greatly missed.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

ECONOMIC RECOVERY ACT

Mr. SCHUMER. Mr. President, I rise to speak about the Economic
Recovery Act, which is a comprehensive stimulus package. We need it.
Our Nation needs this. It is a much needed shot in the arm for our
ailing economy. When the economy is ailing, there are two choices: We
can choose the path of, say, Herbert Hoover and say: Government should
not be involved, let an ideological straitjacket tie us up--We know
what happened then--or we can choose the course economists on the

[[Page 24175]]

left, the middle, and the right have said we should choose, which is we
need a major stimulus package to get the economy going.
I would have hoped we would have made the choice to help this economy
and help the millions of Americans who are worried. Hundreds of
thousands have lost their jobs, millions more are worried about losing
their jobs, and tens of millions see every week that the paycheck does
not stretch as far as it did.
We face an economic crisis of a scale and scope that we have not
experienced in 25 years, if not longer. By every measure we are headed
toward a cliff. We are in the midst of the greatest housing crisis
since the Great Depression. Unemployment has been rising rapidly and is
expected to hit levels we have not seen at least since the early 1980s.
States and localities face massive budget shortfalls that may force
them to raise property taxes unless Federal assistance is delivered.
Families are running harder just to stand still, seeing their incomes
shrink while their costs, especially their food and energy costs, are
far greater than they were 1 year ago.
The credit contraction that has spread from the financial system to
average households has pummeled American businesses in every part of
the country, businesses big and small. Not even the most optimistic
among us can argue that our economic problems will take care of
themselves.
The question before us is: What are we, as stewards of the public
trust, going to do? I believe the answer is clear: The Federal
Government should, it must, provide an economic stimulus to Main Street
as we have to Wall Street. It must be significant and substantial and
it must be targeted at our most pressing needs.
The plan before us does that. It will prime the pump of America's job
machine, by fast-tracking $13.5 billion of investment into our Nation's
infrastructure which forms the bedrock of our economy. It will help the
States avoid the difficult decision to raise property taxes; you cannot
do that now. But some of them may have no choice because they have
budget shortfalls. But we can avoid that terrible choice by delivering
$40 billion in emergency fiscal aid through the FMAP.
The stimulus package before us will jump start renewable energy
production by making major investments in the technologies that will
not only help America become energy independent but will make us a
global leader in the next generation of fuel-efficient vehicles.
Importantly, this bill will also resuscitate small business lending.
We all know small businesses are the engine of our economy. But small
businesses have been overlooked in the financial rescue efforts to
date.
So working with my friend and colleague from Massachusetts, Senator
Kerry, we have worked to include provisions in this stimulus package
that will throw our small businesses a life vest to weather this storm
so they can emerge from it as leaders in job creation.
Small businesses generally rely heavily on loans from banks to build
inventory, meet their payroll consistently, and fuel the growth of the
business. These loans have all but dried up, threatening the survival
of car dealerships, mom-and-pop pharmacies, restaurants and shops all
across the Nation.
The Federal Reserve recently reported that 75 percent of domestic
banks said they had tightened their lending standards for small-
business loans, 75 percent. At the same time, 70 percent of the lenders
told the Fed that they would charge more for those loans. According to
the New York Times in an August opinion poll, two-thirds of
entrepreneurs told the National Small Businesses Association that their
companies had been hurt by the credit crunch.
Traditionally, Small Business Administration loans have filled this
gap. But chronic underfunding of the SBA under the Bush administration
and its outdated fee structure have greatly reduced lender
participation and undermined the valuable function that SBA lending
could play during this credit crisis.
In October alone, the number of loans made under SBA's largest loan
program dropped over 50 percent compared to the same month last year.
So the economy desperately needs this shot in the arm.
And SBA's loan program is cut in half. What foolishness. Why do we
not change it? That is why Senator Kerry and I fought to include in the
economic stimulus package provisions that will modernize the SBA and
jump start lending to small business.
Our bill provides $615 million to support $22.5 billion in zero-fee
loans to small businesses under the 7A and 504 programs. Providing
zero-fee loans will deliver needed relief to small business on Main
Street during Wall Street's financial crisis.
The bill also provides $1 million to support $10 million in new
microloans for small businesses and $4 million for critical technical
assistance for these new ``micro'' borrowers.
In sum, our Nation needs this stimulus package, not just for the
small businesses or the large businesses across the Nation but for the
American families who have faced devastating hits to their wealth and
economic security. We need to build a platform from which we can emerge
from this credit crisis as a global leader in energy and innovation and
high-paying job creation. I strongly urge the passage of this proposal.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Cardin). Without objection, it is so
ordered.
The Senator is recognized for 10 minutes.
Mr. BARRASSO. Thank you very much, Mr. President.

____________________

MEDICARE

Mr. BARRASSO. Mr. President, today I come to the floor to tell the
Nation a story, and it is the story of a Wyoming doctor, a doctor by
the name of Randy Johnston. He is an ophthalmologist who practices in
Cheyenne, WY. He is very qualified. He is very capable. He is also a
good friend.
The reason I come to tell you this story is because, like many
doctors across the country, Randy takes care of people on Medicare, and
occasionally in his practice as an ophthalmologist he gives shots to
people on Medicare. As a matter of fact, there is a picture of Dr.
Johnston on the front page of the American Medical News. This is an
article dated November 10, written by Jane Cys, and it shows Dr.
Johnston in his office in Cheyenne getting ready to give a shot.
Well, in the past, Randy would buy the drugs that his practice uses
and then bill the patients for the treatment. The drugs that Randy uses
are typically injected, but under this Part B Medicare drug program
some are infused through a patient intravenously right into the vein.
Two years ago, Randy enrolled in a new program created by the 2003
Medicare Modernization Act. This Medicare Part B program was called the
Competitive Acquisition Program--CAP is the phrase they use. It was
designed to give doctors a choice in the way they administer the drugs.
Under the program, the doctor would first see the patient, then order
the medicine from a Government vendor, then get the medicine, and then
give the injection.
Well, the way it worked is, Medicare would then pay the vendor for
the drugs. Medicare also would bill the patient if there was a copay or
a premium the patient owed. Randy was only responsible to bill Medicare
for the actual treatment of the patient, not for the medicines.
Congress and the Centers for Medicare and Medicaid Services hailed
this new program as a way to alleviate administrative burdens and
reduce Medicare costs--a good idea. Doctors could

[[Page 24176]]

now spend more of their time with their patients rather than serving as
drug purchasers and bill collectors.
Randy signed up for the program early, and the program that was
passed as part of the 2003 bill finally got started in 2006. Randy
thought it made good sense for him, good sense for his patients. Some
of his Medicare patients could not afford to pay for their office-
administered drugs, and Randy saw great potential in this new program.
He could transfer the Medicare billing part of it to someone equipped
to handle the administrative redtape, and this freedom would leave him
more time to focus on practicing medicine.
The program has now been in place for 3 years. What are the results?
Well, only 4,200 doctors signed up for the program. You may ask, why is
that? Dr. Johnston can tell you, and this article in the American
Medical News explains it very well. Administrative hassles, burdensome
drug transportation and storage rules, and vendor delivery problems--
and that is just to name a few.
For example, the Government rules require doctors to give patients
the drugs only in the facility where the vendor delivered the
medicine--no exceptions, none. This requirement prevented doctors from
moving drugs between their main office and a part-time satellite office
they may have in another community.
Washington bureaucrats simply do not understand what a burden this
policy can be in rural and frontier communities. Seniors living in
rural States such as Wyoming often have to travel great distances--
hundreds of miles--to see a specialist like Dr. Randy Johnston. This
program, with good intentions, clearly was not designed to meet the
unique needs facing rural patients and health care providers who work
tirelessly to serve their patients.
Dr. Johnston was also required to order the drugs for a specific
individual patient by name. He was not allowed to restock a general
office supply to use on multiple patients.
I understand the Government is trying to prevent drug stockpiling.
But this rigid program requirement does not give doctors the
flexibility they need to practice medicine. This is especially true in
emergency situations.
So who is liable when a patient comes to the doctor's office needing
immediate treatment but the doctor cannot help because he has to call
the Government to send the medicine in the first place, even if he has
a supply on hand for another patient? The program's current design has
turned out to be a bureaucratic nightmare.
After only 3 months in the program, Randy Johnston wrote Medicare a
letter begging--I say begging--to be let out of the program. Why? Well,
it was not just the excessive paperwork and the excessive phone calls
to get the medication; Randy saw how absolutely wasteful this
Government program had become.
When Dr. Johnston purchased Medicaid vials himself from a local
pharmacy, the local pharmacy would divide it into multiple doses that
could be used for different patients. Using the new Medicare program,
Dr. Johnston had to order an entire vial for each patient, use the one
dose the patient needed, and then throw the rest away.
Why would Medicare force seniors and taxpayers to foot the bill for
an entire vial of medication containing 400 doses when the patient only
needed 1 dose? At a time when Americans are facing such painful
financial times, this wasteful Government spending is appalling. We are
talking about lifesaving medicine, expensive medicine. I do not know
anyone who buys a loaf of bread, takes out one piece and eats it, and
throws away the rest of the loaf. This makes no sense to anyone.
It is well past the time that Washington bureaucrats start treating
taxpayer dollars like the money in their own personal checkbooks. When
emergencies, illnesses, or major household repairs occur in our
families, we find a way to pay the bill. We look at our budgets, we
tighten our belts, and we find alternative places to save. We eliminate
luxury items. We stop wasteful spending.
Dr. Johnston was absolutely right to try to get out of this
absolutely wrong, wasteful program. Washington bureaucrats who have
never been on the front lines treating Medicare patients developed this
program. They do not understand the practical applications. So I was
not surprised when Medicare announced in September of this year they
were putting the entire program on hold starting in January 2009.
Washington bureaucrats claim they are considering alternative ways--
alternative ways--to improve the program because they want it to
succeed.
The new administration has a tremendous opportunity to learn from
Randy Johnston and from the 4,200 other participating doctors. Rather
than hamstring providers, perhaps Washington should start to focus its
efforts on eliminating waste, eliminating fraud, and eliminating abuse
in the Medicare system.
This year alone, we have seen one news report after another
uncovering Medicare wasting money. These news reports sound the alarm
to every hard-working taxpayer in the sound of my voice and all hard-
working taxpayers across America.
Who is holding these bureaucrats accountable? Just this week, the
Department of Health and Human Services issued the Agency Financial
Report. This document shows that in fiscal year 2008, these Government
check writers made $10.4 billion--$10.4 billion--in improper Medicare
fee-for-service payments. We can do better. We can do much better than
this.
Wasteful spending strips Medicare of the vital resources that are
needed to care for our elderly, to care for our frail, to care for the
vulnerable. The new administration has a real opportunity to show
leadership. Working together, we can fix this flawed policy. Medicare
patients, doctors who take care of Medicare patients, and the American
taxpayers deserve nothing less.
Mr. President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll of the Senate.
The assistant legislative clerk proceeded to call the roll.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

RECESS

The PRESIDING OFFICER. Under the previous order, the Senate stands in
recess until the hour of 4 p.m.
Thereupon, the Senate, at 2:28 p.m., recessed until 4 p.m. and
reassembled when called to order by the Presiding Officer (Mrs.
McCaskill).
The PRESIDING OFFICER. The Senate will come to order.
Mr. BARRASSO. Madam 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. BYRD. Madam President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from West Virginia is recognized.

____________________

ECONOMIC STIMULUS

Mr. BYRD. Madam President, in September, the Senate considered a $56
billion economic recovery bill, authored by Senator Reid and myself.
While the bill received 52 votes, the minority succeeded in blocking
its consideration.
In the following 2 months, the economy has continued to deteriorate.
On Monday, Senator Reid and I renewed our effort to stimulate the
economy and help the millions of Americans hurt by the recession by
introducing a $100 billion economic recovery bill.
In response to higher unemployment, rising food costs, higher energy
costs, State budgets in crisis, and increased dependence on foreign
oil, President-elect Obama has called for passage of a second stimulus
bill. I spoke with the President-elect yesterday, and I committed
myself to helping the President implement his agenda.
Madam President, it is time to deliver to Main Street USA. S. 3689 is
a

[[Page 24177]]

$100.3 billion economic stimulus package that would create over 635,000
jobs. I will repeat that. S. 3689 is a $100.3 billion economic stimulus
package that would create over 635,000 jobs. The unemployment rate now
stands at 6.5 percent, the highest rate since March 1994. The
unemployment rate is up by 1.7 percentage points since October 2007.
The U.S. economy has lost jobs every month this year--a total of 1.2
million jobs, with almost half of the job losses coming in the last 3
months alone. New unemployment claims filed exceeded 500,000, the
highest number since just after 9/11.
In order to respond to these grim statistics--and they are grim--the
stimulus package extends unemployment benefits by 7 weeks in all
States, as well as another 13 weeks in high-unemployment States.
Thirty-seven States are facing a shortfall of over $70 billion in their
fiscal year 2009 budget, necessitating cutbacks in education, cutbacks
in health care, and cutbacks in law enforcement.
The stimulus package includes $37.8 billion--that is $37.80 for every
minute since Jesus Christ was born--to reduce the State's share of
Medicaid costs by increasing the Federal share--increasing, I say--the
Federal share by 8 percent.
The economic recovery package also--I emphasize the word ``also''--
includes a temporary increase in food stamp benefits. These funds--hear
me now--these funds will be spent quickly, and they will help to
stimulate the economy.
Over $37 billion is included for essential infrastructure and
investment programs. Now hear me, listen closely. I measure each word.
There are consequences for failing to invest in America. For 8 years--8
long years--we have failed to make adequate investments in highways,
transit systems, housing, in clean and safe drinking water systems, and
in energy independence. This bill funds such investments, as well as
small business loans, assistance for rural communities, and disaster
relief for farmers hurt by the hurricanes and the floods this summer.
I understand, I am sorry to say, there is going to be an objection to
debating this bill. This would be a mistake. I will say that again. I
understand there will be an objection to debating this bill. This would
be a mistake--a mistake. Why? Because it is time to act. Delaying is
not acceptable. And so I ask all Senators, every Senator, to do the
right thing for this country--your country, our country--and support
this measure.
Madam President, I ask unanimous consent to have printed in the
Record information related to rule XLIV of the Standing Rules of the
Senate for title I of S. 3689.
There being no objection, the material was ordered to be printed in
the Record, as follows:

CONGRESSIONALLY DIRECTED SPENDING ITEMS
----------------------------------------------------------------------------------------------------------------
Account Project Funding Member
----------------------------------------------------------------------------------------------------------------
SUBCOMMITTEE ON AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES

Department of Agriculture: Farm Agricultural crop disaster .............. Senators Landrieu,
Service Agency.. assistace. Hutchison, and Vitter.

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT

Department of Energy.................. Extend a certain cooperative .............. Senators Durbin and Bond
agreement to carry out the
FutureGen program.

SUBCOMMITTEE ON FINANCIAL SERVICES AND GENERAL GOVERNMENT

GSA................................... District of Columbia, DHS $346,639,000 The President, Senators
Consolidation and development Lieberman and Collins
of St. Elizabeths campus.
----------------------------------------------------------------------------------------------------------------

Mr. BYRD. I yield the floor. 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. McCONNELL. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

TRIBUTE TO SENATORS

Elizabeth Dole

Mr. McCONNELL. Madam President, it is my sad task today to say
farewell to our friend, the Senator from North Carolina, Elizabeth
Dole. It is hard to know where to begin with a woman who has done it
all and is admired across America.
There is an old saying that all politics is local. That is true even
for the Senator from North Carolina, who was the first viable female
candidate for President, held two different Cabinet positions, and
worked for four Presidents. You see, Elizabeth's first campaign was for
the presidency of her third grade Bird Club. She won that race.
Elizabeth began impressing many early on as she earned her bachelor's
degree from Duke University and both a master's and a law degree from
Harvard. Of the 550 members of her Harvard Law class, only 29 were
women.
From there, Elizabeth went to the White House Office of Consumer
Affairs, and then the Federal Trade Commission. In 1972, she met a
Senator from Kansas when she lobbied him on a consumer-affairs issue.
In 1975, Elizabeth and Bob Dole were married in Washington Cathedral,
creating one of the most prominent and successful partnerships in
American public life.
Elizabeth later headed President Reagan's Public Liaison Office, and
then in 1983 became his Secretary of Transportation. She served for
4\1/2\ years, longer than any previous transportation secretary at that
time. And as transportation secretary, she was fond of pointing out
that she was the first woman to ever head a branch of the Armed
Services: the Coast Guard.
When her husband Bob introduced Elizabeth at her confirmation
hearings, he displayed some of his trademark wit by remarking, ``I only
regret that I have but one wife to give for my country's
infrastructure.''
When Elizabeth had her turn at the microphone, she got him right
back. She assured the committee that she knew all about airbags,
because she had been driving around with one for years.
In 1989, Elizabeth became one of the few Americans honored to lead
more than one Federal department by becoming the first President Bush's
Secretary of Labor. Among the highlights of her tenure there was
playing a key role in resolving a bitter 11-month coal strike in
southwest Virginia.
I would even go so far as to say that Elizabeth was the second-best
Secretary of Labor this country's ever had.
Elizabeth went on to become the president of the Red Cross, and
revitalized that important institution. And of course, she became a
familiar face to all Americans in 1996 when Bob became the Republican
nominee for President of the United States, and when Elizabeth blazed
yet another trail in 2000 as the first viable female candidate for that
same office.
During her time here in the Senate, Elizabeth used the same desk her
husband used. From behind that desk, she has been a powerful advocate
for her State and her country.
North Carolinians can be proud of her record to strengthen our
military and to support military personnel and veterans. She worked to
craft a farm bill to benefit North Carolina agriculture. She has done
much to address hunger in America, by championing tax incentives to
encourage volunteerism and charitable giving, and through grant
programs to benefit food banks and relief organizations.
The ``Dole'' in the McGovern-Dole International Food for Education
and Child Nutrition Program may be for her husband, Bob, as the program
is named after him and former Senator George McGovern. But it was
Elizabeth Dole who secured more than $400

[[Page 24178]]

million for the McGovern-Dole program to go toward school-feeding and
child-nutrition programs in the world's poorest countries.
Let me take this moment to say, on behalf of my wife Elaine and
myself, that Elizabeth and Bob have been dear friends of ours for many
years. In fact, had it not been for Elizabeth, Elaine probably never
would have come to Washington in the first place, therefore I obviously
never would have met her, so I feel a special obligation to--and thanks
to--Senator Dole for that. We value their friendship, and I know we
will continue to do so for many years to come.
Elizabeth, I want to thank you for always bringing wisdom, grace and
integrity to this chamber. Over decades of accomplishments in many
prominent posts, you have served the people of America and of North
Caroline extremely well.
I know your constituents are proud, and Bob is proud, of your
service. Elaine and I wish you both well in whatever the future has in
store for you. And we look forward to hearing all about it.
The PRESIDING OFFICER. The Senator from North Carolina is recognized.
Mrs. DOLE. Madam President, I wish to express my deepest thanks for
the very kind words of the distinguished ``gentleman'' from Kentucky. I
feel very close to this gentleman because we have been very good
friends for so many years. Certainly your wife, Elaine Chao, who is
doing a tremendous job as Secretary of Labor, has been a friend for
many years. In fact, we worked together at the Department of
Transportation as colleagues and then also when she was president of
United Way and I was president of the American Red Cross. So our paths
have continued to cross in terms of our professions but also in terms
of personal relationships and the warmth and friendship.
Mitch, I can't tell you how proud I am of your leadership as the
Republican leader, and I am so proud you have been reelected by your
colleagues. You do a tremendous job. You are a master of the Senate.
Through the years, you and I have had a chance to work together on many
issues. Of course, it was my privilege early on--I believe in my first
year in the Senate--to visit the University of Louisville and the
McConnell Center for Political Leadership and to speak to the McConnell
Scholars. That is just one of many things you are doing to help others
outside the Senate as well as the tremendous work within the Senate.
Just know I treasure your friendship. I look forward to being in
close touch and hope there will be many other initiatives on which we
can work together, Elaine and Bob and I, in the years to come. Thank
you so much for those most kind words wishing me well. I wish you all
the very best.
Mr. McCONNELL. Madam President, you just witnessed the classic
Elizabeth Dole. I came out here to do a tribute to her, and she turned
around and did a tribute to me. This is, I would say, indicative of the
way Senator Dole has conducted herself in public life throughout her
service. We are going to miss her in the Senate, but I know she will
continue to make important contributions to our country.
We revere your legacy and look forward to continuing our friendship
in the coming years.
Mrs. DOLE. Thank you so much.

gordon smith

Mr. McCONNELL. Madam President, I rise with sadness to say goodbye to
our friend the Senator from Oregon, Gordon Smith. For 12 years, he has
made the people of Oregon proud by serving as a model legislator:
thoughtful, independent, and focused on getting results for our country
and his State.
Gordon heard the call to serve others early in life, becoming an
Eagle Scout as a boy and taking a 2-year mission to New Zealand for his
church. He earned his bachelor's degree at Brigham Young University and
his law degree at Southwestern University.
He then bought back the family business, a frozen vegetable company,
and transformed it into one of the largest and most profitable in the
country. With Gordon's departure, we are losing the Senate's only
member of the Frozen Food Hall of Fame.
Gordon's desire to serve led him to run for the Oregon State Senate
in 1992. His peers recognized the star in their midst when they
elevated him first to minority leader, then to Senate president during
his first term in office.
Gordon then entered a special election to fill a vacant U.S. Senate
seat. Election day fell in January 1996, and Gordon lost that race--the
winner was our colleague, his fellow Senator from Oregon.
But then Gordon did something no one else has ever done, and proved
to the people of the Beaver State how much he cared about making sure
every Oregonian's voice was heard in Washington.
He ran for the Senate again in the regularly scheduled election later
that year, making him the only American in history to run for two
Senate seats in the same year. The people of Oregon gave him their
trust and Gordon has never let them down.
Oregonians can rightfully be proud of his conservation record, as he
championed legislation to successfully secure the protection of 170,000
acres of wilderness on Steen Mountain and the Bull Run watershed.
While protecting our natural resources, he also understands the
importance of the many working Oregonians who depend on his State's
natural resources for their livelihood. The foremost example of his
work in that regard is his tireless effort to protect the farmers of
the Klamath Basin area, and keep their agricultural lands in
production.
He has fought to lower the number of uninsured and drive healthcare
costs down, and has been a tireless advocate for the disabled and
mentally ill.
He has sponsored legislation to strengthen the prosecution of child-
exploitation cases, fought for new protections against Internet
predators, and led the effort to increase funding for programs that
help victims of rape, sexual assault and domestic violence.
Gordon has also been a leading voice on issues of education, and has
fought to secure rural schools throughout Oregon. And he has fought for
lower taxes, so more Oregonians can keep more of what they earn.
But there is one issue in particular where Gordon led the way in a
very personal manner for a cause close to his heart. In 2003, Gordon's
son, Garrett, committed suicide just one day before his 22nd birthday.
The torment a parent must feel after losing a child must be the worst
horror imaginable. No amount of sympathy, no words, nothing any of us
could do could possibly ease the pain in Gordon's and his family's
hearts.
Yet even in his grief, Gordon showed us the strength of his character
when he wrote about his loss in his moving memoir, ``Remembering
Garrett.'' And he channeled his sadness into successful legislation,
the Garrett Lee Smith Memorial Act, to create screening programs to
identify and help youths at risk for suicide.
I'll never forget his powerful words on behalf of that legislation in
this very chamber. He said:

[There's] no owner's manual to help you bury a child,
especially when the cause is suicide. So I've committed
myself to trying to find meaning in Garrett's life.

Gordon, with that brave act you prevented the tragedy of suicide from
befalling countless other families. I can think of no more profound
example of strength and leadership than that.
Every Senator knows what a pleasure it is to work with Gordon. He
believes we were sent here to find solutions, not confrontations. And
for every day he has served in public office, finding solutions has
been his goal.
Gordon, it has been a privilege to work with you these many years,
and to spend time with you and your wife Sharon. America is a stronger
Nation thanks to your dedication and spirit of public service. Please
don't forget you have many friends here, and we all wish you well in
your bright future.
The PRESIDING OFFICER (Ms. Cantwell). The Senator from Oregon is
recognized.
Mr. SMITH. Madam President, I thank my leader, Mitch McConnell.

[[Page 24179]]

Winston Churchill observed that ``Democracy is not always a polite
employer.'' That is the case in my reelection effort. Yet I feel
nothing but gratitude to the people of my State.
I acknowledge the wisdom of the people of Kentucky in your reelection
and of the wisdom of my colleagues for electing you again as our
leader. You are an articulate advocate for causes that I think are
important for America not to forget in the coming days. It is one of
the high privileges of my life that I have been able to serve with you
as a friend and as a colleague.
I thank you and I thank my Senate family, without respect to party,
for the help that was given to Sharon and me at the most painful time
of our lives--to find additional meaning in the life of our son by
helping the sons and daughters of others. I hope and pray that my
Senate colleagues, while I am gone, will not forget those who struggle
with mental illness. I am so proud of Senator Domenici, Senator
Kennedy, and others who championed mental health parity. It has been a
privilege to be on their team in this cause. It is a silent cause. It
is one that does not get a lot of ink or much attention because America
is still opening its mind to this important area of medicine. But we
have blazed a new trail, and much of it was because of your leadership,
sir.
For the privilege of serving with you, of serving my State, of
serving with these colleagues here, I thank God and I thank the State
of Oregon and I say God bless America.
Mr. McCONNELL. Madam President, may I just add a word to my friend
from Oregon. He has had an extraordinarily successful tenure here. In
my view, I would say to my friend from Oregon, you can always look back
on these 12 years with a sense of accomplishment. You have been a major
player in this institution on a variety of different, extremely
important matters that will affect each generation to come. So on
behalf of all of our Republican colleagues, and I am sure on behalf of
everyone in the Senate, I thank you for your extraordinary service.
The PRESIDING OFFICER. The majority leader is recognized.
Mr. REID. Mr. President, before the Senator leaves the floor--I am
sorry I had to leave, I was called away from my desk--I wanted to say
through the Chair to my friend Gordon Smith that I, of course, watched
all the election results very closely. But my wife watched one election
result, and that was yours, because of the longstanding relationship
she has with you and Sharon. The record is very clear of our
longstanding friendship and our having had a similar experience with
our loved ones following suicide.
I am sorry I didn't have more time to maybe write something out that
may have been more meaningful, but I hope the Senator from Oregon will
always understand the affection, respect, and admiration I have not
only for what you did in your Senate service but for what you do in
your personal life.
The PRESIDING OFFICER. The Senator from Connecticut is recognized.
Mr. DODD. Let me say as well, I don't have a prepared statement to
make, either, but I want to tell my friend from Oregon how much I have
enjoyed my work with him over the years on a number of very important
issues dealing with the issue that the Senator can speak of not only
with eloquence but with a great deal of passion, and that is the issue
of mental illness. We were able to pass, in the waning days of our
session, of course, the mental health parity bill. How important that
was. Pete Domenici, Ted Kennedy, Paul Wellstone, and others worked on
it, but Gordon Smith was invaluable in that discussion.
I enjoyed immensely my work with him during his two terms in the
Senate. I will say to my friend, the good Lord is not through with you
yet. There are a lot of things you can do for our country. You have
done a lot already. So I hope you come back often and see us and know
you have friends who care about you and cherish you very much. Although
there is an aisle here that separates us politically, the aisle doesn't
exist when it comes to respect and admiration. In those terms, I am
your seatmate in terms of my respect for you. I thank you for all you
have done.

John Sununu

Mr. McCONNELL. I also rise today to say farewell to the Senator from
New Hampshire, John Sununu. Although John is the youngest Senator, he
is one of our brightest. A reporter once wrote that one of John's
fellow Senators said that if we were ever to lose John, the rest of us
would have to argue over who would be the smartest person in the
Senate. But as long as we had John around, there was no argument.
John impressed people at a young age, earning both a bachelor's and
master's degree in mechanical engineering from MIT and an MBA from
Harvard. He received real-world experience working as an engineer in
jobs I daresay few of our colleagues could try to explain, myself
included.
Then one day a seat from New Hampshire in the House of
Representatives opened up, and John took a good long look at it. John
has never been the kind of man who felt he deserved a job on the public
payroll. He did not crave the power and respect that came with holding
office. Yet we are certainly thankful his great State has sent him
here.
Now, 12 years later, I think we can say with confidence that New
Hampshirites could not have had a more dedicated and principled public
servant.
After 6 years of service in the House, New Hampshire sent John to
this Chamber in 2002. To reach the Senate, he had to face an incumbent
Senator in the primary and then a sitting Governor in the general.
Since then, John has compiled a record of which every citizen of the
Granite State can be proud.
A student of the free market, John strongly believes lower taxes
promote growth and expand opportunities. That is why he fought so hard
to extend the ban on taxes to access the Internet. That tax ban was
signed into law, and it protects consumers from taxes on Internet
access, e-mail, and instant messaging for 7 years.
Just think, if online communications and commerce grow as rapidly
over the next 7 years as they have over the past 7, John's tax ban will
not only have promoted economic growth, it will have spared countless
small businesses and families from a tremendous burden. For that, he
deserves all of our thanks.
John's voice was one of the loudest to say that we must tackle tough
issues now, such as entitlements and the future of Social Security. He
stood up time and again, calling on Congress to reduce Government
spending, expand telecommunications service to rural areas, and clean
up air pollution.
He also learned firsthand the principle that has made America great,
our commitment to personal freedom. It is what this country was founded
on. John understands what makes America work is not what we do in this
Chamber but what millions of Americans do every day for their families
and communities.
John is a kind and compassionate man who is a joy to know. I remember
well when the senior Senator from Pennsylvania underwent chemotherapy
in 2005 as part of his treatment for Hodgkin's disease.
Like many chemotherapy recipients, the Senator from Pennsylvania's
hair fell out. In a generous act of solidarity with his colleague, John
shaved his head. That certainly took more commitment than sending a
get-well card. But that is John Sununu.
John, I am going to miss you. It has been an honor to work by your
side over these past 6 years. It has been a joy to know you, your
lovely wife Kitty, and your family.
I want them and you to know that we in the Senate admire the depth of
your convictions and the strength of your heart. I am sure that
whatever the future holds for you, you will be a huge success.
The PRESIDING OFFICER. The Senator from New Hampshire is recognized.
Mr. SUNUNU. Madam President, I ask unanimous consent to speak for a
few minutes in response to the very kind remarks of the Republican
leader.

[[Page 24180]]

The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. SUNUNU. First, it is probably appropriate for me to note that the
haircut that I now sport is an echo of that summer a couple of years
ago when I cut my hair, or cut all of my hair, in tribute to the
sacrifice and the celebration of the final chemotherapy treatment of
Senator Specter.
He underwent another round of chemo this past summer. In the middle
of the campaign, I did not think it was appropriate to shave my head.
So the day after the election, 2 weeks ago, I thought there was some
pent-up demand in my own heart to remember those tough weeks for Arlen
Specter. So I was happy to go out and shave my head again. That is why
it looks a little bit different than it might have during the campaign.
The Republican leader has been very kind in his remarks. And I cannot
help but note that I am a little bit too young to have anyone paying
tribute to my career, as it were, in public service. I believe very
strongly that you go out, you find work that you love, a job that
teaches you great things, and if you have some opportunity to serve
your community, your State, your country in public service, then you
think seriously about that opportunity.
That is how I came to the House and even my work in the Senate. I am
going to have the opportunity to go back and do things that I find
challenging being an engineer, coming out of a small business
community. I know there are a lot of great challenges and opportunities
that await. But I also know there may come another time when there is
an opportunity to serve, and I will always take those opportunities
very seriously.
On election night, whether you win or lose, you always thank the
people who matter most to you. You thank your family, you thank the
people of the State of New Hampshire who have been good enough to give
you the privilege to serve, but you also thank the people who made your
work possible in the Senate, your colleagues. I cannot think of any
colleague who has been more supportive and more helpful to me over the
6 years I have been in the Senate than Senator Mitch McConnell of
Kentucky.
The Senator mentioned my work on the Internet tax ban, but the
Senator from Kentucky did not mention his own work. This was a case
where it helped to have someone with Senator McConnell's leadership and
experience because while I waited patiently in the midst of a
reauthorization of the Amtrak bill, once we had the opportunity to
offer amendments, I happened to be prepared with an amendment that
would ban taxes on Internet access. And the leader from Kentucky just
happened to be prepared with a motion to close debate on that amendment
so we could finally get a vote.
While that procedure may sound very arcane to people who may be
listening to the Senate debate at home, it was absolutely essential in
bringing that issue to a successful completion. So only by working
closely with the Senator from Kentucky were we able to get that work
done on the Internet tax ban. And it is perhaps the work that I am most
proud of. I think it is the work I have been able to do in the Senate
that will probably have the most lasting economic impact. It is
important to leave behind a record that you are proud of, but it is
also maybe even more important to leave behind many fond memories of
that work, fond memories of colleagues with whom you were able to spend
time and, of course, fond memories of the friendships you were able to
form, both with members of your own party and with those on the other
side of the aisle.
Perhaps what I am most proud of overall is that the pieces of
legislation I was able to sponsor and pass, whether it was the Internet
tax ban, civil liberties protection that we added under the PATRIOT
Act, the Wilderness Act that protects 25,000 acres of the White
Mountain National Forest, were all bipartisan pieces of legislation.
That means a lot to me.
I think it will serve me well in any future endeavors I undertake in
public service. I thank Senator McConnell, the Republican leader.
Mr. McCONNELL. Madam President, let me just say to my friend from New
Hampshire, it has been a real privilege to serve with somebody of your
intellect and ability. I know you are going to be a huge success. You
have, as we discussed, a lot of your life left. I know you are going to
be a huge success in the coming years, and I am looking forward to
seeing more of you in the future.
The PRESIDING OFFICER. The Senator from Maryland.

____________________

UNANIMOUS-CONSENT REQUEST--S. 3684

Ms. MIKULSKI. Madam President, I ask unanimous consent that the
Senate proceed to the immediate consideration of a bill I have at the
desk which is the text of title VII of S. 3689 regarding the auto sales
tax deduction, and further that the bill be read a third time and
passed, and the motion to reconsider be laid upon the table, with no
intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. SUNUNU. I object.
The PRESIDING OFFICER. Objection is heard.
Ms. MIKULSKI. It is my understanding I still have the floor?
The PRESIDING OFFICER. The Senator has the floor.
Ms. MIKULSKI. Boy, am I sorry that is the last act of John Sununu in
the Senate. I hope it is not the last thing. I feel so badly about
people objecting to me bringing this up. Mine is a bipartisan bill that
I thought maybe I would win, maybe I would lose, but at least we could
bring it up and debate it and discuss it and vote on it.
My bill was a straight-forward bill. My bill was to help save jobs in
the automobile industry, from manufacturing, sales to service, to the
little people who are the bookkeepers in our communities.
My bill would give a tax deduction to someone who would buy a car in
these 6 weeks and they would be able to take a deduction of interest
and sales tax. The total cost of my bill was $8 billion. But the cost
of not doing my bill is going to be horrific. It is going to be
absolutely horrific. I cannot get over how these economic conservatives
have their ostrich heads in the quicksand of our economy.
You know what is going to happen when our automobile industry goes
down. Well, let them go. Well, I will tell you, we are going to lose
$156 billion over the next 3 years in lost taxes, unemployment, and
health care assistance.
We are facing the possibility that 3 million people could lose their
jobs. But oh, no, we object. We object to debate. We object to
discussion. We object to taking our ideas and putting them into the
sunshine and being able to do what I thought you do in a democracy,
vote ideas up or down.
If I lose my bill in a vote, that is the way democracy works. But to
move it through a parliamentary maneuver of something called, ``I
object,'' I object to the objection. I have no idea why anyone would
object to bringing up an idea that has bipartisan support to see if we
could stimulate demand in the automobile industry.
Well, I tell you what. Senator Barb Mikulski is not the only one who
objects. The American people object. And that is what they did when
they walked into that voting booth on November 4 and voted for change.
They said: Yes, we can. They were objecting to what goes on in this
institution and what has been going on in the White House for the last
8 years.
They said: I object. And they voted. They objected and then they
voted. And they object by their vote. There is a reason a political
tsunami hit this institution. It is because of this continual way of
throwing sand in the gears of democracy. So they said: I object. That
is what the people said.
So we can go through these parliamentary shenanigans. We can delay
what we could do in the next 48 hours to get our economy going. But,
oh, no.
We are going to do it. The question is, are we going to do it today
or are we going to do it 8 weeks from today? The

[[Page 24181]]

longer we wait, the deeper and more prolonged the recession will be.
Right now we could begin to not only turn the page but begin to turn
the economy around.
So those are the rules of the Senate. I signed up for the Senate, so
I take the rules as they are. But I will tell you, I stand with the
American people. I object. And I object to the objection. I am going to
keep fighting this until we leave. It is my view we shouldn't leave
until we pass legislation to get this economy going. If we cannot do it
this week, come back next week because the real turkeys will not be in
our oven. The real turkeys will be close at hand.
I yield the floor.

____________________

UNANIMOUS-CONSENT REQUEST--S. 3656

Mr. SCHUMER. Madam President, I inform the Republican leader, I had
arranged to do a unanimous-consent request when the Senator from Iowa
could be on the floor.
I ask unanimous consent the Finance Committee be discharged from
further consideration of S. 3656, the Senate proceed to its immediate
consideration, the bill be read a third time and passed, and the motion
to reconsider be laid upon the table, with no intervening action or
debate.
The PRESIDING OFFICER. Is there objection?
Mr. GRASSLEY. Madam President, I reserve the right to object.
The PRESIDING OFFICER. The Senator is recognized.
Mr. GRASSLEY. Madam President, throughout the years, the Committee on
Finance has worked to safeguard and improve the programs under its
jurisdiction, including the Medicare and Medicaid Programs. The Finance
Committee has a unique expertise on these programs and is the only
committee in a position to assess the possible effects of individual
changes on all Social Security programs as a whole. Accordingly, it is
essential that any legislative proposals impacting these programs be
considered by the full Senate only after the Finance Committee conducts
a thorough analysis of the issues involved and the potential solutions.
I would like to bring up one example of how this bill needs scrutiny.
There is a provision buried in here that would allow California to
escape its responsibilities to ensure that illegal aliens are not
getting Medicaid benefits to which they are not entitled. Do the
American people support giving Medicaid to illegal aliens? I don't
think so. Simply bypassing the committee process with legislation on
complex issues runs contrary to how this body should function. In fact,
as my friend from New York is aware, Congress already had extensive
debate and enacted a Medicare bill already earlier this year. That bill
was authored by the chairman of the Finance Committee. So the Senate
and the full Congress have already had extensive Medicare debate this
year. The Senator from New York, as a member of the Finance Committee,
had ample opportunity to raise the issues earlier this year that he now
raises in a bill he wants to bring up right now. So regardless of the
merits of the Senator's proposal, I believe that ship has set sail.
I have a more extensive statement on the provisions themselves. Some
of them, I want the Senator from New York to understand, I actually
support, and I oppose some, obviously. Perhaps we can work together on
some of these issues where we agree, if the Senator is interested.
Today, however, I am forced to object to the Senator's consent request.
Notwithstanding the significant jurisdictional and process issues I
just raised, I would also like to note that there are several
provisions in the bill I strongly support. However, there are several
provisions in this bill that I oppose at this time and do not believe
the Finance Committee has given proper consideration through hearings
and investigations.
One of the provisions in S. 3656 that I support would delay
implementing provisions of a proposed CMS rule that would change
conditions of participation for rural health clinics and decertify
rural health clinics that are no longer in nonurbanized areas. It would
also delay proposed changes to the existing payment methodology for
rural health clinics and federally qualified health centers. While I am
very concerned about the proposed CMS rule and its impact on rural
health centers, RHCs, unfortunately I cannot support this legislation
which is within the jurisdiction of the Finance Committee but which has
not been given any consideration by the committee.
The CMS proposed rule would impose new location requirements for RHCs
and require that clinics be located in a nonurbanized area, as defined
by the U.S. Census Bureau, as well as meet shortage area designation
requirements. Only new RHCs applying for the program are currently
required to meet these criteria but the CMS proposal would extend these
requirements to already certified RHCs. According to CMS, about 500 of
the approximately 3,700 RHCs operating today may not meet these
requirements.
Iowa is currently in the throes of a growing shortage of physicians,
especially in the more rural areas of the State, due to inequitable
geographic adjustments in physician payment that result in Iowa
physicians receiving some of the lowest Medicare reimbursement in the
country even though they provide some of the highest quality care.
These geographic payment disparities, which discriminate against rural
areas, have further exacerbated the problems of rural access to care.
The CMS proposed rule could have a severe adverse impact on a number
of rural health clinics in Iowa, including many located in counties
that have been declared disaster areas from the severe flooding Iowa
suffered earlier this year. Rural clinics in Iowa also could be
severely impacted by the CMS proposed payment changes since RHC costs
in Iowa and other States are already higher than the existing Medicare
reimbursement cap. If the CMS rule is finalized as proposed, rural
health clinics in Iowa and elsewhere may be forced to close their
doors, even though they have served rural populations very well for
many years, leaving Iowa with fewer physicians and some patients with
little access to primary care and other critical medical services.
This bill would prevent the application of a CMS policy to phase-out
a payment adjustment for indirect medical education, IME, under the
Medicare capital Inpatient Prospective Payment System, IPPS. Currently,
teaching hospitals receive this upward payment adjustment under the
capital IPPS. CMS announced in the fiscal year 2008, Medicare Hospital
IPPS Final Rule that they would begin to phase out the IME adjustment
for capital IPPS in fiscal year 2009.
As the former chair and currently the ranking member of the Senate
Finance Committee, it has long been one of my priorities to ensure
Medicare payments are both accurate and equitable. I question whether
this bill would further this goal, which many of us share.
The appropriateness of the IME capital IPPS adjustment has been
analyzed not only by CMS, but also the Medicare Payment Advisory
Commission, MedPAC, which advises Congress on Medicare payment issues.
CMS has documented relatively high and continued positive margins for
teaching hospitals under the capital IPPS compared to nonteaching
hospitals. In fact, from 1998 through 2006, teaching hospitals had an
aggregate capital IPPS margin of 11.2 percent while nonteaching
hospitals had an aggregate capital IPPS margin of -0.8 percent.
Based on these figures, many, including myself, question the
appropriateness of this payment adjustment. This is a case in point of
why legislative proposals such as this must first go through the
committee process.
S. 3656 puts a moratorium on a CMS rule regarding Medicaid payments
for hospital outpatient services. Early this year, Congress placed
moratoriums on six other CMS Medicaid regulations. Just as I opposed
those moratoriums, I strongly oppose this one as well. The Finance
Committee has not held the first hearing as to why this action is
necessary. We have not considered

[[Page 24182]]

whether payments currently being made are not consistent with the
statute. Medicaid is a critical program for children, pregnant women,
the disabled, and the elderly. We have a responsibility to the people
who depend on the program to make sure that funds are being
appropriately spent. This moratorium is not consistent with that
responsibility.
This bill also intervenes in a dispute by CMS and the State of
California. The State of California has been seeking approval of an
extension of their family planning waiver for 6 years. For 6 years, CMS
has been pushing California to improve their collection of Social
Security numbers and citizenship documentation for women enrolled in
the program. This bill essentially requires CMS to approve of the
extension of California's waiver without requiring California to do
anything further to improve their process of ensuring people who
receive benefits are actually eligible for those benefits.
I would also like to point out that a comprehensive Medicare bill
written by the Chairman of the Finance Committee was passed by the
Senate this summer. One can presume that the proposals in this bill
were considered and rejected for inclusion in that Medicare bill.
I understand that legislation is often the art of compromise. We
can't always get everything we want in every bill and keep everything
we dislike out. It is a balance. However, I think both in terms of
process and policy, this bill does not sufficiently achieve a balance I
think is necessary and I must, therefore, object to its consideration.
The PRESIDING OFFICER. Objection is heard.
The Senator from New York.
Mr. SCHUMER. Madam President, I introduced this bill in October in
response to overwhelming concerns New York health care providers have
about three devastating health regulations that the Bush administration
is pushing.
My bill would put a 6-month delay on the Medicare Hospital Capital
IME payment policy to teaching hospitals, a 6-month delay on the now-
final Medicaid Outpatient Clinic regulation, and a 6-month delay on the
Medicare Hospice rule--three regulations that affect the heart and soul
of our health care system--the facilities and health providers that
take care of all Americans, rich or poor, rural or urban.
Given the urgent challenges we face in our economic health, now is
not the time to be cutting hospitals or clinics that serve our physical
health. We should be making health care more effective and efficient--
not slashing reimbursement and running these providers out of business.
The new Medicare Hospital Capital Indirect Medical Education, IME,
payment policy is a disaster for teaching hospitals. It went into
effect on October 1 and will be fully implemented in 2010.
This new policy runs counter to what works in American medicine. The
Medicare program has long served the public good by funding the
training of new doctors in our academic medical centers and teaching
hospitals, using IME payments.
Across the Nation in large and small communities there is a shortage
of physicians--from primary care to surgeons. We rely on our Nation's
academic medical centers, 13 of which are in my State, and teaching
hospitals to train new physicians.
The new policy eliminates critical funding that supports teaching.
The total cost of this new policy to New York's teaching hospitals
would be $62 million when it is fully implemented in 2010. The total
for all U.S. hospitals is $380 million.
Let me illustrate what these cuts mean to New York hospitals: Albany
Medical Center Hospital, $1.2 million; Kaleida Health in Buffalo, $1.3
million, Montefiore Medical Center, $3.7 million; Strong Memorial
Hospital, $1.6 million; Stony Brook University Hospital, $1.6 million;
Bassett Hospital in Cooperstown, $426,000; and Coney Island Hospital,
$565,722.
These facilities are the same ones in my State who provide the lion's
share of uncompensated care to the uninsured.
One of the hardest hit hospitals in my State is Mt. Sinai Medical
Center in Manhattan. They stand to lose $4.1 million by 2010.
This lost funding means Mt. Sinai Medical Center will be forced to
take cost cutting steps:
First, delay completion of their inpatient electronic medical record
rollout; second, they won't be able to expand their already crowded
emergency room that provides over 100,000 patient visits a year; and
third, they will scale back many free medical screenings and other
programs for patients.
These are not the actions we want hospitals to take.
Hospitals need our help. The Medicare Payment Advisory Commission,
MedPAC--which is a nonpartisan group--has said that in 2006, hospitals'
Medicare margins nationwide were in the red at negative 4.8 percent.
In New York in 2006, rural hospitals were hit the hardest by low
Medicare reimbursements with even lower margins of negative 8.2
percent.
After 7 consecutive years of overall negative margins, the hospitals
in my State did little better than break even in 2006. It doesn't make
sense to me that we would gut a source of training for high-paying jobs
in this country at a time when we are bleeding jobs.
This is not just a New York issue. In July, 51 Senators signed a
bipartisan letter to the Centers for Medicare and Medicaid Services,
CMS, that opposed implementation of the capital IME. We need to pass my
bill so that these cuts don't hurt all U.S. hospitals.
Now I want to speak briefly about the Medicaid Outpatient Clinic
Regulation that my bill places a 6-month moratorium on.
For months I fought with CMS about this regulation. Unfortunately,
they finalized it last week.
But, I am pleased that in the final version free-standing health
clinics were saved from massive cuts. There were many clinics in New
York that were saved from either closing their doors or saying no to
their patients.
I want to talk about Ed, a 62-year-old Buffalo resident, who can only
move his head due to his cerebral palsy. With the help of a free-
standing clinic in Buffalo, called Aspire, Ed learned to operate his
power wheelchair with his chin.
Even more amazing he can operate a computer using his chin. Ed spent
5 years mastering desktop publishing and then formed his own successful
business.
If free-standing clinics were included in the final regulation, Ed
could not attend Aspire of WNY's wheelchair clinic, where physical,
occupational and speech therapists customize all sorts of things for
him. Without that service, Aspire tells me that he would be completely
immobile and not as independent.
Let me discuss another New Yorker that the Buffalo-based Aspire
Clinic helped. In 1998, Aspire wanted a woman named Alice to have a
colonoscopy. When she did, it was revealed that she had colon cancer.
But luckily they found it in time and she had surgery to remove the
cancer and now, 10 years later, she is doing fine.
Alice is just one of hundreds of individuals who receive primary
medical care through these essential primary care clinics.
Enable, a Syracuse agency that serves children and adults with
disabilities, told my office that they would have to stop providing
physical and occupational therapy to more than 300 clients on Medicaid
if the Rule had included freestanding clinics.
I wish CMS hadn't made this regulation final, but at least it isn't
as bad as it could be. We will know the extent of pain that other
clinics and hospital outpatient services may face on December 8, when
the rule must be implemented.
Therefore, I hope that the Senate will pass the PATH Act. As we have
heard, there are just too many terrible cuts underway in health care,
and we need to be doing all we can right now to stop the bleeding.
I understand my colleague has objected. That is unfortunate. To wait
another 3 months or 6 months at a time when our economy is in such dire
shape

[[Page 24183]]

will do severe damage to health care throughout the country. In my
State of New York, for instance, the new Medicare Hospital Capital
Indirect Medical Education payment policy is a disaster for teaching
hospitals. It runs counter to what works in American medicine. It
affects large and small communities. We have a desperate shortage of
physicians, from primary care to surgeons. The country relies on
academic medical centers. This clobbers them at a time when it should
not have happened. Many of us believe this regulation was not within
the purview of CMS to enact. They went ahead and did it. I would hope
that maybe my colleague will reconsider. We will return to this issue
when we come back in January, but some damage, unfortunately, will be
done.
I understand why my colleague has objected. I regret it. There was no
time to move in the Finance Committee because this regulation didn't
take effect until very recently, having many bad affects. I will work
hard and not rest until we overturn the regulation.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. REID. I ask unanimous consent that the order for the quorum call
be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

UNANIMOUS-CONSENT REQUEST--S. 3689

Mr. REID. Madam President, with the daunting challenges we face on
our road to economic recovery--and that will come; it is a question of
when--there is no reason to wait for a new year, a new Congress and a
new President. We could vote now. We could take action now. We can't
solve our economic challenges with one vote, but we could get started.
So I say, why wait. Every day that goes by, thousands of Americans lose
their jobs. Thousands of homes are lost. Scores of companies file for
bankruptcy. So why don't we staunch the bleeding, stop some of the
pain, and begin to turn things around? We have before the Senate a
comprehensive economic stimulus plan worked out with the Appropriations
Committee, the Finance Committee, and the Agriculture Committee, that
we could pass and we should pass. I wish to express my appreciation to
the members of the Appropriations, Finance, and Agriculture Committees.
They have worked very hard to put this package together under the
leadership of Senators Byrd, Baucus, and Harkin.
What do I mean by ``comprehensive''? Instead of addressing just one
part of our economic crisis, this legislation takes many steps that
economists agree we need.
I ask unanimous consent that the Senate proceed to the consideration
of Calendar No. 1122, S. 3689; that the bill be read a third time,
passed, and the motion to reconsider be laid on the table, and there be
no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
The Senator from Arizona.
Mr. KYL. I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, we have a matter on which the objection
was made. I did not cover it all, of course, in that matter. We have
significant things in that piece of legislation that were objected to
dealing with infrastructure; unemployment benefits; FMAP, which is the
matter to give some fiscal relief to our States; and it would give help
to the auto industry. So this is the type of issue on which I wish we
could move forward. I understand my colleagues. They are not going to
accept this.
I think the provision we have dealing with taking the money out of
the financial bailout that we have, that the White House has, the
Treasury Department has--I have talked on the floor over the last 2
days about that. There is no need to belabor that point. But it is too
bad we could not move forward on that basis.
It is my understanding Senators Levin and Bond are going to try to
come up with some alternative proposal. When they come up with that, I
would be happy to see if there is any way we can move procedurally.
That is not going to be easy with what is going on in the House and,
actually, what is going on here. But I will confer with my counterpart,
Senator McConnell, and we will do what we can to move forward.

____________________

UNANIMOUS-CONSENT REQUESTS

Mr. REID. Madam President, I ask unanimous consent that we move
forward on this bill, S. 3689--there is a provision in that dealing
with what we call FMAP--that the FMAP provision be taken out, that it
be considered as separate legislation, be read three times and passed,
the motion to reconsider be laid on the table, and there be no
intervening action or debate.
The reason that is so very important is that FMAP is something that
every State--every State, all 50--is in desperate need of. No part of
our country has proven immune from our economic struggles. We are all
sharing the heavy burden of these difficult times. But few places are
suffering, though, more than we are in Nevada.
Budget shortfalls in Nevada are causing deep cuts in bedrock programs
the Government must provide, programs that help and protect children,
senior citizens, and people with disabilities.
The State of Nevada has been forced to cap enrollment in Nevada
Check-Up, our form of children's health insurance. The State recently
had to institute cuts to provider reimbursement. What is worse, these
cuts will not end here unless we act to provide fiscal relief by
increasing the Federal Medical Assistance Percentage; that is, FMAP.
What are the consequences of inaction? It was reported in the media
this weekend that due to the provider rate cut, University Medical
Center in Las Vegas, our public hospital, is discontinuing outpatient
cancer treatment. And that is not just for Medicaid patients, it is for
all patients. It is not clear if all those patients will be able to
afford chemotherapy elsewhere, but it is pretty clear they will not be
able to.
Low-income children who need orthopedic treatment will have to leave
Las Vegas altogether for services elsewhere. They will likely have to
leave the State.
There is more to come. The cuts are not over. This is the way it is
in many States around the country. The budget shortfalls are deep. When
States have to cut provider reimbursement for some of the things I have
outlined, they have real difficulties in making the safety net not be
one that has big holes in it. States have found no choice but to look
at cutting services such as mental health and cutting actual people
from the program, adding to the ranks of the insured at the worst
possible time.
We have been working in the Senate to provide help. The stimulus bill
we introduced includes a temporary 8-percent FMAP increase to stave off
these cuts. It will not fix the problem, but it may make a difference
in ensuring that our children are not without the care they need. I
hope we can take that step.
The PRESIDING OFFICER. Is there objection?
Mr. McCONNELL. Madam President, reserving the right to object, this
is a spending measure of $37.8 billion which has not been considered by
the Finance Committee. We should be asking the States to pay it back.
We should require the States to agree to not raise taxes. For all of
those reasons, Madam President, I object.
The PRESIDING OFFICER. Objection is heard.
Mr. REID. Madam President, I have one final consent request on which
I would like to move forward. This is the matter dealing with
automobiles. We know the issue before this body. There have been
speeches given the last several days about where the automobile
industry is. We have watched on national TV the congressional hearings
that have taken place on this side of the Capitol and on the other side
of the Capitol. We need to try to figure out some way to move forward.

[[Page 24184]]

We believe the best way to move forward is taking the money, as I
have indicated, out of the so-called TARP money. I do not believe we
need the legislation. I think--well, I don't know. I have talked to
Secretary Paulson twice today. He knows he has authority to take money
out of that; he just does not want to do it.
So I ask unanimous consent that the Senate proceed to the
consideration of a bill I have at the desk, which is the text of title
VI of S. 3689 regarding automotive industry assistance; that the bill
be read a third time and passed, the motion to reconsider be laid on
the table, and there be no intervening action or debate.
The PRESIDING OFFICER. Is there objection?
Mr. KYL. Madam President, reserving the right to object, the longer
this legislation has been lying around, the more objections have been
heard to it. So, yes, I do object.
The PRESIDING OFFICER. Objection is heard.
The Senator from Missouri.
Mr. BOND. Madam President, the distinguished majority leader was kind
enough to mention the fact that several of us on our side have been
working with leading Members on his side of the aisle to come up with a
compromise proposal that would come to the aid of the auto companies
which are facing a very serious situation, without mentioning specific
ones or others, but to say this is a critical time to move to prevent
perhaps the bankruptcy or the disappearance of a major auto company,
which would cause chaos in our country. Over 3 million jobs are related
to the auto industry--from the auto assembly plants, to the auto
dealerships, to the parts suppliers.
So we have been working on a bipartisan basis. On my side of the
aisle, Senator Voinovich and I have been working with others on the
Democratic side. We took the basic construct of the measure the
majority leader had introduced. We took the money out of a previously
passed bill, which would not cause as much concern down Pennsylvania
Avenue, and we provide that the money will go back into that program as
it is returned.
In my view, it is essential we work something out. I will tell the
majority leader we have made great progress. We are down to the point
now where wording challenges are about the only remaining things to
deal with. I strongly believe it is in the interest of the country,
particularly all of those families whose jobs depend upon the auto
industry, and the States, the local governments, and the Federal
Government to move something forward.
So I ask unanimous consent that at a time to be determined on
Thursday, November 20, the Senate proceed to the immediate
consideration of a bill to be introduced by Senators Bond and Voinovich
and others; I further ask that there be no amendments in order, with 2
hours of debate equally divided, and following the use or yielding back
of the time, the bill be read a third time and the Senate proceed to a
vote on passage, and that if there are not 60 votes in the affirmative,
the bill be placed on the Senate calendar.
The PRESIDING OFFICER. Is there objection?
Mr. REID. Reserving the right to object, Madam President, we have had
no hearings. We have no text. I know my friend, Senator Bond, is a man
of faith. I think I am too. But this is carrying it a little too far.
We do not know anything about this. I look forward to a piece of
legislation we can look at. Hopefully, it can be done tonight or
tomorrow, and we will be happy to look at it.
I have had many conversations today and yesterday with the senior
Senator from the State of Kentucky, Mr. McConnell, and we understand
the importance of this issue. We will try to work to move forward on
it. But I want everyone to understand, no matter how hard we work, how
hard we try, the House of Representatives is going home tomorrow. OK.
They are leaving.
I understand the importance. But I would hope that in addition to
understanding the importance, we have to face reality. The reality is,
we have tried a number of different approaches.
I will be happy to look at the approach my friend from Missouri has.
He is a hard-working Senator. I understand how hard he works. He is a
real advocate for doing what he thinks is appropriate for his State and
our country.
Senator Levin and I have had hours of conversation regarding this
issue. Every conversation I have with him he mentions the name of the
Senator from Missouri. So I understand what this is all about, but,
recognizing we have had no hearings, we have no legislation, I object.
The PRESIDING OFFICER. Objection is heard.

____________________

CONCLUSION OF MORNING BUSINESS

Mr. REID. Madam President, I ask unanimous consent that morning
business be closed.
The PRESIDING OFFICER. Without objection, it is so ordered.
Morning business is closed.

____________________

ADVANCING AMERICA'S PRIORITIES ACT--MOTION TO PROCEED

The PRESIDING OFFICER. Under the previous order, the Senate will
resume consideration of the motion to proceed to S. 3297.
Mr. REID. Madam President, I ask permission to withdraw the motion to
proceed to S. 3297.
The PRESIDING OFFICER. The motion is withdrawn.

____________________

UNEMPLOYMENT COMPENSATION EXTENSION ACT OF 2008--MOTION TO PROCEED

Cloture Motion

Mr. REID. Madam President, I now move to proceed to Calendar No.
1123, H.R. 6867, an act to provide for additional emergency
unemployment compensation and, with that, I send a cloture motion to
the desk.
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The legislative clerk read as follows:

Cloture Motion

We, the undersigned Senators, in accordance with the
provisions of rule XXII of the Standing Rules of the Senate,
hereby move to bring to a close debate on the motion to
proceed to Calendar No. 1123, H.R. 6867, the Unemployment
Compensation Extension Act of 2008.
Harry Reid, Max Baucus, Patrick J. Leahy, Bernard
Sanders, Kent Conrad, E. Benjamin Nelson, John D.
Rockefeller, IV, Dianne Feinstein, Robert P. Casey,
Jr., Patty Murray, Richard Durbin, Sheldon Whitehouse,
Barbara A. Mikulski, Barbara Boxer, Carl Levin, Daniel
K. Akaka, Mark L. Pryor.

Mr. REID. Madam President, I ask unanimous consent that the mandatory
quorum required under rule XXII be waived.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Mr. REID. Madam President, I appreciate the patience of all my
colleagues.
The PRESIDING OFFICER. The Republican leader.
Mr. McCONNELL. Madam President, I would ask my friend, the majority
leader, now, if consent is not granted, this vote would be on Friday?
Mr. REID. That is right.
Mr. McCONNELL. Madam President, I say to my friend, I will be working
on my side to see if it is possible to move that vote forward to
tomorrow. Hopefully, he will be doing the same.
Mr. REID. Madam President, I certainly think it would be appropriate
if we can do that. I will do everything I can to move this forward.
I again say, Madam President, I appreciate the patience of everyone
today. A lot of times we do not spend a lot of time here, but it is
hard getting here. I appreciate it very much. And we were interrupted
by the President of Bolivia.
I should say--and I am sorry I did not to my friend, Senator
McConnell--if we do get cloture, then we could even do that, have a 60-
vote threshold on that. And if that were done, we would be out of here
as far as I know. So we will work together to see what we can get done.
We will work to see what we can get done in the next 12 hours.

[[Page 24185]]

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. SUNUNU. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

Auto Manufacturing Industry Bailout

Mr. SUNUNU. Mr. President, I rise to speak on the pending discussion
and debate in the Senate about subsidies to the auto manufacturers and
whether passing a large bailout subsidy package for the auto
manufacturers is a good idea. Earlier this afternoon I objected to a
unanimous consent request by Senator Mikulski and she responded to that
objection by noting that she certainly hoped that objecting to a
bailout package for auto manufacturers wasn't the last thing I did in
the Senate, given that my term is going to be expiring and I am going
to be retiring from the Senate. Well, it won't be the last thing I do.
If nothing else, the last thing I will do is to explain why her
legislation was such a terrible idea to the people of New Hampshire who
elected me and to the American people whom I think I have an obligation
to serve in making sure that their interests are protected, that their
wallets are protected, and that we act with a commitment to fiscal
responsibility.
We don't need to be providing subsidies, special benefits or
protection to individual businesses, whether they are auto
manufacturers or any other business. This is wrong for a large number
of reasons. To be sure, no one is happy about the fact that our country
is in a recession, that Europe is in a recession, that we have a global
slowdown that will affect hundreds of thousands, if not millions, of
lives across the United States and across the world. But by providing
subsidies to the auto manufacturers, we do several things that are
fundamentally wrong--bad for our economy, bad for taxpayers, bad for
consumers.
First, quite frankly, we reward bad decisions that have been made by
these firms themselves. The problems within the auto industry are
largely the making of those in the auto industry: management choices,
production of models that consumers choose not to buy, legacy costs,
contracts, health care, pensions. We all understand that within the
economic slowdown there has been a significant drop in the number of
cars being manufactured, but these businesses were losing money well
before the current downturn. By stepping forward now to provide them
with $25 billion or $50 billion, depending on which piece of
legislation we would be considering and voting on, we, quite frankly,
would be taking money from taxpayers across the country and rewarding
those poor decisions that have been made by the manufacturers
themselves.
Second, this would set a bad precedent. There are many businesses
across America that are dealing with tough times, a slowdown in their
growth prospects. They have had to deal with layoffs. They have seen a
significant slowdown in construction spending or consumer spending. It
is affecting every corner of our economy. If we set the precedent of
stepping forward with $25 billion in subsidies for auto manufacturers,
every other business and industry in America would be looking for the
same kind of treatment from the Federal Government. That is simply not
in the taxpayers' interests. It is certainly not fair to the average
taxpayer. It is not fair to those taxpayers who work for companies that
won't get that kind of special treatment. Any time the Federal
Government starts putting a significant amount of resources--$1
billion, $10 billion, $25 billion--into a particular firm or industry
we distort the marketplace. So we would be rewarding bad decisions. We
would be setting a bad precedent.
Finally, we would be placing taxpayers at even greater risk. We need
to be honest about the impact of giving $25 billion to the auto
manufacturers in order to sustain their unprofitable operations. Many
observers have suggested that $25 billion isn't nearly enough, $50
billion probably isn't enough to stave off bankruptcy. So when these
firms ultimately did have to file for bankruptcy or when the losses
mounted over the next 6 months or 12 months or 18 months and the firms
needed additional capital, where would they turn? Back to the taxpayer.
So the expectation would be--and I think the likelihood would be--that
the $25 billion or $50 billion provided today would simply be a
downpayment on even greater losses and greater exposure to the
taxpayers in the future.
Now, the proponents of this legislation have said a number of things.
First and foremost, they have talked about the number of jobs that
would be affected. No one relishes the idea of higher unemployment and
job losses that have already begun in this current recession. But there
are many businesses and industries across America that employ hundreds
of thousands of people, that employ even more than the auto
manufacturing segment. The three largest technology-based firms in the
country employ nearly twice as many people as the auto manufacturers.
The three largest firms in the financial services industry employ
hundreds of thousands more than the auto manufacturers do. These
businesses and industries such as the auto manufacturers have their own
customers and suppliers and vendors and contractors who would also be
affected by the slowdown or by layoffs at those businesses.
We care about the auto manufacturers. We care about manufacturing. We
care about every job in our economy, because each job is important to
that worker, their family, and their dependents. But we can't be
providing unique benefits, unique treatment to one business at the
expense of others and at the expense of taxpayers.
A second argument that has been made is that since we passed a
financial stabilization package a month ago, we should be willing to
keep passing additional subsidy or bailout legislation. I think we need
to understand that taking the action we took when the credit markets in
the United States and across the world froze was action taken only with
the greatest imaginable reluctance, and it was only taken to protect
access to credit for a home loan or car loan, a small business loan
that our economy needs to function every single day. Moreover, only
action of the Federal Government--and the European governments as
well--only that action could provide the capital or had the capacity to
provide the capital necessary to enable those credit markets to
function normally again. And they have begun to function more normally
today.
Now, normal functioning of credit markets doesn't guarantee economic
growth in this quarter or next quarter, but it does prevent a collapse
of the credit system that our economy needs to operate on a daily
basis.
So I think the arguments that there are jobs at stake in the auto
industry is a false argument, because there are jobs at stake in every
corner of our economy. The argument that an economic recovery package
passed last month is justification for these kinds of subsidies to
other manufacturers is mistaken as well, because that was legislation
designed to protect every family, every business in America, given the
unique crisis we have had in our credit markets.
Our economy is built on the idea of freedom, transparency, and
entrepreneurship. I think we should never forget that. We have the
freest economy in the world. If you look at the freest and most open
economies in the world and compare them to their more heavily regulated
counterparts, in every measure, free and open, transparent markets
performed better than their more heavily regulated counterparts. I
think there is a lesson here: that we should avoid Government
intervention wherever possible. We should minimize the cost of
regulation wherever possible. Of course, we should avoid legislation
such as that being proposed for the auto manufacturers that would
intervene and subsidize bad economics, poor performance, and bad
management choices.
I hope this legislation will be dealt with in an appropriate way. I
hope my colleagues will see the value in protecting the taxpayers by
opposing this kind of intervention, this kind of unnecessary subsidy. A
lot of people have

[[Page 24186]]

made the observation that a failure to pass subsidy legislation would
make bankruptcy for the auto manufacturers more likely, and that may
well be the case. But the bankruptcy protection process is designed to
allow firms, large and small, to reorganize, to restructure, to
establish a better, more effective business model, a better system for
producing the kinds of products customers want, for delivering the
services our economy needs, improving efficiency and, in doing so,
provide strong, well-paying jobs that are secure for as many of their
employees as possible and for an employment base that suits the
marketplace. But when you have a business model that has been proven to
be as problematic as those of the large three auto manufacturers,
sometimes bankruptcy protection is the best possible methodology for
restructuring, reorganizing, and putting together a firm that is more
competitive and stronger and healthier for the long term.
I appreciate the opportunity to speak on these issues. I think it is
important that we protect our economy to the greatest extent possible
by keeping taxes on capital low, by creating a Tax Code and a
regulatory structure that encourages manufacturing and investment, that
rewards entrepreneurship, but none of these things requires that we
single out one firm or one business over another for a handout or a
subsidy at the cost of the taxpayers.
I yield the floor.
The PRESIDING OFFICER (Mr. Pryor). The Senator from Colorado is
recognized.
Mr. ALLARD. Mr. President, what is the regular order of business?
The PRESIDING OFFICER. The Senate is considering the motion to
proceed to H.R. 6867.
Mr. ALLARD. I ask unanimous consent to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

Identity Theft

Mr. ALLARD. Mr. President, first, I wish to thank the Senator from
New Hampshire who just spoke for his leadership in the Congress, and it
has been a pleasure serving with him. I also will be retiring, but one
of the people I will miss is John Sununu from New Hampshire, because I
think he has contributed a lot to the process.
I wish to also take a moment to bring to your attention and the
attention of my colleagues an issue I have worked hard to address in
legislation I proposed this Congress. The issue is identity theft. I
was hopeful Congress would pass legislation that addresses the problem
of unauthorized foreign workers stealing Social Security numbers and
then using the numbers to obtain employment and then, eventually,
accruing Social Security benefits.
Almost 2 years ago, I introduced S. 699. It is legislation that
facilitated the sharing of existing information among government
agencies in instances where the infrastructure, if shared, could expose
cases of identity fraud. Unfortunately, my bill stalled in committee
and has not since received further action. Congress's failure to enact
such legislation is disappointing, because it has left in place
existing law which is ineffectual in deterring unauthorized foreign
workers from stealing the identity of citizens--that is Americans--and
nationals. Individuals continue to engage in this activity in violation
of our criminal laws as well as our immigration laws while also
defrauding Social Security and citizens.
Identity theft continues to plague our country at an alarming rate.
If there was ever any doubt, let last week's discovery--in Weld
County, Colorado--of 1,300 stolen Social Security numbers by illegal
immigrants serve as a reminder of the pervasiveness of this problem. A
single additional case of an unauthorized worker stealing a U.S.
citizen's identity is one case too many, for it is well within the
Federal Government's ability to stop this rampant problem. If my
legislation had been enacted, the 1,300 illegal aliens using fraudulent
Social Security numbers and resulting in more than $2.6 million in
stolen tax dollars would have caught the attention of law enforcement
much sooner.
Last week, after an intense and lengthy investigation by the Weld
County Sheriff s Office, the Greeley Police Department, and District
Attorney Ken Buck's office, a series of arrests began in a case that is
far-reaching and has national implications.
What is upsetting is that Congress has had foresight about the
devastating effects of identity theft. We have also been educated,
notably by Secretary Chertoff, of the susceptibility for citizens'
identities to be stolen by aliens that are in the United States
illegally and without authorization to work. I introduced legislation
that recognizes the compelling need to modify the law in order to allow
our Government both to enforce immigration laws and also protect the
victims of identity theft. Under the current law, by the time identity
theft is discovered, the damage has already been done. For instance, an
84-year-old Grand Junction woman was deemed ineligible for Federal
housing assistance because her Social Security number was being used at
a variety of jobs in Denver, making her income too high to qualify.
Several individuals had been using her I.D. number, and each
individual's salary was then being reported to Social Security. As a
result, her income was recorded much higher than what she was
receiving. If the discrepancy had been discovered earlier, before she
had applied for her housing grants, there would have been an
opportunity to address the disparity before she became a victim twice
over.
What is incredible is that the Federal Government, specifically the
Internal Revenue Service, is enabling this. Under current policy, the
IRS is under no obligation to share information with other agencies
upon the discovery of a Social Security number being used with multiple
names or in the case where it is discovered that an individual has more
than one person reporting earnings for him or her during a single tax
year.
I propose to allow the Commissioner of Social Security to share
information with the Secretary of Homeland Security, where such
information is likely to assist in discovering identity theft, Social
Security misuse or violations of immigration law. It is worth noting
Secretary Chertoff supports my proposal, believing it is a practical
solution that overcomes the current limitations on information sharing.
Despite the force of these arguments supporting legislation that
tears down the wall that prevents the sharing of existing information
among Government agencies, Congress has so far rejected Secretary
Chertoff's call for a legislative solution.
The 1,300 cases of suspected stolen identities exposed in Weld County
alone were brought to light after authorities discovered that an
illegal immigrant accused of stealing and using a man's Social Security
number to get jobs, loans, and other services, had also been filing and
receiving tax returns from the Federal Government. It did not take long
for investigators to come to the realization that this particular
illegal immigrant's suspected use of stolen identity was not an
isolated case. As it turns out, these 1,300 other illegal immigrants
filed tax returns using the same tax preparer based in Greeley. This is
one tax preparer handling 1,300 fraudulent returns. Take a moment and
consider the 1,300 illegal aliens' tax returns, which yielded $2.6
million in tax refunds, were handled by a single tax preparer; now
consider the number of tax preparers nationwide and the exorbitant
amount of tax dollars--likely in the billions--distributed among
illegal aliens using fraudulent Social Security numbers. The way our
system works, the tax preparer is relieved of liability, absent
reckless misrepresentation or a finding of exceptional negligence.
With whom should the liability lie? The obvious answer is the illegal
alien guilty of stealing someone else's identity. But what happens to
the helpless victim of the identity theft? Shouldn't our law protect
the person who has had their identity compromised, and shouldn't our
Federal agencies be required to communicate information about an
individual's compromised identity before the individual is robbed of
opportunities such as taking out a student loan, purchasing a home, or
purchasing tools or equipment with a

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small business loan? Shouldn't we do all that we can to prevent law-
abiding citizens falling victim to identity theft?
Occurrences of identity theft perpetrated by illegal immigrants have
risen and will continue to rise as better systems are developed for
verifying employment. Illegal immigrants will continue to assume the
names and Government-issued ID numbers of American citizens in order to
thwart detection at workplaces, get driver's licenses and obtain
credit. Once a person takes a job in the U.S., one of the first things
his employer will likely ask for is his Social Security number. The
integrity of the immigration system depends on the genuineness of our
efforts to protect citizens from immigrant-related identity fraud.
Identity theft prevention and immigration enforcement will be greatly
enhanced by legislation that permits the sharing of social security
data among agencies.
The Weld County Tax I.D. case is just the tip of the iceberg. If more
than 1,300 illegal immigrants can receive more than $2.6 million in tax
refunds using stolen Social Security numbers in a community of 100,000
people, how many other cases exist throughout the country? It adds
insult to injury that a legislative solution is easily within reach of
Congress.
I know we have a lot on our plate this week, but I would ask the
Senate to act to close this loophole.
Mr. President, I yield the floor.

____________________

MORNING BUSINESS

______

TRIBUTE TO SENATORS

Elizabeth Dole

Mr. FEINGOLD. Mr. President, today I commend Senator Elizabeth Dole
for her dedicated work on behalf of North Carolina in the Senate and
her decades of service to our Nation. In the Senate she has worked hard
to ensure our veterans and servicemembers receive the benefits they
have more than earned. I was pleased to have her cosponsorship and
support for my measure allowing servicemembers to terminate cell phone
contracts free of penalties.
Senator Dole has also demonstrated a commitment to solving the most
difficult crises in Africa, particularly in Zimbabwe and Darfur. We
both joined with Senator Clinton and Senator Lugar on legislation to
assist Zimbabweans in their efforts to promote democracy and human
rights in their country. I also welcomed Senator Dole's support on a
resolution condemning the recent flawed elections in Zimbabwe. Her
voice in the Senate on these issues will be missed. I thank her for her
service to the Senate and the people of North Carolina, and wish her
all the best for the future.

Gordon Smith

Mr. President, today I want to thank Senator Gordon Smith for his
service to the people of Oregon. During my time on the Senate Foreign
Relations African Affairs Subcommittee I have watched Senator Smith
fight ardently for the President's Emergency Plan for AIDS Relief that
has saved countless lives around the globe. His leadership on
legislation to fight HIV/AIDS and other diseases has been vital to our
efforts to bring help to many African nations.
I also applaud his work to pass the Employment Non Discrimination
Act, which I was also pleased to cosponsor. His efforts to end
employment discrimination based on sexual orientation represent an
important step toward ensuring equal rights for all Americans.
Finally, I want to recognize Senator Smith's work on legislation to
require health insurers to include mental health benefits in their
health insurance coverage. This excellent example of bipartisan
cooperation, the Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act, was made possible in part by the commitment
of Senator Smith to ensuring those suffering from mental illness have
access to medical treatments that will improve their quality of life.
Once again, I thank Gordon Smith for his dedication to the people of
Oregon and the country while in the Senate, and I wish him all the best
in the future.

John Sununu

Mr. President, today I want to take a moment to recognize the service
of Senator John Sununu during his time here in the Senate. It has been
a pleasure to work with him on a wide range of issues, from protecting
the rights of law-abiding Americans to strengthening our foreign policy
toward Africa.
Senator Sununu has made many important contributions during his time
in this body, but his work to protect the constitutional rights of
innocent Americans is certainly among the most important. He recognizes
that our government can wage an effective fight against terrorism that
still respects our basic freedoms. Senator Sununu has been a crucial
voice on civil liberties issues like reforming the PATRIOT Act and
keeping tabs on government data mining efforts. I am proud that we
worked together on a number of bills. Most recently, we introduced
legislation addressing the serious misuse of the FBI's national
security letter authorities to obtain information about innocent people
without judicial review. We also successfully passed legislation last
year requiring Federal agencies to inform Congress about the use and
development of the kind of government data mining technologies that
raise the most serious privacy and efficacy concerns. I will miss his
voice on these issues here in the Senate.
Finally, I want to recognize Senator Sununu's work on the Senate
Foreign Relations Committee's Africa Subcommittee. I had the privilege
of working side by side with him when he was ranking member of that
subcommittee, and I saw firsthand his commitment to ending devastating
conflicts in Africa. I deeply appreciate his commitment to his work on
Africa, and to so many other issues during his service in the Senate. I
wish him all the best in the future.

Pete Domenici

Mr. LUGAR. Mr. President, I wish to honor our distinguished
colleague, Pete Domenici, who will be ending his historic Senate career
at the end of this Congress. For the past 32 years it has been my
privilege to serve with Pete Domenici in the Senate. During that time,
he has epitomized devotion to public service and to his State of New
Mexico. He will leave the Senate having cast more votes than all but
six other Senators in the history of this body. He is the longest
serving Senator in New Mexico's history, and he rightly occupies an
iconic status in his home State.
Pete Domenici experienced a modest upbringing as the only son of
first generation Italian immigrants. He secured his first job after
college as a pitcher for the Albuquerque Dukes, then a farm team for
the Brooklyn Dodgers. Following a stint as a teacher, Pete won a seat
on the Albuquerque City Commission in 1966. The next year, we both
became mayors of our respective cities: Pete served Albuquerque as I
served Indianapolis. After 6 years in the Albuquerque City Hall, he
became the first Republican to win a Senate seat from New Mexico in 38
years.
I entered the Senate in 1977, 4 years after Pete. By that time, he
already was recognized as a leading Republican authority on the budget
process. I looked to Pete as a mentor on the intricacies of the Federal
budget, and he graciously tutored me on both substance and process.
Year after year, as the lead Republican on the Budget Committee, Pete
was indispensible as floor manager of the budget resolution.
Frequently, when the Senate lost its way during a difficult budget
debate, Senator Domenici functioned as a touchstone to bring the debate
back to sober reflection and verifiable statistics. I doubt the Senate
will ever experience a leader who has a more detailed command of the
budget process and who could explain it with greater clarity.
It is telling that even though Pete derived much annual power from
his roles as Budget chairman and Appropriations subcommittee chairman,
this status did not dissuade him from proposing a reform idea that
implicitly would reduce his opportunities to exercise this authority--
namely a 2-year

[[Page 24188]]

budget cycle. I have always been impressed by his embrace of this idea,
and his endorsement influenced my own support for a 2-year budget
process. Senator Domenici's advocacy went against standard expectations
that Members of Congress will protect their own prerogatives even if
their best judgment tells them that reforms are necessary. But Pete's
service in the Senate was never based upon accruing personal authority
or maximizing his notoriety.
I was extremely pleased that Senator Domenici's assiduous efforts
over many years were recently brought to fruition with the passage and
signature into law of the Mental Health Parity Act. Pete joined the
late Senator Paul Wellstone in promoting this bipartisan legislation
that will ensure that health plans make mental health treatment
available for those in need. It will provide parity between health
insurance coverage of mental health benefits and benefits for medical
and surgical services and help avert the development of future physical
problems that could arise from untreated and increasingly debilitating
psychological illness.
I am especially sad to see Pete leave because he has been an
outstanding partner in work to prevent nuclear proliferation and to
improve response to attacks involving weapons of mass destruction. In
concert with the efforts of Senator Sam Nunn and myself to establish
the Nunn-Lugar Cooperative Threat Reduction Program at the Department
of Defense--which is aimed at securing and destroying weapons of mass
destruction in the former Soviet Union--Senator Domenici spearheaded
the expansion of the Energy Department's involvement in safeguarding
nuclear material. He also was an effective advocate for the role of our
National Laboratories in nonproliferation work. Scientists from the
National Laboratories have been on the frontlines of our engagement
with the brain trust of the Soviet nuclear program. Pete understood the
unique skill set possessed by our laboratories, and he made sure that
they were well funded and authorized to implement numerous
nonproliferation projects. Senator Domenici also joined with Senator
Nunn and me to pass the Nunn-Lugar-Domenici Act of 1997. Long before
September 11, 2001, this legislation was working to improve the
capabilities of local and State first responders, especially with
regard to weapons of mass destruction attacks. The experience,
awareness, and structure established by this program have been valuable
to our Nation's post-9/11 homeland security efforts.
The Senate will miss deeply Senator Domenici's experience displayed
over 36 years. He will be remembered as a workhorse able to shoulder
the daily burdens of a thousand details, but also as a thoughtful
observer who saw beyond the politics of the moment to provide
perspective on the direction of our country. I wish my good friend the
best as he leaves the Senate to experience new adventures with his
family.

CHUCK HAGEL

Mr. President, I wish to take this opportunity before the 110th
Congress adjourns to honor our distinguished colleague and my good
friend, Chuck Hagel, who will be leaving the Senate after 12 years of
achievement.
Senator Hagel has applied his estimable talents to many of the most
critical areas of public policy. Throughout his time in the Senate he
was a stalwart member of the Foreign Relations Committee, where he
became one of the Senate's experts on international affairs.
Upon Chuck Hagel's arrival in the Senate in 1996, he had already
distinguished himself in service to his country. He was decorated for
his service as an infantryman in the U.S. Army during the Vietnam war;
He went on to careers as a congressional staffer, a deputy
administrator of the Veterans Administration, and a successful
businessman.
When Chuck came to the Senate, it was clear that his unique
background would be an asset to the Senate Foreign Relations Committee.
I encouraged him to join the committee and was pleased that he did so.
In the Senate, Chuck embraced responsibility for U.S. national security
as few Senators have in recent decades.
Senator Hagel's years in the Senate will be remembered for his
willingness to challenge conventional wisdom and his ability to see
issues from multiple perspectives. He has been a determined advocate
for an independent point of view, but also a good listener who has
often forged compromises that benefited our Nation.
For the last 9 years, Chuck has sat next to me through hundreds of
Foreign Relations Committee hearings and meetings. I greatly enjoyed
the opportunity to exchange ideas with him, to compare perspectives on
our witnesses, and to develop common approaches to problems. He was
always candid and thoughtful in both his public statements and his
private advice.
He understands that the world's problems are our problems; that our
economic health is tied to the prosperity of the rest of the
industrialized world; that the cleanliness of our environment is deeply
affected by the environments of those even beyond our continent; and
that our access to global natural resources and energy supplies depends
on maintaining stable conditions in some of the most volatile regions
on Earth. In a ``Memo to the Candidates'' written last summer, he
underscored the interconnected nature of our world, saying:

America's long-term security interests are directly connected
to alliances, coalitions, international institutions, and our
standing in the world. The next President will have to
reintroduce America to the world in order to regain its trust
in our purpose as well as our power.

Chuck contributed greatly in recent years to the committee's efforts
to improve our Government's stabilization and reconstruction capacity,
to elevate the priority of energy diplomacy, to facilitate NATO
expansion, to reauthorize the PEPFAR program, to prevent the
proliferation of weapons of mass destruction, and to safeguard the
international environment.
I have greatly appreciated his personal friendship and thoughtful
remembrances of events in my public and private life. My entire office
benefited from his personal generosity in 2001 when the Senate endured
the anthrax attack. My staff and I were displaced from our office for
more than 3 months. Senator Hagel stepped forward and offered us a
large room in his suite in the Russell Senate Office Building, which
became the nerve center of my Senate office while we were displaced.
Senator Hagel's thoughtfulness allowed us to continue operations during
this difficult period.
I will greatly miss Chuck's presence in the seat next to me at
committee hearings, and I know that the Senate as a whole will miss his
wisdom and well-deserved reputation for humor. But I have no doubts
that he will encounter other opportunities to serve the United States.
His counsel on foreign and defense policy will be sought out by Members
of Congress and Presidential administrations for many years to come. I
look forward to many insightful conversations with my friend and to
witnessing all that he will achieve in the future.

JOHN WARNER

Mr. President, I am pleased to join with other Senators in honoring
our distinguished colleague, John Warner, who will be retiring at the
end of the 110th Congress. When he steps down, Senator Warner will have
the distinction of being the second longest serving Senator in
Virginia's history. He stands as an example of the type of temperament,
foresight, and dedication that the Founders envisioned when they
created the Senate. For the past 30 years it has been my privilege to
serve with John Warner. During that time, we have shared a common
commitment to the national security of the United States. We have
worked together on innumerable issues, and I have witnessed with
admiration his strong character, his intellectual independence, and his
unfailing devotion to public service.
Even before John was elected to the United States Senate, he had
distinguished himself in service to our country. He joined the U.S.
Navy before his 18th birthday and went on to serve honorably in World
War II. After college

[[Page 24189]]

and before he was able to complete law school, he returned to the
military as an Active Duty marine during the Korean conflict. After his
service, John came home to complete law school. Subsequently he worked
as a Federal prosecutor and private lawyer. President Nixon appointed
John to be Under Secretary of the Navy, and he went on to be Secretary
of the Navy from 1972 to 1974. When he was elected to the Senate in
1978, he was extremely well prepared to take on the role of a Senator
and to contribute greatly to the national security of our Nation.
Senator Warner has played a prominent role in almost every major
Defense policy accomplishment of the last three decades. In the Senate,
he has been a steadfast supporter of the well-being of the American
soldier, sailor, and airman. I know that not a day goes by that he does
not devote thought to how he can contribute to improving our Armed
Forces and making our country more secure. It was a special pleasure
for me to have chaired the Foreign Relations Committee during a 4-year
period from 2003 to 2007 when John was chairing the Armed Services
Committee. I believe relations between the two committees became
stronger during this time, as we cooperated closely on arms control
matters, policies toward Iraq and Afghanistan, arms sales, and many
other matters.
My friendship with John has been strengthened by our mutual
membership in the Beta Theta Pi Fraternity, and I was privileged to
participate in the awarding of Beta's Oxford Cup to Senator Warner in
April 2008. The award ceremony and dinner took place in the Foreign
Relations Committee hearing room, and this was a wonderful opportunity
for us to share experiences with other Beta members.
It is difficult for me to imagine the Senate without John Warner. He
loves this institution, and he derives great satisfaction from both its
collegial nature and the daily opportunities Senators have to improve
life in the United States.
Senator Warner leaves the Senate after 30 years, having established a
legion of friendships and a memorable legacy. We will miss his
kindness, his steadiness, and his unfailing confidence in the United
States. Even as we will miss seeing our friend every day, we know that
John will be blessed by the opportunity to spend more time with his
family. I am sure that he will continue to serve the public, and I join
the Senate in wishing him all the best as he moves on to new
adventures.

Pete Domenici

Mr. SPECTER. Mr. President, the departure of Senator Pete Domenici
will deprive the Senate of our foremost expert on energy and budget
legislation, For 36 years, I have enjoyed and learned from Pete's
frequent presentations in our Republican Senators' caucus meetings.
His chairmanship of the Budget Committee during the Reagan
administration led to sensible economies in Federal spending which have
not since been duplicated. If his comprehensive ideas on energy had
been followed, the United States would long ago have shed its
dependence on foreign oil.
Through it all, Pete has been a most congenial colleague. Always
smiling, always helping, Pete has constantly been available to offer
guidance to Members not as well-versed on his areas of specialty.
Enormously popular in New Mexico, it is understandable why he is called
``Saint Pete.''
Senator Domenici came to my rescue when I was called upon to make the
presentation at the Senate Wednesday prayer breakfast after I had been
a member for a short period of time. I chose to talk about a new
edition of the New Testament which had been published by a friend,
Irwin Borowsky of Philadelphia. The text omitted all references which
might have been interpreted to be critical of Jewish people in
connection with the crucifixion.
I made the point that these references had caused young Jewish boys
to be beaten up in some communities on Christian religious holidays
motivated by the anti-Jewish comments in the Bible. My theme was
sharply, really vehemently, opposed by some Senators at the breakfast.
Pete Domenici then supported my contention reciting some of the barbs,
insults and worse which had been inflicted on Italians.
When Pete told me of his plan to retire because he thought he was
failing, I urged him to make a full disclosure of his medical condition
to his constituents but to stay on. I told him of a conversation I had
with Senator Paul Tsongas in 1984 when Tsongas had announced his intent
to retire because he had lymphoma, as I recall it. Since the medical
evidence suggested Paul might well serve out his term, I urged him to
stay on, leaving the voters to decide after making full disclosure as
to his medical condition. Paul Tsongas felt otherwise and elected to
leave. He not only could have served his full term through 1990 but
then became a candidate for the Democratic nomination for the
Presidency in 1992. After telling him about the Tsongas situation, Pete
stuck by his decision. In recent days, Senator Domenici has looked
stronger than ever but I totally respect his decision, saying only that
we will miss him very much.

John Warner

Senator John Warner's retirement is a great loss to the Senate. He
brought to this body in 30 years of service wit, wisdom and gallantry.
An old-style Southern gentleman, Senator Warner held a unique position
as the Senate squire. His experience in military matters going back to
his sailor days in World War II, to Secretary of the Navy in 1972, and
Chairmanship of the Armed Services Committee, made him a preeminent
figure in the Department of Defense legislation. When Senator Warner
made a recommendation on defense matters, his word carried great
weight.
Some of my fondest recollections of John Warner come from the squash
court where we regularly engaged until he said his knees wouldn't take
the twists or turns any longer although he continued to be an avid
tennis player. In a squash match more than 20 years ago, I sustained a
serious gash under my left eye requiring six stitches for closure. At
that time, I had read about a Washington hockey player who sustained an
eye injury but came back immediately to play with headgear and a
plastic cover over the face. I secured one the same day of my injury
and was back on the squash court the next day.
John claims responsibility, perhaps, credit for inflicting the wound.
Memories fade after a couple of decades, but my recollection is that
Senator Bob Packwood was the malefactor, although I never challenged
John's recitation because he seemed to enjoy it so much.
Some of our longest discussions occurred in the Senate gym where we
would talk while awaiting our turn on the massage table. He would
always say we came at about the same time although he was precise to
assert his 2 years' seniority.
Senator Warner was a help to me even before I became a Senator when
he and his new bride, Elizabeth Taylor, were the star attractions at a
fundraiser for me in New York City.
Senator George Mitchell tells an interesting story about Senator
Warner. Senator Mitchell recalls a filibuster where cots were set up in
the Senate Marble Room where Mitchell was feeling sorry for himself
about giving up a lifetime appointment as a Federal judge then becoming
a Senator and wasn't too happy about the all-night sessions. As George
put it, he was stumbling his way through the cots during the 1980
filibuster all-nighter when he stumbled across newly wed John Warner
snoring on one of the cots. George commented that John was giving up
more than he was so it wasn't so bad after all.
My speculation is that Senator Warner will be called back for more
public service because he still has a lot of vim, vigor and vitality,
but we will sorely miss him in the Senate.

Larry Craig

Larry Craig has made significant contributions to the Senate during
his three terms. He has been a leader on energy, agriculture policy and
veterans affairs. During the debate on immigration, he was a forceful
spokesman for a guest farm workers program. When we next take up
important subjects, his leadership will be missed,

[[Page 24190]]

I worked with him closely on veterans affairs where he chaired that
committee after I moved from chairman there to chair the Judiciary
Committee. His leadership on a Codel to the World War II battlefields
in France over Memorial Day 2006 was particularly noteworthy. Our
visits to U.S. cemeteries in France and inspection of the Normandy
beaches were memorable.
I was glad to see Larry finish out his full third term after the
incident at the Minneapolis airport. When I heard the recording of the
police officer's questioning him, I immediately thought that there was
insufficient evidence of wrongful conduct. I heard the reports that he
planned to resign at the end of September 2006 and called him to
suggest that he modify his public statement to allow for
reconsideration of that decision. He did so, and as the record shows,
his legal challenges well within his rights, enabled him to stay
through the conclusion of the 110th Congress.
Since that event, he has weathered the storm, conducted himself with
dignity on his official duties and made a real contribution to the
Senate. It was definitely in the interests of his Idaho constituents
and the Senate for him to stay on and complete his term.

Chuck Hagel

Senator Chuck Hagel's intellectualism and independence will be sorely
missed in the Senate. Chuck Hagel's service in Vietnam, where he earned
military decorations and honors including two Purple Hearts, has given
him special standing on key defense issues. With that background, he
enjoys a sort of immunity from a charge of being soft on defense and
his views are more closely followed.
Senator Hagel will be especially missed by the few Republican
moderates who were encouraged by his independence.
My sense is that Chuck Hagel will stay in public life in one form or
another, but I would have preferred to have seen him stay in the Senate
to promote the resurgence of moderation within the Republican ranks and
bipartisanship extending across the aisle for important legislation.

Wayne Allard

The Senate Appropriations Committee, as well as the Senate generally,
will miss Senator Wayne Allard. Wayne has been a strong voice for
fiscal responsibility. His background as a veterinarian has provided an
interesting dimension beyond members who have legal, business, or
academic backgrounds.
Senator Allard has led by example, demonstrating his frugality by
returning more than $4 million in unspent office funds to the U.S.
Treasury since being elected to Congress. In retiring after two terms,
he has stuck by his commitment on term limits. My personal preference
would have been for Wayne to stay on because, building on his
experience, he would have made additional significant contributions to
the benefit of his State, Colorado, and the Nation.

Gordon Smith

Mr. CONRAD. Mr. President, when a departing colleague has been a
strong working partner as well as a friend, saying good-bye is not
easy. I have had the pleasure of serving on several committees with
Gordon Smith over the course of his career. We have sat across the dais
from each other at the Budget Committee, the Indian Affairs Committee,
and the Finance Committee.
I am proud of what Senator Smith and I have been able to accomplish
in promoting savings and capital preservation for people in their
retirement years. He recognized a long time ago that the sooner workers
begin saving for retirement--and the longer they sustain that
commitment--the better off they and their families will be when they
have to depend on those savings.
The successes we enjoyed in getting some of our ideas included in the
Pension Protection Act of 2006 led to more ambitious proposals to
address the special retirement savings and income needs of women and
older workers. And Gordon Smith was the first to join the effort to
promote lifetime income instruments as a response to longevity
advances, which constitute the greatest threat to the retirement income
security of the baby boom generation.
In view of the economic situation the country now faces, the efforts
that Senator Smith and I began must continue. I sincerely regret that
he will not be my primary partner on this agenda in the 111th Congress.
I certainly hope that he will continue to use his influence and
intelligence to keep the focus on this clear national priority.
Finally, I want to salute Senator Smith for the character of his
service to his State, this body, and to the Nation. He is the kind of
deliberate, open-minded, and thoughtful public servant the Founders
must have had in mind when they conceived the Senate. We will truly
miss this distinguished gentleman from Oregon.

Elizabeth Dole

Mr. President, I rise today to acknowledge my colleague from North
Carolina, Senator Elizabeth Dole, who will be leaving this body after
serving the people of North Carolina for the past 6 years.
Senator Dole and I have had the opportunity to work together on
various issues important to the future of our nation. Senator Dole has
been a strong advocate for the interests of not only her State, but the
U.S. in general.
For example, just recently, Senator Dole and I worked together to
pursue a more sustainable energy policy for our country. One of our
goals was to transition new vehicles to an alternative source of energy
by 2020 and reduce our dependence on foreign oil. This commitment to
improving the nation is what defined Senator Dole's tenure in the
Senate.
Senator Dole has also been active on agricultural issues. Because
both of our States have a strong agricultural sector in our economy,
this issue is very important to our constituents. From her time on the
Senate Agricultural Committee early in her Senate career through the
farm bill recently, Senator Dole has consistently looked out for the
North Carolina farming community and the farming industry itself.
Senator Dole has had a long career of public service. She served as
Secretary of Transportation under President Reagan and Secretary of
Labor under President George H.W. Bush. This gave her the distinction
of being the first woman to serve in two different Cabinet positions
during two different administrations. She also served as the president
of the American Red Cross, heading one of the largest humanitarian
organizations in the world. This list of accomplishments underscores
Senator Dole's commitment to serving the public at large.
Again, I have appreciated the opportunity to work with Senator Dole
and wish her well as she leaves the Senate.

____________________

BUDGET SCOREKEEPING REPORT

Mr. CONRAD. Mr. President, I rise to submit to the Senate the budget
scorekeeping report for fiscal year 2008 prepared by the Congressional
Budget Office pursuant to section 308(b) and in aid of section 311 of
the Congressional Budget Act of 1974, as amended. This is my final
report for fiscal year 2008.
This report shows the effects of congressional action through October
1, 2008. Since my last report, dated September 12, 2008, the Congress
has cleared and the President has signed P.L. 110-329, the Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009.
The estimates of budget authority, outlays, and revenues used in this
report are consistent with the technical and economic assumptions of S.
Con. Res. 70, the 2009 budget resolution.
The estimates show that current level spending is below the budget
resolution by $5.2 billion for budget authority and $2.4 billion for
outlays while current level revenues are above the budget resolution by
$3 billion.
I ask unanimous consent that the letter and accompanying tables from
CBO be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[[Page 24191]]

U.S. Congress,

Congressional Budget Office,

Washington, DC, November 19, 2008.
Hon. Kent Conrad,
Chairman, Committee on the Budget,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The enclosed report shows the effects of
Congressional action on the fiscal year 2009 budget and is
current through October 1, 2008. This report is submitted
under section 308(b) and in aid of section 311 of the
Congressional Budget Act, as amended.
The estimates of budget authority, outlays, and revenues
are consistent with the technical and economic assumptions of
S. Con. Res. 70, the Concurrent Resolution on the Budget for
Fiscal Year 2009, as approved by the Senate and the House of
Representatives.
Since my last letter, dated September 11, 2008, the
Congress has cleared and the President has signed the
Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009 (Public Law 110-329). Division B of
the act provided $22.9 billion for disaster relief and
recovery for 2008; the entire amount was designated as an
emergency requirement pursuant to section 204(a) of S. Con.
Res. 21. Amounts so designated are exempt from enforcement of
the budget resolution. As a result, the enclosed current
level report excludes these amounts (see footnote 2 of Table
2 of the report).
Sincerely,
Robert A. Sunshine
(For Peter R. Orszag, Director).
Enclosure.

TABLE 1.--SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR
FISCAL YEAR 2008, AS OF OCTOBER 1, 2008
[In billions of dollars]
------------------------------------------------------------------------
Current
Budget Current level over/
resolution level \2\ under (-)
\1\ resolution
------------------------------------------------------------------------
ON-BUDGET

Budget Authority............... 2,456.2 2,451.0 -5.2
Outlays........................ 2,437.8 2,435.3 -2.4
Revenues....................... 1,875.4 1,878.4 3.0

OFF-BUDGET

Social Security Outlays \3\.... 463.7 463.7 0.0
Social Security Revenues....... 666.7 666.7 0.0
------------------------------------------------------------------------
\1\ S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal
Year 2009, assumed $108.1 billion in budget authority and $28.9
billion in outlays for overseas deployment and related activities. The
Supplemental Appropriations Act, 2008 (P.L. 110-252) designated
funding for these activities as an emergency requirement, pursuant to
section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the
Budget for Fiscal Year 2008. Such emergency amounts are exempt from
the enforcement of S. Con. Res. 70. Since current level totals exclude
the emergency requirements enacted in P.L. 110-252 (see footnote 2 of
table 2), budget authority and outlay totals specified in S. Con. Res.
70 have also been reduced for purposes of comparison.
\2\ Current level is the estimated effect on revenue and spending of all
legislation, excluding amounts designated as emergency requirements
(see footnote 2 of table 2), that the Congress has enacted or sent to
the President for his approval. In addition, full-year funding
estimates under current law are included for entitlement and mandatory
programs requiring annual appropriations, even if the appropriations
have not been made.
\3\ Excludes administrative expenses of the Social Security
Administration, which are off-budget, but are appropriated annually.
SOURCE: Congressional Budget Office.

TABLE 2.--SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR
2008, AS OF OCTOBER 1, 2008
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Budget authority Outlays Revenues
----------------------------------------------------------------------------------------------------------------
Previously Enacted \1\
Revenues........................................... n.a. n.a. 1,879,400
Permanents and other spending legislation.......... 1,441,010 1,394,887 n.a.
Appropriation legislation.......................... 1,604,649 1,635,118 n.a.
Offsetting receipts................................ -596,805 -596,805 n.a.
--------------------------------------------------------
Total, Previously enacted........................ 2,448,854 2,433,200 1,879,400
Enacted this session:
Supplemental Appropriations Act, 2008 (P.L. 110- 0 7 0
252) \2\..........................................
Medicare Improvements for Patients and Providers 1,942 1,924 1
Act of 2008 (P.L. 110-275)........................
Housing and Economic Recovery Act of 2008 (P.L. 110- 203 203 -968
289) \2\..........................................
Higher Education Opportunity Act (P.L. 110-315).... -10 0 0
--------------------------------------------------------
2,135 2,134 -967

Total Current Level \2\ \3\ \4\........................ 2,450,989 2,435,334 1,878,433
Total Budget Resolution \5\............................ 2,564,237 2,466,678 1,875,401
Adjustment to the budget resolution for emergency -108,056 -28,901 n.a.
requirements \6\..................................
--------------------------------------------------------
Adjusted Budget Resolution............................. 2,456,181 2,437,777 1,875,401
Current Level Over Budget Resolution................... n.a. n.a. 3,032
Current Level Under Budget Resolution.................. 5,192 2,443 n.a.
----------------------------------------------------------------------------------------------------------------
SOURCE: Congressional Budget Office.
Note: n.a. = not applicable; P.L. = Public Law.
\1\ Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the
Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the
Budget for Fiscal Year 2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110-181), Economic
Stimulus Act of 2008 (P.L. 110-185), Andean Trade Preference Extension Act of 2008 (P.L. 110-191), Ensuring
Continued Access to Student Loans Act of 2008 (P.L. 110-227), Consolidated Natural Resources Act of 2008 (P.L.
110-229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110-232),
Food, Conservation, and Energy Act of 2008 (P.L. 110-234), SAFETEA-LU Technical Corrections Act of 2008 (P.L.
110-244), and Heroes Earnings Assistance and Relief Act of 2008 (P.L. 110-245).
\2\ Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008,
provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The
amounts so designated for fiscal year 2008, which are not included in the current level total, are as follows:

Budget authority Outlays Revenues

Supplemental Appropriations Act, 2008 (P.L. 110- 115,808 35,350 n.a.
252)..............................................
Housing and Economic Recovery Act of 2008 (P.L. 110- 4,106 187 n.a.
289)..............................................
Consolidated Security, Disaster Assistance, and 22,859 0 n.a.
Continuing Appropriations Act, 2009 (P.L. 110-329)
--------------------------------------------------------
142,773 35,537 n.a.

\3\ For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution
does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level
excludes these items.
\4\ The scoring for P.L. 110-318, an act to amend the Internal Revenue Code of 1986 to restore the Highway Trust
Fund, does not change current level totals. P.L. 110-318 appropriated approximately $8 billion to the Highway
Trust Fund. The enactment of this bill followed an announcement by the Secretary of Transportation on
September 5, 2008, of an interim policy to slow down payments to states from the Highway Trust Fund. The
Congressional Budget Office estimates that P.L. 110-318 will reverse this policy and restore payments to
states at levels already assumed in current level. Thus, no change is required.
\5\ Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various
provisions of the resolution:

Budget authority Outlays Revenues

Original Budget Resolution......................... 2,563,262 2,465,711 1,875,392
Revisions:
For the Strategic Petroleum Reserve Fill -950 -950 0
Suspension and Consumer Protection Act of 2008
(SPR Act) (section 323(d))......................
For the Heroes Earnings Assistance and Relief Tax 0 0 8
Act of 2008 (Heroes Act) (section 323(d)).......
For adjustment to debt service for the SPR and -7 -7 0
Heroes acts (section 323(d))....................
For the Medicare Improvements for Patients and 1,942 1,924 1
Providers Act of 2008 (sections 221(f) and 227).
For the Higher Education Opportunity Act (section -10 0 0
222)............................................
Revised Budget Resolution.......................... 2,564,237 2,466,678 1,875,401

\6\ S. Con. Res. 70 assumed $108,056 million in budget authority and $28,901 million in outlays for overseas
deployment and related activities. The Supplemental Appropriations Act, 2008 (P.L. 110-252) designated funding
for these activities as an emergency requirement, pursuant to 'section 204(a) of S. Con. Res. 21. Such
emergency amounts are exempt from the enforcement of S. Con. Res. 70. Since current level totals exclude the
emergency requirements enacted in P.L. 110-252 (see footnote 2), budget authority and outlay totals specified
in S. Con. Res. 70 have been reduced for purposes of comparison.
SOURCE: Congressional Budget Office.
Note: n.a. = not applicable; P.L. = Public Law.

[[Page 24192]]

____________________

HONORING OUR ARMED FORCES

CORPORAL SCOTT DIMOND

Mr. GREGG. Mr. President, I rise today to honor Cpl Scott Dimond of
Franklin, NH. On Monday, October 13, 2008, Corporal Dimond was
tragically taken from us when his vehicle struck an improvised
explosive device and his patrol was engaged in small-arms attack in
Kandahar, Afghanistan. My deepest sympathy, condolences, and prayers go
out to Scott's family and loved ones who have suffered this grievous
loss. At 39 nine years old, Scott will always be remembered as a
dedicated citizen who consistently put others before himself.
Scott enlisted in the U.S. Marine Corps during his senior year in
high school but was medically discharged after a serious football
injury. Still determined to serve his fellow citizens, Scott began a
career in law enforcement. He served 18 years with the Franklin Police
Department, retiring in 2006 as a sergeant. Upon his retirement,
Scott's unwavering determination to serve others remained. He enlisted
in the New Hampshire National Guard while working toward a degree as a
registered nurse, enabling Scott to assist others in a new way--the
health care profession. To any observer, Scott's professional pursuits
will forever echo selflessness, sacrifice, and patriotism, and for
that, we are eternally grateful.
As a member of an embedded tactical training team, there is no doubt
that Scott's law enforcement background and his willingness to help
others successfully contributed to the mentoring and strengthening of
the Afghan army and police force, accelerating the eventual return of
American military personnel from the battlefield. Consistent with the
rest of his life, Scott routinely put his country and his fellow
soldiers before himself. Because of his devotion and sense of duty, the
safety and liberty of countless Americans is more secure.
Unquestionably, Scott is a shining example of the highest caliber of
person that New Hampshire, and this country, can produce. We are
honored to speak of his contributions, spirit, and dedication. In the
words of Daniel Webster--``what a man does for others, not what they do
for him, gives him immortality.'' May God bless Cpl Scott Dimond, his
family, and all those who are currently serving in uniform.

____________________

AGREEMENT TO PROTECT FORESTS AND WILDLIFE IN SUMATRA

Mr. LEAHY. Mr. President, I want to take a moment to call attention
to the recent action of the Government of Indonesia to preserve the
endangered rain forests and ecosystems of Sumatra.
On October 10, 2008, the Indonesian Government, in cooperation with
the World Wildlife Fund, WWF, announced an agreement between the 10
provincial governors of Sumatra to protect biodiversity on the world's
sixth largest island. Although long overdue, this is an important first
step towards conservation of a unique habitat at a critical time.
Sumatra is the only place on Earth where tigers, elephants, rhinos,
and orangutans co-exist. It has also gained a reputation for having
lost almost half of its natural forest cover since 1985. The rapid
expansion of palm oil and pulpwood plantations, as well as rampant
illegal logging, have been largely to blame. These activities have
contributed to the precipitous decline in numbers of these endangered
species, whose habitat has become a patchwork of disconnected small
parcels of forest.
This action to protect the forests is important not only for
Indonesia but for the rest of the world. Thirteen percent of
Indonesia's remaining forests grow on peat soil, which emits large
amounts of carbon dioxide into the atmosphere when trees are felled.
Further destruction of these forests will contribute to global warming
at a time when we should be doing everything possible to reduce
greenhouse gases.
This agreement represents a significant change of attitude and
policy, for which President Yudhoyono and his government deserve
credit. Implementing the agreement will be difficult, requiring
additional resources for alternative economic opportunities for people
living in these areas, and for enforcement, and I urge the U.S. Agency
for International Development and other donors to support it.

____________________

MILLENNIUM CHALLENGE CORPORATION

Mr. LEAHY. Mr. President, as Chairman of the State and Foreign
Operations Subcommittee, I want to take a moment to speak about the
budget of the Millennium Challenge Corporation, MCC.
The fiscal year 2009 State and Foreign Operations bill, reported by
the Appropriations Committee on July 18, 2008, recommends $254 million
for the MCC. Since this is substantially less than the $2 billion
requested by the President, it was predictable that the Senate
committee's action would cause concerns among the MCC and many of its
supporters, as well as governments that seek MCC funding. Those
concerns have been expressed and I want to address them briefly today.
While differences are inevitable in the legislative process, it is
important that such differences not be based on a misunderstanding or
confusion about the facts.
During the past several months, I have heard that some of those who
have complained about the Senate committee's action have suggested that
it was motivated by an antipathy towards the MCC and a desire to close
it down or dramatically curtail its functions. That is incorrect.
To begin with, we have commended the MCC for what it has accomplished
since its inception 4 years ago. Several compacts are beginning to show
tangible results, including the implementation of agriculture,
infrastructure and other projects. Ambassador John Danilovich, the
MCC's CEO, has been a strong leader at a critical time, and I commend
him as well as deputy CEO Rodney Bent. They have both done a fine job
of representing the MCC, both here and abroad.
Earlier this year, when the subcommittee was dividing up funds
allocated to State and Foreign Operations, we faced many difficult
choices. Our fiscal year 2009 allocation was $2 billion below the
President's budget request, and the President underfunded or failed to
fund many critical programs of interest to both Democrats and
Republicans. For example, he cut funding for family planning/
reproductive health by over $100 million below the fiscal year 2008
level. He cut the U.S. contribution to the global fund to fight AIDS,
TB and malaria by $350 million. He shortchanged humanitarian relief
programs, peacekeeping, democracy programs, environment and energy
programs. There are many other examples.
We also considered the fact that Congress had appropriated $7.5
billion for the MCC, and by July 18 only $235 million had been
disbursed of which a significant portion was for administrative
expenses. While we made clear that we were not advocating faster
disbursements, we do not support additional compacts until more of the
funds we have already appropriated produce sustainable results.
Many compacts were slow getting off of the ground, in some cases
because the MCC rightly insisted that governments make further
refinements, or because the contracting process took longer than
expected. These kinds of delays are predictable and do not reflect
poorly on the MCC. Unfortunately, I have heard that some MCC personnel
in country are being urged to disburse funds more quickly. As we have
said before, this is not our intent, particularly if it risks short-
cutting procurement guidelines or other safeguards, or otherwise
negatively affects the quality of implementation of compacts.
I do not know what the optimal rate of disbursement is for the MCC.
It may be disbursing funds at the right rate. By pointing out the rate
of disbursement the committee has simply sought to explain why, in
part, we are unable to support hundreds of millions of dollars for new
compacts when compacts that are several years old have only disbursed a
fraction of their funds.

[[Page 24193]]

More time is required to review the effectiveness of the 18 compacts
that already exist. I am told that the MCC's board of directors will
meet in December to discuss which additional countries will be eligible
to apply for compact funding in fiscal year 2009. Since we will not
have a final fiscal year 2009 funding level for the MCC until late
January at the earliest, I urge board members to act judiciously and to
keep in mind that eligibility does not assure that a compact will be
funded.
The many competing demands placed on the State and Foreign Operations
Appropriations bill will only increase over the next few years, given
the global financial crisis, which will have direct and indirect
consequences for the world's poorest countries. We also expect to be
asked to increase funding for international HIV/AIDS programs due to
the recent PEPFAR reauthorization.
The MCC is a new and innovative form of assistance, and we want it to
succeed. I was involved in drafting the authorizing legislation that
established the MCC, and I have said many times that I strongly support
the concept of providing governments with incentives to combat
corruption, improve governance, and address the basic needs of their
people. If the MCC shows that it can achieve the results we all want,
it could become a model for other forms of foreign assistance.
But we cannot ignore other pressing short-term and long-term needs.
Some have claimed that not providing another billion dollars for the
MCC in fiscal year 2009 will delay progress toward long-term
development goals. I would argue that funding to address the acute
personnel shortages at the Department of State and USAID, which the
President's budget largely ignores, is a priority for effective U.S.
diplomacy and development assistance programs now and in the future.
It is also notable that a number of governments that were awarded
compacts are not performing as expected. According to the 2009 Country
Scorecard Index, 5 of the 8 MCC lower middle income countries that have
compacts have failed 8 of 17 indicators. Similarly, with the reports of
systemic voter fraud in the recent Nicaraguan elections, I am concerned
that President Ortega's government may have jeopardized the MCC compact
in that country.
The future of the MCC is now up to the Obama administration, and I
expect President-elect Obama will explore all options for how the MCC
should by managed and implemented, as he will for other Federal
programs. However, before major adjustments, if any, take place,
Congress has to finish the remaining fiscal year 2009 spending bills.
Senator Gregg and I will be working with our colleagues in the House.
There are several areas in the State and Foreign Operations bill where
the Senate and House positions differ, and the MCC is one obvious
example. Until then, I would encourage those who care about the MCC, as
many of us do, to focus on ensuring that funds already appropriated are
used effectively.

____________________

TRIBUTE TO BOB MILLER

Mr. LEAHY. Mr. President, I rise today to recognize the great
achievements of a wonderful Vermont businessman, Bob Miller, president
of R.E.M. Development Company in Williston.
Bobby started R.E.M. Development in 1984, and over the last quarter
century, the company has grown to become one of Vermont's largest
commercial real estate developers. While it is hard to travel around
Vermont without running into one of Bobby's projects, his lifelong
commitment to bettering his community is both admirable and
commendable.
Bobby recently received two special awards for his outstanding
business practices and devotion to the community. Citing ``their
determination, success, and philanthropy,'' the Lake Champlain Regional
Chamber of Commerce honored R.E.M. Development as its 2008 Large
Business of the Year. In addition, saying that Bobby ``typifies the
true spirit of service and self-sacrifice in representing the finest
ideals of Vermont citizenship,'' the Vermont Chamber of Commerce
presented him with its 2008 Citizen of the Year Award. I congratulate
Bobby and R.E.M. Development for both of these well-deserved
achievements.
I ask unanimous consent to have a November 17, 2008, Burlington Free
Press article about Bobby Miller's successful career printed in the
Record so all Senators can read about a prosperous Vermont businessman
who continually gives back to his community.
There being no objection, the material was ordered to be printed in
the Record, as follows:

[From the Burlington Free Press, Monday, Nov. 17, 2008]

Miller Is a Builder and a Giver

(By Adam Silverman)

Williston.--Just about anybody can create and run a
thriving business when times are good. When the economic
outlook is gloomier, though, success requires more careful
planning and management.
That's both a piece of advice from and a guiding philosophy
for Bob Miller, president of Williston-based R.E.M
Development Co., a 24-year-old company that builds and leases
commercial real estate. Even with recession fears spreading,
Miller said business is flourishing.
``There is always demand,'' he said last week while sitting
behind his granite-topped desk at an industrial park he owns
on Avenue D. ``I don't think there's a good time or a bad
time to go into business. Either you have a business plan
that's going to work, or it's not. Anyone can make it in good
times.''
Outside, cars, trucks, big rigs and package-delivery vans
frequented the businesses that rent space in his buildings.
The park represents just a fraction of the 2 million square
feet of real estate R.E.M rents, a total that makes the
company ``the region's largest commercial industrial
developer of manufacturing, distribution, warehouse, and flex
space,'' it boasts on its Web site.
Miller, 73, of Burlington, whose initials compose his
company's acronym, incorporates another component into his
philosophy: the need for philanthropy, for businesses to give
back to their communities. He has donated money and
construction services to hospitals, exposition centers and
youth recreational facilities, among many others. Miller and
his wife, Holly, give what they call the ``three Ts''--time,
talent and treasure.
``It's kind of fun to take on one of these projects and
stand back and say, `We really helped this neighborhood,' ''
Miller said. ``It's a great way to get your name out. There
are rewards for philanthropy. People know you're out in the
community giving back and not just taking, taking, taking.
That's not why we do it--we do it because we want to--but
there is that relationship in getting involved.''
Those components of Miller's work, the successful company
and the devotion to philanthropy, led to two awards he
received last week.
The Lake Champlain Regional Chamber of Commerce honored
R.E.M Development on Tuesday as its large business of the
year, citing Miller and the company for ``their
determination, success, and philanthropy.'' Three days later,
the Vermont Chamber of Commerce presented Miller its Citizen
of the Year Award, also championing his business acumen and
his good works.
Miller ``typifies the true spirit of service and self-
sacrifice in representing the finest ideals of Vermont
citizenship,'' the Vermont Chamber says on its Web site.
``His commitment to the prosperity of the people and
businesses in Vermont reaches statewide.''
Among Miller's projects is Burlington's Gosse Court Armory,
an old National Guard facility the military donated to the
city in 2005 for transformation into a community center.
The city approached Miller about a potential contribution
after budget estimates exceeded available resources. Miller
looked at the plans, said he could do the work for $500,000
less than the $1.3 million estimate, and agreed to serve as
general contractor. Later he wrote a check for $100,000.
``It's really extraordinary to have a developer with his
skills and expertise step forward to do this for his
community,'' the city's chief administrative officer,
Jonathan Leopold, said earlier this year.
Sitting in his office last week, Miller fielded a phone
call from a construction worker at the armory. Without
referring to any plans or drawings, Miller helped solve an
engineering challenge from memory, delivering precise
instructions. Then he drew a sketch on a blank sheet of paper
to help an observer understand the issue: the alignment of
basketball hoops and the configuration of lines on the
gymnasium floor.
Miller's talent for drawing and engineering came naturally,
he said. A Rutland native, Miller thought during high school
he wanted to be a mechanic, but after graduation he turned
toward engineering. His first job was as a draftsman.
He moved to Burlington in 1959 and helped draft electrical
plans for the University of Vermont's library and Burlington
High School; because the money wasn't great, Miller also
tended bar, he said. In 1972 he started

[[Page 24194]]

New England Air Systems, which he ran for a dozen years, and
then he sold it to the employees and created the company he
continues to run--with 12-hour days during the week and seven
hours on Saturdays.
``One of my philosophies is, you've got to make money or
you're not going to be in business,'' he said. ``I love the
business. I love the challenge of negotiating. I'm fiercely
competitive. I may not look that way, but I'm a highly
competitive guy. But I'm not a sore loser, either.''
Miller is especially happy to see businesses ``grow with
us,'' starting out small and expanding as their success
increases. R.E.M Development, which Miller runs with his son,
Tim, is devoted to helping its tenants, but expects serious
effort in return, Miller said.
``We try to help people get started. I'm a great advocate
of the underdog, because that's where I came from,'' he said.
``We want people to make a profit, but they've got to work
for it, as we do.''
Businesses first must craft a solid, well-researched,
thorough, realistic business plan, Miller suggested. Then
they must forge relationships with customers and with
vendors, and develop and maintain a positive reputation.
That's helped Miller thrive.
``When we really need a product, we can get that product,''
he said, referring to critical building components. ``People
know they will get paid. We don't cry wolf every day, but we
do cry wolf from time to time.''
Last, and sometimes of special importance, is for an owner
to be able to abandon an unsuccessful venture, as he did with
a portable-storage project he launched just before 9/11, even
though a stigma can be attached, Miller said.
``If you're successful, everyone thinks you're a genius. If
you fail they think you're a schmuck,'' he said. ``Don't fall
in love with 'em. Drop 'em if it doesn't work. You have to be
a realist.''
Regardless of the situation, Miller encourages other
business owners to give back. He likes to quote fellow
Vermont philanthropist J. Warren McClure, who died in 2004:
``If you can't give a dollar, you'll never give a hundred.''
``Give what you can,'' Miller said. ``We have an
obligation. There are many, many, many needs. And you can
have a lot of fun doing it.''

____________________

HEALTH CARE REFORM

Mr. KERRY. Mr. President, I wanted to take this opportunity to share
with my colleagues an especially poignant and meaningful column that
appeared in the Boston Herald last week by Wayne Woodlief honoring the
efforts Senator Edward M. Kennedy has made to enact legislation to
provide health care for all Americans--and looking forward to his
leadership on this issue. As Senator Kennedy recently said ``It is
painfully obvious that our health care system costs Americans too much,
costs employers too much, denies too much needed care and leaves out
too many Americans.'' He is right. We need to take immediate action
next year to reform our health care system. I look forward to working
with Senator Kennedy to enact broad reform of our health care system to
help every American gain access to high-quality, affordable health
care.
I ask unanimous consent to have the column to which I referred,
printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Barack Obama, Listen to Dr. Ted

(By Wayne Woodlief)

Now's the time for President-elect Obama and Congress to
seize the moment and enact health care for all Americans.
ASAP.
Sen. is pressing a new strategy--shaped in bipartisan
meetings--for one consensus bill that can be moved swiftly
through the Senate and the House, perhaps even in Obama's
first 100 days.
Kennedy has courted and listened to allies on both sides of
the aisle. Sen. Mike Enzi (R-Wyo.), ranking Republican on the
Health Care Committee that Kennedy chairs, is working with
Teddy. And Senate Finance Chairman Max Baucus (D-Mont.)
weighed in this week with his own ideas on health care; ideas
that look a lot like Kennedy's and like the Massachusetts
universal coverage law that Teddy touts as a national model.
Kennedy said Baucus' White Paper ``brings us closer to our
goal.'' Especially since the finance committee has to find a
way to pay for a law that would cost billions, yet help tens
of millions of struggling citizens, many without jobs now,
pay their health care bills.
That is different from the early 1990s when then-Chairman
Daniel Patrick Moynihan's opposition doomed health care
reform championed by Kennedy and the Clintons.
And Obama--though treading carefully--said recently that
health reform is ``priority number three,'' right after the
economy and energy independence, adding, ``I think the time
is right to do it.''
Amen. Passage of universal health care would be the
capstone on Kennedy's legacy. And Obama owes him. The passing
of the Kennedy torch to Obama by Teddy and niece Caroline
just before Super Tuesday was a turning point in Obama's path
to the presidency. He also owes it even more to all those
people to whom he promised relief.
In last Sunday's Washington Post, Kennedy wrote, ``it is no
longer just patients demanding change. Businesses, doctors
and even many insurance companies are demanding it ... The
cost will be substantial, but the need for reform is too
great to be deflected or delayed.''
For those who would say, ``That's just a liberal talking,''
hear this:
David Blumenthal, director of the Institute for Health
Policy for the Partners Health Care System and an Obama
adviser, said, ``Some of the largest corporations in America
are struggling to compete in the world marketplace because of
high health care costs.''
Rick Umbdenstock, president and CEO of the American
Hospital Association, said the economic turmoil, coupled with
health care's high costs, ``will likely mean the loss of jobs
and employer-related health coverage ... and possibly even
diminishing access to health care services.''
Nancy Nielsen, president of the American Medical
Association, said, ``The cost of doing nothing is much higher
than the alternative''--the scuffling to pay for good care,
including preventive care, and dooming millions to ``live
sick and die younger.''
These aren't socialists. These are people who work with
health care daily and know the crisis it is in.
Kennedy has worked behind the scenes to craft health reform
since Memorial Day, by phone, by e-mail and even by face-to-
face meetings despite his illness. He's back in Washington,
and he's not slowing down.
As soon as Obama takes that oath that Kennedy's slain
brother took 48 years ago, he should start preaching and
working for health care for all. And Congress, which Kennedy
has served for so long, should do it for Teddy--and for the
American people. It's time to strike while those stars are
aligned.

____________________

SPACE

Mr. ALLARD. Mr. President, I wish to address the report to Congress
of the Independent Assessment Panel on the Organization and Management
of National Security Space, which was released on Tuesday, September
16. The Institute for Defense Analyses, led by Mr. A. Thomas Young and
a team of six qualified and experienced experts, undertook this project
to provide the Congress with a comprehensive assessment of the state of
our national space policy, especially as it relates to our national
security and our position as the global leader in space.
I raised concerns in 2006 when then-Secretary of Defense Donald
Rumsfeld suggested that the commander of Air Force Space Command, based
in Colorado Springs, should be downgraded from the four-star level to
three stars. I reminded the Secretary that space is critical to our
Armed Forces; that nearly every military operation we carry out makes
use of assets in space in one way or another, be it using our
satellites to locate the position of the enemy, providing instant
communications, or gathering dependable intelligence. I was pleased the
Pentagon opted not to institute this troublesome proposal.
Following this episode, I authored legislation in the 2007 Defense
authorization bill to establish a new space commission, similar to the
2001 Commission to Assess U.S. National Security Space Management and
Organization. I wanted an independent panel of space, intelligence, and
military experts to study, analyze, and make recommendations to the
Congress on the current state and future vision of America's national
space agenda. This review began last fall, and I am pleased that it was
completed in a timely manner.
The panel began their report articulating what I have always
understood to be true, that U.S. leadership in space is paramount to
the preservation of our national security. It is key to our lasting
ability to ward off modern and unexpected threats against our homeland
or our allies and essential to maintaining our economic superiority in
the ever-changing information age. Most importantly, the report
reinforced that space-based technology is essential to our intelligence
gathering and warfighting capabilities. As such, according to the
panel, and I agree, updating and modernizing our national

[[Page 24195]]

space policy and its related personnel structure must be a top
priority. America's willingness and capacity to continue to lead in
space provides our Nation with a priceless strategic advantage that
will pay dividends for generations to come.
As a result of their extensive research and thorough investigations,
the panel uncovered what they believed were fundamental structural and
organizational flaws with the Federal Government's space sector. Such
flaws include major management problems, poor communication among and
between involved agencies, a lack of proper oversight and direction, a
lack of expert professional personnel, and a host of others. The panel
also recognized a scary reality--space technology is rapidly
proliferating to all corners of the Earth, and America is not keeping
up with its space competitors. This proliferation, combined with our
space industry bogged down by aging legacy space projects that take
vital resources away from newer, more modern projects, has taken its
toll on our competitive edge with China and other emerging nations.
Although some of these and other deficiencies were recognized and
exposed by the 2001 Space Commission, drastic measures to adequately
deal with the problems uncovered were not proposed and undertaken. This
panel, however, took an alternate route and recommended bold proposals
to redirect and radically improve our national space agenda. The panel
recommends, and again I agree, that America needs a top-to-bottom
overhaul to restore the vitality of our space programs and regain and
sustain the competitive advantages afforded the United States by our
preeminence in space. In no uncertain terms, the panel outlined a bold
new vision for the future of America's role in space. It laid out four
suggestions of significant substance to restructure our approach to
space and realign our defense, intelligence, and commercial priorities
as they relate to space.
First, it calls for the President to create and implement a truly
national space strategy. The President should announce to the American
people that he is updating and modernizing America's space program
immediately and elevating its priority status to the top tier of the
national agenda.
The panel recommends the President reestablish the National Space
Council in the Executive Office of the President, under the leadership
of the National Security Advisor, to implement the new strategy and
coordinate its activities with the Department of Defense, the
intelligence community, NASA, and other responsible agencies. This will
provide one of the President's top advisers with the power to assign
responsibilities, set priorities, and break through the barriers to
cooperation that have stymied progress on key space programs in the
past.
Second, the panel believes that no one is really in charge of the
national space agenda. They discovered that in the midst of so much
bureaucracy and competing authorities, regrettably there has been no
one at the helm. This needs to change.
The authorities and responsibilities for all Government space
programs are spread widely throughout the Pentagon and within various
intelligence agencies. Therefore, the panel recommends the creation of
a National Security Space Authority that will be responsible to the
Secretary of Defense and the Director of National Intelligence. The
proposed arrangement is needed to remedy the ruinous deficiencies in
the current system, including the frequent inability to reconcile
budget priorities and the common failure to ensure that innovative
acquisition program requirements are affordable and integrated across
military and intelligence space domains.
Third, the panel recommends to strip the National Reconnaissance
Office and the Air Force Space and Missile Systems Center of their
status as traditional, independent entities and incorporate their
personnel and functions, as well as the functions of other parts of the
Air Force Space Command, into a single National Security Space
Organization. Under unified leadership, this organization could allow
all the space experts to work more effectively together. The panel
recommends this path because it most effectively utilizes the scarce
talent available to achieve our Nation's goals in space. Under this
type of organizational structure, the Government's space management
team can focus on installing best engineering and acquisition
practices, including early systems engineering and cost estimating. I
am not sure I agree yet with this recommendation, but I think it does
warrant serious consideration by the Congress.
It is true that the continual problem of space acquisition program
delays, cost overruns, and cancellations has drained resources and
caused America to rely heavily on satellite constellations that have
matured beyond their original design lives. This is simply
unacceptable, and I think the panel is correct when they say that small
modifications to the status quo, which have been proposed time and
again in the past, are not enough. A new and innovative organizational
structure is a good idea, but the details of the panel's third
recommendation need to be vetted before I can lend my full support.
Finally, the panel suggests that the intelligence community and each
of the military branches adopt and execute strategies for identifying,
selecting, educating, training, and managing a sufficient number of
Government experts and professionals to support the country's space
acquisition obligations. The careers of these space acquisition and
technical professionals should be designed and administered so that
they can provide continuity for the execution of long-term projects,
while remaining eligible and competitive for career advancement.
It is unrealistic to expect that we can modernize our space strategy
and succeed in developing complex space systems without enough
technically capable and sufficiently experienced Government scientists,
engineers, and acquisition experts that are immersed in the space arena
and assigned to see projects through to completion. These types of
professionals are critical to the success of our future endeavors in
space.
Throughout my time in the Congress I have fully supported science-
related education. This support includes space, defense, and national
security studies as well. For example, I have supported funding
requests for the Center for Space and Defense Studies at the U.S. Air
Force Academy. The mission of this center is to build and define space
policy studies curriculum for the undergraduate cadets. I have long
supported the Center for Geosciences and Atmospheric Research at my
alma mater, Colorado State University. This center is a national
resource for the Department of Defense in the areas of atmospheric and
hydrologic research, which are both critical to our national security.
America needs more engineers, physicists, rocket scientists,
mathematicians, and the like. We need them now and in the coming
decades more than we ever have in the past. The future of our national
security and defense capabilities rests with our ability to recruit,
train, and equip more and more Americans with the critical knowledge
and know-how of the hard sciences. The first step is making this type
of education a top national priority, and it is my hope that America's
future leaders will do so.
Mr. President, I appreciate all four and fully support three of the
panel's suggestions for the improvement of our national space strategy.
In my opinion, if we fail to act on these recommendations, we face the
possibility that our preeminence in space will erode to the point at
which we will no longer enjoy a significant competitive national
security advantage in an all-important global arena.
Along with the American people, I am indebted to the panel for their
hard and thoughtful work on this study. Their discoveries and
suggestions for improvement are invaluable. It is my hope that the next
Congress and the next administration will take a serious look at this
study and craft an aggressive and coherent strategy for America's
future presence in space.

[[Page 24196]]

____________________

COLORADO DRUG INVESTIGATORS ASSOCIATION

Mr. ALLARD. Mr, President, throughout the past 3 years the Colorado
Drug Investigators Association, DIA, has united peace officers and
other professionals who share a common interest in illegal and illicit
drug enforcement. Through the leadership of State president Ernest
Martinez, State vice president, Jerry Peters, regional vice presidents
David Arcady, Rick Needham, Brian Roman, Rob Pride, Kevin Hathaway, at-
large members Janelle Crain, Mechele Berge, Sandra Evans, Rick
Millwright, Gary Graham, Kelly Horton, Jim Welton, Francis Gonzales,
and Ron Hollingshead, the Colorado Drug Investigators Association
continues to unite into one organization all Colorado peace officers
and individuals committed to protecting the State from all drug-related
crime. This organization provides comprehensive counternarcotics
training for all members in all aspects of drug enforcement and
continues to educate and recommend legislation favorable to effective
drug enforcement in Colorado. It recognizes the critical importance of
information exchange and actively facilitates this communication
between members of the association on the movements of drug violators
and new and innovative techniques used by either the criminals or law
enforcement.
In addition, the Colorado Drug Investigators Association, through
cultural, legislative, political, fraternal, educational, charitable,
welfare and social activities, fosters an atmosphere of cooperation and
information sharing among all law enforcement in Colorado, private
industry and the public. I believe the CDIA represents a valuable tool
in the fight against drug-related crime and express my appreciation to
all association members for their commitment to the safety and security
for the citizens of Colorado.

____________________

LABOR DAY

Mr. ROCKEFELLER. Mr. President, Labor Day is our opportunity to
celebrate the millions of American workers who have given, and continue
to give, so much of themselves to make our Nation great. I am happy to
have had the opportunity to celebrate this Labor Day in Racine, WV,
with many old friends. Today, on the holiday especially devoted to the
social and economic achievements of the American workforce. I would
like to thank all of the miners, teachers, nurses, service technicians,
firefighters, police, repairmen, and all those who dedicate their lives
to making their communities and their country a better place. As summer
is winding down and children are preparing to go back to school, we
should all take a moment to appreciate what working Americans do for
us.
Honest, hard-working people, with the core American values of faith
and family, are what make West Virginia such a wonderful place to live
and call home. Miners work long shifts, miles under the ground, often
in tight spaces with frigid water up to their knees, to get the coal
that provides 50 percent of our Nation's electricity. Yet people rarely
think of that when they flip on the light switch. Teachers spend much
of their own personal time preparing lesson plans and finding creative
ways to teach our next generation. They always go above and beyond the
call of duty for their students. Those in public service work day in
and day out to get Social Security checks processed and in the mail on
time, to manage tax returns, or to deliver basic health services to our
citizens. I applaud each and every one of these Americans.
I am glad Congress succeeded, finally, this year in raising the
minimum wage to $6.55, to help our working families. Increasing the
minimum wage so it is a living wage is something I have advocated since
1998, and now all of our workers will get the increase they need and
deserve to help make ends meet in this struggling economy. This Labor
Day I am especially aware of the need to change the direction of our
country and that has to start with turning around our economy. It is
unfair for hard-working Americans to have to deal with stagnant wages
and rising costs for gas, food, and health care with no help. The
minimum wage will continue to rise until it reaches $7.25 in 2009.
These workers are the heart and soul of West Virginia. Opportunities
do not come easily to them. They work hard every day to get the things
they need for their families--gas, school supplies, and maybe new
sneakers or a pair of jeans for the next school year. Before the rise
of unions, we did not enjoy a 40-hour work week, the benefits of Social
Security, or the right to organize. But West Virginians always fought
for the American dream. They have a high regard for quality and strive
for excellence in everything that they do. In an unfortunate Forbes
survey, West Virginia was listed as one of the least desirable states
in which to do business. But that is only because some companies do not
yet know the men and women that make up West Virginia's workforce; they
do not realize that West Virginia's future and potential is about more
than just coal. They do not see the small business owners, the nurses
and doctors, the educators, the entrepreneurs, the manufacturers, and
artists who keep our State moving and make it so special. They must not
have heard that companies from all over the world such as DuPont, Union
Carbide, and Phone Poulenc have put plants in West Virginia and tapped
into our dedicated work force. Northrop Grumman, MPL Corporation,
Orrick, Herrington, and Sutcliffe, that's the real West Virginia--with
a bright future fueled by all its abundant resources, the most precious
of which are the men and women of our workforce. Our Toyota plant is
the fastest growing plant in the history of Toyota Motor Company. It
has been named the plant with the most productive workers in all of
North America 5 years in a row. This is a testament to West Virginia
employees' unmatched work ethic.
As we celebrate Labor Day, we need to remember that it is the
commitment and diligence of our workers that makes us great. We as West
Virginians are fighters, always have been, always will be, but even
fighters need a day off. West Virginians have earned a day of rest.

____________________

TRIBUTE TO BRENDAN O'CONNOR

Mr. KENNEDY. Mr. President, as we continue to debate national
strategy and the way ahead in Iraq and Afghanistan, there is one thing
that is not debatable, and that is the courage and valor of our troops.
Today, I wish to honor one of those brave troops, MSgt Brendan
O'Connor, a medic in the Special Forces of the U.S. Army.
Master Sergeant O'Connor distinguished himself by extraordinary
heroism in action during a fierce battle in Kandahar Province,
Afghanistan, when his small detachment engaged an estimated 200 Taliban
fighters on June 24, 2006. For his heroism, Master Sergeant O'Connor,
who held the rank of sergeant first class at the time of the battle,
was honored with the Nation's second highest award for valor, the
Distinguished Service Cross.
After awarding the Distinguished Service Cross to Brendan, ADM Eric
Olson, the head of U.S. Special Operations Command, hailed the
contributions of the Army's Special Forces and said, ``Master Sergeant
Brendan O'Connor exemplifies the spirit of these warriors.''
Leading a quick reaction force during a mission against Taliban
leaders, Master Sergeant O'Connor and his team found themselves
outnumbered and surrounded by hundreds of Taliban fighters in one of
the most hotly contested areas of Afghanistan. After calmly maneuvering
his force through enemy Taliban positions, Master Sergeant O'Connor
crawled over 150 yards alone through enemy machine-gun fire across an
open field to rescue two wounded comrades. Rallying and motivating his
severely outnumbered team throughout a day-long battle, he saved the
lives of 21 soldiers and prevented his detachment's destruction while
inflicting heavy casualties on the enemy.
The heroism of Brendan O'Connor and his team in Afghanistan received
national media attention on the CBS News program ``60 Minutes,'' which
aired a segment on April 20 of this year, ``Ambush in Afghanistan.''
Brendan O'Connor comes from a long and distinguished family history
of

[[Page 24197]]

military service to our Nation, with deep roots in the U.S. Army and at
West Point. Brendan's father, LTC Mortimer O'Connor, who graduated from
West Point in 1953, was killed in action in Vietnam in 1968 while
leading men into battle as commander of the 1st Battalion, 2nd
Infantry, in the famed ``Big Red One,'' the oldest continuously serving
division in the U.S. Army.
A true ``warrior-poet'', Mort O'Connor was not only decorated several
times for valor on the battlefield, but taught English at West Point
and earned a graduate degree in English literature from the University
of Pennsylvania. A remembrance of Mort O'Connor in a March 1978 West
Point Alumni publication recalled his spirit on the athletic fields as
a young cadet:

When victorious he would exultantly claim to be descended
from ancient Irish warrior kings. And it may be true, for he
had in him a wild romanticism, a tragic lilt of heart, which
only the Irish have.

Brendan O'Connor's grandfather, and Mort O'Connor's father, was BG
William ``Bill'' O'Connor, a graduate of West Point in 1924. Bill
O'Connor served in Europe in World War II, including in the Battle of
the Bulge.
And three of Brendan's great-uncles followed their brother Bill to
West Point--Richard O'Connor in the Class of 1926, George Brendan
O'Connor in the Class of 1936, and Roderic O'Connor in the Class of
1941.
Today, the O'Connor family tradition of military service continues
with the next generation. Attending his Distinguished Service Cross
award ceremony on April 30th were two of Brendan's cousins, Brian
O'Connor, who is now at the Air Force Academy, and Rory O'Connor, who
is now at West Point.
We are grateful to families such as the O'Connors, who for
generations have answered the Nation's call and worn the uniform with
such courage and distinction. There is no finer example of this
tradition than MSgt Brendan O'Connor and his heroic action in
Afghanistan. I ask unanimous consent to have the full text of his
Distinguished Service Cross citation, as well as the narrative that
accompanies the award, printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

Citation to Accompany the Award of the Distinguished Service Cross to
Sergeant First Class Brendan W. O'Connor

For extraordinary heroism in combat as the senior Medical
Sergeant for Special Forces Operational Detachment Alpha-765
in support of Operation Enduring Freedom in Panjwai District,
Kandahar Province, Afghanistan. On 24 June 2006, during
Operation Kaika, Sergeant O'Connor led a quick reaction force
to reinforce a surrounded patrol and to rescue two wounded
comrades. He maneuvered his force through Taliban positions
and crawled alone, under enemy machinegun fire to reach the
wounded soldiers. He provided medical care, while exposed to
heavy volumes of Taliban fire, then carried one of the
wounded 150 meters across open ground to an area of temporary
cover. He climbed over a wall three times, in plain view of
the enemy, to assist the wounded soldiers to cover while
bullets pounded the structure around him. Sergeant O'Connor
assumed duties as the detachment operations Sergeant and led
the consolidation of three friendly elements, each
surrounded, isolated, and receiving fire from all directions.
His remarkable actions are in keeping with the highest
traditions of military heroism and reflect distinct credit
upon himself, the Combined Special Operations Task Force-
Afghanistan, Special Operations Command-Central, and the
United States Army.

Narrative to Accompany the Award of the Distinguished Service Cross to
Sergeant First Class Brendan W. O'Connor

Sergeant First Class Brendan W. O'Connor, United States
Army, distinguished himself by extraordinary heroism in
action as the Senior Medical Sergeant for Special Forces
Operational Detachment Alpha-765 in support of Operation
ENDURING FREEDOM. On 24 June 2006, while conducting Operation
KAIKA, a cordon and search mission to capture or kill Taliban
leadership in Pashmul, Panjwai District, Kandahar Province,
Afghanistan, the detachment became engaged with an estimated
200 Taliban fighters. MSG Thomas Maholic led a patrol from
the detachment's perimeter to secure a compound situated on
key terrain. As the assault began, a large Taliban force
counterattacked, flooded the battlefield, and immediately
separated the assault element from SSG Matthew Binney's
support by fire position, creating two distinct detachment
elements outside the perimeter, each isolated, surrounded,
and receiving enemy fire from all directions. SSG Binney and
SGT Joseph Feurst were seriously wounded at the support by
fire position. SFC O'Connor volunteered to lead a quick
reaction force to reinforce MSG Maholic in the compound, and
recover the two wounded soldiers. SFC O'Connor departed the
detachment's perimeter under heavy enemy fire, with SFC
Mishra, eight Afghan soldiers and an interpreter. By
employing fire and maneuver, SFC O'Connor destroyed an enemy
machinegun position, broke out from the encircled patrol
base, and evaded enemy fighters that were now swarming toward
the compound. After link-up with MSG Maholic, SFC O'Connor
was directed toward the support-by-fire position. He led his
small relief force along a wall that provided cover from the
heavy volume of machinegun and rocket-propelled grenade fire,
as they evaded attackers and broke out from the encircled
compound. At the end of the wall, he encountered an open
field, 80 meters across to a small building, which was the
next available covered position. The flat field was covered
by enemy grazing fire from three directions. He established a
support-by-fire position to suppress enemy machinegun fire
and began to crawl, alone, across the field, leaving a third
isolated element amid the chaos of the battlefield. Afghan
soldiers attempted to follow him but turned back under the
extraordinary volume of fire. As bullets impacted all around
him and cut the grass directly over his body, he quickly
realized that his cumbersome load was creating too large a
target for the enemy. He returned to the cover of the wall
and removed his body armor and assault pack. Informed that
Apache gunships were en route to strafe the area he was
attempting to crawl through, SFC O'Connor attached an orange
panel to his back in order to mark himself as a friendly
element to the pilots. Without hesitation he immediately
resumed crawling the 80 meters across the field, in plain
sight of the enemy, toward his two wounded comrades. He moved
slowly, just inches below the enemy fire, miraculously
escaping injury from hundreds of Taliban machinegun rounds.
He jumped over a wall into a vineyard and moved forward along
mounds of dirt, with bullets impacting all around him each
time he exposed himself. He continued moving alone, for 150
meters, yelling for SSG Binney. Once again, he evaded enemy
fighters that were as near as 3 meters, and were firing over
a wall and shouting insults and threats at the surrounded
position, and made contact with his wounded teammates. SFC
O'Connor fought with his personal weapon, performed life-
saving measures on the two wounded soldiers in the open,
exposed to enemy fire, shielding the casualties from debris
and shrapnel with his own body, and gave instructions to
begin the evacuation. As an Afghan soldier assisted SSG
Binney, SFC O'Connor picked up SGT Feurst and began carrying
him, unassisted, back to the cover of the small building 150
meters away. He dodged rocket-propelled grenade and
machinegun fire, while methodically maneuvering from one
covered position to another, without the benefit of his
protective body armor, carrying the unconscious SGT Feurst.
He climbed over a two meter high wall, into the building, as
bullets pounded the wall all around him. The frightened
Afghan soldiers were unable to assist in lifting SGT Feurst
over the wall, which required SFC O'Connor to climb back over
the wall in the face of heavy, accurate, enemy fire. He
lifted and pushed SGT Feurst over the wall, assisted SSG
Binney over by offering his own body as step, and climbed
over a third time himself, while a storm of bullets began
disintegrating the structure around him. As Apache gunships
suppressed the enemy, SFC O'Connor led the group from the
surrounded building, while still under fire, back toward the
quick reaction force. He then led his entire force back
toward MSG Maholic's compound. He engaged enemy fighters and
broke through to link up with the last of the isolated
elements. Inside the compound, he learned that MSG Maholic
had been killed. SFC O'Connor assumed duties as Detachment
Operations Sergeant and continued coordinating the defense of
the compound against renewed Taliban attacks. He supervised
all medical treatment of the casualties, coordinated the
medical evacuation flight and organized the movement of
ammunition from the resupply aircraft. After nightfall, under
SFC O'Connor's leadership, the group broke out once again
from their isolated location and moved undetected through
Taliban positions to reunite all friendly elements at the
detachment's patrol base. SFC O'Connor's extraordinary
actions, performed at tremendous risk of life, successfully
rescued two wounded comrades, saved the lives of 21 soldiers,
and prevented his detachment's destruction. He consolidated
four friendly elements, each isolated and surrounded by an
aggressive, numerically superior, and well armed enemy force
during the confusion of combat, and brought all soldiers to
safety. The heroic accomplishments of Sergeant First Class
Brendan W. O'Connor reflect great credit upon himself, the
Combined Joint Special Operations Task Force-Afghanistan,
Special Operations Command-Central, and the United States
Army.

[[Page 24198]]

____________________

TRIBUTE TO LINDA LONG

Mr. ALEXANDER. Mr. President, I wish to recognize a former staffer,
Linda K. Long, for her wonderful contributions to my office and to the
State of Tennessee.
Linda began her career with Senator Fred Thompson in 1995 and joined
my staff on January 21, 2003, where she soon distinguished herself as
one of the best constituent services representatives in the State of
Tennessee.
Linda was a wealth of knowledge when it came to working with
constituents and their problems. Although she took a very ``no
nonsense'' approach to her job, she was very compassionate and always
made time to listen to constituents and console them even if she could
not help them with their issue.
Linda is loved and respected by people throughout west Tennessee. In
fact, she served two terms on the Madison County Commission from 1994
to 2002. There is no doubt that Linda went above and beyond to help all
constituents. She was tough, but fair, and always had time for anyone
who asked for assistance through my office. Linda retired on February
29, 2008, and we miss her already.

____________________

IDAHOANS SPEAK OUT ON HIGH ENERGY PRICES

Mr. CRAPO. Mr. President, in mid-June, I asked Idahoans to share with
me how high energy prices are affecting their lives, and they responded
by the hundreds. The stories, numbering well over 1,200, are
heartbreaking and touching. While energy prices have dropped in recent
weeks, the concerns expressed from June remain very relevant. To
respect the efforts of those who took the opportunity to share their
thoughts, 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 was/am in full support of your GPRA Energy Legislation.
You were right on. Please continue to fight for energy
independence for Idaho and the U.S. This is essential to our
national security and prosperity. It is never too late to do
the right thing (even if we should have done it ten years
ago). Please keep the pressure to allow Congress to vote on
crucial energy legislation. We deserve to know how our
Congress stands/votes on important issues like this. I am
also in favor of the President calling an emergency session
of Congress to pass energy legislation. It is that important.
Drill here, drill now, pay less.
Teresa, Twin Falls.
____

Since July 11, [2008,] crude oil prices have declined over
16% yet gasoline prices at the pump have remained steady.
When is Congress going to start putting real pressure on the
oil companies to stop gouging the American consumer? If
Congress wants to turn the economy around, then start by
addressing energy prices. The oil companies raised gas prices
as crude oil prices escalated but there is no indication that
the reverse is true as crude prices continue to come down.
Enough is enough.
Galyn.
____

You have expressed a desire to hear of our experiences and
hardships with the rise in gasoline prices. I have a daily
routine when I get to work. I get online and check for recent
news on gasoline prices and so forth. The next thing I do is
check on local gas prices by utilizing Mapquest.com. It is
severely disappointing to see that our eastern Idaho gasoline
prices have stabilized at $4.12 a gallon when the national
average is below $3.90 a gallon, according to a recent
yahoo.com article. Be that as it may, $3.90 is still a harsh
amount. This has become a pain not only economically but
domestically as well. Between my wife and I for the last
month and a half, there has been strife about our finances
and being able to afford the next meal, the bills, and all
that we wish we could do to make an advance in finances.
Colleagues and friends would argue the same domestic
problems. So you see that this problem is not only hurting
America economically but socially as well.
I have done my part in decreasing the amount I drive and
the amount of times I fill up on gasoline but this can only
go so far. I bought a scooter back in June just before
gasoline prices hit $120 a gallon and it has saved a
percentage of what we would have spent on filling our car.
Americans are aware of the problem and doing what they can
with reservation to consequences that may arise in their
conservation efforts. The question is not ``what should
Americans do to avoid the high prices in gasoline?'', rather;
the question is ``Why is the American government not making a
reasonable effort to free its people from economic
desperation?''
Start drilling now; let us build up a reserve and release
the current one, let us start looking for alternatives and
renewables. Our understanding will progress as the science
behind these progresses.
Sincerely,
Michael, Rexburg.
____

Since I do not have unlimited income (I am an underpaid
Idaho teacher), or someone paying my fuel bills, the rising
cost of gas and diesel is taking spending money out of our
pockets and into our tanks since we need to drive to perform
many daily activities. We also spend less at other retailers
since the money went for fuel. We also get less for the same
dollar at the store since the price of goods has gone up due
to the rising costs of shipping using diesel fuel which is
the most expensive and should be the cheapest since it costs
less to make and comes off first in the processing of crude
oil to fuel. When we spend less the retailers get less and it
becomes a vicious circle. Let us start using our own oil and
uncap the wells in our country just sitting there. The
wildlife will be just fine in Alaska and elsewhere as long as
we are careful while drilling and transporting the oil. We
need to quit fueling the Arab terrorist groups by buying
their oil at inflated prices or at all. Do not tell me the
Saudis are our friends. The only thing they like about us is
our money.
Mel, Post Falls.
____

Why do not the forces to be work together to get this
solved--or is there no representation for improving the
energy quantity?
Jim.
____

We received an email at work stating that you would like to
know how we felt about high energy prices, along with ideas
on how to improve the situation. The energy prices are a
nuisance to me. I can handle the $50 per week it takes me to
get to and from work. What concerns me are my neighbors who
may be on the edge, or who need gasoline to make a living
(trucking, farming, construction).
To me the solution seems simple. Increase the supply. Let
us drill in ANWR. A vast majority of Alaskans favor the
proposition. We could do so in an environmentally responsible
way. Let us drill in the area between 50 miles and 200 miles
off the coast in those areas where the population is for it.
I understand in Virginia, most are in favor of it. I
understand that we are the only country that prevents its
people from doing this. And, by the way, why have not we
opened a refinery in the last 25 years? Many say that even if
we drill in ANWR, we will not see any oil for 10 years. That
may be, but if we had acted 10 years ago, we would be reaping
the benefits of it now. Besides, that might convince foreign
countries who have raised their prices so much that we are
serious about using our own resources and it may convince
them it is time to lower prices. The solution to energy
problems is going to take leadership, not short-sighted
thinking.
Also, we need to start building power plants powered by
nuclear energy. A power plant that uses petroleum for its
power source should no longer be allowed to be built. We can
no longer afford to waste petroleum like that, nor should we
pollute the air with those wastes, when we can capture and
process all nuclear wastes safely.
Of course we can use solar energy including wind where
feasible, but that will not solve our energy needs in the
future.
We should also not use crops that we need for our food
supply to produce ethanol, especially when it takes more
energy to produce the ethanol that we receive from the
resulting fuel. No wonder food prices are through the roof.
Some want to blame oil companies for making excessive
profits. A profit of 6 to 8% does not seem excessive to me.
When did it become illegal to make a profit in this country?
Higher taxes will not lower the price of gasoline. Let us
level the playing field and remove excessive regulations.
Sure, global warming is taking place, but we are not the
cause of that. It has to do with solar cycles. Spend a winter
in Idaho if you want to see global warming at work. The
farmers I know had to plant late this season because their
fields were covered with snow. The temperature in the world
decreased last year. It did not increase. Global warming is
not the problem. High energy prices are crippling the
economy. The polar bear population has increased, not
decreased. We are being sold a bill of goods that we cannot
afford to buy.

[[Page 24199]]

I know that the liberals are against everything I have
proposed. We are opposed to their supposed solution of
raising taxes. So does that mean that we have a stalemate and
nothing is going to be done? We need leadership.
Norman, Idaho Falls.
____

I own a small 5-employee, garbage company that services the
cities of Kuna and Melba and indeed the recent run up in
diesel prices from $3/gallon to the current $4/gallon in the
last ten months has been a major impact on my business of
transporting solid waste for my small communities. I have
seen my fuel bill increase by nearly $4,000/month, a 63%
increase in that time frame.
As difficult as that is for me, the run up in prices has
had a major impact on my employees and their ability to come
to work and this is so true for all of Idaho's employees,
particularly those on the very bottom of the economic scale
of which there are too many in Idaho.
I could go on longer, but you know the impact. More
importantly, I think you need to hear from your constituents
regarding the solutions. We need a Manhattan-style project to
electrify our transportation sector of this country. We need
tax incentives for production and purchase of electric
vehicles.
We need tax incentives for wind, solar, lithium ion
batteries and electric motors (retrofitting out current gas
fleet with electric drive trains will provide a sustainable
new job creation and a finance business model that will be a
boon to our poor, who are being priced out of transportation,
and this will be paid for from displaced fuel dollars from
foreign oil purchases). We need to re-industrialize the USA
to create high paying jobs in the energy sector that will
give us sustainable energy so we can get out of our many oil
entanglements throughout the world.
Our nation mobilized itself to re-tool its whole industrial
base during WWII to create a war machine, plus provide all
the oil needed to win that war in the short span of 4-6
years. In the same short time frame we have bankrupted
ourselves in this senseless oil war in Iraq. We need to
understand that we need to get off of fossil fuels.
We can and we have to do better. The country needs strong
leadership and I have watched you, you are a person of
integrity. You can give us the leadership, even though it
will not be the party line. I pray you have the courage to
make a difference.
The American public deserves a choice to our energy needs
and tax incentives for solar and wind energy for our homes,
will take us in that direction. I know this is not consistent
with the Big Business energy and automobile business model,
but I think they do not see the wisdom of making hard
changes, tough choices and creating our own energy future.
The whole period of deregulation we have just gone through
has not been healthy for our country. Deregulation, from
Enron to sub-prime lending is bankrupting our country. For
the past 60 years the housing market has been stable and
predictable. Deregulation has been regulation for the wealthy
and well-positioned. We cannot continue to steal the hope for
the middle class on the back of the rich.
There have been two major fallacies foisted on the American
public. One is that tax cuts will stimulate jobs and drilling
oil will reduce gas prices. The wealthy citizens of our
country and the oil companies can be multi-national citizens
and their allegiances are to their own wealth accumulation,
just a factor of human nature.
We do not have nationalized oil, therefore oil drilling
will benefit the oil companies and the highest bidders in the
world market, yet the American public is led to believe, oil
drilling will have an appreciable impact on our local gas
prices, but indeed the nations with more wealth, able to bid
and buy the commodity will benefit. We are a debtor nation,
unlike China. Producing our own source of energy is critical
to changing that reality.
Tax cuts given to the wealthiest of our nation, without a
requirement that those tax cuts be re-invested in the USA
leaves those individuals the option to take those tax cuts
and invest them in the country of their choice, wherever they
can get the best return, again leaving the human instinct of
wealth accumulation to play out.
If we invest our tax cuts, in our own country and our own
energy interests, that will create local high paying jobs, we
will be investing in our own future, taking us out of the
status of debtor nation.
By the way, I, as well as Warren Buffet, am in the tax
bracket that was advantaged by the big tax cuts, and I and
Warren Buffet have both felt we would be glad to forego those
tax cuts for a strong economy.
Again, I ask that you have the courage to engage with any
in congress, in a bipartisan way, who is of a like mind to
take us to energy freedom. Jay Inslee the representative from
Washington State is a great proponent of energy issues and a
person like you, who is a person of integrity. I pray that
our representatives in Washington will have the sense of
urgency required to take the bold steps needed for the
American People.
As well, I might suggest, your staff get the hearing
minutes from a Senate hearing held this week on the energy
grid where T. Boone Pickens gave testimony where he stated
``we cannot drill our way out of our current energy crisis''
proposing wind energy as a major part of the solution. It was
a very enlightening hearing.
Thank you for your concern for the plight of your
constituents.
Tim, Kuna.
____

As a person living on a fixed income, I find that the
soaring costs of energy in all forms are creating a
considerable burden on me. With gas at $4 per gallon, the
cost of everything is sky rocketing.
The U.S. is being held hostage by two bit dictators in the
energy market. And it is unnecessary. We are a country that
put a man on the moon over forty years ago, yet we have not
found ways of using our abundant coal resources in an
environmentally safe manner, and I am not seeing anything
being done about it. Why?
We spend hundreds of billions on foreign oil imports yet we
allow a few vocal nuts to keep us from developing our own
resources. We must tap the oil in the Alaska Wildlife
Reserve. Contrary to their claims, oil production and
wildlife are not incompatible. The noise and bustle of
drilling will cause the animals to leave temporarily, after
the drillers leave and the pumps and pipelines are in place
they will return.
We are often told that the lack of refinery capacity is
also a cause of high gas prices. How many new refineries are
currently under construction? How many are planned? When was
the last completed?
Alfred, Twin Falls.
____

I wrote a response to your email about energy yesterday and
as I sat here another issue presented itself to me. This is
on a community level. My wife and I (with bad forethought)
bought The Roxy Theatre in Cascade. I say the above because
now many people do not have the extra money to spend seeing
movies or plays or concerts. Now after two years, seeing my
available credit shrink, and energy costs of my theatre go
up, I am looking at hard choices. I have chosen not to hire
employees back. This further hurts the overall economy as
there are 4 people who now have to find jobs. I have tried,
but I cannot find a way to end this bleeding. The power
company asked and got two very large rate hikes. Why are we
spending almost 2/3 of all the fuel refined in the USA making
power for the grids? We have been cut in the heel by a very
small but loud group of people who say we should have no more
reactors in the USA. Enough--the good of the few do not
outweigh the good of the many. We have always been a nation
formed on that. From my grandfather to my dad to my service
in the military, I know that. I have served for the good of
the many. I am still a police officer for the good of the
many. It is sure not for the pay. I read bills all of the
time that you all are debating on the Hill. I laugh; we spend
millions of bucks to help out some performing arts center in
New York. I provide the same arts to Americans too. I guess
we are too small in Idaho or Cascade, I should say. We could
all sit around and cry the blues, but nothing gets done. I
put on my uniform 4 days a week and my theatre clothes 7 days
a week, 364 days a year. I do this because it is for the good
of the many. [I think earmarks should be allowed for projects
that provide for the good of the many and my theatre would
qualify for assistance.] You, sir, are elected to serve. I
hear it just as much as you do. I do not mean that I am your
boss. I mean we put you there because we feel you can fix it.
I feel, given the responses you have seen, that Idaho's gems
have given you the ways to fix the problems you asked about.
We have to all give something up. Again, I have not asked you
to put me on a spending bill for aid to my 1939 theatre that
I am sure will not make it through the year. The small
business will not make it that long. When something big
happens to this country, everyone asks for federal aid. Major
snowstorms happen here, and it is not even reported. Four
inches of snow in Florida and every news channel is calling
it a disaster. We want this fixed before there is not debate
about it. . . It will be a disaster that no one will have
thought could happen. Many politicians say all of the time
small business is the backbone of the USA. We are all hurting
in this town. We are all getting close to going under. No
joke, come up here, I will buy you a movie. I'll show you
around like when the mill closed in 2000. We are on the
threshold of something very bad. Thanks for your time, I know
like me you do not have much to spare.
Jason, Cascade.

____________________

PAYMENTS TO RADIO HOST

Mr. GRASSLEY. Mr. President, several years ago, I started looking at
the financial relationships between physicians and drug companies. I am
doing this because I am concerned that there is very little
transparency on this issue. I have also learned that the little
transparency that does exist is not being enforced or is being enforced
inconsistently.
For instance, the National Institutes of Health requires researchers
to report

[[Page 24200]]

outside payments to their institution if they receive a grant from the
NIH. But I have learned that some researchers are failing to properly
report this money.
Recently, I examined payments from pharmaceutical companies to a
professor of psychiatry at the University of Cincinnati. I found out
that she was not reporting tens of thousand of dollars in outside
income.
I then looked at a group of the world's most prominent child
psychiatrists, in particular, three researchers at Harvard who have
taken millions of dollars from the drug companies. These doctors are
funded by several NIH grants, but they were not reporting all of their
money from the drug companies as required by NIH regulations.
I then discovered a department chairman at Stanford who founded a
company that was seeking approval from the Food and Drug Administration
to market a drug for depression. The NIH is funding some research on
this drug which was being led by this same Stanford scientist. Because
there were some obvious conflicts with this situation, the NIH recently
forced Stanford to pull this professor off the grant.
I also sent letters to the University of Texas and Emory University
about researchers at their institutions.
I would now like to discuss another troubling aspect about the lack
of financial transparency in medicine.
``The Infinite Mind'' is a radio show that is independently produced
but runs on over 300 public radio stations. It is possibly the most
authoritative program on psychology and neuroscience in America. This
show has won over 60 journalism awards. According to a biography of the
show's host, it has an audience of over half a million people.
Back in my home State of Iowa, ``The Infinite Mind'' is broadcast on
most Sundays, early in the evening. My guess is that thousands of
Iowans tune in. According to its own website, ``The Infinite Mind''
prides itself on its ``independence.'' But there may be some problems
with their financial transparency.
Last May, a couple of reporters for a news site called ``Slate''
wrote about an episode of ``The Infinite Mind'' called Prozac Nation:
Revisited. During this episode, three guests on the show discussed
problems with antidepressants. After listening to a recording of the
show, it appeared to me that the real effect of this particular episode
was to undercut any criticism that antidepressants might be linked to
an increased risk of suicide. This is an issue I tackled a few years
back.
Maybe these three guests felt that there really is no problem with
antidepressants. But a large number of experts believe that
antidepressants may be associated with an increased risk of suicide,
particularly in kids. In fact, last March, two months before this show
aired, Britain's Medicines and Healthcare Regulatory Authority MHRA,
concluded a 4 year investigation of the antidepressant, Paxil. That
report found that GSK had been aware since 1998 that Paxil was
associated with a higher risk of suicidal behavior in adolescents.
Now don't get me wrong, experts on public radio have a right to
express their own opinions. However, I am concerned that the host of
``The Infinite Mind'' never pointed out that all three of the show's
guests had strong financial ties to the pharmaceutical industry.
That is right. Every one of them. And this was never mentioned during
the program or by the guests who appeared.
What listeners also never learned is that the host of ``The Infinite
Mind'' has his own ties to drugmakers. When a show runs on National
Public Radio, NPR, doesn't the public have a right to know where the
show's host gets his money?
The host of ``The Infinite Mind'' is Dr. Frederick Goodwin, who I am
told, is one of our country's leading experts on bipolar disorder. In
fact, he has written the definitive textbook on bipolar disorder. He is
now an adjunct professor at George Washington University Medical Center
and was formerly the director of the National Institute of Mental
Health.
But what you would never know about Dr. Goodwin is that he is also a
paid spokesman for several drug companies. Now, I don't know how much
money Dr. Goodwin actually receives from all the drug companies, but
based on documents my office has received from GlaxoSmithKline, I do
know that GlaxoSmithKline pays him around $2500 for every talk his
gives on treatments for bipolar disorder and depression. These talks
concerned several drugs such as Wellbutrin, Eskalith, and Lamictal.
Based on documents that my office received from GlaxoSmithKline, Dr.
Goodwin gives these talks to doctor groups around the country. So far
this year, Glaxo reports that the company paid Dr. Goodwin over
$130,000 for over 50 different talks. Of course, Dr. Goodwin may be
making more money from other drug companies, but I only asked
GlaxoSmithKline for their information. I do know from a scientific
paper that Dr. Goodwin published that he has also given talks on behalf
of Pfizer, Solvay, Janssen, Eli Lilly, Astra Zeneca and Bristol Myers
Squibb. And he has served as a consultant for many of these companies,
as well.
In fact, Dr. Goodwin was very busy the week that the episode of
Prozac Nation: Revisited started airing last March 26.
GlaxoSmithKline's records show that the company paid Dr. Goodwin for
several talks he gave that week on bipolar disorder and Lamictal.
In fact, records show that he gave around eight talks at $2500 each,
bringing him around $20,000 in payments. Several of the talks were done
by teleconference, but Dr. Goodwin also spoke about Lamictal at
Fleming's Prime Steakhouse in Birmingham, Michigan and the Rosebud
Steak House in Schaumburg, IL.
Based upon the information provided to my staff, Dr. Goodwin was also
very active on behalf of Glaxo in 2005. That year, Glaxo paid Dr.
Goodwin over $300,000 in speaking fees and around $25,000 in expenses
to discuss their products. And this was the same year that he hosted an
episode for ``The Infinite Mind'' on bipolar disorder in kids. Again
there was no disclosure on the show about Dr. Goodwin's financial ties
to GlaxoSmithKline or other drug companies.
Let's take this one step further. When an episode on bipolar disorder
first aired on September 20, 2005, Dr. Goodwin was once again on the
road for the Glaxo. Glaxo's records show that the company paid him
$2500 for a talk he gave that day on drug therapy for bipolar disorder.
The talk was at Lemonia, a Tuscan restaurant located at the Ritz
Carlton Golf Resort in Naples, FL.
I don't think it takes a journalism or ethics professor to figure out
that listeners of a national radio show should be told about the host's
financial interests. It just seems obvious. This type of information
should be out in the open and transparent.
People should know that since 2000, GlaxoSmithKline has paid the host
of a radio program on psychiatry over $1.2 million in speaking fees and
over $100,000 in expenses. People should know that, based on
information from Glaxo, most of these fees were paid to Dr. Goodwin
through Best Practice, a pharmaceutical consulting firm that he helped
establish in the late nineties. Among the many services that have been
offered by Best Practice are marketing consultation, and the
``dissemination of new off label information.''
Now, I have already pointed out that this independently produced
radio show runs on over 300 public radio stations. But it also runs on
NPR's satellite station. This got the attention of Margaret Low Smith,
a vice president at NPR. She has stated that any show that runs on
NPR's satellite station, and I quote, ``must live up to NPR standards
.''
So I would like to go over some of those standards as found on NPR's
own website. According to NPR's own policies, and I quote, ``confidence
in us as independent and fair means avoiding actual and apparent
conflicts of interest or engaging in outside activities, public comment
or writing that calls into question our ability to report fairly on a
subject.''
The policy also states that an individual covered under this code
``has the

[[Page 24201]]

responsibility to disclose potential conflicts of interest.''
I think these are very fair standards on transparency, and I hope
that shows running on NPR will try to live up to them in the future.
It is not my job as a Senator to screen newspapers, the evening news
or national radio for my constituents. But it is my job to watch out
for taxpayers' money. According to its website and promotional comments
made during many of the show's episodes, ``The Infinite Mind'' has been
made possible, at times, by major underwriting from the National
Science Foundation and the National Institutes of Health.
And that is why I am sending out two letters one to the National
Institutes of Health and another to the National Science Foundation.
The recently departed director of NIH has already acknowledged that
they have problems with their policies when it comes to researchers not
reporting outside income. I commend him for recognizing this fact. I
also know that the NIH plans on changing its regulations to tighten up
disclosure requirements.
But I am not certain about the disclosure requirements when the NIH
helps to fund a show like ``The Infinite Mind.'' I am going to ask the
NIH to see if they require ``The Infinite Mind'' to disclose the money
that drug companies pay to the show's host.
And I am asking the NSF to explain their policies on financial
disclosure to see if they might need some changes as well.
I ask unanimous consent to have my letters to the National Institutes
of Health and the National Science Foundation printed in the Record. I
would also like to commend GlaxoSmithKline for their cooperation with
the Committee and their commitment to transparency. It is greatly
appreciated.
There being no objection, the material was ordered to be printed in
the Record, as follows:

U.S. Senate,

Committee on Finance,

Washington, DC, November 19, 2008.
Raynard S. Kington, M.D., Ph.D.,
Acting Director, National Institutes of Health,
Rockville Pike, Bethesda, MD.
Dear Acting Director Kington: As a senior member of the
United States Senate and the Ranking Member of the Committee
on Finance (Committee), I have a duty under the Constitution
to conduct oversight into the actions of executive branch
agencies, including the activities of the National Institutes
of Health (NIH/Agency). In this capacity, I must ensure that
NIH properly fulfills its mission to advance the public's
welfare and makes responsible use of the public funding
provided for medical studies. This research often forms the
basis for action taken by the Medicare and Medicaid programs.
Once again I would like to bring to NIH's attention my
concerns about the lack of oversight regarding conflicts of
interest relating to the almost $24 billion in annual grants
that are distributed by the NIH. I understand that you are
now attempting to change the regulations covering the
extramural research program to ensure more accountability in
financial disclosure. I appreciate your work in this area.
As you know, institutions receiving an NIH research grant
are required to manage the grantee's conflicts of interest. I
would like now to let you know that I have discovered another
problem with an NIH grantee and a lack of financial
transparency.
In particular, I am concerned about a radio show that
discusses psychology and neuroscience called ``The Infinite
Mind.'' This show, as I understand it, is independently
produced and is distributed to over 300 public radio stations
and appears on National Public Radio's (NPR) satellite
channel. According to this show's website and promotional
comments made during several of the show's episodes, ``The
Infinite Mind'' claims to receive major underwriting from the
National Institutes of Health and the National Institute of
Mental Health.
The host of the ``The Infinite Mind'' is research professor
Dr. Frederick Goodwin. However, I have learned that while
hosting this radio program, Dr. Goodwin also received
substantial compensation from drug companies. In the fine
print of an article he published in the Journal of the
American Medical Association in 2003, Dr. Goodwin
acknowledged that he ``has served on the speaker's bureaus of
Glaxo, Solvay, Janssen, Pfizer, Lilly, AstraZeneca, and
Bristol-Myers Squibb; and has served as a consultant for
Glaxo, Solvay, Pfizer, Lilly, Bristol-Myers Squibb Elan, and
Novartis.'' For example, over the last seven years, Dr.
Goodwin received over $1.3 million in speaking fees and
honoraria from GlaxoSmithKline (GSK) for giving over 480
talks. I discovered this fact through documents that I
received from GSK.
I have attached a chart detailing the information that GSK
supplied to my staff. Many of the payments to Dr. Goodwin
were made through a company called Best Practice LLC (BP).
Based upon independent research conducted by my staff, it
appears that Dr. Goodwin founded BP along with several other
scientists in the late nineties. It is my understanding that
BP advises pharmaceutical companies.
As mentioned earlier, when one listens to ``The Infinite
Mind'' there is an acknowledgment that NIH money helps to
underwrite its production. Accordingly I would appreciate any
information that you could provide me regarding financial
disclosure requirements applicable to this situation. It
seems to me that if the federal government provides financial
support for a radio program that is heard by hundreds of
thousands of American citizens, then the financial
transparency of that show's host is important.
In light of this, I would appreciate gaining a greater
understanding of the NIH grants received by ``The Infinite
Mind'' and the applicable NIH policies on financial
disclosure. Accordingly, please respond to the following
questions and requests for information. For each response,
please repeat the enumerated request and follow with the
appropriate answer. The time span of this request covers
January 2000 to the present.
(1) Please provide a list of all NIH grants that have
supported ``The Infinite Mind.'' For each grant/contract,
please provide the following:
a. Name of grant/contract;
b. Topic of grant/contract;
c. Amount of funding for each grant/contract identified;
d. Amount of funding provided in grant/contract for the
host of the show; and
e. Supporting documents on financial disclosure, pertinent
to the grant/contract.
(2) Please provide a list of all NIH grants, if any, made
to Dr. Frederick Goodwin. For each grant, please provide the
following:
a. Name of grant;
b. Topic/purpose of the grant; and
c. Amount of funding for each grant identified.
(3) For each of the above identified grants, please answer
the following questions regarding financial disclosure:
a. Please explain the applicable NIH rules on financial
disclosure required for the grant; and
b. Please confirm if the applicable rules on financial
disclosure were followed by the grantee.
(4) Please provide a list of any other interactions that
Dr. Frederick Goodwin has had with the NIH including
membership on advisory boards, peer reviewer on grants, or
other similar activities.
(5) Please provide a list of all NIH grants/contract, if
any, made to Best Practice LLC. For each grant, please
provide the following:
a. Name of grant/contract;
b. Topic of grant/contract; and
c. Amount of funding for each grant/contract identified.
(6) Please provide a list of all NIH grants that have
supported National Public Radio. For each grant, please
provide the following:
a. Name of grant;
b. Topic of grant; and
c. Amount of funding for each grant identified.
(7) For each of the above identified grants/contracts,
please answer the following questions regarding financial
disclosure:
a. Please explain the applicable NIH rules on financial
disclosure required for each grant/contract; and
b. Please confirm that applicable rules on financial
disclosure were followed by the grantee.
I request your prompt attention to this matter and your
continued cooperation. I would appreciate receiving responses
no later than December 3, 2008. If you have any questions,
please contact my Committee staff, Paul Thacker. Any formal
correspondence should be sent electronically in PDF
searchable format to Brian_D[email protected].
Sincerely,
Charles E. Grassley,
Ranking Member.

[[Page 24202]]

2004................................ Lamictal BP............ Bipolar I disorder: 193,500 23,100
stabilization and
treatment.
2005................................ Lamictal BP............ Strategies and 304,500 24,900
therapies for treating
bipolar I disorder.
2006................................ Lamictal BP............ Managing and treating 223,000 21,400
bipolar disorder.
National Speaker
Series on Lamictal for
treating bipolar I
disorder.
2007................................ Lamictal BP............ Treating bipolar and 138,000 18,900
unipolar depression.
Managing bipolar I
disorder.
2008................................ Lamictal Paxil......... Managing and treating 132,500 1,800
bipolar disorder.
National Speaker
Series: Maintenance
treatment for bipolar
I disorder.
----------------------------------------------------------------------------------------------------------------
Total: $1,226,300 in fees and $117,300 in expenses for over 480 talks.

U.S. Senate,

Committee on Finance,

Washington, DC, November 19, 2008.
Dr. Arden L. Bement, Jr.
Director, National Science Foundation, Wilson Boulevard,
Arlington, VA.
Dear Director Bement: As a senior member of the United
States Senate and the Ranking Member of the Committee on
Finance (Committee), I have a duty under the Constitution to
conduct oversight into the actions of executive branch
agencies, including the activities of the National Science
Foundation (NSF). In this capacity, I must ensure that NSF
properly fulfills its mission to advance the public's welfare
and makes responsible use of the public funding provided for
scientific studies and education. Research and educational
programs sponsored by the NSF may influence public opinion
and can affect actions taken by the Medicare and Medicaid
programs.
I would like to bring to your attention my concerns about
the apparent lack of oversight regarding conflicts of
interest relating to the almost $6 billion in annual grants
that are distributed by the NSF. As you know, institutions
receiving an NSF research grant are required to ``manage''
the grantee's conflicts of interest.
In particular, I am concerned about a radio show that
discusses psychology and neuroscience called ``The Infinite
Mind.'' This show, as I understand it, is: independently
produced; distributed to over 300 public radio stations; and
appears on National Public Radio's (NPR) satellite channel.
According to this show's website and promotional comments
made during several of the show's episodes, ``The Infinite
Mind'' claims to receive major underwriting from the NSF.
The host of the ``The Infinite Mind'' is research professor
Dr. Frederick Goodwin. However, I have learned that while
hosting this radio program, Dr. Goodwin also received
substantial compensation from drug companies. In the fine
print of an article he published in the Journal of the
American Medical Association in 2003, Dr. Goodwin
acknowledged that he ``has served on the speaker's bureaus of
Glaxo, Solvay, Janssen, Pfizer, Lilly, AstraZeneca, and
Bristol-Myers Squibb; and has served as a consultant for
Glaxo, Solvay, Pfizer, Lilly, Bristol-Myers Squibb Elan, and
Novartis.'' For example, over the last seven years, Dr.
Goodwin has received over $1.3 million in speaking fees and
honoraria from GlaxoSmithKline (GSK) for giving over 480
talks. I discovered this fact through documents that I
received from GSK.
For your review and future reference, I have attached a
chart detailing the information that GSK supplied to my
staff. Many of the payments to Dr. Goodwin were made through
a company called Best Practice LLC (BP). Based upon
independent research conducted by my staff, it appears that
Dr. Goodwin founded BP along with several other scientists in
the late nineties. It is my understanding that BP advises
pharmaceutical companies.
As mentioned earlier, when one listens to ``The Infinite
Mind'' there is an acknowledgment that NSF money helps to
underwrite its production. Accordingly I would appreciate any
information that NSF could provide regarding financial
disclosure requirements applicable to this situation. It
seems to me that if the federal government provides financial
support for a radio program that is heard by hundreds of
thousands of American citizens, then the financial
transparency of that show's host is important.
In light of this, I would appreciate gaining a greater
understanding of the NSF grants provided to ``The Infinite
Mind'' and the applicable NSF policies relating either
directly or indirectly to financial disclosure. Accordingly,
please respond to the following questions and requests for
information. For each response, please repeat the enumerated
request followed by the appropriate answer. The time span of
this request covers January 2000 to the present.
(1) Please provide a list of all NSF funds that have
supported ``The Infinite Mind.'' For each grant, please
provide the following:
a. Name of grant and/or contract;
b. Topic of grant/contract; and
c. Amount of funding for grant/contract;
d. Amount of funding provided in grant/contract for the
host of the show; and
e. Supporting documents on financial disclosure, pertinent
to the grant/contract.
(2) Please provide a list of all NSF grants, if any, made
to Dr. Frederick Goodwin. For each grant, please provide the
following:
a. Name of grant;
b. Topic/purpose of the grant; and
c. Amount of funding for the grant.
(3) For each of the above identified grants, please answer
the following questions regarding financial disclosure:
a. Please explain the applicable NSF rules on financial
disclosure required for the grant; and
b. Please confirm that applicable rules on financial
disclosure were followed by the grantee.
(4) Please provide a list of any other interactions that
Dr. Goodwin has had with the NSF including membership on
advisory boards, peer review on grants, or the like.
(5) Please provide a list of all NSF grants that have
supported National Public Radio. For each grant, please
provide the following:
a. Name of grant;
b. Topic of grant; and
c. Amount of funding for grant.
(6) For each of the above identified grants/contracts,
please answer the following questions regarding financial
disclosure:
a. Please explain the applicable NSF rules on financial
disclosure required for the grant/contracts; and
b. Please confirm that applicable rules on financial
disclosure were followed by the grantee.
In cooperating with the Committee's review, no documents,
records, data, or other information related to these matters,
either directly or indirectly, shall be destroyed, modified,
removed, or otherwise made inaccessible to the Committee.
I request your prompt attention to this matter. In
addition, I would request you provide this information to me
no later than December 3, 2008. If you have any questions,
please contact my Committee staff, Paul Thacker. Any formal
correspondence should be sent electronically in PDF
searchable format to Brian_D[email protected].
Sincerely,
Charles E. Grassley,
Ranking Member.
Attachment.

GLAXOSMITHKLINE PAYMENTS TO DR. FREDERICK GOODWIN
----------------------------------------------------------------------------------------------------------------
Speaker
Year Products Topics Honoraria Expenses
----------------------------------------------------------------------------------------------------------------
2000................................ Wellbutrin, Lamictal... Depression: treatment $14,400 $2,400
and therapies.
2001................................ Wellbutrin Lamictal Depression updates on 24,000 3,100
Eskalith. treatments. Frontiers
in neuropsychiatry.
2002................................ Eskalith Wellbutrin Managing depression. 55,500 5,400
Lamictal. Treatment for bipolar
disorder and mania.
2003................................ Wellbutrin Eskalith Depression. Treating 140,800 16,100
Lamictal BP. mania and bipolar
disorder. Use of
Lamotrigine.
2004................................ Lamictal BP............ Bipolar I disorder: 193,500 23,100
stabilization and
treatment.
2005................................ Lamictal BP............ Strategies and 304,500 24,900
therapies for treating
bipolar I disorder.
2006................................ Lamictal BP............ Managing and treating 223,000 21,400
bipolar disorder.
National Speaker
Series on Lamictal for
treating bipolar I
disorder.
2007................................ Lamictal BP............ Treating bipolar and 138,000 18,900
unipolar depression.
Managing bipolar I
disorder.
2008................................ Lamictal Paxil......... Managing and treating 132,500 1,800
bipolar disorder.
National Speaker
Series: Maintenance
treatment for bipolar
I disorder.
----------------------------------------------------------------------------------------------------------------
Total: $1,226,300 in fees and $117,300 in expenses for over 480 talks.

[[Page 24203]]

____________________

I LOVE TO WRITE DAY

Mr. CARPER. Mr. President, I wish to commemorate I Love to Write Day.
The designation of November 15 as I Love to Write Day allows the Nation
to focus much-needed attention on the value and importance of
practicing writing skills at every age.
I Love to Write Day was created by Delaware author John Riddle in
2002. John came up with the idea for I Love to Write Day while driving
from his home in Delaware to the Blue Ridge Mountain Christian Writers
Conference in Ashville, NC. That first year, more than 11,000 schools
across the country signed up to participate in I Love to Write Day
events and activities.
Since Delaware Governor Ruth Ann Minner officially declared November
15th as I Love to Write Day in 2002, nine other Governors have joined
in recognizing it, and more than 20,000 schools participated last year.
This year, Children's Way Foundation teamed up with Mr. Riddle to
bring together 50,000 elementary schools throughout the country to
provide students with the opportunity to discover and develop the
talent of writing.
John Riddle currently resides in Bear, DE, and knows the value of
writing first hand. For the last 30 years, he has been a freelance
author writing for magazines, trade journals and Web sites, and is the
author of 34 books. He is a frequent presenter at writers conferences
all across the country and spoke last year at the National Press Club
in Washington, DC.
Writing is vital to improve communication skills and to challenge
minds. It is a skill that is helpful in every career and the ability to
communicate effectively through writing not only enhances one's
educational opportunities but also serves as a lifelong asset. It
doesn't matter if you write a poem, a letter, an essay, or a novel;
just as long as you are getting your thoughts down on paper you are
engaging your mind. I applaud Mr. Riddle's efforts to get people
writing and hope that I Love to Write Day continues to be a success
throughout the Nation.

____________________

ADDITIONAL STATEMENTS

______

TRIBUTE TO ALAN AND MARILYN BERGMAN

Mrs. BOXER. Mr. President, I would like to take this
opportunity to recognize an extraordinary couple in the musical world,
Alan and Marilyn Bergman, who were recently honored by the renowned
Paley Center for Media. Formerly known as the Museum of Television &
Radio, the Paley Center for Media is nationally recognized for its
efforts to engage communities in a dialogue around the cultural,
creative, and social significance of television, radio, and other
emerging media platforms.
This year, Alan and Marilyn Bergman are celebrating 50 years of a
musical partnership that has enchanted and engaged people around the
world. In honor of their extraordinary careers, the Paley Center for
Media hosted two very special events to pay tribute to the Bergmans,
the first in New York on May 21, 2008, and the second in Los Angeles on
November 3, 2008. The two events were part of the Paley Center for
Media's ``Paley After Dark'' series, which features only a select few
artists each year.
Though Alan and Marilyn's personal life stories may not be widely
known--both were born and raised in the same Brooklyn, NY,
neighborhood, but it wasn't until they moved to Los Angeles in the
1950s that they met, fell in love, and married--it is hard to find a
person who isn't familiar with one of the Bergmans' many famous songs.
Starting with one of their first breakthrough successes, a song
entitled ``Sleep Warm,'' which appeared as the title track on an album
released by Dean Martin in 1959, the Bergmans kicked off a musical
career that has lasted half a century.
In 1968, the Bergmans won their first Oscar for ``The Windmills of
Your Mind,'' the theme song from the ``Thomas Crown Affair.'' This was
just the beginning for Alan and Marilyn. Later, in 1968, ``The
Windmills of Your Mind'' also won a Golden Globe award. In 1973, Alan
and Marilyn won two Grammys, an Oscar, and a Golden Globe award for
``The Way We Were,'' starring Barbara Streisand and Robert Redford. In
1984, they won another Oscar for the score for ``Yentl,'' and won Emmys
for ``Sybil,'' ``Queen of the Stardust Ballroom,'' ``Ordinary
Miracles'' and ``A Ticket to Dream.'' In 1995, Alan and Marilyn wrote
the Golden Globe-, Oscar-, and Grammy-nominated song ``Moonlight.''
Just a few years ago, Alan and Marilyn were commissioned by the Kennedy
Center to write a jazz song cycle which received widespread acclaim.
And just last year, Alan released his first album as a vocalist,
``Lyrically,'' featuring some of his and Marilyn's most well-known
songs. The reviews were phenomenal.
During their New York and Los Angeles visits, the Bergmans performed
a few of their hit songs and treated the audiences to a special
question-and-answer session with Pat Mitchell, the Paley Center for
Media's president and CEO. Though the Bergmans have been partners for
more than 50 years, it was clearly evident that their rapport with each
other shines through as strongly today as it did when they first met.
For half a century, Alan and Marilyn have written the lyrics and
music to some of the world's most recognizable and unforgettable songs.
Their dedication and passion for life is evident in both their marriage
and in the work they do. It is no wonder, then, that the Paley Center
for Media has honored the Bergmans as part of its ``Paley After Dark''
series.
As their U.S. Senator, I join the Paley Center for Media in honoring
and giving my most sincere congratulations to Alan and Marilyn, one of
the most respected songwriting teams in music today, for enriching the
lives of so many. And for the sake of all of us, I trust that their
joint efforts will continue for many more years.

____________________

TRIBUTE TO LAWERENCE CANFIELD

Mrs. BOXER. Mr. President, I ask my colleagues to join me in
honoring the life of Sacramento County sheriff's deputy Lawrence
``Larry'' Canfield, who was tragically killed in the line of duty on
November 12, 2008, when his patrol motorcycle was hit while pursuing a
speeding vehicle.
Deputy Canfield was raised in Galt, CA, where he graduated from Galt
High School. After graduation he joined the U.S. Army where he served
for 4 years. He later followed his father's footsteps and joined the
Sacramento County Sheriff's Department. For 13 years, Deputy Canfield
took great pride in his service to the Sacramento County Sheriff's
Department. To his colleagues he was known for his dedication to law
enforcement and passion for serving with the motorcycle division.
Deputy Canfield is survived by his loving wife of 16 years, Michelle,
and children Tyler and Bryce. Deputy Canfield will be remembered as a
dedicated husband, proud father, loving son, devoted friend, and
respected colleague. Deputy Canfield served Sacramento County with
honor and bravery and fulfilled his oath as an officer of the law. His
contributions to public safety and dedication to law enforcement are
greatly appreciated and will serve as an example of his legacy.
We shall be grateful for Deputy Canfield's heroic service and the
sacrifices he made while serving and protecting the community that he
loved.

____________________

REMEMBERING JAMES JOSEPH DURANT

Ms. COLLINS. Mr. President, today I wish to commemorate the
life of a true American patriot--Mr. James Joseph Durant of Scarborough
ME--and to mourn his passing.
Mr. Durant died in the line of duty almost two years ago while
serving his community through the Volunteers in Police Services, VIPS,
program.
His premature death not only devastated his family but left a void in
the life and social fabric of his community and his State.
Mr. Durant led an admirable and remarkable life. He was married for
47

[[Page 24204]]

years to his high school sweetheart, Janine. They began dating in their
sophomore year when they were forced to share her English book because
he had conveniently forgotten his own. Mr. Durant was a dedicated and
caring father to their three children and a doting grandfather of five.
He was a decorated U.S. Army soldier and combat veteran of the
Vietnam War. Mr. Durant's loyalty to the Army and to his country was so
profound that he refused a deferral from deployment to Vietnam to which
he was entitled when his wife discovered that she was pregnant with
their second child.
After his return from Vietnam, Mr. Durant dedicated his life to
public service. He worked with distinction for over 25 years as an
electronic technician for the Federal Aviation Administration at the
Portland International Jetport. He also volunteered for many activities
and programs in Scarborough, including VIPS, where he patrolled parking
lots on behalf of the local police department.
Sadly, it was this commitment to public service that ultimately cost
him his life. On December 15, 2006, while serving the citizens of
Scarborough in his capacity as a member of VIPS, Mr. Durant responded
to a nearby traffic accident.
He was helping the under-manned police department by directing
traffic when a vehicle struck him from behind. Although Mr. Durant was
not a career officer, Scarborough honored him with local law-
enforcement honors at his funeral. His was the first death of an
officer in the line of duty in Scarborough's modern history.
Mr. Durant responded to the Nation's call for citizens to volunteer
to help secure our homeland after the terrorist attacks of September
11, 2001. Managed on behalf of the Departments of Homeland Security and
Justice by the International Association of Chiefs of Police, VIPS
provides an opportunity for ordinary citizens to volunteer in law
enforcement. As a volunteer law enforcement officer, Mr. Durant made
his community safer, stronger, and a better place to live.
Unfortunately, after Mr. Durant sacrificed his life heeding that call
to service, the Federal government compounded his family's loss by
denying their application for federal death benefits under the Public
Safety Officer Benefits, PSOB, program.
According to the Department of Justice which administers the PSOB
program, Mr. Durant did not qualify as a ``public safety officer''
within the meaning of the law.
The PSOB program has been plagued with problems since its inception.
Most of the national law enforcement and fire services organizations,
such as the International Association of Fire Fighters, the
International Association of Fire Chiefs, the Fraternal Order of
Police, and the National Sheriff's Association, have long complained
about the huge backlog of benefit applications and DoJ's overly strict
interpretation of the law.
If we truly hope to encourage more Americans like Mr. Durant to
engage in volunteer activities that safeguard our homeland, we must
ensure that their families are taken care of in the event that they die
while performing duties that public safety officers would have
otherwise performed.
Mr. Durant is the first and so far only VIPS participant to have died
in the line of duty. It would be folly to assume that he will be the
last. That is why I believe that Congress should provide volunteers
participating in VIPS and the Fire Corps, another potentially dangerous
citizen volunteer program, with death benefits similar to those
provided under the PSOB program.
I fully recognize that proposing to expand the PSOB program--even if
narrowly--is controversial. But I also believe that such an expansion
is necessary. In the future, I hope to reach agreement with my friends
in the first responder community on a way to protect the families of
volunteers, like Mr. Durant, who lose their lives protecting the
citizens of this Nation.
I also pledge to continue working with them to ensure that the DoJ
addresses their justifiable concerns with the administration of the
PSOB program.
As a nation, we owe it to our first responders--whether career or
volunteer--to care for their families when they have made the ultimate
sacrifice to protect us. While I regret that the Federal Government has
not fulfilled this obligation to Janine Durant and her family, I am
committed to ensuring that our Nation treats its heroes honorably.
Mr. Durant was an ordinary American who did extraordinary things.
Having already served his country in combat, having work and family
obligations, he made the extra effort to serve his community, and lost
his life in the process.
We are all poorer for his death, but we can redeem it by providing
equitable treatment for the families of other volunteers who may perish
while serving the public good.

____________________

TRIBUTE TO MARTIN HANSON

Mr. FEINGOLD. Mr. President, today I would like to commemorate
the life of the great Wisconsin conservationist Martin Hanson.
Wisconsin lost one of the best environmental stewards of the last
century on October 22 when Martin passed away in beautiful northern
Wisconsin. I join so many other Wisconsinites, and conservationists
nationwide, in paying tribute to Martin Hanson's memory.
Martin Hanson dedicated his life to protecting the Wisconsin
landscape he loved. His legacy will carry on for many years to come in
the peaceful shorelines, deep forests, and shimmering lakes of our
State. Thanks to Martin's tireless work, future generations of
Wisconsinites will fall in love with the great outdoors just as he did.
The Apostle Islands, a great Wisconsin treasure along Lake Superior,
have been kept nearly pristine because of his environmental advocacy.
Like so many other Wisconsinites, I travel to the Apostle Islands as
often as I can to enjoy the spectacular scenery. Wisconsin has Martin
Hanson, as well as Gaylord Nelson, to thank for protecting this
Wisconsin treasure. The work of these two giants of Wisconsin's
conservation movement helped make possible my own efforts to preserve
the Apostle Islands and designate almost 80 percent of them as
federally protected wilderness.
Generations of Wisconsinites are indebted to Martin Hanson, who was a
key architect of our State's tradition of environmental conservation.
So today I honor his memory, celebrate his extraordinary life, and give
thanks for his outstanding legacy.

____________________

TRIBUTE TO BILL QUINBY

Mr. HARKIN. Mr. President, there are few more accomplished
citizens of Iowa than Bill--William--Quinby. I use the word ``citizen''
on purpose because along with his wife Janice, Bill's life continues to
be a model of ideal citizenship and embodies what it means to be an
Iowan.
Bill has spent his life living by a simple mantra: work hard and give
back. In college at the University of Iowa, Bill was a two-time letter
winner in baseball as an athlete and again in football as a team
manager. He used these experiences to help his community, and for 11
years he served as an educator in the Cedar Rapids School District in
various positions as an athletic director, teacher, and principal.
After a stint in the private sector, he later served as the director of
career counseling and as the athletics director at Coe College, one of
Iowa's finest small colleges. Along with these years of service to his
community, Bill also served for years as a high school, college, and
professional football official, serving in such big games as the Rose
Bowl, Orange Bowl, and Super Bowl XIX.
Yet despite this impressive career, I know that Bill would tell you
that he is just as proud, if not more so, of his combined 150 years of
service on boards and commissions of various charitable organizations
in his community. Some of these groups include the Hawkeye Area Boy
Scouts, the Cedar Rapids Jaycees, the Cedar Rapids Community Theater,
Habitat for Humanity, the Cedar Rapids Community Free Clinic, and the
Cedar Rapids Board of Ethics in Government.

[[Page 24205]]

I would be remiss if I did not emphasize the large amount of time
that Bill has put into a cause that is also close to my heart. As a
volunteer for the Special Olympics, Bill has been fighting for equality
for persons with disabilities. While the legislative work in Washington
can help create a more equal legal framework, the work of volunteers
like Bill is what allows equality to emerge in practice.
To honor these services to the community, Bill was recently awarded
the University of Iowa's Lifetime Achievement award. Congratulations,
Bill. And let me extend to you heartfelt thanks for your inspiration
and work to better eastern Iowa.
I ask to have an article about Bill from the August 27, 2008, Cedar
Rapids Gazette printed in the Record.
The material follows.

Quinby Gives Lifetime of Service

[From the Cedar Rapids Gazette, Aug. 27, 2008]

Cedar Rapids.--Bill Quinby once punched in the stomach a
Minnesota football fan who was pestering Iowa Coach Forest
Evashevski, thus earning the nickname ``Punchy'' from the
appreciative head coach.
But that's not why he'll receive a lifetime achievement
award from the University of Iowa on Saturday when the
Hawkeyes host Maine.
Quinby, 76, will be honored for his lifetime of community
service in Cedar Rapids and the surrounding area. That punch
during a Big Ten game at Minnesota in 1952 is just one of the
many stories he has from a lifetime of memories as an
educator, Big Ten and NFL referee, philanthropist, public
servant, and all-around good guy.
Quinby will be saluted Saturday along with retired Air
Force Gen. Donald J. Kutyna, who had a distinguished military
career. Quinby marvels at the company he's in: A working-
class kid from Cedar Rapids and a decorated U.S. general.
``Let's put it this way,'' he said Wednesday. ``I'm humbled
as hell. And honored.''
Quinby's many friends and admirers will tell you it's a
well-deserved award and has little to do with his work as a
Big Ten football official for 13 years or his service as an
NFL referee for 17 years. Rather, it's a tribute to all the
help he's given others.
He's served on the board of directors for the Hawkeye Area
Boy Scouts, Cedar Rapids Jaycees, Cedar Rapids Community
Theatre, Cedar Rapids Kids League Baseball, Cedar Rapids
Sports Club, Cedar Rapids Professional Baseball Club,
Cerebral Palsy Association, Arc of Eastern Iowa, Cedar Rapids
Kernels Foundation, Cedar Rapids Ice Arena, Camp Courageous,
Habitat for Humanity, Special Olympics, National Shrine
Athletic Committee, and the Linn Area Credit Union. He's
served on the Regional Planning Commission, the Cedar Rapids
Recreation Commission, the Five Seasons Facility Commission,
the Civil Service Commission, and the Cedar Rapids Board of
Ethics in Government.
``I always felt it was best to help people who possibly
needed help,'' he said. ``I mean, look at how lucky I've
been. I truly feel very good about being born here, raised
here and I've lived here all my life. Look how good it's been
for me.''
Quinby and his wife, Janis, have been married for 53 years.
They have four children and nine grandchildren, although one
of their children, Billy, died tragically in a traffic
accident as a young man.
Quinby was an accomplished athlete at Franklin High School
in Cedar Rapids, but three knee operations prevented him from
playing football at Iowa. He received two varsity letters in
baseball with the Hawkeyes and got two varsity letters in
football as the team's manager, which is why he was at
Evashevski's side when that unruly Minnesota fan left his
seat behind the UI bench and confronted Evy, claiming players
were obstructing his view of the field.
Quinby, who did a little boxing in college, rushed to
Evashevski's side and slugged the guy a couple of times in
the stomach, making him double over in pain. ``Thanks,''
Evashevski said after the game.
``See how lucky I've been to be around?'' Quinby said with
a smile. ``For a guy that grew up at Daniels Park and was
nothing at Iowa, I feel very lucky.''

____________________

TRIBUTE TO GENERAL BRUCE CARLSON

Mr. INHOFE. Mr. President, today I wish to recognize GEN Bruce
Carlson, one of our most distinguished commanders who will retire from
the U.S. Air Force on January 1, 2009, after completing 37 years of
distinguished service to our Nation.
General Carlson currently serves as the Commander of the Air Force
Materiel Command--AFMC--in Wright-Patterson Air Force Base, OH. As
Commander of AFMC, General Carlson manages the command's 77,000 people
in research, development, test, and evaluation while providing the
acquisition management services and logistics support required to
develop, procure, and sustain Air Force weapon systems. His workforce
of active duty, civilian, and contractor personnel are the unsung
heroes, managing an annual budget of over $56 billion, more than 40
percent of the total AF budget, and ensuring our warfighters are
equipped with the best equipment in the world.
General Carlson was born in Hibbing, MN, and began his accomplished
career in 1971 when he graduated as a ``Distinguished Graduate'' from
the Air Force ROTC program at the University of Minnesota, Duluth. From
the day he pinned on his butter bars through his four silver stars, Gen
Bruce Carlson has been a leader and continues to lead and mentor airmen
in the air and on the ground.
After graduating from the University of Minnesota, he went on to
undergraduate pilot training at Vance Air Force Base in Oklahoma--a
base I know well and the finest pilot training base in the U.S. His
first assignment out of pilot training was in the F-4 Phantom II and
then he transitioned into the OV-10 Bronco and A-10 Warthog. During his
career he logged over 3,300 flying hours to include combat time in the
OV-10. His work ethic and unparalleled skill resulted in his posting to
positions of influence in the offices of the Secretary of the Air Force
and Secretary of Defense. His skill as a pilot and a leader led to
various flying assignments, including commanding the 49th Fighter Wing
at Holloman Air Force Base, NM, the Air Force's first stealth fighter
wing.
As with every great officer, his star continued to rise as he met
every promotion with dedication and integrity. Moving on to serve as
the Director of Force Structure, Resources, and Assessment on the Joint
Staff and finally, prior to assuming Command of AFMC, General Carlson
served as the Commander, 8th Air Force, Barksdale Air Force Base,
Louisiana and Joint Functional Component Commander for Space and Global
Strike, U.S. Strategic Command, Offutt AFB, NE.
General Carlson has received several distinguished awards including
the Defense Distinguished Service Medal with oak leaf cluster, Legion
of Merit, Meritorious Service Medal with two oak leaf clusters, Air
Force Commendation Medal with two oak leaf clusters, and the 2007 Order
of the Sword, Air Force Materiel Command. He was also awarded master's
degrees from Webster University in St. Louis, MO, and the Naval War
College in Newport, RI.
In the Chief of Staff's recommendation for the Order of the Sword,
General Schwarz wrote, ``General Carlson culminates a distinguished
career of more than 37 years of Air Force service, with focused
leadership, a selfless commitment to excellence and tireless
dedication. His vision and leadership transformed Air Force Materiel
Command into the preeminent provider of war-winning capabilities . .
.'' I cannot agree more. In an era of persistent conflict and
constrained budgets, General Carson's dedication to making sure the
warfighter has what he needs to fight and win is inspiring.
I offer my sincere thanks and appreciation to Gen Bruce Carlson, his
wife Vicki, and his three children, Bryan, Jani, and Scott. The
strength of our airmen is in their families, and their support allowed
him to dedicate 37 years of leadership and service to the men and women
of the Air Force and our country. I wish him and his family well in all
his future endeavors.

____________________

TRIBUTE TO PABLO RAUL ALARCON

Mr. MENENDEZ. Mr. President, today I honor the life of Pablo
Raul Alarcon. His dedication and achievements in overcoming the tyranny
of the Castro regime to found the largest publicly traded Hispanic-
controlled media company in America stands as a powerful example of the
realization of the American dream. While we mourn the passing of this
broadcasting pioneer, we celebrate his legacy and the profound impact
his life has had on the United States.

[[Page 24206]]

Today, the Spanish Broadcasting System owns and operates 20 radio
stations across the country, including the No. 1 Spanish-language radio
station in America--which I have the privilege of listening to when I
am home in New Jersey. They own a popular television station and
operate a bilingual Web site dedicated to Latino culture and news.
Under the exemplary leadership of Mr. Alarcon's son, Raul Alarcon, Jr.,
SBS continues to be the gold standard in Hispanic-operated
broadcasting.
The Alarcons were born in Cuba, where Pablo Raul Alarcon founded his
first radio station in 1951. He found success creating a network of 14
stations across the country, which were ultimately seized by the Castro
dictatorship. The Alarcons fled to America with few possessions. But
the tyranny of Castro could not crush the spirit of their
entrepreneurship. Mr. Alarcon worked his way up in Spanish language
radio, doing programming, sales, and advertising. In 1983 Mr. Alarcon
and his son, Raul Alarcon, Jr., fulfilled their long-held dream of once
again owning a broadcast station. They purchased a small AM station
licensed in my home State and created the first Spanish language format
to be introduced into the New York/New Jersey market in over 25 years.
Since 1983, the Alarcons have overseen the expansion of SBS to become
one of the premier Hispanic-controlled broadcast companies in America.
Soon after its founding, SBS expanded to Los Angeles and Miami. In
1993, their KLAX-FM station achieved a historic overall No. 1 ranking
in southern California.
As the torch was passed from father to son, SBS continued its rise.
In 1999, SBS completed the second largest IPO in radio history and
continued expanding their network of broadcast stations. That same
year, SBS went online with the purchase of lamusica.com. In 2001, SBS
produced a sell-out Madison Square Garden charity concert to honor the
victims of September 11. In 2006, SBS entered the television
broadcasting business with the creation of the MEGA-TV network.
Raul Alarcon, Jr., is well known for his tremendous successes as the
president and CEO of SBS. He has been recognized as one of the 100 most
influential Hispanics and as one of the 40 most powerful people in
radio. In 1994, Raul Alarcon, Jr., was given the Lifetime Achievement
Award for Business Excellence. In 1995, he received both the Ellis
Island Medal of Honor and the Human Rights Committee Radio
Contributions Award. He has testified before Congress and his position
as an authority in the field of minority media ownership is
unparalleled.
There is no doubt that the Alarcons exhibit the embodiment of the
American dream. When a cruel dictatorship destroyed their life's work,
they came to America and started over by creating a company that
impacts the lives of millions of Americans. So I am pleased to pay
tribute to the Spanish Broadcasting System, to honor the passing of
Pablo Raul Alarcon, and to recognize the tremendous achievement of Raul
Alarcon, Jr., in carrying on his father's legacy.

____________________

RECOGNIZING KATE'S HOMEMADE BUTTER

Ms. SNOWE. Mr. President, today I recognize Kate's Homemade
Butter of Old Orchard Beach, ME, a family-owned company whose attention
to detail and excellence recently earned it the top honors at the World
Dairy Expo, also known as the Academy Awards of the dairy industry.
Kate's Homemade Butter is a dairy farm that is recognized worldwide
for producing slow-churned butter. The recipe for fresh homemade butter
has been passed down for four generations, dating back to the early
1900s. In 1981, Daniel Patry, founder and president of Kate's Homemade
Butter, unleashed his family secret and developed it into an award-
winning, profitable business. In 2005, Daniel's son Lucas joined the
company to continue a family tradition.
The Patry family is committed to maintaining the degree of quality
that originated back in the early 1900s. They have stayed true to their
grandfather, Alphonse Hemond, who passed down the family secrets to his
son, Roland Hemond. Daniel Patry, learned the business from his uncle,
Roland Hemond, making note of textures and tastes, but, most
critically, realizing that the key to award-winning products is time,
patience, and diligence. The Patrys ensure that all their ingredients
come from local farmers so as to maintain the integrity and freshness
of their world-class dairy.
After generations of making the butter for friends and family, Mr.
Patry decided to share this creamy spread with the world. The same
process for making butter that was used in 1900 is still employed
today, further proving Kate's Homemade Butter's commitment to quality
over quantity. In 2006, the Patry family's hard work was rewarded when
Kate's Homemade Butter won the first of its two gold medals from the
World Dairy Expo, beating out thousands of entrants from around the
world!
Winning their first gold medal in 2006 helped put Kate's Homemade
Butter on the map in the eyes of national producers and highly esteemed
culinary circles, including Food & Wine Magazine and Down East
Magazine. In a move rarely seen at the World Dairy Expo, Kate's won
again in 2008, achieving a very improbable score of 98.8 out of a
possible 100. This accomplishment was described as a David versus
Goliath moment by the Professor Emeritus in the Department of Food
Studies at the University of Wisconsin, Dr. Robert Bradley, who is
widely regarded as a pre-eminent industry authority. Dr. Bradley noted,
``Here you have this relatively small producer in Maine, who,
literally, makes his butter just in time to give his customers the
absolute freshest product possible. He comes into the Expo arena this
year, going up against the biggest names in the business--the largest
manufacturers in the entire industry--and walks away with a near-
perfect score. The finished product is his passion.''
So, thank you, Daniel Patry for your passion and commitment to
excellence at Kate's Homemade Butter and congratulations to you and
your family on your award-winning product at the World Dairy
Expo.

____________________

TRIBUTE TO DONALD AND ELEANOR BUNN

Mr. THUNE, Mr. President, today I wish to recognize Donald and
Eleanor Bunn of Colorado Springs, CO. Donald and Eleanor will celebrate
their 50th wedding anniversary this year on December 23.
Donald and Eleanor first met in 1947 while on a double date to a
drive-in movie; however, at the time the two of them were on the date
with other people. Following this meeting, they began dating
sporadically until Don finished his active duty in the Navy. After
Don's service in the Navy, their courtship resumed in full, and Donald
and Eleanor were married on December 23, 1958 at the Virginia Avenue
Baptist Church in Bristol, TN. The service was performed by Reverend
Haynes with Don's father, Silas Clifton Bunn, and Eleanor's sister,
Anne Blevins Helms, as their witnesses. Eventually, Don and Eleanor
made their home in Garden Grove, CA, where they raised their only
daughter, Sharada.
I offer my congratulations to Donald and Eleanor on their 50th
wedding anniversary and wish them many years of continued
happiness.

____________________

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.)

[[Page 24207]]

____________________

MEASURES PLACED ON THE CALENDAR DURING ADJOURNMENT

Under the authority of the order of the Senate of November 17, 2008,
the following bills were read the second time, and placed on the
calendar:

S. 3526. A bill to enhance drug trafficking interdiction by
creating a Federal felony relating to operating or embarking
in a submersible or semi-submersible vessel without
nationality and on an international voyage.
S. 3535. A bill to amend the Internal Revenue Code of 1986
to index certain assets for purposes of determining gain or
loss.
S. 3646. A bill to authorize and expedite lease sales
within the outer Continental Shelf, and for other purposes.
S. 3688. A bill to provide for additional emergency
unemployment compensation, to amend the Emergency Economic
Stabilization Act of 2008 to authorize loans to automobile
manufacturers and component suppliers, and for other
purposes.
S. 3689. A bill making supplemental appropriations for job
creation and preservation, infrastructure investment, and
economic and energy assistance for the fiscal year ending
September 30, 2009, and for other purposes.
H.R. 6842. To restore Second Amendment rights in the
District of Columbia.
H.R. 6867. An act to provide for additional emergency
unemployment compensation.
H.R. 6899. An act to advance the national security
interests of the United States by reducing its dependency on
oil through renewable and clean, alternative fuel
technologies while building a bridge to the future through
expanded access to Federal oil and natural gas resources,
revising the relationship between the oil and gas industry
and the consumers who own those resources and deserve a fair
return from the development of publicly owned oil and gas,
ending tax subsidies for large oil and gas companies, and
facilitating energy efficiencies in the building, housing,
and transportation sectors, and for other purposes.
H.R. 7110. An act making supplemental appropriations for
job creation and preservation, infrastructure investment, and
economic and energy assistance for the fiscal year ending
September 30, 2009, 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-8686. A communication from the Administrator,
Agricultural Marketing Service, Department of Agriculture,
transmitting, pursuant to law, the report of a rule entitled
``Dairy Forward Pricing Program'' (RIN0581-AC86) received in
the Office of the President of the Senate on November 12,
2008; to the Committee on Agriculture, Nutrition, and
Forestry.
EC-8687. A communication from the Congressional Review
Coordinator, Animal and Plant Health Inspection Service,
Department of Agriculture, transmitting, pursuant to law, the
report of a rule entitled ``Addition of Russia and Azerbaijan
to the List of Regions Where African Swine Fever Exists''
(Docket No. APHIS-2008-0107) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Agriculture, Nutrition, and Forestry.
EC-8688. A communication from the Administrator, Livestock
and Seed Program, Department of Agriculture, transmitting,
pursuant to law, the report of a rule entitled ``Beef
Promotion and Research; Reapportionment'' (Doc. No. LS-07-
0141) received in the Office of the President of the Senate
on November 12, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-8689. A communication from the Assistant Director of the
Directives and Regulations Branch, Forest Service, Department
of Agriculture transmitting, pursuant to law, the report of a
rule entitled ``Clarification for the Appropriate Use of a
Criminal or a Civil Citation to Enforce Mineral Regulations''
(RIN0596-AC38) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Agriculture,
Nutrition, and Forestry.
EC-8690. A communication from the Secretary of the Federal
Trade Commission, transmitting, pursuant to law, a report
entitled ``Report to Congress: Regarding the Accuracy of the
Do Not Call Registry''; to the Committee on Commerce,
Science, and Transportation.
EC-8691. A communication from the Deputy Chief Counsel for
Regulations, Transportation Security Administration,
Department of Homeland Security, transmitting, pursuant to
law, the report of a rule entitled ``Rail Transportation
Security'' (RIN1652-AA51) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-8692. A communication from the Trial Attorney, Federal
Railroad Administration, Department of Transportation,
transmitting, pursuant to law, the report of a rule entitled
``Electronically Controlled Pneumatic Brake Systems''
(RIN2130-AB84) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Commerce,
Science, and Transportation.
EC-8693. A communication from the Staff Assistant, National
Highway Traffic Safety Administration, Department of
Transportation, transmitting, pursuant to law, the report of
a rule entitled ``Federal Motor Vehicle Safety Standards;
Seating Systems, Occupant Crash Protection, Seat Belt
Assembly Anchorages, School Bus Passenger Seating and Crash
Protection'' (RIN2127-AK09) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-8694. A communication from the Acting Assistant
Administrator for Fisheries, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Taking of Marine Mammals
Incidental to Commercial Fishing Operations; Atlantic Large
Whale Take Reduction Plan'' (RIN0648-XF96) received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-8695. A communication from the Deputy Assistant
Administrator for Operations, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Taking of Marine Mammals
Incidental to Commercial Fishing Operations; Atlantic Large
Whale Take Reduction Plan'' (RIN0648-XF27) received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-8696. A communication from the Deputy Assistant
Administrator for Operations, National Marine Fisheries
Service, Department of Commerce, transmitting, pursuant to
law, the report of a rule entitled ``Taking of Marine Mammals
Incidental to Commercial Fishing Operations; Atlantic Large
Whale Take Reduction Plan'' (RIN0648-XG33) received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Commerce, Science, and Transportation.
EC-8697. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Taking of
Marine Mammals Incidental to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction Plan'' (RIN0648-XF58)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-8698. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Taking of
Marine Mammals Incidental to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction Plan'' (RIN0648-XF17)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-8699. A communication from the Deputy Assistant
Administrator for Regulatory Programs, National Marine
Fisheries Service, Department of Commerce, transmitting,
pursuant to law, the report of a rule entitled ``Sea Turtle
Conservation; Shrimp Trawling Requirements'' (RIN0648-XK78)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Commerce, Science, and
Transportation.
EC-8700. A communication from the Director of the Office of
Sustainable Fisheries, National Marine Fisheries Service,
Department of Commerce, transmitting, pursuant to law, the
report of a rule entitled ``Fisheries of the Exclusive
Economic Zone Off Alaska; Pollock in Statistical Area 630 in
the Gulf of Alaska'' (RIN0648-XL22) received in the Office of
the President of the Senate on November 17, 2008; to the
Committee on Commerce, Science, and Transportation.
EC-8701. A communication from the Attorney of the Office of
Assistant General Counsel for Legislation and Regulatory Law,
Office of the Chief Financial Officer, Department of Energy,
transmitting, pursuant to law, the report of a rule entitled
``Advanced Technology Vehicles Manufacturing Incentive
Program'' (RIN1901-AB25) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Energy and Natural Resources.
EC-8702. A communication from the Director, Office of
Surface Mining Reclamation and Enforcement, Department of the
Interior, transmitting, pursuant to law, the report of a rule
entitled ``New Mexico Regulatory Program'' (SATS No. NM-047-
FOR) received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Energy and Natural
Resources.
EC-8703. A communication from the Director, Office of
Surface Mining Reclamation and Enforcement, Department of the
Interior, transmitting, pursuant to law, the report of a rule
entitled ``Abandoned Mine Land Program'' (RIN1029-AC56)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Energy and Natural
Resources.
EC-8704. A communication from the Assistant Secretary for
Fish and Wildlife and

[[Page 24208]]

Parks, National Park Service, Department of the Interior,
transmitting, pursuant to law, the report of a rule entitled
``Special Regulation: Areas of the National Park System,
National Capital Region'' (RIN1024-AD71) received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Energy and Natural Resources.
EC-8705. A communication from the Assistant Secretary for
Fish and Wildlife and Parks, National Park Service,
Department of the Interior, transmitting, pursuant to law,
the report of a rule entitled ``National Park System Units in
Alaska'' (RIN1024-AD69) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Energy and Natural Resources.
EC-8706. A communication from the Assistant Secretary of
Land and Minerals Management, Minerals Management Service,
Department of the Interior, transmitting, pursuant to law,
the report of a rule entitled ``Royalty Relief - Ultra-Deep
Gas Wells and Deep Gas Wells on Leases in the Gulf of Mexico;
Extension of Royalty Relief Provisions to Leases Offshore of
Alaska'' (RIN1010-AD33) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Energy and Natural Resources.
EC-8707. A communication from the Acting Division Chief of
Regulatory Affairs, Bureau of Land Management, Department of
the Interior, transmitting, pursuant to law, the report of a
rule entitled ``Oil Shale Management - General'' (RIN1004-
AD90) received in the Office of the President of the Senate
on November 17, 2008; to the Committee on Energy and Natural
Resources.
EC-8708. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Avermectin; Pesticide Tolerances for Emergency Exemptions''
((EPA-HQ-OPP-2008-0175)(FRL-8387-8)) received in the Office
of the President of the Senate on November 12, 2008; to the
Committee on Environment and Public Works.
EC-8709. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Inert Ingredient: Exemption from the Requirement of a
Tolerance for (S,S)-Ethylenediaminedisuccinic Acid'' ((EPA-
HQ-OPP-2008-0250)(FRL-8362-4)) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Environment and Public Works.
EC-8710. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``MCPB; Pesticide Tolerances'' ((EPA-HQ-OPP-2007-0945)(FRL-
8387-1)) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Environment
and Public Works.
EC-8711. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Stay of Effectiveness of Control Measure Regulating Dust
Emissions at the Four Corners Power Plant; Navajo Nation''
((EPA-R09-OAR-2006-0184)(FRL-8739-7)) received in the Office
of the President of the Senate on November 12, 2008; to the
Committee on Environment and Public Works.
EC-8712. A communication from the Director, Regulatory
Management Division, Environmental Protection Agency,
transmitting, pursuant to law, the report of a rule entitled
``Tetraconazole; Pesticide Tolerances'' ((EPA-HQ-OPP-2007-
1161)(FRL-8386-7)) received in the Office of the President of
the Senate on November 12, 2008; to the Committee on
Environment and Public Works.
EC-8713. A communication from the Secretary of Health and
Human Services and the Attorney General, transmitting,
pursuant to law, an annual report relative to the Health Care
Fraud and Abuse Control Program for fiscal year 2007; to the
Committee on Finance.
EC-8714. A communication from the Deputy Director, Office
of Regulations, Social Security Administration, transmitting,
pursuant to law, the report of a rule entitled ``Technical
Revisions to Overpayment Rules'' (RIN0960-AG02) received in
the Office of the President of the Senate on November 12,
2008; to the Committee on Finance.
EC-8715. A communication from the Regulation Coordinator,
Centers for Medicare and Medicaid Services, Department of
Health and Human Services, transmitting, pursuant to law, the
report of a rule entitled ``Medicare Program; Revisions to
the Medicare Advantage and Prescription Drug Benefit
Programs: Clarification of Compensation Plans'' (RIN0938-
AP52) received in the Office of the President of the Senate
on November 12, 2008; to the Committee on Finance.
EC-8716. A communication from the Program Manager of the
Office of Strategic Operations and Regulatory Affairs,
Centers for Medicare and Medicaid Services, Department of
Health and Human Services, transmitting, pursuant to law, the
report of a rule entitled ``Medicaid Program; Clarification
of Outpatient Hospital Facility (Including Outpatient
Hospital Clinic) Services Definition'' (RIN0938-AO17)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Finance.
EC-8717. 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 ``Information Reporting on Employer-Owned
Life Insurance Contracts'' (RIN1545-BG58) received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Finance.
EC-8718. 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 ``Election to Expense Certain Refineries''
(RIN1545-BF06) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Finance.
EC-8719. 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 ``2008 Base Period T-Bill Rate'' (Rev. Rul.
2008-51) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Finance.
EC-8720. 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 ``Toll-Free
Number for Reporting Adverse Events on Labeling for Human
Drug Products'' (RIN0910-AC35) received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Health, Education, Labor, and Pensions.
EC-8721. A communication from the Secretary of
Transportation, transmitting, pursuant to law, the
Department's Performance and Accountability Report for fiscal
year 2008; to the Committee on Homeland Security and
Governmental Affairs.
EC-8722. A communication from the President, Overseas
Private Investment Corporation, transmitting, pursuant to
law, an annual report relative to the Corporation's audit and
investigative activities; to the Committee on Homeland
Security and Governmental Affairs.
EC-8723. A communication from the Administrator,
Environmental Protection Agency, transmitting, pursuant to
law, the Inspector General's Semiannual Report for the six-
month period ending September 30, 2008 and the Office of
Inspector General's compendium of unimplemented
recommendations; to the Committee on Homeland Security and
Governmental Affairs.
EC-8724. A communication from the Chief of the Trade and
Commercial Regulations Branch, Customs and Border Protection,
Department of Homeland Security, transmitting, pursuant to
law, the report of a rule entitled ``Advance Information on
Private Aircraft Arriving and Departing the United States''
(RIN1651-AA41) received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Homeland
Security and Governmental Affairs.
EC-8725. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-536, ``Firearms Control Temporary Amendment
Act of 2008'' received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Homeland
Security and Governmental Affairs.
EC-8726. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-537, ``Chief Financial Officer Approval of
Payment of Goods and Services Temporary Amendment Act of
2008'' received in the Office of the President of the Senate
on November 12, 2008; to the Committee on Homeland Security
and Governmental Affairs.
EC-8727. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-538, ``Franklin Shelter Closing Requirements
Temporary Act of 2008'' received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Homeland Security and Governmental Affairs.
EC-8728. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-550, ``Public Space Rental Fees Amendment Act
of 2008'' received in the Office of the President of the
Senate on November 12, 2008; to the Committee on Homeland
Security and Governmental Affairs.
EC-8729. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-551, ``Workforce Housing Production Program
Amendment Act of 2008'' received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Homeland Security and Governmental Affairs.
EC-8730. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-552, ``District's Opportunity to Purchase
Amendment Act of 2008'' received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Homeland Security and Governmental Affairs.

[[Page 24209]]

EC-8731. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-553, ``Consolidated Mt. Pleasant, Ward 2, and
Ward 6 Single Sales Moratorium Act of 2008'' received in the
Office of the President of the Senate on November 12, 2008;
to the Committee on Homeland Security and Governmental
Affairs.
EC-8732. A communication from the Chairman, Council of the
District of Columbia, transmitting, pursuant to law, a report
on D.C. Act 17-554, ``Targeted Ward 4 Single Sales Moratorium
Temporary Act of 2008'' received in the Office of the
President of the Senate on November 12, 2008; to the
Committee on Homeland Security and Governmental Affairs.
EC-8733. A communication from the Regulatory and Policy
Specialist, Bureau of Indian Affairs, Department of the
Interior, transmitting, pursuant to law, the report of a rule
entitled ``Indian Trust Management Reform'' (RIN1076-AE59)
received in the Office of the President of the Senate on
November 12, 2008; to the Committee on Indian Affairs.
EC-8734. A communication from the Secretary of the Federal
Trade Commission, transmitting, pursuant to law, a report
entitled ``Hart-Scott-Rodino Annual Report Fiscal Year
2007''; to the Committee on the Judiciary.
EC-8735. A communication from the Staff Director, U.S.
Sentencing Commission, transmitting, pursuant to law, a
report relative to the compliance of federal district courts
with documentation submission requirements; 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-448. A joint resolution adopted by the Alaska State
Legislature relative to security and defense matters; to the
Committee on Armed Services.

House Joint Resolution No. 40 am

Whereas the Constitution of the United States imposes on
the national government a duty to provide for the common
defense, and the states and the national government work
together toward the security of each state; and
Whereas the Congressionally mandated Commission to Assess
the Threat to the United States from Electromagnetic Pulse
Attack found, in its report delivered July 2004, that an
enemy using a low-yield nuclear weapon detonated at a high
altitude above the United States, delivered by even a
relatively unsophisticated short-range or medium-range
ballistic missile, could make an electromagnetic pulse attack
against the United States, and that an electromagnetic pulse
attack has the potential to place our society at risk and to
defeat our military forces; and
Whereas the Alaska State Legislature views with growing
concern the development of nuclear weapons technology
worldwide and the proliferation of ballistic missile delivery
systems that are controlled by unstable and potentially
hostile foreign regimes; and
Whereas the threat from nuclear-armed ballistic missile
attack has been reduced but not eliminated by the initial
limited deployments of ground-based interceptors in Alaska
and California; and
Whereas the Cold War doctrine of mutually assured
destruction no longer represents a plausible security
strategy because of the proliferation of ballistic missiles
around the world; and
Whereas the testing of ballistic missiles launched from
ships by enemies of the United States could indicate the
intention of those enemies to use a platform off the coast of
Alaska to employ short-range or medium-range missiles for a
nuclear-generated electromagnetic pulse attack on American
citizens; and
Whereas, in 1997, the Alaska State Legislature was the
first of many state legislatures to petition the federal
government to develop and deploy a robust and layered missile
defense system that includes the most effective combination
of land-based, sea-based, air-based, and space-based
architectures;
Be it Resolved, That the Alaska State Legislature urges the
United States to work with the State of Alaska to ensure that
the state is prepared to respond to and recover from an
electromagnetic pulse attack; and be it further
Resolved, That the Alaska State Legislature urges the
United States to expand its ballistic missile defense system,
and also to develop other methods, to defend against
electromagnetic pulse attacks delivered by ballistic
missiles, including missiles launched at American cities from
ships off the coast of Alaska; and be it further
Resolved, That it is the policy of the state to include in
its preparedness planning defense against electromagnetic
pulse attacks, as those attacks intersect with the full range
of risks, threats, and hazards confronting the state; and be
it further
Resolved, That it is the policy of the state to educate
Alaskans about the threat of electromagnetic pulse attacks
causing massive losses of electric power and disruption to
telecommunications and other vital services, including
health, public safety, food, and transportation services that
depend on reliable electric power; and be it further
Resolved, That the Alaska State Legislature encourages
municipalities and private industry in the state to examine
critical vulnerabilities in their infrastructures and to
prepare for massive disruptions that could be caused by
electromagnetic pulse attacks.
Copies of this resolution shall be sent to the Honorable
George W. Bush, President of the United States; the Honorable
Richard B. Cheney, Vice-President of the United States and
President of the U.S. Senate; the Honorable Harry Reid,
Majority Leader of the U.S. Senate; the Honorable Mitch
McConnell, Minority Leader of the U.S. Senate; the Honorable
Nancy Pelosi, Speaker of the U.S. House of Representatives;
the Honorable Steny H. Hoyer, Majority Leader of the U.S.
House of Representatives; the Honorable John Boehner,
Minority Leader of the U.S. House of Representatives; the
Honorable Robert M. Gates, United States Secretary of
Defense; the Honorable Samuel W. Bodman, United States
Secretary of Energy; the Honorable Michael O. Leavitt, United
States Secretary of Health and Human Services; the Honorable
Michael Chertoff, United States Secretary of Homeland
Security; the Honorable Condoleezza Rice, United States
Secretary of State; the Honorable Mary E. Peters, United
States Secretary of Transportation; the Honorable Henry M.
Paulson, Jr., United States Secretary of the Treasury; the
Honorable Robert S. Mueller, Director of the Federal Bureau
of Investigation; the Honorable Mike Mullen, Chair of the
Joint Chiefs of Staff, the Honorable Mike McConnell, Director
of National Intelligence; and the Honorable Ted Stevens and
the Honorable Lisa Murkowski, U.S. Senators, and the
Honorable Don Young, U.S. Representative, members of the
Alaska delegation in Congress.
____

POM-449. A resolution adopted by the House of
Representatives of the State of Pennsylvania memorializing
the Congress of the United States to urge the Comptroller of
the Currency for the United States Treasury to add the
Pittsburgh Metropolitan Statistical Area as a new Community
Reinvestment Act assessment area for Bank of America; to the
Committee on Banking, Housing, and Urban Affairs.

House Resolution No. 789

Whereas, Congress passed the Community Reinvestment Act
(CRA) in 1977, which states that ``regulated financial
institutions have continuing and affirmative obligations to
help meet the credit needs of the local communities in which
they are chartered''; and
Whereas, the original act established a regulatory
mechanism for monitoring the level of lending, investments
and services in low-income and moderate-income neighborhoods,
traditionally underserved by lending institutions; and
Whereas, in the spring of 1995, the Federal regulatory
agencies released new CRA regulations that outlined how
Federal agencies are to assess the activities of lending
institutions in traditionally underserved neighborhoods; and
Whereas, the regulations, which became effective in January
1996, established three different tests for lending
institutions, involving the lending, investment and service
records of banks and provided a strategic plan option in lieu
of a regulator evaluation; and
Whereas, examiners rate lending institutions as either
``outstanding,'' ``satisfactory,'' ``needs to improve'' or
``substantial noncompliance''; and
Whereas, scores falling within the categories of ``needs to
improve'' or ``substantial noncompliance'' can result in
delays or denials of mergers, acquisitions or expansion of
services; and
Whereas, Countrywide Home Loans currently issues the most
single-family home loans in the Pittsburgh Metropolitan
Statistical area at 4,763 loans and maintains 8.98% of the
market share; and
Whereas, Bank of America is ranked tenth in the number of
single-family home loans issued in the Pittsburgh
Metropolitan Statistical Area at 888 loans, or 1.67% of the
market share; and
Whereas, the total market share of home loans in the
Pittsburgh Metropolitan Statistical Area is likely to be
11.38% after the merger of Countrywide Home Loans and Bank of
America; and
Whereas, the most recent examination under the Community
Reinvestment Act did not include the Commonwealth of
Pennsylvania or the Pittsburgh region as an official
assessment area for Bank of America; and
Whereas, an analysis of fair lending practices conducted by
the National Community Reinvestment Coalition (NCRC)
reflected that Countrywide Home Loans provided African
Americans with only 2.3% of total prime loans issued,
although they represented 7.4% of all households in the
Pittsburgh Metropolitan Statistical Area and lagged behind
all lenders as a group; and
Whereas, the analysis further reflected that Countrywide
Home Loans lagged behind

[[Page 24210]]

all lenders in the Pittsburgh region in the proportion of
both prime and subprime loans to residents of low-income and
moderate-income tracts, and borrowers in minority tracts
received a disproportionately small share of prime loans at
0.99%; and
Whereas, Bank of America also provided African Americans
with a disproportionately small share of prime loans issued,
1.65%, as compared to representing 7.4% of Pittsburgh's
population; and
Whereas, the NCRC's analysis further reflected that while
low-income and moderate-income borrowers comprised 40.4% of
the households in the Pittsburgh Metropolitan Statistical
Area in 2006, they received a disproportionately small number
of the bank's prime loans, 30.6%, and a larger share of
subprime loans, 72.2%; and
Whereas, a merger of these institutions would make Bank of
America the largest lender in the Pittsburgh Metropolitan
Statistical Area; and
Whereas, without oversight under the Community Reinvestment
Act, the credit needs of the local community could be
disproportionately affected and impact the level of lending,
investments and services in Pittsburgh's underserved
populations; therefore be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania memorialize the Congress of the
United States to urge the Comptroller of the Currency for the
United States Treasury to add the Pittsburgh Metropolitan
Statistical Area as a new Community Reinvestment Act
assessment area for Bank of America; and be it further
Resolved, That a copy of this resolution be transmitted to
the Pittsburgh Community Reinvestment Group in appreciation
and recognition of its efforts in providing economic justice,
equitable investment practices and sufficient financial
resources to revitalize communities throughout Allegheny
County; and be it further
Resolved, That copies of this resolution be transmitted to
the Comptroller of the Currency for the United States
Treasury and the presiding officers of each house of Congress
and to each member of Congress from Pennsylvania.
____

POM-450. A resolution adopted by the Senate of the State of
Michigan memorializing the United States Congress and the
President of the United States to support additional funding
to expand Amtrak's capacity and routes in Michigan; to the
Committee on Commerce, Science, and Transportation.

Senate Resolution No. 200

Whereas, ridership has increased 47 percent on all three
Michigan Amtrak routes in the last six years. The Wolverine
route, from Pontiac through Detroit to Chicago, increased its
passenger load 2.5 percent in 2007 alone. The state-supported
Blue Water route between Port Huron and Chicago saw increased
ridership of 3 percent in 2007. Ridership on the state-
supported Pere Marquette route between Grand Rapids and
Chicago increased 2.8 percent. All three corridors
experienced sold-out trains in 2007, some on a regular basis,
which may have limited their true earning potential. The
trains contributed $500,000 of unanticipated ticket income to
the state of Michigan; and
Whereas, the trend of increasing passenger numbers
continues in 2008. Over the first ten months of the fiscal
year, Pere Marquette ridership is up 9.8 percent and Blue
Water ridership has increased 6.5 percent. Revenues have
grown as well, from 4.5 to 9.2 percent. These trends over the
last six years suggest continued record numbers of passengers
but less than potential revenue because of limited capacity,
as witnessed by frequent sold-out conditions; and
Whereas, Amtrak employs 114 Michigan residents and pays
over $6.6 million annually in salaries and wages. Amtrak
contracts with Michigan businesses for more than $5.7 million
in goods and services.
Whereas, Michigan residents continue to face increasing
fuel prices, traffic congestion, and limited access to public
transportation. We believe the time has come to generate
additional economic growth and public transportation
alternatives for Michigan and its residents by increasing
passenger rail capacity and service; Now, therefore, be it
Resolved by the Senate, That we memorialize Congress and
the President to support additional funding for passenger
rail cars on Michigan's three train routes, to consider
increasing capacity and routes in Michigan, and to consider
the restoration of a second, mid-day passenger train from
Chicago to Grand Rapids; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States, the President of the
United States Senate, the Speaker of the United States House
of Representatives, the members of the Michigan congressional
delegation, the Governor of Michigan, the Surface
Transportation Board, the United States Department of
Transportation, the Michigan Department of Transportation,
and Amtrak.
____

POM-451. A resolution adopted by the General Court of the
Commonwealth of Massachusetts relative to recommendations
resulting from the New Bedford Fisheries Summit; to the
Committee on Commerce, Science, and Transportation.

Resolution

Whereas, on May 28, 2008, a fisheries summit was convened
in New Bedford with the purpose of sharing concerns regarding
the conservation of stocks and maintenance and survival of
fishing communities with our congressional delegation; and
Whereas, as a result of this summit, a set of
recommendations was compiled to be forwarded to our
congressional delegation regarding the regulations of the
fishing industry; and
Whereas, the recommendations were as follows:
A) There should be a one-year delay in implementation of
Amendment 16 to the Northeast Multispecies Fishery Management
Plan to properly align the amendment with the 2010 deadlines
set forth in the Magnuson Stevens Reauthorization Act and
until better scientific data is available; and
B) The costs and benefits of management should be evaluated
taking into account the failure to maintain optimum yield and
discards; and
C) The National Oceanic and Atmospheric Administration
approach to management needs to be revised, considering and
taking into account the advice from the fishing industry
while maintaining the conservation of stocks; and
Whereas, under the leadership of our New England coastal
congressional members, these recommendations are being
advocated for; therefore be it
Resolved, That the Massachusetts General Court respectfully
urges the members of the Massachusetts congressional
delegation and the leaders of the Congress of the United
States to advocate for the recommendations set forth
regarding the regulations of the fishing industry; and be it
further
Resolved, That a copy of these resolutions be forwarded by
the clerk of the House of Representatives to the Majority
Leader of the United States Senate, the Speaker of the United
States House of Representatives and the members of the
Massachusetts congressional delegation.
____

POM-452. A resolution adopted by the House of
Representatives of the State of Pennsylvania memorializing
the Congress of the United States to oppose the New York/New
Jersey/Pennsylvania metropolitan airspace redesign proposals;
to the Committee on Commerce, Science, and Transportation.

House Resolution No. 673

Whereas, the basic air traffic structure of the New York/
New Jersey/Philadelphia metropolitan area airspace was
designed and implemented in the 1960s and was last modified
in 1987 with the Expanded East Coast Plan (EECP); and
Whereas, the EECP proved inadequate in addressing the
changes in volume and type of aircraft used by the National
Airspace System and also caused major noise problems that
resulted in a congressional mandate in the Aviation Safety
and Capacity Expansion Act of 1990, requiring the Federal
Aviation Administration (FAA) to perform an environmental
impact study of the EECP and mitigate the noise; and
Whereas, in the 1995 final environmental impact study, the
FAA committed to mitigate noise in a follow-up regional
study; and
Whereas, in 2001, the FAA determined that aircraft noise
pollution was the strongest and most widespread concern
raised by the public, however, the FAA failed to include the
reduction of aircraft noise as a formal goal of its regional
redesign project; and
Whereas, on December 20, 2005, the FAA issued a draft
environmental impact statement containing several proposals
to redesign the New York/New Jersey/Philadelphia metropolitan
airspace; and
Whereas, the airspace redesign involves a 31,000 square
mile, five-state area with a population of 29 million
residents and 21 airports, with particular focus placed on
air traffic operations at five major airports, including the
Philadelphia International Airport in the Commonwealth of
Pennsylvania; and
Whereas, the FAA began implementation of the airspace
redesign in December 2007; and
Whereas, the FAA did not conduct proper environmental
reviews or seek proper input from the public and air traffic
controllers at Philadelphia International Airport; and
Whereas, the FAA has shunned additional public hearing
requests made by Federal and State legislators representing
affected areas; and
Whereas, since southeastern Pennsylvania does not have a
regional airport authority, it lacks the ability to
coordinate airport planning and operations, ensuring underuse
of regional airports and the overuse of the Philadelphia
International Airport; and
Whereas, the Commonwealth should not appropriate State
money for improvements to the infrastructure of the
Philadelphia International Airport until such time as the FAA
fully addresses the safety and environmental impact of the
airspace redesign plan and offers a modified plan that
incorporates the use of regional airports; and
Whereas, the New Jersey Coalition Against Aircraft Noise
and the Citizens Coalition Against Noise Pollution oppose
these proposals, arguing that the interests of the citizens
of affected areas have not been considered and that the
proposals no longer promote aircraft noise reduction; and

[[Page 24211]]

Whereas, it is in the best interest of the Commonwealth of
Pennsylvania to oppose the FAA's proposal to redesign the New
York/New Jersey/Philadelphia metropolitan airspace; therefore
be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania call upon the Congress of the
United States to immediately suspend the FAA's implementation
of the New York/New Jersey/Philadelphia metropolitan airspace
redesign and hold additional hearings seeking the input of
elected officials and concerned citizens; and be it further
Resolved, That a copy of this resolution be transmitted to
the Administrator of the Federal Aviation Administration and
each member of the Pennsylvania Congressional Delegation now
serving in the United States Senate and House of
Representatives.
____

POM-453. A resolution adopted by the House of
Representatives of the State of Pennsylvania relative to the
Susquehanna Flood Forecasting and Warning System; to the
Committee on Commerce, Science, and Transportation.

House Resolution No. 929

Whereas, the United States Army Corps of Engineers has
fiscal year 2009-2010 operation and maintenance funding for
six or seven stream gauges between the New York border and
Harrisburg, Pennsylvania, that are a part of the Cooperative
Streamgauging Network in the Susquehanna River Basin,
necessitating stopgap measures to allow the United States
Geological Survey to continue ongoing operation and
maintenance of the gauges; and
Whereas, Congress has reduced the appropriation and not
made available the entire $2 million necessary for the
Susquehanna Flood Forecasting and Warning System, which
includes the operation and maintenance of the stream gauges;
and
Whereas, the real time data provided by the stream gauges
is of critical importance to water managers and others for a
host of water management programs such as flood forecasting
and warning, drought monitoring, water quality monitoring,
regulatory purposes and recreational uses; and
Whereas, the Susquehanna River Basin is one of the most
flood-prone watersheds in the United States, with average
annual flood damages of nearly $150 million; and
Whereas, real time data are of particular importance for
timely and accurate flood forecasts and warning activities in
the Susquehanna River Basin, where the Susquehanna Flood
Forecasting and Warning System has helped to prevent injury
and loss of life, to reduce flood damages by tens of millions
of dollars and to deliver a benefit-to-cost ratio of 20:1;
and
Whereas, these water resource management programs are
inextricably linked to the public health, safety and welfare
of the citizens of the Susquehanna River Basin; and
Whereas, given the above considerations, there is a long-
term, ongoing need for the operation and maintenance of
stream gauges for these various purposes and for sustainable
sources of funding to allow that need to be met in the
future; and
Whereas, in the interest of avoiding duplication of effort,
maximizing available resources and promoting good government,
the Susquehanna River Basin Commission plays an important
coordinative role with Federal and State agencies through the
Susquehanna Flood Forecasting and Warning System and also
provides important technical assistance and public
information services to the system; therefore be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania urge the Congress of the United
States to restore full funding for fiscal year 2009-2010 and
provide sufficient funding in the Federal fiscal year 2010-
2011 budget and beyond for the National Oceanic and
Atmospheric Administration to fully fund at $2 million the
Susquehanna Flood Forecasting and Warning System to enable
timely and accurate flood forecasts and warnings to be issued
by the National Weather Service for the Susquehanna River
Basin; and be it further
Resolved, That the administrator of National Oceanic and
Atmospheric Administration be urged to discontinue
withholding funds that are used for administrative purposes,
are critically needed for program implementation and are
appropriated for the Susquehanna Flood Forecasting Warning
System; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States; the Director of the
Office of Management and Budget; to the presiding officers of
each house of Congress and to each member of the Congress
from Pennsylvania; the administrators of the National Oceanic
and Atmospheric Administration, to the United States
Geological Survey; the Assistant Secretary of the Army for
Civil Works; the Commander, United States Army Corps of
Engineers North Atlantic Division; the District Engineer,
United States Army Corps of Engineers Baltimore District; the
Secretary of Environmental Protection, the Secretary of
Conservation and Natural Resources and the Secretary of
Community and Economic Development of Pennsylvania; the
Executive Director of the Pennsylvania Emergency Management
Agency; the directors of all county emergency management
agencies in the Pennsylvania portion of the Susquehanna River
Basin; and the Executive Director of the Susquehanna River
Basin Commission.
____

POM-454. A resolution adopted by the Senate of the State of
Pennsylvania relative to the natural gas market and energy
policy; to the Committee on Energy and Natural Resources.

Senate Resolution No. 375

Whereas, the Natural Gas Policy Act (NGPA) of 1978
authorizes the Federal Energy Regulatory Commission (FERC) to
oversee the natural gas market; and
Whereas, the United States Supreme Court has ruled that
state regulatory agencies, such as the Pennsylvania Public
Utility Commission, have no authority over interstate gas
pipelines; and
Whereas, the NGPA also continues the authority of natural
gas companies to acquire private and public property through
eminent domain; and
Whereas, these various Federal public policy decisions and
rulings have resulted in a proliferation of interstate
natural gas pipelines over which state and local governments
have no authority; and
Whereas, the FERC natural gas certification process does
not properly protect the Commonwealth of Pennsylvania's
natural resources; and
Whereas, the FERC natural gas certification process also
fails to properly take into account the interests and values
of property owners; and
Whereas, some property owners state that they were not
properly notified of a project in their neighborhood, and the
Natural Gas Act of 1938 does not statutorily require that
FERC hold a public hearing in the locality affected by a
proposed gas pipeline; therefore be it
Resolved, That the Senate of Pennsylvania recognize fully
the energy and environmental challenges facing the
Commonwealth of Pennsylvania in general and the United States
in particular; and be it further
Resolved, That the Senate believe that the demand for
energy continues to be a concern nationwide and that an
effective national energy policy must include increased
emphasis on conservation, renewable energy, demand-side
management, as well as increased production, and an emphasis
on siting power generation near demand; and be it further
Resolved, That the Senate recognize that an effective
energy policy must be addressed nationally but should reflect
traditional State and local authority over environmental and
energy matters; and be it further
Resolved, That the Senate urge the members of the
Pennsylvania Congressional Delegation to support legislation
to amend section 7(e) of the Natural Gas Act of 1938 to
require that the Federal Energy Regulatory Commission hold a
public hearing in localities prior to authorization if so
requested; and be it further
Resolved, That the Senate urge the members of the
Pennsylvania Congressional Delegation to further amend the
Natural Gas Act of 1938 so as to preserve the fundamental
rights of the Commonwealth of Pennsylvania and its local
governments and its citizens to determine the future of land-
use polices; and be it further
Resolved, That copies of this resolution be transmitted to
the presiding officers of each house of Congress and to each
member of Congress from Pennsylvania.
____

POM-455. A resolution adopted by the House of
Representatives of the State of Pennsylvania urging the
Congress of the United States relative to gas and energy
prices; to the Committee on Energy and Natural Resources.

House Resolution No. 546

Whereas, coal, oil and natural gas currently provide more
than 85% of all the energy consumed in the United States,
which accounts for nearly two-thirds of our electricity
consumption and virtually all of our transportation fuels;
and
Whereas, even with aggressive development and deployment of
new renewable and nuclear technologies, it is likely that
this nation's burgeoning and debilitating dependence on
foreign oil will surely increase over at least the next two
decades; and
Whereas, with continued strife in the Middle East and
unrest in other oil-producing regions, the price and supply
of gas and energy have grown increasingly unstable in today's
complex, globalized economy; and
Whereas, the Department of Energy forecasts a sharp and
definite spike in gas and energy prices over the winter
months, further crippling consumers of this nation,
especially those living in the northeast; and
Whereas, more than 50% of this Commonwealth's citizens and
58% of this nation's households utilize natural gas, forcing
families with low income to spend 10% of their annual incomes
on energy costs; and
Whereas, America's economic viability, national security
and citizens' welfare depend on the continued availability of
reliable and affordable fossil fuels; and
Whereas, the economic duress of this nation is further
exacerbated by increasing energy prices, thus depressing
consumer spending, which accounts for two-thirds of economic
activity in the United States; and

[[Page 24212]]

Whereas, the lack of oversight and inquiry by Congress into
the energy policy of this nation resulted in the five largest
United States refineries earning $228 billion in profits from
2001 to 2005; and
Whereas, these unscrupulous and inordinate profits were
procured on the backs of hard-working Americans who struggle
just to fill their gas tanks and heat their homes; therefore
be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania urge the Congress of the United
States to exercise due diligence on behalf of the citizens of
this Commonwealth and of this nation by implementing
oversight, inquiry and investigation into gas and energy
prices to ensure that these exceedingly high prices are both
necessary and ethically ascertained.
____

POM-456. A joint resolution adopted by the Alaska State
Legislature relative to revenue generated from oil and gas
development on the outer continental shelf; to the Committee
on Energy and Natural Resources.

Senate Joint Resolution No. 17

Whereas, under the Mineral Lands Leasing Act of 1920, the
federal government shares with the states 50 percent of
revenue from mineral production on federal land within each
state's boundaries; and
Whereas, the shared mineral production revenue is
distributed to the states automatically, outside of the
budget process, and is not subject to appropriation; and.
Whereas, there is not a similar authority for the federal
government to share federal oil and gas revenue generated on
the outer continental shelf with adjacent coastal states,
despite the vital contribution made by those states to our
nation's energy, economic, and national security needs in
support of production from the outer continental shelf; and
Whereas, the states that sustain this critical energy
production and development deserve a share of the revenue
generated because they provide infrastructure to support
offshore operations and because of the environmental effects
and other risks associated with oil and gas development on
the outer continental shelf; and
Whereas, under the Gulf of Mexico Energy Security Act of
2006, the federal government recognized the contributions
made by Alabama, Louisiana, Mississippi, and Texas to
national security and agreed to give them 37.5 percent of
revenue from oil and gas development in newly leased federal
waters in the Gulf of Mexico; and
Whereas, other coastal states, including Alaska and
California, also support and should receive, on a regular and
ongoing basis, a fair share of revenue generated through
development on the outer continental shelf as compensation
and reward for their contributions to the nation's energy
supply, security, and economy; and
Whereas, there are presently 263 active oil and gas leases
off Alaska's coast, covering more than 550,000 hectares; and
Whereas, since statehood, oil and gas production from the
outer continental shelf off Alaska's coast has generated
millions of dollars in revenue for the federal government;
and
Whereas, the February 2008 lease sale in the Chukchi Sea
generated an additional $2,600,000,000 in revenue for the
federal government;
Be it Resolved, that the Alaska State Legislature urges the
United States Congress to provide a means for consistently
sharing, on an ongoing basis, revenue generated from oil and
gas development on the outer continental shelf with all
coastal energy-producing states to ensure that those states
develop, support, and maintain necessary infrastructure and
preserve environmental integrity.
Copies of this resolution shall be sent to the Honorable
George W. Bush, President of the United States; the Honorable
Richard B. Cheney, Vice-President of the United States and
President of the U.S. Senate; the Honorable Dirk Kempthorne,
United States Secretary of the Interior; the Honorable Harry
Reid, Majority Leader of the U.S. Senate; the Honorable Mitch
McConnell, Minority Leader of the U.S. Senate; the Honorable
Nancy Pelosi, Speaker of the U.S. House of Representatives;
the Honorable John Boehner, Minority Leader of the U.S. House
of Representatives; the Honorable Jeff Bingaman, Chair of the
U.S. Senate Committee on Energy and Natural Resources; the
Honorable Ted Stevens and the Honorable Lisa Murkowski, U.S.
Senators, and the Honorable Don Young, U.S. Representative,
members of the Alaska delegation in Congress; and all other
members of the 110th United States Congress.
____

POM-457. A resolution adopted by the House of
Representatives of the State of Pennsylvania endorsing the
request for Federal funding to address vitally important
water resource needs; to the Committee on Environment and
Public Works.

House Resolution No. 719

Whereas, the water resources of the Commonwealth of
Pennsylvania are vitally important for domestic purposes,
production of food and fiber, power generation, industrial
and commercial purposes and recreational uses; and
Whereas, the Commonwealth of Pennsylvania is a member of
several interstate river basin commissions, including the
Susquehanna River Basin Commission, the Delaware River Basin
Commission and the Interstate Commission on the Potomac River
Basin, hereinafter referred to as the ``Mid-Atlantic
Commissions''; and
Whereas, the jurisdiction of the Mid-Atlantic Commissions
encompasses approximately two-thirds of the land area of this
Commonwealth and approximately two-thirds of the stream miles
in the State; and
Whereas, the Mid-Atlantic Commissions provide invaluable
water resource functions, including planning and management
activities to avoid conflicts between states sharing the same
watersheds and among water users; and
Whereas, the Mid-Atlantic Commissions were established by
legislation enacted by the Commonwealth of Pennsylvania and
the other member jurisdictions to each of the compacts,
including the Federal Government; and
Whereas, the interstate compacts that were created as a
result of this legislation require their member
jurisdictions, including the Federal Government, to provide
equitable shares of funding in support of the Mid-Atlantic
Commissions' annual expense budgets; and
Whereas, the Federal Government has provided no direct
funding to the Mid-Atlantic Commissions for the past decade
in fulfillment of its interstate compact obligations,
resulting in the burden of financial responsibility being
shifted to the member states of the Mid-Atlantic Commissions,
including the Commonwealth of Pennsylvania; and
Whereas, the President of the United States did not request
funding in his budget request for fiscal year 2009 to fulfill
the Federal Government's equitable share of funding in
support of the Mid-Atlantic Commissions' annual expense
budgets for fiscal year 2009; and
Whereas, the 110th Congress of the United States, in its
first session, enacted the Water Resources Development Act of
2007; and
Whereas, section 5019(b) of the Water Resources Development
Act of 2007 requires the Secretary of the Army to allocate
funds to the Mid-Atlantic Commissions to fulfill the
equitable funding requirements of the respective interstate
compacts; and
Whereas, the Mid-Atlantic Commissions have officially
requested that funding be included in the fiscal year 2009
Energy and Water Development Appropriations Bill in the
amount of $1 million for the Susquehanna River Basin
Commission, $715,000 for the Delaware River Basin Commission
and $650,000 for the Interstate Commission on the Potomac
River Basin; and
Whereas, Federal funding is needed for the Mid-Atlantic
Commissions to address vitally important water resource
needs, among them the establishment of flow targets to guide
the Susquehanna River Basin Commission's management of major
withdrawals in the Susquehanna River Basin, the initiation of
flood mitigation activities in the Delaware River Basin and
the coordination with community leaders on drinking water
source water protection activities; therefore be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania wholeheartedly endorse the
request of the Mid-Atlantic Commissions for funding from the
Federal Government in fiscal year 2009; and be it further
Resolved, That all members of the Commonwealth of
Pennsylvania's Congressional Delegation are strongly
encouraged to actively support the funding request of the
Mid-Atlantic Commissions; and be it further
Resolved, That the United States Senate and the United
States House of Representatives Appropriations Subcommittees
on Energy and Water Development be urged to place a high
priority on the request of the Mid-Atlantic Commissions and
to include said request in the fiscal year 2009 Energy and
Water Development Appropriations Bill; and be it further
Resolved, That pursuant to the requirements of section
5019(b) of the Water Resources Development Act of 2007, the
Secretary of the Army be urged to recommend funds for the
Mid-Atlantic Commissions in the fiscal year 2010 budget it
submits to the Office of Management and Budget; and be it
further
Resolved, That pursuant to the requirements of the
interstate compacts of the Mid-Atlantic Commissions, the
President of the United States be urged to include funds for
the Federal Government's equitable share of funding in
support of the Mid-Atlantic Commissions' 2010 budget in the
President's 2010 budget request; and be it further
Resolved, That the Senate of the Commonwealth of
Pennsylvania and the governors and general assemblies of the
other member states of the Mid-Atlantic Commissions be urged
to consider the adoption of similar resolutions; and be it
further
Resolved, That a copy of this resolution be transmitted to
the President of the United States, the chairmen and ranking
members of the United States Senate and United States House
of Representatives Appropriations Subcommittees for Energy
and Water Development, the Secretary of the Army, the
director of the Office of Management and

[[Page 24213]]

Budget, each member of Congress from Pennsylvania and the
governors and general assemblies of New Jersey, Delaware,
Maryland, New York, Virginia and West Virginia.
____

POM-458. A resolution adopted by the House of
Representatives of the State of Pennsylvania directing the
Joint State Government Commission to conduct an in-depth
study of the subject of developments of regional significance
and impact; to the Committee on Environment and Public Works.

House Resolution No. 845

Whereas, on September 19, 2006, a massive landslide
occurred in Kilbuck Township, Allegheny County; and
Whereas, on October 24, 2006, the House of Representatives
adopted House Resolution 897, which directed the Joint State
Government Commission to conduct an in-depth investigation
into the September 19, 2006, landslide and compile a report
on its findings and recommendations; and
Whereas, House Resolution 897 authorized the appointment of
a four-member legislative task force and an advisory
committee to assist the task force in this undertaking; and
Whereas, the advisory committee established under House
Resolution 897 represented a broad range of expertise and
interests and included attorneys, geologists, engineers, land
use planners, representatives of local and county
governments, representatives of community development
organizations, environmental advocates, representatives of
Communities First!, the executive director of the Joint
Legislative Air and Water Pollution Control and Conservation
Committee, a representative from the Department of
Conservation and Natural Resources, a representative from the
Department of Environmental Protection and a representative
from the Department of Transportation; and
Whereas, the task force and advisory committee noted that
possible issues contributing to the Kilbuck landslide
included geologically hazardous conditions at the site,
inadequate coordination among regulatory decisionmakers and
lack of capacity by some municipalities, particularly with
respect to approvals of large, complex developments; and
Whereas, the task force and advisory committee agreed to
address the following seven subject areas that could help
prevent the occurrence of such landslides:
(1) revisions to the Pennsylvania Municipalities Planning
Code;
(2) regional planning and review;
(3) resources to local governments;
(4) the permitting and inspection process;
(5) coordination of agencies' actions;
(6) standing and jurisdiction; and
(7) disclosure of geologic concerns; and
Whereas, the task force and advisory committee reached
consensus on findings and recommendations as contemplated by
House Resolution 897; and
Whereas, on June 9, 2008, the task force authorized the
release of the report of the task force and advisory
committee and the introduction of the legislation contained
in the report; and
Whereas, as part of the findings and recommendations
contained in the report, the task force and advisory
committee acknowledged that further consideration, discussion
and analysis should be given to the subject of developments
of regional significance and impact, which was addressed only
briefly in the report; and
Whereas, the members of the task force and advisory
committee desired to continue their work regarding the
subject of development of regional significance and impact;
and
Whereas, the task force recommended that further
consideration, discussion and analysis regarding the subject
of developments of regional significance and impact should be
authorized by a new resolution; therefore be it
Resolved, That the Joint State Government Commission be
authorized to reconstitute the task force and advisory
committee established under House Resolution 897 to conduct
an in-depth study of the subject of developments of regional
significance and impact; and be it further
Resolved, That the composition of the reconstituted
advisory committee be modified as necessary and that
additional persons may be appointed as members of the
advisory committee; and be it further
Resolved, That the Joint State Government Commission
compile a report based on the findings and recommendations of
the reconstituted task force and advisory committee and
submit the report to the House of Representatives as soon as
possible but no later than two years following the adoption
of this resolution.
____

POM-459. A joint resolution adopted by the Alaska State
Legislature opposing the enactment of the Protect America's
Wildlife Act of 2007 that intends to prohibit aerial hunting
of wildlife; to the Committee on Environment and Public
Works.

CSHJR 31(Res)

Whereas the Alaska Department of Fish and Game has
experienced and knowledgeable biologists familiar with Alaska
wildlife; and
Whereas the Alaska Board of Game openly discusses game
management at board meetings and makes decisions based on
scientific data; and
Whereas Alaska is a sovereign government within the United
States with its own Board of Game responsible for managing
the wildlife asset to be utilized, developed, and maintained
on the sustained yield principle, subject to preferences
among beneficial uses, under art. VIII, sec. 4, Constitution
of the State of Alaska; and
Whereas many areas in Alaska are accessible only by boat or
aircraft; and
Whereas Alaska presents unique living and wildlife
situations of which many people outside the state might not
be aware; and
Whereas there is no shortage of predators in Alaska; and
Whereas predator imbalance will destroy other species that
are important to the ecosystem of Alaska; and
Whereas there is legislation before the United States
Congress to prevent aerial predator control; and
Whereas the use of aircraft is a necessary tool for
managing the asset of game animals to provide for abundance
for personal use in Alaska; and
Whereas much of Alaska's wildlife represents a natural food
source for many Alaskans; therefore, be it
Resolved, That the Alaska State Legislature urges all
members of the United States Congress to oppose H.R. 3663,
the Protect America's Wildlife Act of 2007; and be it further
Resolved, That management of fish and game in Alaska should
be left to the experts in state. Copies of this resolution
shall be sent to the Honorable George W. Bush, President of
the United States; the Honorable Richard B. Cheney, Vice
President of the United States; and President of the U.S.
Senate; the Honorable Ted Stevens and the Honorable Lisa
Murkowski, U.S. Senators, and the Honorable Don Young, U.S.
Representative, members of the Alaska delegation in Congress;
and all other members of the 110th United States Congress.
____

POM-460. A resolution adopted by the Senate of the State of
Michigan memorializing the United States Congress to enact
legislation to help revitalize the economy in states with
exceptionally high rates of unemployment by the creation of a
Recovery State Renaissance Zone Act; to the Committee on
Finance.

Senate Resolution No. 222

Whereas, our nation, the state of Michigan in particular,
is being buffeted by the tumultuous seas of economic change.
Global manufacturing shifts have had a disproportionate
impact on the Great Lake State's manufacturing sector.
Indeed, despite years of diversifying our economy and
streamlining our state's governmental operations, Michigan
continues to be one of those states trapped in this economic
maelstrom; and
Whereas, according to the latest U.S. Department of Labor
employment statistics, Michigan continues to lead the nation
in the rate of unemployment. Our average unemployment rate
has exceeded the national average by more than 50 percent in
each of the past two calendar years, and the state is on
track to break this mark again in 2008. This disparity
clearly points to the fact that Michigan cannot wait for its
long-term economic development initiatives to see fruition.
The need for federal assistance in our efforts is immediate
and pressing; and
Whereas, Congress must enact a federal law that mirrors
Michigan's Renaissance Zone statute to create federal
Renaissance Zones. States with average unemployment rates of
50 percent above the national average for at least the past
two years must be designated as renaissance states. As
renaissance states, they would qualify for two recovery
benefits: (1) a statewide 100 percent increase in the federal
investment tax credit; and (2) the ability to designate
certain areas of the state as exempt from federal corporate
taxes with a cap of $1 billion per year; now, therefore, be
it
Resolved by the Senate, That we hereby memorialize the
Congress of the United States to enact legislation to help
revitalize the economy in states with exceptionally high
rates of unemployment by the creation of a Recovery State
Renaissance Zone Act; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of
the Michigan congressional delegation.
____

POM-461. A joint resolution adopted by the California
Legislature encouraging the President and the Congress of the
United States to provide a long-term extension of the
investment and production tax credits for all renewable
energy technologies; to the Committee on Finance.

Senate Joint Resolution No. 27

Whereas, a diverse energy portfolio will result in a
reduction of greenhouse gas emissions, create jobs, stimulate
economic growth and investment, and encourage a secure energy
future; and
Whereas, a diverse energy portfolio will better position
the nation's energy system to

[[Page 24214]]

respond to new local, regional, and environmental challenges
and population growth, and will take advantage of the
development of new technologies that will lower the cost of
renewable energy; and
Whereas, Congress has shown a multiyear commitment to
supporting the development of a diverse energy portfolio by
implementing and repeatedly extending federal tax credits for
renewable energy; and
Whereas, extending the federal investment and production
tax credits will ensure continued robust growth of the
renewable energy industry, which will help protect the
American economy from energy shortages and price spikes that
are harmful to business and consumers and are disruptive to
investment; and
Whereas, in 2008, there were over 42,000 megawatts of
renewable energy power generation projects under development
in 45 states; and
Whereas, the federal investment and production tax credits
will provide the market stability and investor confidence
that is necessary in the wind, solar, geothermal, small
irrigation power, municipal solid waste, noncom ethanol-based
closed-loop and open-loop biomass, and small hydropower
sectors to encourage increased investment and growth in these
technologies; and,
Whereas, extending the federal investment and production
tax credits for renewable energy sources will create more
than 100,000 jobs, will attract tens of billions of dollars
in investment within the next year, and will continue to
create thousands of jobs at high, medium, and entry levels;
and
Whereas, extending the federal investment and production
tax credits for renewable energy sources will foster new
business opportunities within California and generate revenue
for local economies; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature of the State of
California encourages the President and the Congress of the
United States to provide a long-term extension of the
investment and production tax credits for all renewable
energy technologies; and be it further
Resolved, That the Secretary of the Senate transmit copies
of this resolution to the President and Vice President of the
United States, to the Speaker of the House of
Representatives, to the Majority Leader of the Senate, and to
each Senator and Representative from California in the
Congress of the United States.
____

POM-462. A joint resolution adopted by the Alaska State
Legislature opposing the imposition of the milk tax on
Alaskans; to the Committee on Finance.

House Joint Resolution No. 16

Whereas Alaska residents consume more milk, cheese, butter,
yogurt, and other dairy products than Alaska dairy farmers
are able to produce, making Alaska a ``milk-deficit'' state;
and
Whereas, because of their milk-deficit status, the United
States Congress wisely excluded Alaska, Hawaii, and Puerto
Rico from the mandatory dairy promotion assessment or ``milk
tax'' of the Dairy Production Stabilization Act of 1983; and
Whereas this exemption was maintained in the Farm Security
and Rural Investment Act of 2002; and
Whereas the National Milk Producers Federation and other
dairy interests in the lower 48 states want to extend the
milk tax to Alaska dairy farmers; and
Whereas the milk tax would require Alaska dairy farmers to
pay into the national dairy promotion program that presently
benefits only the lower 48 states and does nothing to help
Alaska dairy farmers or consumers; and
Whereas Alaska dairy farmers and consumers cannot benefit
from the various dairy promotion, advertising, and research
programs funded by the milk tax imposed on milk marketed by
dairy farmers in the lower 48 states; and
Whereas the mandatory dairy promotion assessment would
constitute an onerous, costly, and unacceptable new milk tax
on all Alaskans, including dairy farmers, consumers, school
children, day care centers, residents of rural Alaska, Alaska
Natives, small businesses, and others who would be forced to
pay more for milk and dairy products that already are among
the most expensive in the nation: be it
Resolved, That the Alaska State Legislature strongly
condemns and resolutely opposes imposition of the milk tax on
Alaskans.
____

POM-463. A joint resolution adopted by the Alaska State
Legislature urging the United States Congress to enact H.R.
2419, sec. 12801; to the Committee on Finance.

CSHJR No. 14

Whereas it is well documented that the Exxon Valdez oil
spill has adversely affected the coastal region of the state
and affected the economic status of communities in this
region for many years; and
Whereas the state's commercial fishermen, who make up 80
percent of the plaintiffs seeking to recover damages from the
Exxon Valdez oil spill, suffered economically as a result of
the oil spill and, as a result, lost the opportunity to
establish retirement plans or were limited in their ability
to save for retirement; and
Whereas these Alaskans would benefit from the contributions
to retirement accounts they could make by using money
received from the award of damages; and
Whereas H.R. 2419, sec. 12801, would benefit these
commercial fishermen by authorizing increases in the
deductions and income caps applicable to traditional
individual retirement accounts, Roth IRAs, and other
qualified retirement plans to the extent of the amount of the
damage award; and
Whereas the bill would authorize individual plaintiffs to
average income from the award for tax purposes over the
period January 1, 1994, through the end of the year in which
the award is made: Therefore be it
Resolved, That the Alaska State Legislature urges the
United States Congress to enact H.R. 2419, sec. 12801, to
provide relief to those individuals who suffered economic
damages as a result of the Exxon Valdez oil spill.
____

POM-464. A joint resolution adopted by the Alaska State
Legislature urging the United States Congress to repeal sec.
511 of P.L. 109-222 (Tax Increase Prevention and
Reconciliation Act of 2005); to the Committee on Finance.

CSHJR No. 41

Whereas sec. 511 of P.L. 109-222 (Tax Increase Prevention
and Reconciliation Act of 2005) will require states, cities,
counties, and boroughs that spend more than $100,000,000 each
year on goods and services after December 31, 2010, to
withhold three percent of their payments to nearly all
vendors and contractors for federal income purposes and to
report nonwage payments; and
Whereas sec. 511 of P.L. 109-222 (Tax Increase Prevention
and Reconciliation Act of 2005) was added by a congressional
conference committee without benefit of any public hearings
in either the United States House of Representatives or the
United States Senate; and
Whereas, although sec. 511 of P.L. 109-222 (Tax Increase
Prevention and Reconciliation Act of 2005) was inserted into
the legislation to save approximately $7,000,000,000 in
federal taxes between 2011 and 2015, the effect of the
provision is to increase the burden and costs to state and
local governments by making these governments uncompensated
and involuntary federal tax collectors because no federal
funding is provided to cover the costs of implementing sec.
511 of P.L. 109-222 (Tax Increase Prevention and
Reconciliation Act of 2005); and
Whereas sec. 511 of P.L. 109-222 (Tax Increase Prevention
and Reconciliation Act of 2005) creates another unfunded
federal mandate that will add a cost to state and local
governments that exceeds the threshold of P.L. 104-04
(Unfunded Mandates Reform Act of 1995), and sec. 511 of P.L.
109-222 (Tax Increase Prevention and Reconciliation Act of
2005) will therefore short-circuit the public process
required by P.L. 104-04 (Unfunded Mandates Reform Act of
1995) and thus violate that Act; and
Whereas the Department of Administration, the University of
Alaska, the Municipality of Anchorage, the Fairbanks North
Star Borough, and the Anchorage School District, all
governmental entities in Alaska that are affected by sec. 511
of P.L. 109-222 (Tax Increase Prevention and Reconciliation
Act of 2005), have expressed serious concerns about it and
have urged its repeal; and
Whereas local governmental officials have stated that sec.
511 of PL. 109-222 (Tax Increase Prevention and
Reconciliation Act of 2005) will be extremely difficult and
expensive to implement, requiring major programming changes
to financial and accounting systems and the hiring of
additional staff; and
Whereas, because of the three percent withholding
requirement, local businesses will be discouraged from
bidding on state and local governmental contracts for
products and services, thereby dampening competitive bidding
and driving up the prices to offset the three percent
withholding, and this, in turn, is likely to increase the
cost of procurement by state and local governments; and
Whereas sec. 511 of P.L. 109-222 (Tax Increase Prevention
and Reconciliation Act of 2005) will pose significant
difficulties for the State of Alaska in its efforts to
procure goods and services for the state, because
(1) the state accounting system is 23 years old and cannot
accommodate mandatory backup withholding;
(2) it would take about a year to make the necessary
systemic changes and require substantial additional record
keeping to reconcile the amounts paid to vendors and those
amounts reported and remitted to the Internal Revenue
Service;
(3) obtaining exemptions to sec. 511 of P.L. 109-222 (Tax
Increase Prevention and Reconciliation Act of 2005) would be
difficult and costly; and
(4) vendors might inflate their bids to compensate for the
tax withheld, resulting in higher prices to the state; and
Whereas the state government accounting system does not
currently have the capability to withhold vendor payments,
and the state need only report payments for services

[[Page 24215]]

over $600 a year to each unincorporated vendor; sec. 511 of
P.L. 109-222 (Tax Increase Prevention and Reconciliation Act
of 2005) will increase the accounting burden on the state by
(1) requiring most but not all payments, no matter how
small, to be reported, an extremely expensive and burdensome
mandate;
(2) requiring payments to all corporations to be reported,
significantly increasing the number of vendors for which
information reports would have to be submitted to the
Internal Revenue Service;
(3) requiring withholding on credit card purchases, a
process unknown complexity; and
(4) exempting certain types of payments that will likely
require manual intervention, which would drive up the cost of
compliance with sec. 511 of P.L. 109-222 (Tax Increase
Prevention and Reconciliation Act of 2005) even further; and
Whereas government agencies will have to obtain employee
identification numbers or social security numbers for
numerous individual vendors to allow reporting to the
Internal Revenue Service, thereby invading those citizens'
rights of privacy and exposing them to the dangers of
identity theft; and
Whereas complying with sec. 511 of P.L. 109-222 (Tax
Increase Prevention and Reconciliation Act of 2005) will have
serious adverse effects on the procurement practices of
larger local governments in Alaska; for example, the
Municipality of Anchorage, the state's largest city, with a
population of about 261,446, which is 42 percent of the
State's total population, will incur costs of approximately
$250,000 a year to reprogram municipal computers and
financial systems, plus an estimated $100,000 to $200,000 a
year of additional costs for ongoing operating expenses; the
Municipality of Anchorage's financial computer system is not
set up for this procedure and will require extensive
modifications at a significant cost, including the hiring of
at least one full-time municipal employee; the use of
procurement cards by the Municipality of Anchorage may have
to be discontinued, and the use of checks, which are slower
and more costly, may be reinstituted; the Municipality of
Anchorage's online purchasing system will have to be modified
and likely will no longer be cost-effective; and
Whereas the additional costs of complying with sec. 511 of
P.L. 109-222 (Tax Increase Prevention and Reconciliation Act
of 2005) will place the State of Alaska and Alaska local
governments at a competitive disadvantage in the procurement
of goods and services; and
Whereas, as a result of these burdens and difficulties, the
state and affected local governments believe that sec. 511 of
P.L. 109-222 (Tax Increase Prevention and Reconciliation Act
of 2005) will not accomplish its stated goal of closing the
budget gap; and
Whereas these concerns were previously expressed by the
state to the United States Congress through the National
Association of State Auditors, Comptrollers and Treasurers;
and
Whereas S. 777 and H.R. 1023 have been introduced in the
110th United States Congress to repeal sec. 511 of P.L. 109-
222 (Tax Increase Prevention and Reconciliation Act of 2005):
Therefore be it
Resolved, That the Alaska State Legislature urges the
United States Congress to repeal sec. 511 of P.L. 109-222
(Tax Increase Prevention and Reconciliation Act of 2005).
____

POM-465. A resolution adopted by the Senate of the State of
Pennsylvania relative to hydrocephalus; to the Committee on
Health, Education, Labor, and Pensions.

Senate Resolution No. 406

Whereas, hydrocephalus is a serious neurological condition,
characterized by the abnormal buildup of cerebrospinal fluids
in the ventricles of the brain; and
Whereas, there is no known cure for hydrocephalus, which
affects an estimated one million Americans; and
Whereas, out of every 1,000 babies, one to two are born
with hydrocephalus; and
Whereas, more than 375,000 older Americans have
hydrocephalus, which often goes undetected or misdiagnosed as
dementia, Alzheimer's disease or Parkinson's disease; and
Whereas, with appropriate diagnosis and treatment, people
with hydrocephalus are able to live full and productive
lives; and
Whereas, the standard treatment for hydrocephalus was
developed in 1952 and carries multiple risks, including shunt
failure, infection and over drainage; and
Whereas, there are fewer than ten centers in the United
States specializing in the treatment of adults with normal
pressure hydrocephalus; and
Whereas, each year, the people of the United States spend
in excess of $1 billion to treat hydrocephalus; and
Whereas, a September 2005 conference sponsored by seven
institutes of the National Institutes of Health, and
entitled, ``Hydrocephalus: Myths, New Facts, Clear
Directions,'' resulted in efforts to initiate new,
collaborative research and treatment efforts; and
Whereas, the Hydrocephalus Association is one of the
nation's oldest and largest patient and research advocacy and
support networks for individuals suffering from
hydrocephalus; and
Whereas, further research into the epidemiology,
pathophysiology, disease burden and improved treatment of
hydrocephalus should be conducted or supported; and
Whereas, public awareness and professional education
regarding hydrocephalus should increase through partnerships
between the Federal Government and patient advocacy
organizations, such as the Hydrocephalus Association;
therefore be it
Resolved, That the Senate urge the Federal Government to
collect comprehensive statistical and data regarding the
seriousness of hydrocephalus and its impact on American
families; and be it further
Resolved, That the Senate designate the month of November
2008 as ``Hydrocephalus Awareness Month'' in Pennsylvania so
that Pennsylvanians can become more familiar with
hydrocephalus and the individuals dedicated to finding its
cure.
____

POM-466. A resolution adopted by the House of
Representatives of the State of Pennsylvania expressing
support for National Food Safety Education Month; to the
Committee on Health, Education, Labor, and Pensions.

House Resolution No. 896

Whereas, in 1994, the National Restaurant Association
Educational Foundation's (NRAEF) International Food Safety
Council created ``National Food Safety Education Month'' as
an annual campaign; and
Whereas, the purpose of ``National Food Safety Education
Month'' is to strengthen food safety education and training
among persons in the restaurant and food service business and
to educate the public on the safe handling and preparation of
food; and
Whereas, there are more than 200 known foodborne diseases
caused by viruses, toxins and metals and usually stemming
from the improper handling, preparation or storage of food;
and
Whereas, bacteria are the common cause of the foodborne
illness; and
Whereas, foodborne illness costs the United States economy
billions of dollars each year in lost productivity,
hospitalization, long-term disability and even death; and
Whereas, the United States Department of Agriculture
estimated that in 2000, medical costs and losses in
productivity resulting from five bacterial foodborne
pathogens was $6.9 billion; and
Whereas, it is estimated that in 2001 the annual cost of
salmonellosis caused by the Salmonella bacteria was $2.14
billion, including medical costs, the cost of time lost from
work and the cost or value of premature death; and
Whereas, the Centers for Disease Control and Prevention
(CDC) estimates that in the United States, there are 76
million illnesses, 325,000 hospitalizations and 5,000 deaths
per year due to consumption of food contaminated with
pathogenic microorganisms; and
Whereas, numerous cases have occurred in the United States
and the Commonwealth of Pennsylvania: 2007--Salmonella from
peanut butter in 44 states, 425 cases; 2006--E. coli in eight
states from fresh spinach, 205 cases, including 3 deaths; and
2003--hepatitis A from Chi-Chi's sourced green onions in the
Commonwealth of Pennsylvania; and
Whereas, up to 2,000 cases of salmonellosis occur each year
in the Commonwealth of Pennsylvania; and
Whereas, following four simple steps, consumers can keep
food safe from bacteria: clean--wash hands and surfaces
often; separate--do not cross-contaminate; cook--cook to
proper temperature; and chill--refrigerate promptly;
therefore be it
Resolved, That the House of Representatives of the
Commonwealth of Pennsylvania express full and enthusiastic
support for ``National Food Safety Education Month'' in
September 2008; and be it further
Resolved, That copies of this resolution be transmitted to
the presiding officers of each house of Congress and to each
member of Congress from Pennsylvania.
____

POM-467. A resolution adopted by the House of
Representatives of the State of Michigan memorializing the
Congress and the President of the United States to enact the
Breast Cancer Patient Protection Act; to the Committee on
Health, Education, Labor, and Pensions.

House Resolution No. 296

Whereas, in spite of progress that has been made in its
diagnosis and treatment, breast cancer remains one of the
most serious threats to the health of women. Its devastating
impact is felt across our country. According to the American
Cancer Society, excluding cancers of the skin, breast cancer
is the most common cancer among women and accounts for one of
every 4 cancers diagnosed. It is estimated that 178,000 new
cases of invasive breast cancer were identified in 2007 and
that an estimated 40,000 women died; and
Whereas, although the frightening realities of breast
cancer can strike any woman, success in combating the disease
is, unfortunately, less universal. A patient's chances of
survival are increased with early identification of the
disease, access to good care at all stages of treatment, and
comprehensive monitoring afterwards; and

[[Page 24216]]

Whereas, congress is considering legislation that would
take a strong step in the effort to combat breast cancer in
our country. The Breast Cancer Patient Protection Act, S. 459
and H.R. 758, would require health plans to provide coverage
for minimum hospital stays for mastectomies, lumpectomies,
and lymph node dissection for the treatment of breast cancer,
as well as secondary consultations. Among the legislation's
specific provisions is a requirement that a patient
undergoing a mastectomy or lumpectomy to treat breast cancer
be permitted a hospital stay of no less than 48 hours; and
Whereas, the Breast Cancer Patient Protection Act would
increase access to a level of care that can save lives and
mitigate suffering; now, therefore, be it
Resolved, By the House of Representatives, that we
memorialize the Congress and the President of the United
States to enact the Breast Cancer Patient Protection Act; and
be it further
Resolved, That copies of this resolution be transmitted to
the Office of the President of the United States, the
President of the United States Senate, the Speaker of the
United States House of Representatives, and the members of
the Michigan congressional delegation.
____

POM-468. A resolution adopted by the House of
Representatives of the State of Michigan relative to Agent
Orange and Parkinson's disease; to the Committee on Health,
Education, Labor, and Pensions.

House Resolution No. 273

Whereas, Agent Orange was an herbicide used in Vietnam to
kill unwanted plants and to remove leaves from trees which
otherwise provided cover for the enemy. After its use, it was
realized that Agent Orange contained dioxin, which is related
to a number of diseases, cancers, and other disorders. Many
U.S. veterans are known to have been exposed to significant
amounts of Agent Orange while fulfilling their military
obligations; and
Whereas, as required by law, the U.S. Department of
Veterans Affairs (VA) recognizes many diseases as being
associated with Agent Orange, including chloracne, acute
peripheral neuropathy, and numerous cancers such as Hodgkin's
disease, multiple myleoma, and prostate cancer. Veterans who
served in Vietnam between January 9, 1962, and May 7, 1975,
and who acquire one of the recognized diseases are entitled
to VA-furnished hospital care, medical services, and possibly
nursing home care; and
Whereas, several studies performed at internationally
recognized research institutions, including St. Jude
Children's Research Hospital, have linked Parkinson's disease
to Agent Orange and other pesticides. Research work at St.
Jude Children's Research Hospital linked genetic alterations
associated with an increased risk of Parkinson's disease to
pesticide exposures; and
Whereas, Parkinson's disease should be added to the VA list
of recognized diseases associated with Agent Orange. The
Department of Veterans Affairs Regional Office in Winston-
Salem, North Carolina, has determined in two cases that the
Parkinson's disease of veterans could have been caused by
their contact with Agent Orange while on active military
duty; now, therefore, be it
Resolved by the House of Representatives, That we
memorialize the United States Congress to acknowledge that
the neurological disorder known as Parkinson's disease can be
caused by exposure to Agent Orange and to require that the
United States Department of Veterans Affairs offer assistance
to U.S. Military members who, while serving their country,
have acquired Parkinson's disease through their exposure to
Agent Orange; and be it further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, the members of the
Michigan congressional delegation, and the Secretary of the
U.S. Department of Veterans Affairs.
____

POM-469. A resolution adopted by the House of
Representatives of the State of Michigan urging the Congress
of the United States and the United States Department of
Agriculture to continue to promote and prioritize the
establishment of local farm-to-school initiatives; to the
Committee on Health, Education, Labor, and Pensions.

House Resolution No. 413

Whereas, local farm-to-school initiatives improve child
nutrition and promote local farming communities. These
programs emphasize the purchase and availability of fresher
and more nutritious local foods for consumption in schools.
In addition, they provide an opportunity for students to gain
a greater appreciation of where their food comes from and
enhance markets for local farmers. Strong local markets
reduce food costs and fuel use associated with transporting
foods long distances and increase food security; and
Whereas, the federal government plays a critical role in
the success of local farm-to-school initiatives. Federal
support can make the difference between a successful farm-to-
school program and a failed one. In particular, placing a
priority on farm-to-school programs and giving schools
flexibility in the use of federal funding received for school
meal programs would make a huge difference; and
Whereas, the 2008 federal farm bill (P.L. 110-246) made
major strides to remove roadblocks and encourage the
establishment of farm-to-school initiatives. Under the
enacted bill, schools will now be able to show a preference
for locally grown and raised foods without risking the loss
of critical funds. In addition, the bill authorizes funding
for grants that may be used to make fresh fruits and
vegetables available in elementary schools and develop hands-
on school vegetable gardening and nutrition education
programs at high-poverty schools; and
Whereas, the promise of the 2008 federal farm bill will
only be met if Congress and the U.S. Department of
Agriculture follow through and continue to expand on the
commitments made. Full funding, regulatory flexibility, and a
cooperative and collaborative relationship with the states
and local schools are needed to maintain the momentum; now,
therefore, be it
Resolved by the House of Representatives, That we urge the
Congress of the United States and the U.S. Department of
Agriculture to continue to promote and prioritize the
establishment of local farm-to-school initiatives; and be it
further
Resolved, That copies of this resolution be transmitted to
the President of the United States Senate, the Speaker of the
United States House of Representatives, the members of the
Michigan congressional delegation, and the Secretary of
Agriculture.
____

POM-470. A joint resolution adopted by the California
Legislature relative to fibromyalgia; to the Committee on
Health, Education, Labor, and Pensions.

Senate Joint Resolution No. 25

Whereas, fibromyalgia is defined by the American College of
Rheumatology as a disabling pain condition. Fibromyalgia
symptoms include chronic pain throughout the body, extreme
fatigue, sleep disorders, stiffness, weakness, migraine
headaches, and impairment of memory and concentration; and
Whereas, fibromyalgia is a common condition with no known
cure that affects women, men, and children of all
ethnicities; and
Whereas, an estimated 10 million people in the United
States and millions of people worldwide have been diagnosed
with fibromyalgia; and
Whereas, there is no test for fibromyalgia, so it often
takes an average of five years to receive a diagnosis.
Furthermore, medical professionals are frequently
inadequately educated on diagnosis and treatment of
fibromyalgia; and
Whereas, many fibromyalgia patients find themselves
underinsured or uninsured because they are too sick to work
or have been denied health care coverage and access to
treatments because they have fibromyalgia; and
Whereas, fibromyalgia costs the United States health care
system $20 billion annually and strongly impacts families who
experience lost wages and extensive out-of-pocket medical
costs; and
Whereas, the California Legislative Women's Caucus
recognizes that 80 percent of fibromyalgia patients are
women, that hundreds of thousands of those affected by
fibromyalgia live in California, and that there is an urgent
need to respond to the vast needs of this patient population;
and
Whereas, the California Legislative Women's Caucus has
taken the National Fibromyalgia Association's Pledge to Care
by advocating for improved treatments, expanded research,
comprehensive health insurance coverage, and increased
awareness of fibromyalgia; now, therefore, be it
Resolved by the Senate and the Assembly of the State of
California, jointly, That the Legislature respectfully urges
the Congress of the United States to accelerate the federal
investment in fibromyalgia research at the National
Institutes of Health, to ensure adequate Medicare and
Medicaid reimbursement and coverage of fibromyalgia
therapies, and to launch a multifaceted public awareness
campaign on fibromyalgia; and be it further
Resolved, That the Secretary of the Senate transmit copies
of this resolution to the President and Vice President of the
United States, to the Speaker of the House of
Representatives, to the Majority Leader of the Senate, and to
each Senator and Representative from California in the
Congress of the United States.
____

POM-471. A joint resolution adopted by the Alaska State
Legislature relative to the funding for special education in
public schools; to the Committee on Health, Education, Labor,
and Pensions.

House Joint Resolution No. 29

Whereas the Constitution of the State of Alaska and other
laws and policies of the state require educational
opportunities for all children, including children with
disabilities; and
Whereas enactment of the Individuals with Disabilities
Education Act by the United States Congress transferred from
the states to the federal government decisions pertaining to
the provision of education and related services to students
with disabilities; and
Whereas the Individuals with Disabilities Education Act
requires the provision of a

[[Page 24217]]

``free appropriate public education'' for students with
disabilities; and
Whereas the Individuals with Disabilities Education Act
authorized the federal appropriation of a sum equal to 40
percent of the average per-pupil expenditure for general
education students under 34 C.F.R. 300.701(a)(1); and
Whereas the Unfunded Mandates Reform Act of 1995 (P.L. 104-
4, March 22, 1995) provides that ``the federal government
should not shift certain costs to the States, and States
should end the practice of shifting costs to local
governments''; and
Whereas, according to recent estimates, Alaska received
approximately 16 percent of the total cost of providing a
free appropriate public education for students with
disabilities from the Congress for Part B services under the
Individuals with Disabilities Education Act; and
Whereas the lack of adequate federal funding for students
with disabilities has forced states and local school
districts to make up the difference through payments made for
other critical education programs; and
Whereas the lack of adequate federal funding for federally
mandated services under the Individuals with Disabilities
Education Act places a tremendous strain on all Alaska public
school districts and on the ability of the districts to
provide quality education for all students; and
Whereas Alaska shares with every other state a chronic
shortage of qualified special education teachers; and
Whereas teacher preparation programs would benefit from
full federal funding of the Individuals with Disabilities
Education Act by attracting prospective applicants interested
in a career of teaching special education; and
Whereas the underfunding of special education programs
affects the depth of services provided to students with
disabilities; and
Whereas, despite significant strides made in increasing and
enhancing public education for students with disabilities,
many of those students still do not receive the services and
assistance they need to succeed in public schools; and
Whereas the federal No Child Left Behind Act requires that
100 percent of students with disabilities attain proficiency
in meeting state education standards by the end of the 2013-
2014 school year; and
Whereas improvement in the rate of proficiency of students
in meeting state education standards is a primary indicator
of school success under the No Child Left Behind Act,
creating the need for public school districts to provide
greater access to and progress in the general curriculum for
students with disabilities; and
Whereas the task of meeting the rising costs associated
with attaining proficiency in the general curriculum for
students with disabilities requires a strong partnership
between local, state, and federal government agencies; now,
therefore, be it
Resolved, That the Alaska State Legislature strongly urges
the President of the United States and the United States
Congress to fulfill their obligation to provide adequate
funding of educational services for students with
disabilities by providing 40 percent of the average per-pupil
expenditure for general education students in Alaska as
authorized in the Individuals with Disabilities Education
Act.
____

POM-472. A joint resolution adopted by the Alaska State
Legislature urging the United States Congress to reauthorize
the Debbie Smith DNA backlog grant program; to the Committee
on the Judiciary.

House Joint Resolution No. 34

Whereas DNA technology is increasingly vital to ensuring
accuracy and fairness in the criminal justice system, but is
not yet considered a routine tool for criminal identification
by law enforcement; and
Whereas over 50,000 law enforcement investigations have
already been aided nationwide because of DNA matches made
through the Federal Bureau of Investigation's Combined DNA
Index System, bringing justice to victims and removing
criminals from the streets; and
Whereas the Innocence Project has used DNA in over 200
cases to exonerate persons who were wrongfully convicted of
crimes; and
Whereas Alaska and other states throughout the nation have
significantly expanded their DNA programs to include a
growing number of convicted and arrested felons to match
against unsolved crimes; and
Whereas the demand for DNA testing in both violent and
nonviolent crimes has continued to increase as the
reliability of this evidence is proven; and
Whereas many laboratories still maintain DNA backlogs of
six months or longer and are unable to meet the growing
demand for DNA testing, despite funding commitments from
state and local governments; and
Whereas the Debbie Smith DNA backlog grant program has
permitted state and local governments an opportunity to begin
to maximize the full potential of forensic DNA through
backlog reduction, but much work remains to be done: Now,
therefore, be it
Resolved, That the Alaska State Legislature strongly urges
the United States Congress to reauthorize the Debbie Smith
DNA backlog grant program at current or increased levels.
____

POM-473. A joint resolution adopted by the Alaska State
Legislature encouraging the repeal of the Real ID Act of
2005; to the Committee on the Judiciary.

Resolution No. 68

Whereas the federal government has failed to show any
measurable evidence that the implementation of the Real ID
Act of 2005 will make our borders more secure and better
protect our citizens from terrorism; and
Whereas the state, under the Tenth Amendment to the
Constitution of the United States, has always exercised its
exclusive power to establish standards and regulations for
the issuance of Alaska state driver's licenses and Alaska
state identification cards; and
Whereas the federal government imposes a huge fiscal burden
on the division of motor vehicles to implement the Real ID
Act of 2005; and
Whereas noncompliance with the Real ID Act of 2005 will
result in the federal government punishing individual
Alaskans for the actions of the state by placing limitations
on Alaska residents' freedom of travel and access to federal
facilities: Now, therefore, be it
Resolved That the Alaska State Legislature does not believe
government should wage the war on terrorism at the expense of
states' rights and liberties of citizens protected by the
United States Constitution and the Bill of Rights; and be it
further
Resolved, That the Alaska State Legislature does not
believe the Real ID Act of 2005 will make the United States
measurably safer and encourages the United States Congress to
repeal the Real ID Act of 2005.
____

POM-474. A resolution adopted by the House of
Representatives of the State of Pennsylvania memorializing
Congress to enact H. Res. 111, which establishes a Select
Committee on Prisoners of War (POW) and Missing in Action
(MIA) Affairs; to the Committee on Rules and Administration.

House Resolution No. 715

Whereas, it is essential to fully investigate unresolved
cases involving military personnel who served in the Vietnam
Conflict, Korean Conflict, World War II, Cold War and Gulf
War and who are missing in action (MIA), otherwise
unaccounted for or known to have been prisoners of war
(POWs); and
Whereas, H. Res. 111, currently under consideration in
Congress, would establish a select committee to be known as
the Select Committee on POW and MIA Affairs; and
Whereas, the select committee will conduct a full
investigation of all unresolved matters relating to any
United States personnel unaccounted for from the Vietnam
Conflict, Korean Conflict, World War II, Cold War and Gulf
War; and
Whereas, it is appropriate that the select committee be
established to conduct this investigation; and
Whereas, many of these POWs and MIAs are citizens of this
Commonwealth; therefore be it
Resolved, That the House of Representatives memorialize
Congress to enact H. Res. 111 and establish a Select
Committee on POW and MIA Affairs; and be it further
Resolved, That a copy of this resolution be transmitted to
each member of Congress from Pennsylvania.
____

POM-475. A joint resolution adopted by the Alaska State
Legislature supporting federal funding for veterans' health
care and urging the United States Congress to ensure adequate
funding for veterans' health care; to the Committee on
Veterans' Affairs.

Senate Joint Resolution No. 11

Whereas the United States Department of Veterans Affairs
provides medical care for veterans who have risked their
lives to protect the security of the nation; and
Whereas the United States Department of Veterans Affairs
has the largest integrated health care system in the United
States; and
Whereas the missions of the United States Department of
Veterans Affairs include providing health care to veterans,
educating and training health care personnel, conducting
medical research, serving as backup to the United States
Department of Defense, and supporting communities in times of
crisis; and
Whereas the United States Department of Veterans Affairs
provides a wide range of specialized services to meet the
unique needs of veterans, including treatment and care for
spinal cord injury, blindness, traumatic brain injury, post
traumatic stress disorder, amputation injuries, mental health
and substance abuse, and conditions requiring long-term care;
and
Whereas federal discretionary funding for veterans' health
care is controlled by the executive branch and Congress
through the budget and appropriation process; and
Whereas the United States Government Accountability Office
report in 2005 highlighted the lack of resources and staffing
available to the United States Department of Veterans Affairs
for processing an increasing backlog of veterans' claims; and
Whereas discretionary funding for the United States
Department of Veterans Affairs lags behind both medical
inflation and

[[Page 24218]]

the increased demands for services; for example, the
enrollment for veterans' health care increased 134 percent
between fiscal years 1996 and 2004, but funding only
increased 34 percent during the same period when adjusted to
1996 dollars; and
Whereas former United States Secretary of Veterans Affairs
Anthony Principi has publicly stated that the United States
Department of Veterans Affairs has been struggling to provide
health care to the rapidly rising number of veterans who
require health care; be it
Resolved, That the Alaska State Legislature expresses its
profound gratitude for the sacrifices made by veterans who
suffer from medical or mental problems resulting from
injuries that occurred while serving in the United States
Armed Forces; and be it further
Resolved, That the Alaska State Legislature urges the
United States Congress to ensure adequate funding for
veterans' health care.
____

POM-476. A resolution adopted by the California State Lands
Commission supporting the Ocean Conservation, Education, and
National Strategy for the 21st Century Act (H.R. 21) and the
National Oceans Protection Act of 2008 (S. 3314); to the
Committee on Commerce, Science, and Transportation.
____

POM-477. A resolution adopted by the California State Lands
Commission requesting that Congress continue to enact, and
the President reinstitute, the moratorium on oil and gas
leasing within protected offshore areas; to the Committee on
Energy and Natural Resources.
____

POM-478. A resolution adopted by the legislature of the
Republic of the Philippines thanking the U.S. Senate for the
passage of S. 1315 known as the Veterans' Benefits
Enhancement Act of 2007; to the Committee on Veterans'
Affairs.

____________________

REPORTS OF COMMITTEES

The following reports of committees were submitted:

By Mr. LEAHY, from the Committee on the Judiciary, without
amendment with a preamble:
S. Res. 707. An original resolution authorizing the
President of the Senate to certify the facts of the failure
of Joshua Bolten, as the Custodian of Records at the White
House, to appear before the Committee on the Judiciary and
produce documents as required by Committee subpoena (Rept.
No. 110-522).
S. Res. 708. An original resolution authorizing the
President of the Senate to certify the facts of the failure
of Karl Rove to appear and testify before the Committee on
the Judiciary and to produce documents as required by
Committee subpoena (Rept. No. 110-522).
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs:
Report to accompany S. 967, a bill to amend chapter 41 of
title 5, United States Code, to provide for the establishment
and authorization of funding for certain training programs
for supervisors of Federal employees (Rept. No. 110-523).
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs:
Special Report entitled ``Activities of the Committee on
Homeland Security and Governmental Affairs'' (Rept. No. 110-
524).
By Mr. LIEBERMAN, from the Committee on Homeland Security
and Governmental Affairs:
Report to accompany S. 3477, a bill to amend title 44,
United States Code, to authorize grants for Presidential
Centers of Historical Excellence (Rept. No. 110-525).
Report to accompany S. 1000, a bill to enhance the Federal
Telework Program (Rept. No. 110-526).
By Mr. KENNEDY, from the Committee on Health, Education,
Labor, and Pensions, with an amendment in the nature of a
substitute:
S. 1695. A bill to amend the Public Health Service Act to
establish a pathway for the licensure of biosimilar
biological products, to promote innovation in the life
sciences, and for other purposes.

____________________

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 Ms. COLLINS:
S. 3691. A bill to amend the Commodity Exchange Act to
require reporting and recordkeeping for positions involving
credit-default swaps, to grant the Federal Reserve Board
authority over investment-bank holding companies, and for
other purposes; to the Committee on Banking, Housing, and
Urban Affairs.
By Mr. SANDERS:
S. 3692. A bill to rescind Treasury Notice 2008-83; to the
Committee on Finance.
By Mr. SANDERS (for himself, Mrs. Lincoln, and Mrs.
Boxer):
S. 3693. A bill to limit the amount of compensation for
employees and executives of financial institutions assisted
under the Troubled Asset Relief Program, and for other
purposes; to the Committee on Banking, Housing, and Urban
Affairs.
By Mr. SANDERS (for himself, Mr. Inhofe, and Mrs.
Lincoln):
S. 3694. A bill to amend the Emergency Economic
Stabilization Act to limit obligations to $350,000,000,000,
absent majority approval by the Congress; to the Committee on
Banking, Housing, and Urban Affairs.
By Mr. ENSIGN:
S. 3695. A bill to require a 50-hour workweek for Federal
prison inmates, to reform inmate work programs, and for other
purposes; to the Committee on the Judiciary.
By Mr. STEVENS (for himself and Ms. Murkowski):
S. 3696. A bill to establish a grant program to encourage
retooling of entities in the timber industry in Alaska, and
for other purposes; to the Committee on Environment and
Public Works.
By Mr. INHOFE:
S. 3697. A bill to amend the Emergency Economic
Stabilization Act to require approval by the Congress for
certain expenditures for the Troubled Asset Relief Program;
to the Committee on Banking, Housing, and Urban Affairs.
By Mrs. FEINSTEIN (for herself and Ms. Snowe):
S. 3698. A bill to prohibit any recipient of emergency
Federal economic assistance from using such funds for
lobbying expenditures or political contributions, to improve
transparency, enhance accountability, encourage responsible
corporate governance, and for other purposes; to the
Committee on Banking, Housing, and Urban Affairs.
By Ms. SNOWE:
S. 3699. A bill to direct the Administrator of the Small
Business Administration to reform and improve the HUBZone
program for small business concerns, and for other purposes;
to the Committee on Small Business and Entrepreneurship.
By Mr. KERRY (for himself, Mr. Specter, Mr. Lautenberg,
Mr. Inouye, Mr. Brown, Ms. Stabenow, Mrs. Feinstein,
Mr. Dodd, Mr. Casey, Mr. Lieberman, Mr. Whitehouse,
Mrs. Clinton, Mr. Schumer, Ms. Snowe, Mr. Menendez,
and Mr. Carper):
S. 3700. A bill to encourage and support the development of
high-speed passenger rail transportation in the United
States, and for other purposes; to the Committee on Finance.
By Mr. DODD (for himself and Mr. Hatch):
S. 3701. A bill to provide assistance to Best Buddies to
support the expansion and development of mentoring programs,
and for other purposes; to the Committee on Health,
Education, Labor, and Pensions.
By Mr. VITTER:
S. 3702. A bill to provide for full and open competition
for Federal contracts related to natural disaster
reconstruction efforts; to the Committee on Homeland Security
and Governmental Affairs.
By Mr. VITTER:
S. 3703. A bill to ensure efficiency and fairness in the
awarding of Federal contracts in connection with natural
disaster reconstruction efforts; to the Committee on Homeland
Security and Governmental Affairs.
By Ms. SNOWE (for herself and Mr. Whitehouse):
S. 3704. A bill to authorize additional Federal Bureau of
Investigation field agents to investigate financial crimes;
to the Committee on the Judiciary.
By Ms. SNOWE:
S. 3705. A bill to amend the Small Business Act and the
Small Business Investment Act of 1958 to stop the small
business credit crunch, and for other purposes; to the
Committee on Finance.
By Mrs. CLINTON:
S. 3706. A bill to amend part D of title IV of the Social
Security Act to prohibit States from charging child support
recipients for the collection of child support; to the
Committee on Finance.
By Mrs. CLINTON:
S. 3707. A bill to recruit, train, and support principals
for high-need schools who are effective in improving student
academic achievement; to the Committee on Health, Education,
Labor, and Pensions.
By Mrs. CLINTON:
S. 3708. A bill to amend the Public Health Service Act with
respect to health professions education, and for other
purposes; to the Committee on Health, Education, Labor, and
Pensions.

____________________

SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS

The following concurrent resolutions and Senate resolutions were
read, and referred (or acted upon), as indicated:

By Mr. LEAHY:
S. Res. 707. An original resolution authorizing the
President of the Senate to certify the facts of the failure
of Joshua Bolten, as the Custodian of Records at the White
House, to appear before the Committee on the Judiciary and
produce documents as required by Committee subpoena; from the

[[Page 24219]]

Committee on the Judiciary; placed on the calendar.
By Mr. LEAHY:
S. Res. 708. An original resolution authorizing the
President of the Senate to certify the facts of the failure
of Karl Rove to appear and testify before the Committee on
the Judiciary and to produce documents as required by
Committee subpoena; from the Committee on the Judiciary;
placed on the calendar.
By Mr. KERRY (for himself, Ms. Snowe, Mrs. Boxer, Ms.
Cantwell, and Mr. Reed):
S. Res. 709. A resolution expressing the sense of the
Senate that the United States should pursue the adoption of
bluefin tuna conservation and management measures at the 16th
Special Meeting of the International Commission on the
Conservation of Atlantic Tunas; to the Committee on Commerce,
Science, and Transportation.

____________________

ADDITIONAL COSPONSORS

S. 1130

At the request of Mr. Smith, the name of the Senator from Maryland
(Mr. Cardin) was added as a cosponsor of S. 1130, a bill to amend the
Internal Revenue Code of 1986 to restore, increase, and make permanent
the exclusion from gross income for amounts received under qualified
group legal services plans.

S. 1359

At the request of Mrs. Murray, the name of the Senator from New
Jersey (Mr. Menendez) was added as a cosponsor of S. 1359, a bill to
amend the Public Health Service Act to enhance public and health
professional awareness and understanding of lupus and to strengthen the
Nation's research efforts to identify the causes and cure of lupus.

S. 2063

At the request of Mr. Conrad, the name of the Senator from Minnesota
(Ms. Klobuchar) was added as a cosponsor of S. 2063, a bill to
establish a Bipartisan Task Force for Responsible Fiscal Action, to
assure the economic security of the United States, and to expand future
prosperity and growth for all Americans.

S. 2173

At the request of Mr. Harkin, the name of the Senator from Washington
(Mrs. Murray) was added as a cosponsor of S. 2173, a bill to amend the
Elementary and Secondary Education Act of 1965 to improve standards for
physical education.

S. 2372

At the request of Ms. Cantwell, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 2372, a bill to
amend the Harmonized Tariff Schedule of the United States to modify the
tariffs on certain footwear.

S. 2723

At the request of Mr. Brown, the name of the Senator from New Jersey
(Mr. Menendez) was added as a cosponsor of S. 2723, a bill to expand
the dental workforce and improve dental access, prevention, and data
reporting, and for other purposes.

S. 3256

At the request of Mrs. Boxer, the name of the Senator from Washington
(Ms. Cantwell) was added as a cosponsor of S. 3256, a bill to provide a
supplemental funding source for catastrophic emergency wildland fire
suppression activities on Department of the Interior and National
Forest System lands, to require the Secretary of the Interior and the
Secretary of Agriculture to develop a cohesive wildland fire management
strategy, and for other purposes.

S. 3331

At the request of Mr. Baucus, the name of the Senator from North
Carolina (Mr. Burr) was added as a cosponsor of S. 3331, a bill to
amend the Internal Revenue Code of 1986 to require that the payment of
the manufacturers' excise tax on recreational equipment be paid
quarterly.

S. 3359

At the request of Ms. Cantwell, the name of the Senator from
Washington (Mrs. Murray) was added as a cosponsor of S. 3359, a bill to
amend the Internal Revenue Code of 1986 to repeal the shipping
investment withdrawal rules in section 955 and to provide an incentive
to reinvest foreign shipping earnings in the United States.

S. 3364

At the request of Mr. Leahy, his name was added as a cosponsor of S.
3364, a bill to increase the recruitment and retention of school
counselors, school social workers, and school psychologists by low-
income local educational agencies.

S. 3398

At the request of Mr. Kennedy, the name of the Senator from
Pennsylvania (Mr. Casey) was added as a cosponsor of S. 3398, a bill to
amend the Federal Food, Drug, and Cosmetic Act with respect to
liability under State and local requirements respecting devices.

S. 3483

At the request of Mr. Ensign, the name of the Senator from New
Hampshire (Mr. Gregg) was added as a cosponsor of S. 3483, a bill to
improve consumer access to passenger vehicle loss data held by
insurers.

S. 3487

At the request of Mr. Kennedy, the names of the Senator from Nevada
(Mr. Reid) and the Senator from West Virginia (Mr. Rockefeller) were
added as cosponsors of S. 3487, a bill to amend the National and
Community Service Act of 1990 to expand and improve opportunities for
service, and for other purposes.

S. 3539

At the request of Ms. Collins, the names of the Senator from
Tennessee (Mr. Corker) and the Senator from Maine (Ms. Snowe) were
added as cosponsors of S. 3539, a bill to require the Secretary of the
Treasury to mint coins in commemoration of the centennial of the
establishment of the Girl Scouts of the United States of America.

S. 3663

At the request of Mr. Rockefeller, the name of the Senator from North
Dakota (Mr. Dorgan) was added as a cosponsor of S. 3663, a bill to
require the Federal Communications Commission to provide for a short-
term extension of the analog television broadcasting authority so that
essential public safety announcements and digital television transition
information may be provided for a short time during the transition to
digital television broadcasting.

S. 3683

At the request of Mr. Inhofe, the names of the Senator from South
Carolina (Mr. DeMint), the Senator from Vermont (Mr. Sanders), the
Senator from Kansas (Mr. Roberts) and the Senator from Louisiana (Mr.
Vitter) were added as cosponsors of S. 3683, a bill to amend the
Emergency Economic Stabilization Act to require approval by the
Congress for certain expenditures for the Troubled Asset Relief
Program.

S. 3684

At the request of Ms. Mikulski, the names of the Senator from
Maryland (Mr. Cardin) and the Senator from Ohio (Mr. Brown) were added
as cosponsors of S. 3684, a bill to amend the Internal Revenue Code of
1986 to allow an above-the-line deduction against individual income tax
for interest in indebtedness and for State sales and excise taxes with
respect to the purchase of certain motor vehicles.

S. 3685

At the request of Mrs. Feinstein, the names of the Senator from New
York (Mr. Schumer) and the Senator from Maine (Ms. Snowe) were added as
cosponsors of S. 3685, a bill to prohibit the selling and
counterfeiting of tickets for a Presidential inaugural ceremony.

____________________

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mrs. FEINSTEIN (for herself and Ms. Snowe):
S. 3698. A bill to prohibit any recipient of emergency Federal
economic assistance from using such funds for lobbying expenditures or
political contributions, to improve transparency, enhance
accountability, encourage responsible corporate governance, and for
other purposes; to the Committee on Banking, Housing, and Urban
Affairs.
Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and
Senator Snowe to introduce legislation

[[Page 24220]]

that will enhance transparency, strengthen oversight, and encourage
responsible corporate governance for firms receiving financial
lifelines from the Federal Government.
Our bill--the Accountability for Economic Rescue Assistance Act--will
achieve four essential objectives.
It will prohibit firms receiving loans from the Federal Reserve or
any of the $700 billion economic rescue funds from Treasury from using
this money for lobbying expenditures or political contributions;
require that firms receiving government assistance provide detailed,
publically available quarterly reports to Treasury outlining how
taxpayer dollars have been used; establish corporate governance
standards to ensure that firms receiving federal assistance do not
waste money on unnecessary expenditures; and, create penalties of at
least $100,000 per violation for firms that fail to meet the corporate
governance standards established in the bill.
The need for such legislation has become apparent in the weeks since
Congress approved the economic rescue plan.
Since then, news reports have uncovered multiple instances in which
rescued firms have been caught making unnecessary and outrageous
expenditures, which calls their assistance from taxpayers into
question.
Last week, Treasury Secretary Paulson announced that the $700 billion
approved by Congress to stabilize financial markets would not be used
to purchase illiquid assets but rather to make direct capital
injections into financial institutions.
Given this new mission, the need for additional transparency and
disclosure is striking.
We have learned that we cannot necessarily count on these firms and
their executives to act sensibly and do what is right.
The public needs to know that their tax dollars are being put to good
use. A simple ``trust me'' from the bank executives is not enough.
On October 16th, the Wall Street Journal reported that American
Insurance Group, AIG, which received billions of dollars in Federal
rescue funds, was continuing to lobby state regulators to delay
implementation of strengthened licensing standards for mortgage brokers
and lenders.
AIG was lobbying against sensible standards created by the SAFE
Mortgage Licensing Act of 2008. This bill, introduced by Senator
Martinez and myself, established basic minimum regulations for the
mortgage industry to ensure consumers were adequately protected.
Before this bill, in some states virtually anyone--even those with
criminal records--could go out and get a mortgage broker's license.
Left unchecked, and with no regulations to stop them, unscrupulous
mortgage brokers and lenders flooded the markets with subprime loans
that they knew would never be paid back, and this served as one of the
catalysts for our current economic predicament.
Now AIG, having succumbed to bad investments and propped up by
billions in government money, was lobbying against the strong
enforcement of state laws that might have helped prevent this
catastrophe in the first place.
Senator Martinez and I wrote a letter to AIG and, to the company's
credit, CEO Edward Liddy immediately suspended the company's lobbying
operations.
I find it completely unacceptable that taxpayer dollars intended to
stabilize the economy could find their way into the bank accounts of
lobbying firms. The legislation which I introduce today will make sure
that doesn't happen.
I do not mean to pick on AIG, but they have also been the poster
child for wasteful spending by rescued firms.
In September, just days after receiving an $85 billion federal
lifeline, the management of AIG treated itself to a $444,000 spa
weekend at the St. Regis resort in Monarch Beach, California. This
included $200,000 for rooms, $150,000 for fine dining and $23,000 in
spa charges.
AIG executives spent the last two days of September on a golf outing
at Mandalay Bay in Las Vegas at a cost of up to $500,000. They were
planning to follow this with a few days at the Ritz Carlton in Half
Moon Bay, but cancelled after it hit the news and drew fire from
Congressional leaders.
As news of these wasteful expenditures was making headlines, AIG
received another $37.8 billion in emergency loans from the Federal
Government. Shortly thereafter, the Associated Press reported that--
even as AIG was asking Congress for these loans--AIG executives were
spending $86,000 on a pheasant hunting expedition in England. During
the trip, they stayed at a 17th century manor.
One AIG executive named Sebastian Preil was quoted as saying that:
``The recession will go on until about 2011, but the shooting was great
today and we are relaxing fine.''
Once these lapses in judgment came to light, AIG chief executive
Edward Liddy informed Congress that he was putting an end to all
nonessential expenditures. Yet earlier this month, an undercover news
crew caught AIG executives at the Hilton Squaw Peak Resort in Phoenix,
hosting a seminar for financial planners complete with cocktails and
limousines.
One would think that a brush with collapse and total failure might
have a sobering effect on some of these firms.
But this penchant for wasteful junkets in the face of complete
failure was not unique to AIG.
The Wachovia Corporation was caught shipping its top brokers off to
the Greek Isles on a cruise ship for an all-expenses paid luxury trip--
even as the company awaited a buyout potentially backed by taxpayers.
Wachovia cancelled the trip due to the storm of criticism attracted
by this stunning display of what the ancient Greeks called hubris.
While the economic rescue legislation passed in September includes
several oversight boards and accountability provisions to ensure that
public funds are effectively distributed, the bill does not include any
reporting requirements for firms that receive Federal dollars.
This is a significant omission, especially given the amount of
Federal money that some firms are receiving.
The Treasury Department has already approved the purchase of $160
billion of preferred stock in 30 financial institutions. We know that
of these funds $125 billion was allocated to nine large national banks.
It was also reported last week that AIG will receive an additional
$40 billion, meaning that at least $165 billion of the economic rescue
funding will be allocated to only 10 firms.
When you add up all of the taxpayer dollars put on the line--from $30
billion provided to Bear Stearns in March, $200 billion available to
Fannie Mae and Freddie Mac, $150 billion to AIG, $700 billion in
economic rescue funds, plus the direct lending programs at the Federal
Reserve--we are talking about well over 1 trillion Federal dollars.
I certainly don't think it is unreasonable for the public to know how
their money is being spent.
As the end of the year nears, we are approaching bonus time on Wall
Street. Certainly Americans deserve assurances that struggling firms
will not use public funds to pay higher bonuses.
The same can be said for these funds going towards dividend payments,
or mergers and acquisitions.
Shining light on how firms use public dollars not only makes good
sense, but it will also act as a deterrent to irresponsible behavior.
My vote on the economic stabilization bill was one of the toughest I
have taken during my time in the Senate.
My office received more than 160,000 calls, letters, and e-mails from
Californians concerned about this course of action.
But, I decided to support the bill to ensure that action would be
quickly taken to ease the flow of credit to consumers and businesses.
Our economy continues to struggle today. The money approved by
Congress must be used sensibly to ensure its maximum impact.
Americans are struggling, and the pain in my State of California,
where unemployment is 7.7 percent, and foreclosure filings exceed
680,000 this year, is especially acute.

[[Page 24221]]

This bill puts in place commonsense solutions to fix some of the
deficiencies in the economic stabilization bill.
This bill is significant and sorely needed. We must act soon to help
restore confidence in this effort and shed light on how public funds
are used. We promised the American people transparency and oversight,
and this legislation will make good on that promise.
I hope my colleagues will join me to ensure that taxpayer dollars are
spent efficiently and responsibly.
______

By Ms. SNOWE:
S. 3699. A bill to direct the Administrator of the Small Business
Administration to reform and improve the HUBZone program for small
business concerns, and for other purposes; to the Committee on Small
Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today in support of the passage of
the HUBZone Improvement Act of 2008. This vital legislation would
address the Government Accountability Office's recent recommendations
to improve the Small Business Administration's administration and
oversight of the Historically Underutilized Business Zone, HUBZone,
program and ensure that only eligible firms participate in this crucial
program.
As former chair and now ranking member of the Senate Committee on
Small Business and Entrepreneurship, I have been a longstanding
champion for small business programs such as the HUBZone program. The
HUBZone program provides Federal contracting assistance to small firms
located in economically distressed areas, with the intent of
stimulating economic development. According to the GAO, as of February
2008, 12,986 certified businesses have participated in the HUBZone
program since its inception. And in fiscal year 2007, over 4,200
HUBZone firms obtained approximately $8.1 billion in Federal contracts.
In these troubling economic times, the HUBZone program is something our
country needs now more than ever.
The mechanisms that the SBA uses to certify and monitor HUBZone firms
provide limited assurance that only eligible firms participate in the
program. Unfortunately, according to a recent GAO report and analysis
of 125 applications submitted in September of 2007, the SBA only
requested supporting documentation, which helps to clarify the status
of the business, for 36 percent of the applications and only conducted
a single site visit for all 125 applicants. While the SBA's policies
and procedures require program examinations, the agency only conducts
them on 5 percent of certified HUBZone firms each year. This is a
glaring lack of oversight that must be rectified.
The legislation I introduce today, the HUBZone Improvement Act of
2008, would take immediate steps to correct the lack of effective
administrative oversight by requiring more routine and consistent
supporting documentation during the program's application process. In
its report, the GAO found that the SBA relies on Federal law to
identify qualified HUBZone areas, but the map it uses to publicize
HUBZone areas is inaccurate, and the economic characteristics of
designated areas vary widely. My bill would require that the SBA take
immediate steps to correct and update the map that the SBA uses to
identify HUBZone areas and implement procedures to ensure that the map
is updated with the most recently available data on a more frequent
basis.
The GAO also found that the mechanisms that SBA uses to certify and
monitor firms provide limited assurance that only eligible firms
participate in the program. The GAO found that more than 4,600 firms
that had been in the program for at least 3 years went unmonitored. My
legislation would require the SBA to develop and implement guidance to
more routinely and consistently obtain supporting documentation upon
application and conduct more frequent site visits, as appropriate, to
ensure that firms applying for certification are eligible. These
commonsense achievable steps would help to eliminate participant fraud
and misrepresentation, and ensure that firms applying for HUBZone
certification are truly lawful and eligible businesses.
In its report, the GAO illustrates the SBA lack of a formal policy on
how quickly it needs to make a final determination on decertifying
firms that may no longer be eligible for the HUBZone program. According
to the GAO, of the more than 3,600 firms proposed for decertification
in fiscal years 2006 and 2007, more than 1,400 were not processed
within 60 days--the SBA's targeted timeline. As a result of these
weaknesses, there is an increased risk that ineligible firms have
participated in the program and had opportunities to receive Federal
contracts based on their HUBZone certification. My legislation would
require the SBA to formalize and adhere to a specific timeframe for
processing firms proposed for decertification in the future, as well as
require further developed measures in assessing the effectiveness of
the HUBZone program.
Moreover, the Federal Government must strive to continue to provide
additional contracting opportunities to those who are legitimate
HUBZone firms. I am dismayed by the innumerable ways that government
agencies have time and again egregiously failed to meet most of their
small business contracting goals. I am alarmed that only one Federal
small business contracting program--the small disadvantage business
program--has met its statutory goal, and that the three other small
business goaling programs have all fallen drastically short. For
example, in fiscal year 2007, the HUBZone program met only 2.2 percent
of its three percent government-wide goal. The Federal Government can
and must provide more to our country's hardworking small businesses.
In my home State of Maine, only 118 of 41,026 small businesses are
qualified HUBZone businesses. HUBZones represent a tremendous tool for
replacing lost jobs for our Nation's declining manufacturing and
industrial sectors--clearly, this program should be better utilized.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3699

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 ``HUBZone Improvement Act of
2008''.

SEC. 2. DEFINITIONS.

In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the terms ``HUBZone'' and ``HUBZone small business
concern'' have the meanings given such terms in section 3 of
the Small Business Act (15 U.S.C. 632); and
(3) the term ``recertification'' means determining whether
a business concern that was previously determined to be a
qualified HUBZone small business concern is a qualified
HUBZone small business concern under section 3(p)(5) of the
Small Business Act (15 U.S.C. 632(p)(5)).

SEC. 3. PURPOSE; FINDINGS.

(a) Purpose.--The purpose of this Act is to reform and
improve the HUBZone program of the Administration.
(b) Findings.--Congress finds the following:
(1) The HUBZone program was established under the HUBZone
Act of 1997 (Public Law 105-135; 111 Stat. 2627) to stimulate
economic development through increased employment and capital
investment by providing Federal contracting preferences to
small business concerns in economically distressed
communities or HUBZone areas.
(2) According to the Government Accountability Office--
(A) as of February 2008, 12,986 certified firms have
participated in the HUBZone program since its inception; and
(B) in fiscal year 2007, over 4,200 HUBZone small business
concerns obtained approximately $8,100,000,000 in Federal
contracts.
(3) The Government Accountability Office also identified
numerous concerns with the HUBZone program, including that--
(A) the Administration verifies the information received by
the Administration from HUBZone small business concerns in
limited instances and has limited assurances that only
eligible firms participated in the HUBZone program;
(B) by not obtaining documentation and conducting site
visits on a more routine basis during the certification
process, the

[[Page 24222]]

Administration cannot be sure that only eligible firms are
part of the HUBZone program; and
(C) although the examination process of the Administration
involves a more extensive review of documentation, the
examination process cannot be relied upon to ensure that only
eligible firms participate in the HUBZone program because the
examination process involves only 5 percent of firms in any
given year.

SEC. 4. HUBZONE IMPROVEMENTS.

The Administrator shall--
(1) as soon as is practicable, correct and update the map
that is used by the Administration to identify HUBZones and
implement procedures to ensure that the map is updated with
the most recently available data on a more frequent basis;
(2) develop and implement guidance for determining whether
an applicant is a qualified HUBZone small business concern
under section 3(p)(5) of the Small Business Act (15 U.S.C.
632(p)(5)), including more routinely and consistently
obtaining supporting documentation from an applicant and
conducting more frequent site visits, as appropriate;
(3) establish a date by which the Administrator shall
eliminating the backlog of applications for recertification;
(4) ensure that the Administration eliminates the backlog
described in paragraph (3) by the date established under
paragraph (3), using officers and employees of the
Administration or by entering into a contract with a private
entity;
(5) establish and implement a time period for completing a
recertification; and
(6) develop measures and implement plans to assess the
effectiveness of the HUBZone program that take into account--
(A) the economic characteristics of the HUBZone; and
(B) contracts being counted under multiple socioeconomic
subcategories.

SEC. 5. REPORT.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report regarding
the implementation of this Act.
______

By Mr. KERRY (for himself, Mr. Specter, Mr. Lautenberg, Mr.
Inouye, Mr. Brown, Ms. Stabenow, Mrs. Feinstein, Mr. Dodd, Mr.
Casey, Mr. Lieberman, Mr. Whitehouse, Mrs. Clinton, Mr.
Schumer, Ms. Snowe, Mr. Menendez, and Mr. Carper):
S. 3700. A bill to encourage and support the development of high-
speed passenger rail transportation in the United States, and for other
purposes; to the Committee on Finance.
Mr. KERRY. Mr. President, this has been a volatile time for our
financial system and our economy. Hopefully, we will be able to agree
on a short-term stimulus relief that will help families who are
suffering and states meet their financial obligations.
Next, we need to create new jobs by updating our infrastructure to
help respond to the current challenges to our economy. I believe a
first-rate American rail system is a critical part of the efforts to
create jobs and expand our economy. It will also help make our air
cleaner, ease traffic congestion, save families' money and time, and
lessen our dependence on foreign oil.
That is why today, Senator Specter and I are introducing the High-
Speed Rail for America Act of 2008. Senators Lautenberg, Inouye, Brown,
Stabenow, Feinstein, Dodd, Casey, Lieberman, Whitehouse, Clinton,
Schumer, Snowe, and Menendez are cosponsors. This legislation provides
a bold new vision of how we approach transportation policy to expand
our economy and keep up with changes in our society.
The High-Speed Rail for America Act of 2008 builds upon the Passenger
Rail Investment and Improvement Act of 2008 which reauthorizes Amtrak
and authorizes $1.5 billion over a five-year period to finance the
construction and equipment for 11 highspeed rail corridors. I want to
thank Senator Lautenberg for his leadership on reauthorizing Amtrak and
making investment in high-speed rail a priority.
Today, Amtrak's Acela train on the Northeast Corridor is capable of
reaching 150 miles per hour. However, due to a lack of infrastructure
improvements, the Acela train only travels at 150 miles per hour on an
18-mile stretch in Rhode Island and a 10-mile stretch in Massachusetts.
We must make appropriate improvements to our railroad tracks and
bridges to allow high speed rail to work properly.
While the U.S. is investing heavily in other forms of transportation,
our investment in world class rail is dwarfed by other countries. For
example, Germany's federal government gives its states $8.9 billion a
year for rail projects, France spends twenty times more per capita on
rail than the U.S., and the Ministry of Railways in China invested
$19.6 billion in rail in the first half of 2008 alone. That is why we
need to provide a constant source of funding for investment in high-
speed rail. The High-Speed Rail for America Act of 2008 will take our
outdated and underfunded passenger rail system and transform it into a
world class system.
The High-Speed Rail for America Act of 2008 builds on the
authorization of highspeed rail grants by providing billions of dollars
in both tax exempt and tax credit bonds. It provides assistance for
rail projects of various speeds. The bill creates the Office of High-
Speed Passenger Rail to oversee the development of high-speed rail and
provides a consistent source of funding. This office will ensure that
we have the leadership to keep this mission on track.
High-speed rail is often the fastest and most reliable way to get
from downtown to downtown between most cities 100-500 miles apart.
High-speed rail can save up to an hour per trip when compared to air
travel and reduces trip time by more than 50 percent compared to
driving. The legislation provides $8 billion over a 6-year period for
tax-exempt bonds which finance high-speed rail projects which reach a
speed of at least 110 miles per hour. This speed is often most
practical for corridors of less than 100 miles or for less travelled
routes which cannot justify the investment into world class high-speed
rail traveling at 150 miles per hour.
The High-Speed Rail for America Act of 2008 also creates a new
category of tax-credit bonds: qualified rail bonds. There are two
types: super high-speed intercity rail facility bond and rail
infrastructure bond. Super high-speed rail intercity facility bonds
will encourage the development of true high-speed rail. The legislation
provides $10 billion for these bonds over a six-year period. Rail
projects that reach a speed of at least 150 miles per hour will be
eligible for these bonds. This would help finance projects including
the proposed California corridor and make needed improvements to the
Northeast corridor.
Rail infrastructure bonds will fund projects approved by the U.S.
Department of Transportation and be part of a State's official rail
plan. The High-Speed Rail for America Act of 2008 provides $5.4 billion
over a 6-year period for this type of bond. The Federal Rail
Administration has already designated ten rail corridors that these
bonds could help fund, including connecting the cities of the Midwest
through Chicago, connecting the cities of the Northwest, connecting the
major cities within Texas and Florida, and connecting all the cities up
and down the East Coast. These are projects that are ready to go, but
they need a source of financing.
The need for a bold shift in the way we approach transportation is
clear. Traffic congestion continues to worsen in cities across the
country, creating a $78 billion drain on the U.S. economy with 4.2
billion lost man hours of work and 2.8 billion gallons of wasted fuel.
Last year, domestic flight delays cost the economy $41 billion and
consumed about 740 million additional gallons of jet fuel waiting on
the ground. Passenger rail reduces congestion and is an effective
alternative to highway and air transportation. Americans want
alternatives--and we can deliver them.
We must focus on making the transportation sector part of the
solution to global climate change. The transportation sector accounts
for approximately one-third of U.S. CO2 emissions--and
automobiles make up 60 percent of that. Public transportation is an
essential part of the solution to global warming. According to the
American Public Transportation Association, public transportation
reduces CO2 emissions by 37 million metric tons annually and
saves the average American household over $6,000 annually.

[[Page 24223]]

The demand for alternative forms of transportation is only growing.
The number of people riding Amtrak surged by more than 13 percent in
July 2008 from a year earlier--the most passengers carried in any month
during Amtrak's 37 year history. Amtrak ridership set an all-time
record for fiscal year 2008, achieving growth of 11 percent.
As we look towards economic stimulus legislation next year, we must
rethink the approach we have taken towards mobility in this country.
Countries around the world have realized the benefits of high-speed
rail and continue to build out their systems as we fall farther and
farther behind. For far too long, we have not made adequate investment
in our infrastructure. We cannot let this pattern continue.
We have all heard the skeptics and cynics dismiss the idea of high-
speed rail for decades, but due to high energy prices, increased
passenger rail ridership, and the need to reduce greenhouse gasses, the
time is ripe for a big change. Not only will this change create a
modern and reliable transportation network in the Untied States, it
will provide tens of thousands of good new jobs and help stimulate the
sluggish economy.
I pledge to continue fighting for the development of a modern high-
speed rail system connecting the major cities across America, and I ask
all my colleagues to support making this vision a reality.
______

By Mr. DODD (for himself and Mr. Hatch):
S. 3701. A bill to provide assistance to Best Buddies to support the
expansion and development of mentoring programs, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. DODD. Mr. President, I rise today to introduce with Senator Orrin
Hatch the Best Buddies Empowerment for People with Intellectual
Disabilities Act of 2008. The bill we are introducing would help to
integrate individuals with intellectual disabilities into their
communities, improve their quality of life and promote the
extraordinary gifts of these individuals.
I am proud to be introducing this bill with my good friend Senator
Hatch. He has been a long time leader in this cause, and most recently
worked with Senator Harkin, Senator Kennedy, myself and others to pass
the Americans with Disabilities Act Amendments Act of 2008. We, as a
society, have an obligation to do all we can to include individuals
with disabilities and help them to reach their full potentials.
Yet, as one study on teen attitudes notes: ``Legal mandates cannot,
however, mandate acceptance by peers, neighbors, fellow employees,
employers or any of the other groups of individuals who directly impact
the lives of people with disabilities.'' People with intellectual
disabilities have indeed gained many rights that have improved their
lives; however, negative stereotypes abound. Social isolation,
unfortunately, is the norm for people with intellectual disabilities.
Early intervention, effective education, and appropriate support go a
long way to helping someone with intellectual disabilities achieve at
the best of his or her abilities and lead a meaningful life in the
community. I would like to tell you about the accomplishments of Best
Buddies, a remarkable non-profit organization that is dedicated to
helping people with intellectual disabilities develop relationships
that will provide the kind of support that will help them reach their
potential.
Founded in 1989, Best Buddies is the only national social and
recreational program in the United States for people with intellectual
disabilities. Best Buddies works to enhance the lives of people with
intellectual disabilities by providing opportunities for friendship and
integrated employment. Through more than 1,000 volunteer-run chapters
at middle schools, high schools and colleges, students with and without
intellectual disabilities are paired up in a one-to-one mentoring
friendship. Best Buddies also facilitates an Internet pen pal program,
an adult friendship program, and a supported employment program.
Approximately 7 million people in the United States have an
intellectual disability; every one of these individuals would benefit
from the kind of relationships that the Best Buddies programs help to
establish. The resulting friendships are mutually beneficial,
increasing the self-esteem, confidence, and abilities of people both
with and without intellectual disabilities.
The legislation we are introducing today allows the Secretary of
Education to award grants to promote the expansion of the Best Buddies
programs and to increase participation in and public awareness about
these programs. The bill authorizes $10 million for fiscal year 2009
and such sums as necessary through fiscal year 2013. If passed, this
legislation would allow Best Buddies to expand their work and offer
programs in every state in America, helping to create a more inclusive
society with a direct and positive impact on more than 1.2 million
citizens.
I thank my colleague Senator Hatch for working with me on this
legislation. And I applaud Representatives Hoyer and Blunt, who have
introduced a similar measure in the House. I urge my colleagues to join
with me in supporting this important legislation that will make a
positive--and needed--difference in the lives of individuals with
intellectual disabilities and in the lives of those with whom they
develop relationships.
Mr. President, I ask unanimous consent that the text of this bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3701

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 ``Best Buddies Empowerment for
People with Intellectual Disabilities Act of 2008''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) Best Buddies operates the first national social and
recreational program in the United States for people with
intellectual disabilities.
(2) Best Buddies is dedicated to helping people with
intellectual disabilities become part of mainstream society.
(3) Best Buddies is determined to end social isolation for
people with intellectual disabilities by establishing
meaningful friendships between them and their non-disabled
peers in order to help increase the self-esteem, confidence,
and abilities of people with and without intellectual
disabilities.
(4) Since 1989, Best Buddies has enhanced the lives of
people with intellectual disabilities by providing
opportunities for 1-to-1 friendships and integrated
employment.
(5) Best Buddies is an international organization spanning
1,300 middle school, high school, and college campuses.
(6) Best Buddies implements programs that will positively
impact more than 350,000 individuals in 2008 and expects to
impact 500,000 people by 2010.
(7) The Best Buddies Middle Schools program matches middle
school students with intellectual disabilities with other
middle school students and creates 1-to-1 friendships between
them.
(8) The Best Buddies High Schools program matches high
school students with intellectual disabilities with other
high school students and creates 1-to-1 friendships between
them.
(9) The Best Buddies Colleges program matches adults with
intellectual disabilities with college students and creates
1-to-1 friendships between them.
(10) The Best Buddies e-Buddies program creates e-mail
friendships between people with and without intellectual
disabilities.
(11) The Best Buddies Citizens program pairs adults with
intellectual disabilities in 1-to-1 friendships with other
individuals in the corporate and civic communities.
(12) The Best Buddies Jobs program promotes the integration
of people with intellectual disabilities into the community
through supported employment.
(b) Purpose.--The purposes of this Act are to--
(1) provide support to Best Buddies to increase
participation in and public awareness about Best Buddies
programs that serve people with intellectual disabilities;
(2) dispel negative stereotypes about people with
intellectual disabilities; and
(3) promote the extraordinary gifts of people with
intellectual disabilities.

SEC. 3. ASSISTANCE FOR BEST BUDDIES.

(a) Education Activities.--The Secretary of Education may
award grants to, or enter into contracts or cooperative
agreements with, Best Buddies to carry out activities to

[[Page 24224]]

promote the expansion of Best Buddies, including activities
to increase the participation of people with intellectual
disabilities in social relationships and other aspects of
community life, including education and employment, within
the United States.
(b) Limitations.--
(1) In general.--Amounts appropriated to carry out this Act
may not be used for direct treatment of diseases, medical
conditions, or mental health conditions.
(2) Administrative activities.--Not more than 5 percent of
amounts appropriated to carry out this Act for a fiscal year
may be used for administrative activities.
(c) Rule of Construction.--Nothing in this Act shall be
construed to limit the use of non-Federal funds by Best
Buddies.

SEC. 4. APPLICATION AND ANNUAL REPORT.

(a) Application.--
(1) In general.--To be eligible for a grant, contract, or
cooperative agreement under section 3(a), Best Buddies shall
submit an application at such time, in such manner, and
containing such information as the Secretary of Education may
require.
(2) Content.--At a minimum, an application under this
subsection shall contain the following:
(A) A description of activities to be carried out under the
grant, contract, or cooperative agreement.
(B) Information on specific measurable goals and objectives
to be achieved through activities carried out under the
grant, contract, or cooperative agreement.
(b) Annual Report.--
(1) In general.--As a condition of receipt of any funds
under section 3(a), Best Buddies shall agree to submit an
annual report at such time, in such manner, and containing
such information as the Secretary of Education may require.
(2) Content.--At a minimum, each annual report under this
subsection shall describe the degree to which progress has
been made toward meeting the specific measurable goals and
objectives described in the applications submitted under
subsection (a).

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary of
Education for grants, contracts, or cooperative agreements
under section 3(a), $10,000,000 for fiscal year 2009, and
such sums as may be necessary for each of the 4 succeeding
fiscal years.
______

By Ms. SNOWE (for herself and Mr. Whitehouse):
S. 3704. A bill to authorize additional Federal Bureau of
Investigation field agents to investigate financial crimes; to the
Committee on the Judiciary.
Ms. SNOWE. Mr. President, I rise to introduce legislation with
Senator WHITEHOUSE to extend the reach of the Federal Bureau of
Investigation into financial crimes that may have helped precipitate
the economic meltdown of the past several months.
We must investigate and scrutinize this financial crisis as we would
a terrorist attack in order to determine its causes and how to preempt
another economic collapse in the United States.
Following the September 11th attacks, the FBI re-directed
approximately 1,000 agents to counterterrorism and counterintelligence
activities. Without a doubt, there is no argument that our country has
benefitted from the dedicated efforts of the men and women of the FBI
who are performing this valuable work.
Over a 10-year period, from fiscal year 1999 to fiscal year 2008,
Congress has increased direct appropriations for the FBI from $2.993
billion and 26,693 positions to $6.658 billion, 122 percent increase,
and 30,211 positions, 13 percent increase. Most of these new resources
were provided in the wake of the September llth terrorist attacks, as
the FBI redirected its resources toward combating domestic and
international terrorism by improving its intelligence gathering and
processing capabilities. As a consequence, for fiscal year 2008, about
60 percent of FBI funding and staffing is allocated to national
security programs, including counterterrorism and counterintelligence.
In view of the breadth and severity of the economic crisis brought on
by events in U.S. financial markets, however, I am very concerned that
criminal wrongdoing may have played a significant role in crippling
some of America's largest companies. Criminal activity, such as fraud,
misrepresentation, self-dealing, and insider trading may have
instigated or exacerbated the financial industry upheaval of 2008.
In order to augment FBI investigations of financial crimes, the FBI
Priorities Act of 2008 authorizes $150 million for each of the fiscal
years 2009 through 2013 to fund approximately 1,000 Federal Bureau of
Investigation field agents in addition to the number of field agents
serving on the date of enactment. It is my hope that this extra
manpower will enable the FBI to develop leads on unlawful actions, dig
deeply into those leads, and bring responsible parties to justice. The
American public deserves no less.
______

By Ms. SNOWE:
S. 3705. A bill to amend the Small Business Act and the Small
Business Investment Act of 1958 to stop the small business credit
crunch, and for other purposes; to the Committee on Finance.
Ms. SNOWE. Mr. President, I rise today to introduce the 10 Steps for
a Main Street Economic Recovery Act of 2008, a measure that will take
dramatic action to finance the growth of our Nation's small businesses,
which represent 99.7 percent of all employers and create approximately
75 percent of net jobs each year. Our country faces a financial crisis
of unprecedented severity that is choking off economic growth and small
business survival by denying all businesses, but especially small
firms, access to the capital they need.
As Ranking Member of the Senate Committee on Small Business and
Entrepreneurship, it has long been my goal to expand access to capital
for small businesses. One of the most valuable assets for realizing
this goal are the Small Business Administration's, SBA's, core lending
programs, including the 7(a) and 504 programs. Historically, when
credit to small businesses has contracted, as is presently the case,
banks have turned to the SBA in order to make loans to small business
owners. Yet, regrettably, during these arduous economic times--we are
not only seeing a significant drop in the amount of business loans made
but we are also seeing credit lines completely shut down and commercial
loans canceled.
Our current economic downturn is drastically more dangerous than any
threat to our financial system in decades. Banks are tightening their
lending standards without a similar increase in the volume of SBA
guaranteed loans to small businesses, creating a domino effect on small
businesses' job creation ability. The Federal Reserve's November 2008
Quarterly Loan Officer Survey finds that, in the last quarter, 75
percent of banks state that they have tightened their lending standards
for small firms. Not surprisingly, lending in the SBA's 7(a) and 504
programs have declined dramatically. Over the past year, lending in the
7(a) program has decreased by 55 percent while loan volume in the 504
program is down 36 percent. Since the U.S. financial market turmoil
began in September, overall SBA lending is down by 50 percent from the
previous year.
This is why I am introducing the 10 Steps for a Main Street Economic
Recovery Act, which, as its title indicates, contains a series of 10
achievable, commonsense steps that could be implemented immediately to
help thaw out frozen credit markets so that small businesses--both in
Maine and across the country--can continue to be the driving force of
our Nation's economy. All of the provisions included in my legislation
would directly address the credit crunch small firms are facing and
help them get the capital necessary to finance business growth.
First, my bill would improve the Small Business Administration's
flagship lending program, the 7(a) program, by increasing the amount of
financing, from $2 million to $3 million, that small firms can secure;
allowing small firms to refinance their 7(a) loans if they can get
better terms with another lender; and simplifying procedures for the
loan poolers who bundle SBA loans in a secondary market that will
generate additional liquidity for small firms and banks.
As a second step, my bill would directly expand small firms' access
to credit by making the SBA's Community Express lending program
permanent. This year, as credit has contracted, demand for the SBA's
Community Express program has increased dramatically. But, because this
is a pilot program, its ability to meet this

[[Page 24225]]

loan demand has been severely restricted, forcing lenders to turn
borrowers away who qualify for Community Express loans.
My legislation also seeks to bring in new and rural lenders, and
teach them how to make SBA loans, by establishing an online loan
underwriting guide to walk lenders through the process. This would
increase the number of banks making SBA loans, from rural Maine to
small towns in California, and ultimately promote small business
owners' overall access to capital.
As a third step, my bill would improve the SBA's 504 loan program by
raising the loan limit from $2 million to $3 million. It would also
permit borrowers to refinance some existing debts into a 504 loan, and
expands the 504 program's ability to finance projects in low-income
communities.
Fourth, the 10 Steps for a Main Street Economic Recovery Act would
rectify the current lack of liquidity in the 504 program by providing a
new short-term guarantee on the first loans in the 504 loan package in
order to encourage investors to buy these securities. Currently,
without such a guarantee, investors are not purchasing the first loans
in the 504 loan package. This is preventing Community Development
Companies, CDCs, from making new 504 loans to small firms. The cost of
this guarantee will be fully covered by participating 504 lenders. Once
enacted into law, this temporary guarantee, which would expire at the
end of fiscal year 2010, would increase investor confidence, encourage
them to buy 504 investments and resurrect demand for 504 loans.
Fifth, my legislation contains large, temporary fee reductions to
defray the cost of borrowing for small business owners and SBA lenders.
My proposal would reduce overall fees for 7(a) and 504 lenders and
borrowers by $510 million dollars, a hefty sum considering that the
SBA's fiscal year 2008 budget was only $663 million. When small firms
lack access to capital, they are unable to buy new inventory, finance
new expansions, or often even cover their payrolls. During these
troubled times, the SBA should do everything within its power,
including lowering lending fees, to help ensure that small firms have
access to the credit they require.
Sixth, as small firms are being turned away from banks and are
seeking credit through micro-lending organizations, my legislation
recognizes that the credit crunch has increased the demand for SBA
microloans. It dedicates $25 million so that SBA microloan providers
can make additional loans and cover the costs of technical assistance
associated with these microloans.
As a seventh step, my bill would raise the maximum amount of
government guaranteed capital a Small Business Investment Company,
SBIC, can control, from $130.6 million to $150 million for a single
SBIC and $225 million for a group of SBICs. This will enable SBICs to
have additional funds to invest in start-up small businesses, which
will be critical in driving economic recovery.
Eighth, this legislation would direct the SBA to develop a nationwide
advertising strategy to direct small firms to SBA lenders, and
dedicates $5 million to pay for this strategy. Today, many local and
community banks have credit they can extend to small firms.
Unfortunately, many small businesses hear that there is a credit crunch
and erroneously believe that no other lenders have financing options
available. This vital advertising will guide small firms to find the
available resources they need through SBA lenders.
As a ninth step, my legislation recognizes that taxes
disproportionately impact small firms' bottom lines. It would provide
tax breaks that will spur small business growth by extending the
increased $250,000 small business expensing limit through 2009. This
will provide small businesses with incentives to invest in plants and
equipment by reducing their cost of capital. Additionally, the bill
would provide small firms with an immediate capital injection by
allowing them to carryback their 2008 or 2009 net operating losses for
5 years and provide business owners with a longer period over which to
offset current losses. These measures will help small companies sustain
operations and continue to employ workers.
Finally, this legislation would clarify that 7(a) and 504 loans are
eligible for the Treasury Department's Troubled Asset Relief Program,
TARP. I have sent a letter, with Senator Kerry, directing the U.S.
Treasury Department to immediately purchase illiquid 7(a) and 504
securities from the secondary market in order to free these markets up
and once again create liquidity for small businesses. Though the
Treasury already has this authority under the TARP, this provision
would clarify that authority so the Treasury can act promptly and
decisively to address the credit crunch's impact on small firms.
In developing this bill, my office reached out to a host of small
businesses and lenders, and consulted with the National Association of
Development Companies and National Association of Guaranteed Government
Lenders.
Given the dimensions of what is occurring in our economy, the SBA and
the Administration must do everything possible to help credit worthy
small businesses secure the loans they need to innovate, access new
markets, hire new employees, and grow. Today, as banks are raising
their credit requirements in order to avoid risk, it is becoming more
and more difficult for small businesses to qualify for loans. The SBA's
lending programs are critical to small businesses in this endeavor.
By implementing the vital provisions contained in the 10 Steps for a
Main Street Economic Recovery Act, we can increase the opportunities
for our Nation's small businesses to not only survive during this
downturn, but to be a catalyst for turning around and reinvigorating
our economy. I encourage my colleagues to join me in supporting the 10
Steps for a Main Street Recovery Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 3705

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

SECTION 1. SHORT TITLE; DEFINITIONS.

(a) Short Title.--This Act may be cited as the ``10 Steps
for a Main Street Economic Recovery Act of 2008''.
(b) Definitions.--In this Act--
(1) the term ``Administration'' means the Small Business
Administration;
(2) the term ``Administrator'' means the Administrator of
the Small Business Administration; and
(3) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632).

SEC. 2. 7(A) LOANS.

(a) Maximum Loan Amount.--Section 7(a)(3)(A) of the Small
Business Act (15 U.S.C. 636(a)(3)(A)) is amended by striking
``$1,500,000 (or if the gross loan amount would exceed
$2,000,000'' and inserting ``$2,500,000 (or if the gross loan
amount would exceed $3,000,000''.
(b) Refinancing Existing Loans.--
(1) In general.--Section 7(a) of the Small Business Act (15
U.S.C. 636) is amended by adding at the end the following:
``(34) Refinancing existing loans.--A borrower that has
received a loan under this subsection may refinance the
balance of the loan by applying for a loan from the lender
that made the original loan or with another lender.''.
(2) Technical amendment.--Section 7(a) of the Small
Business Act (15 U.S.C. 636(a)) is amended by striking ``(32)
Increased'' and inserting ``(33) Increased''.
(c) Alternative Size Standard.--Section 3(a) of the Small
Business Act (15 U.S.C. 632(a)) is amended by adding at the
end the following:
``(5) Optional size standard.--
``(A) In general.--The Administrator shall establish an
optional size standard for business loan applicants under
section 7(a) and development company loan applicants under
title V of the Small Business Investment Act of 1958 (15
U.S.C. 695 et seq.) that uses maximum tangible net worth and
average net income as an alternative to the industry size
standard.
``(B) Interim rule.--Until the date on which the optional
size standards established under subparagraph (A) are in
effect, the alternative size standard in section 121.301(b)
of title 13, Code of Federal Regulations, or any successor
thereto, may be used by business loan applicants under
section 7(a).''.

[[Page 24226]]

(d) Flexibility for Pooling of Large Loans.--Section
5(g)(1) of the Small Business Act (15 U.S.C. 634(g)(1)) is
amended by--
(1) inserting ``(A)'' after ``(1)'';
(2) striking the colon and inserting a period;
(3) striking ``Provided'' and all that follows through
``certificates'' and inserting the following:
``(B) A trust certificate issued under this paragraph'';
and
(4) adding at the end the following:
``(C) For a loan of more than $500,000 that has been
guaranteed by the Administrator under this Act, the
Administrator shall, on the request of a loan pool assembler,
divide the amount of such loan into individual guarantees, no
1 of which may exceed $500,000. Not more than 1 portion of a
loan that has been divided under this subparagraph shall be
included in the same pool. Portions of more than 1 loan
divided under this subparagraph may be included in the same
pool.
``(D) A lender that makes or services a loan guaranteed
under section 7(a) may purchase or hold all or any part of a
loan pool that includes a loan made or serviced by the
lender.
``(E) A purchase or holding by a lender described in
subparagraph (D) shall not affect the guarantee under section
7(a) of a loan in a pool.''.

SEC. 3. COMMUNITY EXPRESS AND RURAL LENDING.

(a) Community Express Program Established.--Section 7(a) of
the Small Business Act (15 U.S.C. 636(a)), as amended by this
Act, is amended by adding at the end the following:
``(35) Community express program.--
``(A) Definitions.--In this paragraph--
``(i) the term `community express program' means the loan
program under this paragraph;
``(ii) the term `eligible small business concern' means--

``(I) a small business concern owned and controlled by
women, as defined in section 29(a)(3);
``(II) a small business concern owned by a qualified Indian
tribe;
``(III) a small business concern owned and controlled by a
socially or economically disadvantaged individual, as
determined by the Administrator;
``(IV) a small business concern owned and controlled by
veterans;
``(V) a small business concern owned and controlled by a
member of a reserve component of the Armed Forces, as defined
in section 101 of title 10, United States Code;
``(VI) a small business concern located in an area that the
Administrator determines to be a low-income or moderate-
income area;
``(VII) a HUBZone small business concern; and
``(VIII) a small business concern located in a special
market initiative;

``(iii) the term `qualified private lender' means a private
lender that meets such requirements as the Administrator
shall establish; and
``(iv) the term `special market initiative' means a
community, market, or industry designated by the Director of
a district office of the Administration for economic
development purposes.
``(B) Loans of $150,000 or less.--
``(i) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled, on a
loan of not more than $150,000 issued by a qualified private
lender to a small business concern.
``(ii) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of the amount of a loan
under this subparagraph.
``(C) Loans of more than $150,000.--
``(i) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled, on a
loan of more than $150,000 and not more than $300,000 issued
by a qualified private lender to an eligible small business
concern under this subparagraph.
``(ii) Guarantee percentage.--The Administrator may
guarantee not more than 75 percent of a loan the amount of a
loan under this subparagraph.
``(D) Qualified private lender requirements.--
``(i) Technical assistance.--A qualified private lender
shall--

``(I) ensure that appropriate technical assistance is
provided to each borrower that receives a loan under the
community express program from the qualified private lender;
``(II) encourage a borrower that receives a loan under the
community express program from the qualified private lender
to use the business development programs of the
Administration for technical assistance; and
``(III) to the extent practicable, use the loan process to
work with a borrower that receives a loan under the community
express program from the qualified private lender, in order
to--

``(aa) develop a business plan, if appropriate;
``(bb) assess the strengths and weaknesses of the borrower
in management and other relevant areas; and
``(cc) provide technical assistance to address any assessed
weaknesses of the borrower.
``(ii) Collateral policy.--

``(I) In general.--The Administrator shall establish a
policy relating to collateral for loans under the community
express program, which shall permit a qualified private
lender to make a loan of not more than $15,000 without
collateral.
``(II) Limitation.--The policy established by the
Administrator may not limit the ability of a qualified
private lender to follow any internal procedure of the lender
related to collateral.

``(iii) Equity of borrowers.--Each qualified private lender
shall verify that a borrower receiving a loan under the
community express program has an equity stake of at least 10
percent in the business concern.
``(iv) Financial statements.--Each qualified private lender
shall obtain a financial statement from a borrower before
making a loan under the community express program.
``(v) Sale of loans.--A qualified private lender may not
sell more than 80 percent of the total dollar value of the
loans made by the qualified private lender under the
community express program to another person or entity.
``(E) Simplification of rules.--The Administrator shall
review the regulations and procedures relating to the
community express program to ensure that such regulations and
procedures are simple and clear and do not create barriers to
participation in the program.
``(F) Notice and comment.--The Administrator shall
establish policies relating to the community express
program--
``(i) after notice and the opportunity for comment; and
``(ii) not later than 1 year after the date of enactment of
this paragraph.''.
(b) Rural Lender and New Lender Outreach Program.--Section
7(a) of the Small Business Act (15 U.S.C. 636(a)), as amended
by this Act, is amended by adding at the end the following:
``(36) Rural lender and new lender outreach program.--
``(A) Definitions.--In this paragraph--
``(i) the term `new lender' means a lender that has not
made more than 20 loans guaranteed by the Administrator
during the 3-year period ending on the date on which the
applicable loan is submitted (including a lender that has not
made a loan guaranteed by the Administration);
``(ii) the term `rural area' has the meaning given that
term in subsection (m); and
``(iii) the term `rural lender' means a lender that--

``(I) is located in a rural area; and
``(II) made not more than 20 loans guaranteed by the
Administration during the 3-year period ending on the date on
which the applicable loan application is submitted (including
a lender that has not made a loan guaranteed by the
Administration).

``(B) Program.--The Administrator shall carry out a rural
lender and new lender outreach program, under which the
Administrator may guarantee timely payment of principal and
interest, as scheduled, on a loan to a small business concern
of not more than $500,000 made by a rural lender or a new
lender.
``(C) Loan processing.--
``(i) In general.--The Administrator shall establish, for
loans guaranteed under this paragraph--

``(I) streamlined application and documentation
requirements; and
``(II) minimum credit standards necessary to provide for a
reasonable assurance of repayment, in accordance with
paragraph (6).

``(ii) New lender training and certification.--The
Administrator may guarantee a loan made by a new lender under
this paragraph if the Administrator--

``(I) provides the new lender with training described in
subparagraph (D); and
``(II) determines that the new lender meets minimum
standards for program knowledge, borrower eligibility, and
underwriting standards.

``(iii) Approval or disapproval.--For a loan guaranteed
under this paragraph, the Administrator shall approve or
disapprove the loan in as expedited manner as practicable.
``(D) Training.--At regularly scheduled intervals and upon
request by a new lender or rural lender the Administrator
shall provide training for new lenders and rural lenders on
the loan guarantee program under this subsection.''.
(c) Electronic Online Loan Underwriting Program Guide.--
(1) Purpose.--The purpose of this subsection is to assist
rural lenders and new lenders in making more loans of good
underwriting quality to small business concerns.
(2) Online underwriting guide.--The Administrator shall
establish an online underwriting program guide (in this
subsection referred to as the ``guide'') to develop the
lending capacity of rural lenders and new lenders (as such
terms are defined in paragraph (36) of section 7(a) of the
Small Business Act (15 U.S.C. 636(a)), as added by this Act).
(3) Requirements.--The guide--
(A) is not intended to replace the internal credit scoring
and loan approval process of a lender;
(B) shall demonstrate the steps the Administrator expects a
lender to take in making a loan under a program of the
Administration;
(C) shall assist a lender in using the internal credit
evaluation processes of the lender

[[Page 24227]]

to make a loan under a program of the Administration and
build the capacity and ability of the lender to make such
loans;
(D) shall provide simple steps to assist a lender that has
not made a loan guaranteed by the Administration through the
loan application process for a loan under section 7(a) of the
Small Business Act (15 U.S.C. 636(a));
(E) shall include information, guidance, sample
documentation, questions and answers, and any other
information necessary to guide a lender through the process
of making a loan guaranteed by the Administration in a
systematic and simple fashion; and
(F) shall include information relating to--
(i) loan application and preapproval;
(ii) loan underwriting;
(iii) requirements after loan approval;
(iv) preparation for loan closing;
(v) closing the loan; and
(vi) servicing the loan.
(4) Electronically submitted loans.--The Administrator
shall use the guide as a means to increase the number of
applications for loan guarantees submitted electronically for
approval from rural lenders and new lenders.

SEC. 4. 504 LOANS.

(a) Maximum Loan Amounts Under 504 Program.--Section
502(2)(A) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)(A)) is amended--
(1) in clause (i), by striking ``$1,500,000'' and inserting
``$2,250,000'';
(2) in clause (ii), by striking ``$2,000,000'' and
inserting ``$3,000,000''; and
(3) in clause (iii), by striking ``$4,000,000'' and
inserting ``$5,500,000''.
(b) Businesses in Low-Income Communities.--
(1) Goals.--Section 501(d)(3)(A) of the Small Business
Investment Act of 1958 (15 U.S.C. 695(d)(3)(A)) is amended by
inserting after ``business district revitalization,'' the
following: ``or expansion of businesses in a low-income
community, as defined in section 45D(e) of the Internal
Revenue Code of 1986 and implementing regulations,''.
(2) Additional incentives.--Section 502 of the Small
Business Investment Act of 1958 (15 U.S.C. 696) is amended by
adding at the end the following:
``(7) Low-income communities.--
``(A) Loan amount.--Notwithstanding paragraph (2)(A)(ii), a
loan under this section for use in a low-income community
described in section 501(d)(3)(A) may not exceed $5,500,000.
``(B) Size standards.--For purposes of determining
eligibility for a loan under this section for use in a low-
income community described in section 501(d)(3)(A), the size
standards established by the Administrator under section 3 of
the Small Business Act (15 U.S.C. 632) shall be increased by
25 percent.
``(C) Personal liquidity.--
``(i) In general.--For any loan under this section for use
in a low-income community described in section 501(d)(3)(A),
the amount of personal resources of an owner that are
excluded from the amount required to be provided to reduce
the portion of the project funded by the Administration shall
be not less than 25 percent more than that required for other
loans under this section.
``(ii) Definition.--In this subparagraph, the term `owner'
means any person that owns not less than 20 percent of the
equity of the small business concern applying for the
applicable loan.''.
(c) Additional Equity Injections.--Section 502(3)(B)(ii) of
the Small Business Investment Act of 1958 (15 U.S.C.
696(3)(B)(ii)) is amended to read as follows:
``(ii) Funding from institutions.--If a small business
concern--

``(I) provides the minimum contribution required under
subparagraph (C), not less than 50 percent of the total cost
of any project financed under clause (i), (ii), or (iii) of
subparagraph (C) shall come from the institutions described
in subclauses (I), (II), and (III) of clause (i) of this
subparagraph; and
``(II) provides more than the minimum contribution required
under subparagraph (C), any excess contribution may be used
to reduce the amount required from the institutions described
in subclauses (I), (II), and (III) of clause (i) of this
subparagraph, except that the amount from such institutions
may not be reduced to an amount that is less than the amount
of the loan made by the Administrator.''.

(d) Refinancing Under the Local Development Business Loan
Program.--Section 502 of the Small Business Investment Act of
1958 (15 U.S.C. 696), as amended by this Act, is amended by
adding at the end the following:
``(8) Permissible debt refinancing.--
``(A) In general.--Any financing approved under this title
may include a limited amount of debt refinancing.
``(B) Expansions.--If the project involves expansion of a
small business concern which has existing indebtedness
collateralized by fixed assets, any amount of existing
indebtedness that does not exceed \1/2\ of the project cost
of the expansion may be refinanced and added to the expansion
cost, if--
``(i) the proceeds of the indebtedness were used to acquire
land, including a building situated thereon, to construct a
building thereon, or to purchase equipment;
``(ii) the borrower has been current on all payments due on
the existing debt for not less than 1 year preceding the date
of refinancing; and
``(iii) the financing under section 504 will provide better
terms or rate of interest than exists on the debt at the time
of refinancing.''.
(e) Job Creation Requirements.--Section 501(e) of the Small
Business Investment Act of 1958 (15 U.S.C. 695(e)) is
amended--
(1) in paragraph (1), by striking ``$50,000'' and inserting
``$65,000''; and
(2) in paragraph (2), by striking ``$50,000'' and inserting
``$65,000''.

SEC. 5. GUARANTEE AND SALE OF BANK FINANCINGS WITH 504 LOAN
PROGRAM.

(a) Definitions.--In this section--
(1) the term ``pool assembler'' means a financial
institution that--
(A) organizes and packages a loan pool by acquiring the
guaranteed portion of third party financings guaranteed by
the Administrator under subsection (b);
(B) resells fractional interests in the loan pool to
registered holders; and
(C) directs that the fiscal and transfer agent of the
Administrator to issue trust certificates; and
(2) the term ``third party financing'' means a financing
described in section 502(3)(B)(ii) of the Small Business
Investment Act of 1958 (15 U.S.C. 696(3)(B)(ii))--
(A) made on or before the date of enactment of this Act;
(B) that provides for the payment of interest at a fixed
rate or under a variable rate index (plus a spread) based
upon Prime rate, a London Interbank Offered Rate (or LIBOR),
a Federal Home Loan Bank rate, a United States Treasury rate,
or a generally accepted market index rate approved by the
Administrator;
(C) that provides amortized payments with a maturity of not
more than 25 years; and
(D) for which the borrower--
(i) is current on all payments due on the loan on the date
on which the loan is guaranteed under subsection (b); and
(ii) has not been more than 29 days past due on a payment
during the 12-month period ending on the date on which the
loan is guaranteed under subsection (b).
(b) Loan Guarantee.--
(1) In general.--To the extent amounts are provided in
advance in appropriations Acts, and in accordance with this
subsection, upon application of a pool assembler who has
acquired a third party financing, the Administrator shall
guarantee the timely repayment of principal and interest on
80 percent of the balance of the third party financing
outstanding on the date of the guarantee.
(2) Lenders.--A lender that made a third party financing
guaranteed under paragraph (1)--
(A) shall--
(i) agree to hold and service the note issued as part of
the third party financing;
(ii) comply with the reporting and payment remittance
requirements of the Administrator; and
(iii) enter a secondary participation guaranty agreement
with the Administrator and the fiscal and transfer agent of
the Administrator; and
(B) may collect and retain all of any applicable prepayment
penalties otherwise provided in the event the third party
financing is prepaid.
(3) Guarantee fee.--To cover the costs of guarantees under
this subsection and the cost of issuing trust certificates
under subsection (c), a lender that made a third party
financing guaranteed under paragraph (1) shall pay to the
Administrator--
(A) a one-time fee equal to 1 percent of the net amount of
the third party financing guaranteed by the Administration,
payable on the date on which the third party financing is
guaranteed; and
(B) a monthly fee on the unpaid balance of the net amount
of the third party financing guarantee at the rate of 25
basis points per year.
(4) Maximum amount.--The Administrator may guarantee a
total amount of not more than $6,000,000,000 in third party
financings under this subsection.
(5) Termination of authority.--The authority of the
Administrator to guarantee a third party financing under this
subsection shall terminate on September 30, 2010.
(6) Appropriation.--In addition to any other amounts
appropriated, there are appropriated for the fiscal year
ending September 30, 2009, for the ``Business Loans Program
Account'' of the Administration, out of any money in the
Treasury not otherwise appropriated, $1 for loan subsidies
and for loan modifications for guarantees authorized under
this subsection, to remain available until expended.
(c) Trust Certificates.--
(1) Issuance.--The Administrator may issue a trust
certificate representing ownership of all or a fractional
part of the guaranteed portion of 1 or more third party
financings that have been guaranteed by the Administrator
under subsection (b). A trust certificate issued under this
subsection shall be based on and backed by a trust or pool
approved by the Administrator and composed solely of the
entire guaranteed portion of

[[Page 24228]]

third party financings guaranteed by the Administrator under
subsection (b).
(2) Pooling requirements.--
(A) Interest rate.--The interest rate on a trust
certificate issued under this subsection shall be the
weighted average interest rate of all third party financings
in the pool. There shall be no limit on the difference
between the highest and lowest note interest rates on third
party financings forming the pool.
(B) Maturity.--
(i) In general.--Each pool may include either--

(I) third party financings with remaining terms to maturity
of 15 years or less; or
(II) third party financings with remaining terms to
maturity of more than 15 years.

(ii) No other limitations.--Except as provided in clause
(i), the Administrator may not limit the difference between
the remaining terms to maturity of the third party financings
forming a pool.
(C) Size.--
(i) In general.--If the amount of the guaranteed portion of
any third party financing exceeds $500,000, the Administrator
shall, upon request of the pool assembler, divide the amount
of the third party financing into individual guarantees no 1
of which exceeds $500,000.
(ii) Divided financings.--Not more than 1 portion of a
third party financing that has been divided under this
subparagraph shall be included in the same pool. Portions of
more than 1 third party financing divided under this
subparagraph may be included in the same pool.
(3) Timely payment.--
(A) In general.--The Administrator may, upon such terms and
conditions as the Administrator determines appropriate,
guarantee the timely payment of principal and interest on a
trust certificate issued by the Administrator or an agent of
the Administrator under this subsection. A guarantee under
this paragraph shall be limited to the principal and interest
on the guaranteed portions of the third party financings that
comprise the trust or pool.
(B) Prepayment.--If a third party financing in a trust or
pool guaranteed under this paragraph is prepaid, either
voluntarily or in the event of default, the guarantee of
timely payment of principal and interest on the trust
certificates shall be reduced in proportion to the amount of
principal and interest the prepaid third party financing
represents in the trust or pool. Interest on prepaid or
defaulted third party financings shall accrue and be
guaranteed by the Administrator only through the date of
payment on the guarantee. During the term of a trust
certificate issued under this subsection, the trust
certificate may be called for redemption due to prepayment or
default of all third party financings constituting the pool.
(4) Full faith and credit.--The full faith and credit of
the United States is pledged to the payment of all amounts
that may be required to be paid under any guarantee of a
trust certificate issued by the Administrator or an agent of
the Administrator under this subsection.
(5) Use of agent.--The Administrator shall negotiate an
amendment to the contract in effect on the date of enactment
of this Act with the agent for fee collection for trust
certificates issued under section 5(g) of the Small Business
Act (15 U.S.C. 634(g)) to collect the monthly fee under
subsection (b)(3)(B) of this section. The agent may receive,
as compensation for services, any interest earned on a fee
collected under this section while in the control of the
agent before the time at which the agent is contractually
required to remit the fee to the Administrator.
(6) Claims.--In the event the Administrator pays a claim
under a guarantee issued under this subsection, it shall be
subrogated fully to the rights satisfied by such payment.
(7) Ownership rights.--No State or local law, and no
Federal law, shall preclude or limit the exercise by the
Administrator of the ownership rights in the portions of
third party financings constituting the trust or pool against
which a trust certificate is issued under this subsection.
(8) Central registration.--The Administrator--
(A) shall provide for a central registration of all trust
certificates issued under this subsection;
(B) shall negotiate an amendment to the contract in effect
on the date of enactment of this Act with the agent for
central registration of trust certificates issued pursuant to
section 5(h) of the Small Business Act (15 U.S.C. 634(h)) to
carry out on behalf of the Administrator the central
registration functions under this subsection and the issuance
of trust certificates to facilitate pooling, under which--
(i) the agent may be compensated through any of the fees
collected under this section and any interest earned on any
funds collected by the agent while such funds are in the
control of the agent and before the time at which the agent
is contractually required to transfer such funds to the
Administrator or to the holders of the trust certificates, as
appropriate; and
(ii) the agent shall provide a fidelity bond or insurance
in such amounts as the Administrator determines to be
necessary to fully protect the interest of the Government;
and
(C) may--
(i) use a book-entry or other electronic form of
registration for trust certificates issued under this
subsection; and
(ii) with the consent of the Secretary of the Treasury, use
the book-entry system of the Federal Reserve System.
(9) Sale.--The Administrator shall, before any sale of a
trust certificate issued under this subsection, require the
seller to disclose to the purchaser of the trust certificate
information on the terms, conditions, and yield of such
instrument.
(10) Brokers and dealers.--The Administrator may issue
regulations relating to the brokering of and dealing in trust
certificates sold under this subsection.
(11) Termination of authority.--The authority of the
Administrator to issue trust certificates under this
subsection shall terminate on September 30, 2010.
(d) Implementation.--Not later than 30 days after the date
of enactment of this Act, the Administrator shall issue
interim final regulations to carry out this section.
(e) Lender Purchase Eligibility.--
(1) In general.--A lender that made or services a loan
guaranteed under section 7(a) of the Small Business Act (15
U.S.C. 636(a)) or a third party financing guaranteed under
subsection (b) of this section may purchase and hold all or
any part of a loan pool which includes a loan or third party
financing made or serviced by the lender.
(2) No effect on guarantee.--A purchase described in
subparagraph (A) shall not affect the guarantee of a loan or
third party financing in a pool.

SEC. 6. EMERGENCY SHORT TERM FEE REDUCTIONS.

(a) Lender Oversight Fees.--
(1) Temporary reduction in fees.--
(A) In general.--To the extent amounts are provided in
advance in appropriations Acts, the Administrator shall, in
lieu of the fee otherwise applicable under section 5(b)(14)
of the Small Business Act (15 U.S.C. 634(b)(14)), collect no
fee.
(B) Authorization of appropriations.--There are authorized
to be appropriated for salaries and expenses of the
Administration relating to examinations, reviews, and other
lender oversight activities relating to loans under section 7
of the Small Business Act (15 U.S.C. 636)--
(i) $10,000,000 for each of fiscal years 2009 and 2010; and
(ii) such sums as may be necessary for each fiscal year
thereafter.
(2) Report on making fees contingent on performance.--Not
later than 6 months after the date of enactment of this Act,
the Administrator, in consultation with lenders that have
made loans guaranteed under section 7 of the Small Business
Act (15 U.S.C. 636), shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report
regarding the feasibility of assessing annual fees under
section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)) in an amount that is contingent on the
performance of the lender, including consideration of the
meeting the requirement under section 7(a)(1) of that Act (15
U.S.C. 636(a)(1)) of providing credit to applicants than
cannot obtain credit elsewhere. The report under this
paragraph may include proposed legislation.
(b) Fee Reductions.--
(1) New 7(a) lender defined.--In this subsection the term
``new 7(a) lender'' means a lender that has not made more
than 20 loans guaranteed by the Administrator under section
7(a) of the Small Business Act (15 U.S.C. 636(a)) during the
3-year period ending on the date on which the Administrator
determines the fee under section 7(a)(23)(A) of that Act (15
U.S.C. 636(a)(23)(A)) for the lender.
(2) 7(a) loan fee reductions.--
(A) In general.--For fiscal years 2009 and 2010, and to the
extent the cost of such reduction in fees is offset by
appropriations, with respect to each loan guaranteed under
section 7(a) of Small Business Act (15 U.S.C. 636(a))--
(i) the Administrator shall, in lieu of the fee otherwise
applicable under section 7(a)(23)(A) of the Small Business
Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee in an
amount equal to--

(I) 0.25 percent of the outstanding balance of the deferred
participation share of a loan made under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)) to a small business
concern before the date of enactment of this Act; and
(II) .20 percent of the outstanding balance of the deferred
participation share of a loan made by a new 7(a) lender to a
small business concern; and

(ii) with respect to each loan guaranteed under section
7(a) of the Small Business Act (15 U.S.C. 636(a)), the
Administrator shall, in lieu of the fee otherwise applicable
under section 7(a)(18)(A) of the Small Business Act (15
U.S.C. 636(a)(18)(A)), (including any additional fee under
clause (iv) of that section 7(a)(18)(A)) collect a guarantee
fee in an amount equal to--

(I) 0.75 percent of the deferred participation share of a
total loan amount that is not more than $150,000;
(II) 2 percent of the deferred participation share of a
total loan amount that is more than $150,000, and not more
than $700,000; and

[[Page 24229]]

(III) 2.5 percent of the deferred participation share of a
total loan amount that is more than $700,000.

(B) Implementation.--In carrying out this paragraph, the
Administrator shall reduce the fees for a loan guaranteed
under section 7(a) of the Small Business Act (15 U.S.C.
636(a)) to the maximum extent possible, subject to the
availability of appropriations.
(C) Application of fee reductions.--If funds are made
available to carry out this paragraph, the Administrator
shall reduce the fees under subparagraph (A) for any loan
guarantee or project subject to such subparagraph for which
the application is pending approval on or after the date of
enactment of this Act, until the amount provided for such
purpose is expended.
(D) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator for each of fiscal
years 2009 and 2010--
(i) $175,000,000 to carry out subparagraph (A)(i);
(ii) $75,000,000 to carry out subparagraph (A)(ii).
(3) 504 loan fee and rate reductions.--
(A) Fee reductions.--
(i) Fee reductions.--To the extent the cost of such
reduction in fees is offset by appropriations, for any loan
guarantee or project for which an application is closed on or
after the date of enactment of this Act--

(I) with respect to an institution described in subclause
(I), (II), or (III) of section 502(3)(B)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 696(3)(B)(i)), the
Administrator shall, in lieu of the fees otherwise applicable
under section 503(d)(2) of the Small Business Investment Act
of 1958 (15 U.S.C. 697(d)(2)), collect no fee;
(II) a development company shall, in lieu of the mandatory
0.625 servicing fee under section 120.971(a)(3) of title 13,
Code of Federal Regulations, (relating to fees paid by
borrowers), or any successor thereto, collect no fee; and
(III) the Administrator shall, in lieu of the fee otherwise
applicable under section 503(d)(3) of the Small Business
Investment Act (15 U.S.C. 697(d)(3)), collect no fee.

(ii) Reimbursement for waived fees.--

(I) In general.--To the extent the cost of such payments is
offset by appropriations, the Administrator shall reimburse
each development company that does not collect a servicing
fee pursuant to clause (i)(II).
(II) Amount.--The payment to a development company under
subclause (I) shall be in an amount equal to 0.5 percent of
the outstanding principal balance of any guaranteed debenture
for which the development company does not collect a
servicing fee pursuant to clause (i)(II).

(iii) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator for each
of fiscal years 2009 and 2010--

(I) $50,000,000 for the elimination of fees under clause
(i)(I);
(II) $40,000,000 for payments under clause (ii) to offset
the elimination of fees under clause (i)(II); and
(III) $10,000,000 for the elimination of fees under clause
(i)(III).

(B) Rate reduction.--
(i) In general.--To the extent that the cost of making an
interest rate reduction is offset by appropriations, the
Administrator shall pay, on behalf of a small business
borrower, an amount equal to 100 basis points of the interest
rate required to be paid by the borrower on the amount of the
guarantee provided under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.), if the loan
is closed on or after the date of enactment of this Act.
(ii) Frequency of payment.--The Administrator shall make a
payment under clause (i) on a semiannual basis.
(iii) Method of payment.--The Administrator may use a
central servicing agent to make a payment under clause (i).
(iv) Notice to development company.--The Administrator
shall notify a development company that receives a payment
under clause (i) when funds are made available for the rate
reduction under clause (i).
(v) Implementation.--A development company that receives a
payment under clause (i) shall--

(I) use the payments solely for the purpose provided; and
(II) adjust the amount of the monthly payment by the
borrower accordingly.

(vi) Authorization of appropriations.--There is authorized
to be appropriated to the Administrator for each of fiscal
years 2009 and 2010, $150,000,000 for payments made under
clause (i).

SEC. 7. MICROLENDING.

In addition to any amounts otherwise authorized to be
appropriated for such purposes, there are authorized to be
appropriated to the Administrator for each of fiscal years
2009 and 2010--
(1) $5,000,000 for direct loans under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)); and
(2) $20,000,000 for grants to intermediaries for marketing,
management, and technical assistance under section 7(m)(4) of
the Small Business Act (15 U.S.C. 636(m)(4)).

SEC. 8. SMALL BUSINESS INVESTMENT COMPANIES.

Section 303(b) of the Small Business Investment Act of 1958
(15 U.S.C. 683(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Maximum leverage.--
``(A) In general.--The maximum amount of outstanding
leverage made available to any 1 company licensed under
section 301(c) may not exceed the lesser of--
``(i) 300 percent of the private capital of the company; or
``(ii) $150,000,000.
``(B) Multiple licenses under common control.--The maximum
amount of outstanding leverage made available to 2 or more
companies licensed under section 301(c) that are commonly
controlled (as determined by the Administrator) and the
private capital of which the Administrator determines meets
the requirements of subsection (e) may not exceed
$225,000,000.''; and
(2) by striking paragraph (4).

SEC. 9. EMERGENCY SMALL BUSINESS LENDING ADVERTISING
STRATEGY.

Section 4 of the Small Business Act (15 U.S.C. 633) is
amended by adding at the end the following:
``(i) Emergency Small Business Lending Advertising
Strategy.--
``(1) Purpose.--The purpose of this subsection is to ensure
that the Administrator provides information to the owners of
small business concerns regarding lenders in their areas that
participate in programs of the Administration and that will
allow small business concerns to access business capital
during a liquidity and capital lending shortage.
``(2) Lending advertising strategy.--The Administrator
shall develop an emergency small business lending advertising
strategy to inform small business concerns located throughout
the United States that loans under this Act are available
through lenders that participate in programs of the
Administration.
``(3) Media.--The Administrator shall use print, radio,
television, and Internet advertisement, where appropriate, to
carry out this subsection.
``(4) Effective date.--Not later than 30 days after the
date of enactment of this Act, the Administrator shall
implement the emergency small business lending advertising
strategy.
``(5) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection--
``(A) $5,000,000 for each of fiscal years 2009 and 2010;
and
``(B) such sums as may be necessary for each fiscal year
thereafter.''.

SEC. 10. TAX PROVISIONS.

(a) Extension of Temporary Increase in Limitations on
Expensing of Certain Depreciable Business Assets.--
(1) In general.--Paragraph (7) of section 179(b) of the
Internal Revenue Code of 1986 is amended--
(A) by inserting ``and 2009'' after ``2008'' in the
heading, and
(B) by inserting ``or 2009'' after ``In the case of any
taxable year beginning in 2008''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2008.
(b) Carryback of Certain Net Operating Losses Allowed for 5
Years; Temporary Suspension of 90 Percent AMT Limit.--
(1) In general.--Subparagraph (H) of section 172(b)(1) of
the Internal Revenue Code of 1986 is amended to read as
follows:
``(H) 5-year carryback of certain losses.--
``(i) Taxable years ending during 2001 and 2002.--In the
case of a net operating loss for any taxable year ending
during 2001 or 2002, subparagraph (A)(i) shall be applied by
substituting `5' for `2' and subparagraph (F) shall not
apply.
``(ii) Taxable years ending during 2008 and 2009.--In the
case of a net operating loss with respect to any eligible
taxpayer for any taxable year ending during 2008 or 2009--

``(I) subparagraph (A)(i) shall be applied by substituting
`5' for `2',
``(II) subparagraph (E)(ii) shall be applied by
substituting `4' for `2', and
``(III) subparagraph (F) shall not apply.

``(iii) Eligible taxpayer.--For purposes of clause (ii),
the term `eligible taxpayer' means a corporation or
partnership which meets the gross receipts test of section
448(c) (determined by substituting `$10,000,000' for
`$5,000,000' and `5-taxable-year period' for `3-taxable-year
period') for the taxable year in which the loss arose (or, in
the case of a sole proprietorship, which would meet such test
if such proprietorship were a corporation.''.
(2) Temporary suspension of 90 percent limit on certain nol
carrybacks and carryovers.--
(A) In general.--Section 56(d) of the of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(3) Additional adjustments.--For purposes of paragraph
(1)(A), in the case of an eligible taxpayer (as defined in
section 172(b)(1)(H)(iii)), the amount described in clause
(I) of paragraph (1)(A)(ii) shall be increased by the amount
of the net operating loss deduction allowable for the taxable
year under section 172 attributable to the sum of--
``(A) carrybacks of net operating losses from taxable years
ending during 2008 and 2009, and

[[Page 24230]]

``(B) carryovers of net operating losses to taxable years
ending during 2008 or 2009.''.
(B) Conforming amendment.--Subclause (I) of section
56(d)(1)(A)(i) of such Code is amended by inserting ``amount
of such'' before ``deduction described in clause (ii)(I)''.
(3) Anti-abuse rules.--The Secretary of Treasury or the
Secretary's designee shall prescribe such rules as are
necessary to prevent the abuse of the purposes of the
amendments made by this subsection, including anti-stuffing
rules, anti-churning rules (including rules relating to sale-
leasebacks), and rules similar to the rules under section
1091 of the Internal Revenue Code of 1986 relating to losses
from wash sales.
(4) Effective dates.--
(A) Subsection (a).--The amendments made by paragraph (1)
shall apply to net operating losses arising in taxable years
ending in 2008 or 2009.
(B) Subsection (b).--The amendments made by paragraph (2)
shall apply to taxable years ending after December 31, 2007.

SEC. 11. TROUBLED ASSETS.

Section 3(9) of the Emergency Economic Stabilization Act of
2008 (division A of Public Law 110-343) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) a trust certificate issued by the Administrator of
the Small Business Administration under section 5(g) of the
Small Business Act (15 U.S.C. 634(g)), a loan guaranteed by
the Small Business Administration under section 7(a) of the
Small Business Act (15 U.S.C. 636(a)), and a trust
certificate issued under section 505 of the Small Business
Investment Act of 1958 (15 U.S.C. 697), including an
underlying debenture, the purchase of which the Secretary
determines promotes financial market stability; and''.
______

By Mrs. CLINTON:
S. 3706. A bill to amend part D of title IV of the Social Security
Act to prohibit States from charging child support recipients for the
collection of child support; to the Committee on Finance.
Mrs. CLINTON. Mr. President, in a time of rising prices and historic
economic turmoil, single parents deserve our support more than ever.
That is why I am introducing the Elimination of the Single Parent Tax
Act of 2008. I am proud to join my colleague Congresswoman Gillibrand
in introducing this important legislation to help single parents by
suspending State fees to fund child support enforcement.
Many states, including New York, were forced to institute this fee
after the Republican-lead Congress passed the Deficit Reduction Act of
2005, which slashed funding for child support enforcement. The fee is
expected to affect 170,000 families in New York alone. These single
parents need every penny of their child support income to go towards
food, medicine, and other important expenses. The Elimination of the
Single Parent Tax Act ensures that hard-working single parents don't
face an extra tax.
In September, I joined my Senate colleagues in urging the Senate
Appropriations Committee leadership to increase funding for child
support enforcement to stave off these deep cuts. And today, I
encourage my colleagues to join me in sponsoring this critical measure
to support single parents.
For too long, single-parent households have been ignored at a time
when raising children has only become more of a struggle. Yet despite
these challenges, single parents heroically soldier on. This bill is
only a critical first step to a more comprehensive approach to
supporting single parents raising children. I look forward to
continuing to fight in the Senate to stand up for our most vulnerable
children and our hardest-working families.
______

By Mrs. CLINTON:
S. 3707. A bill to recruit, train, and support principals for high-
need schools who are effective in improving student academic
achievement; to the Committee on Health, Education, Labor, and
Pensions.
Mrs. CLINTON. Mr. President, I rise today to introduce legislation to
address the urgent need of our underserved urban and rural school
districts by creating a corps of principals who are well-prepared,
supported, and effective in improving student academic achievement in
high-need schools and ensuring our schools are provided the leadership
they need to prepare our children to compete in the 21st century.
The U.S. Department of Labor estimates that nearly 40 percent of the
90,000 principals in this country are nearing retirement, and over half
the Nation's school districts are facing immediate administrator
shortages. This problem is particularly prevalent in urban and rural
districts with large concentrations of high-poverty schools, where
turnover rates can reach as high as 20 percent per year, and academic
achievement is persistently low.
That is why I'm introducing the National Principal Recruitment, NPR,
Act, which seeks to address the impending shortage by establishing a
corps of principals who are well-prepared, supported, and effective in
improving student achievement in high-need schools. This corps is
created through the recruitment of results-oriented candidates who
possess personal leadership and management skills, knowledge of
effective instruction, and commit to serve in high-need schools for
over 5 years. Once selected, these candidates would undergo a year-long
principal residency program, and receive support and mentoring to help
them develop and maintain a data-driven, professional learning
community.
This bill leverages non-Federal dollars with targeted funding to
performance-based work done in partnership with school districts. It
also includes an evaluation to capture knowledge and best practices and
creates a prototype of a performance-based Federal education program by
tying funding levels to an evaluation of student achievement results.
An effective and capable school leader can make the difference in
providing the tools and instructional support needed to foster the type
of school environment conducive to student academic success. The NPR
Act will ensure that our neediest schools have effective leaders, who
are well-equipped and supported, to close the achievement gap and
prepare our students to compete in a global economy.
I am hopeful that my Senate colleagues from both sides of the aisle
will join me today to move this legislation to the floor without delay.
______

By Mrs. CLINTON:
S. 3708. A bill to amend the Public Health Service Act with respect
to health professions education, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mrs. CLINTON. Mr. President, today, I am introducing the Health
Professions and Primary Care Reinvestment Act in order to improve
access to quality health care for all Americans. By significantly
reinvesting in the training and education of our health professionals,
we are reinvesting in our communities where care is most needed.
This bill reinvests in health professional training in three ways--by
expanding the training our health professionals receive, by improving
our efforts to recruit and retain health professionals, and by
increasing incentives for health professionals who are serving in
community settings, particularly in rural and urban underserved areas.
Most Americans prefer to get their health care through a personal
physician operating as part of a team-based primary care practice, yet
the number of health professional students entering these fields is
decreasing. We need more workers in primary care at the front lines of
the health care system. Primary care professionals can help to
establish a ``medical home'' for patients, providing preventive care to
help people stay healthy and provide coordination of care for those
with multiple or chronic diseases. This bill would achieve this goal by
providing incentives for training primary care professionals, by
strengthening primary care departments at the school and community
level, and by supporting improved infrastructure to assist those
serving in primary care settings.
Minorities, disadvantaged and rural students are underrepresented in
our health professional workforce. We need to increase their numbers in
the medical fields, and provide incentives for them to return to
underserved areas to

[[Page 24231]]

practice. As an example of what can be done, one program targeting
rural students has returned eight times the usual number of trained
family physicians to rural settings. We need to train people from all
backgrounds--from underrepresented minorities, from disadvantaged
backgrounds, from rural and urban underserved communities. This bill
helps to achieve this goal by strengthening pipeline programs,
expanding loans and scholarships, and by increasing the availability of
care in underserved communities.
We need health care where people live and work. Americans should be
able to access care in communities that are located far from hospitals
and medical centers, in the poorest neighborhoods of cities and
isolated rural areas. We need to support the institutions that the most
vulnerable rely on for care, like community health centers, local
departments of health, and nursing homes. This bill supports new models
of care for training, recruiting, supporting and retaining faculty to
serve in underserved settings, and provides infrastructure support for
training students in community settings outside of the hospital, where
patients need care.
In addition to addressing primary care, the legislation also works to
address other health fields which are often inaccessible to patients.
Dental care in the United States has become a luxury that is
unaffordable to many people. Dentists are often unable to sustain
careers by teaching in dental schools training the next generation of
professionals, or to work in communities where the need is greatest.
This bill provides support for dentists to pursue academic teaching
careers and to provide general care to both adults and children. It
targets underrepresented minority dentists and those who will serve in
communities where the need is greatest.
One impediment to good health for people with mental health problems
is lack of care coordination. Too often the psychological problem goes
undiagnosed or untreated, because our health care system operates in
silos. Patients are often asked to go one place to meet physical health
needs and another place to meet mental health needs. This bill provides
support for training and care where the health professionals work
together to co-manage mental health and physical health problems toward
better overall health.
We, as a nation, are getting older. As we age, our health concerns
change. Many seniors take multiple medications which need to be
coordinated by a team of doctors, pharmacists, and other caregivers.
The Health Professions and Primary Care Reinvestment Act reinvests in
our geriatric training programs by expanding opportunities for doctors,
pharmacists, psychologists, dentists and others to work with patients
in rehabilitation centers, at home, in nursing homes or other settings
where people live or work.
Our public health and preventive medicine professionals respond to
crises like SARS, anthrax, and other infectious disease outbreaks. But
they also work to educate the public about ways to stay healthy, and
prevent chronic diseases. They contribute to the health care safety net
with services like adult and childhood vaccinations. This bill helps to
support these efforts by reinvestment in training for prevention. It
links schools of public health with local and State departments of
health in order to train professionals to work and serve in settings
where they are most needed.
Finally, and very importantly, we must better understand the demands
that will be made upon our health professional workforce. This bill
provides authorization for the formation of a national and multiple
regional health workforce analysis centers, along with an advisory
committee comprised of administrative and health professional
leadership. These entities will assess, review and oversee health
professional workforce needs so that we can plan and prepare a new
generation of health professionals in our schools and communities.
The Health Professions and Primary Care Reinvestment Act addresses
the multiple challenges facing healthcare workforce development in our
country. It will invest in primary care, expand the number of health
professionals truly representative of the communities they serve, and
improve the availability of care in places where Americans need it
most. I look forward to working with my colleagues in the Senate on the
many issues of our health care workforce, and I would urge their
support of this legislation.
Multiple organizations, including Advocating for Family Medicine,
American Academy of Family Physicians, American Academy of Physician
Assistants, American Association of Colleges of Osteopathic Medicine,
American College of Preventive Medicine, American Dental Association,
American Dental Education Association, American Geriatrics Association,
American Osteopathic Association, American Psychological Association,
Association of Departments of Family Medicine, Association of Family
Medicine Residency Directors, Association of Minority Health
Professions Schools, Inc., Association of Schools of Public Health,
Hospital Association of New York State, National AHEC Organization,
National Council for Diversity in the Health Professions, North
American Primary Care Research Group, Society of General Internal
Medicine, and the Society of Teachers of Family Medicine have endorsed
this legislation.
Mr. President, I ask unanimous consent that letters of support be
printed in the Record.
There being no objection, the material was ordered to be placed in
the Record, as follows:

Advocating for Family Medicine,

Washington, DC, November 18, 2008.
Hon. Hillary Rodham Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: On behalf of the undersigned
organizations, we would like to thank you for introducing the
Health Professions and Primary Care Reinvestment Act. Health
professions programs, authorized under Title VII of the
Public Health Service Act, are vital to enhancing and
expanding our nation's health workforce. The Health
Professions and Primary Care Reinvestment Act reauthorizes,
improves, and revitalizes these programs.
Within the primary care cluster (Section 747) we are very
pleased to see the following:
Continued support for programs that have proven
successful--training in primary care and capacity building in
primary care.
New recognition that an environmental scan of the community
and region is a necessary precursor to development of
creative training programs that will get primary care
physician training out into the community, rather than
training remain mostly within the academic health centers.
Recognition that production of primary care physicians must
be increased.
Recognition that funding for these programs must increase
in order to provide a well-prepared workforce for the 21st
century, particularly as we move to health care reform.
In addition, within the scope of the bill as a whole, we
appreciate the modification of the statute so that all of the
programs authorized by the bill have similar goals and
expected outcomes.
As the Senate begins its work on overall health care
reform, we support your efforts to have this bill serve as
one of the foundations of reform. True health reform in this
country will not be possible without including programs that
increase the number of well-trained health professionals. As
the Massachusetts experience clearly demonstrates, increasing
the number of insured individuals will not ensure increased
access to care if there are not enough doctors to treat the
newly insured.
As you know, Title VII Health Professions Programs,
particularly those authorized under Section 747, are designed
to strengthen our primary care infrastructure. Studies have
shown that areas which depend more heavily on primary care
within their health care system spend less on health care and
have better health outcomes. For example, a study published
in Health Affairs from April, 2004 found, ``States with more
general practitioners use more effective care and have lower
spending, while those with more specialists have higher costs
and lower quality.'' (Baicker and Chandra) We know that
health reform has two goals: bettering the health of our
nation and keeping it as cost efficient as possible.
Increasing the proportion of primary care medicine is a major
step towards meeting both of these goals, and Title VII,
Section 747 programs are the only federal programs that aim
to increase the number of primary care physicians.
Title VII programs have also demonstrated the ability to
produce physicians that serve in underserved areas. A recent
article in Annals of Family Medicine (Rittenhouse, et al

[[Page 24232]]

2008) shows that students and residents exposed to Title VII
funding are more likely to participate in the National Health
Service Corps or practice in a community health center upon
completing their training. Both of these programs
successfully place physicians where they are most needed.
Thank you for all of your hard work on the Health
Professions and Primary Care Reinvestment Act and for your
continued leadership and dedication to health care throughout
your career. We urge you to ensure that this important piece
of legislation makes its way through the legislative process
and is passed as quickly as possible.
Sincerely,
Scott Fields, MD,
President, Society of Teachers of Family Medicine.
Eilssa Palmer, MD,
President, Association of Family Medicine Residency
Directors.
Michael K. Magill, MD,
President, Association of Departments of Family Medicine.
Ted Epperly, MD, FAAFP,
President, American Academy of Family Physicians.
Allen Dietrich, MD,
President, North American Primary Care Research Group.
____

American Academy of

Physician Assistants,

Alexandria, VA, November 19, 2008.
Hon. Hillary Rodham Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: On behalf of the nearly 75,000
clinically practicing physician assistants (PAs) in the
United States represented by the American Academy of
Physician Assistants (AAPA), I thank you for introducing the
Health Professions and Primary Care Reinvestment Act of 2008.
The reauthorization of the Public Health Service Act's Title
VII Health Professions Programs is a top priority of the
AAPA. Accordingly, AAPA is pleased to support this
legislation, and looks forward to working with you and your
colleagues in the Senate and House of Representatives to
secure the strongest possible investment in and reinforcement
of the nation's primary care workforce.
The Title VII safety net programs are essential to the
development and training of primary health care professionals
and, in turn, provide increased access to care by promoting
health care delivery in medically underserved communities.
Title VII funding is especially important for PA programs as
it is the only federal funding available on a competitive
application basis to these programs.
A review of PA graduates from 1990-2006 demonstrates that
PAs who have graduated from PA educational programs supported
by Title VII are 59 percent more likely to be from
underrepresented minority populations and 46 percent more
likely to work in a rural health clinic than graduates of
programs that were not supported by Title VII.
The AAPA is very pleased to see included in this
legislation several very important updates and additions to
the Title VII statute related to physician assistant
training. Specifically, the updated definition of PA
education programs is long overdue and accurately reflects
the educational preparation of PAs, as well as the definition
and standards of the approximately 140 PA programs in the
U.S. Additionally, we strongly support the inclusion of a set
15 percent carve-out for PA programs within the primary care
medicine and dentistry cluster. Finally, we support the
inclusion of PA education programs within many new or
expanded programmatic sections of the bill, including
geriatric training centers and continuing education programs
for health professionals in underserved areas.
The AAPA applauds your efforts to support and expand
America's primary care workforce through a clarified and
strengthened Title VII. We are pleased to work with you and
to support the Health Professions and Primary Care
Reinvestment Act of 2008.
Sincerely yours,

William F. Leinweber,

Executive Vice President/Chief
Executive Officer.
____

American College of

Preventive Medicine,

November 18, 2008.
Hon. Hillary R. Clinton,
Russell Senate Office Building,
Washington, DC.
Dear Senator Clinton: On behalf of the American College of
Preventive Medicine I write to express our sincere
appreciation and thanks for your efforts to reauthorize the
Title VII health professions training programs at the Health
Resources and Services Administration, HRSA. As a result of
your steadfast commitment to bolstering our health care
safety net in underserved communities and extending the
reaches of preventive medicine physicians, health care
services--including important preventive services--will reach
the doorsteps of countless Americans who currently lack
access to a health care provider.
With your legislation the time has now come to reinvigorate
and refinance the Title VII health professions training
programs at the necessary levels in order to protect access
to health care for vulnerable populations, improve disease
prevention and health promotion efforts, and maintain our
graduate medical education commitment to quality and
workforce diversity.
While a limited number of preventive medicine residency
training programs in New York and other states have benefited
from Title VII funds, it is important that Congress act now
to expand the reaches of Title VII's mission to enhance the
supply, diversity, and distribution of the health care
workforce in all underserved communities across the country.
A key step toward addressing health system reform is ensuring
availability of services across all communities.
We thank you for recognizing the importance of preventive
medicine physicians in securing our health care safety net
and promoting disease prevention and health promotion
programs. We look forward to our continued dialogue and thank
you for the opportunity to work with you and your staff to
address this very important issue.
Sincerely,

Michael D. Parkinson, MD,

MPH, FACPM,
President.
____

ADA/American Dental Association,

Washington, DC, November 19, 2008.
Senator Hillary Rodham Clinton,
Russell Office Building,
Washington, DC.
Dear Senator Clinton: The American Dental Association, ADA,
which represents 156,000 dentists, congratulates you on
introducing the ``Health Professions and Primary Care
Reinvestment Act.'' The ADA greatly appreciates the attention
that you and your staff have given to the unique needs of
Title VII federal dental programs and believe that many of
the changes incorporated in this bill will help greatly to
advance these programs.
We are especially pleased that your bill provides general
practice and pediatric dental residency programs with a
funding line. This acknowledgement underscores that oral
health care is as equally important as medical care and
should not be a subset of medical program funding. We believe
that by creating Section 748 Training in General and
Pediatric Dentistry that Congress will be better able to
effectively address dental education training needs.
We also appreciate the inclusion of dentists in Section 9,
which focuses on geriatric training. The ADA has placed a
high priority on addressing the oral health needs of
``vulnerable'' older adults--individuals over age 65 with
limited mobility and/or limited resources and/or complex
health status. Older adults face a variety of special oral
health challenges, including root and coronal caries,
periodontal disease, tooth wear, edentulousness, oral cancer,
complications from taking prescription and over-the-counter
medications and other medical concerns that affect oral
health. We recognize that a key component in addressing these
needs is to enhance the educational infrastructure and
dentist education and training. We believe that your bill has
opened the door to accomplish these goals.
Addressing the oral health care needs of the older
generation often overlaps with providing care to children and
adults with intellectual and developmental disabilities.
While the bill does not include a new section to address the
training of dentists to work with these patients, we
understand the time constraints your staff faced in getting
this bill introduced this year. We look forward to continuing
to work with you on this issue and remain hopeful that we
will be able to include a provision dealing with this
important issue next year.
Thank you and your staff, particularly Dr. Kathleen Klink,
for working with the American Dental Association to enhance
dental education programs. We believe that the ``Health
Professions and Primary Care Reinvestment Act'' will
contribute to the ADA's own efforts to improve dental
education programs and improve the oral health care of all
Americans.
Sincerely,
John S. Findley, D.D.S.,
President.
____

ADEA and AAPD,
November 19, 2008.
Hon. Hillary Clinton,
U.S. Senate,
Washington, DC.
Dear Senator Clinton: The American Dental Education
Association (ADEA) and the American Academy of Pediatric
Dentistry (AAPD) are pleased to endorse the Health
Professions Primary Care Reinvestment Act. Our organizations
represent dental education and the practicing pediatric
dentists.
The primary care dental provisions contained in the
legislation continue and enhance the cost-effective General
Dentistry and Pediatric Dentistry residency training
programs. The bill also authorizes support of dental loan
repayment for those who teach or conduct research in General
or Pediatric

[[Page 24233]]

Dentistry residencies, which is particularly important to
maintaining a cadre of well-trained dentists to meet the oral
health care needs of the nation. Most importantly, we are
delighted with the language which allows dental schools to
apply for grants for faculty development and academic
administrative units. We applaud the decision to provide a
guideline authorization of $20 million for these important
programs.
Our Associations appreciate the time and effort that you
and your staff made to consider our analysis of important
trends and needs in dental education, and to address our
concerns about the bill. The Health Professions Primary Care
Reinvestment Act is a significant improvement over
legislation in the last Congress in terms of provisions
affecting health workforce, information, evaluation and
analysis, and geriatric training. Your staff is to be
commended for drafting legislation that is performance-based
and ensures that important strides made to date will not be
diminished.
Please contact our legislative representatives if we can be
of further assistance: Myla Moss at ADEA 202-289-7201 or
Scott Litch at AAPD 312-337-2169 ext. 29.
Sincerely,
Beverly Largent, D.M.D.,
AAPD President.
John S. Rutkauskas, D.D.S., M.B.A., CAE,
AAPD Chief Executive Officer.
Charles N. Bertalomi, D.D.S., D.M.Sc.,
ADEA President.
Richard W. Valachovic, D.M.D., M.P.H,
ADEA Executive.
____

Association of Minority Health Professions Schools, Inc.,

Washington, DC, November 19, 2008.

Senator Hillary Rodham Clinton,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Clinton: The Association of Minority Health
Professions Schools (AMHPS) applauds your introducing the
Health Professions and Primary Care Reinvestment Act. The
Title VII Health Professions programs help strengthen and
diversify our nation's primary care workforce. The Health
Professions and Primary Care Reinvestment Act reauthorizes
these vital programs while greatly improving them.
AMHPS is particularly interested in your efforts to
continue to strengthen the diversity cluster of the Title VII
programs--Centers of Excellence (COI), Health Careers
Opportunities Program (HCOP), Faculty Loan Repayment, and
Scholarships for Disadvantaged Students (SDS). These programs
have been a tremendous federal government investment into the
institutions that focus on increasing the number of health
professionals and the diversity of the health professions. In
the November 2008 issue of Academic Medicine, the article
``Funding the Diversity Programs of the Title VII Health
Professions Training Grants: An Urgent Need,'' written by two
AMHPS institution presidents--Dr. John Maupin of Morehouse
School of Medicine and Dr. Wayne Riley of Meharry Medical
College--confirms that your efforts making a tremendous
effort towards improving the health of all Americans.
Again. thank you for introducing the Health Professions and
Primary Care Reinvestment Act. Your continued leadership and
dedication to health care is greatly appreciated. We urge you
to do all that you can to see that building a stronger
workforce of primary care professionals that is more diverse
is a top priority during the current health care debate.
Ensuring passage of your important bill would be a very good
first step,
Sincerely,
Wayne Harris, Ph.D.,
Chairman, Board of Directors, Association of Minority
Health Professions Schools.
____

Association of Schools of

Public Health,

Washington, DC, November 18, 2008.
Hon. Hillary Rodham Clinton,
Russell Senate Office Building,
Washington, DC.
Dear Senator Clinton: On behalf of the Association of
Schools of Public Health (ASPH), I would like to thank you
for introducing the Health Professions and Primary Care
Reinvestment Act. Your leadership in introducing legislation
that would reauthorize Title VII of the Public Health Service
Act takes a vital step in providing support to the health
care delivery system, health care and public health
professionals.
By 2012 over 100,000 public health workers are eligible to
retire (23 percent of the workforce). More importantly, in
order to have the same public health workforce to population
ratio in 2020 as existed in 1980, the public health workforce
would need to add an additional 250,000 workers. As Congress
begins to consider legislation that would overhaul the health
insurance system in this country, we hope that the Health
Professions and Primary Care Reinvestment Act will be
considered to ensure a well trained health care workforce
will be in place to meet the increased demand for basic
health care services.
We would like to thank you for the inclusion of public
health in several sections of the bill including the Health
Professions Training for Diversity provisions of the
legislation. Expansion of the program to include training for
the next generation of researchers and educators is important
as public health researchers in the early stages of their
careers offer novel investigator-initiated research ideas
that could transform science and policy.
We applaud the establishment of the Academic Health
Department (AHD) Program to establish partnerships between
accredited Schools of Public Health (SPH) and state or local
public health departments. This program has demonstrated
success in expanding SPH/health department partnerships with
the goal of developing models of collaboration in the areas
of teaching and service. The training programs offered by
AHDs will provide learning opportunities for public health
professionals throughout their careers. We also appreciate
the continued support of the existing Public Health and
Preventive Medicine Program which offers vital support to
train health professionals in this important area.
Again, we would like to thank you for your leadership and
we look forward to working with you as you work to advance
this legislation. We are glad to see your commitment to
addressing workforce shortage issues in health care and offer
our support of the Health Professions and Primary Care
Reinvestment Act.
Sincerely,
Harrison C. Spencer, MD, MPH,
President and CEO.
____

National AHEC Organization,

Oak Creek, WI.
Hon. Hillary Rodham Clinton,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Clinton: On behalf of the National Area Health
Education Center Organization (NAO), I would like to offer
support for the Health Professions and Primary Care
Reinvestment Act legislation that includes AHEC
reauthorization.
Your ongoing support of the National AHEC Organization and
the AHEC centers and programs that we represent across the
country are critical to the health professions pipeline,
quality education and training programs for health care
professionals, allied health professional and students across
the county.
The Health Professions and Primary Care Reinvestment Act
will ensure the sustainability of the many critical programs
offered by AHEC's throughout the nation.
Please feel free to call upon the NAO for additional
support as you move forward with your efforts and be assured
that our support and this letter may be used publicly to
advance the Health Professions and Primary Care Reinvestment
Act legislation.
Sincerely,
Rose M. Yuhos,
NAO President.
____

National Council for Diversity

in the Health Professions,

November 19, 2008.
Hon. Hillary Rodham Clinton,
U.S. Senate, Russell Senate Office Building, Washington, DC.
Dear Senator Clinton: The National Council on Diversity in
the Health Professions (NCDHP) applauds your introducing the
Health Professions and Primary Care Reinvestment Act. The
Title VII Health Professions programs help strengthen and
diversity our nation's primary care workforce. The Health
Professions and Primary Care Reinvestment Act reauthorizes
these vital programs while greatly improving them.
NCDHP is interested in your efforts to continue to
strengthen the diversity cluster of the Title VII programs,
particularly the reauthorization of Centers of Excellence
(COE) and Health Careers Opportunities Program (HCOP). For
many years, these programs have demonstrated a tremendous
federal government investment into the institutions that
focus on increasing the number of health professionals and
the diversity of the health professions.
Again, thank you for introducing the Health Professions and
Primary Care Reinvestment Act. Your continued leadership and
dedication to health care is greatly appreciated. We urge you
to do all that you can to see that building a stronger
workforce of primary care professionals that is more diverse
is a top priority during the current health care debate.
Ensuring passage of your important bill would be a very good
first step.
Sincerely,
Wanda D. Lipscomb,
Chair.
____

Socieiy of General

Internal Medicine,

Washington, DC, November 17, 2008.
Hon. Hillary Rodham Clinton,
Russell Senate Office Building,
Washington, DC.
Dear Senator Clinton: On behalf of the Society of General
Internal Medicine, I want to applaud your leadership in
advancing national policies that promote improved patient
care for all Americans. In particular, I

[[Page 24234]]

want to commend you on the introduction of the Health
Professions and Primary Care Reinvestment Act.
By any measure, primary care, including general internal
medicine, is the cornerstone of our nation's health care
system. Patients with primary care physicians have better
health status, longer life expectancy and lower health care
costs. Moreover, for the poor, the uninsured and the elderly,
primary care functions as a safety net, serving as the first
and often the only contact for care and treatment.
For more than three decades, the Title VII Training in
Primary Care Medicine and Dentistry (TPCMD) program, in
particular, has contributed significantly to improving the
quality of education and training of the nation's primary
care workforce, with special emphasis on individuals from
disadvantaged backgrounds and underrepresented minorities.
But challenges remain. For example, forecasts are that the
demand for general internists will increase by 38 percent
within the next 15 years, while the number of new physicians
entering the field of general internal medicine continues to
decline.
By strengthening and expanding the TPCMD program, your
legislation recognizes that primary care is the linchpin of
our health care system and that an adequate, well-trained
primary care workforce is critical to the success of any
health care reform measures Congress undertakes.
In addition, your legislation calls for a more
comprehensive approach to addressing the systemic needs of
our health care system, including the creation of primary
care training institutes that will promote all-important
collaboration across all primary care disciplines, as well as
partnering with community health centers in a way that will
speed the translation of research into community practice.
Furthermore, the work of these institutes will help
contribute to better health outcomes by fostering the
development of the patient-centered medical home model.
At a time when 47 million Americans lack health coverage,
when increasing numbers of elderly are entering the age of
highest risk of chronic disease, and when racial and ethnic
disparities persist, the Health Professions and Primary Care
Investment Act provides a solid framework for meeting these
challenges.
Again, thank you for introducing this important
legislation. As in the past, our Society stands ready to
assist you in whatever way we can.
Sincerely,
Lisa V. Rubenstein,
President.

____________________

SUBMITTED RESOLUTIONS

______

SENATE RESOLUTION 707--AUTHORIZING THE PRESIDENT OF THE SENATE TO
CERTIFY THE FACTS OF THE FAILURE OF JOSHUA BOLTEN, AS THE CUSTODIAN OF
RECORDS AT THE WHITE HOUSE, TO APPEAR BEFORE THE COMMITTEE ON THE
JUDICIARY AND PRODUCE DOCUMENTS AS REQUIRED BY COMMITTEE SUBPOENA

Mr. LEAHY submitted the following resolution; from the Committee on
the Judiciary; which was placed on the calendar:

S. Res. 707

Whereas, since the beginning of this Congress, the Senate
Judiciary Committee has conducted an investigation into the
removal of United States Attorneys;
Whereas, the Committee's requests for information related
to its investigation, including documents and testimony from
the White House and White House personnel, were denied;
Whereas, the White House has not offered any accommodation
or compromise to provide the information requested that is
acceptable to the Committee;
Whereas, on April 12, 2007, pursuant to its authority under
Rule 26 of the Standing Rules of the Senate, the Senate
Committee on the Judiciary authorized issuance to the
Custodian of Records at the White House, a subpoena which
commands the Custodian of Records to provide the Committee
with all documents in the possession, control, or custody of
the White House related to the Committee's investigation;
Whereas, on June 13, 2007, the Chairman issued a subpoena
pursuant to the April 12, 2007, authorization to White House
Chief of Staff Joshua Bolten as the White House Custodian of
Records, for documents related to the Committee's
investigation, with a return date of June 28, 2007;
Whereas, on June 28, 2007, in response to subpoenas for
documents issued by the Senate and House Judiciary
Committees, White House Counsel Fred Fielding conveyed the
President's claim of executive privilege over all information
in the custody and control of the White House related to the
Committee's investigation;
Whereas, based on this claim of executive privilege, Mr.
Bolten refused to appear and produce documents to the
Committee in compliance with the subpoena;
Whereas, on June 29, 2007, the Chairmen of the House and
Senate Judiciary Committees provided the White House with an
opportunity to substantiate its privilege claims by providing
the Committees with the specific factual and legal bases for
its privilege claims regarding each document withheld and a
privilege log to demonstrate to the Committees which
documents, and which parts of those documents, are covered by
any privilege that is asserted to apply and why;
Whereas, the White House declined this opportunity in a
July 9, 2007, letter to the Committee Chairmen from Mr.
Fielding, while reiterating the privilege claim;
Whereas, on August 17, 2007, Mr. Fielding rejected the
Chairman's request for a meeting with the President to work
out an accommodation for the information sought by the
Committee;
Whereas, on November 29, 2007, the Chairman ruled that the
White House's claims of executive privilege and immunity are
not legally valid to excuse current and former White House
employees from appearing, testifying and producing documents
related to this investigation and directed Mr. Bolten, along
with other current and former White House employees, to
comply immediately with the Committee's subpoenas by
producing documents and testifying;
Whereas, Mr. Bolten has not complied with the Committee's
subpoenas or made any offer to cure his previous
noncompliance;
Whereas, the Committee's investigation is pursuant to the
constitutional legislative, oversight and investigative
powers of Congress and the responsibilities of this Committee
to the Senate and the American people; including the power
to: (1) investigate the administration of existing laws, and
obtain executive branch information in order to consider new
legislation, within the Committee's jurisdiction, including
legislation related to the appointment of U.S. Attorneys; (2)
expose any corruption, inefficiency, and waste within the
executive branch; (3) protect the Committee's role in
evaluating nominations pursuant to the Senate's
constitutional responsibility to provide advice and consent;
and (4) examine whether inaccurate, incomplete, or misleading
testimony or other information was provided to the Committee:
Therefore be it
Resolved, That the President of the Senate certify the
facts in connection with the failure of Joshua Bolten, as the
Custodian of Records at the White House, though duly
summoned, to appear and to produce documents lawfully
subpoenaed to be produced before the Committee, under the
seal of the United States Senate, to the United States
Attorney for the District of Columbia, to the end that Joshua
Bolten may be proceeded against in the manner and form
provided by law.

____________________

SENATE RESOLUTION 708--AUTHORIZING THE PRESIDENT OF THE SENATE TO
CERTIFY THE FACTS OF THE FAILURE OF KARL ROVE TO APPEAR AND TESTIFY
BEFORE THE COMMITTEE ON THE JUDICIARY AND TO PRODUCE DOCUMENTS AS
REQUIRED BY COMMITTEE SUBPOENA

Mr. LEAHY submitted the following resolution; from the Committee on
the Judiciary; which was placed on the calendar:

S. Res. 708

[[Page 24235]]

Whereas, the White House declined this opportunity in a
July 9, 2007, letter to the Committee Chairmen from Mr.
Fielding, while reiterating the blanket privilege claims;
Whereas, on July 26, 2007, the Chairman issued a subpoena
authorized March 22 to Mr. Rove for documents and testimony
related to the Committee's investigation, with a return date
of August 2;
Whereas, the Chairman noticed an August 2, 2007, Judiciary
Committee hearing under its Rules at which Mr. Rove was
subpoenaed to testify;
Whereas, Mr. Fielding, in an August 1, 2007 letter to the
Chairman and Ranking Member, informed the Committee that the
President would invoke a claim of executive privilege and a
claim of immunity from congressional testimony for Mr. Rove,
and directed Mr. Rove not to produce responsive documents or
testify before the Committee about the firings, and that Mr.
Rove would not appear in response to the Committee's
subpoena;
Whereas, based on these claims of executive privilege and
absolute immunity, Mr. Rove refused to appear or to produce
documents or to testify at the Committee's August 2, 2007,
hearing in compliance with the subpoena;
Whereas, on August 17, 2007, Mr. Fielding rejected the
Chairman's request for a meeting with the President to work
out an accommodation for the information sought by the
Committee;
Whereas, on November 29, 2007, the Chairman ruled that the
White House's claims of executive privilege and immunity are
not legally valid to excuse current and former White House
employees from appearing, testifying and producing documents
related to this investigation and directed Mr. Rove, along
with other current and former White House employees, to
comply immediately with the Committee's subpoenas by
producing documents and testifying;
Whereas, Mr. Rove has not complied with the Committee's
subpoenas or made any offer to cure his previous
noncompliance;
Whereas, the Committee's investigation is pursuant to the
constitutional legislative, oversight and investigative
powers of Congress and the responsibilities of this Committee
to the Senate and the American people; including the power
to: 1) investigate the administration of existing laws, and
obtain executive branch information in order to consider new
legislation, within the Committee's jurisdiction, including
legislation related to the appointment of U.S. Attorneys; 2)
expose any corruption, inefficiency, and waste within the
executive branch; 3) protect the Committee's role in
evaluating nominations pursuant to the Senate's
constitutional responsibility to provide advice and consent;
and 4) examine whether inaccurate, incomplete, or misleading
testimony or other information was provided to the Committee:
Now, therefore, be it
Resolved, That the President of the Senate certify the
facts in connection with the failure of Karl Rove, though
duly summoned, to appear and testify before the Judiciary
Committee and to produce documents lawfully subpoenaed to be
produced before the Committee, under the seal of the United
States Senate, to the United States Attorney for the District
of Columbia, to the end that Karl Rove may be proceeded
against in the manner and form provided by law.

____________________

SENATE RESOLUTION 709--EXPRESSING THE SENSE OF THE SENATE THAT THE
UNITED STATES SHOULD PURSUE THE ADOPTION OF BLUEFIN TUNA CONSERVATION
AND MANAGEMENT MEASURES AT THE 16TH SPECIAL MEETING OF THE
INTERNATIONAL COMMISSION ON THE CONSERVATION OF ATLANTIC TUNAS

Mr. KERRY (for himself, Ms. Snowe, Mrs. Boxer, Ms. Cantwell, and Mr.
Reed) submitted the following resolution; which was referred to the
Committee on Commerce, Science, and Transportation:

S. Res. 709

Whereas Atlantic bluefin tuna fishery is valuable
commercially and recreationally in the United States and many
other countries;
Whereas the International Convention for the Conservation
of Atlantic Tunas entered into force on March 21, 1969;
Whereas the Convention established the International
Commission for the Conservation of Atlantic Tunas to
coordinate international research and develop, implement, and
enforce compliance of the conservation and management
recommendations on the Atlantic bluefin tuna and other highly
migratory species in the Atlantic Ocean and the adjacent
seas, including the Mediterranean Sea;
Whereas in 1974, the Commission adopted its first
conservation and management recommendation to ensure the
sustainability of Atlantic bluefin tuna throughout the
Atlantic Ocean and Mediterranean Sea, while allowing for the
maximum sustainable catch for food and other purposes;
Whereas in 1981, for management purposes, the Commission
adopted a working hypothesis of 2 Atlantic bluefin tuna
stocks, with 1 occurring west of 45 degrees west longitude
(hereinafter referred to as the ``western Atlantic stock'')
and the other occurring east of 45 degrees west longitude
(hereinafter referred to as the ``eastern Atlantic and
Mediterranean stock'');
Whereas, despite scientific recommendations intended to
maintain bluefin tuna populations at levels that will permit
the maximum sustainable yield and ensure the future of the
stocks, the total allowable catch quotas have been
consistently set at levels significantly higher than the
recommended levels for the eastern Atlantic and Mediterranean
stock;
Whereas despite the establishment by the Commission of
fishing quotas based on total allowable catch levels for the
eastern Atlantic and Mediterranean bluefin tuna fishery that
exceed scientific recommendations, compliance with such
quotas by parties to the Convention that harvest that stock
has been extremely poor, most recently with harvests
exceeding such total allowable catch levels by more than 50
percent for each of the last 4 years;
Whereas insufficient data reporting in combination with
unreliable national catch statistics has frequently
undermined efforts by the Commission to assign quota
overharvests to specific countries;
Whereas the failure of many Commission members fishing east
of 45 degrees west longitude to comply with other Commission
recommendations to conserve and control the overfished
eastern Atlantic and Mediterranean bluefin tuna stock has
been an ongoing problem;
Whereas the Commission's Standing Committee on Research and
Statistics noted in its 2006 report that the fishing
mortality rate for the eastern Atlantic and Mediterranean
stock may be more than 3 times the level that would permit
the stock to stabilize at the maximum sustainable catch
level, and continuing to fish at the level of recent years
``is expected to drive the spawning biomass to a very low
level'' giving ``rise to a high risk of fishery and stock
collapse'';
Whereas the Standing Committee's 2008 report recommended
that the annual harvest levels for eastern Atlantic and
Mediterranean bluefin tuna be reduced from 32,000 metric tons
to 15,000 metric tons or less to halt decline of the resource
and initiate rebuilding;
Whereas the Standing Committee has stated that time and
area closures could greatly facilitate the implementation and
monitoring of rebuilding strategies and recommended a closure
of the Mediterranean Sea in May, June, and July, as well as a
minimum size limit of 25 kilograms;
Whereas in 2006, the Commission adopted the
``Recommendation by ICCAT to Establish a Multi-Annual
Recovery Plan for Bluefin Tuna in the eastern Atlantic and
Mediterranean'' containing a wide range of management,
monitoring, and control measures designed to facilitate the
recovery of the eastern Atlantic and Mediterranean bluefin
tuna stock;
Whereas the Recovery Plan is inadequate and allows
overfishing and stock decline to continue, and initial
information indicates that implementation of the plan in 2007
by many eastern Atlantic and Mediterranean bluefin tuna
harvesting countries has been poor;
Whereas since 1981, the Commission has adopted additional
and more restrictive conservation and management
recommendations for the western Atlantic bluefin tuna stock,
and these recommendations have been implemented by Nations
fishing west of 45 degrees west longitude, including the
United States;
Whereas despite adopting, fully implementing, and complying
with a science-based rebuilding program for the western
Atlantic bluefin tuna stock by countries fishing west of 45
degrees west longitude, catches and catch rates remain very
low;
Whereas many scientists believe that mixing occurs between
the western Atlantic bluefin tuna stock and the eastern
Atlantic and Mediterranean stock, and as such, poor
management and noncompliance with recommendations for one
stock are likely to have an adverse effect on the other
stock; and
Whereas additional research on stock mixing will improve
the understanding of the relationship between eastern and
western bluefin tuna stocks and other fisheries, which will
assist in the conservation, recovery, and management of the
species throughout its range: Now, therefore, be it
Resolved, That it is the sense of the Senate that the
United States delegation to the 16th Special Meeting of the
International Commission for the Conservation of Atlantic
Tunas, should--
(1) pursue a meaningful assessment of Commission member
compliance with the ``Recommendation by ICCAT to Establish a
Multi-Annual Recovery Plan for Bluefin Tuna in the eastern
Atlantic and Mediterranean'' (Recommendation 06-05),
including seeking detailed explanations from Commission
members that have failed to effectively implement the terms
of the recommendation;

[[Page 24236]]

(2) pursue the adoption by the Commission of measures
designed to eliminate non-compliance, including, as
appropriate, deducting a portion of a future quota for a
party to compensate for such party exceeding its quota in
prior years, and where appropriate, steps should be taken to
link non-compliance with reductions in fishery or market
access;
(3) seek a temporary suspension of the eastern Atlantic and
Mediterranean bluefin tuna fishery, including all trade, if
significant progress toward establishing science-based
management measures, improving monitoring and control
measures, and addressing compliance issues is not made at the
Commission this year;
(4) seek to strengthen the conservation and management of
the eastern Atlantic and Mediterranean bluefin tuna by making
recommendations to halt the decline of the stock and begin to
rebuild it, including reducing annual harvest levels so that
they do not exceed recommendations of the Standing Committee
and expanding the time and area closure for the Mediterranean
purse seine fleet to include May, June, and July; and
(5) pursue additional research on the relationship between
the western Atlantic and eastern Atlantic and Mediterranean
bluefin tuna stocks and the extent to which the populations
intermingle.

____________________

AUTHORITY FOR COMMITTEES TO MEET

committee on banking, housing, and urban affairs

Mrs. MURRAY. Mr. President, I ask unanimous consent that the
Committee on Banking, Housing, and Urban Affairs be authorized to meet
during the session of the Senate on November 19, 2008 at 10 a.m.
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on finance

Mrs. MURRAY. Mr. President, I ask unanimous consent that the
Committee on Finance be authorized to meet during the session of the
Senate on Wednesday, November 19, 2008, at 10 a.m., in room 215 of the
Dirksen Senate Office Building, to hear testimony on ``Health Care
Reform: An Economic Perspective''.
The PRESIDING OFFICER. Without objection, it is so ordered.

committee on the judiciary

Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate
Committee on the Judiciary be authorized to meet during the session of
the Senate, to conduct a hearing entitled ``Helping Families Save Their
Homes: The Role of Bankruptcy Law'' on Wednesday, November 19, 2008, at
10 a.m., in room SH-216 of the Hart Senate Office Building.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

ALBUQUERQUE INDIAN SCHOOL ACT

Mr. CASEY. Mr. President, I ask unanimous consent that the Chair now
lay before the Senate the House message to accompany S. 1193.
There being no objection, the Presiding Officer (Mr. Pryor) laid
before the Senate the following message from the House of
Representatives:

S. 1193

Resolved, That the bill from the Senate (S. 1193) entitled
``An Act 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.'', do pass with
the following amendments:
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 (b) 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.
(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 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 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 United 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.

[[Page 24237]]

(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 (II).
``(II) 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 sub paragraph (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 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 a
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'';
(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

[[Page 24238]]

(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 this 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''.
Amend the title so as to read: ``An Act 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.''.

Mr. CASEY. Mr. President, I ask unanimous consent that the Senate
concur in the House amendments, the motion to reconsider be laid upon
the table, and that any statements relating to the bill be printed in
the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

CIVIL RIGHTS ACT OF 1964 COMMEMORATIVE COIN ACT

Mr. CASEY. Mr. President, I ask unanimous consent that the Banking
Committee be discharged from further consideration of H.R. 2040, and
that the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered. The clerk
will report the bill by title.
The assistant legislative clerk read as follows:

A bill (H.R. 2040) to require the Secretary of the Treasury
to mint coins in commemoration of the semicentennial of the
enactment of the Civil Rights Act of 1964.

There being no objection, the Senate proceeded to consider the bill.
Mr. CASEY. Mr. President, I ask unanimous consent that the bill be
read a third time and passed, the motion to reconsider be laid upon the
table, with no intervening action or debate, and that any statements
relating to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (H.R. 2040) was ordered to a third reading, was read the
third time, and passed.

____________________

APPOINTMENT

The PRESIDING OFFICER. The Chair, on behalf of the Republican leader,
pursuant to provisions of Public Law 110-343, appoints the following
individual as a member of the Congressional Oversight Panel: The
Honorable Judd Gregg, of New Hampshire.
Mr. CASEY. 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. CASEY. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

ORDERS FOR THURSDAY, NOVEMBER 20, 2008

Mr. CASEY. Mr. President, I ask unanimous consent that when the
Senate completes its business today, it stand in adjournment until 9:30
a.m. tomorrow, Thursday, November 20; that following the prayer and
pledge, the Journal of proceedings be approved to date, the morning
hour be deemed expired, the time for the two leaders be reserved for
their use later in the day, and the Senate proceed to a period of
morning business for up to 1 hour, with Senators permitted to speak for
up to 10 minutes each; that following morning business, the Senate
resume consideration of the motion to proceed to Calendar No. 1123,
H.R. 6867, an act to provide for additional emergency unemployment
compensation.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________

PROGRAM

Mr. CASEY. Mr. President, earlier this evening, Senator Reid filed
cloture on the motion to proceed to the unemployment insurance
legislation. Negotiations are ongoing to come to an agreement to have
that vote tomorrow. Senators will be notified when the vote is
scheduled.

____________________

ADJOURNMENT UNTIL 9:30 A.M. TOMORROW

Mr. CASEY. If there is no further business to come before the Senate,
I ask unanimous consent that it stand adjourned under the previous
order.
There being no objection, the Senate, at 6:42 p.m., adjourned until
Thursday, November 20, 2008, at 9:30 a.m.

____________________

NOMINATIONS

Executive nominations received by the Senate:

FEDERAL HOUSING FINANCE AGENCY

STEVE A. LINICK, OF VIRGINIA, TO BE INSPECTOR GENERAL OF
THE FEDERAL HOUSING FINANCE AGENCY. (NEW POSITION)

SECURITIES INVESTOR PROTECTION CORPORATION

ALESIA RANNEY-MARINELLI, OF NEW YORK, TO BE A DIRECTOR OF
THE SECURITIES INVESTOR PROTECTION CORPORATION FOR A TERM
EXPIRING DECEMBER 31, 2011, VICE ARMANDO J. BUCELO, JR., TERM
EXPIRING.
MARK S. SHELTON, OF KANSAS, TO BE A DIRECTOR OF THE
SECURITIES INVESTOR PROTECTION CORPORATION FOR A TERM
EXPIRING DECEMBER 31, 2011. (REAPPOINTMENT)

INTER-AMERICAN FOUNDATION

THOMAS JOSEPH DODD, OF THE DISTRICT OF COLUMBIA, TO BE A
MEMBER OF THE BOARD OF DIRECTORS OF THE INTER-AMERICAN
FOUNDATION FOR A TERM EXPIRING JUNE 26, 2014. (REAPPOINTMENT)
GARY C. BRYNER, OF UTAH, TO BE A MEMBER OF THE BOARD OF
DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM
EXPIRING JUNE 26, 2014. (REAPPOINTMENT)
ROGER W. WALLACE, OF TEXAS, TO BE A MEMBER OF THE BOARD OF
DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM
EXPIRING OCTOBER 6, 2014. (REAPPOINTMENT)
RODNEY G. BENT, OF VIRGINIA, TO BE A MEMBER OF THE BOARD OF
DIRECTORS OF THE INTER-AMERICAN FOUNDATION FOR A TERM
EXPIRING SEPTEMBER 20, 2014, VICE ADOLFO A. FRANCO, TERM
EXPIRED.

IN THE COAST GUARD

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS VICE
COMMANDANT OF THE UNITED STATES COAST GUARD AND TO THE GRADE
INDICATED UNDER TITLE 14, U.S.C., SECTION 47:

To be vice admiral

VICE ADM. DAVID P. PEKOSKE

IN THE AIR FORCE

THE FOLLOWING NAMED AIR NATIONAL GUARD OF THE UNITED STATES
OFFICER FOR APPOINTMENT AS THE DIRECTOR, AIR NATIONAL GUARD
AND FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF
THE AIR FORCE UNDER TITLE 10, U.S.C., SECTIONS 601 AND 10506:

To be lieutenant general

MAJ. GEN. HARRY M. WYATT III

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

To be lieutenant colonel

RICHARD W. JOST

THE FOLLOWING NAMED INDIVIDUAL FOR APPOINTMENT TO THE GRADE
INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, U.S.C.,
SECTION 531(A):

To be major

CLEVIS T. PARKER

IN THE ARMY

THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE INDICATED IN
THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTION
12203:

To be colonel

LYNN F. ABRAMS

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY NURSE CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

CATHERINE A. OLIVER

THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL SERVICE
CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be major

TIMOTHY S. ALLISONAIPA

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

To be major

DANIEL A. STRODE

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

To be major

JOSEPH S. SELKEN

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADE INDICATED IN THE UNITED STATES ARMY MEDICAL
SPECIALIST CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND
3064:

To be major

THOMAS A. BRYANT
KENNETH S. GILLESPIE
JAMES P. MCGINNIS

[[Page 24239]]

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY MEDICAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be lieutenant colonel

JAMES A. GRIGGS
WILLIAM B. WILKINSON

To be major

PAUL R. HUNT

THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR APPOINTMENT TO
THE GRADES INDICATED IN THE UNITED STATES ARMY DENTAL CORPS
UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064:

To be lieutenant colonel

PETER H. GUEVARA

To be major

WALTER W. CASPER
WALTER W. SHRATZ

[[Page 24240]]

EXTENSIONS OF REMARKS
____________________

IN HONOR OF JANIS KING ARNOLD

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Wednesday, November 19, 2008

Mr. KUCINICH. Madam Speaker, I rise today in honor of Janis King
Arnold, and in recognition of 36 outstanding years of service in the
Cleveland Metro School District. She has been instrumental in bringing
innovative educational programs to the Greater Cleveland Area.
Janis Arnold has a multifaceted and rich history in public service
and recently retired from a long and illustrious career in the
Cleveland Metro School District. She attended public schools in the
Greater Cleveland Area and went on to earn a degree in Education from
Central State University. During her 36-year tenure in the Cleveland
Metro School District, Mrs. Arnold served as a classroom teacher,
parent engagement coordinator, administrative intern and assistant
principal. She was further able to demonstrate her leadership skills
when she became Principal of John Buhrer School in 1987--a position she
would remain in until her retirement in August of this year. During her
time at John Buhrer School, Mrs. Arnold instituted a unique dual
language program at the school--the first program of its kind in the
State of Ohio. The program, designed to foster cross-cultural
understanding and to give students the proper tools to become bilingual
is partly funded through a grant by the U.S. Department of Education.
She also expanded the school's music program through a grant from VH1's
Save the Music Program and through partnerships with the Cleveland
Museum of Art and the Cleveland Cultural Coalition.
Mrs. Arnold has been recognized several times for leadership,
innovative work and the relationships she forged between numerous
churches and community agencies. Under her leadership, John Buhrer
School was awarded the School of Excellence Award from Esperanza, Inc.
in 2001 and the Excelling School Award in 1997. Mrs. Arnold was
recognized at the 21st Annual Multicultural/Multilingual Conference for
her significant contributions to multicultural education.
Madam Speaker and colleagues, please join me in honor of Janis King
Arnold, and in recognition of her significant contributions to
education in the Greater Cleveland Area. May her work on fostering
cross-cultural understanding and work with community organizing serve
as an example for all of us to follow.

____________________

TRIBUTE TO MAJOR GENERAL JOHN E. MURRAY

______

HON. BILL PASCRELL, JR.

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. PASCRELL. Madam Speaker, I rise today to honor the life and
accomplishments of veteran, civil servant, and author Major General
John E. Murray (United States Army Retired).
Born in Clifton, New Jersey, November 22, 1918, General Murray was
drafted into the United States Army in 1941 as a private leaving his
studies at St. John's University and rose to the rank of Major General.
The career that followed was to take him through three wars, ten
campaigns and logistic and transportation operations throughout the
world. He earned his LL.B. from New York Law School in 1949, LL.D. in
1975 and M.A. from George Washington University in 1961. He was a
member of the New York and United States Supreme Court Bar as well as a
member of the Korean Bar.
He fought and served bravely during the Korean War and went on to
become the Director of Army Transportation in 1969 and 1970. He then
served as Chief of Logistics to the Pacific Command and Chief of
Logistics for the Military Assistance Command from 1972 until late
1973, under the command of Admiral John S. McCain, Sr. After the cease
of hostilities in Vietnam, he remained as chief military in charge of
intelligence operations and support of the Vietnamese Armed Forces.
President Reagan called General Murray back to service in 1988-1989
where he served as the Principal Deputy Assistant Secretary of Defense
for Special Operations and Low Intensity Conflict. He was inducted into
the Army Transportation Corps Hall of Fame, located at Fort Eustis,
Virginia in 2001.
After retiring from the military he served as Vice President of the
Association of American Railroads and as special counsel to American
International Underwriters. He served on the White House Agent Orange
Working Group and the Defense Intelligence Task Force on POWs and MIAs.
He also served with the White House Office of Science and Technology on
epidemiological studies and with industry of a variety of legal and
logistics matters.
General Murray lectured at Georgetown University on Crisis Management
and at the National Defense University. He was a prolific author of
articles involving logistics and business matters and also contributed
book reviews to Time-Life books and National Defense Transportation
magazine. Publications include Lawyers, Computers and Power; War
Transport; Show Biz; The Myths of Business and the Business of Myths;
Sweet Adversity; and The U.S. Army, how it Motivates.
Among his numerous awards were the D.S.M.; Legion of Merit; the
Italian War Cross, Knight Order Crown of Italy; and decorations from
the Korean and Vietnamese Governments.
Madam Speaker, I was truly saddened by the death of General Murray. I
would like to extend my deepest condolences to his family. My thoughts
and prayers are with his daughter Valerie, of Norfolk Virgina, his
granddaughter Shana and grandson Andrew of Norfolk Virginia; his
brother Danny of Arlington Virginia, and a large extended family.

____________________

HONORING REVEREND DR. J. ALFRED SMITH, SR.

______

HON. BARBARA LEE

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. LEE. Madam Speaker, I rise today with my colleague, Congressman
Pete Stark, to honor the extraordinary life accomplishments of the
Reverend Dr. J. Alfred Smith, Sr. He is a leader, teacher, spiritual
guide, and inspiration to all who know him. Pastor Smith will be
retiring this year from his position as Senior Pastor at Allen Temple
Baptist Church in Oakland, California.
Pastor Smith has led this church and our community for 40 years. In
that time he has positively influenced countless lives and left an
indelible mark. It is without doubt that his legacy will continue to
inspire people and promote the strong ideals and unwavering humanity
Pastor Smith has always stood for.
Throughout his life and tenure as Senior Pastor, Dr. Smith championed
the causes of the poor and the disenfranchised. Through his many
publications, interviews, and sermons, Dr. Smith reminded us everyday
of our human obligation and the standards of dignity, charity, and
common love that we must all live by. In the Greater Bay Area, he also
spearheaded groundbreaking programs to reach out to those most in need
and assist them in their struggles. He is an individual who never
failed to practice what he preached, and who has used his own life as
an example with grace, humility, and an unsurpassable kindness and
empathy for others.
The ministries and message of Dr. J. Alfred Smith, Sr. has made an
impact locally, nationally, and internationally. From testifying before
the United Nations in New York City in 1989 against the apartheid
government in South Africa to securing affordable housing for seniors,
he has dedicated his career to promoting peace and equality. His work
has inspired and uplifted people from all faiths and backgrounds to
dedicate their lives to this same noble pursuit.
This is Dr. Smith's true gift to us all--the gift of positive
influence. He has inspired our leaders and our children to carry on the
difficult

[[Page 24241]]

fight for justice in a way that is both compassionate and relentless.
Through the many programs for youth that he has created and
supported, Dr. Smith has invested himself fully in the education of the
next generations. By doing this, he has created irreplaceable
opportunities which would not have existed for these children without
him. By remaining personally involved in their experiences and
progress, he has empowered them to believe in the importance of their
own efforts and to commit themselves to carrying others up behind him,
as he has done for so many years. Dr. Smith has shown our community
that we can live our lives with eloquence, devotion, and with a deep
respect for all of God's children.
In Pastor Smith's retirement years, it is certain that he and his
brilliant and beautiful wife, the Reverend Bernestine Farley-Smith,
will continue to contribute to our society immensely and spread the
benefits of their many collective years of experience by serving their
community, enjoying their family, and most importantly walking and
talking with God.
Today, the residents of California's 9th and 13th Congressional
Districts join with the members of Allen Temple Baptist Church, its
community allies, fellow congregations, and Pastor Smith's loving
family to celebrate his years of service and wish him a most happy and
fruitful retirement. Our sincere gratitude goes out to Dr. Smith's
three sons, two daughters, fourteen grandchildren and seven great-
grandchildren for sharing this visionary leader and wonderful human
being with us. We are all better people for having had the blessing of
this man's friendship and guidance. May he and his wife rejoice and
enjoy their time together for many happy years to come.

____________________

HONORING THE SERVICE AND RETIREMENT OF JIM TURNER

______

HON. BART GORDON

of tennessee

in the house of representatives

Wednesday, November 19, 2008

Mr. GORDON of Tennessee. Madam Speaker, I rise today to recognize the
service of a valued staff member--James H. Turner, Jr.--who will retire
at the end of this year from the staff of the Committee on Science and
Technology. As the Chief Counsel for the Full Committee, Jim's
expertise in law and science policy is unmatched.
Jim first came to Capitol Hill as Legislative Counsel for Congressman
Gary Myers in 1975. During his 29 years of working on the Hill, Jim has
served many roles for the Committee, including Technology Team Leader
and Subcommittee Staff Director. He has worked across the board on the
Committee's legislative agenda, especially in the areas of technology
and energy policy. In addition, Jim's dedication and hard work were
crucial to the creation and passage of the Stevenson-Wydler Act and the
Bayh-Dole Act which reshaped technology transfer policy. Also, Jim
played a key role in the development and maintenance of the Small
Business Innovation Research (SBIR) program.
Jim holds degrees from Georgetown and Yale Universities and from
Westminster College and attended the Senior Managers in Government
Program at Harvard's Kennedy School of Government. Before his time on
the Committee, Jim worked for Wheelabrator-Frye, Congressman Myers, the
National Aeronautics and Space Administration (NASA), and the Federal
Aviation Administration (FAA). In addition, he served on the Clinton
Presidential transition team and as a social worker for the state of
Connecticut.
Outside of work, Jim is involved in his church as a Chairperson for
the St. Columba's Episcopal Church Outreach Steering Committee. Jim
also dedicates his time to advising young people as a mentor for the
Georgetown University Law School and as the Washington Coordinator for
the MIT/UVA summer internship program. Over the years, Jim has been
known for his efforts in helping young professionals obtain jobs and
providing ongoing career advice.
Madame Speaker, Jim's dedication and work ethic have made him a
valued member of the Committee staff. I know that all of the Science
and Technology Committee's Members and staff wish him and his wife
Betty well in their journey ahead. In closing, I just want to say thank
you, Jim, for your many years of dedicated public service. You will be
missed.

____________________

TRIBUTE TO JOE BOLGER

______

HON. EMANUEL CLEAVER

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. CLEAVER. Madam Speaker, I rise to honor one of Jackson County's
finest political leaders, Joe Bolger, Jr. who died on November 18,
2008. He grew up proud of his Eastern Jackson County roots. He attended
the University of Missouri and graduated with a bachelor of science in
1955. By the age of 36 he was happily married to Joanne Kobe Bolger and
had three children, Kathleen, Brian and Craig. By this time in his
life, he had garnered the respect of his community as he served as
president of the Jackson County Chamber and had been appointed to the
State Water Pollution Board by Missouri Governor Warren E. Hearnes.
With the support of friends and family he entered the political arena
running for the Democratic nomination for Jackson County Eastern
District Judge, a seat that had been held by President Harry S. Truman.
He filed his papers at the Jackson County Clerk's office in the
Independence Courthouse, which he insisted was the real county seat, a
debate that continues today.
In 1970 Joe Bolger, Jr. was elected Eastern Judge of Jackson County,
joining Presiding Judge George W. Lehr and Western Judge Harry Wiggins.
All three judges were in their 30's with Joe Bolger, Jr. being the
youngest of the judges. They were a dynamic combination and set Jackson
County on a path of prosperity and growth. He was a strong advocate and
defender for Eastern Jackson County. He believed in listening and
learning from his constituents. While fighting for the rights of
Eastern Jackson County, Joe Bolger, Jr. stated in The Kansas City Star
article, ``We would like to look upon you as our big brother. . . . not
be seen as stepchildren. The eastern and western districts are two
different worlds, and I'm not pleased with your attitude toward the
balance of the county.'' He spoke of the future and warned that the
population would soon shift outside Kansas City. He fought for the
sports complex, infrastructure improvements, economic opportunities,
and better schools.
He served for two years, 1971 and 1972. History will record that he
was the last Eastern Jackson County Judge. In his last year, 1972, the
Truman Sports Complex opened in Eastern Jackson County. We were the
talk of the sports nation as we cut the ribbon on the top designed
major league facilities.
By 1973, Jackson County had adopted a charter form of government,
consisting of a County Executive and 15 legislators. Joe Bolger Jr. was
voted to continue his service as a member of the original 15
legislators, representing northeast Jackson County. He was a powerful
voice as he served with three Jackson County Executives. After the
second County Executive, Mike White, decided not to run for another
term, many asked Joe Bolger, Jr. to run but he declined. He served on
the Jackson County Legislature for ten years, leaving all of Jackson
County a better place to live. He brought industry and commerce to
Eastern Jackson County and watched as the population grew. He was
instrumental in the Little Blue Valley Sewer District and the continued
development of Eastern Jackson County. He believed in a Truman style of
government of plain speaking and respect for his community. He will
always be remembered as highly intelligent, a caring father, and
advocate for his constituency.
Madam Speaker, please join me in expressing our appreciation to the
life and accomplishments of Joe Bolger, Jr. His legacy lives on in
Jackson County as his work and dedication lead to the betterment of our
community. I urge my colleagues of the 110th Congress to join me in
remembering a great man from Eastern Jackson County.

____________________

HONORING NANCY HICKS MAYNARD

______

HON. BARBARA LEE

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. LEE. Madam Speaker, I rise today to honor the extraordinary life
and accomplishments of one of our nation's greatest trailblazers. The
renowned journalist and activist for truth in media, Nancy Hicks
Maynard, passed away on September 21, 2008 at the age of 61. Her
vivacious and extraordinary presence will be greatly missed, however
her life's work has ensured that future generations will continue to
benefit from her courageous impact indefinitely.
A news pioneer and the first African-American woman to own a major
daily newspaper in America, Nancy Hicks Maynard was an inspiration to
all who knew her. Her incredible journalism career began in 1966 when,
outraged by inaccurate and destructive reporting on her neighborhood,
Nancy broke onto the scene as a reporter for the New York Post at the
age of 20.

[[Page 24242]]

From there she went on to work at the New York Times. At that time
she was the Times' youngest staff reporter. However, that did not
prevent Nancy from covering the hottest issues. From the Apollo space
missions to African-American student takeovers at Columbia and Cornell
universities, and the mid-sixties urban rebellions, Nancy was on the
ground working nonstop to ensure that these stories were reaching the
public not only through an objective lens, but from the viewpoint of a
young person of color--something shamefully nonexistent in the media at
that time.
In 1975 she married Robert C. Maynard, who wrote for the Washington
Post and was already a news giant in his own right. At that time in our
nation's history, Nancy and Robert were among the best and most
accomplished of the fewer than 50 black journalists who held
significant roles in the newspaper, radio and television journalism
industries. However, rising up within a damaged and biased system was
not enough for the Maynards. Not content with their own personal
accomplishments, they both believed that their greatest civic duty was
to level the playing field and bring others up behind them.
Two years later, they both resigned from their lucrative posts to
pursue their shared fundamental ideals. This included, demanding a
higher standard of ethics and accountability in journalism and
promoting equal opportunity for people of color in the media industry.
They moved to the West Coast to pursue what was right and just and to
establish a non-profit dedicated to training minority reporters and
pressing newsrooms to ``reflect the diversity of thought, lifestyle and
heritage in our culture.''
In Berkeley, California, Nancy and Robert joined with eight other co-
founders and launched the year-round Institute for Journalism
Education--the first of its kind in this field.
In 1983, the couple purchased the financially struggling Oakland
Tribune from the Gannett Company. For nearly a decade, the Maynards co-
published the daily paper. It was at the Oakland Tribune that their
vision of diversity in staffing and coverage took physical form and set
an example for the conservative, overwhelmingly white newsroom managers
they had been trying to reach out to for so many years. The Maynards
sold the Tribune in 1992 and Robert passed away a few months afterward.
During the ten years of their proprietorship, the company contributed
approximately $300 million in payroll revenue alone to the city of
Oakland and its residents.
Nancy was the child of an African-American jazz musician and a
Caucasian mother. Through her personal and professional experiences,
she understood the need for the most talented and committed minds in
journalism to work together to break down racial barriers and report
the truth back to the community. She carried this rich heritage and
strong sense of purpose with her throughout her life. In 1998, the
National Association of Black Journalists awarded her its annual
Lifetime Achievement Award.
Today, California's 9th Congressional District salutes Nancy Hicks
Maynard and honors her legacy. We thank her family for sharing this
amazing spirit with us, especially her partner, Jay T. Harris, her
mother, Eve Keller, her sister, Barbara Guest, her brother, Al Hall,
her sons, David and Alex, and her daughter, Dori. May her soul rest in
peace.

____________________

IN HONOR OF THE PALESTINE CHILDREN'S RELIEF FUND

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Wednesday, November 19, 2008

Mr. KUCINICH. Madam Speaker, I rise today in order to recognize the
achievements of The Palestine Children's Relief Fund (PCRF) on the
occasion of their 2008 gala, entitled ``Healing Hands.'' For the past
17 years, PCRF has played an instrumental role in providing some of the
best medical treatment for children all over the Middle East.
The Palestine Children's Relief Fund is a U.S.-based non-profit that
has now become the leading organization providing free medical
treatment for children in the Middle East. PCRF works closely with
doctors, hospitals, and organizations throughout North America and
Europe in order to facilitate specialized medical care for children who
are unable to be treated locally. Children have been treated in
hospitals all over the United States, including in Cleveland and other
cities across Ohio. Since its founding in 1991, PCRF has treated over
800 children outside of the Middle East and continues to send doctors
from the United States to train medical personnel in the region.
Madam Speaker and colleagues, please join me in honor of the
Palestine Children's Relief Fund and in recognition of their
outstanding achievements and important work in providing free medical
treatment to children in need.

____________________

BRUCE ASHWILL

______

HON. JOHN T. DOOLITTLE

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. DOOLITTLE. Madam Speaker, I would like to take a moment to pay
tribute to Bruce Ashwill, a close friend from the Fourth Congressional
District of California.
Bruce Ashwill is a legend in California real estate. As a founding
partner of Ashwill Burke and the founder of Bishop Hawke and Aborn
Powers, it is estimated that he has hired and trained more than 1,700
real estate professionals in his more than 38 years in the commercial
real estate business. Bruce is a valued member of local chambers of
commerce and many professional trade groups such as the California
Association of Realtors and the Sacramento Trade Organization.
We first met in 1983 when I was running for the California State
Senate, and our friendship has grown from there. I have been privileged
to benefit from the wisdom and experiences Bruce has shared with me,
providing great insight into business, politics and life.
Bruce graduated from University of California at Los Angeles, with a
Bachelor of Science degree. He and his wife of 46 years, Barbara, live
on a ranch in Shingle Springs, California. Bruce and Barbara have been
blessed with three children and eight grandchildren.
I would like to wish Bruce and Barbara good luck in all their future
endeavors and express to them how much they mean to Julie and me. We
look forward to continuing our great friendship for many years to come.

____________________

HONORING BOB FRALEY

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich, to congratulate Bob Fraley upon his induction into the
Fresno Athletic Hall of Fame. Mr. Fraley will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Bob Fraley grew up in the tiny community of Hardwick, California, and
admired the man considered the best pole-vaulter ever, ``Dutch''
Warmerdam. Coach Fraley was raised just an orchard away from the
Warmerdam home. Before he was done with his storied career, Coach
Fraley would nurture a track-and-field powerhouse at Lemoore High
School, mentor more than 40 All-Americans at California State
University, Fresno, and made the ``Fraley'' name synonymous with the
pole vault all over the world.
According to Coach Fraley, his most significant accomplishment in his
career was saving the California State University, Fresno, men's track-
and-field team in 2003 after it was cut by the school as an
intercollegiate sport. He saved the program by telling the university's
administration, ``take my salary; just don't take my sport.'' The
school agreed and Coach Fraley coached for free and was hailed in
Sports Illustrated for solving a problem instead of pointing fingers at
others.
The honors are many for Coach Fraley, who was also a trailblazer for
women's athletics and the implementation of Title IX. He was named 2003
USA Track and Field Nike Coach of the Year, U.S. Olympic Committee
Developmental Coach of the Year in 2004, 2006 national Pole Vault Hall
of Fame inductee and two-time Western Athletic Conference coach of the
year. During his 28 years at California State University, Fresno,
including 8 years as head coach, he developed many of the Nation's top
performers; including 19 Academic All-Americans. Among his top athletes
were pole-vaulter Jim Davis, who cleared 19 feet and won three NCAA
titles; four-time All-American triple jumper Reggie Jackson; and
Melissa (Price) Lewis, the first female inductee of the national Pole
Vault Hall of Fame and the first female high school and NCAA pole vault
champ.
Madam Speaker, we rise today to commend and congratulate Bob Fraley
upon his achievements and induction into the Fresno Athletic Hall of
Fame. I invite my colleagues to join me in wishing Coach Fraley
congratulations on his many accomplishments.

[[Page 24243]]

____________________

HONORING MATER DEI KNIGHTS VOLLEYBALL TEAM

______

HON. JOHN SHIMKUS

of illinois

in the house of representatives

Wednesday, November 19, 2008

Mr. SHIMKUS. Madam Speaker, I rise today to honor the Mater Dei
Knights Volleyball Team. The Knights placed third at the IHSA State
Volleyball match on Saturday November 15, 2008.
Continuing their tradition of success, this is the Knights' 12th
trophy in school history. The Knights competed for their title against
Chicago Payton. Winning in just two games, the Knights defeated Payton
by scores of 25-17 and 25-22.
It is my pleasure to congratulate Coaches Fred Rakers and Chad Rakers
along with the Knights Volleyball Team members--Cortney Crocker, Morgan
Dall, Laura Thole, Tabatha Albers, Andria Lampe, Kalye Boeckmann, Maria
Gebke, Alison Mueller, Ashley Rakers, Nicole Strieker, Samantha Bedard,
Kayla Eversgerd, Alyssa Hitpas, Brooke Schulte, and Abbey Winter--on
their success.
I wish the Knights continued success for seasons to come!

____________________

HONORING SATOSHI HIRAYAMA

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today, along with Congressman
Nunes, to congratulate Satoshi ``Fibber'' Hirayama upon the opening and
dedication of the newest gymnasium in Clovis Unified School District.
Mr. Hirayama will be honored at a dedication ceremony on Thursday,
October 16, 2008 at Gateway High School.
Mr. Hirayama was raised in the Central San Joaquin Valley on a farm.
At the age of twelve he began to play competitive sports, mostly
football and baseball. These skills were developed even further when
his family, along with thousands of other Japanese-Americans, was
relocated to an Internment Camp in Arizona during World War II. While
in the camp an organized baseball league began with 32 teams. The
competitive nature of the games is where his baseball skills became
refined.
When the war ended, Mr. Hirayama and his family returned to the San
Joaquin Valley. He completed high school and received a scholarship to
play baseball at Fresno State College. While at Fresno State he
lettered in football and baseball. He lead the baseball team with
seventy-six stolen bases in a season and five stolen bases in one game,
this record stood for over forty years. After college he was picked up
by the Stockton Ports in the Pacific Coast League, a farm team for the
St. Louis Browns. Mr. Hirayama was the first Japanese-American from
Fresno to play professional baseball. After one year in the league he
was called to serve for the U.S. military. From 1953 to 1955, Mr.
Hirayama served as a soldier at Fort Ord and continued to play baseball
with fellow soldiers on base.
Upon being discharged from the military he signed with the Hiroshima
Carp in the Japanese Baseball League. He and a fellow teammate, Kenshi
Zenimura, were incredibly popular; over 100,000 fans showed up at the
Hiroshima train station to greet the players upon their arrival to
Japan. Mr. Hirayama became a two-time All Star and competed in the
Japanese-Major League Baseball All Star games against legends, such as
Mickey Mantel, Whitey Ford, Casey Stengel and Stan Musial.
After playing in the league for 10 years, he returned to California
and in 1965 was hired as a teacher for Clovis continuation. He became
vice principal at the continuation school for two periods per day and
also taught 5 periods of math at Clovis High School per day. In 1970 he
was promoted to principal of the continuation school and in 1972 became
the first principal of the new continuation school, Gateway High. After
holding that position for five years, he served as the Administrator of
Personnel for Clovis Unified School District. He remained in that
position for 13 years, until he retired from the district in 1990.
Today, Mr. Hirayama continues to work in the baseball world. He
currently scouts for the Carps in Japan and the Dominican Republic. He
is a true pioneer for the sport of baseball and an incredible example
of competiveness and determination.
Madam Speaker, I rise today to commend and congratulate Satoshi
``Fibber'' Hirayama upon the dedication of the new gymnasium in his
name. I invite my colleagues to join me in wishing Mr. Hirayama many
years of continued success.

____________________

HONORING THE LIFE OF JOE MENDOZA

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. WOOLSEY. Madam Speaker, I rise with a heavy heart today to honor
my friend Joe Mendoza, who passed away on October 25, 2008, at the age
of 90. There are so many things to be said about Joe--a rancher, a
community leader, and a family man who was held in high esteem by all
who knew him. I can think of no better tribute than these remarks
delivered at his memorial service by his long-time friend, Joseph
Schoeningh:
Point Reyes is a unique geographical area on our beautiful coastline.
It was there 90 years ago this past July that Joseph H. Mendoza, a
truly unique man, was born. It was also there this past Saturday that
he died.
Joe Mendoza (Papa Joe to many of us) was a loving husband, father,
grandfather, great-grandfather and uncle. He was a caring friend and
neighbor, a very successful businessman, dairyman and rancher, a true
outdoorsman, avid hunter and fisherman. As a husband, he deeply loved,
honored and cherished his ``Mrs. Scotty'' for 67 wonderful years. They
worked as a synchronized team to build their ranching business,
becoming highly successful. Recognized by his peers for his success,
Joe became President of the Challenge Cream and Butter Association,
served on the board of Directors of the National Milk Association, and
also was one of the original board members of the Golden Gate National
Recreation Area.
As a father, he was very proud of his three children. He could be a
tough and stern taskmaster at times, but he always wanted them to learn
and grow from his methods and example. Son Jim shared about the time
when the manure system was broken and they cleaned out the pump, then
Joe put his foot over the outlet and told his young son to turn on the
pump. This was a ``hands on'' manure shower lesson for both men . . .
bet Scotty was thrilled about their entry to ``her'' always spotless
house. . . .
Son Joe remembers the time that he and fellow young men were entered
as an adult ensemble into a parade, riding horses. Their Lions Club
dads stuffed the kids' shirts to make them look bigger and the boys
brought home a trophy. On the way home the proud fathers decided to
stop at the Western in Point Reyes Station. The same proud fathers
proceeded to ride those horses into the bar.
Young Joe watched as the horses and men partied in the bar and a
passing driver almost got in a wreck as she drove by seeing a horse
exit the bar. We wonder did this lay the groundwork for Joe Junior's
future.
Joe passed on his acumen as a business and community leader to his
family. Daughter Sharon put her accounting education to work taking a
part-time job when she was raising her family. She did books for Joe,
Scotty and the family dairy businesses. Really this was their way to
connect and Sharon was able to learn from her ``hero''. Sharon and Joe
enjoyed talking business, talking cows and strategizing financial and
political plans.
As a grandfather, the stories are numerous and wonderful. He had a
manner of connecting with young people and no matter what their age, he
stayed connected. Joe combined his love of Grandchildren and other
pastimes at various locations from ``the cabin'' to his Duck Hunting
Club at Grizzly Island. Granddaughter Teresa recalls their tradition
that went on for ages when she accompanied Joe and Scotty to the Duck
Club. Before any other task, when they arrived, Joe and Teresa would
get into the boat and ``cruise the Hawaiian Islands''--they were on the
lookout for hula girls in that Fairfield swamp and saw many great
performances as they checked on the water level and duck population. As
a great grandfather of nine, he just burst with pride as he watched
this latest generation sprout up and found a way to ``connect'' with
each of them as well.
There was a special place in his heart for nephews Marvin and George
Nunes whom he mentored in both businesses and life after the untimely
death of their father in the early '50s.
As a hunter/gatherer, he was the organizer and leader of countless
outings in pursuit of deer, ducks, doves and pheasant. Joe looked
forward to every season with a new excitement and occupied most
mornings calling up friends to set up their plans. He especially looked
forward to the annual bird hunting trip to Mexico at the beginning of
each year and was so fortunate to travel there only 6 months ago.
As a fisherman who knew the ocean around him, he brought home a wide
array of fish, abalone, crab and oysters . . . Granddaughter

[[Page 24244]]

Karen recalls a fateful day when their catch numbered 33 salmon and 1
halibut. Joe was in the company of Karen and her friend Kristy Skeen .
. . he would describe them as ``2 Tomatas''. Of course all was good
until the end of the day when the ladies retired to the kitchen of the
Scotty-Joe to play cards and Joe was left on deck to clean all those
fish. Of course, he graciously took on the task, never interrupting
their game.
As a good friend and neighbor Joe Mendoza was a mainstay of the
``point'' ranches. Neighbors became friends and they were like their
own family watching out for one another during crisis or time of need.
Joe was very proud, yet a very humble man, a man of much foresight
and practicality. One good piece of advice he gave to many of us goes
like this . . .
``If you do all of the talking, then they know everything you know
and you don't know what they know.''
He was also very practical about avoiding the ``eye of a storm''.
Once he and I, at the end of a great holiday party at the cabin,
decided to take a small boat across Tomales Bay to the Marshall Tavern
for a final ``nite cap''. When Mrs. Scotty discovered that we were
missing and so was the boat, she correctly surmised where we were. As
Joe and I were enjoying our final nite cap the bartender hollered out,
``there is a very persistent woman on the phone who wants to talk to a
JOE right now and she really means it''. Joe Mendoza calmly looked at
me and said ``That call is for you!'' I took the phone and guess whose
ear Mrs. Scotty burned to a crisp!
Joe and Scotty helped to organize the ``world famous'' Western
Weekend in Point Reyes Station that continues to this day with a
wonderful 2 block long parade that circled through town at least twice
so that it would last longer than 10 minutes.
Joe had a great sense of humor and he loved a good story or a funny
incident and when he really laughed he had a special little kick that
just naturally happened. When you saw that extra little body language,
you knew he was really enjoying himself.
Joe loved to dance and he was very good at it. So to his delight many
Tomatas including daughter, granddaughters and great-granddaughters
took turns sharing him with his very favorite Tomata and dance partner,
his beloved ``Scotty''.
My last thoughts today are of Joe and Scotty arm in arm dancing to
one of their favorite country songs, being sung by Pam Nadale, a local
country artist who passed on some time ago. The song in which I have
changed just one word is ``Waltz Across Texas''. It goes like this . .

When we dance together my worlds in disguise

It's a fairyland tale that's come true

When you look at me with those stars in your eyes

I could waltz across heaven with you

Waltz across heaven with you in my arms

Waltz across heaven with you

Like a storybook ending I'm lost in your charms

and I could waltz across heaven with you

Waltz across heaven. . . .

____________________

IN HONOR OF ST. PAUL UNITED CHURCH OF CHRIST

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Wednesday, November 19, 2008

Mr. KUCINICH. Madam Speaker, I rise today in honor of St. Paul United
Church of Christ in Parma, Ohio on the occasion of its one hundred and
fiftieth anniversary, and in recognition of its dedication to
education, the community, and to God.
St. Paul United Church of Christ was founded 150 years ago and boasts
a variety of programs dedicated to serving members of the congregation
and the community. The Church has a number of ministries, including a
scholarship program, a Hunger Task Force, and a Neighbors in Need
ministry. The members of St. Paul United Church of Christ devote a
significant amount of their time to community service and are an
integral part of the Greater Cleveland community.
I also rise in recognition of Joseph Ripka, an internationally
recognized and award-winning organist who will be performing at St.
Paul United Church of Christ's anniversary celebration. Mr. Ripka is
this year's winner of the Dublin International Organ Competition and
was the 2006 winner of the San Marino/Elizabeth Elftman National Organ
Competition.
Madam Speaker and colleagues, please join me in honor of St. Paul
United Church of Christ in Parma, Ohio as its congregation celebrates
its one hundred and fiftieth anniversary, and in recognition of the
Church's significant contributions to the community.

____________________

RECOGNIZING THE UNIVERSITY TRANSPORT SYSTEM OF THE UNIVERSITY OF
CALIFORNIA, DAVIS ON THE OCCASION OF CARRYING ITS 50 MILLIONTH
PASSENGER

______

HON. MIKE THOMPSON

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. THOMPSON. of California. Madam Speaker, I rise day to recognize
the University Transport System of the University of California, Davis
or Unitrans, as it is known to its riders. For over forty years,
Unitrans has served both UC Davis and the broader Davis community, and
is celebrating the boarding of its 50 millionth rider this year.
Founded in 1968 to support a growing UC Davis community, Unitrans has
helped the University and the City of Davis grow and flourish.
Originally, Unitrans had only two vintage double-decker London buses,
which have become the most recognizable symbols of their presence in
the community. The system is also notable because UC Davis students are
almost entirely responsible for the day to day operations of Unitrans.
All Unitrans drivers are undergraduate students and they are known for
their professionalism and dedication to ensuring the system runs
smoothly. Today, Unitrans has 49 buses servicing 14 routes and carries
three million passengers every year.
The facts about the benefits of public transportation are clear. Bus
systems produce half as much carbon dioxide and substantially fewer
emissions per passenger mile driven than private vehicles. By providing
convenient access to public transportation, Unitrans is helping to keep
our air clean and reduce traffic on our streets. Unitrans has also led
the way in supporting clean energy by using compressed natural gas to
fuel 90 percent of their buses. As our nation continues to work to
fight global climate change, Unitrans provides an excellent example of
how we can reduce our environmental impact and our carbon footprint.
Madam Speaker, it is fitting at this time that we recognize the
dedication and hard work of all the drivers, staff and riders who have
made Unitrans such a success. Their efforts have been vital in
supporting the growth of UC Davis, and we can expect that they will
continue their service to the Davis community for many years to come.

____________________

IN RECOGNITION OF THE RETIREMENT OF PAT HOLLARN, OKALOOSA COUNTY
SUPERVISOR OF ELECTIONS

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER of Florida. Madam Speaker, on behalf of the United States
Congress, it is an honor for me to rise today in recognition of Pat
Hollarn upon her retirement as Okaloosa County Supervisor of Elections.
For over twenty years Pat Hollarn has ensured the process of fair and
balanced voting. As Supervisor of Elections for Okaloosa, County, Ms.
Hollarn has distinguished herself as a champion of increasing voter
turnout, voting access, and overall knowledge of the electoral process.
With incredible foresight and a keen understanding of the needs of the
community, Ms. Hollarn paired advanced technology with the voting
booth, serving at the forefront of the Internet voting project. This
project has enabled voting access to disabled voters and military
personnel serving oversees. Operation Bravo, a program founded by Ms.
Hollarn to alleviate the problem of servicemen and women not receiving
their absentee ballots while abroad, has made it significantly easier
for troops and other Americans living oversees to vote. Additionally,
Ms. Hollarn stresses the importance of voter education with programs
like ``Kids Voting'' and ``Kids Vote Too'' which relay the practice and
privilege of voting to a younger audience.
Ms. Hollarn's dedication to the civic realm spans far beyond her
current position of supervisor of elections. Ms. Hollarn's resume is
clustered with board and committee memberships as well as numerous
positions in various organizations. Chambers of Commerce, The Bidgeway
Center, and the North Okaloosa American Cancer Society highlight the
longstanding career Ms. Hollarn has fashioned out of civic duty and
community service.
Madam Speaker, on behalf of the United States Congress, I am proud to
honor Pat Hollarn for her enduring allegiance to the voting process and
the subsequent benefits such

[[Page 24245]]

dedication has provided for the First District of Florida.

____________________

CONGRESSIONAL RECOGNITION FOR MEMBERS OF THE ACADEMY NOMINATING
COMMITTEE

______

HON. GABRIELLE GIFFORDS

of arizona

in the house of representatives

Wednesday, November 19, 2008

Ms. GIFFORDS. Madam Speaker, I rise today to pay tribute to the men
and women of Arizona's 8th Congressional District who for the past two
years have served as members of my Military Academy Nominating
Committee.
These 23 dedicated citizens have played an invaluable role in
assisting me with one of my most important duties as a member of the
House of Representatives: nominating young men and women for admission
into our nation's military service academies.
As a result of this committee's wise counsel and careful
consideration, in my first year I nominated 24 constituents for
admission to the U.S. Military, Naval, Air Force and Merchant Marine
academies.
Committee members spent countless hours reviewing applications,
interviewing students and drafting their recommendations for nomination
to the academies. Their singular goal was to make sure that the best
and brightest students received a nomination.
My Military Academy Nominating Committee members are:
Ellen Ackerman, Jim Ackerman, Steve Alexander, Terri Allaire,
Adalberto Araiza, Larry Bahill, Bill Benedict, Dan Cavanagh, Ed
Cerutti, Mike Crawford, Mimi Finch, Bruce Greenberg, Doug Kliman,
Robert Nichols, Chris Palmenberg, Bob Parson, Larry Putman, Joe
Sciabarra, Burney Starks, Bob Strain, Tim Timmins, Paul Weishaupt, and
Jessica Woelbling.
I commend them for their commitment to this important nominating
process and for their help in identifying the United States military
leaders of the future.

____________________

HONORING THE REVEREND BONITA GRUBBS FOR HER OUTSTANDING SERVICE TO THE
COMMUNITY

______

HON. ROSA L. DeLAURO

of connecticut

in the house of representatives

Wednesday, November 19, 2008

Ms. DeLAURO. Madam Speaker, It is with great pleasure that I rise
today to join family, friends, colleagues, and the New Haven community
in extending recognizing my good friend, the Reverend Bonita Grubbs, as
we gather to celebrate her 20th Anniversary as the Executive Director
of Christian Community Action. It has been through her outstanding
leadership and vision that Christian Community Action has grown into an
invaluable resource for those most in need.
Christian Community Action is a non-profit ecumenical social service
organization whose mission includes providing emergency food, housing,
and support to New Haven's poor while encouraging them to attain self-
sufficiency. Christian Community Action is also a vocal advocate for
the most vulnerable of our citizens--working to change the systems that
perpetuate poverty and injustice. For twenty of its thirty year
history, Bonita has been at the helm of this institution where she has
led the way in expanding its programs and services. She has a unique
combination of compassion, generosity, and vision which has enabled her
to ensure that this agency can continue to meet the changing needs of
the poor.
More than just her professional contributions have made Bonita one of
our most respected community leaders. She has served on the Boards of
the Greater New Haven Community Loan Fund, the International Festival
of Arts and currently serves on the Boards of the Hospital of Saint
Raphael, Connecticut Voices for Children, the Connecticut Housing
Coalition, Quinnipiac Bank and Trust, and the Connecticut Center for
School Change. She has been a member of the Judicial Review Council for
the State of Connecticut as well as president of the Connecticut
Coalition to End Homelessness. Ordained to the Christian Ministry
within the American Baptist Church in November of 1987, Bonita has also
served as the Interim Pastor of the Christian Baptist Church in Hamden,
Connecticut. Bonita understands the importance of being involved in
one's community and has made an extraordinary effort to enrich the
lives of those less fortunate.
Her work with Christian Community Action as well her myriad of
volunteer efforts have changed the face of the New Haven community and
brought much needed attention to the needs of the poor. Bonita knows
that the prosperity of a community lies in the willingness of its
members to give back and she has done much to strengthen the bonds of
our community.
I must also take this opportunity to extend my heartfelt thanks to
Bonita for her many years of special friendship. She has been a source
of inspiration to me and so many others. I am honored to take this
moment to stand and recognize the Reverend Bonita Grubbs for her 20
years of dedicated service to Christian Community Action and her
outstanding contributions. Every community should be so fortunate as to
have such an accomplished and devoted advocate. mentor, and friend.

____________________

HONORING THOSE WHO FOUGHT THE ANGEL ISLAND FIRE

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. WOOLSEY. Madam Speaker, I rise today to honor the heroic
firefighters who, with bravery and dedication, halted the fire that
threatened to devastate Angel Island State Park, one of our Nation's
unparalleled treasures, located in San Francisco Bay near Tiburon in
Marin County, California.
Heroic firefighters across America brave flames and smoke to save
lives and protect homes and property. Everyday these men and women risk
their safety on our behalf.
On Sunday, October 12, 2008 flames threatened to swallow Angel
Island, a renowned landmark that boasts a history dating back to the
Civil War. In 1863, Angel Island was home to Camp Reynolds, which
guarded the bay during the Civil War. The island later served as an
immigration station, dubbed ``The Ellis Island of the West''. During
the Cold War, the Nike missile site was located on Angel Island.
Many of these structures are truly windows into our past. In
particular, I have worked with my colleagues and with concerned
citizens such as the Angel Island Immigration Station Foundation to
restore the immigration station. The stories of peoples' lives are
literally written into its walls and have much to tell us about our own
history and humanity.
When fire raged at Angel Island, threatening to devastate our
Nation's jewel, 275 firefighters united forces to stop the fire and
ultimately protect 120 historic buildings and 360 acres from
destruction.
Days after the orange and red flames dissipated into a cloud of
smoke, a crew of 100 dedicated firefighters remained on the island to
complete their duties.
Successfully battling a major wildland fire is never the act of one
person alone. Marin's fire agencies have an effective mutual aid
agreement which brought skilled personnel and resources from agencies
throughout the County with a shared objective--saving the Island's
historical buildings and minimizing resource damage. Angel Island Park
personnel were an instrumental part of the command structure and, with
the help of the U.S. Coast Guard, quickly evacuated overnight campers
to a safe location. As always, the air attack and support provided by
crews and personnel from CAL FIRE gave firefighters the upper hand to
ultimately bring the fire under control. This was an amazing example of
inter-agency cooperation that was the key to a successful outcome.
Madam Speaker, I thank these leaders and their crews who saved a
tremendous part of our history. They and their many colleagues across
the country are truly our heroes. Thanks to their tireless and timely
response to a looming threat, Angel Island, a beacon of history and
environmental beauty, can continue to enrich the lives of visitors from
around the world.

____________________

IN HONOR OF JOHANNA OROZCO

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Wednesday, November 19, 2008

Mr. KUCINICH. Madam Speaker, I rise today in honor and recognition of
Johanna Orozco. Her courage, personal strength and concern for others
in the wake of unimaginable personal tragedy nearly two years ago at
the young age of fifteen, has lifted her into the rare and inspiring
platform as a champion of women's rights. Her activism has inspired
people of all ages throughout our Greater Cleveland community,
especially young women who are vulnerable to domestic violence.

[[Page 24246]]

Ms. Orozco did not only survive the vicious attack by her ex-
boyfriend, she has reached out as an activist, speaking openly on high
school and college campuses. She selflessly shares her own painful
experience in order to educate and protect others from unhealthy
relationships and domestic violence. Despite her near death, she
battled to recover, rising a stronger and wiser individual. Through
every painful phase of her rehabilitation and surgeries, Ms. Orozco
reflects grace and dignity.
Madam Speaker and colleagues, please join me in honor and recognition
of Johanna Orozco, who has transformed her personal tragedy into
triumph. She has emerged with strength, determination and an optimistic
view for her future. She continues to inspire those who have been
privileged to meet and know her. I look forward to her future
achievements. Johanna Orozco is a heroin among us, and our community
will continue to support her as she recovers.
Madam Speaker and colleagues, please join me in honor and gratitude
of Johanna Orozco, whose remarkable story and activism will forever
have an impact on our community. May her courage continue to serve as
an inspiration for us all.

____________________

HONORING LEE ANGELICH

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today, along with Congressman
Costa, to congratulate Lee Angelich upon his induction into the Fresno
Athletic Hall of Fame. Mr. Angelich will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Lee Angelich, the youngest of five boys, was born to a Serbian
immigrant family and starred in track and field in high school and
college. Mr. Angelich qualified for the State Finals his senior year at
Shasta High School. In his two years at Sacramento Junior College, he
led the Panthers to league and state titles and in 1941 he led them to
a national title. Mr. Angelich placed second in the 120 high hurdles
and fifth in the high jump at the national meet. He then went on to the
University of California, where in 1943 he won Pacific Coast Conference
titles in the 120 high and the 220 low hurdles, and finished fifth and
sixth respectively in the same events at the NCAA Championships. In
1943, Mr. Angelich joined the Navy and served as an officer on the
U.S.S. Rixey in the Pacific. After the war, he enrolled at California
State University Fresno and placed third in the West Coast Relays in
the 120 high hurdles.
After completing his education Mr. Angelich began coaching. As a
coach he stressed fundamentals, defense and teamwork. He guided boys'
teams at Kerman High, Porterville High and Fresno High to eight league
championships and an overall record of 255-76 from 1947 to 1963. His
Kerman team won the Central Section small schools championship, and his
Fresno High teams won forty-eight straight games at home, second best
in section history. Under Mr. Angelich, Fresno High won four
consecutive North Yosemite League titles (1957-1960). He is one of the
rare coaches to win central Section titles in two different sports, as
Fresno High captured the boys' track-and-field championship in 1957. He
became one of the winningest high school basketball coaches in central
section history. Additionally, after turning down a chance to coach
Greece's national men's basketball team in 1959, he organized and
coached the Libyan national team that participated in the North African
Games in 1961.
Madam Speaker, we rise today to commend and congratulate Lee Angelich
upon his achievements and induction into the Fresno Athletic Hall of
Fame. I invite my colleagues to join me in wishing Mr. Angelich
congratulations on his many accomplishments.

____________________

HONORING AMANDA SCOTT

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today, along with Congressman
Radanovich, to congratulate Amanda Scott upon her induction into the
Fresno Athletic Hall of Fame. Ms. Scott will be honored at the 50th
anniversary enshrinement dinner at the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Amanda Scott was born and raised in Clovis, California and graduated
from Clovis High School. She went on to attend California State
University, Fresno where she pitched for the Lady Bulldogs. In the
championship game of the 1998 National Collegiate Athletic Association,
NCAA, Softball World Series, Ms. Scott pitched a near perfect game
against top-seeded Arizona in Oklahoma City, Oklahoma. She led her team
to a 1-0 victory over Arizona. She pitched seven innings, allowing
three hits and she had six strike outs. At bat, she was three for
three. The Bulldogs had captured their first NCAA Division 1 team
championship in school history.
Ms. Scott's accolades do not stop there. She was the first four-time
first-team All-American for CSU Fresno, she was named number two among
CSU Fresno's ``Greatest Athletes of the Twentieth Century'', two-time
Academic All-American, two-time Western Athletic Conference Female
Athlete of the Year, member of the NCAA's twenty-fifth anniversary
team, winner of an NCAA Postgraduate Scholarship and was named ``Most
Valuable Player'' of the 1998 Softball World Series.
Upon graduating from CSU Fresno she was the school's career leader in
strikeouts (851), saves (110), Runs Batted In (212) and pitching
appearances (155). Her career win-loss record is 106-18 and her batting
average was .303 with thirty-one home runs. Her records are amazing,
and her career continued to grow. Amanda Scott was at her best in the
clutch when she was pitted against the best the sport had to offer; her
face was a picture of resolve whether pitching or batting. She was a
member of the 1998 U.S. team that won the World Championship and was an
alternate on the gold-medal winning 2000 U.S. Olympic team. Ms. Scott
starred in the National Pro Fastpitch league, and was named the ``World
Series Most Valuable Player'' for the 2004 champion, the New York
Juggernaut. Today, she is an assistant softball coach at the University
of Illinois-Chicago and a television sports commentator.
Madam Speaker, I rise today to commend and congratulate Amanda Scott
upon her achievements. I invite my colleagues to join me in wishing Ms.
Scott many years of continued success.

____________________

TRIBUTE TO DR. JAMES CRAWFORD

______

HON. CAROLYN McCARTHY

of new york

in the house of representatives

Wednesday, November 19, 2008

Mrs. McCARTHY of New York. Madam Speaker, I rise today to recognize a
talented pathologist, professor, and author, Dr. James Crawford. Dr.
Crawford recently moved to Long Island, New York to serve as the Chair
of the Department of Pathology and Laboratory Medicine at Long Island
Jewish Hospital. His commitment to advocating for quality health care
and the study of pathology deserves commendation.
Dr. Crawford will be stepping down at the end of December as Chair of
the College of American Pathologists' Political Action Committee.
Pathologists are laboratory physicians that play a key role in health
care by diagnosing and characterizing diseases through examination of
biopsies or bodily fluids.
Prior to accepting his new position at Long Island Jewish Hospital,
Dr. Crawford served as Chair of the Pathology Department at the
University of Florida, College of Medicine. A talented pathology
professor, he has served as a faculty member at Brigham and Women's
Hospital, Harvard Medical School, as well as the Yale University School
of Medicine.
Dr. Crawford is a world expert in hepatic pathology and pathobiology
who has served as the Senior Editor of three books, as well as authored
over 170 original articles and book chapters. Dr. Crawford has also
been an active supporter of early cancer screening tests, especially
Pap tests. Through the years, Pap examinations have proven to be the
most effective screening test for early detection of cervical cancer in
women.
Dr. Crawford received his medical degree and PhD from Duke
University. After completing medical school, he completed his Pathology
Residency and Gastrointestinal Pathology Fellowship at Brigham and
Women's Hospital, as well as a Fellowship in Hepatopathology at the
Royal Free Hospital in London.
Although he will be stepping down as Chair of the College of American
Pathologist's Political Action Committee, Dr. Crawford will continue to
be a strong voice for promoting quality health care in his new position
at Long Island Jewish Hospital. I urge my colleagues to join me in
recognizing this outstanding physician, professor, and author for his
strong commitment to pathology and patient care.

[[Page 24247]]

____________________

IN RECOGNITION OF MAYOR HEATHER FARGO

______

HON. DORIS O. MATSUI

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. MATSUI. Madam Speaker, I rise today to honor Heather Fargo's
twenty years of service to the people of Sacramento as mayor, council
member, and community activist. On November 20th, Mayor Fargo, family
and friends will gather to recognize her outstanding work, and I ask
all my colleagues to join me in honoring one of Sacramento's finest
leaders.
Heather Fargo has always had a strong sense of public service. She
earned a Bachelor of Science degree in Environmental Planning and
Management from the University of California, Davis, and went on to
complete the State and Local Government Executive Program at the John
F. Kennedy School of Government at Harvard University. Before becoming
mayor, she had a distinguished career at the California Department of
Parks and Recreation.
For over twenty years, Mayor Fargo has been a strong advocate for the
development of the City of Sacramento and its neighborhoods. Early in
Mayor Fargo's career in public service, she served as a board member of
the Environmental Council of Sacramento, and was one of the founding
members of the Sacramento Tree Foundation, a non-profit organization
that promotes urban forestry and shows how trees can make our
communities more livable by reducing energy use, cleaning the air, and
enhancing social and economic value. As mayor, she has transformed
Sacramento into a ``green'' city with national recognition for being an
environmentally sustainable city.
First elected to the Sacramento City Council in 1989, Mayor Fargo
played an active role in developing Sacramento's Natomas area, and
redeveloping our downtown into a place where people can live, work and
play. Under her leadership, Sacramento has become a national model for
smart growth and infill development.
After being elected as mayor in 2000, Mayor Fargo proved her
dedication to Sacramento's future by creating the Sacramento Youth
Commission and sponsoring youth mentoring, after school, and truancy
prevention programs. She has given children the opportunity to take
part in local policy development and express their views to community
leaders. Mentors have been recruited to lead high school teens and help
prepare them for successful lives after they graduate.
Mayor Fargo implemented several city policies and programs to bring
Sacramento's neighborhoods together, and foster a greater sense of
community among its residents. This included public participation on
major planning projects, informational workshops on city initiatives
and effective outreach on key issues including flood protection,
emergency preparedness and housing crisis assistance. She also led the
successful efforts to increase funding for levee improvements.
Mayor Fargo has helped unify our region through her leadership on the
Sacramento Area Council of Governments. As chair of SACOG, Mayor Fargo
built relationships with neighboring cities on issues of importance to
our region, especially transportation and air quality issues. She also
was a leader with the U.S. Conference of Mayors and currently is
president of the League of California Cities.
Madam Speaker, as Mayor Heather Fargo, her family and friends gather
on this occasion, I am honored to pay tribute to one of Sacramento's
most distinguished citizens and community leaders. Her successes have
been many, and it is an honor for me to recognize her for her more than
two decades of contributions to the people of Sacramento. I ask all my
colleagues to join me in wishing Mayor Heather Fargo continued success
in her future.

____________________

TRIBUTE TO THE HOME HEALTH AIDES WHO SERVE IN THE STATE OF NEW JERSEY

______

HON. FRANK PALLONE, JR.

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. PALLONE. Madam Speaker, I rise today to honor the dedicated and
admirable work of the home health aides who serve my state of New
Jersey and to commemorate Home Health Aide Recognition Day of 2008.
Home health aides provide a variety of invaluable services, including
personalized care, home support services, physical exercise programs,
and transportation assistance. The home health aides provide these
services in the comfort of a patient's own home, thereby preserving the
dignity and independence of an individual. In addition, providing this
type of specialized care allows patients to remain at home longer,
which can help prevent costly hospitalizations or institutionalizations
that increase the financial burden on the patients, their families, and
our health care system.
Over 40,000 certified aides make home health care available to every
community in New Jersey, every hour of the day, and every day of the
year. I am proud to acknowledge their essential and irreplaceable role
in the health care system of New Jersey.
I would also like to recognize the organizations who sponsored this
day and the meaningful contributions they make to our state's health
care system: the Home Care Association of New Jersey, the New Jersey
Hospital Association, the New Jersey Hospice and Palliative Care
Organization, the Home Care Council of New Jersey, the Health Care
Association of New Jersey, and New Jersey Association for Homes and
Services for the Aging.
Each day, compassionate home health aides in every region of my state
deliver excellence in patient care. The services they provide enable
New Jersey residents of all ages to remain in, or return to, their home
and neighborhoods despite severe illness or disability. The Home Health
Aid Recognition Day honors their extraordinary work, and their unique
ability to enhance the quality of life for thousands of New Jerseyans.
Madam Speaker, I am honored today to recognize these wonderful health
professionals and the vital role they play in our communities.

____________________

RECOGNIZING MAJOR GENERAL WALTER WOJDAKOWSKI FOR SERVICE TO OUR COUNTRY
AND THE UNITED STATES ARMY

______

HON. SANFORD D. BISHOP, JR.

of georgia

in the house of representatives

Wednesday, November 19, 2008

Mr. BISHOP of Georgia. Madam Speaker, I rise today to recognize a
dear friend and one of our brave patriots. For over 30 years, Major
General Walter Wojdakowski who is currently the commanding general at
Fort Benning in Columbus, Georgia, has served our nation with bravery,
dedication and respect. He has a lifetime of selfless service that
included command, battlefield and diplomatic experience. Major General
Walter Wojdakowski ends his brilliant career at Ft. Benning where he
first trained as second lieutenant to become an Infantry platoon
leader.
Schooled in military arts at the United States Military Academy West
Point, he would travel the globe with his wife Candy and their children
Steven and Ami. Major General Wojdakowski would serve in leadership and
staff positions in Germany and Kuwait with distinction as well as duty
stations in the United States.
His impact is measured by the knowledge lie gained through his many
challenging and difficult assignments. He used his experience to train
this generation of war fighters for the most complex and difficult
conflict in our nation's history, the Global War on Terrorism. The men
and women he leads at Ft. Benning can proudly proclaim that they have
trained the best soldiers in the world.
Major General Wojdakowski has demonstrated loyalty, faith and
allegiance to our nation, to our military forces and to the citizens of
our great country. He understands that meeting one's duty is to fulfill
your obligations and accept responsibility for one's actions and the
actions of one's subordinates.
He earned respect leading by example and showing respect by
faithfully upholding and practicing the Army values. Major General
Wojdakowski is recognized for his integrity and strict focus on
exceeding the Army's highest standards. He has always understood the
more you sweat in training, the less you bleed in war.
I am pleased to honor this warrior-patriot on his retirement from the
United States Army. Major General Wojdakowski exemplifies personal
courage and honor. He is one of the brave few who chose a life of
servitude to his nation, and because of his service our nation is safer
and stronger today. I want to commend Major General Wojdakowski, his
wife Candy and his entire family for his reaching this important
milestone. I wish him all the best in the years ahead.

[[Page 24248]]

____________________

CONGRATULATING THE EVANSVILLE MEMORIAL HIGH SCHOOL BOYS AND GIRLS
SOCCER TEAMS FOR WINNING THE 2008 INDIANA SOCCER CHAMPIONSHIPS

______

HON. BRAD ELLSWORTH

of indiana

in the house of representatives

Wednesday, November 19, 2008

Mr. ELLSWORTH. Madam Speaker, I rise today to congratulate the
Evansville Memorial High School boys and girls soccer teams on their
recent historic achievement. On Saturday, November 1, 2008 the teams
became the first to win both the boys and girls Indiana soccer
championships in the same year.
With their impressive 23-0-2 record, the boys' team--led by Coach
Bill Vieth, Jr.--defended their state title by defeating the Zionsville
Eagles 3-2, while Angie Lensing coached the girls' team to its second
state championship, defeating Fort Wayne Snider 2-0, ending their
season with a 22-2 record.
The extraordinary dedication and teamwork shown by these young
athletes is something they can be proud of long after they have left
Memorial High School. The teams and coaching staff have demonstrated
outstanding talent and an unwavering commitment to achieving their
goals. They are an inspiration to me and everyone in the Evansville,
Indiana community who have followed them throughout the years.
Go Tigers!

____________________

IN HONOR OF BOBBY SANABRIA

______

HON. DENNIS J. KUCINICH

of ohio

in the house of representatives

Wednesday, November 19, 2008

Mr. KUCINICH. Madam Speaker, I rise today in honor of Bobby Sanabria,
distinguished percussionist, drummer, composer, recording artist and
producer whose musical talents and leadership in the Hispanic community
has inspired thousands of people. I also rise in honor of Baldwin-
Wallace College and the Hispanic-American Student Association for
hosting and sponsoring Bobby Sanabria's performance as we celebrate
Hispanic Heritage Month in Cleveland.
Bobby Sanabria, of Puerto-Rican descent, was born and raised in the
Bronx, New York City. He earned a Bachelor's of Music Degree from
Berklee College of Music in Boston in 1979. In recognition of his
immense musical talents, Bobby was awarded the prestigious Faculty
Association Award from his Alma mater. He has since become an
internationally recognized drummer and percussionist--performing and
collaborating with countless legendary Jazz and Latin musicians such as
Mario Bauza, Tito Puente, Charles McPherson and Ray Barretto. A
testament to his musical talents, Bobby has collaborated with numerous
award-winning artists on countless CDs and performances, including with
Mario Bauza--who is widely considered the Father of the Afro-Cuban Jazz
movement. His 1999 album, ``NYC Ache!'' was released to international
acclaim and his record ``Afro-Cuban Dream . . . Live & In Clave!'' was
nominated for a Grammy Award for Best Latin Jazz Album in 2001.
Bobby is the recipient of countless awards and honors and holds a
number of prestigious leadership positions. In 2005, he was honored as
DRUM! Magazine's Percussionist of the Year, an award voted on by the
magazine's readers. Bobby was inducted into the ``Bronx Walk of Fame''
and had a street named after him in 2006. In addition to being the
Chair of the former International Association of Jazz Education's Afro-
Jazz Resource Team, he travels all over the United States and the world
lecturing and performing. He is the Honorary Trustee of the Roberto
Ocasio Foundation--a foundation dedicated to promoting programs that
foster the personal and professional development of young musicians, as
well as fostering cultural understanding through music. Bobby has been
an Associate Professor at New School University's Jazz and Contemporary
Music Program for fifteen years and has also been a professor at the
Manhattan School of Music since 1999. He leads Afro-Cuban Orchestras at
both institutions--the only programs of their kind in the country.
Bobby also writes regularly for the New York Post and Modern Drummer,
and has also been featured in the New York Times and The Jazz Times.
Madam Speaker and colleagues, please join me in honor of Bobby
Sanabria, distinguished musician, composer, teacher and producer, and
in recognition of his contributions to continuing the tradition of
Afro-Cuban and Latin Jazz Music.

____________________

TRIBUTE TO JESSICA LONG

______

HON. C.A. DUTCH RUPPERSBERGER

of maryland

in the house of representatives

Wednesday, November 19, 2008

Mr. RUPPERSBERGER. Madam Speaker, I rise before you today to honor
Jessica Long, in celebration of her continued achievements at the 2008
Paralympics in Beijing.
Jessica Long was born in Siberia and was adopted from a Russian
orphanage at the age of 13 months along with her brother Joshua by
Steven and Beth Long of Middle River, Maryland. Because of lower leg
anomalies, her legs were amputated when she was 18 months old. She
learned to walk with prostheses and has been unstoppable ever since.
Long has been involved in many sports including gymnastics,
cheerleading, ice skating, biking, trampoline, and, of course, she
loves to swim. She began swimming in her grandparent's pool before
joining her first competitive team in 2002. The next year, Jessica was
selected as Maryland Swimming's 2003 Female Swimmer with a Disability
of the Year. Jessica made the international swimming world take notice
at the 2004 Paralympic Games, winning three gold medals. Only 12 years
old at the time, Jessica was the youngest athlete on the U.S.
Paralympic Team.
Jessica had a phenomenal year in 2006 with a long list of impressive
accomplishments. She set five world records and earned nine gold medals
at the 2006 International Paralympic Committee Swimming World
Championships in Durban, South Africa in December. In addition to
countless other gold medals and awards, Jessica was named U.S. Olympic
Committee Paralympian of the Year. In 2007, Jessica set three world
records at the GTAC Disability Open in Michigan and three world records
at the Spring Can-Am Swimming Championships in Quebec. She also beat
out many prominent amateur athletes for the prestigious 77th AAU James
E. Sullivan Award. In 2008, Jessica set another world record at the
Can-Am Championships in British Columbia and was the recipient of the
Juan Antonio Samaranch IOC Disabled Athlete Award.
After all of the numerous world records Jessica has set, the awards
she has received, and the medals she has won, at the age of 16 Jessica
eagerly anticipated the 2008 Paralympics in Beijing. There, Jessica won
four gold medals, a silver medal, and a bronze medal.
Madam Speaker, I ask that you join with me today to honor Ms. Jessica
Long. She is an outstanding and dedicated member of the United States
Paralympic Team. In spite of her disability, she has shown a unique and
committed work ethic in sports training and competition. Jessica has
shown the world that no limitation can prevent an individual from
achieving great success. It is with great pride that I congratulate her
on bringing six medals home from the 2008 Paralympics in Beijing.

____________________

HONORING STEVEN B. COLYER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Steven B.
Colyer of Buckner, Missouri. Steven 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 1381, and
earning the most prestigious award of Eagle Scout.
Steven has been very active with his troop, participating in many
Scout activities. Over the many years Steven 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 Steven B.
Colyer for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

HONORING SANTA BARBARA COUNTY FIRE CHIEF JOHN SCHERREI

______

HON. LOIS CAPPS

of california

in the house of representatives

Wednesday, November 19, 2008

Mrs. CAPPS. Madam Speaker, today I rise to acknowledge Mr. John
Scherrei, Fire Chief of Santa Barbara County, upon reaching his
retirement after 38 years of fighting fires.

[[Page 24249]]

Fire Chief Scherrei was appointed as the Santa Barbara County Fire
Department Chief in 1999. He previously had a 28-year career with the
City of Los Angeles Fire Department where he held all ranks from
firefighter to Assistant Chief and was often the highest ranking fire
official on duty for the Los Angeles area.
During Fire Chief Scherrei's time with Santa Barbara County, the Fire
Department has added paramedics on its engine companies; created and
integrated two brush clearing crews to the department; acquired the
County's first high-rise tower ladder truck to its firefighting
equipment inventory and has successfully deployed two firefighting and
rescue helicopters.
Fire Chief Scherrei also oversaw the merger of the Solvang and Orcutt
fire departments into the County Fire Department and guided the Fire
Department through both recent wild land forest fires: the 2007 Zaca
Fire--at about 240,000 acres the largest fire in the County's known
history--and the 9,400-acre Gap Fire that occurred earlier this year.
In both major tires, no lives were lost and no homes were destroyed.
Most recently, Fire Chief Scherrei helped supervise efforts related to
the 2,000-acre Tea fire, which damaged or destroyed 219 residences.
Over the last decade, Fire Chief Scherrei has worked with concerned
citizens to form the Firefighter Alliance, which helps the department
acquire urgent, unbudgeted tools and equipment and he has helped
establish a firefighter Benevolent Association which is a charity to
assist the fire family with personal loss, and family tragedy
situations.
Fire Chief Scherrei was also instrumental in creating the County's
first memorial event at the historic Courthouse Gardens regarding the
September 11th terrorist attacks and also the 75th anniversary event
commemorating the founding of the County Fire Department.
He has a master's degree in public administration from Cal Lutheran
University and a bachelor's degree in sociology from California State
University, Northridge. Fire Chief Scherrei also proudly served in the
U.S. Marine Corps and is a Vietnam Veteran.
Madam Speaker, Chief Scherrei will retire from the County of Santa
Barbara on January 23, 2009. To his wife, Piper; his four children; his
11 grandchildren; and to everyone whose lives have been enriched by
him, Chief Scherrei is a man of courage, vigor, and guidance.
Throughout his tenure as Fire Chief, Mr. Scherrei has advanced the
state of fire and all-hazard emergency response in the County. As a
result, our residents, businesses and visitors have benefited from his
leadership and duty to serve. Therefore, I ask my colleagues to join me
in congratulating Mr. John Scherrei for his 38 years as Fire Chief and
honor his admirable service to the community and our country.

____________________

HONORING JUDGE JOEL B. ROSEN, RECIPIENT OF THE 2008 JUDGE F. GERRY
AWARD

______

HON. ROBERT E. ANDREWS

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. ANDREWS. Madam Speaker, I rise today to commend the Honorable
Joel B. Rosen, former United States Magistrate Judge of the New Jersey
District, on receiving the 2008 Judge John F. Gerry Award. I consider
Joel a close friend and commend him on being honored for his commitment
to his profession and his work on behalf of the community.
This prestigious award is named in honor of Judge John F. Gerry who
was appointed to the United States District Court for the District of
New Jersey by President Gerald Ford in 1974. Judge Gerry became the
District Court's Chief Judge in 1987 and served in this position until
October 1994. The Camden County Bar Foundation established the John F.
Gerry Memorial Scholarship in 2002 as a tribute to the humanitarianism
and integrity of this respected public servant.
Judge Rosen's auspicious career began when he served as an Assistant
United States Attorney, after graduating with honors from Rutgers
School of Law in Camden. As the attorney-in-charge of the United States
Attorney's office in Camden, he received several commendations from the
Department of Justice for prosecuting organized crime and political
corruption. Judge Rosen also served as the Chief of the Special
Prosecutions Section as a Deputy Attorney General in the New Jersey
Division of Criminal Justice. In 1987, Judge Rosen was sworn in as a
United States Magistrate Judge for the District of New Jersey where he
served until 2006.
Judge Rosen has also played a noteworthy role in educating the next
generation of outstanding legal minds. He has been an adjunct faculty
member of Rutgers School of Law, Camden, where he has lectured on class
actions and complex litigation. Judge Rosen has also taught
constitutional principles at Rutgers University, Camden and has
lectured at numerous continuing legal education programs. He is a
member of the Disciplinary Oversight Committee and the Committee on
Minority Concerns of the New Jersey Supreme Court. Judge Rosen is also
a member of the Board of the Association of the Federal Bar of New
Jersey.
Madam Speaker, over his distinguished career Judge Rosen has been the
recipient of many distinguished service awards. In 1999, The Black Law
Students Association presented the Rev. Martin Luther King, Jr.
Champions for Social Justice and Equality Award to Judge Rosen. Then,
in 2004, Judge Rosen was presented with the Honorable Joseph M. Nardi,
Jr. Distinguished Service Award, conferred by Rutgers School of Law,
Camden.
Madam Speaker, I have known Judge Rosen for over a decade and have
been repeatedly impressed by his intelligence and compassion. He is an
excellent role-model for young Americans considering a career in the
legal profession. I commend Judge Rosen for his many years of service
and wish him the best of luck in his future endeavors.

____________________

A TRIBUTE TO THE HONORABLE JACK SCOTT

______

HON. ADAM B. SCHIFF

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. SCHIFF. Madam Speaker, I rise today to commend the Honorable Jack
Scott, State Senator from California's 21st District.
Jack Scott was born and raised in Sweetwater, Texas. An advocate of
higher education, he received a bachelor's degree from Abilene
Christian College, a master of divinity from Yale University, and a
Ph.D. in American history from Claremont Graduate University.
Senator Scott began his career as a professor and administrator at
Pepperdine University in 1962. He then moved on to Orange Coast
College, and in 1978, he became President of Cypress College. In 1987,
he took over the position as President of Pasadena City College. As
President, he was responsible for the development of its library,
Community Education Center, Child Development Center, physical
education complex, and Sculpture Garden. Despite declines in state
funding, the college had more than $6 million in reserve funds when
Scott retired from the presidency in 1995.
In 1996, Jack was elected to the California State Assembly where he
served until 2000, when he was elected to the State Senate. During his
eight-year tenure in the State Senate, he chaired the Senate Committee
on Education and the Joint Committee on the Arts. Throughout his term,
he fought to increase the amount and quality of California teachers,
improve the transfer process for community college students, and
develop a new funding system for California community colleges.
Senator Scott's legislative efforts have earned him recognition as
Legislator of the Year from the California Federation of Teachers,
Association of Independent Colleges and Universities, Association of
California Community College Administrators, Association of California
School Boards, California State University, and the Child Development
Policy Institute. He has an honorary doctorate from Pepperdine
University and has been named the Alumnus of the Year at both Claremont
Graduate University and Abilene Christian University. On October 28, he
received Pasadena City College Foundation's Building the Spirit of a
Vibrant Community Award.
Senator Scott's extensive community involvement includes the
Coalition for a Non-Violent City, Pacific Oaks College's Board of
Trustees, the Board of Regents at Pepperdine University and the
Association of California Community College Administrators. Jack and
his wife, Lacreta, have 10 grandchildren and four surviving children,
Sharon Mitchell, Shelia Head, Amy Schones, and Greg Scott; their fifth
child, Adam, died in 1993.
In 2009, Senator Scott will begin his position as Chancellor of
California's community colleges.
It is my great pleasure to recognize the extraordinary achievements
of Senator Jack

[[Page 24250]]

Scott and I ask all Members of Congress to join me in thanking him for
his service.

____________________

HONORING RYAN PHILLIP LAWTER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Ryan Phillip
Lawter of Holt, Missouri. Ryan 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 1494, and
earning the most prestigious award of Eagle Scout.
Ryan has been very active with his troop, participating in many Scout
activities. Over the many years Ryan 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 Ryan
Phillip Lawter for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

A TRIBUTE TO MRS. MARGARET WILLIAMS

______

HON. WM. LACY CLAY

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. CLAY. Madam Speaker, I rise today to honor Mrs. Margaret
Williams, The Missouri Teacher of the Year 2008-2009 Recipient. The
Missouri Teacher of the Year is a prestigious honors program that
focuses public attention on excellence in teaching. Williams, a 37 year
educator has earned the respect and admiration of students, parents,
and colleagues alike. She inspires students of all backgrounds and
abilities to learn. For the aforementioned reasons, I enthusiastically
honor Mrs. Williams today before Congress.
Mrs. Williams is a graduate of Beaumont High School in St. Louis,
Missouri. She was inspired by her psychology teacher Mr. Brown to
pursue a career in education. Mrs. Williams went on to graduate from
the University of Missouri--St. Louis.
Mrs. Williams is the social studies department chair for University
City High School in University City, Missouri where she has been
teaching for the last 18 years. Williams who also teaches history,
government, and an African-American experience course was one of six
finalists to compete in this year's competition.
The Missouri Teacher of the Year program is conducted annually by the
Department of Elementary and Secondary Education, in conjunction with
the National Teacher of the Year program. Major funding for Missouri's
program is provided by The Boeing Company, St. Louis, Missouri.
Before joining University City, Williams began her illustrious career
in education as principal and administrator from 1986 to 1990 at West
Side Christian Academy in St. Louis. After which she taught at the
Visual and Performing Arts High School and Beaumont from 1971 to 1986.
Williams is the first in the University City School District to be
named Missouri Teacher of the year and was honored with a special drum
line presentation, and video made by the district as part of her
nomination package.
Madam Speaker, Mrs. Williams has my absolute highest recommendation
to be honored today. Her contributions to education and unyielding
commitment to the youth of Missouri is unmatched. As a pioneer in the
University City Schools and a role model to all educators that is
worthy of recognition. I urge my colleagues to join me in honoring Mrs.
Margaret Williams for being a top Missouri educator and being named the
Missouri Teacher of the Year 2008-2009.

____________________

THE FAIRNESS DOCTRINE IS UNFAIR

______

HON. TED POE

of texas

in the house of representatives

Wednesday, November 19, 2008

Mr. POE. Madam Speaker, it seems that some in Congress are trying to
call back the speech police and reinstate the Fairness Doctrine again.
Although the Fairness Doctrine was abolished over 20 years ago, some of
our colleagues just can't let it go.
This time they want to police and control the radio airwaves. I'm not
talking about the former Soviet Union that controlled what Russians
listened to on the radio, I'm talking about the American speech police.
The so-called ``Broadcast Fairness Doctrine'' is an attempt by the
Feds to force private radio stations to be fair and balanced by forcing
broadcasters to air opposing views of public importance. Sounds good,
but who's going to determine what fair is, the Federal fair police?
Are we going to let a bunch of Potomac River bureaucrats determine if
a radio station in Tomball, Texas is being fair when it discusses
politics? Sounds like government control of speech to me.
It is actually totalitarian state control of speech. And what does
``fair'' mean? Fair means different things to different folks. In some
places in the country like Texas, fair is where you take your chickens
to. That's why the word ``fair'' is not in the Constitution. The
Constitution protects free speech, not fair speech. It says ``Congress
(that's us, folks) shall make no law abridging the freedom of speech.''
And the Constitution applies to the thieves of free speech and the
government's speech police whether they like it or not.
And that's just the way it is.

____________________

TRIBUTE TO NATIONAL INSTITUTES OF HEALTH

______

HON. MICHAEL K. SIMPSON

of idaho

in the house of representatives

Wednesday, November 19, 2008

Mr. SIMPSON. Madam Speaker, I rise today to pay tribute to the
National Institutes of Health (NIH) and the important research it is
doing. There are few investments the Federal government makes that
regularly pay such important dividends to the American taxpayer. The
National Institutes of Health, the lead government agency tasked with
preventing and curing diseases and disorders, is one such investment.
While NIH conducts some biomedical research at its Bethesda, Maryland
campus, between 80 to 90 percent of its budget funds research that
takes place at universities, research centers and hospitals throughout
the United States. At a time when stimulating the economy is on
everyone's mind, we should remember that the NIH dollars that flow into
our communities provide direct economic benefits in the form of
increased employment and growth opportunities for research institutions
and local businesses at the same time that they are funding research to
save lives and improve the quality of life of all Americans. One
example of that is NIH-supported research to identify a gene variant
involved in isolated cleft lip.
About one in every 600 babies in the United States is born with
isolated cleft lip and/or palate (roof of the mouth). While there are
several surgeries to correct the condition, families suffer under the
emotional and economic strain, and children often require additional
treatment, including complex dental care and speech therapy. Because
isolated clefts occur during fetal development from disruptions in the
dynamic, but still poorly understood, interplay of genes, diet, and
environment, ongoing research is seeking ways to prevent or reverse the
problem before a baby is born.
One course of action has been to isolate genes involved in the
developmental process. Six years ago, a gene known as IRF-6 was
discovered. Within the gene's structure is a sequence variant known as
a single nucleotide polymorphism (SNP). Scientists recently discovered
that the frequency of this SNP was significantly higher in babies born
with cleft lip only.
Through this type of research, scientists can now account for about
30 percent of isolated cleft lip. Researchers supported by NIH's
National Institute of Dental and Craniofacial Research (NIDCR) are
working to identify the causes of cleft lip, develop better ways of
treating clefts, and provide information on whether they might occur
again in a family. Hopefully, better prevention strategies can also be
an outcome of this work. Through continued research, American families
can look forward to prevention of cleft lip and palate.
This is just one example of how the research funded with taxpayer
dollars at the NIH is improving the health and well-being of all
Americans.

[[Page 24251]]

____________________

TRIBUTE TO FRED BARON

______

HON. EDDIE BERNICE JOHNSON

of texas

in the house of representatives

Wednesday, November 19, 2008

Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, today I pay
tribute to the life of one of my long time friends, Fred Baron.
Widely known as one of the best trial lawyers in America, Fred Baron
dedicated his life to making sure fairness was represented in the law
and that the rights of the marginalized could not be trampled over. He
was truly a champion of the working man, spending his whole career
representing workers who had developed occupational illnesses. He was a
pioneer in uncovering the harm that asbestos exposure causes.
I was most proud of Fred Baron when he advocated on behalf of several
hundred children in the west Dallas section of my district who lived
near a lead smelter that polluted their neighborhood. Thanks to his
efforts not only were those families able to move, but the area has now
been cleaned and is being made once again livable.
Fred Baron will long be known for the charitable work he and his wife
were committed to. In 2002 he and his wife Lisa founded the Baron and
Blue Foundation to help nonprofit organizations fight the problems of
homelessness and displacement. The foundation was exceptionally helpful
in helping many of the hurricane evacuees Dallas has seen in the last
few years. Fred even spent many days after Hurricane Katrina consoling
and counseling the victims who had made their way to Dallas, bringing
them food, toiletries, and helping them out however he could.
Madam Speaker, Frederick Martin Baron is survived by his wife Lisa
Blue-Baron, his son Andrew; daughter Courtney and her husband Brad
Singer and their daughter Liza; daughters Alessandra, Caroline, and
Nathalie; brother Robert and sister Joan; and the countless others he
touched in the years he spent with us.

____________________

CONGRATULATING DR. ROHIT T. AGGARWALA AND THE CITY OF NEW YORK FOR
RECEIVING THE ``FRIEND OF THE ENVIRONMENT AWARD''

______

HON. GARY L. ACKERMAN

of new york

in the house of representatives

Wednesday, November 19, 2008

Mr. ACKERMAN. Madam Speaker, I rise today to congratulate Dr. Rohit
T. Aggarwala, the Director of New York City's Office of Long-term
Planning and Sustainability, within New York City Mayor Michael
Bloomberg's Office of Operations, for receiving the prestigious
``Friend of the Environment Award'' from the Alley Pond Environmental
Center (APEC) on November 13th, 2008. APEC, located in Douglaston,
Queens, is a superb educational center committed to environmental
understanding and awareness. Rit, as he is known by his friends and
colleagues, is at the forefront of Mayor Bloomberg's PlaNYC initiative,
a sweeping sustainability plan for New York City's future.
A native of New York City, Dr. Aggarwala holds a BA, MBA, and PhD
from Columbia University, as well as an MA from Queen's College in
Ontario. Prior to joining the City government, Dr. Aggarwala worked at
the Federal Railroad Administration, and currently chairs a
subcommittee at the Transportation Research Board, which is part of the
National Academy of Science. He is the author of several articles about
transportation policy and about the history of New York City.
Under Rit's leadership as Director, New York City's Office of Long-
term Planning and Sustainability is implementing a long-term
sustainability plan to ensure New York City's continued prosperity,
growth, and health. On Earth Day, 2007 the Mayor's Office of Long Term
Planning and Sustainability released PIaNYC, which included 127
separate initiatives to protect New York's future, including: housing
an additional 1 million New Yorkers affordably; increasing access to
parks, playgrounds and open spaces; reclaiming brownfields; developing
critical backup systems for the aging water network to ensure
reliability; providing additional reliable power sources and upgrading
existing power plants; and reducing water pollution so we can open the
City's amazing waterways for recreation.
Madam Speaker, I ask all my colleagues to join me in commending Dr.
Aggarwala and New York City's Office of Long-term Planning and
Sustainability for all of its hard work and dedication promoting sound
environmental building practices, and for helping New York City lead
the world as a Green global citizen.

____________________

HONORING RYAN MICHAEL CURTIS

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Ryan Michael
Curtis of Kansas City, Missouri. Ryan 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 1247, and
earning the most prestigious award of Eagle Scout.
Ryan has been very active with his troop, participating in many Scout
activities. Over the many years Ryan 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 Ryan
Michael Curtis for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

TRIBUTE TO THE HONORABLE RONALD G. MARMO

______

HON. BILL PASCRELL, JR.

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. PASCRELL. Madam Speaker, I would like to call to your attention
the work of a great man, Hon. Ronald G. Marmo, who will retire after
more than forty-one years at the Passaic County Courthouse. He will be
honored on November 17, 2008 by his friends and colleagues for his
outstanding service to the community.
It is only fitting that he be honored in this, the permanent record
of the greatest freely elected body on earth, for he has a long history
of dedication and commitment to his community.
Judge Marmo was born in my hometown, Paterson, New Jersey, on June 8,
1942, to Tony and Rose Marmo. He grew up in the Stony Road section of
Paterson, and attended St. Bonaventure Elementary School, and then went
on to St. Bonaventure High School. Throughout his years at St. Bon's,
he was taught by Franciscan nuns and priests, who instilled values and
imparted teachings that served him well throughout his careers.
He earned a Bachelor of Arts degree from Rutgers University, and a
Juris Doctorate degree from Seton Hall Law School. Following
graduation, he served as a law clerk to the Honorable Gordon H. Brown,
Judge of the Superior Court of New Jersey Criminal Division in Passaic
County. Upon completion of his clerkship, he was appointed an Assistant
Prosecutor in the Passaic County Prosecutor's Office. He served in that
office for twenty-two years, under five different County Prosecutors.
In 1970, he was designated Chief Trial Councel and in 1975 he was
appointed Chief of the Trial Section, a position he held for fifteen
years.
Notwithstanding his supervisory position, his primary role throughout
his years with the Prosecutor's office was as a trial attorney. He
served as the State's attorney in hundreds of jury trials including
dozens of homicide cases. He tried two lengthy capital cases which each
resulted in a jury verdict of the death penalty. He was commonly
assigned the trials of the most celebrated cases. Governor Jim Florio
appointed him Judge of the Superior Court of New Jersey in 1990. Judge
Marmo was assigned to the Civil Division for two years, and later for
two years to the Family Division. Otherwise, Judge Marmo was primarily
assigned to the Criminal Division. He served for ten years as the
municipal prosecutor for the Borough of North Haledon, as well as
serving ten years as the municipal prosecutor for the Borough of
Ringwood, where he has resided for thirty-eight years.
Judge Marmo and his wife Pat have been blessed with two children and
eight grandchildren. Their daughter, Kim Ann is married to James
Martin, and they are the parents of four children, Ryan, Connor, Blake
and Raegan. Their son, Michael Marmo, and his wife Christine, also have
four children, Shannon, Kelly, Jennifer, and Michael.
The job of a United States Congressman involves much that is
rewarding, yet nothing

[[Page 24252]]

compares to recognizing the accomplishments of community leaders like
Judge Marmo.
Madam Speaker, I ask that you join our colleagues, Judge Marmo's
family, friends, and everyone he has worked with throughout the years,
and me in recognizing the outstanding and invaluable achievements of
the Honorable Ronald G. Marmo.

____________________

RECOGNIZING BRIAN KELLY OF NAPA COUNTY, CALIFORNIA

______

HON. MIKE THOMPSON

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. THOMPSON of California. Madam Speaker, I rise today to recognize
Mr. Brian Kelly, a true pillar of the Napa Valley community. Mr. Kelly
is being honored by the Napa Valley Education Foundation for his many
contributions to education in our community.
Mr. Kelly is a longtime Napa resident whose life's work has been
giving back to his community, especially working to advance educational
opportunities for young people. He is a past treasurer and board member
of the Napa Valley Education Foundation and the priority he places on
education is shown on his own resume. Mr. Kelly has a BS in management
from CSU Hayward, an MBA in finance from UC Berkeley, and is a graduate
of the Wine Executive Program from UC Davis as well as the Advanced
Management Program at the Haas School of Business.
It would be difficult to find someone more involved in his community
than Brian Kelly. Whatever the community or charitable function in the
Napa Valley, Mr. Kelly and his trademark bow tie are ever-present. He
serves or has served on the boards of Aldea Children & Family Services,
Napa County LAFCO, Napa Chamber of Commerce, Napa Valley Conference &
Visitors Bureau, Napa Valley Vintners Community Health Center,
Community Foundation of the Napa Valley, Hospice of Napa Valley, Napa
City-County Library, Queen of the Valley Hospital, and countless
others. He is also a successful businessman who is president, CEO, and
founder of Charter Oak Bank in Napa.
Madam Speaker and colleagues, it is my distinct pleasure to thank
Brian Kelly for his many years of service and congratulate him on this
well-deserved recognition. He has been a model citizen and leader in
Napa County and his presence has enriched the lives of everyone in our
community. I join his wife Maggie and his daughters Kathleen, Megan and
Jennifer in wishing him continued success and fulfillment.

____________________

HONORING LEE ANGELICH

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich to congratulate Lee Angelich upon his induction into the
Fresno Hall of Fame. Mr. Angelich will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Lee Angelich, the youngest of five boys, was born to a Serbian
immigrant family and starred in track and field in high school and
college. Mr. Angelich qualified for the State Finals his senior year at
Shasta High School. In his two years at Sacramento Junior College, he
led the Panthers to league and state titles and in 1941 he led them to
a national title. Mr. Angelich placed second in the 120 high hurdles
and fifth in the high jump at the national meet. He then went on to the
University of California, where in 1943 he won Pacific Coast Conference
titles in the 120 high and the 220 low hurdles, and finished fifth and
sixth respectively in the same events at the NCAA Championships. In
1943, Mr. Angelich joined the Navy and served as an officer on the
U.S.S. Rixey in the Pacific. After the war, he enrolled at California
State University Fresno and placed third in the West Coast Relays in
the 120 high hurdles.
After completing his education Mr. Angelich began coaching. As a
coach he stressed fundamentals, defense and teamwork. He guided boys'
teams at Kerman High, Porterville High and Fresno High to eight league
championships and an overall record of 255-76 from 1947 to 1963. His
Kerman team won the Central Section small schools championship, and his
Fresno High teams won forty-eight straight games at home, second best
in section history. Under Mr. Angelich, Fresno High won four
consecutive North Yosemite League titles (1957-1960). He is one of the
rare coaches to win central Section titles in two different sports, as
Fresno High captured the boys' track-and-field championship in 1957. He
became one of the winningest high school basketball coaches in central
section history. Additionally, after turning down a chance to coach
Greece's national men's basketball team in 1959, he organized and
coached the Libyan national team that participated in the North African
Games in 1961.
Madam Speaker, we rise today to commend and congratulate Lee Angelich
upon his achievements and induction into the Fresno Athletic Hall of
Fame. I invite my colleagues to join me in wishing Mr. Angelich
congratulations on his many accomplishments.

____________________

TRIBUTE TO WALTER J. BAMBERG

______

HON. TERRY EVERETT

of alabama

in the house of representatives

Wednesday, November 19, 2008

Mr. EVERETT. Madam Speaker, I rise to pay tribute to the life and
public service of long-time Montgomery, Alabama resident Mr. Walter J.
Bamberg, age 78, who passed away on October 3 after a brief illness.
Walter Bamberg was an institution in central Alabama. His life
epitomized public service. A U.S. Army Korean War veteran, Bamberg
began his career as a Montgomery radio and television personality in
the early 1950's. During his 12 years on the air, Bamberg took
advantage of the space craze gripping the nation as creator and host of
a popular local children's program called ``Captain Zoomar'' on WCOV-TV
20.
In 1964, Bamberg left Montgomery broadcasting to serve as Job
Placement Director for the Rehabilitation Research Foundation at Draper
Correctional Center in Montgomery. Five years later, he was appointed
as District Director for Alabama Second District Congressman Bill
Dickinson. Bamberg supervised constituent outreach duties of
Congressman Dickinson's south Alabama offices for two decades. He was
so effective that Dickinson tried on at least one occasion to convince
Bamberg to join him in Washington, but he declined to leave Alabama and
the life he enjoyed directly serving the people.
In 1989, Bamberg retired from Congressional service and was appointed
by President George H. W. Bush as U.S. Marshal for the Middle Judicial
District of Alabama. His responsibilities extended over 15 counties.
Bamberg was also a member of the Montgomery County Republican Executive
Committee.
He was active in local politics, including a run for Montgomery City
Commission, and he remained engaged in community affairs after his
retirement from the U.S. Marshal Service. Once cannot think of
Montgomery Republican politics without thinking of him. He liked to
joke that he was a Republican in Alabama when the party could hold
their convention in a phone booth.
I was pleased to visit with Walter Bamberg in April while attending
the funeral services for Congressman Dickinson. Barbara and I offer our
condolences to his wife, Peggy, and children, David, Dale Franklin,
Matt, and entire family during this time of loss. Walter Bamberg was an
Alabama institution and a man of many talents. His legacy of public
service lives on in the strength of the Alabama Republican party.

____________________

COMMENDING THE ROME AREA HERITAGE FOUNDATION

______

HON. PHIL GINGREY

of georgia

in the house of representatives

Wednesday, November 19, 2008

Mr. GINGREY. Madam Speaker, I rise today to commend the Rome Area
Heritage Foundation, which in 2003 commissioned Georgia artist Suzanne
Royal to paint two reproductions of a portrait of First Lady, Ellen
Axson Wilson. Mrs. Wilson spent her youth in Rome, Georgia where she
met, courted and later married President Woodrow Wilson. Today, she is
buried in the town she always considered her home--at historic Myrtle
Hill Cemetery in Rome, Georgia, in the heart of the 11th District.
The original portrait of the First Lady was a gift from Miss Martha
Berry to the citizens of Rome and Floyd County to be permanently
displayed in the Carnegie Library, forerunner of today's Rome Floyd
County Library. One of the reproductions was donated in 2005 to the
State of Georgia to hang in Georgia's Capitol.
The second reproduction was donated this week by the Rome Area
Heritage Foundation to the Hargrett Rare Book and Manuscript Library at
the University of Georgia, to become

[[Page 24253]]

a centerpiece of their permanent collection. As a Georgian who holds
such a prominent place in history, it is only right that Mrs. Wilson's
portrait hang in the library of our state's flagship public university
and I am proud of the efforts of the Rome Area Heritage Foundation to
ensure this portrait is preserved and accessible to generations of
Georgians to come.
This project was researched for the Foundation under the direction of
Reverend Warren Jones of Rome, Georgia, and I commend the Foundation,
Reverend Jones and the community of Rome for preserving the memory of
one of Northwest Georgia's most distinguished citizens--and the only
First Lady from Georgia's 11th District.

____________________

HONORING NICOLAS PATRICK JENKINS

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Nicolas
Patrick Jenkins of Blue Springs, Missouri. Nicolas 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.
Nicolas has been very active with his troop, participating in many
Scout activities. Over the many years Nicolas 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 Nicolas
Patrick Jenkins for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

HONORING STEPHEN BAKER

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today along with Congressman
Costa to congratulate Stephen Baker upon his induction into the Fresno
Athletic Hall of Fame. Mr. Baker will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
A sportswriter once said that Stephen Baker, at 5-foot-8, 160 pounds,
was built more for gymnastics than for football. But with his lightning
quickness, sure hands and gritty toughness, the wide receiver earned
one of the game's enduring nicknames--``the touchdown maker.'' He was
given the catchy moniker at West Los Angeles College, where he scored
31 touchdowns in two seasons, before starring at California State
University Fresno for two season and playing six seasons with the New
York Giants (1987-1992). With the Bulldogs, he was a frequent target of
NCAA record-setting quarterback Kevin Sweeney, burning opponents for
sixty-two receptions, an amazing 26.3 yards per catch and sixteen
touchdowns over two seasons. He closed his collegiate career by
catching a thirty-six yard scoring pass that gave the West All-Stars a
victory in the Japan Bowl.
Drafted in the third round by the New York Giants, Mr. Baker earned
the respect of Coach Bill Parcels with his ability to elude defenders
and hang onto the ball. Over the course of his NFL career, he lost just
one fumble. He started fifty-three games for the Giants and finished
his career with one hundred and forty-one receptions, an 18.3 yards-
per-catch average and twenty-one touchdowns. His best season was 1988,
when he hauled in forty passes and scored seven times. The highlight of
Baker's NFL career came in Superbowl XXV, as the Giants defeated the
Buffalo Bills 20-19. He caught two passes--one of them a fourteen yard
touchdown pass from Jeff Hostetler with just twenty-five seconds left
in the first half to cut the Giants' deficit to 12-10.
Madam Speaker, we rise today to commend and congratulate Stephen
Baker upon his achievements and induction into the Fresno Athletic Hall
of Fame. I invite my colleagues to join me in wishing Mr. Baker
congratulations on his many accomplishments.

____________________

HONORING DR. PAUL FARMER FOR BEING NAMED THE 2008 GREAT BROOKSVILLIAN

______

HON. GINNY BROWN-WAITE

of florida

in the house of representatives

Wednesday, November 19, 2008

Ms. GINNY BROWN-WAITE of Florida. Madam Speaker, I rise today to
recognize Dr. Paul Farmer, one of my most accomplished constituents and
someone who was recently named the 2008 Great Brooksvillian, a yearly
award presented to the most outstanding resident of Brooksville,
Florida. Dr. Farmer will receive this honor during a ceremony at the
Brooksville City Hall in December where area residents will gather to
applaud his lifetime of service to improve health care services around
the world.
Dr. Farmer is a native Brooksvillian who graduated from Hernando High
School in 1978. He went on to earn his undergraduate degree from Duke
University in 1982 and his M.D. and Ph.D. in 1990 from Harvard
University. Today Dr. Farmer is a world renowned medical anthropologist
and physician focusing on improving the health of people around the
globe.
In addition to his clinical work as an attending physician in
infectious diseases at the Brigham and Women's Hospital in Boston, Dr.
Farmer felt that it was important to make a difference in the lives of
a greater segment of the world's population than just those he could
see in his office. That is why he helped found an international non-
profit called Partners In Health. This organization seeks to provide
direct health care services and undertake medical research on behalf of
those who are sick and living in poverty. Some of their notable
successes have included new treatment strategies for AIDS and
tuberculosis in underserved nations, saving many lives and improving
the overall quality of health care delivered to millions.
Dr. Farmer has been recognized for his work by some of the most
prestigious medical organizations around the world, including Duke
University, the Salk Institute and the American Medical Association. An
author or co-author of over 100 scholarly publications, Dr. Farmer has
also been recognized with a ``genius award'' by the John D. and
Catherine T. MacArthur Foundation for his work finding solutions to
infectious disease.
Madam Speaker, men and women like Dr. Paul Farmer are the ones truly
making a difference in the world with their dedication and commitment
to helping others. While awards from prestigious worldwide
organizations are surely nice to receive, it is truly an honor to be
recognized by your hometown friends and family. I know that Dr.
Farmer's story will serve as an inspiration to other Brooksvillians,
and I am proud to know that one of my constituents is helping so many
people live better and healthier lives.

____________________

IN RECOGNITION OF MR. WOODFIN K. GROVE

______

HON. MIKE ROGERS

of alabama

in the house of representatives

Wednesday, November 19, 2008

Mr. ROGERS of Alabama. Madam Speaker, I would like to request the
House's attention today to pay recognition to a special day in the life
of a constituent of mine, Mr. Woodfin K. Grove.
On October 23rd, Mr. Grove will celebrate his 90th birthday. To help
commemorate this special occasion, his friends and church family are
surprising him with a dinner at The Bridge at First United Methodist
Church in Anniston, Alabama, on October 22nd.
Woodfin K. Grove was born in Birmingham, Alabama, and was an only
child. He graduated from Ensley High School and Birmingham Southern,
both located in Birmingham. He received his degree in Theology from
Emory University in Atlanta, Georgia. Mr. Grove married Dorothy Rowland
with whom he had one daughter, Ann, and one grandson, John.
Today Mr. Grove is loved by everyone. He is known for his good advice
to those around him and serves as a wise leader in his church. He and
his wife, Dot, both are young at heart and have been known to ride
around Anniston on his motorcycle or in his sports car. They attend
First United Methodist Church in Anniston where he became Pastor
Emeritus in 2001.
I would like to congratulate Mr. Grove on reaching this important
milestone in his life. I wish him a happy birthday and the best in the
future.

[[Page 24254]]

____________________

HONORING GAIL MALLARD-WARREN, M.D.

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Dr. Gail
Mallard-Warren upon being awarded the ``Community Health Champions
Award'' at the 2008 West Fresno Health Care Coalition's 4th annual
``This is Your Life of Service'' dinner and award ceremony. This year
the ceremony will be held at the Radisson Hotel Conference Center in
Fresno, California, on Friday, October 24th.
Dr. Mallard-Warren grew up in the projects of Oakland, California.
Both of her parents were educators and realized the importance of their
children obtaining a higher education. Her family moved to East
Oakland, but she was bussed to Skyline High School; a school that
provided the academic courses that she would need to get into college.
Upon graduating from Skyline, Dr. Mallard-Warren attended the
University of California, Riverside, where she earned her degree in
biology. In 1979, she earned her medical doctorate from the School of
Medicine at University of California, Davis.
After graduating from medical school, Dr. Mallard-Warren moved to
Fresno, California, and received her training in obstetrics/gynecology
at Valley Medical Center. In 1983 she opened her first private practice
and today has multiple offices in Fresno. In addition to her private
practice, she has made a habit of serving uninsured and underinsured
OB/GYN patients over the span of her career. She has worked with Black
Infant Health, an organization that provides health education, health
promotion, social support and service coordination to pregnant and
parenting African-American adult women. Through this program she has
diligently worked toward lowering the instances of infant mortality in
the most impoverished areas of Fresno and assisted in contributing to
the well-being of this underserved community. She also participates in
the Liga Doctors of Mercy, a nonprofit organization that has been
providing free health care and education to the people of Sinaloa,
Mexico, since 1934.
Madam Speaker, I rise today to commend and congratulate Dr. Gail
Mallard-Warren upon being awarded the ``Community Health Champions
Award''. I invite my colleagues to join me in wishing Dr. Mallard-
Warren many years of continued success.

____________________

INTRODUCING THE CRITICAL ELECTION INFRASTRUCTURE ACT OF 2008

______

HON. ALCEE L. HASTINGS

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. HASTINGS of Florida. Madam Speaker, I rise today to introduce the
Critical Election Infrastructure Act of 2008.
This legislation is a necessary and vital investment in the future of
our democracy. This bill authorizes $1 billion over the next four years
for states and local governments to upgrade existing election equipment
and to purchase new polling equipment to meet the needs of our growing
electorate. Funding could also be used to hire and train additional
poll workers.
Madam Speaker, roughly 130 million votes were cast in this past
election. This is an astounding number and emblematic of increased
participation in our election system, particularly by minorities and
young people. But while increased turnout is for democracy, in some
parts of the country it caused undue difficulties.
For example, throughout south Florida and other parts of the country,
hundreds of thousands of voters found themselves waiting in
interminable lines, sometimes for over five hours. Five hours! Forced
to stand in the heat and during Florida's famous afternoon
thunderstorms with little food and water, voters are to be commended
for their commitment to exercising their right to vote. But voting
should not be this hard.
Election officials simply do not have enough equipment and trained
personnel on the ground to speedily and effectively handle such large
numbers of voters. Even though early voting in Florida took place over
a 10-day period, these five-hour-long lines persisted throughout the
state virtually every day. Clearly, what is needed is more: more
polling booths, more trained workers, more equipment, even more polling
locations and facilities to handle increasing numbers of voters. This
bill authorizes the funding to upgrade existing technology, provide
more polling booths, and hire and train more poll workers, reducing
long lines and facilitating greater speed and efficiency for voters
Madam Speaker, voting should not be a right granted only to those who
can stand in line the longest or can go the longest without food or a
bathroom break. Voting is the sacred right of all eligible citizens. We
have a solemn responsibility to ensure the greatest possible access to
exercise that right. Authorizing funding for the necessary equipment
and personnel is an essential first step in that process. I urge my
colleagues to support this legislation.

____________________

IN MEMORY OF GENERAL ROBERT H. BARROW

______

HON. IKE SKELTON

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. SKELTON. Madam Speaker, it is with deep sadness that I inform the
House of the death of a true gentleman, General Robert H. Barrow,
United States Marine Corps, Retired--the 27th Commandant of the Marine
Corps.
General Barrow was born in 1922 in Baton Rouge, Louisiana. He
graduated high school in 1939 and enrolled at Louisiana State
University. In March 1942, he enlisted in the Platoon Leader's Class
Program. He left school in the fall of 1942 and went to boot camp in
San Diego, staying on after graduation as a drill instructor. Selected
for Officer Candidate School, he left San Diego for Quantico in March
1943; and in May 1943, he was commissioned as a second lieutenant in
the Marines.
After officer training, he was assigned to Marine Barracks, Naval
Ammunition Depot, New Orleans. He was reassigned in February 1944 to
the 51st Replacement Battalion in Camp Lejeune, North Carolina. During
the last seven months of World War II, he led an American team serving
with Chinese guerrilla forces in Japanese occupied Central China. He
was awarded the Bronze Star.
After World War II, he served as Aide de Camp to the Commanding
General, Fleet Marine Force, Atlantic. He completed Amphibious Warfare
School, Junior Course in June 1949, and was transferred to the 2d
Marine Division at Camp Lejeune. He was given command of Company A, 1st
Battalion, 2d Marines.
At the beginning of the Korean War, his company was transferred to
Camp Pendleton and redesignated Company A, 1st Battalion, 1st Marines,
1st Marine Division. He led Able Company ashore at Inchon in September
1950. For his leadership in the fighting on the outskirts of Seoul, he
received the Silver Star. During the Chosin Reservoir Campaign, he was
awarded the Navy Cross for the seizure and defense of Hill 1081 from 9-
10 December 1950.
After the Korean War, he was reassigned as Officer-in-Charge,
Infantry Desk, Enlisted Assignments, Headquarters Marine Corps. From
there he was detailed out and sent on a classified assignment to the
Far East, north of Taiwan. He returned to Headquarters Marine Corps,
this time to the G-3.
In February 1956, he returned to Camp Lejeune, where he served first
as operations officer and then executive officer of 2d Battalion, 6th
Marines. He joined the NROTC unit at Tulane University in 1957, and
served as Marine Officer Instructor for three years. Returning to
Quantico, he completed a tour with the Landing Force Development Center
and attended the Officer's Senior Course in 1963. He left for another
tour in the Pacific, where he served as G-3, III Marine Expeditionary
Force, then G-3 Plans Officer at Fleet Marine Force Pacific in Hawaii.
Attendance at the National War College followed, and upon graduation
in 1968, he arrived in South Vietnam to take command of 9th Marines, 3d
Marine Division. The regiment conducted a series of highly successful
operations south of the western part of the Demilitarized Zone and in
the Khe Sanh and Ba Long Valley areas. For his valor during Operation
Dewey Canyon from 22 January to 18 March 1969, he received the
Distinguished Service Cross.
He was promoted to brigadier general in August 1969 by General
Leonard F. Chapman, 24th Commandant of the Marine Corps. General
Barrow's first tour as a general officer was Commanding General, Marine
Corps Base, Camp Butler, Okinawa, where he served for three years. He
then served as Commanding General, Marine Corps Recruit Depot, Parris
Island, South Carolina for 32 months.
In July 1975, he was assigned as Deputy Chief of Staff for Manpower,
Headquarters Marine Corps. The following year, he became

[[Page 24255]]

Commanding General, Fleet Marine Force Atlantic, Norfolk, Virginia. He
was Assistant Commandant of the Marine Corps from July 1978 until a
year later when he assumed the office as Commandant. Befitting his
reputation and stature, when General Barrow stepped down as 27th
Commandant of the Marine Corps in June 1983, President Ronald Reagan
presided over the ceremony at Marine Barracks, Washington, D.C. General
Barrow returned to Louisiana, where he lived in retirement.
General Barrow's medals and decorations include the Navy Cross,
Defense Distinguished Service Medal with Oak Leaf Cluster, Department
of the Army Distinguished Service Cross, Distinguished Service Medal,
Silver Star, three Legions of Merit, two Bronze Stars, and the Combat
Action Ribbon.
Madam Speaker, General Barrow was an outstanding Marine and an
exceptional American leader. I know the members of the House will join
me in extending heartfelt condolences to his family, his friends, and
to all Marines. He will be greatly missed.

____________________

TRIBUTE TO THE LIFE AND SERVICE OF PENNSYLVANIA LIEUTENANT GOVERNOR
CATHERINE BAKER KNOLL

______

HON. JOHN P. MURTHA

of pennsylvania

in the house of representatives

Wednesday, November 19, 2008

Mr. MURTHA. Madam Speaker, on November 12, 2008, Pennsylvania
Lieutenant Governor Catherine Baker Knoll succumbed to a four month
long battle with neuroendocrine cancer.
I've known Catherine for 30 years. She was a remarkable woman who
never stopped fighting to better our Commonwealth and to improve the
lives of Pennsylvanians. She was one of the most hard-working and
determined individuals to ever serve in state government, and her
passion and dedication to both the Democratic Party and to the
Commonwealth of Pennsylvania was unparalleled.
Catherine was a transformational figure--one of the first women to
run for statewide office, she served as Pennsylvania State Treasurer
(1989-1997) and later became the first woman to serve as Pennsylvania
Lieutenant Governor (2003-2008). She never stopped fighting for what
she believed in, and this determination placed her at the forefront of
so many important issues.
Catherine's kindness and friendship touched the lives of many. Over
the past few months, people from all across Pennsylvania asked me how
she was doing, and how she was coping with the disease. I reminded them
that Catherine Baker Knoll was made of ``steel'' and that she was
fighting this disease with the same strength and fortitude she fought
every other challenge in life.
Madam Speaker, I rise to recognize the career and life of someone who
devoted both to serving the interests of her fellow Pennsylvanians. I
rise to thank and commend her four children, Charles, Mina, Albert, and
Kim Eric, for always being by her side and giving her constant
strength.
Madam Speaker, all of us will miss the friendship and great
leadership of Pennsylvania Lieutenant Governor Catherine Baker Knoll.

____________________

IN RECOGNITION OF THE 110TH ANNIVERSARY OF PEOPLES BAPTIST CHURCH

______

HON. MIKE ROGERS

of alabama

in the house of representatives

Wednesday, November 19, 2008

Mr. ROGERS of Alabama. Madam Speaker, I would like to request the
House's attention today to pay recognition to a special day in the life
of the congregation of the Peoples Baptist Church in Montgomery,
Alabama.
On November 24th, Peoples Baptist Church will celebrate its 110th
anniversary. The church was first organized in 1898 under Rev. Pradd
who served as the pastor until 1925. The church moved to several
locations over the years including the campus of Alabama State
University.
In September of 2008, the church moved to its new location on
Dorchester Drive in Montgomery. The new building was built under the
leadership of the church's fifth pastor, Paul L. Boswell, who served
the church for 32 years. The congregation works to carry the ``torch of
building up God's kingdom one brick at a time.''
Today the church celebrates their 110th Anniversary and is blessed to
now be under the leadership of their new and sixth pastor, Victor
Lewis, Sr.
I would like to congratulate Peoples Baptist Church on reaching this
important milestone.

____________________

HONORING MATTHEW CHARLES GARCIA

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Matthew
Charles Garcia of Kansas City, Missouri. Matthew 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
1357, and earning the most prestigious award of Eagle Scout.
Matthew has been very active with his troop, participating in many
Scout activities. Over the many years Matthew 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 Matthew
Charles Garcia for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

HONORING SAN BERNARDINO COUNTY SUPERVISOR DENNIS HANSBERGER FOR HIS
DECADES OF PUBLIC SERVICE

______

HON. JERRY LEWIS

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. LEWIS of California. Madam Speaker, I rise today to pay tribute
to a good friend and longtime leader in my community, San Bernardino
County Supervisor Dennis Hansberger, who is leaving office this year
after more than 20 years in public service.
While he was a young businessman in 1968, Dennis Hansberger was
selected as a field representative and executive assistant by then-
County Supervisor Donald Beckford. When his boss decided not to run for
re-election, Mr. Hansberger mounted a successful campaign and won
election to the county board in 1972.
Dennis Hansberger quickly revealed his strong leadership
capabilities, and was chosen as chairman of the board by his fellow
supervisors in 1974--becoming the youngest chairman in the state and
the youngest in San Bernardino County history. When the legislature
created the South Coast Air Quality Management District, Supervisor
Hansberger became a founding board member of that ground-breaking
agency.
After 2 successful terms, Mr. Hansberger decided to take a hiatus
from elected office and went into private business as a well-respected
consultant on land management and mining issues. He remained extremely
active in public service, however, serving for 3 years as Chairman on
the Redlands Community Hospital's Board, as well as on the Board of
Counselors of the California State University in California, the
Foundation Board of the San Bernardino County Museum, the Inland Empire
Council of the Boy Scouts of America, and the Capital Projects
Committee of the Girl Scouts of America.
Mr. Hansberger was again elected to the Board of Supervisors in 1996,
and has been at the forefront of many of the major issues faced by the
county in the past 12 years. Faced with the closure of Norton Air Force
Base, Supervisor Hansberger has been a leader in seeking ways to
replace the 12,000 jobs lost. He served as chairman of the Inland
Valley Development Authority, a joint effort of the county and cities
surrounding the base. By working as a team, the communities have
brought about a complete makeover of the former base into a new
airport, supporting major businesses that have brought thousands of new
jobs to the area.
Five years ago, San Bernardino County was confronted with an even
more dire problem--millions of trees were dying around mountain
communities and creating a grave fire danger for tens of thousands of
residents. As the supervisor representing the area, Dennis Hansberger
pushed county officials to create the Mountain Area Safety Taskforce
and work with residents on an evacuation plan. The plan's effectiveness
was demonstrated when nearly 50,000 residents were evacuated with no
serious injury during terrible wildfires the

[[Page 24256]]

following year. Mr. Hansberger has since led the county in cutting down
more than a million trees and significantly reducing the fire danger.
Madam Speaker, as you can see, Dennis Hansberger has been a leader in
improving the economy and safety for San Bernardino County residents.
Please join me in thanking him for his decades of public service, and
wishing the best to him and his wife Karen in all of their future
endeavors.

____________________

HONORING THE HONORABLE WILLIAM R. DYSON FOR HIS OUTSTANDING PUBLIC
SERVICE

______

HON. ROSA L. DeLAURO

of connecticut

in the house of representatives

Wednesday, November 19, 2008

Ms. DeLAURO. Madam Speaker, I am pleased to rise today to join the
New Haven Democratic Town Committee and all of those gathered this
evening in paying tribute to one of New Haven's most outstanding public
servants and my good friend, State Representative William R. Dyson.
After 32 years of dedicated service, Bill has decided to step down as
State Representative from Connecticut's 94th Assembly District. This
evening, friends, family, community leaders, and colleagues extend our
deepest thanks and appreciation to Bill as he brings his career in
state government to an end.
Visionary, community leader, activist, teacher, advocate, mentor, and
friend are just some of the descriptions one could use for Bill Dyson.
He is one of those rare individuals who has dedicated a lifetime to
public service. As an educator and one of Connecticut's most respected
lawmakers, Bill has been a powerful voice in the State legislature as
well as in the New Haven Public School system.
In the more than 3 decades that Bill served in Connecticut's House of
Representatives, Bill has served on a variety of committees and
caucuses including many years as the chairman of the Appropriations
Committee. He has been a champion of the arts, securing funding which
has helped New Haven's rich arts community to flourish and is perhaps
best known for his leadership on issues dealing with children, ex-
offenders and the mentally ill as his work on their behalf has
translated into meaningful public policy.
During his tenure he was often the strong voice of reason in what at
times could be a chaotic session. I have no doubt that his colleagues
will long remember his booming voice--commanding their attention and
calling for common sense dialogue. His straight-forward, no nonsense
attitude garnered him the respect of his colleagues and constituents
alike. Bill is a reflection of all that we hope our political leaders
will be and his presence at the Capitol will certainly be missed.
I must also take this opportunity to thank Bill for his many years of
special friendship--one which harkens back to my own service in city
government. Bill is an extraordinary man whose impact on our community
and our public policy cannot be understated. He has left an indelible
mark and a legacy--both political and personal--that is sure to inspire
many generations to come.
It is for these reasons and countless more that I am honored to stand
today to pay tribute to my dear friend, the Honorable William R. Dyson,
as he is recognized by the New Haven community for his outstanding
contributions. He is one-of-a-kind and I wish him many more years of
health and happiness as he enjoys his retirement.

____________________

RECOGNIZING HOWARD JAMES STRICKLER OF LAKE COUNTY, CALIFORNIA

______

HON. MIKE THOMPSON

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. THOMPSON of California. Madam Speaker, I rise today to recognize
Chief Howard Strickler on the occasion of his retirement from the
Kelseyville Fire Protection District of Lake County, California after
32 years of service, 28 of them as Fire Chief. Chief Strickler's
leadership will be truly missed by his colleagues and the people of
Lake County.
Chief Strickler is a native son, graduating from Kelseyville High
School in 1967. His career in public service began in the U.S. Army,
where he served from 1970-1973. After his discharge, he worked with the
White House Communications Agency before coming home and joining the
Fire Protection District.
Chief Strickler has lived in Kelseyville for 47 years and has done
more than perhaps anyone else over that time to keep Lake County
residents safe. During his tenure he was instrumental in the
implementation of the county's first paramedic program as well the
first countywide Hazardous Materials Response Team. He also helped
develop a 911 First Responder Agreement that is now used by all fire
departments, EMS and law enforcement agencies in the county.
Chief Strickler has earned the undying admiration of all who have
worked for him and with him. To a person, they describe Chief Strickler
as the consummate leader, someone who instills confidence in everyone
around him and whose compassion and love for the community shines
through. He is a family man whose quiet sense of humor and listening
skills always made his employees feel comfortable and at home. He will
be missed a great deal.
Madam Speaker, it is my distinct pleasure to recognize Chief Howard
Strickler for his many years of service to Kelseyville and all of Lake
County, California, and to thank him for his many contributions on
behalf of our country and his community. I join his wife, Debbie, his
two children, and five grandchildren in wishing him the best as he
enters this new phase of his life.

____________________

EARMARK DECLARATION

______

HON. RON PAUL

of texas

in the house of representatives

Wednesday, November 19, 2008

Mr. PAUL. Madam Speaker, pursuant to the Republican leadership
standards on earmarks, I am submitting the following information
regarding earmarks I received as part of the Department of Homeland
Security Appropriations Act (H.R. 2638):
Requesting member: Ron Paul.
Bill number: H.R. 2638.
Account: Rdt&E Defense Health Program.
Legal name of requesting entity: Gulf Chemical and Metallurgical
Corporation.
Address of requesting entity: PO Box 2290, 302 Midway Road, Freeport,
TX 77542-2290.
Description of request: The project earmarks $3,000,000 for a
Department of Defense lead study of vanadium to assess the health
safety and risks of military and civilian workers exposed to vanadium
through work in military applications.

____________________

HONORING DR. PETER G. MEHAS

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich to congratulate Dr. Peter Mehas upon his induction into the
Fresno Athletic Hall of Fame. Dr. Mehas was honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Peter Mehas' love of sports was nurtured during his childhood, as he
shagged baseballs as a bat boy for the Fresno Cardinals at Euless Park.
Although he never considered himself a great athlete, Dr. Mehas was an
All-American center/linebacker at Fresno City College, and a member of
the 1961 California State University, Fresno Mercy Bowl team. After
graduating from California State University, Fresno, Dr. Mehas coached
the football, soccer and tennis teams at Roosevelt High School. His
tennis teams won five straight North Yosemite League titles.
After receiving his masters degree, and coaching football at
University of California, Los Angeles, Dr. Mehas returned to Fresno
where he taught and coached future Fresno Hall of Famers Charle Young
and Charles Anthony, both football players at Edison High School. Dr.
Mehas moved into administration for Clovis Unified School District, and
assisted in the development of many programs and facilities; including
Clovis High School's Lamonica Stadium and the Clovis West High School
Olympic Swim Complex. He earned his doctorate in Education from the
University of Southern California in 1979.
Dr. Mehas has served as the Fresno Athletic Hall of Fame president
for 15 years. At the time of his induction, his professional and civic
career is a notable example of applying the lessons learned in
athletics to other endeavors. Under his leadership, the Hall of

[[Page 24257]]

Fame expanded on its mission of honoring the Valley's greatest sports
heroes and inspiring youngsters to follow in their footsteps. He also
has been instrumental in expanding athletic opportunities for women.
Politics came next as Dr. Mehas served as Governor George
Deukmejian's secretary of education and a trustee for the State Board
of Education and California's Community Colleges. In 1990, he was
elected to the first of four terms as the Fresno County superintendent
of schools. In 2007, he was appointed to the California State
University board of trustees.
Madam Speaker, we rise today to commend and congratulate Dr. Peter
Mehas upon his achievements and induction into the Fresno Athletic Hall
of Fame. I invite my colleagues to join me in wishing Dr. Mehas
congratulations on his many accomplishments.

____________________

RECOGNIZING JAMES P. CHITWOOD UPON HIS RETIREMENT

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER of Florida. Madam Speaker, on behalf of the United States
Congress, it is an honor for me to rise today in recognition of James
P. Chitwood upon his retirement as the Executive Director of the
College Advancement and Foundation for Northwest Florida State College.
As executive director of the College Advancement and Foundation for
Northwest Florida State College, an organization that provides
educational and charitable aid to the Northwest Florida State College,
Mr. Chitwood has greatly expanded the fundraising abilities of the
school and has helped it obtain the sixth greatest endowment among
community colleges in the United States.
Over the past 20 years, the Foundation for Northwest Florida State
College, under the direction of Mr. Chitwood, has evolved into an
outstanding institution that greatly promotes education. In just 20
years, the foundation's assets grew by over $45 million and created
some of the most notable foundations and buildings in the area. The
expansion of the Chautauqua Center in DeFuniak Springs was one of the
first projects undertaken by the organization. Its success was followed
by the construction of the Robert L. F. Sikes Center in Crestview,
Florida, and the South Walton Center in Santa Rosa Beach, Florida. The
foundation also launched the Arts Center Endowment Campaign and, when
the college's focus shifted to health programs, the foundation began
the Nursing and Health Technology Campaign.
For many years to come, the Northwest Florida community will continue
to benefit from the lasting impression made by Mr. Chitwood. His
inspiring involvement in the community and dedication to expanding
education has provided infinite opportunities to the surrounding area.
Though retirement will signal the end of Mr. Chitwood's formal career
with the Northwest Florida State College, it is merely the beginning of
the lasting legacy that he leaves behind.
Madam Speaker, on behalf of the United States Congress, I am proud to
recognize James P. Chitwood upon his retirement and for his exemplary
service in the First District of Florida.

____________________

HONORING MARK LEHN BALDWIN III

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Mark Lehn
Baldwin III of Kansas City, Missouri. Mark 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 1314, and
earning the most prestigious award of Eagle Scout.
Mark has been very active with his troop, participating in many Scout
activities. Over the many years Mark 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 Mark Lehn
Baldwin III for his accomplishments with the Boy Scouts of America and
for his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

HONORING 1998 CALIFORNIA STATE UNIVERSITY, FRESNO, SOFTBALL TEAM
MEMBERS

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today along with Congressman
Costa to congratulate the 1998 California State University, Fresno,
Softball Team upon its induction into the Fresno Athletic Hall of Fame.
The team members and coaches will be honored at the 50th anniversary
enshrinement dinner of the Fresno Athletic Hall of Fame on Thursday,
November 6, 2008.
On a hot day in late May 1998, second baseman Nina Lindenberg sent
the first pitch in the bottom of the sixth inning over the left-field
fence and the Lady Bulldogs into history. The home run off Arizona ace,
Nancy Evans, was Lindenberg's 13th of the season, gave the Bulldogs a
1-0 lead in the championship game at Hall of Fame Stadium in Oklahoma
City, Oklahoma. The Women's College Softball World Series Most Valuable
Player, Amanda Scott, then polished off a three-hit shutout, and the
Wildcats, as California State University, Fresno, claimed its first
NCAA Division I team championship in any sport.
The 1-0 victory capped a magical season for Head Coach Margie
Wright's Bulldogs, who started the season with a 2-2 record and
finished with 52 wins 11 loses. The season was highlighted by 4 wins
and 1 loss in the Women's College World Series (WCWS) with victories
over Nebraska, Michigan, Washington and top-ranked Arizona. The
national title was a united effort as four Bulldogs made the All-
Women's College World Series team: outfielder Laura Berg, first baseman
Angela Cervantez, Nina Lindenberg and Amanda Scott. The Bulldogs
captivated all of the San Joaquin Valley as their games were aired on
local radio and ESPN. Seeded seventh in the field, they arrived in
Oklahoma City determined to win the title for a school that had
finished second in the WCWS four times.
The team was led throughout the year by a pitching staff that
included Amanda Scott (25-4, 0.79 ERA) and Lindsay Parker (21-4, 1.54
ERA) and a balanced hitting attack keyed by Laura Berg (.458 batting
average, 72 runs), Nina Lindenberg (.449, 77 RBI), outfielder Becky
Witt (.392, 69 runs) and Amanda Scott (14 home runs, 72 RBI). The team
included: OF Laura Berg, 1B Angela Cervantez, 2B Nina Lindenberg,
Lindsay Parker, P Amanda Scott, Becky Witt, OF Candice Bowlin, OF Kara
Campbell, SS Alicia Dowland, C/1B Jennifer Jokinen, 3B Jaime Maxey, P
Kim Peck, C Jennifer Slaney, C Janna Todd, 1B Vanessa Valenzuela, C
Amber Wall, C Carolyn Wilson, OF Daviana Wisener. The coaching staff
was headed by Margie Wright, assisted by Margaret Sutter and Mary Ivy.
Also involved with the team was Maribel Campos, manager, and Andrew
Weeks, trainer.
Madam Speaker, we rise today to commend and congratulate 1998
California State University, Fresno, Softball Team upon its
achievements and induction into the Fresno Athletic Hall of Fame. I
invite my colleagues to join me in wishing the 1998 Fresno State
Softball Team congratulations on its many accomplishments.

____________________

EARMARK DECLARATION

______

HON. THOMAS E. PETRI

of wisconsin

in the house of representatives

Wednesday, November 19, 2008

Mr. PETRI. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I am submitting the following information
regarding an earmark I received as part of H.R. 2638--The Consolidated
Security, Disaster Assistance, and Continuing Appropriations Act, 2009:
Requesting Member: The Honorable Thomas E. Petri.
Bill Number: H.R. 2638--The Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
Account: Army Operations & Maintenance, Operating Forces 115 Land
Forces, Operations Support Account.
Legal Name of Requesting Entity: Deere & Company--World Headquarters.
Address of Requesting Entity: One John Deere Place, Moline, IL 61265.
Description of Request: Provide $3,200,000 to complete the
manufacturing of approximately 215 Light-weight Tactical Utility
Vehicles at John Deere Horicon Works in Horicon, Wisconsin. (Joint
request with Representative Mike McIntyre of North Carolina.) The
Light-weight Tactical Utility Vehicle is a rugged, air droppable,
highly mobile diesel-powered tactical utility vehicle to expedite
casualty evacuation and resupply activities of Corps units.

[[Page 24258]]

They have been heavily utilized during Operations Iraqi Freedom and
Enduring Freedom. This request is consistent with the intended purpose
of the Department of Defense, Army Operations and Maintenance account.

____________________

IN HONOR OF THOMAS V. FUENTES

______

HON. MIKE ROGERS

of michigan

in the house of representatives

Wednesday, November 19, 2008

Mr. ROGERS of Michigan. Madam Speaker, I rise today to honor the
accomplishments of Thomas V. Fuentes, who is retiring after 25 years of
service in the Federal Bureau of Investigation. Throughout his career
with the FBI he has served his country with honor and integrity.
Mr. Fuentes began his distinguished career with the Bureau in 1979 as
a Special Agent in the Chicago Field Office. Serving in this office for
over 10 years, Mr. Fuentes led the fight against organized crime and
mob corruption. As an Organized Crime Task Force supervisor, his
efforts were instrumental in bringing countless Chicago criminals to
justice. I had the privilege of serving with Mr. Fuentes in the Chicago
Field Office and witnessed firsthand his tremendous skill and
dedication.
Mr. Fuentes was promoted to FBI Headquarters in 1990 as a supervisor
in the Organized Crime Section. As a result of his continued success
against organized crime targets, Mr. Fuentes was eventually appointed
as the assistant special agent in charge of the San Francisco Field
Office. There he established the International Cybercrime Squad and was
selected to serve as an FBI tactical commander at the 1996 Summer
Olympics in Atlanta, Georgia.
In August 1997, Mr. Fuentes was promoted to the Senior Executive
Service as the chief of the Organized Crime Section at FBI
Headquarters. Among his many ground-breaking law enforcement
initiatives, Mr. Fuentes created the Organized Crime Task Force
consisting of FBI Agents and Hungarian National Police Officers in
Budapest, Hungary--the first such multinational organized crime task
force of its kind in the FBI.
Mr. Fuentes' extraordinary career with the FBI has been marked by his
transformational work to strengthen international law enforcement
cooperation. In 2004, Mr. Fuentes was called upon to lead the FBI's
Office of International Operations where he was eventually promoted to
Assistant Director and managed more than 75 FBI offices in U.S.
Embassies and U.S. Consulates worldwide. His skilled leadership, both
within the Bureau and international law enforcement agencies, resulted
in election to the Executive Committee of Interpol, where he served as
a delegate for the Americas in 2006. To the end of his service with the
Bureau, Mr. Fuentes continued to establish innovative international
working groups such as the recently established FBI/Ministry of Public
Security of the Peoples Republic of China Working Group.
Mr. Fuentes' relentless hard work and dedication was recognized
numerous times as evidenced by his outstanding law enforcement record
and repeated promotions within the Bureau. His years of service brought
fundamental change to the FBI's work on organized crime and
international law enforcement cooperation. Throughout his career he has
exemplified the FBI's motto of Fidelity, Bravery, and Integrity by
serving and protecting the citizens of the United States of America and
people across the world. I am proud to know this remarkable public
servant.
Madam Speaker, I ask my colleagues to join me in honoring Thomas V.
Fuentes for his model service to United States law enforcement and his
commitment to his country. He is truly deserving of our respect and
admiration.

____________________

HONORING THE LIFE OF SCOTTY MENDOZA

______

HON. LYNN C. WOOLSEY

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. WOOLSEY. Madam Speaker, I rise with sadness today to honor Scotty
Mendoza, who passed away on August 15, 2008, at the age of 88. Scotty
was the matriarch of the ranching community around the Point Reyes
Peninsula in Marin County, California, and a highly respected leader to
the townsfolk. She led by passion and example, filling needs as she saw
them and creating many local traditions in the process.
Born Doris Scott in Woodland, California, she used the nickname
Scotty bestowed on her by one of her early teachers. She met Joe
Mendoza, a student at nearby U.C. Davis, while working at the soda
fountain at the Woodland Hotel. They were married in 1941, moving
shortly afterward to the family ranch on the Point Reyes Peninsula
which had been purchased by Joe's father in 1899. She was a partner in
the ranch with Joe her whole life, from doing the accounting to cooking
for the many ranch hands.
Scotty was many things--outspoken, funny, energetic, and hardworking.
But mostly she will be remembered for how much she cared for people,
especially children. While doting on her own family, she also
championed other children and was known as Grandma Scotty to many. She
was a 4-H leader for 40 years, teaching sewing to generations of girls,
and founded the Inverness Garden Club Scholarship fund to raise money
for local students to attend college.
In 1949, Scotty and Joe joined with other ranching families to start
Western Weekend, still the major community celebration in the Point
Reyes area. It highlights the work of local 4-H groups and also
includes a big parade that fills the town's Main Street. The parade
features the Western Weekend Queen, based on a contest Scotty started
to help sell raffle tickets for the event.
It is hard to imagine how the community we see today would look
without Scotty's participation in the many local organizations she was
involved in: as a founder of West Marin Senior Services and the
Inverness Garden Club, as a volunteer and organizer of the Jack Mason
History Museum, and as a supporter in many others where her behind-the-
scenes work was always appreciated.
Scotty is survived by her husband Joe, daughter and son-in-law Sharon
and Steve Doughty, sons and daughters-in-law, Joey and Linda Mendoza
and James and Luci Mendoza, seven grandchildren and eight great-
grandchildren (whom she called ``the eight greats'').
Madam Speaker, Scotty Mendoza truly exemplifies the compassionate,
can-do community spirit that becomes the fabric for our lives. It is an
honor for me to have known her, her husband Joe, and many of her
family. We'll miss you, Scotty.

____________________

TRIBUTE TO MAYOR JEFF MILLER

______

HON. KEN CALVERT

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. CALVERT. Madam Speaker, I rise today to honor and pay tribute to
an individual whose dedication and contributions to the community of
Corona, California are exceptional. Corona has been fortunate to have
dynamic and dedicated community leaders who willingly and unselfishly
give their time and talent and make their communities a better place to
live and work. Jeff Miller is one of these individuals. On November 4,
2008, Jeff was elected to serve as the Assemblyman for the 71st
California Assembly District and I congratulate Jeff as he moves to the
next stage of public service.
Jeff Miller was elected to his first term on the Corona City Council
in November of 2000 and currently serves as Mayor. He was reelected and
served as Mayor in 2004. Mayor Miller is a member of the Council's
Transportation & Legislative Committee and he also represents the
Council on the Riverside County Transportation Commission (RCTC). He is
also currently Chairman of the 91 Freeway Toll Road Advisory Committee.
Jeff Miller is an active member of the Corona community. He is Vice
President of the Corona Heritage Foundation, a Governing Board member
of Corona Regional Medical Center, a Board member of the Corona/Norco
YMCA, founder and member of the Riverside County Young Republicans and
a past member of the City's Parks and Recreation Commission. Jeff is
currently Chairman of the Riverside County Republican Party.
Jeff Miller, and his wife Debora, have two children. Jeff has owned
an insurance company for 22 years and has an office in Corona. He
graduated from the California State University in Fullerton and holds a
degree in Criminal Justice.
Jeff's tireless passion for community service has contributed
immensely to the betterment of the community of Corona, California. I
am proud to call Jeff a fellow community member, American and friend. I
know that many community members are grateful for his service and
salute him as he takes office as a California Assemblyman.

[[Page 24259]]

____________________

40TH ANNIVERSARY OF THE NORTH STAR CHAPTER OF THE SIERRA CLUB

______

HON. BETTY McCOLLUM

of minnesota

in the house of representatives

Wednesday, November 19, 2008

Ms. McCOLLUM of Minnesota. Madam Speaker, I rise today to
congratulate the North Star Chapter of the Sierra Club on 40 years of
protecting and restoring Minnesota's proud natural legacy.
The Sierra Club is one of America's most influential environmental
organizations, and Minnesota's North Star Chapter is among the oldest
and most active in the country. I commend the North Star Chapter on its
history of policy achievements and success in mobilizing our
communities to action. By engaging citizens in grassroots advocacy,
they have worked to deliver essential environmental victories at the
state and national level.
The environmental and conservation challenges facing the planet today
are great. A changing climate, rapid loss of habitat, and deepening
fossil fuel dependence will require citizens to become involved in
making the change we need on an unprecedented scale. During my time in
Congress, members of the North Star Chapter have been valuable partners
in defending against a series of assaults on federal environmental
protections. Now as we look toward the start of the next Congress and
the support of a new Administration, we have the opportunity to restore
America's global leadership on environmental policy while advancing a
``green'' revolution here at home. I look forward to continuing our
shared fight for environmental protection and restoration in the years
ahead.

____________________

EARMARK DECLARATION

______

HON. TERRY EVERETT

of alabama

in the house of representatives

Wednesday, November 19, 2008

Mr. EVERETT. Madam Speaker, pursuant to the Republican Leadership
standards on earmarks, I submit the following information regarding one
earmark I received as part of H.R. 2638, the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act (P.L. 110-329).
Requesting Member: Congressman Terry Everett.
Bill Number: H.R. 2638, the Consolidated Security, Disaster
Assistance and Continuing Appropriations Act.
Account: Research, Development, Test and Evaluation (RDTE), U.S.
Army.
Legal Name of Requesting Entity: Lockheed Martin.
Address of Requesting Entity: Pike County, Alabama.
Description of Request: The Close Combat Missile System Modernization
for Javelin earmark funding is for $3,700,000. This funding will help
the Army meet its requirements in the Concept Development doctrine
stating that the Javelin missile be modernized to meet modern and
irregular warfare needs. The modernization addresses known obsolescence
issues such as parts replacement and decreasing inventory levels.
Javelin has been in production since 1994. This modernization program
will move the missile closer to its objective performance standard,
while maintaining cost effective production levels and help sustain the
industrial base.
The funding is to be used to evolve Javelin capabilities and address
the requirements stated in the Joint Service Operational Requirement
for Advanced Anti-Armor Weapons Systems-Medium.

____________________

HONORING CHRISTOPHER MICHAEL WHITED

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Christopher
Michael Whited of Blue Springs, MO. Christopher 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
1813, and earning the most prestigious award of Eagle Scout.
Christopher has been very active with his troop, participating in
many Scout activities. Over the many years Christopher 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 Christopher
Michael Whited for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

HONORING 1998 CALIFORNIA STATE UNIVERSITY, FRESNO SOFTBALL TEAM MEMBERS

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich to congratulate the 1998 California State University, Fresno
Softball Team upon it's induction into the Fresno Athletic Hall of
Fame. The team members and coaches will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
On a hot day in late May 1998, second baseman Nina Lindenberg sent
the first pitch in the bottom of the sixth inning over the left-field
fence and the Lady Bulldogs into history. The home run off Arizona ace,
Nancy Evans, was Lindenberg's thirteenth of the season, gave the
Bulldogs a 1-0 lead in the championship game at Hall of Fame Stadium in
Oklahoma City, Oklahoma. The Women's College Softball World Series Most
Valuable Player, Amanda Scott, then polished off a three-hit shutout,
and the Wildcats, as California State University, Fresno claimed its
first NCAA Division I team championship in any sport.
The 1-0 victory capped a magical season for Head Coach Margie
Wright's Bulldogs, who started the season with a 2-2 record and
finished with 52 wins 11 loses. The season was highlighted by 4 wins
and 1 loss in the Women's College World Series, WCWS, with victories
over Nebraska, Michigan, Washington and top-ranked Arizona. The
national title was a united effort as four Bulldogs made the All-
Women's College World Series team: outfielder Laura Berg, first baseman
Angela Cervantez, Nina Lindenberg and Amanda Scott. The Bulldogs
captivated all of the San Joaquin Valley as their games were aired on
local radio and ESPN. Seeded seventh in the field, they arrived in
Oklahoma City determined to win the title for a school that had
finished second in the WCWS four times.
The team was led throughout the year by a pitching staff that
included Amanda Scott (25-4, 0.79 ERA) and Lindsay Parker (21-4, 1.54
ERA) and a balanced hitting attack keyed by Laura Berg (.458 batting
average, 72 runs), Nina Lindenberg (.449, 77 RBI), outfielder Becky
Witt (.392, 69 runs) and Amanda Scott (14 home runs, 72 RBI). The team
included; OF Laura Berg, 1B Angela Cervantez, 2B Nina Lindenberg,
Lindsay Parker, P Amanda Scott, Becky Witt, OF Candice Bowlin, OF Kara
Campbell, SS Alicia Dowland, C/1B Jennifer Jokinen, 3B Jaime Maxey, P
Kim Peck, C Jennifer Slaney, C Janna Todd, I B Vanessa Valenzuela, C
Amber Wall, C Carolyn Wilson, OF Daviana Wisener. The coaching staff
was headed by Margie Wright, assisted by Margaret Sutter and Mary Ivy.
Also involved with the team was Maribel Campos, manager and Andrew
Weeks, trainer.
Madam Speaker, we rise today to commend and congratulate 1998
California State University, Fresno Softball Team upon its achievements
and induction into the Fresno Athletic Hall of Fame. I invite my
colleagues to join me in wishing the 1998 Fresno State Softball Team
congratulations on its many accomplishments.

____________________

EARMARK DECLARATION

______

HON. GARY G. MILLER

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. GARY G. MILLER of California. Madam Speaker, pursuant to the
Republican Leadership standards on earmark's, I am submitting the
following information regarding earmarks I received as part of H.R.
2638, Title VIII:
Requesting Members--Congressman Gary G. Miller.
Bill Number: H.R. 2638.
Bill Section: Title VIII, Disclosure of Earmarks and Congressionally
Directed Spending Items.
Account: Other Procurement Navy PE#024428N, Aegis Support Equipment.
Amount: $4,000,000.
Description of Request: Sabtech Industries (23231 La Palma Ave, Yorba
Linda, CA 92887) requested continued project funding on

[[Page 24260]]

behalf of the United States Navy, Program Executive Office Ships.
Funding will be used to modernize Commercial Off-the-Shelf (COTS) based
peripheral emulators. The project is located at the Naval Surface
Warfare Center, Dahlgren Virginia. The Systems Engineer for Combat
Systems Simulation and Warfare Systems at Naval Surface Warfare Center,
Dahlgren, VA and the United States Navy, Program Executive Office Ships
at Washington Navy Yard, D.C. have endorsed this requirement of Sabtech
products to provide modernization for the Aegis Weapon System and
associated Land Based Test Sites.
The Aegis Land Based Test Sites (LBTS) require various high fidelity
Commercial Off the-Shelf (COTS) based peripheral emulators, High Tech
Data Communication switching systems, and state-of-the-art technology
to collect and analyze Combat System performance data. These products
are vital to the support of the development, certification, Life-Cycle
Support Engineering Activity (LSEA) and training of Aegis and Ship Self
Defense System (SSDS). Modernizing these emulators and switches
provides superior quality computer programs for the war tighter and
significant cost avoidance. Without this modernization, critical test
time in the Aegis LBTSs will be lost, resulting in delaying
certification and delivery of the AEGIS Baselines, AEGIS Ballistic
Missile Defense, and Ship Self Dense System to the fleet.

____________________

RECOGNIZING JUDY THEIN AND TEAM DUI OF LAKE COUNTY, CALIFORNIA

______

HON. MIKE THOMPSON

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. THOMPSON of California. Madam Speaker, I rise to honor Judy Thein
and Team DUI of Lake County for their incredible service to the
community. Team DUI is doing visionary work to address underage
drinking through prevention.
Team DUI was born out of tragedy. After her daughter's death in a
drunk driving accident, Clearlake Vice Mayor Judy Thein has turned the
heartbreak of her loss into a positive effort that is already making a
difference in the community. Team DUI brings together a coalition of
law enforcement, county officials, social service providers and local
educators to teach teens about the dangers of underage drinking and
driving under the influence.
Team DUI's program is designed to help people understand the
consequences of the decisions they make. They provide educational
forums throughout the county, encouraging prevention through teamwork,
community prevention and problem solving. By their actions, they have
demonstrated their willingness to go to great lengths to spread their
message.
Team DUI has received numerous well-deserved honors for their work.
In 2008 alone, they have received Mothers Against Drunk Driving's
Advocate Recognition award and the Best Idea of the Year Award from
Stars of Lake County, among many others.
Madam Speaker, it is appropriate at this time that we thank Judy
Thein and everyone at Team DUI for the remarkable work they have done
for our community. This program has been remarkably successful in a
short period of time, and I know that we will see much more progress in
the years to come.

____________________

EARMARK DECLARATIONS

______

HON. MICHAEL K. SIMPSON

of idaho

in the house of representatives

Wednesday, November 19, 2008

Mr. SIMPSON. Madam Speaker, in accordance with House earmark reforms,
I would like to place in the record a listing of the congressionally-
directed projects I have requested in my home state of Idaho that are
contained in the report of H.R. 2638, the Consolidated Security,
Disaster Assistance, and Continuing Appropriations Act, 2009
Appropriations Bill. I originally attempted to submit this statement on
September 24, 2008, but it appears that it was never printed in the
Congressional Record, so I would like to resubmit my original
statement.
I'd like to take just a few minutes to describe why I support these
projects and why they are valuable to the nation and its taxpayers.
The report contains $4,000,000 in the NPPD Infrastructure Protection
and Information Security account for the Power and Cyber Systems
Protection, Analysis, and Testing Program at the Idaho National
Laboratory. The program would conduct vulnerability analysis, testing,
and protection of power and cyber connected systems for the Department
of Homeland Security, utilizing the unique resources available at the
Idaho National Laboratory, such as the electric grid, SCADA and control
systems, cyber and communication test beds, and the explosives test
range. The proposed work entails collaboration with leading
universities and other National Laboratories to leverage ongoing
research at these institutions and advance the state-of-the-art in
building resilience into infrastructure systems. The funding would be
used to obtain full-scale systems in sectors of interest to DHS for
testing of vulnerabilities, identification of protection strategies,
and evaluation of resilient designs; partner with universities and
National Laboratories to develop resilient control systems; and
establish a program that develops new protection schemes. The INL is
uniquely placed to carry out this program, which would leverage its
ongoing work in this area sponsored by DoD, DHS, and Intelligence
Agencies and its established relationships with industry, universities,
and National Laboratories. This request is consistent with the intended
purpose of this account.
The entity to receive funding for this project is the Idaho National
Laboratory, located at 2525 North Freemont St., Idaho Falls, Idaho
83415.
The report contains $1,600,000 in the Defense Production Act
Purchases account for the Read Out Integrated Circuit (ROIC)
Manufacturing Improvement. The United States Air Force and the Missile
Defense Agency have been investigating ways to improve manufacturing
capabilities and improve cryogenic and radiation performance of these
circuits. The thermal imagers of the future will operate in harsh
environmental conditions for longer periods of time and will have
increased resolution (through increased pixel count) over the detectors
of today. Maintaining a domestic source of this technology as well as
working to enhance the manufacturing capabilities of this critical
technology arc equally as important as increasing the yield. Funds for
this project will be used to establish a long-term, known US source;
improve yields both by the manufacturer and by the vendors who use the
contractor as a manufacturing source; decrease the cycle time required
in manufacturing ROICs and a reduction of design cycle time by ROIC
designers; and provide a roadmap to meet the future needs of the ROIC
designers. When the program is completed, ROICs will be available with
twice the number of pixels for less money than the ROIC currently
costs. This request is consistent with the intended purpose of this
account.
The entity to receive funding for this project is ON Semiconductor,
located at 2300 Buckskin Rd. Pocatello, Idaho 83201.
The report contains $1,600,000 in the Medical Advanced Technology
account for the Integrated Patient Quality Program. To directly enhance
the patient-provider encounter, the Integrated Patient Quality Program
will identify the degree to which physicians utilize consumer content
integrated into the DoD Electronic Medical Record (AHLTA) and provide
after-visit summaries to patients, and identify the impact this
critical medical information has on patients' health and their ability
to make informed decisions. This phase of the project will build upon
the requirements' definition and technical feasibility study performed
within FY08 funding that developed a functional and technical road map,
and successfully tested the Integrated Patient Quality concept in a
development environment. Additionally, the Integrated Patient Quality
Program will explore content delivery options outside of the patient-
provider face-to-face interaction to include: secure provider/patient
email, online laboratory results, pre-visit/test preparation, surgical
decision support, and disease management to at-risk patients. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Healthwise,
Incorporated, located at 2601 N. Bogus Basin Road Boise, Idaho 83702.
The report contains $2,000,000 in the Support Systems Development
account for the Accelerator-Driven Non-Destructive Testing. The Idaho
Accelerator Center (IAC) proposes to continue development of
penetrating and nondestructive testing (NDT) techniques utilizing new
techniques in positron annihilation spectroscopy with accelerator-based
gamma-beams, and the use of monochromatic x-ray beams that are produced
by colliding high-power laser beams with high-energy electron beams.
Both of these core technologies have been under development at the IAC
for several years and have matured to the point that serious in-field
commercialization is possible. This request is consistent with the
intended purpose of this account.

[[Page 24261]]

The entity to receive funding for this project is Idaho State
University, located at 921 South 8th Avenue Pocatello, Idaho 83209.
The report contains $1,440,000 in the Electronics Technology account
for the 3-D Technology for Advanced Sensor Systems Project. The
military has a need for new three-dimensional (3-D) packaging of
electronic systems, particularly sensor systems for portable
applications. The team of Boise State University and RTI International
has developed 3-D processing techniques on silicon and LTCC platforms,
including technologies for die- and wafer-scale bonding and 3-D)
interconnects. These funds will allow them to apply these techniques to
create 3-D integration and packaging solutions applicable to a general
category of high performance sensor systems. These funds will be used
to support summer salaries for faculty, and provide salaries for
research staff, post-doctoral associates, graduate and undergraduate
students. Research supplies, capital equipment, and travel will be
funded as required to support the objectives of the project. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Boise State
University, located at 1910 University Drive Boise, Idaho 83725-1135.
The report contains $1,200,000 in the Critical Infrastructure
Protection account for the Electric Grid Reliability/Assurance project.
The effort will operationalize advanced electric grid modeling
simulation and analysis capability that links disparate critical
infrastructure sector models that run simultaneously and dynamically to
share information providing greater understanding of critical
infrastructure status before, during or after a destructive event.
Funds will be used for the enhanced development of electric grid
modeling, simulation and testing capabilities at the Idaho National
Laboratory (INL). Incorporation of both real-time and distributed
system modeling capabilities will provide expanded capabilities for
analysis of systems critical to DoD. These efforts will provide DoD an
enhanced capability to simulate, prove and make recommendations for
techniques to sustain mission operations via continued power generation
when power from the electric utilities is no longer present. This
request is consistent with the intended purpose of this account.
The entity to receive funding for this project is Idaho National
Laboratory, located at P.O. Box 1625 Idaho Falls, Idaho 83415
The report contains $1,200,000 in the Advanced Electronics
Technologies for the Hybrid Power Generation System. Research has
resulted in a breakthrough technology using compressed magnetic fields
which can generate power. The continued research, development, testing
and validation of the technology should result in mission extension for
dismounted soldiers and considerable savings by reducing the reliance
on disposable batteries. Approximately $57,000 is being spent per
soldier, per year on batteries alone in theatre. This technology will
not only reduce federal spending needed for such batteries, but will
considerably reduce related military logistics costs, reduce the amount
of hazardous waste disposal costs (for the toxic substances used in
battery materials), and will reduce the man/machine interface by
reducing the 20-30 lbs of extra batteries soldiers are currently
required to carry for extended missions. This request is consistent
with the intended purpose of this account.
The entity to receive funding for this project is M2E Power, Inc.,
located at 875 W. McGregor Court, Suite 150 Boise, Idaho 83705
The report contains $3,200,000 in the Chemical and Biological Defense
Program Account for the Vacuum Sampling Pathogen Collection and
Concentration project. Production and commercialization potential of
the recently completed basic wet-vacuum pathogen collection system will
be further enhanced through completion and integration of current
prototype-stage ``sister'' technologies. The combined systems will
provide safer, more accurate and faster sample collection and
processing capabilities with GPS-RFID sample site documentation and
sample identification, plus handling, transport and lab traceability.
Current outsourced production activities will be centralized through
expanded in-house production facilities for more stringent cost, QC and
delivery schedule management and control. Integrated technology systems
will improve safety, accuracy and standardization of bio-agent
detection methods for our soldiers and civilian end users. This request
is consistent with the intended purpose of this account.
The entity to receive funding for this project is Microbial-Vac
Systems, Inc., located at 160 Bridon Way, Jerome, Idaho 83338.
The report contains $3,200,000 in the Advanced Spacecraft Technology
account for the Ultra Low Power Electronics. Ultra-Low Power (ULP)
Electronics is an Air Force Research Lab-sponsored initiative working
in collaboration with industry to develop electronics that require less
power and provide increased efficiency. A key challenge for DoD
electronics applications is the reduction of power consumption in the
Complementary Metal Oxide Semiconductor (CMOS)--the technology platform
used for advanced integrated circuits. Funding in 2009 will develop a
high OPS/Watt ULP platform solution for DoD designers of electronic
systems and demonstrate a base technology that can be rapidly scaled to
meet general ULP industry requirements for portable electronics. The
project is an iterative, multi-lot, fabrication research and
development effort that includes design tool and model development
necessary to deploy the new technology. A viable scaling method for
reducing electronic voltage requirements and the associated ULP
products will define an alternative CMOS scaling roadmap specific to
portable technology. This program will establish a new technical
approach and industrial capability for U.S. electronics. This request
is consistent with the intended purpose of this account.
The entity to receive funding for this project is American
Semiconductor, Inc., located at 3100 S. Vista Ave., Ste 230 Boise,
Idaho 83705.
The report contains $800,000 in the New Design Ssn Account for the
Highly Corrosive-Resistant Alloy Joining for Nuclear Applications. This
funding will be used to develop and test novel prototype design-for-
manufacturing methods, flexible automated welding and inspection
technology for application in submarine nuclear reactor propulsion
systems. The research will result in new joining techniques to shape
highly corrosive-resistant alloys to meet the requirements of
underwater power generation and radiation containment. This request is
consistent with the intended purpose of this account.
The entity to receive funding for this project is Premier Technology,
located at 1858 W. Bridge Street Blackfoot, Idaho 83221.
The report contains $1,800,000 in the Air Force Military Construction
Account for the Mountain Home AFB Logistics Readiness Center. The
Existing Logistic Supply is a condemned 53-year old wooden structure
beyond economical repair. The building had to be evacuated and now 60
percent of base supply functions operate from temporary spaces across
base, creating significant delays in troop/equipment mobilization. This
negatively impacts the Wing's ability to demolish and relocate from
other substandard facilities on base. When funded, the Logistics
Readiness Center will provide command and control for all materials in-
bound and outbound, including freight processing, packing, crating,
pallet buildup shop, and provide bulk and bin storage. The facility
will also support secure storage and an armory and will include
administrative areas. This request is consistent with the intended
purpose of this account.
The entity to receive funding for this project is the 366th Wing,
Mountain Home Air Force Base, Idaho, located at 366 Gunfighter Avenue,
Ste 107, Mountain Home Air Force Base, Idaho 83648.
I appreciate the opportunity to provide a list of Congressionally-
directed projects in my district and an explanation of my support for
them.
(1.) $4 million for the Power and Cyber Systems Protection, Analysis,
and Testing Program; Idaho National Laboratory.
(2.) $1,600,000 for the Read Out Integrated Circuit (ROIL)
Manufacturing Improvement; ON Semiconductor.
(3.) $1,600,000 for the Integrated Patient Quality Program;
Healthwise Incorporated.
(4.) $2,000,000 for the Accelerator-Driven Non-Destructive Testing;
Idaho State University.
(5.) $1,440,000 for the 3-D Technology for Advanced Sensor Systems;
Boise State University.
(6.) $1,200,000 for the Electric Grid Reliability/Assurance; Idaho
National Laboratory.
(7.) $1,200,000 for the Hybrid Power Generation System; M2E Power
Inc.
(8.) $3,200,000 for the Vacuum Sampling Pathogen Collection and
Concentration; Microbial-Vac Systems, Inc.
(9.) $3,200,000 for the Ultra Low Power Electronics; American
Semiconductor.
(10.) $800,000 for the Highly Corrosive-Resistant Alloy Joining for
Nuclear Applications; Premier Technology.
(11.) $1,800,000 in the Air Force Military Construction Account for
the Mountain Home AFB Logistics Readiness Center; Mountain Home Air
Force Base.

[[Page 24262]]

____________________

HONORING JOSHUA CARL WITT

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Joshua Carl
Witt of Blue Springs, MO. Joshua 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 1813, and
earning the most prestigious award of Eagle Scout.
Joshua has been very active with his troop, participating in many
Scout activities. Over the many years Joshua 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 Joshua Carl
Witt for his accomplishments with the Boy Scouts of America and for his
efforts put forth in achieving the highest distinction of Eagle Scout.

____________________

RECOGNIZING THE TISON FAMILY AS THE HOLMS COUNTY, FLORIDA FARM FAMILY
OF THE YEAR

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER of Florida. Madam Speaker, on behalf of the U.S. Congress,
it is an honor for me to rise today to extend congratulations to the
Tison family for being selected as the Holms County 2008 Outstanding
Farm Family of the Year.
Tison Blueberry farm is a bit of an establishment in the Southeast
and it is well known that some of the best blueberries can be found
there in Bonifay, FL. The entire operation is family run and the
picking is done almost entirely by hand. In a time of growing concern
over food safety, Tison Blueberry farm offers a unique alternative to
the traditional grocery store as its customers enjoy the added comfort
of knowing exactly where and how their produce is grown.
After retiring from teaching vocational agriculture for 34 years,
Jack Tison was searching for something that would employ his extensive
knowledge and occupy his time. But it wasn't until visiting a ``u-
pick'' operation in Gainesville, FL that he became interested in
growing blueberries. In the fall of 1984, Jack and his wife Hazel
prepped five acres of land for planting; the subsequent harvest began
just 3 years later. Over the years, the production has increased
exponentially. The farm now grows muscadine grapes and prepares various
jellies, jams, and syrups.
Every year, the north Florida Fair Association honors farm families
in counties throughout north Florida that display leadership through
farming techniques and agricultural production. The Farm Family of the
Year award conveys the importance of farm families' contributions to
some of society's largest needs including food, clothing, and building
supplies. Recognition of their work, as conveyed by this award,
encourages others in the community to become involved and support local
agriculture.
On behalf of all residents of northwest Florida, I hope this family
tradition continues for many future generations.

____________________

HONORING THE UNIVERSITY OF ARIZONA-LED PHOENIX MARS MISSION

______

HON. GABRIELLE GIFFORDS

of arizona

in the house of representatives

Wednesday, November 19, 2008

Ms. GIFFORDS. Madam Speaker, I rise today to pay tribute today to the
team of intrepid men and women at the University of Arizona who
significantly advanced our knowledge of the universe through their work
on the Phoenix Mars Mission. They were led by Peter Smith, principal
investigator for the project.
These 21st century explorers achieved a great engineering and
scientific triumph earlier this year when the 770-pound Phoenix
traveled 420 million miles and successfully parachuted to the rocky
surface of Mars. That odds-defying landing, however, was only the
beginning of Phoenix's awe-inspiring accomplishments.
On the surface of the Red Planet, Phoenix harnessed the power of the
sun to scoop up and analyze the Martian soil. This data--including a
series of remarkable photographs--was transmitted back to Earth where
scientists made what must surely be one of the most significant
discoveries in human history: the presence of frozen water.
For as long as humankind has peered into the heavens, we have
wondered whether or not we are alone in the universe. From our earliest
ancestors to medieval theologians to the scientists of our day, this
question has loomed over us like the stars themselves. Mars has been
the focus of much of this speculation. More than 40 missions have been
launched to explore this planet but only six have been successful.
Foremost among them is the University of Arizona-led Phoenix Mars
Mission.
The discovery of frozen water on Mars by Phoenix did not definitively
confirm or deny the age-old question of our uniqueness in the universe.
No one ever expected it would. But it did give us a deeper
understanding of the fourth planet from the sun. This new knowledge is
a testimony to the creativity of the men and women who made Phoenix
possible at the University of Arizona, the first public university to
lead a mission to Mars.
The Phoenix Mars Mission Team members are: Cherie Achilles, Douglas
Archer, Chris Adams, Paul Allvin, Maria Banks, Stephanie Barnes, Jean
Barret, Carla Bitter, Rolfe Bode, Matt Bomhoff, William Boynton, Robert
Bovill, Dennis Bowers, Cassie Bowman, David Burke, Sanlyn Buxner, Ryan
Brestel, James Cantone, Chewie Chu, Kevin Corcoran, Jesse Cornia,
Michael Drake, Gerard Droege, Alex Ebadirad, Jacob Egan, Heather Enos,
Lisa Fahey, Charles Fellows, Tony Ferrow, Michael Finch, Kenny Fine,
Mike Fitzgibbon, Gwennie Furr, Connie Garcia, Justin Giacotto,
Gabrielle Gilbertsen, Joseph Gotobed, Stephen Gray, Dave Hamara, Sara
Hammond, Lori Harrison, Dustin Harshman, Karl Harshman, Chelsea Hodson,
John Hughes, Robert Jaw, Monty Kennedy, Hamza Kolaghsi, Frankie Kolb,
Melissa Lamberton, Jeffrey Landgreen, Lynn Lane, Therese Lane, Pamela
Larrow, Abel Levario, Colleen Lester, Andrew Levine, Robert Logan,
Douglas Lombardi, Peter Manning, Katelun May, Rick McCloskey, Evan
McKelvy, Trevor Merkley, John Moores, Bryan Morgante, Sean Mulvey,
Julie Norwood, Carroll Oquest, Jerry Penegor, Federico Pennacchini, Ian
Phillips, Amy Philips, John Pursch, Siddhartha Ray, Robert Reynolds,
Garret Richards, Joaquin Ruiz, David Sage, Tisha Saltzman, Walter
Seaman, Jeff Seligman, Andrew Shaner, Adam Shaw, Robert Shelton, Chris
Shinohara, Peter Smith, William Sperry, Lori Stiles, Johnathan
Strootman, Kari Sturm, Roger Tanner, Lisa Tatge, Lisa Tidwell, Cheryl
Tomoeda, Kimmie Varela, Cindi Ward, Heather Weisacosky, Mike Williams,
Galen Woida, Patrick Woida, Rigel Woida, Patricia Wroblewski.
I commend them for their success and for all they have done to expand
our knowledge of the planet Mars.

____________________

HONORING SISTER'S JOURNEY AS THEY CELEBRATE THEIR 10TH ANNIVERSARY

______

HON. ROSA L. DeLAURO

of connecticut

in the house of representatives

Wednesday, November 19, 2008

Ms. DeLAURO. Madam Speaker, the first of November will mark an
important milestone for an outstanding organization in my community--
the 10th Anniversary of Sister's Journey. Founded by my dear friend,
Linda White-Epps, as she coped with her own battle with breast cancer,
Sister's Journey has been an invaluable source of comfort, compassion,
and support for women diagnosed with this disease for the last decade.
The diagnosis of breast cancer can be overwhelming--not only for the
woman who has been told she has this battle to face but for her loved
ones as well. It is important for women to know that they are not alone
and that there are others who are facing comparable challenges, asking
the same questions, and enduring similar hardships, physically and
emotionally. That is what Sister's Journey is all about.
In facing her battle with breast cancer, Linda White-Epps saw the
need in her community for a group that could help women to heal
physically, emotionally, and spiritually. She recognized the need for
education and advocacy, for women to share the trials and tribulations
of cancer, and to celebrate survivorship. What began as a monthly
support group meeting has grown into a community educator and a strong
voice of advocacy for early detection and quality treatment for every
woman fighting breast cancer. But perhaps the organization's greatest
contribution has been that of the Sister's Journey annual calendar.
With each month comes the face and the story of

[[Page 24263]]

a woman still facing breast cancer or who has survived--each page
highlighting their personal journeys. The calendar has proven to be a
tangible example of the encouragement, support, and vision that is
Sister's Journey.
Though Linda lost her battle in 2003, today her legacy--Sister's
Journey--is carried on by her family; her mother Phyllis White, and her
daughter, Dawn White-Bracey, who serves as its current President. Today
as members gather for the annual Pink Tea, we celebrate the remarkable
10 years this organization has been supporting those struggling with
the ongoing challenges of breast cancer. I am proud to stand today to
pay tribute to Sister's Journey and their decade of good work. We all
hope for a time when breast cancer will no longer be a threat to our
health, until then, our community could not be more fortunate than to
have Sister's Journey for those in need.

____________________

EARMARK DECLARATION

______

HON. JERRY WELLER

of illinois

in the house of representatives

Wednesday, November 19, 2008

Mr. WELLER of Illinois. Madam Speaker, I rise today to identify an
earmark that I obtained in H.R. 2638--Homeland Security Division D for
the Coast Guard account for the Elgin, Joliet, and Eastern Railway
Company Bridge, Morris, IL in the amount of $2,000,000.
In February 1995, the Coast Guard declared the EJ&E Bridge across the
Illinois Waterway to be an unreasonable obstruction to navigation and
issued an Order to Alter. The EJ&E Bridge is the most hit bridge on the
entire inland river system.
Funding will allow design and construction for widening the width
between the bridge piers. Currently, the width of the EJ&E Bridge is
only 113 feet. Typically, barge tows that operate within the inland
river system are 105 feet wide, leaving only a total of 8 feet of room
for the barge to fit between the piers. According to the Coast Guard,
modifications made to this bridge will save $1.1 million in damage each
year. Funding this project will make the Illinois River safer for
maritime traffic and will substantially reduce the number of accidents
at this site.
The entity to receive funding for this project is the United States
Coast Guard located at Office of Bridge Administration, CG3-PWB Room
3500, U.S. Coast Guard Headquarters, 2100 Second Street, SW.,
Washington, DC 20593. It is my understanding that the funding would be
used to the design and construction for widening the width between the
bridge piers. I certify that neither I nor my spouse has any direct
financial interest in this project.
Consistent with the Republican Leadership's policy on earmarks, I
hereby certify that to the best of my knowledge this request (1) is not
directed to an entity or program named or will be named after a sitting
Member of Congress (exception must be justified here); (2) is not
intended for a ``front'' or ``pass through'' entity; and (3) meets or
exceeds all statutory requirements for matching funds where applicable.

____________________

HONORING HELEN JONES, M.D.

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today to congratulate Dr. Helen
Jones upon being awarded with the ``Community Health Champions Award''
at the 2008 West Fresno Health Care Coalition's 4th annual ``This is
Your Life of Service'' dinner and award ceremony. This year the
ceremony will be held at the Radisson Hotel Conference Center in
Fresno, California on Friday, October 24th.
Dr. Jones was raised in San Francisco, California. She graduated from
Lowell High School, one of the oldest and most prestigious schools in
the San Francisco school district. She earned a Bachelor's of Arts in
biochemistry from the University of California, Berkley and her Medical
Doctorate from the University of California, San Francisco. Dr. Jones
also attended classes at the Universities of California, Irvine and
Riverside and attended summer courses in biomedical engineering at
Clark College in Atlanta, Georgia. She originally made her way to
Fresno to train under Dr. Howard Morelli, the former dean at the
University of California, San Francisco. Currently, Dr. Jones is in
private practice with Internal Medicine Associates and was formerly
with Linder-Quann Medical Group.
In addition to being an internist, Dr. Jones specializes in
palliative medicine, a form of medical care or treatment that
concentrates on reducing the severity of disease symptoms rather than
halting or delaying progression of the disease itself or providing a
cure. This form of medicine allows seriously and terminally ill
patients comfort and relief from the pain of their disease. Palliative
care educates the patient on symptom management, provides information
about their illness, communicates with the patient and their families
about their disease and provides them with emotional and spiritual
support. Dr. Jones has served as the Hospice Medical Director and
Ethics Chair of Saint Agnes Medical Center. She is a past president of
the Fresno Madera Medical Society. She has developed an obesity
prevention toolkit for medical providers through the California Medical
Association and has been an advocate for cleaning the air throughout
the San Joaquin Valley. Dr. Jones has also served as Chair of the
Fresno Unified School District Wellness Policy and was a board member
of the Central California Blood Center.
Dr. Jones has been a tireless advocate for accessible healthcare
particularly in West Fresno. Through various faith-based and community
organizations she has assisted in promoting the awareness, prevention,
and care of breast cancer. She is a strong believer that proper
education and awareness in disease prevention is the key to keeping the
residents of Fresno County healthy. Dr. Jones credits her success to
her parents' guidance. The family motto growing up was ``Keep it real,
roll up your sleeves and get it done.'' She has held that motto close
to her heart.
Madam Speaker, I rise today to commend and congratulate Dr. Helen
Jones upon being awarded with the ``Community Health Champions Award''.
I invite my colleagues to join me in wishing Dr. Jones many years of
continued success.

____________________

TRIBUTE TO ST. BONAVENTURE PARISH

______

HON. BILL PASCRELL, JR.

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. PASCRELL. Madam Speaker, I would like to call to your attention
the work of an outstanding religious institution, St. Bonaventure
Parish in Paterson, New Jersey, which is celebrating its 130th
Anniversary of dedicated service to its parishioners, and by extension,
the greater community.
It is only fitting that St. Bonaventure Parish be honored in this,
the permanent record of the greatest democracy ever known, for all the
spiritual home it has provided to American families, especially those
just embarking on their path to the American dream, and the dedication
to the entire community that helps keep this deeply rooted parish
family growing towards the future.
St. Bonaventure Parish was founded in 1876 by a group of six
Franciscans who had been expelled from Prussia by Otto Von Bismarck.
They came to the United States and asked Bishop Michael Corrigan of
Newark for a place to live and minister. Just then, a group of
Carmelite priests who had been displaced from Bavaria returned to their
homeland, leaving a partially constructed monastery on Ramsey Street in
Paterson. The Franciscans moved to the building and in 1877 the bishop
elevated the church to parish status. Soon the monastery was completed
and the religious community built a parish church. St. Bonaventure's
was the area's first Franciscan community, and served for many years as
its center of activity. The monastery functioned as a seminary, a
novitiate, a retreat house and a motherhouse of the Holy Name Province,
established in 1901. Thousands received the Franciscan habit here and
began their period of initiation into religious life.
From St. Bonaventure's, the Franciscans established dozens of
missions and parishes in New Jersey and throughout the Eastern United
States. Many others who studied at the monastery went on to serve
abroad. The monastery once operated St. Anthony's Guild, which
published countless books and pamphlets here before its move to New
York City.
The parish has built its tradition by giving its parishioners
spiritual roots in their neighborhood, providing a deep sense of
community to those who have grown in the church, receiving their
sacraments there, as well as welcoming newcomers to the surrounding
area. The St. Bonaventure's parish family has expanded throughout the
years to include many parishioners who have moved out of the
neighborhood, but return with their families to worship at the parish.
Building on its legacy, it is looking to reach out to some of the
newest residents around the parish, many of whom are from Central and
South America, and just beginning their American journeys.

[[Page 24264]]

They are seeking as they move into the future to see more
parishioners young and old become involved in the church's ministries
that reach not only their faith community but the greater Paterson
region. I am certain that St. Bonaventure's will continue to thrive and
enrich not only those who worship there but so many others in need
throughout the area.
The job of a United States Congressman involves so much that is
rewarding, yet nothing compares to learning about and recognizing the
efforts of wonderful, thriving community like St. Bonaventure Parish.
Madam Speaker, I ask that you join all of the parishioners and clergy
of St. Bonaventure Parish, all those whose faith has been enriched
throughout the years, and me in recognizing the outstanding
contributions of St. Bonaventure Parish to the church community and
beyond.

____________________

HONORING KENANIAH THOMAS REISER

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Kenaniah
Thomas Reiser of Farley, Missouri. Kenaniah 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 1028, and
earning the most prestigious award of Eagle Scout.
Kenaniah has been very active with his troop, participating in many
Scout activities. Over the many years Kenaniah 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 Kenaniah
Thomas Reiser for his accomplishments with the Boy Scouts of America
and for his efforts put forth in achieving the highest distinction of
Eagle Scout.

____________________

IN RECOGNITION OF JOYCE SANDERS UPON HER RETIREMENT AS PUBLIC RELATIONS
MANAGER OF EMBARQ CORPORATION

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER of Florida. Madam Speaker, I rise today to recognize Joyce
Sanders, who is retiring as Public Relations Manager of EMBARQ
Corporation. Ms. Sanders has played a vital role in the community
service organizations of Northwest Florida, and I am honored to
recognize her achievements.
Joyce Sanders moved to Northwest Florida in 1993, and she has been a
community leader ever since. Her local leadership includes serving on
the Board of Directors of the Fort Walton Beach Chamber of Commerce,
the Board of Trustees of the Okaloosa County Economic Development
Council, and the Board of Directors of the Walton County Economic
Development Council. Ms. Sanders is actively involved with the United
Way of Okaloosa County and the March of Dimes WalkAmerica program. She
has been a mentor to numerous young women across Northwest Florida by
working with the University of West Florida Small Business Development
Center. Through EMBARQ, Ms. Sanders provides numerous scholarships to
the UWF Women in Business Seminar and to underprivileged students at
Northwest Florida State College.
Ms. Sanders' commitment to service can be seen through her numerous
awards, including her selection in 1998 as Honorary Commander for the
Eglin Air Force Base 33 Fighter Wing Program. This award recognizes the
value of military and civilian partnerships, a fundamental component of
Northwest Florida. Awards alone, however, cannot describe the true
value of Ms. Sanders' service to our area. In the aftermath of natural
disasters Hurricane Opal and Hurricane Ivan, Ms. Sanders used her
position at EMBARQ to place mobile telephone trailers throughout the
affected regions so those displaced from their homes could contact
their families and friends. Her courage in the face of these disasters
exemplifies Ms. Sanders' devotion to the people of our community.
Madam Speaker, on behalf of the United States Congress, I would like
to thank Joyce Sanders for her years of public service to the community
of Northwest Florida. Vicki and I wish her and her family best wishes
for continued success.

____________________

HONORING THE MEMORY OF JASON ANTHONY VAZQUEZ

______

HON. RAHM EMANUEL

of illinois

in the house of representatives

Wednesday, November 19, 2008

Mr. EMANUEL. Madam Speaker, I rise today in honor of a constituent
who gave his life in service to our country. Staff Sergeant Jason
Anthony Vazquez, a member of the 2nd Battalion 122nd Field Artillery,
died in support of Operation Enduring Freedom in Gerdia Seria,
Afghanistan on September 17, 2008.
Jason was taken from us too soon, but although he was only 24 years
old, he had a profound effect on members of his family, community, and
workplace.
Jason was engaged to Genevieve Gonzalez, who remembers with joy the
time they shared and the future they planned together. While her future
will not be as she thought, she gains strength from the relationship
they built and the values he imparted. To honor Jason, Genevieve has
helped raise money to provide care packages and cards to the troops
serving in Jason's unit.
As an officer with Cook County's Department of Corrections, Jason
always left an impression with his optimism, energy and cheerfulness.
To honor his memory, the Department has created the Jason A. Vazquez
Leadership Award to be given to the most deserving Training Academy
graduate each year.
Jason's many aunts, uncles and cousins gained strength from the joy
he shared with each of them. His grandparents, Francisco and Leonor
Vazquez, cherish the time Jason spent playing catch in the front yard
as a young boy, helping with errands as he grew stronger, and sharing
stories and wisdom as he grew into a man. His brother and sister, Jose
Jr. and Janice, take comfort in the memory of his love of music, his
passion for basketball, and his place in the center of any party or
gathering. His parents, Jose and Lisa, take pride in the son who grew
from a popular and fun-loving Schurz High School '02 classmate to the
dedicated young man who wore the uniform of this country, and made the
ultimate sacrifice for us.
Madam Speaker, I am honored to pay tribute to this young man, and I
am humbled by his service and his sacrifice. I ask that we remember
Jason and his family and friends in our thoughts and prayers, and that
we honor him and the rest of the men and women who have given their
lives in service to our country.

____________________

HONORING DEACON HENRY WILFORD ELLIOTT, SR.

______

HON. BARBARA LEE

of california

Wednesday, November 19, 2008

Ms. LEE. Madam Speaker, I rise today to honor the extraordinary life
of Deacon Henry Wilford Elliott, Sr. A dedicated educator and family
man, Henry tirelessly devoted his life to his community and used his
many talents in the service of others. He passed away on November 3,
2008. Although we have said goodbye to our dear friend, his spirit will
live on in our hearts through the love he shared with us.
Born on May 20, 1917, in Vian, Oklahoma, Henry was the child of Frank
Van Elliott and Beatrice Johnson Elliott. A small and loving family,
the Elliots had only one other child, Henry's brother Othello, who
preceded him in death.
After graduating from Manual Training High School, Henry went on to
college attending the Tuskegee Institute and Langston University,
respectively. While in college, Henry joined the Alpha Phi Alpha
fraternity in 1935 and was a founding member of the Kappa Omicron
Lambda chapter. He graduated from Langston in 1938 and went on to teach
high school for several years in Wagoner and Tallahassee, Oklahoma.
Henry, known as Hank to his family and loved ones, served in the
military for 21 years. By the time he retired he had earned the rank of
captain. On January 11, 1943, Henry married the love of his life, Lydia
Marie Pitts, in Porter, Oklahoma. This inspiring union would last
almost 66 years, until Henry's passing.
During the first years of their marriage, Henry and Lydia traveled
extensively, living overseas in Japan and Germany as well as several
States throughout the United States while Henry completed his service
in the military. Their first child, Henry, Jr., was born in 1952 in
Alaska. Their second child, Terence Todd, was born in Okinawa, Japan,
in 1957. The family eventually settled in Richmond, California, in
1963. In love with their new

[[Page 24265]]

home State, Henry and Lydia remained in California from that point
forward. They become true Californians and contributed to their local
communities with an uncompromising level of compassion and
selflessness.
Henry was a devoted educator and taught for many years in the Vallejo
school district. He retired as a junior high school principal in 1978,
served on the school board for 8 years, and was elected board
president. Throughout this time and after his retirement, Henry was
relentlessly devoted to his community of Vallejo, his church, and
services and organizations committed to assisting those most in need
and improving opportunities for people of color.

He served in numerous capacities and board positions, including the
Vallejo Neighborhood Housing Association and the Adkins Project, of
which he was a founding member. He served on the boards of Vallejo's
Fighting Back Partnership and Meals on Wheels, and was a member of the
Masonic Lodge Firma Chapter, the Omega Boys and Girls Club, the Pan
Hellenic Council and the Solano County Juvenile Justice Board. Henry
was also a past Patron of the Eastern Star, Princess Zorah Chapter #70
and a lifetime member of Veterans of Foreign Wars and the NAACP.
Henry's life spanned across the most influential, politically
dynamic, and hard-fought social justice moments in our Nation's
history. Henry Wilford Elliott, Sr., worked hard for everything in his
life and did so with a calm and elegance often unmatched. The values
that Henry developed early in his life--those of education, faith in
God, and community service--would remain with him throughout the nine
decades he witnessed. He was known as a hardworking and respected man
who was cherished by all who knew him.
On a personal note, I have had the privilege to have known Henry
since I was 2 years old. He is the godfather of my sister, Beverly, and
has been a loving part of my extended family. As a young girl, I fondly
remember babysitting for Henry and Lydia. They were skilled and adoring
parents and I often marveled at their unmistakable love for one another
and their children. He was a very close friend of my family, and we
will all miss him tremendously.
On behalf of California's Ninth Congressional District, I would like
to extend my deepest condolences to the family and friends of Deacon
Henry Elliott, Sr., especially to his wife, Lydia, his loving children,
Henry, Jr. and Terence, his daughters-in-law Sabrina and Amanda, his
granddaughters Hasana, Karinda, Nyeri and Imani, his sisters-in-law
Vonia Johnson, Velma McCann and Laura McCann, and his brother in-law,
Floyd Pitts, as well as a host of nieces, nephews, cousins, and others
whom Henry dearly loved. Thank you for sharing this kind spirit with
us. May his soul rest in peace.

____________________

HONORING TOM GOODWIN

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich, to congratulate Tom Goodwin upon his induction into the
Fresno Athletic Hall of Fame. Mr. Goodwin will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
Tom Goodwin excelled at every level of baseball which was highlighted
by 14 years in the major leagues. He was so fast that he turned
groundballs hit to the left side into infield singles, which excited
both teammates and fans, and frustrated opponents. After starring at
Central High School in Fresno, California, he energized Bob Bennett's
California State University, Fresno, teams for 3 seasons, topped by the
1989 campaign when he was named an All-American, the Big West
Conference Player of the Year and the Bulldog's Male Athlete of the
Year. A year earlier, Mr. Goodwin played in the College World Series
and experienced Olympic glory as a center fielder on the gold-medal-
winning U.S. team in Seoul. He left California State University,
Fresno, as a two-time NCAA stolen-base champion. He was the Bulldog's
career stolen-base leader with 164 and is among the school's Top 10 in
many season, and career, offensive categories.
Drafted in the first round by the Los Angeles Dodgers, Mr. Goodwin
reached the major leagues in just his second season and became a
regular in 1995 with the Kansas City Royals; hitting .288, with 50
stolen bases. He would go on to steal 50 or more bases during 4
seasons, with a high of 66 during one season. He finished his career
with a total of 360 stolen bases. His career batting average is .268,
with 636 runs and 284 runs batted in. Mr. Goodwin's handling of the bat
and commitment to winning is illustrated by twice leading the American
League in sacrifice bunts. He played in 7 postseasons with the Texas
Rangers, Chicago Cubs and reached the World Series in 2002 with the
Giants.
Madam Speaker, we rise today to commend and congratulate Tom Goodwin
upon his achievements and induction into the Fresno Athletic Hall of
Fame. I invite my colleagues to join me in wishing Mr. Goodwin
congratulations on his many accomplishments.

____________________

HONORING KYLE BRYSON EVANS

______

HON. SAM GRAVES

of missouri

in the house of representatives

Wednesday, November 19, 2008

Mr. GRAVES. Madam Speaker, I proudly pause to recognize Kyle Bryson
Evans of Holt, Missouri. Kyle 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 1494, and
earning the most prestigious award of Eagle Scout.
Kyle has been very active with his troop, participating in many scout
activities. Over the many years Kyle 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 Kyle Bryson
Evans for his accomplishments with the Boy Scouts of America and for
his efforts put forth in achieving the highest distinction of Eagle
Scout.

____________________

A TRIBUTE TO ANISH BERRY

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Wednesday, November 19, 2008

Mr. TOWNS. Madam Speaker, I rise today to pay tribute and to honor
Mr. Anish Berry. Mr. Berry is the President of the Diagnostic Imaging
Group, which operates 38 diagnostic imaging centers, 23 of which are in
New York and 6 in New Jersey under the name Doshi Diagnostic Imaging
Services, as well as 16 centers in Florida under the name Signet
Diagnostic Imaging Services.
Mr. Berry helped to engineer the aggressive growth of the Diagnostic
Imaging Group by leveraging hardware-and-software prowess with the
talents of a diverse medical, technical, and administrative staff to
deliver high-caliber customer service to patients and over 40,000
referring physicians. This excellent team of medical professionals is
paired with state of the art equipment in each facility where the full
range of imaging services are offered, including MRI/MRA, CT,
Ultrasound, X-ray, Mammography, PET/CT, Nuclear Medicine, Nuclear
Cardiology, DEXA, Echocardiolgraphy and Vascular Duplex.
Mr. Berry takes the same aggressive approach to his charitable works.
He is the co-founder of the Doshi Difference Program at the John Bowne
High School in Flushing, NY. This unique, selective program affords its
students an outstanding introduction in research techniques as well as
valuable learning experiences including scientific competitions,
mentoring, field trips, and speakers. Mr. Berry was also responsible
for the recent construction of a brand new science lab at John Bowne
High School to further assist the students in their quest for
educational excellence.
Mr. Berry is also a staunch supporter of law enforcement, serving as
the Director of the New York Law Enforcement Foundation, the Medical
Director of Amtrack Police, the Director of the Suffolk County Police
Reserves, and as a member of the Nassau County Police Reserves.
Madam Speaker, I would like to recognize Mr. Anish Berry for his
extraordinary accomplishments in diagnostic imaging, science education,
and community service.
Madam Speaker, I urge my colleagues to join me in paying tribute to
Mr. Anish Berry.

____________________

RECOGNITION OF MR. ROBERT S. HEKEMIAN

______

HON. STEVEN R. ROTHMAN

of new jersey

in the house of representatives

Wednesday, November 19, 2008

Mr. ROTHMAN. Madam Speaker, I rise to recognize Mr. Robert Hekemian,
a resident of Saddle River, New Jersey, for his lifetime of dedication
to the improvement of the community, and being awarded the Bergen
Community College Foundation's 2008 Medallion

[[Page 24266]]

Award of Merit for Corporate Responsibility and Philanthropy.
Mr. Hekemian currently serves as Chairman of the Board and Chief
Executive Officer of both Hekemian & Co., Inc., a real estate
investment, management and brokerage company, and First Real Estate
Investment Trust of New Jersey. He has been active in the real estate
business for more than 6 decades, and is esteemed by his peers.
Mr. Hekemian, who is of Armenian descent, is a devoted member of the
Armenian Presbyterian Church in Paramus, New Jersey and serves on the
Board of the Armenian Missionary Association of America. During the
past 50 years, he has contributed substantially to numerous civic and
community organizations, as well as domestic and international
charitable endeavors, both personally and through the Robert and Mary
Jane Hekemian Foundation. Benefactors of the Foundation include The New
York Philharmonic, Hackensack University Medical Center, Bergen
Community College, Boy Scouts of America and The Young Men's Christian
Association (YMCA). Finally, Mr. Hekemian is a devoted husband, father,
and grandfather. He has been married to his loving wife Mary Jane for
51 years, and they have been blessed with 4 wonderful children and 7
grandchildren.
Today, I would like to recognize Robert Hekemian's leadership by
example for more than half a century. I am proud that such an honorable
man resides in my Congressional District. My constituents' lives are
better for all his many and generous contributions to the community. I
offer my sincere and hearty congratulations on the occasion of this
well-deserved and distinguished award.

____________________

RECOGNIZING THE CHILD ADVOCACY CENTER OF GENESEE COUNTY AWARD WINNER

______

HON. DALE E. KILDEE

of michigan

in the house of representatives

Wednesday, November 19, 2008

Mr. KILDEE. Madam Speaker, I ask the House of Representatives to join
me in congratulating the individuals honored by the Child Advocacy
Center of Genesee County for their service to the young people of the
greater Flint area that are the victims of child abuse. Genesee County
expressed its gratitude to these persons at a dinner on November 6,
2008 in Flint, Michigan.
The Child Advocacy Center of Genesee County was founded to react to
allegations of child abuse. A multidisciplinary team responds by
providing forensic interviews, medical evaluations, therapeutic
intervention, and victim support/advocacy. Their goal is provide these
services to children and families in a safe and consistent manner.
Three persons were honored that evening. The 2008 Stars for Children
Awards Law Enforcement Officer of the Year is Detective Diana Mills of
the Mt. Morris Township Police Department. The 2008 Stars for Children
Awards Child Protective Services Worker of the Year is Marie Putnam.
Andrea Legendre was named the 2008 Stars for Children Awards Prosecutor
of the Year.
May the House of Representatives rise with me and applaud the work of
these individuals. Their commitment to abused and vulnerable children
is exemplary. They perform an invaluable service to our community and
through their work abused and neglected children in Genesee County have
help for a safer, happier life.

____________________

IN RECOGNITION OF MAJOR BRIAN SITLER, UNITED STATES AIR FORCE

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER of Florida. Madam Speaker, I rise to honor the service of
Major Brian Sitler, United States Air Force. Brian served as the
Military Fellow in my office during the second session of the 110th
Congress and was an integral part of the staff. He took the lead on 9
important portfolios: Defense/Foreign Policy, FEMA, Homeland Security,
Immigration, Postal TRICARE/Military Health Care, Labor/Trade,
Resources/Interior/Environment, and Science and Technology. He also
served as my subject matter expert for important Air Force issues which
included the Air Force Tanker replacement and the BRAC-mandated Joint
Strike Fighter beddown at Eglin Air Force Base. Brian's counsel on the
strategic as well as tactical implications was extremely valuable.
Brian's performance in dealing with constituents and case work should
be commended. He effectively negotiated the executive and legislative
barriers to solve constituent issues. One case in particular should be
highlighted. He received a constituent request from a military retiree
whose daughter was diagnosed with autism. Brian took the initiative to
investigate this case further and uncovered a significant gap between
active duty and retiree TRICARE coverage in the Extended Care Health
Option, ECHO, program. After bringing this to my attention, Brian
worked with the Congressional Budget Office, Professional Staff Members
from the House Armed Services Committee, autism advocacy groups, and
offices of other Members of Congress and Senators. As a result of his
diligent work, the $231 million bipartisan ``Military Family Autism
Equality Act'' was introduced. Without Brian's initiative, hard work,
and attention to detail, this act would not have been possible.
In addition to the accomplishments already noted, Brian served as a
pivotal staffer and organized escorts for two Honor Flight trips. Honor
Flight brought 203 World War II heroes to visit Washington, DC's war
memorials. He also assisted me in high level meetings with the
Ambassadors from the Republic of Korea and Mauritania. He served as an
outstanding ambassador of the United States Air Force, and I was proud
to have him as an integral part of my staff.
Brian excelled in every area and exceeded all fellowship
expectations. While I am saddened that he will soon leave my office, I
am delighted that Brian was selected for Squadron Command. I have no
doubt that he will excel in this role as a Commander, and I will feel
comfortable knowing that the lives of our Airmen are in his hands.
Vicki and I wish Brian, his wife, Suzanne, and their children, Meagan,
Cory, Gabe, and Emily our best wishes for future success and happiness.

____________________

HONORING MARSHALL FRITZ

______

HON. RON PAUL

of texas

in the house of representatives

Wednesday, November 19, 2008

Mr. PAUL. Madam Speaker, I rise to pay tribute to my friend Marshall
Fritz who passed away on Tuesday, November 4, after a long battle with
pancreatic cancer. Marshall was a true champion of freedom whose impact
on the cause of liberty will be felt for years to come.
Marshall, with his booming voice and good humor, was the happy
warrior of the freedom movement, as well as the movement's Will Rogers.
Marshall never met a fellow fighter for liberty, a single-issue ally,
or a potential convert he did not like--and to Marshall anyone who did
not already share his love of liberty was a potential convert.
Marshall was a model of an ideological/political entrepreneur. In
1984, Marshall saw that the growth of the freedom movement was
handicapped by the lack of an organization to help activists better
communicate the freedom philosophy to the general public. While
Marshall was not the first person to have this realization, he was the
first person to attempt to remedy the situation by founding Advocates
for Self-Government, an organization designed to teach activists how to
effectively communicate their principles.
In the years since Marshall founded the Advocates for Self-
Government, the organization has helped countless libertarians by
providing them with the intellectual resources necessary to effectively
battle for a free society.
While serving as president of the Advocates, Marshall created the
World's Smallest Political Quiz. The quiz graphs an individual's
political philosophy based on responses to a series of 10 questions
that measure one's commitment to economic and personal liberty.
Under Marshall's leadership, the Advocates undertook an aggressive
program of distributing the quiz. There is no doubt that this has been
the Advocate's most successful and popular program. The quiz is
responsible for many Americans' first contact with libertarian ideas.
While traveling around the country, I have often heard people say, ``I
never knew I was a libertarian until I took the quiz!''
In 1990, Marshall stepped down as president of the Advocates to found
the Alliance for the Separation of School and State, an organization
focusing on the vital issue of parental control of education. Thanks in
large part to Marshall's work, the idea that parents, not the
government, should control education is no longer excluded from public
debate as a ``fringe'' notion. One of the features that most impresses
me about the Alliance is the way that Marshall brought libertarians,
conservatives, liberals together to work for education freedom.

[[Page 24267]]

Anyone who knew Marshall and worked with him would not be surprised
that he was able to forge a coalition of people of diverse views.
Marshall's focus was always on building alliances and trying to
persuade those with whom he disagreed, rather than on scoring debating
points. While he never compromised his principles and never hesitated
to criticize even his closet allies if they took what he considered an
anti-liberty position, Marshall never personalized disagreements and
always treated his opponents with courtesy and respect. I believe the
freedom movement would be more successful if more libertarians followed
Marshall's example of never turning policy disagreements into personal
attacks.
All of us who care about building an effective freedom movement owe a
debt of gratitude to Marshall Fritz. I join Marshall's family in
mourning his loss and I urge all of us who work for liberty to honor
Marshall's memory by following the example he set.

____________________

DANIEL W. BLANKENBURG

______

HON. JOHN T. DOOLITTLE

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. DOOLITTLE. Madam Speaker, Daniel W. Blankenburg first came to
Washington in 1994. He began working in Congress for Rep. Don Manzullo
and then Rep. Tom Ewing. He then served as Legislative Director to Rep.
John Shimkus until he moved to the private sector to work for the
National Federation of Independent Businesses. In 2005, Dan decided to
return to public service, and I was fortunate enough to have him join
our office. At that time, we were looking for a person to build
coalitions and form alliances, and Dan's impressive record made him the
perfect candidate.
In his role as Chief of Staff, Dan has made each decision with
careful attention to ensure the best possible outcome. His meticulous
approach, vast knowledge and inquisitive nature have been tremendous
assets to me personally as well as to our entire organization. I am
always confident that Dan leaves no stone unturned when making
decisions on my behalf.
Dan's highly regarded character is demonstrated by his popularity
around the capitol. It is difficult to walk down a hallway, enter an
elevator or sit at a local restaurant with Dan without striking up a
conversation with one of his many friends and acquaintances. While most
of us simply wave or exchange salutations in passing, Dan takes the
time to catch up with friends whenever possible. There is even a chance
for encounters with complete strangers if they happen to be wearing a
Bears or Cubs hat.
While Dan's professionalism is truly impressive, his personal
qualities are also admirable. Dan often speaks fondly about his family:
he enjoys visiting his parents, Millie and Dan, along with his
grandmother, Mildred, in Colorado. Dan speaks with great pride about
his brothers, Jason and Chip, and his sister, Jodie. He enjoys being an
uncle to his nephew, Parken, and his nieces, Jodie and Mattes. Perhaps
most notably, Dan relishes every opportunity he can find to talk about
his lovely wife Cate, whom he truly adores.
Dan is a man of great talents, and I know he will do well in whatever
future opportunities he pursues. I wish him all the best wherever life
may take him.

____________________

HONORING HARRIS FARMS

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today to honor Harris Farms
upon being honored with the 2008 Baker, Peterson and Franklin Ag
Business Award. Harris Farms was honored at a luncheon November 5, 2008
held at the Radisson Conference Center in Fresno, CA.
Harris Farms was founded in 1937 by Jack and Teresa Harris on 320
acres of prime land in the central California's San Joaquin Valley.
Over the past 70 years, Harris Farms has grown to cover thousands of
acres and has become one of the most vertically integrated, diversified
and largest agribusinesses in the U.S. Harris Farms has grown to
include Harris Ranch Beef Company, Harris Feeding Company, Harris
Fresh, Harris Ranch Restaurant, Harris Farms-Thoroughbred, Harris Ranch
Inn and Harris Ranch Online Country Store.
Today, under the direction of John and Carole Harris, the operation
produces 33 crops including everything from carrots, lettuce, tomatoes,
garlic, onions, citrus, nuts and grapes. Harris Ranch Beef and Harris
Feeding companies have earned a reputation as two of the largest and
most innovative firms in the industry, pioneering the development of
branded beef and value-added beef products. Their thoroughbred division
breeds, trains and races thoroughbred horses at tracks across the
county. The Harris Ranch Inn and Restaurant serves 2,000 guests per day
and showcases their beef products and produce. Harris Farms is one of
the largest employers in the Coalinga area with 1,500 hundred
employees.
Harris Farms received the 2002 Fresno Bee Excellence in Business
Award. John Harris has been recognized by his peers with State Fair
Agriculturist of the Year, Livestock Man of the Year and Cattle
Businessman of the Year. He serves on the California Horseracing Board,
Western Growers Board and is past president of the American Cattleman
Association and the California Thoroughbred Breeders Association. He is
past chair of the St. Agnes Hospital Foundation Board. He has also
served on the University of California, Davis Foundation, Alumni Boards
and the University of California President's Agriculture Advisory
Board. Carole Harris is a member of La Feliz Children's Hospital Guild
and past member of the Fresno County Historical Society Board. Mr. and
Mrs. Harris are involved with countless organizations and annually
award scholarships to children of employees.
Madam Speaker, I rise today to commend and congratulate Harris Farms
upon being honored with the 2008 Baker, Peterson and Franklin Ag
Business Award. I invite my colleagues to join me in wishing Harris
Farms many years of continued success.

____________________

A TRIBUTE TO KEN BURNS

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Wednesday, November 19, 2008

Mr. TOWNS. Madam Speaker, I rise today to pay tribute and to honor
Mr. Ken Burns, one of the most celebrated documentary producers of our
day. His films have captured the American experience and have forever
elevated and enriched our understanding of American history.
Ken Burns, born in Brooklyn, earned his Bachelor of Arts degree from
Hampshire College in Amherst, Massachusetts in 1975, and went on to
become one of the co-founders of Florentine Films. His first Academy
Award-winning documentary was Brooklyn Bridge, in 1981. Since then, he
has produced nineteen more documentaries, two earning Academy Award
nominations and seven winning Emmy Awards.
Ken Burns was the director, producer, co-writer, chief
cinematographer, music director and executive producer of the landmark
television series The Civil War, considered by many to be his magnum
opus. This film was the highest rated series in the history of American
Public Television and attracted an audience of 40 million during its
premiere in September 1990. The series has been honored with more than
forty major film and television awards, including two Emmy Awards, two
Grammy Awards, the Producer of the Year Award from the Producer's
Guild, the People's Choice Award, the Peabody Award, the DuPont-
Columbia Award, the D.W. Griffiths Award, and the $50,000 Lincoln
Prize, among dozens of others.
Ken Burns most recent documentary, The War, tells the story of the
Second World War from the personal perspectives of men and women from
Waterbury, CT, Mobile, AL, Sacramento, CA, and Luverne, MN. Airing in
the fall of 2007, it was the most watched series in the last ten years
on PBS. One hundred and seventeen PBS stations across the nation
participated in some form of community outreach and nearly 30,000
educator guides went to every high school in the country. As was hoped,
``The War'' started a massive national dialog about this most
cataclysmic event in the history of the United States.
Madam Speaker, I would like to recognize Mr. Ken Burns for igniting a
passion for American history in millions of Americans throughout his
prodigious filmmaking career.
Madam Speaker, I urge my colleagues to join me in paying tribute to
Mr. Ken Burns.

____________________

WHEN WILL BAILOUTS STOP

______

HON. VIRGINIA FOXX

of north carolina

in the house of representatives

Wednesday, November 19, 2008

Ms. FOXX. Madam Speaker, last December, I joined 99 of my House
colleagues in opposing H.R. 6, the Energy Independence and

[[Page 24268]]

Security Act of 2008 which authorized a $25 billion bailout for the
automobile industry. Nine months later, I voted against H.R. 2638 which
designated $7.5 billion in emergency funding for the bailout. Now
Detroit is asking for an additional $25 billion as Democrat leaders
line up to deem this industry ``too big to fail.'' When will it stop?
What means of production are next in line for seizure by our
centralized government?
Detroit automakers' management and labor unions have created a toxic
combination of poor decision-making that has led to this mess. I
understand that prepaid pensions decreased by $16.6 billion or 82.1
percent to $3.6 billion on September 30, 2008 from $20.2 billion on
December 31, 2007 and by $15.3 billion or 80.9 percent from $18.9
billion on September 30, 2007. These decreases are due to: (1) losses
of $6.3 billion on the hourly and salaried pension plan asset
portfolio; (2) recording a $2.7 billion liability related to the
Settlement Agreement; (3) recording a $2.7 billion liability due to the
increase in the monthly pension benefit paid to salaried OPEB plan
participants as compensation for the elimination of post-65 healthcare
benefits; (4) the transfer of $2.1 billion of Delphi pension
liabilities to GM; and (5) recording a $2.0 billion increase due to the
2008 UAW and IUE-CWA Special Attrition programs. There are some who
believe that this means that after combining General Motor's cash
losses, and with the losses disclosed in GM's most recently filed SEC
10Q form, it totals about $23 billion. Therefore a $25 billion bailout
is little more than a three month band-aid.
The accompanying Wall Street Journal editorial outlines the perils of
pursuing this latest bailout. It is my hope that Congressional leaders
will reject this latest misguided effort to bailout industries that
have made poor decisions at the expense of those who have not.
November 10, 2008.

Nationalizing Detroit

In the Washington mind, there are two kinds of private
companies. There are successful if ``greedy'' corporations,
which can always afford to pay more taxes and tolerate more
regulation. And then there are the corporate supplicants that
need a handout. As the Detroit auto makers are proving, you
can go from being the first to the second in the blink of an
election.
For decades, Congress has never had a second thought as it
imposed tighter emissions standards on GM, Ford and Chrysler,
denouncing them for making evil SUVs. Yet now that the
companies are bleeding cash, and may be heading for
bankruptcy, suddenly the shrinking Big Three are the latest
candidates for a taxpayer bailout. One $25 billion loan
facility has already been signed into law, and Senator Debbie
Stabenow (D., Mich.) wants another $25 billion, this time
with no strings attached.
Speaker Nancy Pelosi and Senate Majority Leader Harry Reid
met last week with company and union officials, and they
later sent a letter urging Treasury Secretary Henry Paulson
to bestow cash from the Troubled Asset Relief Program (Tarp)
on the companies. Barack Obama implied at his Friday press
conference that he too favors some kind of taxpayer rescue of
Detroit, though no doubt he'd like to have President Bush's
signature on the check so he won't have to take full
political responsibility.
We hope Messrs. Bush and Paulson just say no. The Tarp was
intended to save the financial system from collapse, not to
be a honey pot for any industry running short of cash. The
financial panic has hit Detroit hard, but its problems go
back decades and are far deeper than reduced access to credit
among car buyers. As a political matter, the Bush
Administration is also long past the point where it might get
any credit for helping Detroit. But it will earn the scorn of
taxpayers if it refuses to set some limits on access to the
Tarp. If Democrats want to change the rules next year, let
them do it on their own political dime.
A bailout might avoid any near-term bankruptcy filing, but
it won't address Detroit's fundamental problems of making
cars that Americans won't buy and labor contracts that are
too rich and inflexible to make them competitive. As Paul
Ingrassia notes nearby, Detroit's costs are far too high for
their market share. While GM has spent billions of dollars on
labor buyouts in recent years, they are still forced by
federal mileage standards to churn out small cars that make
little or no profit at plants organized by the United Auto
Workers.
Rest assured that the politicians don't want to do a thing
about those labor contracts or mileage standards. In their
letter, Ms. Pelosi and Mr. Reid recommend such ``taxpayer
protections'' as ``limits on executive compensation and
equity stakes'' that would dilute shareholders. But they
never mention the UAW contracts that have done so much to put
Detroit on the road to ruin. In fact, the main point of any
taxpayer rescue seems to be to postpone a day of reckoning on
those contracts. That includes even the notorious UAW Jobs
Bank that continues to pay workers not to work.
A Detroit bailout would also be unfair to other companies
that make cars in the U.S. Yes, those are ``foreign''
companies in the narrow sense that they are headquartered
overseas. But then so was Chrysler before Daimler sold most
of the car maker to Cerberus, the private equity fund. Honda,
Toyota and the rest employ about 113,000 American auto
workers who make nearly four million cars a year in states
like Alabama and Tennessee. Unlike Michigan, these states
didn't vote for Mr. Obama.
But the very success of this U.S. auto industry indicates
that highly skilled American workers can profitably churn out
cars without being organized by the UAW. A bailout for
Chrysler would in essence be assisting rich Cerberus
investors at the expense of middle-class nonunion auto
workers. Is this the new ``progressive'' era we keep reading
so much about?
The car makers say that bankruptcy is unthinkable and ``not
an option.'' And bankruptcy would certainly be expensive, not
least for Washington itself, which could be responsible for
600,000 or so retiree pensions through the Pension Benefit
Guaranty Corp. In that sense, the bailout is intended to
rescue the politicians from having to honor that earlier
irresponsible guarantee. But at least that guarantee would be
finite. If Uncle Sam buys into Detroit, $50 billion would
only be the start of the outlays as taxpayers were obliged to
protect their earlier investment in uncompetitive companies.

If our politicians can't avoid throwing taxpayer cash at Detroit,
then they should at least do so in a way that really protects
taxpayers. That means handing a receiver the power to replace current
management, zero out current shareholders, and especially to rewrite
labor and other contracts. Anything less is merely a payoff to Michigan
politicians and their union allies.

____________________

HONORING U.S. ARMY SERGEANT JOSE REGALADO

______

HON. HILDA L. SOLIS

of california

in the house of representatives

Wednesday, November 19, 2008

Ms. SOLIS. Madam Speaker, I rise today to pay tribute to U.S. Army
SGT Jose Regalado who died while serving our country.
SGT Jose Regalado was from El Sereno, California. He was born on May
11, 1985, and attended Sierra Park Elementary School, El Sereno Middle
School, and Woodrow Wilson High School. As a high school student,
Sergeant Regalado joined the Junior ROTC where he worked hard to move
up the JROTC ranks. He earned the position of cadet battalion command
sergeant major, the highest noncommissioned officer position in the
battalion, and received several of the highest awards possible.
Sergeant Regalado enlisted in the United States Army on July 22,
2003. He was a member of K Troop, 3rd Squadron, 3rd Armored Calvary
Regiment from Fort Hood, Texas.
On May 3, 2007 Sergeant Regalado married Sharri J. Ford, and on
August 6, 2008, they were blessed with the birth of their daughter,
Jaime. Sergeant Regalado was allowed to return to the United States for
18 days to meet his daughter; it would be the first and last time he
would spend time with her. Sergeant Regalado lost his life on November
12, 2008, in Mosul, Iraq, as the result of injuries sustained from
small arms fire.
As a young man, Sergeant Regalado enriched the lives of his
surrounding El Sereno community. His JROTC instructors recall his
competitive spirit and noted that while he was very demanding of his
cadets, he was well liked and respected. He was a devoted father, even
carrying the ultrasound of his unborn daughter in his pocket while in
Iraq. He was a loving husband and the proud son of Jose and Raquel
Regalado.
Sergeant Regalado served this country with courage, pride and
loyalty. He gave the ultimate sacrifice to our country and for that we
will be forever grateful to him and his family. My prayers and deepest
sympathy go out to his wife and young daughter, family and friends.

____________________

IN RECOGNITION OF MADISON FORTENBERRY

______

HON. JEFF MILLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. MILLER. Madam Speaker, I rise today to recognize Madison
Fortenberry, whose incredible contributions to the field of robotics at
the age of 16 serve as an example to young Americans throughout the
United States.
Mr. Fortenberry, a junior at Pace High School in Pace, Florida, has
been pursuing his interests in science and technology from an early
age. He utilizes multiple computer programming languages and works with
a variety

[[Page 24269]]

of micro-controllers in the creation of his robotics systems. While
maintaining a perfect 4.0 grade point average, Madison finds time to
teach both basic electronics and micro-controller programming to his
high school Robotics Club and to conduct his own robotics summer camp
for elementary school children.
Madison has spent years studying and creating robotic systems, but
his recent achievement deserves special recognition. Recently, he built
a full-size, operational robot that can perform multiple autonomous
tasks around Pace High School. The ``Versatile General-Purpose
Experimental Robot,'' or VGER, has the ability to accept a message from
the school's front office, ascertain a student's scheduled location,
deliver the message, and record a response for delivery back to the
front office. This self-navigating robot is 5 feet tall, weighs over
200 pounds, contains 2 full computers and 11 micro-controllers, and
even carries another small explorer robot that it can release to
perform minor tasks. Robots like the VGER are usually developed in the
advanced engineering labs of major universities; however, Mr.
Fortenberry has created his robot with little assistance from his
teachers. To have accomplished this enormous feat at such a young age
is a testament to Madison's dedication and passion in the robotics
field.
Madam Speaker, on behalf of the United States Congress, I am proud to
honor Madison Fortenberry for his accomplishments in robotics, and I
wish this young northwest Florida leader the best of luck on his future
endeavours.

____________________

REMEMBERING THE LIFE OF TERRI BARTLETT AND HER CONTRIBUTIONS TO WOMEN'S
REPRODUCTIVE HEALTHCARE IN THE U.S. AND AROUND THE WORLD

______

HON. BETTY McCOLLUM

of minnesota

in the house of representatives

Wednesday, November 19, 2008

Ms. McCOLLUM of Minnesota. Madam Speaker, throughout my public career
I have been a vocal and determined supporter of women's reproductive
healthcare, safe motherhood and the belief that all couples have a
right to plan their family size by ensuring that women have access to
voluntary family planning services. I want women in the U.S. and in
every corner of the world to be healthy. Achieving this goal takes hard
work and the commitment of people with passion, intellect and a drive
to ensure that women have the right to make choices about their own
healthcare needs.
In Congress, I have the privilege of voting to support women's
reproductive healthcare, but there are many other important people who
do the hard work everyday that makes the real differences in women's
lives. I had the honor of working with one such person who dedicated
her life to serving the health needs of women and their families.
Terri Bartlett was a champion for women and their families. She
dedicated three decades of her life to ensuring the most basic right
women so often are denied--the right to access safe reproductive
healthcare.
I got to know Terri in 2005 in her capacity as Vice President for
Public Policy and Strategic Initiatives at Population Action
International. Her mantra was expanding access to contraception for the
poorest women on the planet to keep them productive, healthy and alive.
Terri impressed me with her energy, good political sense, and tireless
commitment.
When Terri and I met it was not a good time in Congress to be
advocating for women's reproductive rights. Women healthcare was on the
defensive and the world's poorest women who needed U.S. support the
most were increasingly being ignored. Their pain, their hopes and their
desire for healthier children and control of their own lives was never
ignored by Terri. She was their champion. She was often their voice in
the halls of Congress.
As we look ahead, with the election of President-Elect Barack Obama
and strong Democratic majorities in the U.S. House and Senate, the
issues of women's reproductive healthcare and family planning will once
again be the focus of constructive action and hopefully increased
funding that will put the needs of women first--women in the U.S., as
well as women in poor villages in Ethiopia and in the slums of Nairobi.
This was the moment and the goal that Terri Bartlett worked so hard to
achieve. The repeal of the Global Gag Rule, reinvestment in family
planning, and making the lives of poor women a priority were Terri's
fights and she fought tirelessly.
On Saturday, November 8, 2008, Terri Bartlett died unexpectedly in
Nashville, TN. Her passing was a great shock and loss to friends,
colleagues and those who loved her. This was a sad loss for me
personally.
In my work I get to meet many, many people who try and influence
public policy. Terri Bartlett's work and life went beyond shaping
public policy. She helped to improve life for millions of women who
never knew her. I am grateful for Terri's work and I am thankful she
entered my life. She will be missed by many, including me.

____________________

WORLD REMEMBRANCE FOR ROAD CRASH VICTIMS AND THEIR FAMILIES

______

HON. ROBERT WEXLER

of florida

in the house of representatives

Wednesday, November 19, 2008

Mr. WEXLER. Madam Speaker, I rise today in observance of the World
Day of Remembrance for Road Crash Victims and their Families, which was
on Sunday, November 16, 2008, and to remember the countless victims of
road crashes worldwide and offer my sincerest condolences to their
families. Each year, road traffic crashes kill nearly 1.3 million
people worldwide and injure over 50 million more. It is time for
drastic measures to be taken to counter this unacceptable statistic,
and until we take such action, the number of deaths and disabilities
from road traffic crashes will continue to increase. At the current
rate of growth, road traffic accidents will be the eighth leading cause
of death by the year 2030.
The unfortunate reality of traffic accidents is that they are
indiscriminate and affect victims regardless of age and class.
Globally, more than 40% of all road traffic deaths occur among
individuals under 25 years old, and crashes are the second leading
cause of death for young people aged 5-25 years. Road crashes also come
at a great cost to the global economy. It is estimated that road
traffic crashes cost $518 billion globally each year. In developing
countries, road traffic crashes have a dramatic impact on their fragile
economies, costing an estimated $100 billion, often exceeding the total
amount received by these countries in development assistance.
The real tragedy is that road traffic crashes are predictable and can
be prevented. It is critical that America play an active role
domestically and internationally to address traffic accidents. Many
countries have achieved sharp reductions in the number of crashes and
the frequency and severity of traffic-related injuries by addressing
key issues, but this progress can be enhanced by encouraging
governments to create lead road safety agencies in the image of our
lead road safety agency, the National Highway Traffic Safety
Administration (NHTSA). Additionally, the Congressional Caucus on
Global Road Safety, which I am privileged to co-chair with Congressman
Chris Van Hollen of Maryland, is involved in efforts to encourage
governments to improve reporting standards for deaths of their citizens
abroad from road crashes so that more light can be shed light on the
impact of this global epidemic.
As more Americans travel globally and more of our college students
participate in study abroad programs in developing countries around the
world, many of them will be at risk of injury or death due to hazardous
traffic conditions. Now is the time to do whatever is possible to keep
them safe, and it is essential as the international community stands
together in remembrance of global road traffic victims that the United
States join the United Nations, NGOs, and foreign governments in
commemorating this important day and work swiftly to implement policies
that will prevent further accidents and the needless loss of life.

____________________

A TRIBUTE TO DR. OVIDIO JOSEPH FALCONE

______

HON. EDOLPHUS TOWNS

of new york

in the house of representatives

Wednesday, November 19, 2008

Mr. TOWNS. Madam Speaker, I rise today to pay tribute and to honor
Dr. Ovidio Joseph Falcone. Dr. Falcone, born in Salerno, Italy and
raised in Yonkers, New York, displayed a passion for science, math, and
sports from an early age, attending Manhattan College and obtaining his
BS degree in Biology.
Dr. Falcone began his medical career in 1982, when he entered the New
York College of Podiatric Medicine, obtaining his D.P.M. and beginning
his residency at the Interfaith Medical Center in 1986, serving as its
Chief Resident from 1987 to 1988 and later as its On-Site Director.
Dr. Falcone later became the Director of the Podiatric Surgical
Division in 1998, developing

[[Page 24270]]

one of the strongest Podiatric Surgical Residency Programs in the
country as well as a dedicated, vibrant Podiatric Surgical Service at
IMC.
Dr. Falcone is a member of the American Board of Podiatric Surgery, a
Fellow of the American College of Foot and Ankle Surgeons, and is a
member of the Council on Podiatric Medical Education. In addition to
these responsibilities at Interfaith Medical Center, Dr. Falcone has
private practices in Queens and Brooklyn.
Dr. Falcone has a deep love for teaching the art of surgery, a strong
commitment to family, and a passion for patient care. He is committed
to serving the underprivileged and he believes that there is a sense of
fulfillment in knowing you participated in helping those that are in
need.
Madam Speaker, I would like to recognize Dr. Ovidio Joseph Falcone
for his extraordinary accomplishments at the Interfaith Medical Center.
Madam Speaker, I urge my colleagues to join me in paying tribute to
Dr. Ovidio Joseph Falcone.

____________________

HONORING STEPHEN BAKER

______

HON. JIM COSTA

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. COSTA. Madam Speaker, I rise today along with Congressman
Radanovich to congratulate Stephen Baker upon his induction into the
Fresno Athletic Hall of Fame. Mr. Baker will be honored at the 50th
anniversary enshrinement dinner of the Fresno Athletic Hall of Fame on
Thursday, November 6, 2008.
A sportswriter once said that Stephen Baker, at 5-foot-8, 160 pounds,
was built more for gymnastics than for football. But with his lightning
quickness, sure hands and gritty toughness, the wide receiver earned
one of the game's enduring nicknames--``the touchdown maker.'' He was
given the catchy moniker at West Los Angeles College, where he scored
31 touchdowns in two seasons, before starring at California State
University Fresno for two seasons and playing six seasons with the New
York Giants (1987-1992). With the Bulldogs, he was a frequent target of
NCAA record-setting quarterback Kevin Sweeney, burning opponents for
sixty-two receptions, an amazing 26.3 yards per catch and sixteen
touchdowns over two seasons. He closed his collegiate career by
catching a thirty-six yard scoring pass that gave the West All-Stars a
victory in the Japan Bowl.
Drafted in the third round by the New York Giants, Mr. Baker earned
the respect of Coach Bill Parcels with his ability to elude defenders
and hang onto the ball. Over the course of his NFL career, he lost just
one fumble. He started fifty-three games for the Giants and finished
his career with one hundred and forty-one receptions, an 18.3 yards-
per-catch average and twenty-one touchdowns. His best season was 1988,
when he hauled in forty passes and scored seven times. The highlight of
Baker's NFL career came in Superbowl XXV, as the Giants defeated the
Buffalo Bills 20-19. He caught two passes--one of them a fourteen yard
touchdown pass from Jeff Hostetler with just twenty-five seconds left
in the first half to cut the Giants' deficit to 12-10.
Madam Speaker, we rise today to commend and congratulate Stephen
Baker upon his achievements and induction into the Fresno Athletic Hall
of Fame. I invite my colleagues to join me in wishing Mr. Baker
congratulations on his many accomplishments.

____________________

COMMEMORATING THE 100TH ANNIVERSARY OF THE MENDOCINO STUDY CLUB

______

HON. MIKE THOMPSON

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. THOMPSON of California. Madam Speaker, I rise today to recognize
the Mendocino Study Club for outstanding and distinguished service to
citizens of the village and north coast of Mendocino, California, on
the occasion of its centennial anniversary.
Since its founding by seven women on October 30, 1908, when Mendocino
was still recovering from the California earthquake and fires of 1906,
the Mendocino Study Club has been an intelligent and considerate force
adapting to and addressing the issues of the times. The original
members traveled by horse and buggy for the first decade in order to
get together on the isolated and rugged Mendocino Coast.
In the early years Study Club members met to discuss reading
assignments and international cultural and historical topics. It wasn't
two years before they were also a contributing force to worthy causes.
For many years the MSC was in charge of the local American Red Cross
Drive. Active during the First World War, they gave to war related
causes, and during the Depression focused on local needs. Health and
dental care, education and safety became the stalwart causes for which
the MSC has been particularly philanthropic.
In 1943, the MSC began its scholarship program with $100 to study
nursing. Since then, members have granted more than $178,400 to high
school graduates, as well as to recipients for reentry and job upgrade
pursuits, and to economic enterprises. Their Country Christmas bazaar
of handcrafted items supports the club programs including scholarships,
and humanitarian and civic projects. The Mendocino Community Library is
the longest running legacy, initiated by the Study Club in 1947 and
incorporated in 1979. In 1988 the Mendocino Community Library moved
into its own building which continues to be staffed and supported by
the MSC.
Throughout the decades the MSC has been active in improving the
quality of life for local residents through their support of such vital
entities as the Mendocino Coast District Hospital, Mendocino Historical
Research, Inc., Sherwood Oaks nursing home, Meals on Wheels,
Hospitality House, a new firehouse, soup kitchens, the Senior Lunch
Program and the Food Bank, to name a few. In addition to financial and
volunteer support MSC has advocated on issues on behalf of school
lunches to Congress, for highway safety to the state of California, and
rural community libraries to the County of Mendocino.
Their 2008 centennial activities have included heritage rose
plantings, a centennial quilt, and, in honor of the history of the
unique village of Mendocino, the creation of walking tour brochures as
a birthday gift to community.
Madam Speaker and colleagues, please join me in honoring the
Mendocino Study Club for 100 years of good deeds on the Mendocino
coast. This exemplary organization lives up to its purpose to promote
the highest spiritual, intellectual and cultural opportunities for its
members, to provide for leadership of women in the community, and to
provide service to the community. It is with pleasure that I have the
honor to commend the good work and future of the Mendocino Study Club.

____________________

TRIBUTE TO MICHAEL TOBIN

______

HON. JOE COURTNEY

of connecticut

in the house of representatives

Wednesday, November 19, 2008

Mr. COURTNEY. Madam Speaker, Michael Tobin was an exceptional
academic leader, a devoted and loving family man, and friend to many.
While his passing brings great sadness, the memories of this
extraordinary man bring solace to our community.
Early in life, Michael attended the University of Connecticut, where
he was an active participant in ROTC. Following graduation, he entered
the Air Force and served as a Second Lieutenant. He subsequently earned
his PhD from the West Michigan University and would go on to teach at
Southern Connecticut State University.
Between 1976 and 1992, Michael was a professor at Southern
Connecticut State University. During his tenure, he taught educational
leadership to students from our community and communities across the
Nation and abroad. His professional work inspired countless students
and instilled the qualities that we need in our future educational
leaders.
Beyond these professional achievements, Michael was a devoted and
loving family man. In his passing, the love shared by his extensive
family reflects the strong bond that he shared with each.
Throughout these journeys, Michael called Vernon, Connecticut his
home since 1963. He was an excellent neighbor and even better friend
and his presence will certainly be missed. Madam Speaker, I ask my
colleagues to join me and my constituents in honoring his life and
offering condolences to his family.

____________________

HONORING JERRY PRIETO, JR.

______

HON. GEORGE RADANOVICH

of california

in the house of representatives

Wednesday, November 19, 2008

Mr. RADANOVICH. Madam Speaker, I rise today to honor Jerry Prieto,
Jr. upon being honored with the 2008 Greater Fresno Area Chamber
Agriculturist of the Year. Mr. Prieto

[[Page 24271]]

was honored at a luncheon November 5, 2008, held at the Radisson
Conference Center in Fresno, CA.
Jerry Prieto, Jr. is a native of Corcoran, CA. He is the son of a
former migrant farm worker and was raised in a small town with a small
family. Mr. Prieto attended California State University, Fresno and
obtained his bachelor's of science degree in Plant Science. In 1973, he
began working for the Fresno County Department of Agriculture as a
Seasonal Agricultural Aide assigned to track the removal and planting
of permanent crops. He quickly became a Seasonal Agricultural Inspector
assigned to the inspection of cantaloupes and grapes. In 1974, he
worked on the Citrus White Fly eradication project and on June 28th was
hired as a full-time Agricultural Inspector assigned to the Fresno
District performing plant quarantine and pest detection inspections. He
also performed inspections on pesticide use, farm worker safety, seeds,
and nurseries. In 1977, he was transferred to the egg inspection
division where he performed egg quality inspections.
Mr. Prieto was appointed as the Supervising Agricultural Biologist in
charge of the egg inspection program in 1979. Within a year he was
promoted to the position of Deputy Agricultural Commissioner in charge
of the Grower and Consumer Protection Division responsible for the
enforcement of laws and regulations pertaining to fruit, vegetable, and
egg quality. In this position he was also responsible for gathering
crop statistics and producing the Annual Crop and Livestock Report. By
1984, Mr. Prieto had transferred to Deputy Agricultural Commissioner of
the Environmental Protection Division, where he enforced the laws and
regulations pertaining to pesticide use, farm worker safety, and the
coordination of the installation and implementation of the Fresno
County Department of Agriculture's first computerized restricted use
pesticide permit.
In 1989, Mr. Prieto left the Fresno County Department of Agriculture
and took a position as a Senior Personnel Analyst with the Human
Resources Division of the Fresno County Personnel Department. He
supervised the county's labor relations, recruitment and exam programs.
In 1993, he was appointed Fresno County Resource Manager. He was
responsible for solid waste issues throughout the county and operated
the American Avenue Regional Landfill, the Southeast Regional Landfill
and the Coalinga Landfill. He was also responsible for providing road
maintenance, street lighting, garbage collection, parks, and sewer and
water services to 90 special districts.
Mr. Prieto was appointed to the position of Fresno County
Agricultural Commissioner/Sealer of Weight and Measures exactly 25
years after he began working for the department. He was responsible for
promoting and regulating the Nation's highest agriculture producing
area. Mr. Prieto was appointed Chairman of Secretary Kawamura's AB 771
Honeybee/Seedless Mandarin Co-Existence Working Group. Mr. Prieto also
served as a member of Governor Gray Davis' State Committee on Terrorism
and the Western Weights and Measures Association Board of Directors. He
served as the first Chairman of the California Agriculture
Commissioners and Sealers Association's Food Safety and Agriculture
Security Committee. He served as Chairman of the Fresno County
Department Heads Council for 4 years. He is a member of the California
State University, Fresno Agricultural Plant Science Advisory Committee
and the Fresno County Farm Bureau. He is the Chairman of the Fresno
County Council of Governments Model Farmland Preservation Committee and
the Fresno County Land Conservation Committee. He is a past president
of the California Agricultural Commissioners and Sealers Association.
Mr. Prieto served as a judge for the Future Farmers of America
California State Final competition for 23 years. For all of his service
he has been honored with the ``Distinguished Service Award'' from the
Fresno County Farm Bureau, and the ``Service Award'' from the Fresno-
Kings Counties Cattleman's Association.
Madam Speaker, I rise today to commend and congratulate Jerry Prieto
upon being awarded as the 2008 Greater Fresno Area Chamber
Agriculturist of the Year. I invite my colleagues to join me in wishing
Mr. Prieto many years of continued success.

____________________

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 Thursday, November 20, 2008 may be found in
the Daily Digest of today's Record.