S10650 CONGRESSIONAL RECORD — SENATE November 19, 2008 

Internal Revenue Service, Department of the 

Treasury, transmitting, pursuant to law, the 

report of a rule entitled ‘‘2008 Base Period TBill 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. 

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. 

f 

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 mediumrange 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, seabased, 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 


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November 19, 2008 CONGRESSIONAL RECORD — SENATE S10651 

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 lowincome 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 

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 moderateincome 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 soldout 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 


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S10652 CONGRESSIONAL RECORD — SENATE November 19, 2008 

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 

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-tocost 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 


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November 19, 2008 CONGRESSIONAL RECORD — SENATE S10653 

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, demandside 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 

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 ‘‘MidAtlantic 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 MidAtlantic 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 


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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 MidAtlantic 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 

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 


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November 19, 2008 CONGRESSIONAL RECORD — SENATE S10655 

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 

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 


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S10656 CONGRESSIONAL RECORD — SENATE November 19, 2008 

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 

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, longterm 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. 


rfrederick on PROD1PC67 with SENATE
November 19, 2008 CONGRESSIONAL RECORD — SENATE S10657 

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 

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-toschool 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-toschool initiatives. Federal support can make 

the difference between a successful farm-toschool 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. 


rfrederick on PROD1PC67 with SENATE
S10658 CONGRESSIONAL RECORD — SENATE November 19, 2008 

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 

‘‘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 longterm 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 


rfrederick on PROD1PC67 with SENATE
November 19, 2008 CONGRESSIONAL RECORD — SENATE S10659 

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 

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. 

f 

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. 

f 

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. 

f 

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 

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 


rfrederick on PROD1PC67 with SENATE