November 20, 2008 CONGRESSIONAL RECORD — SENATE S10771 

(2) information, in both English and Spanish, and accessible to persons with disabilities, concerning— 

(A) the digital television transition, including the fact that a transition has taken 

place and that additional action is required 

to continue receiving television service, including emergency notifications; and 

(B) the steps required to enable viewers to 

receive such emergency information via the 

digital television service and to convert to 

receiving digital television service, including 

a phone number and Internet address by 

which help with such transition may be obtained in both English and Spanish; and 

(3) such other information related to consumer education about the digital television 

transition or public health and safety or 

emergencies as the Commission may find to 

be consistent with the public interest. 

SEC. 3. LIMITATIONS. 

In designing the program required by this 

Act, the Commission shall— 

(1) take into account market-by-market 

needs, based upon factors such as channel 

and transmitter availability; 

(2) ensure that broadcasting of the program specified in section 2(b) will not cause 

harmful interference with signals in the digital television service; 

(3) not require the analog television service signals broadcast under this Act to be retransmitted or otherwise carried pursuant to 

section 325(b), 338, 339, 340, 614, or 615 of the 

Communications Act of 1934 (47 U.S.C. 325(b), 

338, 339, 340, 614, or 615); 

(4) take into consideration broadcasters’ 

digital power levels and transition and coordination plans that already have been 

adopted with respect to cable systems and 

satellite carriers’ systems; 

(5) prohibit any broadcast of analog television service signals under section 2(b) on 

any spectrum that is approved or pending approval by the Commission to be used for public safety radio services, including television 

channels 14-20; and 

(6) not include the analog spectrum between channels 52 and 69, inclusive (between 

frequencies 698 and 806 megahertz, inclusive) 

reclaimed from analog television broadcasting pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). 

SEC. 4. DEFINITIONS. 

As used in this Act, the term ‘‘emergency 

information’’ has the meaning such term has 

under part 79 of the regulations of the Federal Communications Commission (47 C.F.R. 

part 79). 

The bill (S. 3663), as amended, was ordered to be engrossed for a third reading, was read the third time, and 

passed. 

f 

AUTHORIZING THE USE OF 

EMANCIPATION HALL 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Senate 

proceed to the immediate consideration of H. Con. Res. 435 received from 

the House. 

The PRESIDING OFFICER. The 

clerk will report the concurrent resolution by title. 

The legislative clerk read as follows: 

A concurrent resolution (H. Con. Res. 435) 

authorizing the use of Emancipation Hall on 

December 2, 2008, for ceremonies and activities held in connection with the opening of 

the Capitol Visitor Center to the public. 

There being no objection, the Senate 

proceeded to consider the concurrent 

resolution. 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the concurrent resolution be agreed to, the motions to reconsider be laid upon the 

table, and that any statements related 

to the concurrent resolution be printed 

in the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The concurrent resolution (H. Con. 

Res. 435) was agreed to. 

f 

THE ADOPTION OF BLUEFIN TUNA 

CONSERVATION AND MANAGEMENT MEASURES 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Commerce 

Committee be discharged from further 

consideration of S. Res. 709 and the 

Senate proceed to its immediate consideration. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The legislative clerk read as follows: 

A resolution (S. Res. 709) expressing the 

sense of the Senate that the United States 

should pursue the adoption of bluefin tuna 

conservation and management measures at 

the 16th Special Meeting of the International 

Commission on the Conservation of Atlantic 

Tunas. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the resolution 

be agreed to, the preamble be agreed 

to, the motions to reconsider be laid 

upon the table with no intervening action or debate, and any statements related to the resolution be printed in 

the RECORD. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 709) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 709 

Whereas Atlantic bluefin tuna fishery is 

valuable commercially and recreationally in 

the United States and many other countries; 

Whereas the International Convention for 

the Conservation of Atlantic Tunas entered 

into force on March 21, 1969; 

Whereas the Convention established the 

International Commission for the Conservation of Atlantic Tunas to coordinate international research and develop, implement, 

and enforce compliance of the conservation 

and management recommendations on the 

Atlantic bluefin tuna and other highly migratory species in the Atlantic Ocean and 

the adjacent seas, including the Mediterranean Sea; 

Whereas in 1974, the Commission adopted 

its first conservation and management recommendation to ensure the sustainability of 

Atlantic bluefin tuna throughout the Atlantic Ocean and Mediterranean Sea, while allowing for the maximum sustainable catch 

for food and other purposes; 

Whereas in 1981, for management purposes, 

the Commission adopted a working hypothesis of 2 Atlantic bluefin tuna stocks, with 1 

occurring west of 45 degrees west longitude 

(hereinafter referred to as the ‘‘western Atlantic stock’’) and the other occurring east 

of 45 degrees west longitude (hereinafter referred to as the ‘‘eastern Atlantic and Mediterranean stock’’); 

Whereas, despite scientific recommendations intended to maintain bluefin tuna populations at levels that will permit the maximum sustainable yield and ensure the future of the stocks, the total allowable catch 

quotas have been consistently set at levels 

significantly higher than the recommended 

levels for the eastern Atlantic and Mediterranean stock; 

Whereas despite the establishment by the 

Commission of fishing quotas based on total 

allowable catch levels for the eastern Atlantic and Mediterranean bluefin tuna fishery 

that exceed scientific recommendations, 

compliance with such quotas by parties to 

the Convention that harvest that stock has 

been extremely poor, most recently with 

harvests exceeding such total allowable 

catch levels by more than 50 percent for each 

of the last 4 years; 

Whereas insufficient data reporting in 

combination with unreliable national catch 

statistics has frequently undermined efforts 

by the Commission to assign quota overharvests to specific countries; 

Whereas the failure of many Commission 

members fishing east of 45 degrees west longitude to comply with other Commission recommendations to conserve and control the 

overfished eastern Atlantic and Mediterranean bluefin tuna stock has been an ongoing 

problem; 

Whereas the Commission’s Standing Committee on Research and Statistics noted in 

its 2006 report that the fishing mortality rate 

for the eastern Atlantic and Mediterranean 

stock may be more than 3 times the level 

that would permit the stock to stabilize at 

the maximum sustainable catch level, and 

continuing to fish at the level of recent 

years ‘‘is expected to drive the spawning biomass to a very low level’’ giving ‘‘rise to a 

high risk of fishery and stock collapse’’; 

Whereas the Standing Committee’s 2008 report recommended that the annual harvest 

levels for eastern Atlantic and Mediterranean bluefin tuna be reduced from 32,000 

metric tons to 15,000 metric tons or less to 

halt decline of the resource and initiate rebuilding; 

Whereas the Standing Committee has stated that time and area closures could greatly 

facilitate the implementation and monitoring of rebuilding strategies and recommended a closure of the Mediterranean 

Sea in May, June, and July, as well as a minimum size limit of 25 kilograms; 

Whereas in 2006, the Commission adopted 

the ‘‘Recommendation by ICCAT to Establish a Multi-Annual Recovery Plan for 

Bluefin Tuna in the eastern Atlantic and 

Mediterranean’’ containing a wide range of 

management, monitoring, and control measures designed to facilitate the recovery of 

the eastern Atlantic and Mediterranean 

bluefin tuna stock; 

Whereas the Recovery Plan is inadequate 

and allows overfishing and stock decline to 

continue, and initial information indicates 

that implementation of the plan in 2007 by 

many eastern Atlantic and Mediterranean 

bluefin tuna harvesting countries has been 

poor; 

Whereas since 1981, the Commission has 

adopted additional and more restrictive conservation and management recommendations for the western Atlantic bluefin tuna 

stock, and these recommendations have been 

implemented by Nations fishing west of 45 

degrees west longitude, including the United 

States; 

Whereas despite adopting, fully implementing, and complying with a science-based 

rebuilding program for the western Atlantic 

bluefin tuna stock by countries fishing west 


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S10772 CONGRESSIONAL RECORD — SENATE November 20, 2008 

of 45 degrees west longitude, catches and 

catch rates remain very low; 

Whereas many scientists believe that mixing occurs between the western Atlantic 

bluefin tuna stock and the eastern Atlantic 

and Mediterranean stock, and as such, poor 

management and noncompliance with recommendations for one stock are likely to 

have an adverse effect on the other stock; 

and 

Whereas additional research on stock mixing will improve the understanding of the relationship between eastern and western 

bluefin tuna stocks and other fisheries, 

which will assist in the conservation, recovery, and management of the species throughout its range: Now, therefore, be it 

Resolved, That it is the sense of the Senate 

that the United States delegation to the 16th 

Special Meeting of the International Commission for the Conservation of Atlantic 

Tunas, should— 

(1) pursue a meaningful assessment of 

Commission member compliance with the 

‘‘Recommendation by ICCAT to Establish a 

Multi-Annual Recovery Plan for Bluefin 

Tuna in the eastern Atlantic and Mediterranean’’ (Recommendation 06–05), including 

seeking detailed explanations from Commission members that have failed to effectively 

implement the terms of the recommendation; 

(2) pursue the adoption by the Commission 

of measures designed to eliminate non-compliance, including, as appropriate, deducting 

a portion of a future quota for a party to 

compensate for such party exceeding its 

quota in prior years, and where appropriate, 

steps should be taken to link non-compliance with reductions in fishery or market 

access; 

(3) seek a temporary suspension of the 

eastern Atlantic and Mediterranean bluefin 

tuna fishery, including all trade, if significant progress toward establishing sciencebased management measures, improving 

monitoring and control measures, and addressing compliance issues is not made at 

the Commission this year; 

(4) seek to strengthen the conservation and 

management of the eastern Atlantic and 

Mediterranean bluefin tuna by making recommendations to halt the decline of the 

stock and begin to rebuild it, including reducing annual harvest levels so that they do 

not exceed recommendations of the Standing 

Committee and expanding the time and area 

closure for the Mediterranean purse seine 

fleet to include May, June, and July; and 

(5) pursue additional research on the relationship between the western Atlantic and 

eastern Atlantic and Mediterranean bluefin 

tuna stocks and the extent to which the populations intermingle. 

f 

CONDEMNING STONING IN 

SOMALIA 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Senate 

proceed to the consideration of S. Res. 

711, which was submitted earlier today. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The legislative clerk read as follows: 

A resolution (S. Res. 711) condemning the 

tragic and senseless death by stoning of a 13- 

year-old girl from Somalia. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the resolution 

be agreed to, the preamble be agreed 

to, and the motions to reconsider be 

laid upon the table. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

The resolution (S. Res. 711) was 

agreed to. 

The preamble was agreed to. 

The resolution, with its preamble, 

reads as follows: 

S. RES. 711 

Whereas a child from Somalia, identified 

as Aisha Ibrahim Duhulow, was raped by 3 

men, and when her family reported the rape 

to authorities of the al-Shabaab militia that 

control the city of Kismayu, Somalia, she 

was accused of adultery and ordered to be 

stoned; 

Whereas, in October 2008, Aisha Ibrahim 

Duhulow was stoned to death by 50 militant 

men before 1,000 witnesses in a public stadium; 

Whereas al-Shabaab, some of whose members are affiliated with al Qaeda, is a violent 

and brutal extremist group that has used intimidation and committed human rights violations to undermine the Transitional Federal Government of Somalia and threaten activists in civil society working to bring 

about peace through political dialogue and 

reconciliation; 

Whereas, on February 29, 2008, Secretary of 

State Condoleezza Rice designated alShabaab as a foreign terrorist organization 

pursuant to section 219 of the Immigration 

and Nationality Act (8 U.S.C. 1189) and 

placed the organization on the list of specially designated global terrorists established under the International Emergency 

Economic Powers Act and initiated under 

Executive Order 13224; 

Whereas the 2007 Country Report on 

Human Rights Practices in Somalia, released on March 11, 2007, by the Department 

of State, cited the ‘‘poor human rights situation’’ in Somalia, including ‘‘unlawful and 

politically motivated killings, official impunity, and discrimination and violence 

against women’’; 

Whereas stoning is a grave and serious violation of human rights law, in which the victim is killed in an especially brutal way; 

Whereas stoning is practiced particularly 

on girls and women accused of adultery; 

Whereas the United States Commission on 

International Religious Freedom has condemned the death of Aisha Ibrahim Duhulow 

and called on the United States Government 

to join other states in speaking out decisively in international fora against such 

grave human rights abuses; and 

Whereas the United States Government 

continues to support the efforts of those 

working to transform the troubled region of 

Somalia through commitment to sound 

human rights practices, democratic and representative government, economic recovery, 

and lasting peace and reconciliation: Now, 

therefore, be it 

Resolved, That the Senate— 

(1) condemns the tragic and senseless death 

by stoning of Aisha Ibrahim Duhulow; 

(2) urges the international community to 

join the Senate in speaking out against this 

brutal act; and 

(3) urges the Transitional Federal Government of Somalia— 

(A) to undertake robust efforts to protect 

women and children and to prevent acts of 

institutionalized violence against women in 

Somalia; 

(B) to work to strengthen the rule of law as 

part of the effort by the Transitional Federal 

Government of Somalia to establish its authority; 

(C) to promote equal and fair treatment of 

women; and 

(D) to end the culture of impunity in Somalia. 

CONGRATULATING THE PHILADELPHIA PHILLIES ON WINNING THE 

2008 WORLD SERIES 

Mr. DORGAN. Mr. President, I ask 

unanimous consent that the Senate 

proceed to the consideration of S. Res. 

712, which was submitted earlier today. 

The PRESIDING OFFICER. The 

clerk will report the resolution by 

title. 

The legislative clerk read as follows: 

A resolution (S. Res. 712) congratulating 

the Philadelphia Phillies on winning the 2008 

World Series. 

There being no objection, the Senate 

proceeded to consider the resolution. 

Mr. SPECTER. Mr. President, I have 

sought recognition to submit a resolution congratulating the Philadelphia 

Phillies on winning the 2008 World Series. On October 29, 2008, the Phillies 

defeated the Tampa Bay Rays 4 to 3 in 

Game 5 to secure a World Series title 

for the first time since 1980 and second 

time in team history. 

This historic victory was the culmination of a hard-fought 2008 regular 

season and an exhilarating postseason 

run for the Phillies. On September 27, 

the Phillies beat the Washington Nationals to clinch the National League 

East Division for the second consecutive year. They would go on to defeat 

the Milwaukee Brewers and Los Angeles Dodgers in the Division Series and 

National League Championship Series, 

respectively, to advance to their first 

World Series since 1993. 

In the World Series, the Phillies 

faced a young and talented Tampa Bay 

Rays team, led by Manager, and Pennsylvania native, Joe Maddon. With 

strong performances from their starting pitchers, an outstanding bullpen 

and well-timed hitting, the Phillies 

beat the Rays in five games to clinch 

the title. 

On behalf of the Senate and as an ardent Phillies fan myself, I congratulate 

the Philadelphia Phillies on winning 

the 2008 World Series and bringing to 

my hometown of Philadelphia a major 

sports championship for the first time 

in 25 years. In particular, I offer my 

heartfelt congratulations to manager 

Charlie Manuel, who, since taking the 

helm as manager in 2005, has guided 

this young Phillies team to become the 

best in Major League Baseball. Further 

due special recognition is 24-year-old 

pitcher Cole Hamels, who was named 

the Most Valuable Player for both the 

National League Championship Series 

and World Series with a 4–0 record and 

1.80 earned run average in the 

postseason. 

Also deserving of much praise are the 

2008 American League Championship 

Rays. Though they had endured 10 consecutive losing seasons and the worst 

record in baseball last season, the Rays 

won their division and the 2008 American League Championship Series. The 

Rays have a bright future and I wish 

them continued success. 

Finally, and perhaps more importantly, I congratulate all Phillies fans, 

who could finally enjoy that parade 


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