November 19, 2008 CONGRESSIONAL RECORD — SENATE S10675 

White House employees from appearing, testifying and producing documents related to 

this investigation and directed Mr. Bolten, 

along with other current and former White 

House employees, to comply immediately 

with the Committee’s subpoenas by producing documents and testifying; 

Whereas, Mr. Bolten has not complied with 

the Committee’s subpoenas or made any 

offer to cure his previous noncompliance; 

Whereas, the Committee’s investigation is 

pursuant to the constitutional legislative, 

oversight and investigative powers of Congress and the responsibilities of this Committee to the Senate and the American people; including the power to: (1) investigate 

the administration of existing laws, and obtain executive branch information in order 

to consider new legislation, within the Committee’s jurisdiction, including legislation 

related to the appointment of U.S. Attorneys; (2) expose any corruption, inefficiency, 

and waste within the executive branch; (3) 

protect the Committee’s role in evaluating 

nominations pursuant to the Senate’s constitutional responsibility to provide advice 

and consent; and (4) examine whether inaccurate, incomplete, or misleading testimony 

or other information was provided to the 

Committee: Therefore be it 

Resolved, That the President of the Senate 

certify the facts in connection with the failure of Joshua Bolten, as the Custodian of 

Records at the White House, though duly 

summoned, to appear and to produce documents lawfully subpoenaed to be produced 

before the Committee, under the seal of the 

United States Senate, to the United States 

Attorney for the District of Columbia, to the 

end that Joshua Bolten may be proceeded 

against in the manner and form provided by 

law. 

f 

SENATE RESOLUTION 708—AUTHORIZING THE PRESIDENT OF 

THE SENATE TO CERTIFY THE 

FACTS OF THE FAILURE OF 

KARL ROVE TO APPEAR AND 

TESTIFY BEFORE THE COMMITTEE ON THE JUDICIARY AND 

TO PRODUCE DOCUMENTS AS REQUIRED BY COMMITTEE SUBPOENA 

Mr. LEAHY submitted the following 

resolution; from the Committee on the 

Judiciary; which was placed on the calendar: 

S. RES. 708 

Whereas, since the beginning of this Congress, the Senate Judiciary Committee has 

conducted an investigation into the removal 

of United States Attorneys; 

Whereas, the Committee’s requests for information related to its investigation, including documents and testimony from the 

White House and White House personnel, 

were denied; 

Whereas, the White House has not offered 

any accommodation or compromise to provide the requested information that is acceptable to the Committee; 

Whereas, on March 22, 2007, pursuant to its 

authority under Rule 26 of the Standing 

Rules of the Senate, the Senate Committee 

on the Judiciary authorized issuance to Karl 

Rove, Deputy Chief of Staff to the President, 

subpoenas in connection with the Committee’s investigation; 

Whereas, on June 28, 2007, in response to 

subpoenas for documents issued by the Senate and House Judiciary Committees, White 

House Counsel Fred Fielding conveyed the 

President’s claim of executive privilege over 

all information in the custody and control of 

the White House related to the Committee’s 

investigation; 

Whereas, on June 29, 2007, the Chairmen of 

the House and Senate Judiciary Committees 

provided the White House with an opportunity to substantiate its privilege claims by 

providing the Committees with the specific 

factual and legal bases for its privilege 

claims regarding each document withheld 

and a privilege log to demonstrate to the 

Committees which documents, and which 

parts of those documents, are covered by any 

privilege that is asserted to apply and why; 

Whereas, the White House declined this opportunity in a July 9, 2007, letter to the Committee Chairmen from Mr. Fielding, while 

reiterating the blanket privilege claims; 

Whereas, on July 26, 2007, the Chairman 

issued a subpoena authorized March 22 to Mr. 

Rove for documents and testimony related to 

the Committee’s investigation, with a return 

date of August 2; 

Whereas, the Chairman noticed an August 

2, 2007, Judiciary Committee hearing under 

its Rules at which Mr. Rove was subpoenaed 

to testify; 

Whereas, Mr. Fielding, in an August 1, 2007 

letter to the Chairman and Ranking Member, informed the Committee that the President would invoke a claim of executive privilege and a claim of immunity from congressional testimony for Mr. Rove, and directed 

Mr. Rove not to produce responsive documents or testify before the Committee about 

the firings, and that Mr. Rove would not appear in response to the Committee’s subpoena; 

Whereas, based on these claims of executive privilege and absolute immunity, Mr. 

Rove refused to appear or to produce documents or to testify at the Committee’s August 2, 2007, hearing in compliance with the 

subpoena; 

Whereas, on August 17, 2007, Mr. Fielding 

rejected the Chairman’s request for a meeting with the President to work out an accommodation for the information sought by 

the Committee; 

Whereas, on November 29, 2007, the Chairman ruled that the White House’s claims of 

executive privilege and immunity are not legally valid to excuse current and former 

White House employees from appearing, testifying and producing documents related to 

this investigation and directed Mr. Rove, 

along with other current and former White 

House employees, to comply immediately 

with the Committee’s subpoenas by producing documents and testifying; 

Whereas, Mr. Rove has not complied with 

the Committee’s subpoenas or made any 

offer to cure his previous noncompliance; 

Whereas, the Committee’s investigation is 

pursuant to the constitutional legislative, 

oversight and investigative powers of Congress and the responsibilities of this Committee to the Senate and the American people; including the power to: 1) investigate 

the administration of existing laws, and obtain executive branch information in order 

to consider new legislation, within the Committee’s jurisdiction, including legislation 

related to the appointment of U.S. Attorneys; 2) expose any corruption, inefficiency, 

and waste within the executive branch; 3) 

protect the Committee’s role in evaluating 

nominations pursuant to the Senate’s constitutional responsibility to provide advice 

and consent; and 4) examine whether inaccurate, incomplete, or misleading testimony 

or other information was provided to the 

Committee: Now, therefore, be it 

Resolved, That the President of the Senate 

certify the facts in connection with the failure of Karl Rove, though duly summoned, to 

appear and testify before the Judiciary Committee and to produce documents lawfully 

subpoenaed to be produced before the Committee, under the seal of the United States 

Senate, to the United States Attorney for 

the District of Columbia, to the end that 

Karl Rove may be proceeded against in the 

manner and form provided by law. 

f 

SENATE RESOLUTION 709—EXPRESSING THE SENSE OF THE 

SENATE THAT THE UNITED 

STATES SHOULD PURSUE THE 

ADOPTION OF BLUEFIN TUNA 

CONSERVATION AND MANAGEMENT MEASURES AT THE 16TH 

SPECIAL MEETING OF THE 

INTERNATIONAL COMMISSION ON 

THE CONSERVATION OF ATLANTIC TUNAS 

Mr. KERRY (for himself, Ms. SNOWE, 

Mrs. BOXER, Ms. CANTWELL, and Mr. 

REED) submitted the following resolution; which was referred to the Committee on Commerce, Science, and 

Transportation: 

S. RES. 709 

Whereas Atlantic bluefin tuna fishery is 

valuable commercially and recreationally in 

the United States and many other countries; 

Whereas the International Convention for 

the Conservation of Atlantic Tunas entered 

into force on March 21, 1969; 

Whereas the Convention established the 

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

and enforce compliance of the conservation 

and management recommendations on the 

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

the adjacent seas, including the Mediterranean Sea; 

Whereas in 1974, the Commission adopted 

its first conservation and management recommendation to ensure the sustainability of 

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

for food and other purposes; 

Whereas in 1981, for management purposes, 

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

occurring west of 45 degrees west longitude 

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

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

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

quotas have been consistently set at levels 

significantly higher than the recommended 

levels for the eastern Atlantic and Mediterranean stock; 

Whereas despite the establishment by the 

Commission of fishing quotas based on total 

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

that exceed scientific recommendations, 

compliance with such quotas by parties to 

the Convention that harvest that stock has 

been extremely poor, most recently with 

harvests exceeding such total allowable 

catch levels by more than 50 percent for each 

of the last 4 years; 

Whereas insufficient data reporting in 

combination with unreliable national catch 

statistics has frequently undermined efforts 

by the Commission to assign quota overharvests to specific countries; 


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S10676 CONGRESSIONAL RECORD — SENATE November 19, 2008 

Whereas the failure of many Commission 

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

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

problem; 

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

its 2006 report that the fishing mortality rate 

for the eastern Atlantic and Mediterranean 

stock may be more than 3 times the level 

that would permit the stock to stabilize at 

the maximum sustainable catch level, and 

continuing to fish at the level of recent 

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

high risk of fishery and stock collapse’’; 

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

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

metric tons to 15,000 metric tons or less to 

halt decline of the resource and initiate rebuilding; 

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

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

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

Whereas in 2006, the Commission adopted 

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

Bluefin Tuna in the eastern Atlantic and 

Mediterranean’’ containing a wide range of 

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

the eastern Atlantic and Mediterranean 

bluefin tuna stock; 

Whereas the Recovery Plan is inadequate 

and allows overfishing and stock decline to 

continue, and initial information indicates 

that implementation of the plan in 2007 by 

many eastern Atlantic and Mediterranean 

bluefin tuna harvesting countries has been 

poor; 

Whereas since 1981, the Commission has 

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

stock, and these recommendations have been 

implemented by Nations fishing west of 45 

degrees west longitude, including the United 

States; 

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

rebuilding program for the western Atlantic 

bluefin tuna stock by countries fishing west 

of 45 degrees west longitude, catches and 

catch rates remain very low; 

Whereas many scientists believe that mixing occurs between the western Atlantic 

bluefin tuna stock and the eastern Atlantic 

and Mediterranean stock, and as such, poor 

management and noncompliance with recommendations for one stock are likely to 

have an adverse effect on the other stock; 

and 

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

bluefin tuna stocks and other fisheries, 

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

Resolved, That it is the sense of the Senate 

that the United States delegation to the 16th 

Special Meeting of the International Commission for the Conservation of Atlantic 

Tunas, should— 

(1) pursue a meaningful assessment of 

Commission member compliance with the 

‘‘Recommendation by ICCAT to Establish a 

Multi-Annual Recovery Plan for Bluefin 

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

seeking detailed explanations from Commission members that have failed to effectively 

implement the terms of the recommendation; 

(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 

AUTHORITY FOR COMMITTEES TO 

MEET 

COMMITTEE ON BANKING, HOUSING, AND URBAN

AFFAIRS

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Committee on Banking, Housing, and 

Urban Affairs be authorized to meet 

during the session of the Senate on November 19, 2008 at 10 a.m. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON FINANCE

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Committee on Finance be authorized to 

meet during the session of the Senate 

on Wednesday, November 19, 2008, at 10 

a.m., in room 215 of the Dirksen Senate 

Office Building, to hear testimony on 

‘‘Health Care Reform: An Economic 

Perspective’’. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

COMMITTEE ON THE JUDICIARY

Mrs. MURRAY. Mr. President, I ask 

unanimous consent that the Senate 

Committee on the Judiciary be authorized to meet during the session of the 

Senate, to conduct a hearing entitled 

‘‘Helping Families Save Their Homes: 

The Role of Bankruptcy Law’’ on 

Wednesday, November 19, 2008, at 10 

a.m., in room SH–216 of the Hart Senate Office Building. 

The PRESIDING OFFICER. Without 

objection, it is so ordered. 

f 

ALBUQUERQUE INDIAN SCHOOL 

ACT 

Mr. CASEY. Mr. President, I ask 

unanimous consent that the Chair now 

lay before the Senate the House message to accompany S. 1193. 

There being no objection, the Presiding Officer (Mr. PRYOR) laid before 

the Senate the following message from 

the House of Representatives: 

S. 1193 

Resolved, That the bill from the Senate (S. 

1193) entitled ‘‘An Act to direct the Secretary of the Interior to take into trust 2 

parcels of Federal land for the benefit of certain Indian Pueblos in the State of New Mexico.’’, do pass with the following amendments: 

Strike all after the enacting clause and insert the following: 

TITLE I—ALBUQUERQUE INDIAN SCHOOL 

ACT 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Albuquerque 

Indian School Act’’. 

SEC. 102. DEFINITIONS. 

In this title: 

(1) 19 PUEBLOS.—The term ‘‘19 Pueblos’’ 

means the New Mexico Indian Pueblos of— 

(A) Acoma; 

(B) Cochiti; 

(C) Isleta; 

(D) Jemez; 

(E) Laguna; 

(F) Nambe; 

(G) Ohkay Owingeh (San Juan); 

(H) Picuris; 

(I) Pojoaque; 

(J) San Felipe; 

(K) San Ildefonso; 

(L) Sandia; 

(M) Santa Ana; 

(N) Santa Clara; 

(O) Santo Domingo; 

(P) Taos; 

(Q) Tesuque; 

(R) Zia; and 

(S) Zuni. 

(2) SECRETARY.—The term ‘‘Secretary’’ means 

the Secretary of the Interior (or a designee). 

(3) SURVEY.—The term ‘‘survey’’ means the 

survey plat entitled ‘‘Department of the Interior, Bureau of Indian Affairs, Southern Pueblos Agency, BIA Property Survey’’ (prepared by 

John Paisano, Jr., Registered Land Surveyor 

Certificate No. 5708), and dated March 7, 1977. 

SEC. 103. LAND TAKEN INTO TRUST FOR BENEFIT 

OF 19 PUEBLOS. 

(a) ACTION BY SECRETARY.— 

(1) IN GENERAL.—The Secretary shall take into 

trust all right, title, and interest of the United 

States in and to the land described in subsection 

(b) for the benefit of the 19 Pueblos immediately 

after the Secretary has confirmed that the National Environmental Policy Act of 1969 has 

been complied with regarding the trust acquisition of these Federal lands. 

(2) ADMINISTRATION.—The Secretary shall— 

(A) take such action as the Secretary determines to be necessary to document the transfer 

under paragraph (1); and 

(B) appropriately assign each applicable private and municipal utility and service right or 

agreement. 

(b) DESCRIPTION OF LAND.—The land referred 

to in subsection (a)(1) is the 2 tracts of Federal 

land, the combined acreage of which is approximately 8.4759 acres, that were historically part 

of the Albuquerque Indian School, more particularly described as follows: 

(1) EASTERN PART TRACT B.—The approximately 2.2699 acres located in sec. 7 and sec. 8 

of T. 10 N., R. 3 E., of the New Mexico Principal 

Meridian in the city of Albuquerque, New Mexico, as identified on the survey and does not include the Western Part of Tract B containing 

3.6512 acres. 

(2) NORTHERN PART TRACT D.—The approximately 6.2060 acres located in sec. 7 and sec. 8 


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