December 8, 2008 CONGRESSIONAL RECORD — SENATE S10813 

STATEMENTS ON INTRODUCED 

BILLS AND JOINT RESOLUTIONS 

By Ms. SNOWE: 

S. 3718. A bill to amend the Internal 

Revenue Code of 1986 to suspend the 

taxation of unemployment compensation for 2 years; to the Committee on 

Finance. 

Ms. SNOWE. Mr. President, I rise 

today to introduce a bill that will provide much-needed relief to struggling 

families across America. The Unemployment Benefit Tax Suspension Act 

of 2008 is a critical piece of legislation 

that would suspend the collection of 

federal income tax on unemployment 

benefits for 2008 and 2009. 

In light of the calamitous labor market, Congress must act to ensure that 

workers who lose their jobs do not also 

lose their livelihoods. On Friday, the 

Labor Department released sobering 

statistics that demonstrated the gravity of the situation we face. In November, the economy shed 533,000 jobs, the 

largest monthly job loss since December 1974. Our unemployment rate now 

stands at a perilous 6.7 percent, a 15- 

year high. We have lost 1.9 million jobs 

since the beginning of our present recession in December 2007—including 2⁄3

of those jobs in the last 3 months 

alone—and the number of unemployed 

stands at a whopping 10.3 million. 

Suspending the federal income tax on 

unemployment benefits is a simple way 

to assist our nation’s unemployed 

workers and families. In fact, the CBO 

has estimated that in 2005, of the 8.1 

million recipients of UC benefits, 7.5 

million had incomes of under $100,000. 

As such, most of the benefits of suspending this tax are likely to go to 

lower- and middle-income families, 

those struggling harder than ever just 

to makes ends meet. 

During these challenging times, 

taxes on unemployment compensation 

represents a burden that unemployed 

members of our society simply cannot 

afford. Working families are already 

suffering, with the high cost of groceries, an unstable energy market, and 

the outrageous price tag for health 

care. My bill offers a means to help 

stimulate the economy by making unemployed workers’ benefits stretch farther. While it is certainly not a solution to the problem, it is a step in the 

right direction. 

President-elect Obama has voiced his 

support for this general idea, calling it 

‘‘a way of giving more relief to families,’’ and I believe that is the ultimate 

goal we must pursue in these trying 

times. I look forward to seeing this bill 

is passed in a timely manner, so that 

the impact can be immediate. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 3718 

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

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Unemployment Benefit Tax Suspension Act of 2008’’. 

SEC. 2. SUSPENSION OF TAX ON UNEMPLOYMENT 

COMPENSATION. 

(a) IN GENERAL.—Section 85 of the Internal 

Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at 

the end the following new subsection: 

‘‘(c) TEMPORARY SUSPENSION.—Subsection 

(a) shall not apply to taxable years beginning after December 31, 2007, and before January 1, 2010.’’. 

By Ms. SNOWE (for herself and 

Mr. HATCH): 

S. 3719. A bill to amend the Internal 

Revenue Code of 1986 to suspend the 

minimum required pension distribution 

rules for 2008, 2009, and 2010; to the 

Committee on Finance. 

Ms. SNOWE. Mr. President, today I 

rise to introduce legislation to offer relief to retirees who are being forced to 

take so-called required minimum distributions from their retirement accounts in a year in which the Dow 

Jones Industrial Average has fallen a 

staggering 35 percent. Because retirees 

are forced to make withdrawals from 

their retirement accounts, they cannot 

wait for equities markets to recover 

and must, in many cases, unnecessarily 

absorb devastating losses. The Retirement Account Distribution Improvement Act of 2008 would suspend required minimum distribution rules 

until 2011 to allow retirees the ability 

to recoup some of their losses. 

Under current law, individuals who 

have reached age 70.5 generally must 

begin to withdraw funds from their 

IRAs or defined contribution retirement plans, including 401(k), 403(b), 457, 

and TSP plans. The withdrawals must 

begin by April 1 of the year in which an 

individual attains age 70.5. Failure to 

take a required minimum distribution 

may result in a 50 percent excise tax on 

the difference between what must be 

withdrawn and the amount actually 

distributed. 

In times that equities markets are 

rising and retirement account balances 

are growing, required minimum distribution rules are sensible. Indeed, 

they ensure the government gains revenue after years of tax-deferred 

growth. Unfortunately, we are now witnessing unprecedented losses in equities markets that have caused many 

individuals to suffer steep losses in 

their retirement account balances. Indeed, the American Association of Retired Persons has said that retirement 

accounts have lost as much as $2.3 trillion between September 30, 2007, and 

October 16 of this year. Forcing individuals to liquidate accounts and pay 

income taxes on the proceeds, as is required under current law, instead of allowing them to wait until the market 

recovers and continue to defer tax, 

simply adds insult to injury. Moreover, 

mandating withdrawals may cause 

stock prices to fall, hurting other investors. 

It is for these reasons that I am 

today introducing legislation to waive 

minimum required distributions for the 

2008 to 2010 period. Under my legislation, retirement plan custodians would 

be prohibited from making required 

distributions unless an individual specifically asked that funds be withdrawn. Plan custodians would have to 

send individuals a notification to alert 

them that they must make an affirmative election to receive funds from 

their accounts. Finally, to benefit individuals who have already taken a required minimum distribution for 2008, 

the bill would allow a re-contribution 

of those amounts into a retirement account by July 1, 2009. 

I am aware that others have proposed 

variations on the provisions I am introducing today. For example, Treasury 

Secretary Henry Paulson may be considering very short-term administrative relief. While well intentioned, this 

approach does not guarantee meaningful long-term action. Meanwhile, others have drafted legislation to suspend 

minimum distribution rules. Notably, 

Senators BAUCUS, GRASSLEY, KENNEDY, 

and ENZI, offered legislation, The 

Worker, Retiree and Employer Recovery Act of 2008, before the Thanksgiving Recess, a measure that I have 

cosponsored because it includes many 

worthy provisions such as a one-year 

waiver of required minimum distribution rules. While I greatly appreciate 

their efforts and hope that we can clear 

that bill as early as today, we must do 

more. A 1-year waiver of minimum distribution rules is simply a good start, 

but with many predicting a multi-year 

recession, I believe the waiver should 

be at least 3 years. 

Congress must adopt a longer-term 

approach to helping individuals protect 

their retirement assets and weather 

the current economic storm. Individuals may require several years to recoup losses they have sustained, and by 

enabling them to keep assets in their 

retirement accounts until 2011, this bill 

offers them that opportunity. After 2 

years, Congress can reevaluate whether 

the waiver of current-law rules should 

be further extended. I urge all Senators 

to consider the benefits this legislation 

will provide to millions of retirees all 

across the United States, and I look 

forward to working with my colleagues 

to enact it in a timely manner. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 3719 

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

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Retirement 

Account Distribution Improvement Act of 

2008’’. 

SEC. 2. TEMPORARY WAIVER OF REQUIRED MINIMUM DISTRIBUTION RULES FOR 

CERTAIN RETIREMENT PLANS AND 

ACCOUNTS. 

(a) IN GENERAL.—Section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) is amended by adding 

at the end the following new subparagraph: 

‘‘(H) TEMPORARY WAIVER OF MINIMUM REQUIRED DISTRIBUTION.— 


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‘‘(i) IN GENERAL.—The requirements of this 

paragraph shall not apply in calendar year 

2008, 2009, or 2010 to— 

‘‘(I) a defined contribution plan which is 

described in this subsection or in section 

403(a) or 403(b), 

‘‘(II) a defined contribution plan which is 

an eligible deferred compensation plan described in section 457(b) but only if such plan 

is maintained by an employer described in 

section 457(e)(1)(A), or 

‘‘(III) an individual retirement plan. 

‘‘(ii) PLANS ONLY TO MAKE ELECTIVE DISTRIBUTIONS.—A trust forming part of a plan 

shall not constitute a qualified trust under 

this subsection unless the plan provides that 

it will not make a payment or distribution 

during calendar year 2009 or 2010 which would 

otherwise be made to meet the requirements 

of this paragraph unless the employee or 

beneficiary elects to have such payment or 

distribution made. This clause shall not 

apply to an employee or beneficiary who is 

receiving, after the annuity starting date, 

distributions under the plan through an annuity contract issued by a company licensed 

to do business as an insurance company 

under the laws of any State. 

‘‘(iii) ELECTION.—An election under clause 

(ii) shall be made at such time and in such 

manner as the Secretary may prescribe. The 

Secretary may permit an employer to offer 

only 1 election that applies to 2009 and 2010 

or may require employers to offer separate 

elections for each calendar year. 

‘‘(iv) INDIVIDUAL RETIREMENT PLANS EXEMPT

FROM ELECTIVE DISTRIBUTION REQUIREMENT.— 

In the case of an individual retirement account or annuity described in section 408, 

this subparagraph shall be applied without 

regard to clauses (ii) and (iii). 

‘‘(v) SPECIAL RULES REGARDING WAIVER PERIOD.—For purposes of this paragraph— 

‘‘(I) the required beginning date with respect to any individual shall be determined 

without regard to this subparagraph for purposes of applying this paragraph to calendar 

years after 2010, and 

‘‘(II) if clause (ii) of subparagraph (B) applies to such individual, the 5-year period described in such clause shall be determined 

without regard to calendar years 2008, 2009, 

or 2010.’’. 

(b) ELIGIBLE ROLLOVER DISTRIBUTIONS.— 

Section 402(c)(4) of the Internal Revenue 

Code of 1986 (defining eligible rollover distribution) is amended by adding at the end 

the following new flush sentence: 

‘‘If all or any portion of a distribution during 

2008, 2009, or 2010 is treated as an eligible 

rollover distribution but would not be so 

treated if the minimum distribution requirements under section 401(a)(9) had applied 

during such calendar year, such distribution 

shall not be treated as an eligible rollover 

distribution for purposes of section 401(a)(31) 

or 3405(c) or subsection (f) of this section’’. 

(c) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by 

this section shall apply to taxable years beginning after December 31, 2007. 

(2) RECONTRIBUTIONS OF DISTRIBUTIONS IN

2008 OR EARLY 2009.— 

(A) IN GENERAL.—If a person receives 1 or 

more eligible distributions, the person may, 

on or before July 1, 2009, make one or more 

contributions (in an aggregate amount not 

exceeding all eligible distributions) to an eligible retirement plan and to which a rollover 

contribution of such distribution could be 

made under section 402(c), 403(a)(4), 403(b)(8), 

408(d)(3), or 457(e)(16) of the Internal Revenue 

Code of 1986, as the case may be. For purposes of the preceding sentence, rules similar 

to the rules of clauses (ii) and (iii) of section 

402(c)(11)(A) of such Code shall apply in the 

case of a beneficiary who is not the surviving 

spouse of the employee or of the owner of the 

individual retirement plan. 

(B) ELIGIBLE DISTRIBUTION.—For purposes 

of this paragraph— 

(i) IN GENERAL.—Except as provided in 

clause (ii), the term ‘‘eligible distribution’’ 

means an applicable distribution to a person 

from an individual account or annuity— 

(I) under a plan which is described in 

clause (iv), and 

(II) from which a distribution would, but 

for the application of section 401(a)(9)(H) of 

such Code, have been required to have been 

made to the individual for 2008 or 2009, 

whichever is applicable, in order to satisfy 

the requirements of sections 401(a)(9), 

404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), and 

457(d)(2) of such Code. 

(ii) ELIGIBLE DISTRIBUTIONS LIMITED TO REQUIRED DISTRIBUTIONS.—The aggregate 

amount of applicable distributions which 

may be treated as eligible distributions for 

purposes of this paragraph shall not exceed— 

(I) for purposes of applying subparagraph 

(A) to distributions made in 2008, the amount 

which would, but for the application of section 401(a)(9)(H) of such Code, have been required to have been made to the individual 

in order to satisfy the requirements of sections 401(a)(9), 404(a)(2), 403(b)(10), 408(a)(6), 

408(b)(3), and 457(d)(2) of such Code for 2008, 

and 

(II) for purposes of applying subparagraph 

(A) to distributions made in 2009, the sum of 

the amount which would, but for the application of such section 401(a)(9)(H), have been 

required to have been made to the individual 

in order to satisfy such requirements for 

2009, plus the excess (if any) of the amount 

described in subclause (I) which may be distributed in 2009 to meet such requirements 

for 2008 over the portion of such amount 

taken into account under subclause (I) for 

distributions made in 2008. 

(iii) APPLICABLE DISTRIBUTION.— 

(I) IN GENERAL.—The term ‘‘applicable distribution’’ means a payment or distribution 

which is made during the period beginning 

on January 1, 2008, and ending on June 30, 

2009. 

(II) EXCEPTION FOR MINIMUM REQUIRED DISTRIBUTIONS FOR OTHER YEARS.—Such term 

shall not include a payment or distribution 

which is required to be made in order to satisfy the requirements of section 401(a)(9), 

404(a)(2), 403(b)(10), 408(a)(6), 408(b)(3), or 

457(d)(2) of such Code for a calendar year 

other than 2008 or 2009. 

(III) EXCEPTION FOR PAYMENTS IN A SERIES.—In the case of any plan described in 

clause (iv)(I), such term shall not include 

any payment or distribution made in 2009 

which is a payment or distribution described 

in section 402(c)(4)(A). 

(iv) PLANS DESCRIBED.—A plan is described 

in this clause if the plan is— 

(I) a defined contribution plan (within the 

meaning of section 414(i) of such Code) which 

is described in section 401, 403(a), or 403(b) of 

such Code or which is an eligible deferred 

compensation plan described in section 457(b) 

of such Code maintained by an eligible employer described in section 457(e)(1)(A)) of 

such Code, or 

(II) an individual retirement plan (as defined in section 7701(a)(37) of such Code). 

(C) TREATMENT OF REPAYMENTS OF DISTRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS

OTHER THAN IRAS.—For purposes of the Internal Revenue Code of 1986, if a contribution is 

made pursuant to subparagraph (A) with respect to a payment or distribution from a 

plan other than an individual retirement 

plan, then the taxpayer shall, to the extent 

of the amount of the contribution, be treated 

as having received the payment or distribution in an eligible rollover distribution (as 

defined in section 402(c)(4) of such Code) and 

as having transferred the amount to the plan 

in a direct trustee to trustee transfer. 

(D) TREATMENT OF REPAYMENTS FOR DISTRIBUTIONS FROM IRAS.—For purposes of the 

Internal Revenue Code of 1986, if a contribution is made pursuant to subparagraph (A) 

with respect to a payment or distribution 

from an individual retirement plan (as defined by section 7701(a)(37) of such Code), 

then, to the extent of the amount of the contribution, such payments or distributions 

shall be treated as a distribution that satisfies subparagraphs (A) and (B) of section 

408(d)(3) of such Code and as having been 

transferred to the individual retirement plan 

in a direct trustee to trustee transfer. 

(3) PROVISIONS RELATING TO PLAN OR CONTRACT AMENDMENTS.— 

(A) IN GENERAL.—If this paragraph applies 

to any pension plan or contract amendment, 

such pension plan or contract shall be treated as being operated in accordance with the 

terms of the plan during the period described 

in subparagraph (B)(ii)(I). 

(B) AMENDMENTS TO WHICH PARAGRAPH APPLIES.— 

(i) IN GENERAL.—This paragraph shall apply 

to any amendment to any pension plan or 

annuity contract which— 

(I) is made by pursuant to the amendments 

made by this section, and 

(II) is made on or before the last day of the 

first plan year beginning on or after January 

1, 2011. 

In the case of a governmental plan, subclause (II) shall be applied by substituting 

‘‘2012’’ for ‘‘2011’’. 

(ii) CONDITIONS.—This paragraph shall not 

apply to any amendment unless— 

(I) during the period beginning on January 

1, 2009, and ending on December 31, 2010 (or, 

if earlier, the date the plan or contract 

amendment is adopted), the plan or contract 

is operated as if such plan or contract 

amendment were in effect; and 

(II) such plan or contract amendment applies retroactively for such period. 

By Mr. SPECTER: 

S. 3720. A bill to amend the Internal 

Revenue Code of 1986 to suspend the 

minimum required pension distribution 

rules for 2008 and 2009; to the Committee on Finance. 

Mr. SPECTER. Mr. President, I have 

sought recognition to introduce legislation to temporarily suspend the requirement that persons aged 701⁄2 and 

over take minimum distributions from 

their pensions or Individual Retirement Accounts, IRAs. 

I offer this legislation because of the 

economic situation our country is in at 

this moment. At a time when our financial markets are so greatly unstable, the government should not be requiring people—especially retired citizens likely living on fixed incomes—to 

take money out of the markets. If seniors need this money, and want to take 

this money out of their pension plans, 

they should certainly be allowed to do 

so. But right now, while the markets 

are so unpredictable, I think it is wise 

for Congress to suspend the requirement that persons aged 701⁄2 and above 

take mandatory distributions from 

their pensions, 401(k)s, and IRAs. 

The legislation I am introducing 

today will suspend this requirement for 

1 year. Recently, forecasters at the 

Federal Reserve Bank of Philadelphia 

estimated that the United States will 


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enter into a recession lasting approximately 14 months. While I certainly 

hope that they are wrong, and our 

economy begins to improve as Congress 

looks at various ways to stimulate the 

financial markets, I think we must be 

prudent in preparing for the worst. A 1 

year suspension of the required pension 

distribution rule would allow time for 

the markets to stabilize. If, a year 

from now, our financial situation has 

not vastly improved, I believe it may 

be prudent to visit this issue again. 

This legislation is a simple fix that 

will have a significant impact on both 

the financial markets and the portfolios of our senior citizens. Requiring 

seniors to take disbursements from 

their pensions or IRAs now will also 

likely mean that, with the markets at 

such a low point, seniors will be losing 

a significant amount of money. Current tax law not only is hurting the financial markets with this rule, it is 

also hurting the wallets of seniors who 

will see smaller distributions and dwindling pensions. If seniors don’t need 

these distributions right now, let them 

keep their money in their retirement 

plans until the markets can rebuild 

and boost the amount those retirement 

plans are worth. 

Another provision in this legislation 

would allow retirees who have already 

taken distributions in 2008 to reinvest 

those distributions back into their pension plan without penalty. This again 

would put money back into the markets if the recipients don’t yet need the 

money at this time. 

I hope that we will be able to weather 

the current financial storm we are in 

quickly. Through small measures like 

this one, in conjunction with the larger 

measures that Congress has already 

done, we can begin to bring stability to 

the markets. I look forward to working 

with my colleagues on this and other 

legislation to help the families in this 

country who are hurting because of the 

economic downturn. 

By Mr. BROWNBACK: 

S. 3721. A bill to prohibit the use of 

funds to transfer individuals detained 

by the United States at Naval Station, 

Guantanamo Bay, Cuba, to the United 

States Disciplinary Barracks, Fort 

Leavenworth, Kansas; to the Committee on Armed Services. 

Mr. BROWNBACK. Mr. President, I 

ask unanimous consent that the text of 

the bill be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be printed in 

the RECORD, as follows: 

S. 3721 

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

Congress assembled, 

SECTION 1. PROHIBITION ON USE OF FUNDS TO 

TRANSFER INDIVIDUALS DETAINED 

AT GUANTANAMO BAY, CUBA, TO 

THE UNITED STATES DISCIPLINARY 

BARRACKS, FORT LEAVENWORTH, 

KANSAS. 

None of the funds appropriated or otherwise made available to any Federal department or agency may be used to transfer any 

individual detained by the United States at 

Naval Station, Guantanamo Bay, Cuba, to 

the United States Disciplinary Barracks, 

Fort Leavenworth, Kansas. 

By Mr. REID (for himself and Mr. 

ENSIGN): 

S. 3724. A bill to direct the Secretary 

to take land into trust for the Te-moak 

Tribe of Western Shoshone Indians of 

Nevada; to the Committee on Energy 

and Natural Resources. 

Mr. REID. Mr. President, I rise today 

with my good friend Senator ENSIGN to 

introduce the Elko Indian Colony Expansion Act of 2008. 

The Te-Moak Tribe of Western Shoshone Indians of Nevada includes four 

constituent bands, each having a separate reservation or colony in northeastern Nevada. One of the Te-moak 

Tribe’s bands—the Elko Band—has a 

strong need for additional land. While 

their population has steadily grown, 

their land base has remained the same 

for over 75 years. This legislation 

would direct the Secretary of the Interior to make a reasonable expansion of 

the Te-moak Tribe’s Elko Colony by 

taking 375 acres of land into trust. 

The histories of the city of Elko and 

the Elko Indian Colony have long been 

intertwined. Elko was established as a 

railroad town in 1868 with the construction of the Central Pacific, part of the 

first transcontinental railroad. Shoshone families that had long lived in 

the area camped nearby to work on the 

railroad and in the area’s mines and 

ranches. 

Government officials tried to relocate Elko’s Indian families and all 

Western Shoshones to the Duck Valley 

Indian Reservation, 100 miles to the 

north of Elko, when it was created in 

1877. The families refused to leave, 

however, and managed to stay in the 

Elko area. When the government’s formal relocation policy failed, separate 

‘‘colonies’’ for remaining Shoshone 

families were established. In 1918, 

President Woodrow Wilson reserved 160 

acres for the Shoshone Indians near 

Elko by executive order. Another 33 

acres were later purchased by the Bureau of Indian Affairs, BIA, and were 

made part of the colony by Congress in 

1931. 

Today the Elko Colony is a thriving 

community. More than half of the TeMoak’s Tribe’s enrolled members live 

and work in Elko, yet the Elko Colony 

has one of the smallest land bases of 

the four constituent bands. Over 350 

tribal members are forced to live off of 

the colony because of a lack of reservation housing. Our legislation would address this need for more land by directing the Secretary of the Interior to 

take approximately 375 acres of land 

into trust for the tribe. These lands are 

currently managed by the Bureau of 

Land Management, BLM, and are adjacent to the existing Elko Colony. The 

land would be available for residential 

or commercial development, or for traditional uses, like ceremonial gatherings, hunting, and plant collecting. 

We have received strong letters of 

support for this proposal from both the 

City of Elko and Elko County. It is always encouraging when communities 

come together to work on a project 

like this, and we are grateful for their 

collective work on this effort. I also 

want to highlight that the city has a 

number of rights-of-way that cross the 

land in question, and our legislation is 

designed to protect those interests. 

This bill will do so much to improve 

the lives of the Elko Band of the TeMoak Tribe. We are pleased to bring 

this legislation to the committee and 

we look forward to working with Chairman BINGAMAN, Ranking Member 

DOMENICI and the other distinguished 

members to move this bill through the 

process. 

Mr. President, I ask unanimous consent that the text of the bill be printed 

in the RECORD. 

There being no objection, the text of 

the bill was ordered to be placed in the 

RECORD, as follows: 

S. 3724 

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

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Elko Indian 

Colony Expansion Act of 2008’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) MAP.—The term ‘‘map’’ means the map 

entitled ‘‘Te-moak Tribal Land Expansion’’, 

dated September 30, 2008, and on file and 

available for public inspection in the appropriate offices of the Bureau of Land Management. 

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

means the Secretary of the Interior, acting 

through the Director of the Bureau of Land 

Management. 

(3) TRIBE.—The term ‘‘Tribe’’ means the 

Te-moak Tribe of Western Shoshone Indians 

of Nevada, which is a federally recognized Indian tribe. 

SEC. 3. LAND TO BE HELD IN TRUST FOR THE TEMOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA. 

(a) IN GENERAL.—Subject to valid existing 

rights, all right, title, and interest of the 

United States in and to the land described in 

subsection (b)— 

(1) shall be held in trust by the United 

States for the benefit and use of the Tribe; 

and 

(2) shall be part of the reservation of the 

Tribe. 

(b) DESCRIPTION OF LAND.—The land referred to in subsection (a) consists of approximately 373 acres of land administered 

by the Bureau of Land Management and 

identified on the map as ‘‘Lands to be Held 

in Trust’’. 

(c) SURVEY.—Not later than 180 days after 

the date of enactment of this Act, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the 

land taken into trust under subsection (a). 

(d) CONDITIONS.— 

(1) GAMING.—Land taken into trust under 

subsection (a) shall not be eligible, or considered to have been taken into trust, for class 

II gaming or class III gaming (as those terms 

are defined in section 4 of the Indian Gaming 

Regulatory Act (25 U.S.C. 2703)). 

(2) USE OF TRUST LAND.—With respect to 

the use of the land taken into trust under 

subsection (a), the Tribe shall limit the use 

of the land to— 

(A) traditional and customary uses; 

(B) stewardship conservation for the benefit of the Tribe; and 


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(C)(i) residential or recreational development; or 

(ii) commercial use. 

(3) THINNING; LANDSCAPE RESTORATION.— 

With respect to the land taken into trust 

under subsection (a), the Secretary, in consultation and coordination with the Tribe, 

may carry out any fuels reduction and other 

landscape restoration activities on the land 

that is beneficial to the Tribe and the Bureau of Land Management. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated 

such sums as are necessary to carry out this 

Act. 

f 

SUBMITTED RESOLUTIONS 

SENATE RESOLUTION 721—RECOGNIZING AND HONORING THE 

SMITH CENTER HIGH SCHOOL 

FOOTBALL TEAM 

Mr. BROWNBACK (for himself and 

Mr. ROBERTS) submitted the following 

resolution; which was referred to the 

Committee on the Judiciary: 

S. RES. 721 

Whereas the citizens of Kansas are truly 

proud of the Smith Center High School football team for capturing the team’s fifth 

State football championship title after finishing an undefeated season; 

Whereas Smith Center has won 67 consecutive games, which is the third-longest winning streak among high school football 

teams in the nation, and which breaks the 

State record; 

Whereas Smith Center set a national 

record by scoring 72 first-quarter points in a 

playoff game in 2007; 

Whereas, in the 2007 season, Smith Center 

outscored its opponents 844–20; 

Whereas head football coach Roger Barta 

has provided consistent leadership for the 

team, has led Smith Center to win 7 State titles, and was named national high school 

football coach of the year by the U.S. Army 

All-American Bowl Selection Committee; 

Whereas Smith Center players provide an 

excellent example to our nation’s youth by 

signing a pledge to stay away from drugs, alcohol, and tobacco, and by demonstrating 

outstanding determination and teamwork; 

and 

Whereas the members of the Smith Center 

High School football team include: Ethan 

Eastes, Clay Pickel, Colt Rogers, Aaron 

McNary, Joe Osburn, Truitt Kuhlmann, Alex 

Hobelmann, Trevor Rempe, Travis Rempe, 

Kris Lehmann, Brock Baxter, Shawn 

Stansbury, Garrett Kuhlmann, Matt Atwood, 

Taylor Rippe, Tracy Hudson, Trey Molzahn, 

Aaron Sellars, Marshall McCall, Cole 

McDowell, Dereck McNary, Chase McDonald, 

William Overmiller, Jon Osburn, Nate 

Fiester, Monroe Schmidt, Joel Osburn, 

Kaden Roush, Brit Nixon, Van Tucker, 

Logan Tuxhorn, Dillon Corbett, Grady 

Brooks, Cole Conaway, Nathan Cox, Louis 

Frazier, Jesse Roush, Spencer VanderGiesen, 

Zachary Herdt, Trenton Terrill, Bryce 

Standley, Cody Tucker, Josh McDowell, Kale 

Terrill, Kelly Wiig, Jake Fischer, Curtis 

Favinger, Collin Duntz, Johny Troy, Billie 

Stokesbury, Josh Nixon, Justin Nixon, 

Anden Hughes, Spencer Kirchhoff, Jace 

Winder, and Kalen Mace: Now, therefore, be 

it 

Resolved, That the Senate— 

(1) congratulates the Smith Center High 

School football team, including the players, 

head coach Roger Barta, and the coaching 

staff, on a victorious season; and 

(2) thanks the team for the great honor it 

has brought to Smith Center and to the 

State of Kansas. 

f 

SENATE RESOLUTION 722—RECOGNIZING JANUARY 2, 2009 AS ‘‘NATIONAL ADVERTISING SPECIALTY DAY’’ 

Mr. SPECTER submitted the following resolution; which was referred 

to the Committee on the Judiciary: 

S. RES. 722 

Whereas an advertising specialty is any 

item imprinted with a logo or slogan and 

given out to promote a company, organization, product, service, special achievement, 

or event; 

Whereas the presidential campaign of 

George Washington first used advertising 

specialties in the United States in 1789, in 

the form of collectible buttons; 

Whereas there are more than 750,000 varieties of specialty advertising; 

Whereas the advertising specialty industry 

employs more than 344,000 professionals 

across the United States, and 85 percent of 

these professionals are employed by smallor medium-sized businesses, some of which 

gross up to $1,000,000 per year; 

Whereas the advertising specialty industry 

has grown an average of 4 percent each year 

since 2003 and reached $19,600,000,000 in 2007; 

Whereas advertising specialties accounted 

for 14 percent of all tracked advertising 

spending in the United States in 2007; and 

Whereas the advertising specialty industry 

accounts for more than 9,000 jobs in Pennsylvania: Now, therefore, be it 

Resolved, That the Senate— 

(1) recognizes January 2, 2009 as ‘‘National 

Advertising Specialty Day’’; and 

(2) acknowledges the contributions the specialty advertising industry makes to the 

economy of the United States. 

Mr. SPECTER. Mr. President, I have 

sought recognition to introduce a resolution recognizing January 2 as National Advertising Specialty Day. 

An advertising specialty is any item 

imprinted with a logo or slogan and 

given out to promote a company, organization, product, service, special 

achievement or event. The use of advertising specialties has historical relevance as the industry dates back to 

George Washington’s use of collectible 

buttons in his presidential campaign in 

1789. Today, there are over 750,000 varieties of advertising specialties. 

The advertising specialty industry is 

now a major contributor to the United 

States economy. The industry employs 

over 344,000 professionals, including 

9,000 in Pennsylvania. Eighty-five percent of these professionals are employed in small or medium-size businesses, some of which gross up to one 

million dollars per year. 

The advertising specialty industry 

has experienced substantial growth. It 

has grown annually at an average rate 

of 4 percent since 2003 making it a 19.6 

billion dollar industry in 2007. Advertising specialties now account for over 

14 percent of all tracked advertising 

spending in the United States. 

It is important to recognize the positive contributions the advertising specialty industry has had on the economy by creating jobs and small businesses. I urge my colleagues to support 

this industry by designating January 2 

as National Advertising Specialty Day. 

f 

SENATE RESOLUTION 723—TO PERMIT THE COLLECTION OF CLOTHING, TOYS, FOOD, AND 

HOUSEWARES DURING THE HOLIDAY SEASON FOR CHARITABLE 

PURPOSES IN SENATE BUILDINGS 

Mr. MCCONNELL (for himself and 

Mr. REID) submitted the following resolution; which was considered and 

agreed to: 

S. RES. 723 

Resolved, 

SECTION 1. COLLECTION OF CLOTHING, TOYS, 

FOOD, AND HOUSEWARES DURING 

THE HOLIDAY SEASON FOR CHARITABLE PURPOSES IN SENATE BUILDINGS. 

(a) IN GENERAL.—Notwithstanding any 

other provision of the rules or regulations of 

the Senate— 

(1) a Senator, officer, or employee of the 

Senate may collect from another Senator, 

officer, or employee of the Senate within 

Senate buildings nonmonetary donations of 

clothing, toys, food, and housewares for 

charitable purposes related to serving those 

in need or members of the Armed Services 

and their families during the holiday season, 

if such purposes do not otherwise violate any 

rule or regulation of the Senate or of Federal 

law; and 

(2) a Senator, officer, or employee of the 

Senate may work with a nonprofit organization with respect to the delivery of donations described in paragraph (1). 

(b) EXPIRATION.—The authority provided 

by this resolution shall expire at the end of 

the 110th Congress. 

f 

NOTICE OF HEARING 

COMMITTEE ON ENERGY AND NATURAL

RESOURCES

Mr. BINGAMAN. Mr. President, I 

would like to announce for the information of the Senate and the public 

that a hearing has been scheduled before the Senate Committee on Energy 

and Natural Resources. The hearing 

will be held on Wednesday, December 

10, 2008, at 9:30 a.m., in room SD–366 of 

the Dirksen Senate Office Building. 

The purpose of the hearing is to receive testimony regarding investments 

in clean energy and natural resources 

projects and programs to create green 

jobs and to stimulate the economy. 

Because of the limited time available 

for the hearing, witnesses may testify 

by invitation only. However, those 

wishing to submit written testimony 

for the hearing record may do so by 

sending it to the Committee on Energy 

and Natural Resources, United States 

Senate, Washington, D.C. 20510–6150, or 

by e-mail to Rosemarie 

Calabro@energy.senate.gov 

For further information, please contact Deborah Estes at (202) 224–5360, 

Scott Miller at (202) 224–5488, or Rosemarie Calabro at (202) 224–5039. 


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