Floor Statements

I thank the gentleman for yielding time.

Mr. Speaker, I oppose the United States-India Nuclear Cooperation Approval and Nonproliferation Enhancement Act. This bill flies in the face of decades of American leadership to contain the spread of weapons of mass destruction. The bill does not include all of the safeguards and protections contained in the Henry Hyde Act of 2006.

A vote for this bill is a vote to approve a rushed process that has not allowed hearings, debate or amendment to this deal.

Most importantly, the India deal would give a country which has a dismal record on nonproliferation all of the benefits of nuclear trade with none of the responsibilities.

India has been denied access to the international nuclear market for three decades and for good reason. India is not a signatory of the nonproliferation treaty, and it has never committed to nuclear disarmament nor has it signed the Comprehensive Test Ban Treaty. India has misused civilian nuclear technology to produce its first nuclear weapon in 1974, and it continues to manufacture nuclear weapons to this day.

This deal will help India expand its nuclear weapons program. For every pound of uranium that India is allowed to import for its power reactors, this deal frees up a pound of uranium for its bomb program. I was in Pakistan this month, and it is clear that this deal will only increase the chances of a nuclear arms race on the subcontinent.

For all of these reasons, I urge my colleagues to oppose this bill and to promote a stronger relationship with India that does not come at the expense of our own security and that of our allies.

Madam Speaker, I rise to recognize Mayor Mary Anne Courville who faithfully served in the Dixon City Council since 1996.

Mary Ann Courville, mayor for the city of Dixon, has served the community as a member of the Dixon City Council for 12 years, from 1996 through 2008. She was elected as a Council member in 1996 and was immediately selected as vice mayor, serving as vice mayor from 1996 until 2000. In 2000, she was the first Dixon mayor directly elected by its citizens to serve a 4 year term. She was reelected as mayor in 2004.

During her leadership, first and foremost she insisted that the public be embraced and welcomed to participate in the deliberations and decision making process. She always patiently listened to their ideas and concerns and tried her best to make sure all viewpoints were considered. She has insisted that all who inquired were responded to, that they were provided access to documents and information critical to local governance, and were accorded the highest respect by the city's staff as well as appointed and elected decision makers.

Mayor Courville actively represented the citizens of Dixon and northern Solano County in the offices of our Federal and State leaders, regardless of political affiliation. She has been an active participant in numerous intergovernmental forums including: the Capital Corridor Joint Powers Authority, the Solano County Local Agency Formation Commission, Solano County Mayors' Conference, Solano Transportation Authority, Solano County Water Agency, and the Yolo-Solano Air Quality Management District. She championed local intergovernmental collaborative efforts including the Dixon-Solano Municipal Water Service, DSMWS, with the Solano Irrigation District, the Dixon Regional Watershed Drainage Joint Powers Authority with Maine Prairie Water District, the Dixon Resource Conservation District, and Reclamation District 2068. She has paid special attention to the needs of and opportunities to partner with other agencies serving the Dixon constituency such as the Dixon Library District, the 36th District Agricultural Association, Dixon May Fair, Dixon Family Services, and especially the Dixon Unified School District.

Her most notable collaborative effort was with the School District starting with joint meetings and modest physical improvement projects on and around school campuses. Her leadership efforts grew into multi- agency after-school enrichment programs, complex joint facility use agreements, and a jointly-funded COPS on campus program.

As a leader in the school bond campaign, and through development negotiations, the most spectacular accomplishment for Mayor Courville was the partnership with the School District in the development of the $75 million new Dixon High School campus. Championing joint planning, land acquisition, and infrastructure improvements to serve the new campus, she was pivotal in complex multi-party negotiations which crafted a partnership that resulted in development of the state of the art campus, a massive water production and storage facility to serve the growing southeast Dixon area, a much needed storm water detention basin, and a 400 unit neighborhood, including a dedicated site for the development of senior housing. Her efforts helped secure a classic ``win, win, win, win'' outcome highlighting the best in creative local governance.

Mayor Courville was instrumental in improving public safety in Dixon. During her tenure, the Dixon Fire Department staffing was increased two-fold, including the addition of paramedic services. A new fire station complex was completed and much needed new major equipment was secured. She also helped grow the Dixon Police Department and insure that new technology and a community policing philosophy was brought to the department.

As mayor, she also focused her efforts on strong fiscal management, overseeing balanced budgets year after year while expanding services and maintaining prudent reserves. She was instrumental in expanding infrastructure, promoting economic development, and attracting new housing. A special focus of hers has been to bring passenger rail to Dixon, a vision that inevitably will be realized thanks to her.

Mary Ann Courville has been an absolutely dedicated leader of and booster for Dixon for the last 12 years. She has touched so many lives through her efforts and has brought welcome change and improvement to local governance and our physical environment. She has made it possible for Dixon's citizens to sincerely love calling Dixon their home. Her leadership will be missed, but Mayor Mary Ann Courville's legacy will be evident for generations to come.

Mr. Speaker, I thank the chairman of the full committee and congratulate the ranking member, Mr. Hunter, for his service and his friendship. And I want to say how much it has been a pleasure to work on this bill with my friend and ranking member, the representative from Alabama, Mr. Everett. This is his last defense authorization bill, and I want to thank him for his wisdom and his leadership and his friendship. Godspeed on your retirement, Mr. Everett.

This legislation reflects three crucial themes. First, it ensures the safety, security and reliability of our nuclear deterrent. The bill urges the Secretary to clarify lines of responsibility for nuclear weapons.

It authorizes $6.6 billion for the Stockpile Stewardship Program, but does not fund the reliable replacement warhead.

Second, the bill emphasizes missile defense systems that address near-term threats to the United States with more deliberate development of less mature systems to meet longer-term threats.

The bill authorizes $8.9 billion for the Missile Defense Agency which is $410 million less than the President's request, but $270 million above last year's funded level.

The bill allows construction of the European radar site upon final approval from the host nation, but prohibits construction of the European interceptor site proposed for Poland until both Poland and the Czech Republic have given final approval.

The bill provides an additional $100 million for the Aegis BMD and THAAD programs, and increases funding for the U.S.-Israel missile defense programs.

Third, this legislation authorizes major space programs and requires the Department of Defense and the Director of National Intelligence to jointly plan on meeting national security bandwidth needs.

We have a fabulous staff on the subcommittee, very, very energetic and hardworking members.

Mr. Speaker, this is a strong bill. I thank everyone for their support, and I urge its adoption.

Mr. speaker, I rise to thank Chairmen Peterson and Etheridge for their hard work on H.R. 6604.

Protecting consumers and ensuring that our markets work fairly are among our most vital duties as Members of Congress. For eight years, the Bush Administration has been asleep at the switch. With record foreclosures and major American companies seeking multi-billion dollar government bailouts, we are seeing the effects of this Administration's policies. It is long past time that Wall Street oversight reflects the 21st century economy.

As someone who has worked both on Wall Street and now in Congress, I know how important it is to have referees on the field to call the game. I also know how minor changes in the financial markets can have major impacts. In the current environment, it would be particularly unwise to add any further instability to the markets.

A fair and regulated system is critical to the function of our financial markets. I commend the intentions of this legislation but believe that its enactment will have unintended consequences.

I am concerned that this bill will prevent pension funds and other institutional investors from engaging in the futures market. Such a prohibition could prevent my constituents' pensions from being invested in a diverse and safer manner. Without changes to this legislation, CalPERS, which manages the pensions of 1.5 million Californians, could be severely restricted in its ability to maximize return on investment.

As an alternative to this legislation, I have introduced H.R. 6976, the Preventing Manipulation in Commodity Markets Act of 2008. This bill is virtually identical to H.R. 6604. However, it permits pension funds to continue to invest in the futures market.

I am firmly committed to preventing manipulation of the commodity markets. H.R. 6976 enables the Commodity Futures Trading Commission to target manipulation without preventing honest investors from participating in the markets.

Madam Speaker, I rise to recognize Councilmember Matt Garcia, who faithfully served the city of Fairfield and whose life was tragically taken last week.

Councilman Garcia, in his 22 years, made an indelible mark on the city of Fairfield and as a young leader he inspired many to make this a better world through service and sacrifice.

As the youngest member ever elected to the Fairfield City Council, Matt understood the potential for young people to effect change in their communities.

He coached Little League, rejuvenated the Fairfield Youth Commission, and vigorously supported the Police Athletics League; Councilman Garcia was a tireless advocate for the youth of Fairfield.

At the age of 16, Matt told his fellow students that he would become the mayor of Fairfield one day and never lost sight of that goal.

From his days at Armijo High to his victorious race for City Council, Matt was able to bring together diverse people and organizations.

My thoughts and prayers are with Councilmember Garcia's family and our community at this very difficult time. I am deeply saddened by his passing and know his memory will live on for generations through the work of those he inspired.

Madam Speaker, I rise to recognize Dennis M. Barry, as he retires as the Interim Director of Contra Costa County's Department of Conservation and Development, after 30 years of service.

Dennis M. Barry's career with the county encompasses 20 years with the Planning Department, later established as the Community Development Department, 10 years as Community Development Director, and 4 months as Interim Director of the Department of Conservation and Development.

In his role as Contra Costa County General Plan Review Program Manager in 1987, Barry led the General Plan Congress, which produced the first comprehensive update to the General Plan in over 25 years. As Director of Community Development, Barry spearheaded the Urban Limit Line through the County process including public hearings and adoption by voters. Throughout his career, Dennis M. Barry has been dedicated as a consummate planner and innovative leader.

Throughout his illustrious career, Dennis M. Barry received several awards for his service to the residents of Contra Costa County. These awards include the following: the Contra Costa County Employee of the Year in 1991, CSAC Challenge Award for the County Growth Management Program 1990, and for the Countywide General Plan in 1991; and CSAC Circle of Service Award.

Dennis M. Barry's outstanding service to Contra Costa County also included several policy changes that significantly impacted land use, housing projects and public safety. He assisted in drafting and placing Measure C on the ballot in 1990, which established the Contra Costa County 65/35 Land Preservation Plan. He drafted and brought Ordinance 96-50, Land Use Permits for Development Projects involving Hazardous Materials and Hazardous Wastes, for hearings. Barry was involved in the formation of the Dougherty Valley General Plan Amendment and Specific Plan, which requires 25 percent of the units to be occupied by low and moderate income families.

As Dennis M. Barry retires, I would like to thank him for his dedication to the quality of life for the residents of Contra Costa County, and his leadership in the field of planning. I wish him the best of luck in his future endeavors.

Madam Speaker, I rise to state my strong concern that Congress should not take any steps to curtail the recent Supreme Court decision in Boumediene et al., v. Bush. In a 21 July speech, Attorney General Michael Mukasey called on Congress to create rules governing treatment of detainees' petitions for habeas corpus instead of simply following the rules developed as a result of lower court cases. Additionally Justice Department officials appearing this week before the Armed Services Committee on which I serve have called for Congress to step in and help curtail the form of the status review process for prisoners. Acting on these requests so soon after the Supreme Court's decision and before the Federal district courts have had a chance to address them is shortsighted and possibly damaging to the United States in the long term.

As you know in its 5-4 decision, the Supreme Court held that detainees who are being held at the U.S. Naval Station in Guantanamo Bay, Cuba, are entitled to the habeas corpus privilege under the Suspension Clause of the U.S. Constitution, meaning that they can appeal the justification for their detention before a court. The Court also held that Section 7 of the Military Commissions Act of 2006 which limited judicial review of executive determinations of the detainees' enemy combatant status, did not provide an adequate and effective substitute for habeas corpus and therefore acted as an unconstitutional suspension of the writ of habeas.

The decision itself was limited both in scope. It only applies to detainees held at Guantanamo and not elsewhere. The decision also does not prevent the administration from detaining suspected terrorists or interrogating them. It simply confers upon them the basic right to know why they have been detained.

Letting the Federal courts process pending habeas petitions is the right thing to do and demonstrates to the world that we have confidence in our American values and the integrity of our legal process. It also will make sure that Guantanamo only holds prisoners who are threats to the United States and allows us to release those who are innocent.

Among the matters that the courts must necessarily address is the credibility of the Combatant Status Review Tribunals or CSRTs. As you know, the CSRTs were created by the Pentagon in response to the 2004 Hamdi decision to review the determinations of enemy combatant status for every detainee at Guantanamo.

While the CSRTs were not the central concern of Boumediene, the Court made a number of critical observations that I hope the lower courts will address for the sake of our country's reputation and because of the strength of our values.

The Court found that the procedural protections afforded Guantanamo detainees ``fall well short of the procedures and adversarial mechanisms that would eliminate the need for habeas corpus review.''

The court listed additional deficiencies including constraints upon the detainee's ability to find and present evidence at the CSRT stage to challenge the government's case; the failure to provide a detainee with assistance of counsel; limiting the detainee's access to government records other than those that are unclassified, potentially resulting in a detainee being unaware of critical allegations relied upon by the government to order his detention; and the fact that the detainee's ability to confront a witnesses may be more theoretical than real given the minimal limitations on the admissibility of hearsay evidence.

The court found that there was ``considerable risk of error in the tribunal's findings of fact.'' And that ``given that the consequence of error may be detention for the duration of hostilities that may last a generation or more, this is a risk too serious to ignore.''

As a Member who is deeply committed to ensuring we have the best process to prosecute and hold accountable every terrorist and release innocent civilians, I have very little confidence in the CSRT process that is currently in place.

As the Federal courts begin to process the habeas petitions before the government, I again urge my colleagues in Congress to not chill the process currently underway with the narrow legislative solutions the Bush Administration is asking for. I ask that we give our civilian legal system the time to address the new circumstances created by the Supreme Court and put in place a successful review process that the administration has so far failed to do.

Madam Chairman, I rise in strong support of the Saving Energy through Public Transportation Act.

My constituents are struggling to pay rising gas prices caused in part by wild speculation in oil markets. By providing greater access to public transportation we can reduce the demand for oil and help lower the price of gasoline. With increased use of public transit, we can reduce greenhouse gas emissions and strengthen the economy by removing congestion from our already crowded roads.

I would like to thank Chairman Oberstar for including the ``Capital Cost of Contracting'' pilot program in this bill. Congressman Mike Rogers and I have long supported this program.

The provision makes it easier for employers and communities to offer vanpool services by leveraging their investment with Federal transit funds. By doing this, we can lower the cost of joining a vanpool and increase services nationwide. It is estimated that full adoption of this program could triple vanpooling across the Nation. This would conserve over 500 million gallons of fuel per year and greatly reduce harmful emissions. I appreciate the inclusion of this provision in the bill and applaud Chairman Oberstar for his determined efforts to provide public transit to more Americans.

Madam Speaker, I raise in support of H.R. 2452, the Raw Sewage Overflow Community Right-to-Know Act. Sewer overflows present serious threats to the environment and to human health. Our crumbling wastewater infrastructure has resulted in an increasing number of sewage spills, most commonly through combined sewer overflows and sanitary sewer overflows.

As this Congress works to reauthorize the Clean Water State Revolving Fund and improve our wastewater infrastructure, it is essential that our constituents receive prompt notification when a spill occurs. H.R. 2452 provides a national Standard for such notification and permits the use of Clean Water State Revolving funds for publically-owned treatment works to monitor their infrastructure for spills.

In California, we have an existing notification process that is the most aggressive in the Nation. I applaud Chairman Oberstar and his staff for recognizing the existence of State notification programs and ensuring that duplication of State and Federal standards does not overburden local sanitation officials. In this bill, States like California may operate their own notification program if the EPA certifies that it is substantially equivalent to the Federal program.

I would like to include a letter from the California Association of Sanitation Agencies that expresses full support for H.R. 2452. I commend Mr. Bishop and Mr. Oberstar for their hard work on this legislation, and urge my colleagues to support the Raw Sewage Overflow Community Right-to-Know Act.

California Association of

Sanitation agencies,

Sacramento, CA, June 23, 2008.

Hon. James L. Oberstar,

Chairman, Committee on Transportation and Infrastructure,

U.S. House of Representatives, Washington, DC.

Hon. John Mica,

Ranking Republican, Committee on Transportation and

Infrastructure, U.S. House of Representatives,

Washington, DC.

Dear Chairman Oberstar and Ranking Member Mica: On behalf

of the California Association of Sanitation Agencies (CASA),

I write in support of H.R. 2452, which would address the

important issue of reporting and notification for sewer

overflows. This legislation represents the culmination of a

collaborative approach involving wastewater treatment

operators and the environmental community. We appreciate the

committee's willingness to address CASA's concerns.

CASA understands that the legislation has been amended to

address one of our major concerns, which relates to

longstanding California requirements for notification of

regulatory authorities and the public in the event of a sewer

spill that threatens public health or the environment.

Specifically, the amendment provides a delegation process so

that existing state notification programs designed to inform-

the public of health threats emanating from sewer overflows

will not be supplanted, provided EPA determines that the

programs are substantially equivalent to the federal program.

This is vital to avoid inefficient and potentially confusing

duplication of effort. Further, this amendment will allow

POTWs to target their limited resources to fulfilling their

responsibilities as first responders when spills occur.

Second, we understand that the committee report clarifies

that satellite collection systems are not subject to the

provisions of the bill. This is important because many

regional POTWs do not manage these upstream systems, and have

no authority for spills that occur from facilities outside

their jurisdiction.

There is one provision in the amended bill that has given

rise to a new concern. This new provision is designed to

ensure that the notification provisions of the bill will be

implemented in a timely matter. However, as written, there is

no mechanism for informing permittees of their new, fully

enforceable obligations, which appears to be at odds with

basic due process rights. We hope that as Congress considers

the bill that this matter can be further reviewed and

addressed prior to final passage.

Again, we appreciate the opportunity to work with the

committee on this important legislation.

Sincerely,

Kamil Azoury,

President.

Madam Speaker, I rise to recognize Police Lieutenant Monty A. Shipp who faithfully served the residents of the cities of Fairfield and Concord since 1981.

Prior to becoming a police officer, Lieutenant Shipp served 4 years in the United States Air Force from December 1977 to December 1981. Upon receiving an honorable discharge with an Air Force Commendation Medal and a Good Conduct Medal, Lieutenant Shipp continued his service to his country and community by joining the Concord Police Department.

Lieutenant Shipp served with the Concord Police Department for 4 years before being hired by the Fairfield Police Department. He showed considerable talent and promise and was promoted to Police Sergeant on March 23, 1990. His contributions to the police department could be seen in a variety of ways

as he performed supervisor duties in patrol, training, and investigations.

Lieutenant Shipp continued to distinguish himself showing superb moral character and a commitment to helping his community through his role with SAFE Team from 1987 to 1999. His hard work with such a worthy cause is just one of many admirable and laudable accomplishments of Lieutenant Shipp's career.

Lieutenant Shipp's decades of service and endless hard work culminated in his being granted the prestigious Distinguished Service Medal in December of 2001.

His well deserved promotion to lieutenant occurred on July 9, 2004. As a lieutenant, he became a well known role model for the patrol officers and investigation detectives with whom he worked. Lieutenant Shipp's strong character and positive influence were evident every day he was on the force.

Lieutenant Shipp embodies so many of the qualities that make for the best police officers. He is a loyal representative of the law enforcement community and will always be remembered and admired for work ethic, dedication, and impact on our cities.

Madam Speaker, I rise to recognize Police Officer Robert Lown, who faithfully served the city of Fairfield for over 35 years.

Officer Lown began his distinguished career with the Fairfield Police Department on August 1, 1969. During that time, he worked a variety of assignments including patrol and investigation. His work as a committed robbery and burglary investigator from 1988 to 2005 led to the solving of many cases, to the benefit of the entire community. The skills Officer Lown possessed in this field were second to none in the department.

Officer Lown's experience and dedication as an investigator earned him a Distinguished Service Award in June 1999.

His commitment to law enforcement and investigation will always be remembered and admired by the Fairfield community for his work ethic, dedication, and impact on our cities.

Madam Speaker, I rise to recognize Police Captain Thomas G. Giugni, who faithfully served the residents of the cities of Walnut Creek and Fairfield since 1978.

Prior to becoming a police officer, Captain Giugni served as a civilian communications dispatcher and clerk for the City of Fairfield. Captain Giugni went on to work for the Walnut Creek Police Department in 1978.

Captain Giugni served with the Walnut Creek Police Department for 9 years before returning to work with the Fairfield Police Department. His work and dedication in patrol and investigations allowed Captain Giugni to become a field training officer in 1993. His contributions, as well as his promise, led to his promotion to police sergeant on January 20, 1995.

Captain Giugni continued to serve as a positive role model for his fellow officers in patrol and investigations leading to his promotion to police lieutenant on June 30, 2000. His leadership success in this position led to Giugni's promotion to police captain on May 3, 2002.

Captain Guigni's 31 years of law enforcement service exemplify the many qualities of great police officers. He is a loyal representative of the law enforcement community and leader for both sworn and civilian employees and he will always be remembered and admired for his hard work, dedication and impact on our cities.

Madam Speaker, I rise to recognize Police Lieutenant Michael L. Hill who faithfully served the residents of the cities of Los Angeles and Fairfield for 36 years.

Prior to becoming a police officer, Lieutenant Hill served as a sleeper fireman with the City of Fairfield beginning in 1974. He worked in various civilian positions for the city before becoming a sworn police officer on September 10, 1979. Lieutenant Hill began his work with the Los Angeles Police Department in April 1982, before returning to the Fairfield Police Department in May 1985.

Lieutenant Hill continued to demonstrate loyalty and dedication to the department earning his promotion to Police Sergeant on August 26, 1988. He served as an inspirational leader for the personnel in Patrol, Investigations, Training and the Professional Standers Unit. His commitment to this position resulted in his being named Manager of the Year for 1996.

His years of service and leadership led to his promotion to Acting Police Lieutenant on May 3, 2002 and then to his formal appointment as Police Lieutenant on October 18, 2002.

Lieutenant Hill will always be remembered and admired for his commitment to the community as well as his dedication as a leader. He is a loyal representative of the law and has made a lasting, positive impact on our cities.

Madam Speaker, I rise to recognize Police Officer Andrew Cross who faithfully served in the California police force since 1980.

Officer Cross's service to our community began when he joined the Seaside Police Department in January 1980. From there, he transitioned to the Monterey Police Department. After 18 years of service to Monterey, Officer Cross came to the Fairfield Police Department in December 2000.

During his time with the Fairfield Police Department, Officer Cross served as a highly regarded active patrol officer.

Officer Cross's commitment to his community was evident on a daily basis. He was a loyal representative of the law enforcement community, admired for his hard work and dedication, and his presence will be missed.

Madam Speaker, I rise to recognize Police Sergeant Timothy P. Grace who faithfully served the residents of the city of Fairfield for 31 years.

Sergeant Grace began his service with the Fairfield Police Department on September 27, 1975, where he worked in several capacities including drunk driving enforcement grants, the traffic unit, patrol, investigations and the training and communications unit. Sergeant Grace continued to serve as a defensive tactics instructor as well as a field training officer.

Sergeant Grace earned his well-deserved promotion to the position of police sergeant in 2000. He worked as a valiant leader in both the patrol and the professional standards unit, where his dedication to these units made a valuable impact on the operations of the overall department.

Sergeant Grace evidenced a commitment to his community on a daily basis. He served as a loyal representative of the law and is admired by his community for his hard work, dedication and positive influence on the entire department.