Floor Statements

Mr. Speaker, I move that the House do now adjourn.

The motion was agreed to; accordingly (at 10 o'clock and 41 minutes p.m.), the House adjourned until tomorrow, Thursday, September 25, 2008, at 10 a.m.

Madam Speaker, as per the requirements of the Republican Conference Rules on earmarks, I secured the following earmark in H.R. 6599.

Requesting Member: Congressman Frank LoBiondo (NJ-02).

Bill Number: H.R. 6599.

Account: Air Force, Military Construction, Air National Guard.

Legal Name of Requesting Entity: 177th Fighter Wing.

Address of Requesting Entity: 400 Langley Road, Egg Harbor Township,

Mr. Speaker, I am very pleased to have the opportunity to rise on this piece of legislation and the one prior, S. 2766.

Mr. Oberstar, let me again tip my hat to you. I continue to be amazed and impressed at the bag of pixie dust you sometimes carry around for special circumstances to get the other body to move when it looks like they have no movement in their mind at all.

As Mr. Oberstar and Mr. LaTourette so accurately detailed on the previous bill, S. 2766, and for this bill S. 3298, thanks to the Ninth District Court of San Francisco, who have added to their disgraceful list of decisions on how they are completely disconnected from the real world, and what actually happens in people's lives, we are forced to deal with these issues.

When we have people that are upset with us, we want to make sure that they understand that this is the Ninth Circuit Court, it wasn't the EPA. We are very hopeful that the EPA will take the time necessary to look at this very closely.

I rise in very strong support of S. 3298. A few minutes ago the House considered a bill that I also strongly support to permanently exempt over 15 million recreational vessels from being slapped with $32,000 in fines daily for incidental discharges, and that's the part that I think that gripes us the most, is incidental discharges.

But the bill, I think, needed to have a little bit extra attention in a particular area. It didn't really treat all boats equally. While the bill did exempt recreational vessels and other small commercial boats, like many of the fishing vessels and tour-boat operators in my district, they would not have received an exemption. It would have been unfair to provide exemptions for 15 million recreational vessels while refusing to extend the same exemption to approximately 30,000 commercial vessels that are of equal and, in many cases, a smaller size.

In addition, rainwater runoff, bilge water and engine-cooling water and other charges are materially the same, regardless of whether they are discharged from a recreational vessel, a

fishing vessel or a small tour boat. Since the Clean Water Act's inception in 1973, these discharges have been exempt from EPA permitting. For 35 years these exemptions have been accepted by Congress and have stood unchallenged in the courts. But, more importantly, these exemptions have been applied to all vessels equally. Therefore, it was fair.

The commercial fishing industry in my district is the second largest on the east coast, but it's suffering from a lot of the stress and strains that other areas of the economy is, increased fuel costs, catch limitations and the economic slump in general.

Now this infamous court in California is attempting to make things worse by forcing the EPA to make our fishermen abide by costly permits or face tens of thousands of daily fines and lawsuits. At a time when our economy is experiencing a downturn, it is critically important that Congress move both of these bills, S. 2766 and S. 3298, to protect both the recreational and commercial boating industry, and the millions of jobs that they support from unfair regulations. While S. 3298 does not go as far as I would have liked, it represents a very fair compromise.

I want to take the time again to thank Mr. Oberstar, Mr. Mica and Mr. LaTourette for their work on these issues, as well as many others in this Congress. The 2 years that we have for the exemption or the extension will give the EPA some of the time they have requested to study the issue of incidental discharges and their effect on the environment before being forced to implement regulations by a court.

While I support this legislation, I would like to clarify language in the bill that excludes fishing vessels from this temporary exemption when they are secured to a storage facility or a seafood-processing facility. It is clear this language applies to fishing vessels that are permanently secured or are at least secured for extended periods of time to a storage facility or to a seafood-processing facility, and is not meant to apply when a fishing vessel is unloading its catch at a seafood-processing facility docked at the processing facility for a short period of time or stored at the facility during the off season.

With that, I would like to again thank Chairman Oberstar, Ranking Member Mica, Mr. LaTourette and all the others who have worked so hard on this. I especially want to thank Mr. Taylor. We had many early morning meetings, but we got a lot accomplished.

Madam Speaker, I rise in strong support of H.R. 2452, the Sewage Overflow Right-to-Know Act.

Last year, nearly 250,000 gallons of partially treated sewage leaked from the Asbury Park, New Jersey, sewer treatment plant into the Atlantic Ocean threatening beach goers for miles down the shore. It was the result of a broken pipe that went undetected for over 6 hours. Fortunately, no one got sick and the environment did not suffer any long term consequences. But that is not always the case.

The EPA estimates approximately 900 billion gallons of untreated sewage enter our waterways each year, sickening nearly 3.5 million people annually.

That is why I was pleased to join with Representative Bishop to introduce H.R. 2452, the Sewage Overflow Community Right-to-Know Act. This commonsense legislation will help keep the public safe from waterborne illness by requiring sewer operators to put in place monitoring systems to detect overflows and to promptly notify the public in the event of an overflow. While some States and localities have strong notification programs in place already, the majority do not. Establishing a minimum standard for public notification is the right thing to do.

H.R. 2452 makes sewer operators eligible for existing grant funds and loans to help defer the cost of implementing monitoring and notification programs, and it provides flexibility to States that already have these critical programs in place.

I want to thank the National Association of Clean Water Agencies and American Rivers for working with Chairman Oberstar and Ranking Member Mica to make improvements to this legislation. The bill before us today represents a good compromise between all interested parties.

I want to thank Chairman Oberstar, Ranking Member Mica, Chairwoman Johnson, and Ranking Member Boozman for their assistance and support. I also want to thank Jon Pawlow on Mr. Mica's Staff, Ryan Seiger on Mr. Oberstar's staff, and Mark Copeland on Mr. Bishop's staff for their tremendous effort. I urge all members to support this common-sense measure.

Madam Speaker, I rise today to recognize Commander Clayton Diamond for his service to the United States House of Representatives and for his twenty four years of service to our country in the United States Coast Guard. CDR Diamond was assigned as Legislative Counsel in the Office of Coast Guard Congressional and Governmental Affairs in May 2006. As Legislative Counsel, he worked directly with the Coast Guard's congressional authorizing committees and was responsible for coordinating the service's advocacy efforts, resulting in enactment of the Coast Guard Authorization Act and other Coast Guard legislative priorities. In my roles on the Coast Guard and Maritime Transportation Subcommittee and in numerous other venues, my staff and I have often relied on CDR Diamond's knowledge and understanding of domestic and international legal matters, as well as operational missions, and roles and responsibilities of the United States Coast Guard.

CDR Diamond enlisted in the Coast Guard in 1984 to attend the Naval Academy Preparatory School in Newport, RI, from which he graduated in 1985. He received his commission from the United States Coast Guard Academy in 1989, where he earned his Bachelor of Science Degree in Management. He also earned his Master of Science Degree in Management from Rennsaelar Polytechnic Institute in 1995, and his Juris Doctor Degree from Case Western Reserve University School of Law in 2000. He served as a 2006-2007 Seminar XXI Fellow for the prestigious Massachusetts Institute of Technology's Center for International Studies.

CDR Diamond's afloat assignments include Commanding Officer, USCGC BAINBRIDGE ISLAND, homeported in Sandy Hook, NJ, and tours as a deck watch officer aboard the High Endurance Cutters SHERMAN and GALLATIN, homeported in Alameda, CA and Governor's Island, NY, respectively. During these afloat tours of duty, CDR Diamond conducted operations in the Atlantic and Pacific Oceans, and the Bering and Caribbean Seas. As Commanding Officer of BAINBRIDGE ISLAND, CDR Diamond was On-Scene Commander during the early hours of the 1996 crash of Trans World Airlines Flight 800. His other operational assignment included serving as Deputy Incident Commander (for Operations) for the Coast Guard Atlantic Area Incident Management Assist Team. During these operational assignments, Commander Diamond participated in the seizure of over $300 million in illegal drugs, the interdiction of hundreds of illegal migrants in the Caribbean, the execution of numerous heavy weather search and rescue cases, and the boarding of numerous foreign fishing vessels in Alaska.

His previous assignments ashore include Coast Guard Liaison Officer to the U.S. State Department (where he served on the U.S. Delegation to the United Nation's International Maritime Organization, and negotiated key security and environmental protection instruments), Principal Assistant District Legal Officer for the Ninth Coast Guard District, Aide to the Superintendent of the Coast Guard Academy and instructor in the Academy's Professional Studies Department.

CDR Diamond is admitted to practice law by the Ohio Bar and, in 2002, was the first Coast Guard lawyer selected to support the Department of Defense's military commissions, where he assisted in preparing prosecution cases for some of the most significant terror suspects in U.S. custody. He has also served as an adjunct faculty member at the Defense Institute for International Legal Studies since 2000 and has conducted numerous maritime safety, security, and law enforcement executive seminars to senior foreign government and military officials throughout Asia, Africa, and Europe. CDR Diamond was appointed and served as a Special Assistant United States Attorney for the Nor-them District of Ohio (2002-2004). In 2002, CDR Diamond was chosen by the American Bar Association as the ``Outstanding Young Military Lawyer''. In addition to being formally recognized by the Department of Defense's General Counsel for his work on military commissions, he has also earned several State Department ``Superior Honor Awards'' for his work on the interagency teams that developed the President's National Strategy for Maritime Security (NSMS) and the Secretary of State's International Outreach Strategy for the NSMS, as well as for diplomatic efforts relating to international maritime security. The National Oceanic and Atmospheric Administration also awarded him the ``General Counsel's Award'' for his work on international environmental protection agreements. His personal military awards include two Meritorious Service Medals, two Coast Guard Commendation Medals, the Joint Service Achievement Medal, and the Coast Guard Achievement Medal.

This week, CDR Diamond will leave his post and retire after 24 years of honorable service to the Coast Guard and the Nation. It has been my pleasure to work with CDR Diamond, and on behalf of all who have also been fortunate to work with him, he will certainly be missed. We wish CDR Diamond, his wife Sharon, and his two children, Katelyn and Alexander, the best in all of their future endeavors.

Madam Speaker, as per the requirements of the Republican Conference Rules on earmarks, I secured the following earmarks in H.R. 5658.

Requesting Member: Congressman Frank LoBiondo (NJ-02).

Bill Number: H.R. 5658.

Account: Air Force, Military Construction, Air National Guard.

Legal Name of Requesting Entity: 177th Fighter Wing.

Address of Requesting Entity: 400 Langley Road, Egg Harbor Township,

I want to thank Mr. LaTourette.

Mr. Oberstar, let me thank you and Mr. Cummings for your very thoughtful approach to these critically important issues, and to Mr. Mica and Mr. LaTourette for your diligence in these areas.

Mr. Chairman, I appreciate your consideration of this important issue, and Mr. LaTourette's thoughtful approach to making sure that we do not have a chilling effect on the future development of LNG in our country. It would effectively block the construction of a widely supported plant that is just north of my district that could definitely help provide much needed relief for home heating costs.

The bill I believe would also have the potential to undermine our security by not the allowing the Coast Guard to determine the personnel and assets necessary to escort LNG shipments. This should be a decision by the Coast Guard. I believe they are best able to do this, and the LaTourette amendment represents a very reasonable and realistic compromise which will give the Coast Guard the flexibility they

need to ensure the security of LNG shipments as well as to deal with the other potential threats in our ports and waterways. I strongly urge all members to support the amendment.

Madam Speaker, I was not present in the House chamber for votes on April 14, 2008, as well as for part of the day on April 15, 2008, as I was visiting American servicemen and women in Afghanistan. If I were present for votes on these days. I would

have voted ``yea'' on rollcall No. 183, ``yea'' on rollcall No. 184, ``yea'' on rollcall No. 185, ``nay'' on rollcall No. 186, ``nay'' on rollcall No. 187, and ``yea'' on rollcall No. 188.

Mr. Speaker, I rise here today in support of a resolution honoring and recognizing the work of the Meals on Wheels Association of America, its member senior nutrition programs throughout the country, and their annual March for Meals campaigns.

This resolution recognizes the important work Meals on Wheels does in preventing senior hunger and improving the quality of life for hundreds of thousands of our Nation's seniors. It also encourages Members of Congress to support their local senior nutrition programs by delivering meals to homebound seniors in a community within their district or State.

The Meals on Wheels Association of America recently concluded its annual March for Meals campaign. March for Meals is a national campaign during the month of March to raise awareness of senior hunger and to encourage action on the part of local communities. The month of March was chosen because it was during this month the law was enacted that included senior meal programs in the Older Americans Act.

An important part of March for Meals is Mayors for Meals Day, where mayors and elected officials from across the Nation deliver meals for their local Meals on Wheels programs. On March 19, 2008, a new record was set when 1,084 U.S. mayors and elected officials joined together to deliver meals to seniors.

I have proudly participated in past Meals on Wheels Association of America's ``March for Meals'' events and witnessed first hand both the need for these important programs and the incredible dedication of their staff and volunteers. I encourage each of you to get involved with your local programs--whether you help prepare meals, deliver meals, or just join local seniors in enjoying their meals--your support can make a difference.

I also encourage you to join me in supporting this resolution which will give the Meals on Wheels Association of America and its member programs the honor and recognition they so richly deserve.

Mr. Speaker, I rise today to urge my colleagues to support H. Res. 335, which expresses the sense of the House of Representatives with respect to lung cancer as a public health priority and the recommendations of the Lung Cancer Progress Review Group of the National Cancer Institute. I would also like to take this opportunity to thank Rep. Lois Capps for introducing this important resolution and for her continued efforts on behalf of those affected by lung cancer.

As many of us know all too well, lung cancer remains the leading cause of cancer death for both men and women in the United States. While overall advancements in cancer research, treatment, and detection in recent years provide great hope, there is still much to do, especially in the field of lung cancer. The 5-year survival rates have risen significantly for breast, prostate, and colon cancer, but unfortunately, the gains for lung cancer remain modest at best.

For my family and me, these statistics are all too real. In April 2006, my father-in-law, Joseph L. Ercole, was diagnosed with non-small cell adenoma carcinoma stage Ill-b and 9 months later, on February 11, 2007, he died from lung cancer. While his story is not unique, it brought to my attention the need to shine a spotlight on this disease. Clearly, a coordinated and comprehensive research effort, like those used to tackle other cancers, is needed to achieve significant increases in lung cancer survivability rates and prevent other families from suffering the same loss.

H. Res. 335, like S. Res. 87 passed by the Senate in August, clearly states our goals--to have lung cancer declared a public health priority and to reduce the lung cancer mortality rate by 50 percent by 2015--and a pathway to achieve it. Working together these goals can become reality.

I urge my colleagues in the House to join us in this fight and pass H. Res. 335

Mr. Speaker, I rise today to urge my colleagues to support H.R. 1483, which includes legislation to extend the authorization of the New Jersey Coastal Heritage Trail Route. I would first like to take this opportunity to thank my colleagues in the New Jersey delegation for their continued support of this extension. I would also like to thank Chairman Rahall, Ranking Member Young and their staff for their support and guidance.

Established by Congress in 1988, the New Jersey Coastal Heritage Trail incorporates the very best of what the great State of New Jersey has to offer to the rest of the Nation. The Trail unifies New Jersey's many scenic points of interest. These points of interest include a wealth of environmental, historic, maritime and recreational sights found along New Jersey's coastline, stretching 300 miles from Perth Amboy in the north, Cape May in the extreme southern tip of the State and Deepwater to the west.

The Trail's area includes three National Wildlife Refuges, four tributaries of a Wild and Scenic River system, a Civil War fort and National cemetery, several lighthouses, historic homes, and other sites tied to southern New Jersey's maritime history. Through a network of themes and destinations, the New Jersey Coastal Heritage Trail connects people with places of historic, recreational, environmental and maritime interest.

One exciting aspect of the Trail is its focus on maritime history. There is a rich story to be told about the industries once sustained by the Delaware Bay, such as whaling, shipbuilding, crabbing and the harvesting of oysters. While we often define our Nation's history through military or political milestones, the Trail will serve to remind visitors that maritime-dependent commerce was a major factor in the growth of the United States.

``Eco-tourism'' along the Trail has proven to be a huge success. There is an abundant variety of natural habitats and species to be found on the Trail. Whale and dolphin watching have become extremely popular, and bird lovers from throughout the country, and in fact around the world, are realizing what Southern New Jersey residents have known all along: our region is unmatched for observing migratory birds, ospreys and bald eagles.

The Trail has also helped to foster important partnerships between the Federal government and individuals, groups, corporations, State and local governments. Since the Trail began, these partnerships have resulted in additional funding amounting to almost double the investment of the Federal government.

Legislation reauthorizing the Trail was included in S. 203, the National Heritage Areas Act of 2006, which the President signed into law in October of 2006. S. 203 requires a strategic plan for the Trail to be prepared ``Not later than 3 years after the date on which funds are made available.'' Unfortunately, under S. 203, the Trail is only reauthorized through September 30, 2007.

The language pertaining to the Trail included in H.R. 1483 has the support of the entire New Jersey Congressional delegation. It would extend the authorization of the Coastal Heritage Trail Route in New Jersey until September 30, 2011. This would allow for adequate time to complete the required strategic plan, which will explore opportunities to increase participation by private and public interests, as well as organizational options for sustaining the Trail. S. 1039, a bill containing language very similar to the Trail language in H.R. 1483, was introduced in the Senate in March.

Since its inception, the New Jersey Coastal Heritage Trail has not only helped New Jersey residents develop pride, awareness, experience with, and understanding of our coastal resources and their history, it has encouraged visitors to explore this area, bringing with them much needed tourism dollars. The extension of the authorization contained in H.R. 1483 will allow the Trail to continue and flourish. I urge my colleagues in the House to support this legislation.

Madam Speaker, I rise today to commend Mr. Pinky Kravitz on his long and distinguished service to his community, and congratulate him on 50 years as an on-air radio talk show host in Atlantic City.

Starting his career on WLDB 1490AM and airing weekdays during the mid-afternoon, his first show was called ``Pinky's Pool Party.'' Three years later, Pinky would move to his current home on WOND 1400AM, where for the last 47 years he has hosted his talk show at various times and locations across Atlantic County. For the past 28 years, he has broadcast live from Atlantic City's famed casinos including the Hilton, which is the current home of ``Pinky's Corner.''

A respected radio personality and dedicated community servant, Pinky has interviewed all of New Jersey's governors since 1974, all of the state's sitting U.S. Senators for the past 35 years, and myself on countless occasions--always with class and character. Without question, Pinky is an institution in southern New Jersey. On behalf of the House of Representatives and the residents of New Jersey, I would like to personally congratulate Mr. Pinky Kravitz who has entertained and informed his faithful listeners for five decades.

Mr. Chairman, I rise in strong support of the Inslee amendment.

This amendment would restore a ban on taking polar bear parts and importing them into the United States, a ban that was in place for 22 years. As Mr. Inslee indicated, it was right around the end of last year when the Secretary of Interior and U.S. Fish and Wildlife service surprised many of us by proposing to list the polar bears as threatened under the Endangered Species Act. They have now taken public comments and must issue a final decision by December, 2008. At the very least, stemming the tide of polar bear imports, imports, I stress, until this decision is made makes sense.

Those who oppose the amendment would like to use the argument that this is all about restricting the right to hunt. It is not. If it were, I would not be standing here in support of it. I remember fondly, with my dad, my cousins, my uncles, hunting as a young man, and I don't believe this restricts the right of hunting.

So I would ask my colleagues to think seriously about the importance of this amendment and to give it their utmost consideration and strong support.

Mr. Chairman, I offer an amendment.

Mr. Chairman, I rise today to strongly support this amendment. This amendment would simply put in $1 million and then take back out $1 million for the purpose of directing the administrator of the Agency for Toxic Substance and Disease Research to use these funds to conduct initial long-term testing of children exposed to mercury from mercury-contaminated industrial sites.

Last July, I learned that a daycare center in my district had been opened mistakenly on a site that was previously used by a thermometer manufacturer. The manufacturer had a history of mercury contamination and had not properly cleaned up the site.

The mercury contamination of this site was so egregious that parents spoke of their children coming home from the daycare center with bubbles of mercury clinging to their backpacks. As a result of this, the children who innocently played on the grounds of the daycare center were diagnosed with mercury levels much higher than normal and suffered symptoms of mercury poisoning, such as headaches, sleeping problems and rashes.

As you may know, mercury is a potent neurotoxin that can affect the nervous system.

Mr. Chairman, reclaiming my time, I thank the chairman and Mr. Tiahrt.

I would just like to point out that this incident demonstrated that children can, unfortunately, be exposed to mercury from contaminated industrial sites. The amendment will help ensure that funding will be available for any Member in any district that this may take place.

Mr. Chairman, I yield back the balance of my time.

Offered By: Mr. LoBiondo

Amendment No. 24: Page 89, line 13, after the first dollar

amount, insert ``(increased by $1,000,000) (reduced by

$1,000,000)''.