Paul Gillmor

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I thank my distinguished chairman for yielding me this time, and I want to thank Chairman Oxley and Chairman Bachus, as well as Mr. Hensarling and Mr. Frank, for their diligence on this critical piece of legislation. There is little doubt that our regulatory structure has contributed to the United States becoming the model for the world when it comes to financial services. But without the constant attention to the burdens of outdated rules and regulations, our markets can be dragged down by unnecessary costs. I am pleased to see that the bill incorporates my compromise with Ranking Member Frank regarding so-called industrial loan companies. It remains my belief that these institutions need to be reined in, and that the historic wall separating banking from commerce has to remain strong. There is no reason to treat one type of financial institution, an ILC, in a more favorable way than we treat other financial institutions. So I think if this bill reaches the President's desk, which I hope it will, we have helped ensure that our depository institutions remain the most efficient in the world.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I thank the chairman and rise in strong support of the bill. Mr. Speaker, as a father and a grandfather I am often reminded of the dangers that surround my loved ones. Specifically the growing threat that sexual predators pose to our Nation's children and their families represents an area where our criminal justice system has fallen behind the public need. In order to effectively protect our loved ones, we must provide the American public with unfettered access to know who these dangerous criminals are and where they are living. If a picture is worth a thousand words, than a comprehensive nationwide publicly accessible database is worth at least that many lives. I was pleased that Chairman Sensenbrenner included provisions from my bill, H.R. 95, that would create a national, comprehensive, and publicly accessible sex offender database into this comprehensive piece of legislation. Additionally, I feel that it is important to have consistency not only with a national registry, but also in how offenders are classified. Currently each State classifies offenders differently according to the risk that they pose to the community. The result is inconsistent and unreliable classifications across state lines. I was pleased that the chairman saw the need to address this issue, and I appreciate him working with me to include a provision to study the merits of a national risk-based classification system that could be integrated into the national sex offender database. Furthermore, I was delighted at the level of bipartisanship that both my bill and today's legislation have received and I would like to personally thank Mr. Pomeroy from North Dakota for his leadership and support. Also, I would like to extend my gratitude to organizations such as the Big Brothers and Big Sisters of America and the Safe Now Project for the help and cooperation that they provided throughout this process. Mr. Speaker, today we must come together to make certain that our children grow up in a safe and secure environment and that parents are unafraid to let their children play in their neighborhood because they have the information they need to protect them. Knowledge is power, and today we have an opportunity before us to supply the American public with the tools necessary to protect themselves, their family, and their friends against those that would commit these heinous crimes. I urge all of my colleagues to cast their vote in support of this legislation and collectively answer the American public's call to provide them with additional resources to combat these predators before another life is lost and tragedy befalls another family.

Mr. GILLMOR

Mr. GILLMOR. Madam Speaker, as an original co-sponsor of H.R. 32, I am proud to rise in support of this important legislation. Each year, counterfeit manufactured goods cost American companies billions in lost revenue and exacerbate the global challenges that this sector of our economy already face on a daily basis. Madam Speaker, in my district alone, manufacturing accounts for 50 percent of all jobs. This legislation will make a significant impact in ensuring that northwest Ohio's long and vibrant manufacturing history is not lost as a result of criminal actions designed to make a quick profit and deprive consumers of high-quality manufactured goods. Finally, I want to thank my colleague from Michigan, Mr. Knollenberg, for his leadership on this legislation as well as my colleague from Wisconsin, the distinguished Chairman of the Judiciary Committee, Mr. Sensenbrenner, for ushering it to the floor just two weeks before National Manufacturing Week is set to kickoff. Madam Speaker, I would urge all of my colleagues to show their support for the manufacturing community by voting in favor of this legislation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, today I pay tribute to a good friend of Northwest Ohio. In October of this year, the great city of Atlanta, Georgia received a gift of one of Ohio's adopted sons. After 25 years in radio, including more than a dozen years in Toledo, Denny Schaffer has become one of the newest Georgia Peaches. A native of Flint, Michigan, Denny Schaffer dominated the Toledo radio market since his debut in 1993. After hosting the ``Breakfast Club'' on 92.5 KISS-FM for 10 years, Denny moved to 1370 AM WSPD's afternoon talk show. His biting commentary and political knowledge made Denny Schaffer one of the most listened to radio personalities in Toledo. I had the privilege of appearing on Denny Schaffer's radio show on numerous occasions. Every time I was interviewed by Denny, I found him to be fair and knowledgeable of the political climate both in Northwest Ohio and in Washington. I know that Denny's quick wit and sharp mind will entertain the people of Atlanta and keep Georgia's politicians on their toes. A frequent Fill-In Host for the nationally syndicated Glenn Beck Show, Denny's reputation in radio precedes him to Atlanta. Denny's devotion to God, his Family and his Country will serve the Atlanta listeners of WGST Radio well. For more than a decade, Denny has hosted charity events and encouraged his loyal fans to give freely to those in need. However, Denny's devotion as a loving husband and father is the best gift he can give. I am certain that Denny's legacy as a giving and big-hearted person will follow him to Atlanta. I joined the thousands of saddened Northwest Ohioans this past August in learning that Denny Schaffer would no longer grace our airwaves. But we consider Denny our gift to the citizens of Georgia and know that they will be well served, and certainly entertained, by his commentary, his humor, and his ability to avoid FCC rebuke. Mr. Speaker, I ask my colleagues to join me in paying special tribute to an adopted Ohioan, Denny Schaffer. On behalf of the people of the Fifth District of Ohio, I am honored to recognize Denny's efforts to better our community. His impact on Northwest Ohio will remain in our minds long beyond his departure and we wish Denny, his wife Sharon, and their children Olivia and Joshua all our best in the future.

Mr. GILLMOR

Mr. GILLMOR. I want to thank the gentleman for yielding, and I rise in support of this bill. Mr. Speaker, for the last 10 years, Federal involvement in brownfields cleanup and redevelopment has been increasing, particularly since our Nation's mayors know that brownfields redevelopment efforts are proven, results-driven programs that have changed the way contaminated property is managed. What once began as an administrative pilot program has now blossomed into a major Federal grant program. Simply having a brownfield, though, is no guarantee that the land will be cleaned up and redeveloped. When I introduced the legislation in 2001 that has now become our country's primary brownfields law, a major component of that measure was ensuring that Federal grant money was available to seed the development of those run-down properties. In fact, next to lingering liability concerns, the largest barriers that cities face when trying to acquire and redevelop contaminated brownfields sites was their lack of access to adequate and affordable capital to carry out critical brownfields activities. This bill does not create a new program, but rather builds on an existing administrative program at HUD. H.R. 280 will increase access to brownfields redevelopment funds for America's more distressed and smaller communities through the Brownfields Economic Development Initiative; and, more importantly, it will couple this money with Federal expertise on community redevelopment projects. Brownfields are both as a result of private and government activity, and in almost every case the activity which now needs to be cleaned up was legal when it was done. But it is important that we provide the resources so that we can redevelop these sites and bring back the jobs that once existed there.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I rise in support of the bill. Mr. Speaker, I rise today to thank Chairman Hobson and Ranking Member Visclosky for their diligent efforts in bringing the Energy and Water Appropriations bill to the floor. This legislation contains many important provisions for our Nation, including significant funding for dealing with spent nuclear fuel, including funding for the Yucca Mountain repository. I want to thank the chairman for being a leader in nuclear issues, and for moving forward aggressively to deal with the spent fuel issue. Regarding Yucca Mountain specifically, the funding level is lower than the $651 million requested by the House Energy and Water Appropriations Subcommittee, but I understand this lower funding is a result of some challenges facing the project. With nuclear waste being stored at approximately 100 sites around the Nation, it is important to move to a central repository as soon as feasible. I want to continue to see that this project moves forward and I look forward to when the Energy and Commerce Committee holds oversight hearings to ascertain the project's recent progress as well as DOE's plan for moving ahead at Yucca Mountain. I urge all of my colleagues to vote for this very important legislation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I appreciate the gentleman from Texas for yielding. I rise in support of the rule, rise in support of the bill, and I also want to note that government-sponsored enterprise reform is way overdue, and it does pose a systemic risk to our financial system. Also I want to commend Chairman Oxley, Chairman Baker and also Ranking Member Frank for all of the work they have put into bringing this bill to this point. Mr. Speaker, I would like to discuss briefly an amendment that I had offered that was adopted by the committee by voice vote back in May. That amendment adds an important disclosure requirement to ensure that shareholders are fully informed on the charitable giving practices of Fannie Mae and Freddie Mac. The language would authorize the Federal Housing Finance Agency to require that Fannie Mae and Freddie Mac make publicly available each year the total value of contributions made to nonprofit organizations during the previous fiscal year, and it would also request specific disclosures on donations to insider-affiliated charities. The housing GSEs, Fannie Mae and Freddie Mac, were established by congressional charter and give special privileges to provide a service to the American people by creating a secondary mortgage market and increasing liquidity. Given their unique status and responsibility to improve access to the housing market, it is both their shareholders' and the public's right to know how these profits are being spent.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my privilege to pay tribute to a special organization in Ohio's Fifth Congressional District. This October, the Montcalm School for Girls at Starr Commonwealth's Van Wert campus celebrates its first anniversary celebration. Mr. Speaker, Starr Commonwealth has been nationally recognized for serving thousands of children, families and professionals throughout America. For nearly a century, the dedicated staff of Starr Commonwealth has committed themselves to diffusing violence, healing racism and developing positive environments in the children which they serve. With five locations in Michigan and Ohio, Starr Commonwealth operates dozens of programs for troubled youth and their families. By instilling the core values of integrity, excellence, compassion and faith, Starr Commonwealth has been effective at redirecting misdirected children across our nation. In 1951, Floyd Starr expanded Starr Commonwealth to a campus outside of Van Wert in Ohio's Fifth Congressional District. Staff members at the Van Wert campus help boys with social, emotional and behavioral problems as they attempt to turn their lives around. In addition, the school is celebrating its one-year anniversary of operating the Montcalm School for Girls. The Montcalm School provides residential treatment for young women who have experienced abuse, depression, behavioral or academic problems. The services provided by Starr Commonwealth and the Montcalm School are good for our children and good for our society. Students who attend the Montcalm School have fallen off the path in life and need our assistance to become productive members of society once again. These students have engaged in activities which warrant our attention but they also possess a passion to be rehabilitated. By attending the Montcalm School, students are provided with a therapeutic environment to allow them to grow as individuals and avoid a life of delinquency. The school boasts a 95 percent success rate and has given back to our society those who had before been forgotten. Mr. Speaker, it is not everyday that we can recognize programs which provide such an important service to our community as Starr Commonwealth. In Van Wert, citizens of the Fifth District have committed to protecting and rehabilitating our children through the Montcalm School. Mr. Speaker, I ask my colleagues to join me in paying special tribute to Starr Commonwealth for its commitment to a better America. As all who benefit from Starr Commonwealth gather to celebrate the one-year anniversary of the Montcalm School, I am confident that the services provided in Van Wert will continue to better our society into the future.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I yield back.

Mr. GILLMOR. Mr. Speaker, I thank the gentleman for yielding me time. I rise in support of the rule and in support of H.R. 250. I would like to commend the gentleman from New York (Mr. Boehlert) and also my colleague, the gentleman from Michigan (Mr. Ehlers), for their leadership on this very important issue. On August 1, I had the opportunity to host the Manufacturing Roundtable in my district with assistant secretaries from the Departments of Commerce and Labor, Al Frink and Emily DeRocco. During this event we listened to the concerns of a wide variety of manufacturers, large and small, about the future of their industry. Among their main interests was the role that technology will play in keeping America competitive in the global marketplace. This industry remains vital to our standing in the world and necessitates a continued and sincere investment in the future of manufacturing. Through H.R. 250, we begin to manage a problem facing manufacturers of all sizes: the use of emerging technologies. Mr. Speaker, the government does not create jobs or grow the economy. Instead, the government can produce an environment conducive to economic growth and job creation. Thanks to sound public policy decisions such as H.R. 250, we are now able to effectively address the problems facing the manufacturing community and create the environment in which manufacturers can grow and flourish. By passing H.R. 250, Congress is producing a climate in the manufacturing industry that can yield more jobs, improve productivity, and increase our competitive advantage in the global economy. I would urge all our colleagues to support this positive and pro- growth legislation. Let us support our country's manufacturers and pass this important legislation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Chairman, I rise today in strong support of H.R. 3132, the Children's Safety Act of 2005. Mr. Chairman, as a father and a grandfather I am often reminded of the dangers that surround my loved ones. Specifically, the growing threat that sexual predators pose to our Nation's children and their families represents an area where our criminal justice system has failed the American people. In order to effectively protect our loved ones, we must provide the American public with unfettered access to know who these dangerous criminals are and where they are living. If a picture is worth a thousand words, then a comprehensive nationwide publicly accessible database is worth at least that many lives. I was pleased that Chairman Sensenbrenner included provisions from my bill, H.R. 95, that would create a national, comprehensive, and publicly accessible sex offender database into this comprehensive piece of legislation. Additionally, I was delighted at the level of bi- partisanship that both my bill and today's legislation have received and I would like to personally thank Mr. Pomeroy from North Dakota for his leadership and support. Also, I would like to extend my gratitude to organizations like the Big Brothers and Big Sisters of America and the Safe Now Project for their endorsements of H.R. 95's national database provision. H.R. 3132 directly addresses the shortcomings of our criminal justice system and aims to make our country safer and more secure from those that would prey on our most vulnerable and our most prized assets--our children. With over 500,000 registered sex offenders and countless others which remain unknown, law enforcement and corrections personnel will have additional resources at their disposal to prevent and solve these types of crimes. Additionally, this bill strengthens the criminal code for sexually violent crimes and creates more stringent regulations which convicted offenders must adhere to in order to ensure proper monitoring. Americans have heard the heart wrenching stories of innocent children being harmed by predators, and we must make every effort to ensure that tragedies like these never happen again. Mr. Chairman, today we must come together to make certain that our children grow up in a safe and secure environment and that parents are unafraid to let their children play in the neighborhood because they have the information they need to protect them. Knowledge is power, and today we have an opportunity before us to supply the American public with the tools necessary to protect themselves, their family, and their friends against those that would commit these heinous crimes. I urge all of my colleagues to cast their vote in support of this legislation and collectively answer the American public's call to provide them with additional resources to combat these predators before another life is lost and tragedy befalls another family.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, I rise in support of Subtitle B of Title XV of the conference report to H.R. 6, the Domenici-Barton Energy Policy Act of 2005. This section makes many important policy changes that aim to increase funding of and direct additional care for underground storage tanks and the leaks of regulated substances that sometimes come from them. As the Chairman of the authorizing Subcommittee for the Solid Waste Disposal Act, I have been involved in oversight of the Leaking Underground Storage Tank program for the last five years and have personally taken an interest in the writing of this particular Subtitle. I, therefore, want to make some brief comments about the provisions in Subtitle B and the reasons and intent behind them. Section 1522. Leaking Underground Storage Tanks This section is the longest surviving section of several Congresses of work on underground storage tank legislation, starting with an effort to amend this program in the 104th Congress to get more money out of the Leaking Underground Storage Tank Trust Fund and down to the states to ensure better compliance with the law. Specifically, this section amends the Solid Waste Disposal Act to direct the Administrator of EPA to distribute to States at least 80 percent of the funds from the Underground Storage Tank Trust Fund for use in paying the reasonable costs for State enforcement efforts pertaining to underground storage tanks. This limit of 80 percent should be viewed as the floor and not an allocation ceiling. The Committee understands that past congressional legislation that twice passed the House without a single vote in opposition contained an 85 percent limit, but in deference to the U.S. Environmental Protection Agency (EPA) and its Office of Underground Storage Tanks (OUST), the limit in the bill was lowered to 80 percent to allow some flexibilty for the Agency to meet its historical allocation to the States without statutorily binding OUST. In addition, this section establishes guidelines for revisions to the allocation process that the Administrator may revise after consulting with state agencies responsible for overseeing corrective action for releases from underground storage tanks. This section also contains language that flows from Section 122(g) of the comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9622(g)) and mimics the intent of the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118). In seeking a cost recovery action, the Administrator (or State) shall consider the owner or operator's ability to pay by weighing the ability of the owner or operator to pay all corrective action costs and still maintain its basic business operations, including consideration of the overall financial condition of the owner or operator and demonstrable constraints on the ability of the owner or operator to raise revenues. In requesting consideration under these provisions, the owner or operator shall promptly provide the Administrator (or State) with all relevant information needed to determine the ability to pay corrective action costs and allow for alternative payment methods as may be necessary or appropriate, if the Administrator (or state) determines that the owner or operator cannot pay all or a portion of the costs in a lump sum payment. Owners and operators are to be held fully accountable for misrepresentation or fraud and the Administrator (or State) is authorized to seek full recovery in the case of fraud or misrepresentation of all the costs for the corrective action without consideration of the factors in this section. This section addresses two other items. First, it prohibits the EPA Administrator from providing LUST Trust Fund dollars to states that have permanently diverted their underground storage tank cleanup funds to non-emergent items that are completely unrelated to underground storage tank programs. There has been concern that some states were using their underground storage tank funds to cover the costs of other state funding priorities. This provision is meant to apply prospectively and address the most egregious examples of this practice. This section also allows the EPA to withdraw approval of a State underground storage tank program that has been chronically abusive in the way it has run its program. These provisions are not in any way meant to insist on the withdrawal of approval for stats that are making best efforts to comply with Federal standards that provide for State approval, but have had some trouble. The language clearly instructs the EPA Administrator and OUST to work with States, give States leniency whenever needed, and give States every effort to make their programs work. EPA must have the ability to compel ``bad actors'' into compliance, but not to use these authorities as a weapon against States making ``good faith'' efforts. Section 1523. Inspection of Underground Storage Tanks On-site inspections are one of the best ways to ensure routine compliance with LUST program rules. This section prescribes inspection requirements for underground storage tanks. These provisions, which are consistent with the core recommendations made by the General Accounting Office, or GAO, (now the Government Accountability Office) requires, for the first time ever, that every state conduct routine inspections of every underground storage tank (UST) every three years. The language in paragraph (c)(1) of Section 1523 (a) reflects two concerns. In order to give States time to pass the appropriate state laws and hire the necessary personnel, which is essential since only 19 states currently operate UST programs that could meet this three year guideline, the provisions in this section allow the states no more than an initial 2- year ``grace period'' to start their inspection programs. During this 2-year period, the provisions establish that states must eliminate their backlog of un-inspected underground tank systems that have been out of compliance with federal regulations that became effective in 1998. This language reflects Congress's clear intent that States eliminate any backlog in the inspection of and enforcement against non-compliant tanks. This provision is intended to apply to those LUST systems in operation on or before December 22, 1998. The legislation also recognizes that States may not be in the best position to transition to immediate implementation of the requirements in this section. In fact, in a June 2000 Report to Congress on a Compliance Plan for the Underground Storage Tank Program, EPA stated that a significant number of new inspectors would need to be hired or retained and trained by EPA or the States to make meaningful inspections occur. In addition, EPA estimated a total annual cost of hiring an inspector at $70,000 and $1,000 for one month of training. Next, this section establishes a mandatory requirement that States conduct on-site inspections of every underground storage tank located within their State that is regulated under Subtitle I of the Solid Waste Disposal Act at least once every three (3) years. To aid the States in this effort, the legislation allows the States to contract with third-party inspectors to carry out these inspections. Finally, since 62 percent of the States either do not conduct regular inspections or inspect their USTs between every 4 to 10 years, the legislation allows a State to petition the U.S. EPA for a one-time grant of a one-year extension to the first mandatory three (3) year inspection cycle in order to meet the requirement of inspecting all tanks. While the language contemplates giving States every opportunity to do meaningful inspections and comply with all legal requirements, any grant of leniency must be demonstrated to EPA by the State and EPA is not required to provide the extra year. In addition, pursuant to section 9008 of the Solid Waste Disposal Act (42 U.S.C. 6991g), nothing in these provisions prevents a State that wants to have a more frequent inspection regime of their underground storage tanks from having them. Section 1524. Operator Training In its May 2001 report and subsequent testimony before the Subcommittee on Environment and Hazardous Materials, GAO stated that one of the main causes of leaks from underground storage tanks was poor operation of the tank system by owners and operators. In its recommendations to Congress, GAO suggested instituting operator- training programs as an important prevention tool against future leaks. This section instructs the Administrator, with the cooperation of the States, to publish guidelines for use by the States that specify training requirements for persons having primary responsibility for on- site operation and maintenance of underground storage tanks, persons having daily on-site responsibility for the operation and maintenance of underground storage tanks, and daily on-site employees having primary responsibility for addressing emergencies presented by a spill or release from an underground storage tank system. This comprehensive list reflects the concern that responsible persons are not only in a position to prevent leaks, but also to respond quickly once they occur. Of note, the language is clear that in designing these operator training requirements, EPA should make every effort to differentiate the types of training between those persons, like underground storage tank owners and regional managers, who require more comprehensive and involved training and those persons, such as convenience store or gasoline station clerks whose job turnover is high and responsibilities are low, where training obligations should be more basic and minimally intensive in nature. Section 1525. Remediation from Oxygenated Fuel Additives While nothing in law prevents EPA from using existing Leaking Underground Storage Tank Trust Funds to remediate fuel that contains oxygenated additives, this section recognizes the growing concern about groundwater and drinking water contamination by oxygenated fuel additives from leaking underground storage tanks. Specifically, this section creates a new dedicated authorization of Federal LUST Trust fund dollars to be used to carry out corrective actions with respect to releases of a fuel containing an oxygenated fuel additive that presents a threat to human health or welfare or the environment. Oxygenated fuel additives include, but are not limited to, methyl tertiary butyl ether, ethanol, ethyl tertiary butyl ether, TAME, and DIPE. Section 1526. Release Prevention, Compliance, and Enforcement This section authorizes funds to be used to conduct inspections, issue orders, or bring actions under this subtitle by a State to carry out State regulations pertaining to underground storage tanks under this subtitle, or by the Administrator, for tanks regulated under this subtitle. Since many persons are concerned that appropriate protective measures are being taken by the States in regards to all underground storage tank systems, whether public or private, this section establishes right-to-know reporting requirements for all government- owned tanks. In these reports, the States submit to the Administrator a list identifying the location and owner of each underground storage tank that is not in compliance with section 9003 and specifies the date of the last inspection and describes the actions that have been and will be taken to ensure compliance of the underground storage tank with this subtitle. The Administrator shall require each State that receives Federal funds to make available to the public a record of underground storage tanks under this subtitle. The Administrator shall prescribe, after consultation with the States, the best manner and form to make available and maintain this record, considering the most practical and efficient means to maintain its intended purpose. This section also establishes incentives for performance measures that may be taken into consideration in determining the terms of a civil penalty under Section 9006 of the Solid Waste Disposal Act. Section 1527. Delivery Prohibition Testimony received by the Subcommittee on Environment and Hazardous Materials has stated that the use of a delivery prohibition, by States, against habitually non-compliant tanks has been the most effective enforcement tool in motivating underground storage tank owners and operators into resolving outstanding problems with their systems. This section of the bill makes it unlawful, two (2) years after the date of enactment, to deliver, deposit into, or accept a regulated substance into an underground storage tank at a facility that has been identified as ineligible for fuel delivery or deposit. EPA is required to work with States and underground storage tank owners and product delivery industries before prescribing minimum guidelines for how this delivery prohibition is supposed to work. In prescribing the minimum guidelines, the EPA Administrator is required to address how to determine which tanks are ineligible for delivery, deposit, or acceptance of a regulated substance under the LUST program; the mechanisms for identifying which underground tanks are ineligible for delivery, deposit, or acceptance of a regulated substance under the LUST program; the process for reclassifying previously ineligible underground storage tanks as eligible for delivery, deposit, or acceptance of a regulated substance under the LUST program; one or more processes for giving notice to product delivery industries and to underground storage tank owners and operators that an underground storage tank or underground storage tank system is ineligible for delivery, deposit, or acceptance of a regulated substance under the LUST program; and a process for figuring out which areas might not be subject to the delivery prohibition. This language is intended to give the EPA Administrator the flexibility to work with and help states that otherwise meet these criteria and have successfully operated delivery prohibition programs to continue to do so. In addition, this section requires States without such delivery prohibition programs to meet these minimum criteria in order to receive funding. Section 1528. Federal Facilities In 1992, Congress enacted the Federal Facilities Compliance Act to send a clear signal to Federal departments and agencies that they should not hide behind claims of sovereign immunity in order to avoid compliance with State and local environmental requirements. This section further reinforces the point that the Federal government must be as protective of the environment and responsive to public health laws at all levels of government as private citizens are. This section also revises requirements for Federal agencies with jurisdiction over underground storage tanks or systems, or engaged in any activity that may result in specified actions regarding such tanks or regulated substances related to them, including release response activities. Specifically, these agencies need to report to Congress on their compliance with UST requirements. This section also waives claims of sovereign immunity with respect to substantive or procedural State requirements. Finally, this section continues the President's authority to exempt any Federal tank from compliance with such requirements if the exemption is in the ``paramount interests of the United States.'' Section 1529. Tanks on Tribal Lands Recognizing the unique governmental relationship between the Federal government and sovereign tribal governments and their tribal lands, this section seeks to protect persons on these lands in similar ways to protection requirements in other States. Specifically, this section instructs the Administrator, in coordination with Indian tribes, to develop and implement a strategy, giving priority to releases that present the greatest threat to human health or the environment, to implement and take necessary corrective actions in response to releases from leaking underground storage tanks on tribal lands, and to report within two (2) years to Congress on the status of these programs on tribal lands. Section 1530. Additional Measures to Protect Groundwater More recently, information has become public that has identified the causes of leaks from underground storage tanks and suggested ways to creatively address these sources of leaks. One of these sources, a draft study, which covered 22 States, was released by the U.S. Environmental Protection Agency (EPA) in August 2004 showed that of all new releases at new and upgraded UST sites, 54 percent were due to improper installation and physical or mechanical damage to UST parts and 12 percent were due to corrosion. Though EPA has not used its existing authority to administratively require secondary containment, some States (22) have implemented their own laws requiring this feature or tertiary containment. On top of some technical feasibility questions, barriers to some States enactment of secondary containment requirements include costs, since installing a secondarily contained system costs about $27,000-$32,420 or about 20 percent more than an installed, single walled tank system. Additional concerns are impacts on businesses with underground storage tanks because it renders an underground tank system out of service for 21 days. To address the helpfulness of this groundwater protection device as well as allow states to contemplate other matters raised by groundwater professionals and the petroleum equipment industry, this section allows a State to choose between either secondary containment requirements or installer and manufacturer requirements. If a State chooses secondary containment, then any new installation of an underground storage tank that is within 1,000 feet of community water system or potable water well must be secondarily contained. In addition, any tank or piping that is replaced on an underground storage tank that is within 1,000 feet of a community water system or potable water well must be secondarily contained. Repairs to an underground storage tank system, as defined by EPA, do not trigger any secondary containment requirements and gasoline dispensers must also be addressed as part of the secondary containment strategy. If a State chooses installer and manufacturer certification as well as financial responsibility requirements, this section requires tank installers and manufacturers to follow professional guidelines for tank products or comply with one of the new statutory requirements that are similar to subsections (d) and (e) of 40 CFR 280.20. In addition, this section requires installers and manufacturers maintain evidence of financial assurance to help pay corrective action costs that are directly relatable to a faulty tank part or installation. The lone exception to the financial assurance requirement is where a tank owner or operator, who already maintains evidence of financial responsibility under Section 9003 of the Solid Waste Disposal Act, is also the installer or manufacturer of the underground storage tank. With respect to the financial responsibility option, the conference report references the existing financial responsibility authority contained in section 9003(d) of the Solid Waste Disposal Act that applies to owners and operators. It is the intent of this legislation that all of the authorities and flexibilities contained in 9003(d) would apply to underground storage tank installers and manufacturers in the same way that they currently apply to owners and operators of underground storage tanks. Section 1531. Authorization of Appropriations In order to avoid the creation of unfunded mandates, this section authorizes appropriations for FY 2005 through 2009. Specifically, this section authorizes $50 million per fiscal year from the General Treasury to cover administrative expenses and those areas in the bill that are not specifically authorized to receive direct appropriations from the Leaking Underground Storage Tank Trust Fund. In addition, from the Leaking Underground Storage Tank Trust Fund, $1 billion (or $200 million per year) is authorized for cleanups of releases from leaking underground storage tanks, $1 billion (or $200 million per year) is authorized for the cleanup of releases of oxygenated fuel additives from leaking underground storage tanks, $500 million (or $100 million per year) for on-site inspections and enforcement, and $275 million (or $55 million per year) for delivery prohibition and State tank program disclosure and operations improvements. Of further note, the reference to Section 9508(c)(1) of the Internal Revenue Code in the newly created section 9014(2) of the Solid Waste Disposal Act should be considered to mean Section 9508(c) of the Internal Revenue Code in order to reflect changes made to Title XIII, Subtitle F, Section 1362 that creates a new Section 6430 at the end of Subchapter B of Chapter 65--amending Section 9508(c) by striking the existing subsection 9508(c)(2) and renumbering subsection 9508(c)(1) as subsection 9508(c).

Mr. GILLMOR. Mr. Speaker, I thank the gentleman for yielding me time. I am very pleased to rise in support of this bill, and I want to commend the gentleman from Texas (Mr. Barton) for the outstanding job he did as chairman of the conference committee. It was about the most fair and open process that I have seen, and I think it has contributed to the success of this report. We are long overdue for a good national energy policy. We need to increase fuel supply. We need to encourage conservation. We need to encourage the use of renewable fuels, and we need to increase the reliability of our electrical grid. This bill does all of that and much more. Mr. Speaker, I rise in support of the conference report to H.R. 6 and urge all my colleagues to do the same. In addition, I want to commend Chairman Barton and Energy Subcommittee Chair Hall for their dedication and hard work in making this bill a reality. A good national energy policy needs to address the issue from many aspects. It should, I think, deal with increased supply, with conservation, and with increased use of renewable fuels. It should also deal with improvements in the delivery systems for energy, including the reliability of our electrical grid. This bill makes significant improvement in all of the areas, plus more. This bill is not perfect, but it steps our country in the right direction. Certainly, anyone of us could have written an energy bill that we liked, but getting it to the President's desk is another story. The worst type of legislation, in my opinion, is the kind you cannot get a majority to support. Like it or not, an energy has to be about understanding our past legacy, solidifying our present reality, and preparing for our future destiny. I believe this conference report achieves those three goals. Plenty will be said today about the many provisions contained in this conference report, I would only like to take a brief moment to address two of them that directly impact our nation's past, present, and future energy history: leaking underground storage tanks and state energy production tax credits. Regarding LUST, or the Leaking Underground Storage Tank program, I am pleased that H.R. 6 contains language to help states more aggressively tackle the problems of leaking fuel in their groundwater. Currently, the Federal government has collected gasoline taxes of over $2 billion to provide cleanup. In reality, however, not much more than the interest on yearly receipts is actually used. We must reverse this trend. H.R. 6 contains many new requirements that I believe will make our underground tank programs more effective and efficient and our environment safer and healthier. Specifically, this conference report requires at least 80 percent of all dollars appropriated from the LUST Trust Fund to be sent to the States for operation leaking underground tank programs. It provides increases in State funding from the LUST Trust Fund for States containing a larger number of tanks or whose leaking tanks present a greater threat to groundwater. H.R. 6 also requires onsite inspections of underground storage tanks every three (3) years after a brief period for the state to update its backlog. In addition, the conference report establishes operator-training programs, where they do not already exist, institutes a specific new funding category to cleanup tank-related releases of oxygenated fuel additives in gasoline, like MTBE, prohibits Federal facilities from exempting themselves from complying with all Federal, State, and local underground tank laws, and asks States to submit an annual inventory to the U.S. EPA detailing the number of regulated tanks in its state and which of those tanks are leaking. Finally, and most importantly, this legislation allows states to stop deliveries of fuel to non-compliant regulated tanks in order to achieve legal enforcement. These are all strong improvements that not only meet with the spirit, if not the letter of recommended by the General Accounting Office, but most of these same provisions have previously passed the House. I urge their support. Another item I feel worthy of my colleagues' support is a measure protecting our states' abilities to enact laws providing incentives for energy production. When we are trying to encourage energy production, we should not pit good environmental protection against the retention of good jobs. My state has opted for tough, expensive, new equipment standards on its coal-fired electricity plants and has coupled that with the encouragement of good paying coal jobs. This effort though is in jeopardy because the law is murky enough to make it subject to accusations of Commerce Clause violations. Removing this cloud of uncertainty will further contribute to our nation's energy security, environmental protection, and growing economy. H.R. 6 contains a section that mirrors legislation that I introduced clarifying that a state may provide a tax credit for in-state electricity production from coal technologies. Such a credit is considered to be a reasonable regulation of commerce in accordance with the Commerce Clause of the U.S. Constitution, further encouraging states to move forward and take advantage of their respective resources spurring new and cleaner energy production. I am happy we were able to provide greater protection for the Great Lakes.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my privilege to pay tribute to a special company in Ohio. This year, Cedar Point Amusement Park's Hotel Breakers in Sandusky, Ohio will celebrate one-hundred years of dedicated service. Mr. Speaker, Cedar Point Amusement Park in Sandusky, Ohio is one of the oldest and most renowned entertainment complexes in the United States. Founded in 1870, Cedar Point has succeeded in providing family entertainment for over 135 years. Opening on June 12, 1905 to a flurry of excitement, the Hotel Breakers welcomed more than five thousand visitors to its grand opening showcasing a hotel complete with running water, quite a feat for 1905. In addition to its state of the art amenities, the Hotel Breakers included a decor influenced by the elegance of the chateaus of France. When the Hotel Breakers welcomed its first guests, rooms ranged from $1 to $2 per night and a meal cost only 35 cents. While today's prices may have risen, the Hotel now offers over 650 rooms, three pools, a deli, coffee shop, pizzeria and restaurant. Throughout its long history, the Hotel Breakers has also welcomed some of our country's finest guests. Among its accomplished guest list, the Hotel Breakers has welcomed Annie Oakley, Abbott and Costello, John Philip Sousa, and six U.S. presidents. Throughout its many updates, much of the early twentieth-century charm has remained, including the stained-glass windows, designed by Louis Buser of Tiffany's and which continue to grace the lobby. With its history, and newer amenities such as sitting areas, an arcade and three gift shops, the Hotel Breakers is much more than a night's stay, it is an experience. Mr. Speaker, the real success of the Hotel Breakers comes not only from the elegance of its facilities, but from its employees. The management and staff of the Hotel Breakers have indeed provided their guests with the service and dependability that are expected of a first- class resort. The staff's attention to service, boundless enthusiasm and loyalty to the history of the hotel continues to make the Hotel Breakers a world class hotel. Mr. Speaker, I ask my colleagues to join me in paying special tribute to the employees and the legacy of Cedar Point's Hotel Breakers. As all who benefit from this fine establishment gather to celebrate its one- hundredth anniversary of service, I am confident that the good people of Sandusky, Ohio, will continue the successes of the Hotel Breakers into the future.

Mr. GILLMOR

Mr. GILLMOR. Madam Speaker, I yield back the balance of my time.

Mr. GILLMOR. Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I rise in strong support of H.R. 1812, the Patient Navigator Outreach and Chronic Disease Prevention Act of 2005. After the House passed similar legislation last fall, I would like to commend the initiative of the gentleman from Texas (Chairman Barton) in bringing H.R. 1812 before us again for consideration. I was very pleased to be a cosponsor of that bill last year, and I want to commend both the gentleman from New Jersey (Mr. Menendez) and the gentlewoman from Ohio (Ms. Pryce) for their sponsorship of the legislation this year. H.R. 1812 authorizes a 5-year demonstration program to evaluate the use of patient navigators. Patient navigator programs provide outreach to communities to encourage more individuals to seek preventative care and coordinate health care services for individuals who are at risk for or have a chronic disease. Specifically, the legislation requires trained individuals, or ``patient navigators,'' to coordinate health care services and provider referrals, facilitate involvement of community organizations to provide assistance to patients, facilitate enrollment in clinical trials, help ensure prompt diagnostic care and treatment, and to coordinate with health insurance programs and conduct ongoing outreach to rural or health disparity populations for preventative care. H.R. 1812 authorizes a total of $25 million over a 5-year period to conduct the demonstration project. Furthermore, this measure will be particularly helpful to sprawling districts such as my own in northwest Ohio, in which patients must drive or be driven by friends or family long distances for basic medical care and services. Madam Speaker, I again urge my colleagues to join me in supporting H.R. 1812. Madam Speaker, I reserve the balance of my time.

Mr. GILLMOR. Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 1812, as amended.

Mr. GILLMOR. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1812) to amend the Public Health Service Act to authorize a demonstration grant program to provide patient navigator services to reduce barriers and improve health care outcomes, and for other purposes, as amended.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my great pleasure to pay special tribute to one of Ohio's finest educators. After thirty-three years, Dr. Jeffrey C. Keller is retiring from the Dublin City School District. Dr. Keller, who for three decades has directed the Dublin Coffman High School instrumental music program, has been a leader in education and an inspiration to the community. Raised in Prospect, Ohio, Dr. Keller began his career at Dublin High School in 1972, after earning his bachelor's degree from The Ohio State University. After three years, Dr. Keller returned to The Ohio State University where he earned his Masters and Doctoral degrees. After his graduate education, Dr. Keller returned to Dublin as director of music education, a position he has held ever since. For more than 30 years, bands under Dr. Keller's direction have enjoyed a superior reputation in the State of Ohio. He has shared countless hours developing the talents and enjoyment of music in each of his students. For his efforts, Dr. Keller was recognized with the 2002 Ohio Music Educators' Association's Ohio Music Educator of the Year Award. In addition, Dr. Keller has been recognized by Capital University and Prescott High School in Arizona for his education and performance clinics. Dr. Keller was also awarded The School of Music Society of Alumni and Friends Award by his alma mater, The Ohio State University, for excellence in teaching in the music education division. Beyond his deep commitment to the students of Dublin Coffman High School, Dr. Keller has also given greatly of himself to the community. As a result of his efforts as a community leader, Dr. Keller has been a recipient of the Dublin A.M. Rotary Signature Award, the Dublin Jaycees Golden Shamrock Award and the ``God and Country'' Music Award from the Greater Columbus Area Salvation Army. Mr. Speaker, I ask my colleagues to join me in paying special tribute to Dr. Jeffrey C. Keller in recognition of his superlative service to the students, parents and friends of the Dublin Coffman Music Education Program. On behalf of the people of the Fifth District of Ohio, I am proud to recognize his many accomplishments. We wish Jeff, his wife Gail, and their daughter Kristany, all the best as we salute one of Ohio's finest citizens.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my great pleasure to pay special tribute to an outstanding young man from Ohio's Fifth Congressional District. I am happy to announce that Daniel R. Borcherdt of Archbold, Ohio has been offered an appointment to attend the United States Military Academy at West Point, New York. Daniel's offer of appointment poises him to attend the United States Military Academy this fall with the incoming cadet class of 2009. Attending one of our nation's military academies is an invaluable experience that offers a world-class education and demands the very best that these young men and women have to offer. Truly, it is one of the most challenging and rewarding undertakings of their lives. Daniel brings an enormous amount of leadership, service, and dedication to the incoming class of West Point cadets. While attending Archbold High School in Archbold, Ohio, Daniel has attained a grade point average of 3.80, which places him near the top of his class of more than one hundred students. While a gifted athlete, Daniel has maintained the highest standards of excellence in his academics, choosing to enroll and excel in Advanced Placement classes throughout high school. In addition, Daniel has earned awards and accolades as a scholar and an athlete. Outside the classroom, Daniel has distinguished himself as an excellent student-athlete. On the fields of competition, Daniel has excelled in Varsity Basketball where he was selected as First-Team All Ohio. Daniel's dedication and service to the community and his peers has proven his ability to excel among the leaders at West Point. I have no doubt that Daniel will take the lessons of his student leadership with him to West Point. Mr. Speaker, I ask my colleagues to join me in congratulating Daniel R. Borcherdt on his appointment to the United States Military Academy at West Point. Our service academies offer the finest military training and education available anywhere in the world. I am sure that Daniel will do very well during his career at West Point and I ask my colleagues to join me in wishing him well as he begins his service to the nation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my great pleasure to pay special tribute to an outstanding young man from Ohio's Fifth Congressional District. I am happy to announce that Quinten S. Wise of Waterville, Ohio has been offered an appointment to attend the United States Military Academy at West Point, New York. Quinten's offer of appointment poises him to attend the United States Military Academy this fall with the incoming cadet class of 2009. Attending one of our nation's military academies is an invaluable experience that offers a world-class education and demands the very best that these young men and women have to offer. Truly, it is one of the most challenging and rewarding undertakings of their lives. Quinten brings an enormous amount of leadership, service, and dedication to the incoming class of West Point cadets. While attending Anthony Wayne High School in Whitehouse, Ohio, Quinten has attained a grade point average of 3.95, which places him near the top of his class of more than three hundred students. While a gifted athlete, Quinten has maintained the highest standards of excellence in his academics, choosing to enroll and excel in Advanced Placement classes throughout high school. Quinten has been a member of the National Honor Society, Honor Roll, and has earned awards and accolades as a scholar and an athlete. Outside the classroom, Quinten has distinguished himself as an excellent student-athlete. On the fields of competition, he has earned letters in both Varsity Football and Baseball. Quinten has served as class president for four years and was selected as a 2004 delegate to the American Legion's Boys State. Quinten's dedication and service to the community and his peers has proven his ability to excel among the leaders at West Point. I have no doubt that Quinten will take the lessons of his student leadership with him to West Point. Mr. Speaker, I ask my colleagues to join me in congratulating Quinten S. Wise on his appointment to the United States Military Academy at West Point. Our service academies offer the finest military training and education available anywhere in the world. I am sure that Quinten will do very well during his career at West Point and I ask my colleagues to join me in wishing him well as he begins his service to the nation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my great pleasure to pay special tribute to an outstanding young man from Ohio's Fifth Congressional District. I am happy to announce that Bradley J. Marzec of Rossford, Ohio has been offered an appointment to attend the United States Air Force Academy in Colorado Springs, Colorado. Bradley's offer of appointment poises him to attend the United States Air Force Academy this fall with the incoming cadet class of 2009. Attending one of our Nation's military academies is an invaluable experience that offers a world-class education and demands the very best that these young men and women have to offer. Truly, it is one of the most challenging and rewarding undertakings of their lives. Bradley brings an enormous amount of leadership, service, and dedication to the incoming class of Air Force cadets. Bradley is a 2004 graduate of Saint Francis de Sales High School in Toledo, Ohio. While attending St. Francis, Bradley was an honor student in addition to serving as a church youth group volunteer. Since his graduation from St. Francis, Bradley has been preparing to attend the Academy by attending the Air Force Academy Preparatory School in Colorado Springs, Colorado. Outside the classroom, Bradley has distinguished himself as an excellent student-athlete. On the fields of competition, Bradley earned his Varsity letter in Wrestling where he was named team captain in his junior year and has been a decorated champion. Bradley's dedication and service to the community and his peers has proven his ability to excel among the leaders at the Air Force Academy. I have no doubt that Bradley will take the lessons of his student leadership with him to Colorado Springs. Mr. Speaker, I ask my colleagues to join me in congratulating Bradley J. Marzec on his appointment to the United States Air Force Academy in Colorado Springs, Colorado. Our service academies offer the finest military training and education available anywhere in the world. I am sure that Bradley will do very well during his career at the Air Force Academy and I ask my colleagues to join me in wishing him well as he begins his service to the Nation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Speaker, it is my great pleasure to pay special tribute to an outstanding young man from Ohio's Fifth Congressional District. I am happy to announce that Dustin A. Nedolast of Fostoria, Ohio has been offered an appointment to attend the United States Air Force Academy in Colorado Springs, Colorado. Dustin's offer of appointment poises him to attend the United States Air Force Academy this fall with the incoming cadet class of 2009. Attending one of our nation's military academies is an invaluable experience that offers a world-class education and demands the very best that these young men and women have to offer. Truly, it is one of the most challenging and rewarding undertakings of their lives. Dustin brings an enormous amount of leadership, service, and dedication to the incoming class of Air Force cadets. While attending Saint Wendelin Catholic High School in Fostoria, Ohio, Dustin has attained a 3.8 grade point average which places him near the top of his class. While a gifted athlete, Dustin has maintained the highest standards of excellence in his academics. Dustin has been a member of the National Honor Society, earned scholastic First Honors for four years, and has earned awards and accolades as a scholar and an athlete. Outside the classroom, Dustin has distinguished himself as an excellent student-athlete. On the fields of competition, Dustin has earned letters in Varsity Wrestling, Football and Baseball. Dustin has served as class representative during his junior year in high school as well as Senior Class President. Dustin's dedication and service to the community and his peers has proven his ability to excel among the leaders at the Air Force Academy. I have no doubt that Dustin will take the lessons of his student leadership with him to Colorado Springs. Mr. Speaker, I ask my colleagues to join me in congratulating Dustin A. Nedolast on his appointment to the United States Air Force Academy in Colorado Springs, Colorado. Our service academies offer the finest military training and education available anywhere in the world. I am sure that Dustin will do very well during his career at the Air Force Academy and I ask my colleagues to join me in wishing him well as he begins his service to the nation.

Mr. GILLMOR

Mr. GILLMOR. Mr. Chairman, I offer an amendment.

Mr. GILLMOR. Mr. Chairman, I rise to make a point of order.