E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

SENATE—Monday, June 23, 2008

The Senate met at 3 p.m. and was Mr. AKAKA thereupon assumed the AMERICAN HOUSING RESCUE AND called to order by the Honorable DAN- chair as Acting President pro tempore. FORECLOSURE PREVENTION ACT IEL K. AKAKA, a Senator from the State OF 2008 of Hawaii. f The ACTING PRESIDENT pro tem- pore. Under the previous order, the PRAYER RECOGNITION OF THE MAJORITY Senate will resume consideration of LEADER The Chaplain, Dr. Barry C. Black, of- the House message to accompany H.R. fered the following prayer: The ACTING PRESIDENT pro tem- 3221, which the clerk will report. Let us pray. pore. The majority leader is recog- The legislative clerk read as follows: O God, our Father, when we are far nized. from You, we are unhappy. Remove A message from the House of Representa- tives to accompany H.R. 3221, an act to pro- from our lives anything that would f vide needed housing reform and for other keep us from being close to You. purposes. Today, may our Senators feel Your SCHEDULE Pending: presence and abide in Your wisdom. Provide them with solutions to prob- Mr. REID. Mr. President, following Reid (for Dodd/Shelby) amendment No. 4983 the remarks, if any, from the two lead- (to the House amendment striking section 1 lems that have eluded the powers of through title V and inserting certain lan- human reason. Lord, make Your pur- ers, the Senate will resume consider- ation of the House message to accom- guage to the Senate amendment to the bill), poses clear to them so that they may of a perfecting nature. run and not be weary. As they sur- pany H.R. 3221, the housing reform leg- Bond amendment No. 4987 (to amendment render themselves more completely to islation. As has been announced ear- No. 4983), to enhance mortgage loan disclo- You, let the light of Your peace shine lier, there will be no rollcall votes sure requirements with additional safeguards in their hearts. Make their thoughts today. The next vote will occur tomor- for adjustable rate mortgages with an initial and feelings what they ought to be as row morning around 11 a.m. That vote fixed rate and loans that contain prepay- they strive to live worthy of Your love. will be on a motion to invoke cloture ment penalty. on the Dodd-Shelby substitute with re- Dole amendment No. 4984 (to amendment Lord, watch over them and their loved No. 4983), to improve the regulation of ap- ones, both now and in the years to spect to the housing reform legislation. praisal standards. come. Senators will have until 11:30 a.m. to- Sununu amendment No. 4999 (to amend- We pray in Your loving Name. Amen. morrow to file amendments to the sub- ment No. 4983), to amend the U.S. Housing f stitute. Act of 1937 to exempt qualified public hous- This week, we expect to turn to the ing agencies from the requirement of pre- PLEDGE OF ALLEGIANCE consideration of the emergency supple- paring an annual public housing agency plan. The Honorable DANIEL K. AKAKA led mental appropriations bill and the Kohl amendment No. 4988 (to amendment the Pledge of Allegiance, as follows: No. 4983), to protect the property and secu- FISA legislation, and, of course, we rity of homeowners who are subject to fore- I pledge allegiance to the Flag of the need to consider moving to the Medi- closure proceedings. United States of America, and to the Repub- care Improvements for Patients and The ACTING PRESIDENT pro tem- lic for which it stands, one nation under God, Providers Act that Senators BAUCUS indivisible, with liberty and justice for all. pore. The majority leader is recog- and GRASSLEY are negotiating. nized. f Mr. President, in short, we have f APPOINTMENT OF ACTING FISA, the supplemental, housing, and PRESIDENT PRO TEMPORE Medicare that we need to focus on. FISA AMENDMENTS ACT OF 2008— The PRESIDING OFFICER. The When we finish those this week, I think MOTION TO PROCEED clerk will please read a communication there will be an opportunity for us to Mr. REID. Mr. President, I now move to the Senate from the President pro leave. We do have to vote on a number to proceed to Calendar No. 827, H.R. tempore (Mr. BYRD). of judges whom we have indicated we 6304, the Foreign Intelligence Surveil- The legislative clerk read the fol- would vote on, and we are going to try lance Act. lowing letter: to do those tomorrow afternoon. We The ACTING PRESIDENT pro tem- U.S. SENATE, think that can be accomplished. Right pore. The motion is debatable. PRESIDENT PRO TEMPORE, after the caucus, we can start voting CLOTURE MOTION Washington, DC, June 23, 2008. on those judges. Mr. REID. Mr. President, I send to To the Senate: the desk a cloture motion. Under the provisions of rule I, paragraph 3, f The ACTING PRESIDENT pro tem- of the Standing Rules of the Senate, I hereby pore. The clerk will report. appoint the Honorable DANIEL K. AKAKA, a RESERVATION OF LEADER TIME Senator from the State of Hawaii, to perform The legislative clerk read as follows: the duties of the Chair. The ACTING PRESIDENT pro tem- CLOTURE MOTION ROBERT C. BYRD, pore. Under the previous order, the We, the undersigned Senators, in accord- President pro tempore. leadership time is reserved. ance with the provisions of Rule XXII of the

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a member of the Senate on the floor.

13307 VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13308 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 Standing Rules of the Senate, hereby move seen great stress laid upon the provi- ments as an example of executive au- to bring to a close the debate on the motion sion in the House measure that the ex- thority. to proceed to Calendar No. 827, H.R. 6304, the clusive means for wiretapping will be Second, the Supreme Court review of FISA Amendments Act of 2008. provided by the statute. But that does the Terrorist Surveillance Program Sheldon Whitehouse, Patty Murray, Max and habeas corpus has been inadequate. Baucus, Tim Johnson, Ken Salazar, not stop the President from asserting Barbara A. Mikulski, John D. Rocke- his authority under article II of the In the Detroit case, the Federal court feller, IV, Herb Kohl, Robert P. Casey, Constitution. finding the Terrorist Surveillance Pro- Jr., Daniel K. Inouye, Mary Landrieu, The Foreign Intelligence Surveil- gram unconstitutional was appealed to Blanche L. Lincoln, Mark L. Pryor, lance Act of 1978 has a similar provi- the Sixth Circuit. After lengthy delays, Dianne Feinstein, Thomas R. Carper, sion of exclusivity, but that did not the Sixth Circuit reversed the Detroit Joseph Lieberman, Claire McCaskill. stop the President from initiating the Federal court on the grounds of lack of Mr. REID. Mr. President, I suggest Terrorist Surveillance Program which standing. Then, again, after months of the absence of a quorum. was kept secret for years from the Con- delay, the case went to the Supreme The ACTING PRESIDENT pro tem- gress. The President has a sound con- Court of the United States which, pore. The clerk will call the roll. stitutional argument that you cannot again, denied certiorari. The legislative clerk proceeded to amend the Constitution by statute; The issue of standing has sufficient call the roll. you cannot take away the President’s flexibility, as demonstrated by the dis- The ACTING PRESIDENT pro tem- constitutional authority by a statute, sent in the Sixth Circuit, that the Su- pore. The Senator from Pennsylvania but it is up to the courts to strike the preme Court could have taken up the is recognized. balance and to make that determina- issue. The question on the Terrorist Mr. SPECTER. Mr. President, I ask tion. Surveillance Program presents the unanimous consent that further pro- Regrettably, Congress and the efforts sharpest conflict of our era on the ceedings under the quorum call be re- which we have made have, I submit, clash between the President’s author- scinded. been totally insufficient. We have had ity under article II as Commander in The ACTING PRESIDENT pro tem- the so-called signing statements as an Chief and the authority of Congress to pore. Without objection, it is so or- expansion of executive authority, and enact statutes, as we did under the dered. Congress has been unable to assert its Foreign Intelligence Surveillance Act Mr. SPECTER. Mr. President, I have authority under the Constitution on of 1978. sought recognition to address the the legislation we send to the Presi- Similarly, on habeas corpus, notwith- issues on legislation which is coming dent. The Constitution is plain. Each standing the Rasul decision, the Court of Appeals for the District of Columbia from the House of Representatives House passes legislation. There is a in Boumediene essentially disregarded amending the Foreign Intelligence Sur- conference report, and it is sent to the the holding of the Supreme Court in veillance Act. President and presented. Then the Rasul when the Circuit Court for the The issues on which the Senate will President has the option of either sign- District of Columbia said the decision vote on the House bill involve very fun- ing or vetoing. by the Supreme Court turned on a stat- damental questions of constitutional But a practice has arisen in the past, utory interpretation. rights versus the war on terrorism. We very extensively used by this adminis- Habeas corpus is provided for in two have legislation which has come from tration, to put in signing statements the House of Representatives which ways under our law: No. 1, it is de- which are at material variance—that scended from the Great Writ, the would grant retroactive immunity to really directly contradict what is in Magna Carta, of 1215, and it is em- the telephone companies on a showing the legislation. There may be some jus- bodied in our constitutional law as that the companies receive written re- tification for a signing statement on made plain by Justice Stevens in quests from the Government saying the some minor matters on an administra- Rasul. And there is also a statutory program was legal. tive level, but in my formal statement provision for habeas corpus. In the At the outset, I recognize the tele- I go into a couple of examples on a con- Military Commissions Act, the Con- phone companies as good citizens. But troversy on enhanced interrogation, or gress modified the statutory provision, the test of whether what has been done so-called torture, which passed the and the Court of Appeals for the Dis- is legal is not determined by the asser- Senate 90 to 9. trict of Columbia saw fit to say that tion by the Government to the tele- In a celebrated meeting between Sen- once the statute was changed, habeas phone companies that the program is ator MCCAIN and President Bush, they corpus didn’t apply—really flying in legal. That determination can only be reached a compromise. Then when the the face of what the holding was in made by the courts on evaluation of legislation went to the President, the Rasul. congressional authority under article I, President issued a signing statement Finally, a protracted period of time which has been exercised in the For- saying that he had the authority to later, in Boumediene, the Supreme eign Intelligence Surveillance Act of disregard it under his powers as Com- Court reinstated habeas corpus as it 1978, since amended, contrasted with mander in Chief, article II authority. was bound to do based upon the clear the President’s article II powers as In a similar vein on the PATRIOT holding of Rasul and the long history Commander in Chief. That test has not Act re-authorization, we put in restric- of the issue. been waived. tions on what the law enforcement offi- Congress has similarly been ineffec- I submit the historians will look cials could do, negotiated with the ad- tive in curtailing executive authority back upon the period of time from 9/11 ministration, signed into law by the in the National Security Act of 1947, to the present and beyond as the great- President, and again a statement was which requires the President to notify est expansion of executive authority in made that if the President chose to ex- the intelligence committees of both the history of the country. I believe ad- ercise his constitutional authority, ar- the House and Senate, and for pro- ditional law enforcement tools were ticle II power, he felt free to do so. tracted periods of time the executive necessary. In my capacity as the chair- I introduced legislation to give the branch ignored that requirement. Only man of the Judiciary Committee, I led Congress standing to go to court to when the confirmation of General Hay- the fight for the PATRIOT Act re-au- challenge these signing statements. den as Director of CIA came up was thorization on this floor to give law en- The legislation has not gotten very far there some compliance with that re- forcement broader power. because of the impossibility of over- quirement. But, at the same time, I have ex- riding a veto and because of the con- The Judiciary Committee, during my pressed my deep concern that there be cern as to whether the constitutional tenure as chair, sought to bring in the a determination by the courts as to standard of the case and controversy telephone companies, sought to issue whether the warrantless wiretapping is would be met. So here we have the un- subpoenas to find out what the tele- valid under the Constitution. We have fettered practice of these signing state- phone companies were undertaking. On

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We do not know what is that vital intelligence gathering could con- made because the telephone companies, going to come next. tinue with appropriate oversight. In the unlike the executive branch, unlike the So that any time there is a balance 109th and 110th Congresses, I introduced sev- President—the telephone companies do as to what we ought to do, because of eral versions of the National Security Sur- not have executive privilege. the value which I think is present from veillance Act (first introduced on March 16, Similarly, the Senate defeated my this data-mining and the work done by 2006), the Foreign Intelligence Surveillance amendment on the Foreign Intel- the telephone companies, I think it Improvement and Enhancement Act (with ligence Surveillance Act which would Senator Feinstein, first introduced on May ought to be maintained. But where we 24, 2006), and the Foreign Intelligence Sur- have substituted the Government for have an option of doing it in a con- veillance Oversight and Resource Enhance- the telephone companies as the parties stitutional way, either by sunshine or ment Act (first introduced on November 14, defendant. There was a way that the by submitting it to the court, that is 2006). telephone companies could have been the preferable course of conduct. There has to be a check and balance. The recognized for their good citizenship I ask unanimous consent that the Congress has been totally ineffective, and held harmless by having the Gov- full text of a detailed statement sum- punting to the courts and then seeking to ernment step into their shoes. But that marizing my position and a draft limit the courts’ authority as the House of amendment was defeated. Representatives is now doing. The problem is amendment be printed in the RECORD compounded by the fact that the Supreme I submit the case for this determina- so my colleagues will have an oppor- Court had ducked and delayed deciding tion has a very important dimension tunity to review both my written where the line is between Congressional au- beyond the customary doctrine of sepa- statement and my oral presentation of thority under Article I and presidential au- ration of powers because we are asked the proposal for an amendment which I thority under Article II. to give retroactive immunity to some- intend to offer when the bill comes up. Let me document the ineffectiveness of thing while we don’t even know on the There being no objection, the mate- Congress: record the full import of what is in- rial was ordered to be printed in the (1) Signing Statements: The constitution is volved. The warrantless wiretapping, explicit that Congress sends legislation to RECORD, as follows: the president who has only two options: sign the data mining by the telephone com- FLOOR STATEMENT ON FISA or veto. Instead on key provisions limiting panies is known only to some Members The Senate is coming to a critical vote on executive authority, including Senator of Congress. It is not known to the pub- our duty to exercise our most fundamental McCain’s amendment—adopted 90 to 9 in the lic. I intend to offer an amendment constitutional obligation on separation of Senate—to ban ‘‘cruel, inhuman or degrad- which will require that the district powers: to strike the appropriate balance be- ing’’ treatment of any prisoner held by the court—the House bill now lodges juris- tween the war against terrorism and pro- United States, and the new PATRIOT Act diction in the district court to make tecting civil rights. We are asked by the sections requiring audits and Congressional the determination on the legality of House of Representatives to approve their reporting to ensure the FBI does not abuse its terrorism-related powers to secretly de- FISA—my amendment will call for the bill on amending the Foreign Intelligence Surveillance Act, a bill which gives retro- mand the production of records, the Presi- district court to make the determina- active immunity to the telephone companies dent has signed the Congressional present- tion as to whether what has been done that facilitated warrantless surveillance, but ment and then issued a statement asserting by the telephone companies is con- does not require a judicial determination his Article II power to ignore those limita- stitutional. that the government’s program was con- tions. The ultimate vote on this matter is a stitutional. My legislation to give Congress standing to tough one. There are quite a number of It is totally insufficient to confer immu- challenge the constitutionality of those sign- provisions in the House bill which are nity merely because the companies received ing statements has gone nowhere because of protective of civil liberties. I have de- written requests from the government say- three factors: (1) The disinclination of Con- ing the program was legal. While it is true gress to challenge the president in the con- tailed them in my formal written that the standard of review has been changed text of getting blamed if there were another statement. So when I come to a bal- from ‘‘abuse of discretion’’ to ‘‘substantial terrorist attack; (2) the virtual impossibility ance as to voting for the bill or not, my evidence’’ in this bill, the real question is of overriding a veto; and (3) the doubts by a inclination is to vote in favor of the ‘‘substantial evidence’’ of what? Only that few that such legislation would satisfy the bill because of the importance of the the President authorized the program and constitutional requirements of the case and ongoing activities of the telephone the government sent written requests to the controversy. companies, notwithstanding my deep companies assuring them it was legal. The (2) Requiring Supreme Court Review of the concern for civil rights. But there is a court is not required to find that the re- TSP and Habeas: The efforts to get a Su- quests were lawful, or that the surveillance preme Court ruling on the constitutionality much better alternative, and that itself was constitutional. of the Terrorist Surveillance Program were much better alternative would have The provision that the legislation will be ducked by the Supreme Court. The ruling of been to have substituted the Govern- the exclusive means for the government to the U.S. District Court in Detroit holding ment for the telephone companies as wiretap is meaningless because that specific the Terrorist Surveillance Program uncon- the party defendant or, now, to submit limitation is in the 1978 Act and it didn’t stitutional was reversed by the 6th Circuit the question of constitutionality to the stop the government from conducting the on a 2–1 vote on lack of standing and the Su- district court. warrantless Terrorist Surveillance Program preme Court denied certiorari. The doctrine My vote was misunderstood on the with the telephone companies’ assistance. of standing has enough flexibility, as dem- Military Commissions Act. When I had The bill leaves the President with his posi- onstrated by the dissent in the 6th Circuit, tion that his Article II powers as commander to have enabled the Supreme Court to take led the fight to retain habeas corpus in in chief cannot be limited by statute. That is up the most fundamental clash between Con- that bill, it was defeated 51 to 48—but a sound constitutional argument, but only gress and the president in our era, if the Su- we later voted for the bill because of the courts can ultimately decide that issue, preme Court had the courage to do so. its recognition of the applicability of and this bill dodges the issue by limiting ju- The Supreme Court acted almost as badly the Geneva Conventions and other im- dicial review. on the habeas corpus issue in initially deny- portant parts of the bill. I said at the The constitutional doctrine of separation ing certiorari on the D.C. Circuit’s decision time that because of the severability of powers has been mangled since 9/11. I be- in Boumediene, which ignored the plain lan- clause, the Supreme Court of the lieve that, decades from now, historians will guage in Rasul confirming that habeas cor- look at the time between 9/11 and the present pus was a constitutional right, not just one United States would reinstate habeas as the greatest expansion of unchecked exec- based on legislation which Congress had corpus—which, of course, in the past utive power in the history of the country. I changed. Only when confronted with the couple of weeks, we know the Supreme believe that much, if not most, of that power overwhelming evidence on the inadequacy of Court has done. was necessary to fight terrorism and I led the Combat Status Review Tribunals did the

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Mr. Presi- The Congress was remedy-less to do any- violate the Foreign Intelligence Surveillance dent, Floridians are hurting—fore- thing when the President ignored the Na- Act, the National Security Act of 1947, and tional Security Act of 1947 which requires the presentment clause of the constitution closures are skyrocketing. According notification of programs like the Terrorist and then receive a Congressional pardon. It to one estimate, at the end of March Surveillance Program to the House and Sen- is especially galling since Congress could 2008, Florida had nearly 200,000 prop- ate Intelligence Committees. It was only both protect the telephone companies by erties in foreclosure. In the first quar- when the administration needed the con- substitution and allow the lawsuits to go for- ter of 2008, Florida had the second firmation of General Michael Hayden to be ward or authorize their continuance by my highest total of foreclosures, nation- Director of the CIA that any effort at com- amendment. wide—up 17 percent from the previous I also intend to vote for the bill regardless pliance was made. quarter and 178 percent from last year. (4) Subpoenas for Telecoms: My efforts as of what happens to my amendment because Chairman of the Judiciary Committee in of the other important features of the bill. It Statewide, one in every 97 households June 2006 to get information about the tele- requires prior court review of the govern- received a foreclosure filing. In May, phone companies’ warrantless wiretapping ment’s foreign-targeted surveillance proce- Cape Coral Ft. Myers, Florida, had the were obstructed by an unusual breach of pro- dures, except in exigent circumstances (the second highest foreclosure rate in the tocol by Vice President DICK CHENEY person- 7–day exception). Also, the FISA Court must Nation, with one in every 79 homes re- ally when he went behind my back to urge determine whether—going forward—the for- ceiving a foreclosure filing. This crisis other Judiciary Committee members to op- eign targeting and minimization procedures isn’t limited to subprime mortgages or satisfy the Fourth Amendment. The bill also pose my efforts to subpoena the telephone risky borrowers—it destroys the value companies which, unlike the administration, requires prior, individualized court orders could not plead executive privilege. based on probable cause for U.S. persons of entire communities. The ripple ef- (5) Military Commissions Act: Congress when they are outside the country. And, the fect translates into big losses for the has been docile, really inert, in failing to bill requires a comprehensive Inspector Gen- State’s economy—an estimated $35.9 push back on the executive’s encroachment eral review of the Terrorist Surveillance billion decrease in home value and tax on our authority. My amendment to retain Program. base in Florida. habeas corpus in the Military Commissions I know that this nuanced position of fight- I rise to discuss a bipartisan amend- Act was defeated 48–51. Meanwhile, the ing retroactive immunity and then voting ment that have filed with my colleague Graham-Levin amendment to the National for the bill will be misunderstood because of from Minnesota, Senator COLEMAN. Defense Authorization Act for Fiscal Year the complexity of the issues and the subtle- 2006 passed by the shocking vote of 84–14 de- ties of my rationale. This amendment provides common- spite the fact that it was drafted overnight, I have been similarly misunderstood in my sense relief to homeowners trying to had no hearing and virtually no debate with castigation of the provisions eliminating stay in their homes and avoid fore- my having only two minutes to speak in op- statutory habeas corpus and court-stripping closure. position. On its face the amendment stripped in the Military Commissions Act and then Current law imposes a 10 percent pen- the Supreme Court of jurisdiction by vesting voting for the bill. I did so, and gave my con- alty for individuals choosing to make exclusive jurisdiction with the District of temporaneous reasons, because the Act con- an early withdrawal from their retire- tained many important provisions, such as Columbia Circuit. It would be hard to find an ment savings. There are exceptions to amendment on a more important subject implementing the Geneva Conventions in ac- given less scrutiny and passed with less cordance with the Supreme Court’s Hamdan this penalty: years ago, we allowed thought and in such haste. ruling. The Act also brought the military first time homeowners to use their re- (6) FISA Substitution Amendment: Simi- commissions within Congressional author- tirement savings to help purchase a larly, the Senate defeated my amendment to ization and the law—something the current home. Surely, we can agree that in 2008 the Foreign Intelligence Surveillance Act bill seeks to do for vital intelligence gath- we should allow homeowners to use a which would have substituted the govern- ering. I said at the time that the Supreme small portion of their savings to save ment for the telephone companies as the de- Court would strike the exclusion of habeas their home. fendants in the pending litigation. That corpus, leaving the rest of the Act intact under the severability clause, and that did Our amendment waives the 10 per- would have protected the telephone compa- cent penalty for folks wishing to make nies but left the courts to decide if the pro- happen in Boumediene. gram was constitutional. It is my hope that my colleagues in the an early-withdrawal to help avoid fore- The Senate now has the opportunity to Senate and House too would give a little closure. To be eligible for this waiver, provide for judicial review by amending the extra consideration to this issue because it is homeowners must have proof that they House Foreign Intelligence Surveillance Act past time for Congress to assert itself and at are participating in a Government or bill to authorize the U.S. District Courts to least leave the courts free to determine con- industry sponsored foreclosure preven- determine the constitutionality of the ad- stitutional rights and separation of powers. tion program, like HOPE NOW, or the ministration’s program before granting im- DRAFT AMENDMENT HOPE for Homeowners Program estab- munity to the telephone companies. lished in the bill we are considering The case for that determination has an im- In section 802(b) of the Foreign Intelligence portant extra dimension beyond separation Surveillance Act of 1978, as added by section today. This benefit is limited to 2 of powers. It involves a repugnant factor; 201 of the Act, strike paragraph (1) and insert years, and the withdrawal amount is namely, that the government had instigated the following: capped at $25,000. Taxpayers will also and maintained for many years a secret ‘‘(1) REVIEW OF CERTIFICATIONS.— have 2 years to repay what they bor- practice, the scope of which is unknown to ‘‘(A) IN GENERAL.—Except as provided in rowed from their retirement savings. the public and known only to some members subparagraph (B), a certification under sub- This amendment is fully offset. of Congress. It smacks of Star Chamber pro- section (a) shall be given effect unless the I received an email from Wayne, who ceedings from old England. Now the adminis- court finds that such certification is not sup- lives in Stuart, FL. Wayne is an Air tration insists on retroactive immunity and ported by substantial evidence provided to the House has complied. It is time the Sen- the court pursuant to this section. Force Veteran who recently lost his ate stood up and earned its reputation as the ‘‘(B) COVERED CIVIL ACTIONS.—In a covered job, and in order to try to keep his ‘‘world’s greatest deliberative body’’ and at civil action relating to assistance alleged to home, he liquidated his 401(k) savings least demonstrate some courage, if not a full have been provided in connection with an in- and paid the 10 percent penalty. The profile, by insisting on judicial review. telligence activity involving communica- housing bill we are considering today In offering an amendment for judicial re- tions that was authorized by the President gives tax credits for first time home- view, I am mindful of the importance of what during the period beginning on September 11, buyers to purchase homes, but current the telephone companies have been doing on 2001, and ending on January 17, 2007, a cer- tax law penalizes folks like Wayne, the war against terrorism from my classified tification under subsection (a) shall be given briefings. It is a difficult decision to vote for effect unless the court— who are trying their best to save their retroactive immunity if my amendment ‘‘(i) finds that such certification is not sup- home, using their own money. fails, but I will do so, just as I voted for it ported by substantial evidence provided to In many instances, a home is the when my substitution amendment failed be- the court pursuant to this section; or greatest single source of wealth for

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Americans. It makes sense to make a housing crisis, Senator NELSON and I backed securities can be a positive limited exception to allow homeowners believe that one more way we can re- market force, which increases the to use every tool available to stay in sponsibly address the housing crisis is available pool of credit for borrowers, that home, and save their greatest in- to temporarily waive this 10 percent without an accurate picture of the risk vestment. I encourage my colleagues to penalty. Given that the Tax Code involved in each mortgage security, support this amendment. waives the 10 percent penalty for early buyers have no idea whether they are Mr. COLEMAN. Mr. President, I rise withdraw from individual retirement buying a high-risk investment or a with my colleague from Florida to accounts, IRAs, for first-time home safe, secure investment. My legislation speak on behalf of our amendment to purchases, I believe that it is only fair would work to curb the excesses of the allow homeowners penalty-free use of to waive this penalty for those who secondary market, combat future at- up to $25,000 in retirement funds to want to keep their homes. tempts at deception, and protect inves- keep their house. At the end of the day, we should not tors by making securitized mortgage Before I speak to the amendment, I penalize homeowners for trying to keep investments more reliable and trust- would like to thank, first, the chair- a roof over their heads and wanting to worthy. man of the Banking Committee Sen- remain a part of the community they The inability of major corporations ator DODD and ranking member Sen- have called home. to properly assess the risk of the mort- ator SHELBY, as well as the chairman of In an effort to address a point of con- gage securities they were trading is a the Finance Committee, Senator BAU- cern raised by the distinguished Sen- problem whose effects have not been CUS and ranking member Senator ator from Connecticut when we were confined to Wall Street. To put it sim- ply: When big banks sneeze, the rest of GRASSLEY for their leadership in put- on the floor in April, Senators NELSON ting this important bipartisan housing and I are proposing that this relief be America gets a cold. By 2009, more bill together. And, I have special made available only to those home- than a trillion dollars of the subprime thanks for Senators BAUCUS and owners who participate in government mortgages originated during the hous- ing boom will reset to higher interest GRASSLEY for working with us one this or industry sponsored foreclosure pre- rates. Currently, according to the important amendment. vention programs such as the HOPE for The need to act to address the hous- Mortgage Bankers Association, 43 per- Homeowners Program and FHA Secure. ing crisis could not be more urgent. In cent of subprime adjustable rate mort- We do agree that it would make good my travels throughout my State, I gages are already in foreclosure. In my sense to ensure that lenders also do have seen how the housing crisis is home State of Maine, we are struggling their part to help homeowners keep hurting families, communities and the with falling home prices and a record their homes. economy. number of foreclosures. Some Maine And, that is why in this amendment, Just to underscore how serious this borrowers, with rising monthly pay- homeowners could only use this relief situation really is for the Minnesota ments, are unable to refinance out of in cases where the lenders also provide economy, we learned last week that their predatory loans. Small business relief. We believe that this is fair and more Minnesotans are out of work than owners, many already hurt by the eco- since 1983. We are talking about con- right. We believe that this modifica- nomic downturn, are also finding credit struction workers of which nearly 7,000 tion to our previous proposal will en- tight. The bad economic climate have lost a job during the past year. sure there is, to quote the chairman caused by the subprime credit crunch We are talking about folks like Ron ‘‘commensurate responsibility on the is roiling the stock market causing Enter and his wife whose small build- part of the lender.’’ Americans to loose billions in their ing materials business is being dev- I urge my colleagues to support this IRAs and retirement funds. astated by the housing crisis. They commonsense and much-needed amend- We need to fix this crisis before it have already significantly reduced ment and thank my colleague from gets any worse and make sure it never their workforce and warn of more cut- Florida for his great work on this happens again. Francis Bacon said that backs if the housing market does not amendment. ‘‘knowledge is power.’’ My amendment improve in order to keep their business f would give investors the knowledge to going. RESTORE CONFIDENCE IN make intelligent calculations of risk Bottom-line, our housing woes have MORTGAGE SECURITIES and, as a result, it would give them the spilled over into the rest of our econ- power to decide how much risk they omy, and as a result it is a problem Ms. SNOWE. Mr. President, I wish to could collectively handle. that is undercutting entire commu- speak to an amendment that I will Turning to specifics, my amendment nities and their families. offer which will increase the trust- creates the Federal Board of Certifi- This amendment presents a bipar- worthiness of the Nation’s mortgage cation, which would certify that the tisan solution that’s in the spirit of the security market by creating the Fed- mortgages within a security instru- cooperation demonstrated by Senators eral Board of Certification for mort- ment meet the underlying standards DODD, SHELBY, BAUCUS, and GRASSLEY gage securities. they claim in regards to documenta- on this housing package. The recent collapse of Bear Stearns tion, loan-to-value ratios, debt service During my travels and housing town and the huge losses suffered through- to income ratios, and borrowers’ credit hall forums I have held back home in out the financial industry demonstrate standards. The purpose of the certifi- Minnesota, I have met more and more a catastrophic failure to accurately as- cation process is to increase the trans- folks who are tapping into their retire- sess the dangers of imprudently made parency, predictability, and reliability ment savings in a desperate effort to subprime mortgages to the American of securitized mortgage products. Cer- keep their homes—average, hard-work- public and our financial markets. In tification would aid in creating settled ing folks such as Terri Ross, a nurse, hindsight, it appears that it was the in- investor expectations and increase who I met at a housing town hall ability to gauge risk in mortgage- transparency by ensuring that the forum in St. Cloud, where she talked backed securities that caused much of mortgages within a mortgage security about using her retirement savings to this financial turmoil. For markets to conform to the claims made by the keep her home. operate properly, it is imperative that mortgage product’s sellers. The problem is that as homeowners they have effective metrics for calcu- The proposed Federal Board of Cer- across Minnesota and the Nation use lating the level of risk securities pose tification would not override any cur- their retirement savings to save their to investors. rent regulations and would not, in any homes, they are getting hit hard with a The secondary mortgage market has way, stifle any attempts by private 10-percent early withdrawal tax pen- been a largely unregulated playground business to rate mortgage securities., alty. where poorly underwritten, low-quality This legislation would, however, create As we are on the verge of passing this loans were sold as high-quality invest- incentives for improving industry rat- bipartisan legislation to address the ment products. Although mortgage- ing practices. Open publication of the

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O’Neill for the Dis- cause of the example it sets for people carefully scrutinize the content of trict Court for the District of Colum- who come to undertake public service. mortgage products before issuing eval- bia. The President submitted his name Mr. O’Neill served on the Judiciary uations of mortgage-backed securities. last Thursday. I had tried to come to Committee for a protracted period of Significantly, the Federal Board of the floor to speak at that time but time. When Senator HATCH was the Certification would also be voluntary could not do so. Chairman, he was special counsel from and funded by an excise tax. Users I am pleased to do so now. Michael 1994 to 1996 and general counsel from could choose to pay the costs for the O’Neill has an extraordinary record. He 1997 to 1998, before he became associate board to rate their security, or they graduated summa cum laude from professor of law at George Mason Uni- could elect not to submit their product Brigham Young University and re- versity School of Law; and he served as to the board. ceived his law degree from Yale Law chief counsel and staff director for the We must quickly restore confidence School. He was editor of the Articles 2 years I served as Chairman of the Ju- in the U.S. mortgage securities if we and Book Reviews of the Yale Law diciary Committee. are to stabilize our housing markets Journal; and Articles Editor of the I do not need a resume to tell people and enable families to refinance their Yale Journal on Regulation. how competent he is and how public expensive loans. To do this, we must He served as a law clerk to Judge spirited he is and what an outstanding certify the quality and content of our David Sentelle and clerked for the Su- Federal judge he would make. mortgage securities and enable those preme Court of the United States for There have been quite a number of markets working again to create li- Justice Clarence Thomas. situations where people working on the quidity and lending. This is why it is I ask unanimous consent that his full Judiciary Committee have gone on to urgent to create the Federal Board of resume be included in the RECORD. Federal judgeships. I think it is a very Certification for mortgage securities. There being no objection, the mate- healthy thing to have that as a motiva- This legislation would create a ‘‘good rial was ordered to be printed in the tion to come for public service. People housekeeping seal of approval’’ for the RECORD, as follows: have come to serve on the Judiciary mortgage security industry and certify MICHAEL E. O’NEILL Committee, leaving jobs making half a that the mortgage products are in fact UNITED STATES DISTRICT COURT FOR THE million dollars or more for $100,000. The what they claim to be. Accordingly, I DISTRICT OF COLUMBIA public service is so important that it is call on Congress to take up and adopt Birth: 1962, Wisconsin. exemplary to give them this recogni- this commonsense amendment as expe- Legal Residence: Maryland. tion to motivate our people to come to ditiously as possible. Education: B.A., summa cum laude, Brigham Young University, 1987; J.D., Yale take these jobs. I encourage my colleagues to strong- Law School, 1990—Editor of Articles and One example I would note is Stephen ly support the creation of the Federal Book Reviews, Yale Law Journal; Articles Breyer, who was special counsel and Board of Certification. This legislation Editor, Yale Journal on Regulation. chief counsel to the Senate Judiciary will restore trust in U.S. financial mar- Employment: Law Clerk, Honorable David Committee back in 1980 for then-Chair- kets and mortgage securities which B. Sentelle, United States Circuit Judge for man TED KENNEDY. Mr. Breyer was will help American businesses and ulti- the District of Columbia Circuit, 1990–1991; then appointed on the First Circuit and mately, most crucially, American fam- Litigation Counsel, Honors Program, Appel- late Section, Criminal Division, U.S. Depart- is now on the Supreme Court of the ilies. ment of Justice, 1991–1994; Special Assistant United States. f United States Attorney, United States At- I ask unanimous consent that this torney’s Office for the District of Columbia, table be included in the RECORD show- NOMINATION OF MICHAEL E. 1993; Special Counsel, Detailee from Dept. of ing the movement of people who have O’NEILL Justice, Senate Judiciary Committee, Sen- served on the Judiciary Committee and Mr. SPECTER. Mr. President, I now ator Orrin Hatch, 1994–1996; Law Clerk, Hon- the jobs which they have taken in orable Clarence Thomas, United States Su- other Federal positions. ask consent that my next remarks be preme Court, 1996–1997; General Counsel, labeled nomination of Michael E. Senate Judiciary Committee, Senator Orrin There being no objection, the mate- O’Neill for the United States District Hatch, 1997–1998; Associate Professor of Law, rial was ordered to be printed in the Court for the District of Columbia. George Mason University School of Law, RECORD, as follows:

Date Date Name Previous position(s) Senator Nomination position nominated confirmed

Beryl Howell ...... General Counsel, U.S. Senate Judiciary Committee ... Leahy ...... U.S. Sentencing Commission ...... 1/9/2007 2/28/2007 Stephen Breyer ...... Special Counsel, U.S. Senate Judiciary Committee ... Kennedy ...... Judge, First Circuit ...... 11/13/1980 12/9/1980 ...... (Breyer Later Nominated) Associate Justice, Supreme 5/17/1994 8/3/1994 Court 1. Paul D. Clement ...... Chief Counsel, U.S. Senate Judiciary Subcommittee Ashcroft ...... Solicitor General, Department of Justice ...... 3/14/2005 6/8/2005 on the Constitution, Federalism and Property Rights. Sharon Prost ...... Chief Counsel ...... Hatch ...... Judge, U.S. Court of Appeals, Federal Circuit ...... 5/21/2001 9/21/2001 Paul Redmond Michel ...... Counsel/Administrative Assistant ...... Specter ...... Judge, U.S. Court of Appeals, Federal Circuit ...... 12/19/1987 2/29/1988 Randal Ray Rader ...... Chief Counsel, Senate Judiciary Committee, Sub- Hatch ...... Judge, U.S. Court of Appeals, Federal Circuit ...... 6/12/1990 8/3/1990 committee on the Constitution, 1981–1986 Coun- sel to U.S. Sen. Orrin G. Hatch, 1981–1988 Chief Counsel/Minority Staff Director, Senate Judiciary Committee, Subcommittee on Patents, Trade- marks and Copyrights, 1987–1988. Ralph K. Winter, Jr...... Consultant, U.S. Senate Judiciary Committee, Sub- Ervin ...... Judge, Second Circuit ...... 11/18/1981 12/9/1981 committee on Separation of Powers (1968–1972). Emory Sneeden ...... Chief Minority Counsel, U.S. Senate Judiciary Sub- Thurmond ...... Judge, Fourth Circuit ...... 8/1/1984 10/4/1984 committee on Antitrust and Monopoly (1979– 1981). Dennis W. Shedd ...... Counsel ...... Thurmond ...... Judge, District of South Carolina ...... 10/17/1990 10/27/1990 Judge, Fourth Circuit ...... (Shedd Later Nominated) Judge, Fourth Circuit ...... 5/9/2001 11/19/2002 Edward J. Damich ...... Chief Intellectual Property, Counsel for the Senate Hatch ...... Judge, United States Court of Federal Claims ...... 9/29/1998 10/21/1998 Judiciary Committee. Lawrence Baskir ...... Chief Counsel and Staff Director to the Constitu- Ervin ...... Judge, United States Court of Federal Claims ...... 1/7/1997 10/21/1998 tional Rights Subcommittee of the Senate Judici- ary Committee.

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Date Date Name Previous position(s) Senator Nomination position nominated confirmed

Reed O’Connor ...... Counsel, U.S. Senate Judiciary Committee ...... Hatch/Cornyn ...... Judge, Northern District of Texas ...... 6/27/2007 11/16/2007 Terry Wooten ...... Chief Counsel, U.S. Senate Judiciary Committee ...... Thurmond ...... Judge, District of South Carolina ...... 6/18/2001 11/8/2001 Dee Vance Benson ...... Counsel, U.S. Senate Committee on the Judiciary, Hatch ...... Judge, District of Utah ...... 5/16/1991 9/12/1991 Subcommittee on the Constitution, 1984–1986 Chief of staff, U.S. Sen. Orrin Hatch, 1986–1988. Kristi DuBose ...... Chief Counsel (1997–1999) ...... Sessions ...... Judge, Southern District of Alabama ...... 9/28/2005 12/21/2005 Henry Michael Herlong ...... Legislative Assistant ...... Thurmond ...... Judge, District of South Carolina ...... 4/9/1991 5/9/1991 Mary McLaughlin ...... Chief Counsel, Subcommittee on Terrorism, Tech- Specter ...... Judge, Eastern District of Pennsylvania ...... 3/9/2000 5/24/2000 nology and Government, Committee on the Judici- ary (1995). Patti Saris ...... Staff Counsel, U.S. Senate Judiciary Committee, Kennedy ...... Judge, District of Massachusetts ...... 10/27/1993 11/20/1993 1979–1981. Nora M. Manella ...... Counsel to the Subcommittee on the Constitution of Tunney ...... Judge, Central District of California ...... 3/31/1998 10/21/1998 the U.S. Senate Judiciary Committee (1976–1978). Brett Tolman ...... Counsel ...... Specter ...... U.S. Attorney, District of Utah ...... 6/9/2006 7/21/2006 William Walter Wilkins ...... Legal Assistant ...... Thurmond ...... U.S. Attorney, District of South Carolina ...... 5/7/2008 6/4/2008 Bennett William Raley ...... Chief Counsel, U.S. Senate Judiciary Subcommittee Brown ...... Assistant Secretary of the Interior for Water and 5/24/2001 7/12/2001 on the Constitution, Federalism and Property Science. Rights (1995). Anthony Lowe ...... Senior Legislative Counsel, U.S. Senate Judiciary DeWine ...... Federal Insurance Administrator, Federal Emergency 3/22/2002 7/25/2002 Subcommittee on Antitrust, Competition and Management Agency. Business Rights. Lee Sarah Liberman Otis ...... Chief Counsel, U.S. Senate Judiciary Subcommittee Hatch ...... General Counsel, Department of Energy ...... 4/25/2001 5/24/2001 on Immigration. Jon D. Leibowitz ...... Chief Counsel and Staff Director, U.S. Senate Judi- Kohl/Simon ...... Commissioner, Federal Trade Commission ...... 9/10/2004 11/21/2004 ciary Subcommittee on Antitrust, Business Rights and Competition. Ray Kethledge ...... Counsel ...... Abraham ...... Judge, Sixth Circuit ...... 3/19/2007 pending 1 Stephen Breyer’s nomination was particularly remarkable because he was nominated by President Carter on November 13, 1980, after Carter had lost the election to Ronald Reagan. Senate Democrats, who had just lost control of the Senate, held a swift confirmation vote on Breyer during a lame duck session on December 9, 1980.

Mr. SPECTER. Mr. President, I sug- will object at this time. I expect—I Bishop Flaget and others who worked gest the absence of a quorum. know the majority leader has talked to establish the Bardstown Diocese The PRESIDING OFFICER (Mr. with our staff, as well—the issues that were pioneers of the land as well as of CARDIN). The clerk will call the roll. are relating to this can be worked out the spirit. Kentucky was the western The legislative clerk proceeded to in a relatively—obviously, before the frontier of the young United States at call the roll. end of this week, we hope. that time, and frontier life posed many Mr. REID. Madam President, I ask The PRESIDING OFFICER. Objec- hardships. unanimous consent the order for the tion is heard. But the diocese survived and thrived, quorum call be rescinded. f and the visit of Pope Benedict XVI to The PRESIDING OFFICER (Ms. the United States earlier this year was STABENOW). Without objection, it is so TRIBUTE TO BARDSTOWN/ timed to coincide with its anniversary. ordered. LOUISVILLE ARCHDIOCESE Madam President, Kentucky is proud f Mr. MCCONNELL. Madam President, to include one of the oldest outposts of this year marks the celebration of the UNANIMOUS-CONSENT REQUEST— faith and freedom in America. I ask 200th anniversary of the Diocese of H.R. 3540 unanimous consent that a story from Bardstown, which was established in the Louisville Courier-Journal about Mr. REID. I ask unanimous consent Kentucky as one of the oldest dioceses the celebration of the Bardstown Dio- the Senate Finance Committee be dis- in the country. Pope Pius VII carved it charged from further consideration of from one of the oldest dioceses in the cese’s anniversary be printed in the H.R. 3540 and the Senate proceed to its New World. RECORD. consideration now; further, that a Bau- The territory of the Bardstown Dio- There being no objection, the mate- cus substitute at the desk, which is a 6- cese once covered a giant swath of rial was ordered to be printed in the month FAA extension and a highway land, including what are now the RECORD, as follows: trust fund fix, be agreed to, the bill as States of Kentucky, Tennessee, Ohio, [From the Louisville Courier-Journal, Apr. 9, amended be read a third time and Indiana, Illinois, Michigan, Iowa, Wis- 2008] passed, and the motion to reconsider be consin, Missouri, and half of Arkansas. CATHOLICS CELEBRATE KENTUCKY BICENTEN- laid on the table with no intervening The Bardstown Diocese was estab- NIAL, BARDSTOWN EVENTS MARK 200 YEARS action or debate. lished alongside the dioceses of Boston, (By Peter Smith) I would say, before I hear from my Philadelphia and New York. Its seat BARDSTOWN, KY.—Dorothy Ballard and her distinguished colleague, the junior was eventually moved to Louisville, sister Martha Willett have been coming to Senator from Arizona, that I, of course, Kentucky, and made an archdiocese. St. Thomas Church, considered the ‘‘cradle would rather be asking consent to fin- But its place in the history of Amer- of Catholicism’’ in Kentucky, all their lives. ish the whole FAA bill, the complete ican Catholicism continues to be a Their parents were married there in 1920, bill. This is a 6-month extension, which point of pride across Kentucky. and ‘‘all of the children have been baptized is so important. The Highway Trust Kentuckians celebrate this bicenten- here, made the first Communion here, con- nial throughout the year at the St. firmed here,’’ and several of them have been Fund is also upside-down. It is out of buried from the parish, Ballard said. money. This would extend the FAA bill Thomas Church, considered the ‘‘Cra- So they weren’t missing yesterday morn- for 6 months, which is important. dle of Catholicism’’ in the Bluegrass ing’s Mass that began a daylong celebration There are so many more things in that State and still located in Bardstown. A of the bicentennial of the Archdiocese of bill. In fact, I have spoken to the Presi- two-story log house that stands on St. Louisville, where about 150 people filled the dent’s Chief of Staff on how important Thomas property is the oldest struc- historic brick church. the FAA bill is. ture related to the Catholic faith in ‘‘I feel real special that I’m part of this But at this stage we have some prob- our region of the United States. celebration,’’ Ballard said. lems. So, anyway, we have gone for a 6- Built in 1795 by Thomas and Ann Archbishop Joseph E. Kurtz presided at the month extension and doing something Howard, the property was willed to the Mass. ‘‘We pause and give thanks to the Lord for to fix the highway trust fund. church by Mr. Howard in 1810, and it became the first home of the St. Thom- these 200 years of blessed presence of the That is what this consent agreement church within our Central Kentucky, and we is all about. as Seminary, the first seminary west of ask the Lord to continue to bless us as we The PRESIDING OFFICER. Is there the Alleghenies. It later served as the move forward,’’ he said. objection? residence of Bishop Benedict Joseph The archdiocese also marked the bicenten- Mr. KYL. Madam President, reluc- Flaget, first bishop of the Bardstown nial yesterday with services at the Cathedral tantly, on behalf of Senator DEMINT, I Diocese. of the Assumption in downtown Louisville

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Pope Pius VII created the Diocese of main on the air, continuing to keep us He said guest celebrities might be asked to Bardstown on April 8, 1808, along with those both entertained and informed, and co-host. in Boston, New York and Philadelphia. Pre- Coach Brennan will continue to provide ‘‘All good things must come to an end,’’ viously, the diocese of Baltimore had cov- expert college basketball analysis on Cormier said. ered the entire new American republic. ESPN. f The Bardstown diocese originally spanned I have had the good fortune to appear the entire frontier area between the Alleghe- PAYMENTS TO PHYSICIANS on ‘‘Corm & the Coach’’ many times, nies and the Mississippi River, and between Mr. GRASSLEY. Madam President, I and thought it important to take this the Great Lakes and Tennessee. started looking at the financial rela- The seat of the Bardstown diocese eventu- opportunity to extend my appreciation tionships between physicians and drug ally was moved to Louisville, which later be- to both of them. In honor of a great 16 companies several years ago. I first came an archdiocese. Its original territory is years of ‘‘Corm & the Coach,’’ I ask began this inquiry by examining pay- now divided into more than 40 dioceses unanimous consent that the article by across 10 states. ments to individuals who served on Mike Donoghue of the Burlington Free FDA’s Advisory Boards. More recently, The Rev. Steve Pohl, pastor of St. Thomas, Press, Corm To Carry On, Without The said he and many parishioners trace their I began looking at payments from drug roots to those pioneer days, when Catholic Coach, be printed in the RECORD. companies to professors at our nation’s families of English descent migrated from There being no objection, the mate- medical schools and more specifically Maryland to Kentucky in search of better rial was ordered to be printed in The at the payments from Astra Zeneca to land. They were served by priests fleeing per- RECORD as follows: a professor of psychiatry at the Univer- secution that followed the French Revolu- [From the Burlington Free Press, June 11, sity of Cincinnati. tion. 2008] Their settlements in Nelson, Washington I then moved on to look at several CORM TO CARRY ON, WITHOUT THE COACH and Marion counties gave the region the psychiatrists at Harvard and Mass Gen- nickname ‘‘the Holy Land,’’ as attested to by (By Mike Donoghue) eral Hospital. These physicians are such enduring biblical place names as Holy ‘‘Corm and the Coach,’’ the popular morn- some of the top psychiatrists in the Cross, Gethsemani and Nazareth. ing drive-time radio show that helped thou- country, and their research is some of St. Thomas is home to a recently restored sands of Champlain Valley listeners wake up the most important in the field. They log home, owned by Catholic farmers Thom- for almost 16 years, will sign off July 2. have also taken millions of dollars as and Ann Howard and given to the church Tom Brennan, who retired as the Univer- sity of Vermont men’s basketball coach in from the drug companies and failed to as a base for the growing diocese. report those payments accurately to The diocese’s first bishop, Benedict Joseph 2005, plans to leave local radio next month, Flaget, lived there for several years, and the he and co-host Steve Cormier said Tuesday. Harvard and Mass General. house also was host for Kentucky’s first ‘‘I’m just really tired. I just don’t want to For instance, in 2000 the National In- Catholic seminary and the first nuns in the turn into a cranky old man,’’ Brennan said. stitutes of Health awarded one Harvard Sisters of Charity of Nazareth. ‘‘I tried to make things better for people,’’ physician a grant to study atomoxetine ‘‘I’m really in joy about today,’’ said John he said. ‘‘I just knew it was time for me to in children. At that time, this physi- Cissell, who traces his roots to early Catho- pack it in. I’m very appreciative of the faith- cian disclosed that he received less lic settlers here. His father was long active ful listeners. It was really nice when you than $10,000 in payments from Eli Lilly in the church and is buried in the cemetery would hear from them that we had helped make their day,’’ he said. which makes Straterra, a brand name on the church grounds. of atomoxetine. But Eli Lilly reported ‘‘I just feel like I’m carrying on a tradi- Cormier, who is also program director at tion,’’ he said. WCPV–FM, will continue to do the morning that it paid this same physician more Pohl, whose ancestors also include an early show. than $14,000 for advisory services that settler, said the parish is holding a reunion Cormier said more details will be released year—a difference of at least $4,000. this summer of descendents of Maryland this morning on the ‘‘Corm and the Coach’’ I would now like to report what I Catholics who settled in Kentucky in the show, which airs Monday through Friday have found out about another re- early years. from 5 to 9 a.m. on Champ 101.3 (WCPV–FM) searcher—Dr. Alan Schatzberg at Stan- Pope Benedict XVI will recognize the bi- in Colchester and 102.1 in Randolph. ‘‘The Best of Corm and the Coach’’ is part of the ford. In the late nineties, Dr. centennials of Louisville’s and other historic Schatzberg helped to start a company dioceses at a Mass at Yankee Stadium in Saturday morning broadcasts. New York on April 20. Brennan will continue to work as an in- called Corcept Therapeutics—Dr. The archdiocese also plans a large celebra- studio basketball analyst for ESPN, which Schatzberg is a copatent owner on a tion at Slugger Field in Louisville this sum- he joined in 2005. drug developed by Corcept. That com- mer. Cormier said Brennan’s departure has pany applied to the Food and Drug Ad- nothing to do with the pending sale of the ministration for approval to market f station by Clear Channel to Vox Communica- Mifepristone for psychotic depression. SALUTE TO ‘‘CORM & THE COACH’’ tions this summer. The sale is expected to be completed by midsummer, Cormier said. Dr. Schatzberg is a well-known psy- Mr. LEAHY. Madam President, it is ‘‘He’s just tired. Tom said if it was an chiatrist and has received several my privilege today to salute Vermont afternoon show, it would be fine, but getting grants from the National Institutes of radio personalities Steve Cormier and up at 4 a.m. is not,’’ Cormier said. ‘‘I got him Health to study Mifepristone. While Tom Brennan, best known to 10 more years than I thought I would.’’ Dr. Schatzberg has reported some of Vermonters as the morning team ‘‘Corm and the Coach’’ began with Brennan his income from Corcept Therapeutics ‘‘Corm & the Coach’’ on Champ 101.3. stopping by to do morning sports reports, to Stanford, he did not report a profit but blossomed into one of the highest rated Sixteen years ago, University of local shows through the years. of $109,179 from the sale of 15,597 shares Vermont basketball coach Tom Bren- During the show, Brennan has enjoyed pro- of Corcept stock on August 15, 2005 be- nan made a guest radio appearance on viding wake-up calls to bleary-eyed opposing cause he was not required to do that Steve Cormier’s radio show. The two of coaches, members of the media and other under Stanford’s rules. them hit it off, not only as a duo, but newsmakers. He read his poetry about cur- But if it is not required by Stanford, with listeners. What started as a guest rent events over the airwaves and is in de- I submit to you that it should be. Why? spot ended up becoming an extremely mand as a public speaker and master of cere- Because in his Stanford disclosures, Dr. popular morning radio show for 16 monies. The show has supported a number of Schatzberg only had to report whether charities, including its own golf tournament. years. Brennan coached the Catamounts for 19 he had more than $100,000 of stock in Recently, Coach Brennan decided to years. The team won the America East Corcept Therapeutics. However, his fil- go out on top, as he did when he retired championships and made NCAA tournament ings with the U.S. Securities and Ex- from the University of Vermont fol- appearances in his final three seasons. The change Commission show that he has

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00010 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13315 control of 2,738,749 shares of Corcept Physician Payments Sunshine Act (Act). state in pertinent part that NIH investiga- stock worth over $6 million. This Act will require drug companies to re- tors must disclose to their institution any In addition, in 2002 Dr. Schatzberg port publicly any payments that they make ‘‘significant financial interest’’ may appear did not report any income from John- to doctors, within certain parameters. to affect the results of a study. NIH inter- son & Johnson, but the company re- I am also writing to assess the implemen- prets ‘‘significant financial interest’’ to tation of financial disclosure policies at mean at least $10,000 in value or 5 percent ported to me that it paid Dr. Stanford University. In response to my let- ownership in a single entity. Schatzberg $22,000 that year. And in ter of October 25, 2007, Stanford provided me Again based upon the information provided 2004, Dr. Schatzberg reported receiving with copies of the financial disclosure re- to me, it appears that Stanford takes fail- between $10,000–$50,000 from Eli Lilly. ports that Dr. Alan Schatzberg filed during ures to report outside income quite seri- But Eli Lilly reported to me that they the period of January 2000 through June 2007. ously. As noted in your correspondence dated paid Dr. Schaztberg over $52,000 that My staff investigators carefully reviewed March 14, 2008, ‘‘It is our obligation to avoid year. each of Dr. Schatzberg’s disclosure forms and bias in research, including that conducted Before closing, I would like to say detailed the payments disclosed. Subse- with federal funds.’’ You then described a that Stanford has been very coopera- quently, I asked that Stanford confirm the Stanford investigation conducted in 2006 re- tive in this investigation, as have been accuracy of the information. In March 2008, garding a researcher who failed to report Stanford’s Vice Provost and Dean of Re- many of the drug companies. I ask gifts, meals and trips from a device com- search provided clarifications and additional pany. That faculty member was later termi- unanimous consent to have my letter information from Dr. Schatzberg pursuant to nated. to Stanford printed in the RECORD. my inquiry. Based upon information available to me, it There being no objection, the mate- In addition to obtaining information from appears that Dr. Schatzberg received numer- rial was ordered to be printed in the Stanford, I also contacted executives at sev- ous NIH grants to conduct studies involving RECORD, as follows: eral major pharmaceutical and device com- Mifepristone for treating depression. Corcept U.S. SENATE, panies and asked them to list the payments Therapeutics, a publicly traded company, COMMITTEE ON FINANCE, that they made to Dr. Schatzberg during the has applied to the Food and Drug Adminis- Washington, DC, June 23, 2008. years 2000 through 2007. These companies tration for approval to market Mifepristone Dr. JOHN L. HENNESSY, voluntarily and cooperatively reported addi- for psychotic depression. These grants fund- President, Stanford University, Office of the tional payments that do not appear to have ed studies during the years 2000 through 2007 President, Stanford, CA been disclosed to Stanford by Dr. that examined the treatment of psychotic DEAR DR. HENNESSY: First, I would like to Schatzberg. For instance, in 2002 Dr. major depression using Mifepristone. During thank you again for working with me to Schatzberg did not report any income from these years, Dr. Schatzberg, consistent with lower student tuition at Stanford University Johnson & Johnson, but the company re- Stanford’s conflict policy, disclosed to Stan- (Stanford/University). It was a great leap ported to me that it paid Dr. Schatzberg ford a financial relationship with Corcept forward in the effort to help students afford $22,000 that year. And in 2004, Dr. Schatzberg Therapeutics (Corcept) including stock own- a quality education. Next, I would like to reported receiving between $10,000–$50,000 ership of over $100,000 and payments for ac- bring several other issues to your attention from Eli Lilly. But Eli Lilly reported to me tivities including its Board of Directors, Ad- regarding Stanford, its conflict of interest that they paid Dr. Schatzberg over $52,000 visory Board Membership, consulting, licens- policies, and a particular faculty member at that year. ing agreements, and royalties. According to your University. Because these disclosures do not match, I his disclosures, these payments were be- As you know, the United States Senate am attaching a chart intended to provide to tween $50,000 to $100,000 in the years 2003 Committee on Finance (Committee) has ju- Stanford a few examples of the data reported through 2005, and between $10,000 to $50,000 in risdiction over the Medicare and Medicaid to me. This chart contains columns showing the years 2001, 2002, 2006, and 2007. programs and, accordingly, a responsibility the payments disclosed in the forms Dr. However, it appears based upon the infor- to the more than 80 million Americans who Schatzberg filed with Stanford and the mation available, Dr. Schatzberg did not and receive health care coverage under these pro- amounts reported by several drug and device was not required to report a profit of $109,179 grams. As Ranking Member of the Com- companies. from the sale of 15,597 shares of Corcept mittee, I have a duty to protect the health of The lack of consistency between what Dr. stock on August 15, 2005. This transaction is Medicare and Medicaid beneficiaries and Schatzberg reported to Stanford and what found in his publicly available filings with safeguard taxpayer dollars appropriated for several drug companies reported to me seems the U.S. Securities and Exchange Commis- these programs. The actions taken by to follow a pattern of behavior. More specifi- sion (SEC). Earlier that year, Dr. Schatzberg thought leaders, like those at Stanford, cally, I have uncovered inconsistent report- began enrolling an estimated 100 patients for often have a profound impact upon the deci- ing patterns at the University of Cincinnati, a clinical trial, sponsored by the NIH, to sions made by taxpayer funded programs like and at Harvard University and Mass General evaluate Mifepristone to treat psychotic de- Medicare and Medicaid and the way that pa- Hospital. pression. tients are treated and taxpayer funds ex- INSTITUTIONAL AND NIH POLICIES Further, while Dr. Schatzberg appro- pended. priately disclosed to Stanford that his stock Moreover, and as has been detailed in sev- Let me now turn to another matter that is shares were valued at over $100,000, I am not eral studies and news reports, funding by of concern. Stanford requires every faculty certain that this number captures the pharmaceutical companies can influence sci- member to make an annual disclosure re- stocks’ true value. Dr. Schatzberg carries an entific studies, continuing medical edu- lated to both conflict of commitment (where equity interest in Corcept with over 2 mil- cation, and the prescribing patterns of doc- no financial information is requested), and lion shares of stock. For instance, as of Jan- tors. Because I am concerned that there has conflict of interest. As noted to me in your uary 31, 2008, he reported to the SEC that he been little transparency on this matter, I letter dated March 14, 2008, ‘‘It is our obliga- have sent letters to almost two dozen re- tion to avoid bias in research, including that held 2,438,749 shares of Corcept stock, with search universities across the United States conducted with federal funds.’’ sole voting power for 2,738,749 shares. On regarding about 30 physicians. In these let- Based upon the information provided to me June 12, 2008, Corcept stock closed at $2.24 a ters, I asked questions about the conflict of to date, Stanford has a zero dollar threshold share, meaning that his stock is potentially interest disclosure forms signed by some of for disclosures for research involving human worth over $6 million. Obviously, $6 million their faculty. As you know universities like subjects. Faculty members are required to is a dramatically higher number than Stanford require doctors to report their re- disclose a range of amounts received from $100,000 and I am concerned that Stanford lated outside income. But I am concerned outside relationships that are related to a may not have been able to adequately mon- that these requirements are sometimes dis- faculty member’s research activities (such as itor the degree of Dr. Schatzberg’s conflicts regarded. participation on advisory boards or boards of of interest with its current disclosure poli- I have also been taking a keen interest in directors, or consulting). In most instances, cies and submit to you that these policies the almost $24 billion annually appropriated the University’s standard for a significant fi- should be re-examined. to the National Institutes of Health (NIH) to nancial interest is whether the faculty mem- In light of the information set forth above, fund grants at various institutions such as ber received $10,000 or more in income, holds I ask your continued cooperation in exam- Stanford. Institutions are required to man- $10,000 or more in equity for publicly traded ining conflicts of interest. In my opinion, in- age a grantee’s conflicts of interest. How- companies, or has any equity in the company stitutions across the United States must be ever, I am learning that this task is made in the event the company is privately held. able to rely on the representations of its fac- difficult because physicians do not consist- Further, federal regulations place several ulty to ensure the integrity of medicine, aca- ently report all the payments received from requirements on a university/hospital when demia, and the grant-making process. And drug companies. its researchers apply for NIH grants. These the NIH must rely on strong institutional To bring some greater transparency to this regulations are intended to ensure a level of conflict of interest policies to ensure the in- issue, Senator KOHL and I introduced the objectivity in publicly funded research, and tegrity of the grant making process. At the

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00011 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13316 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 same time, should the Physician Payments 3. Did Dr. Schatzberg violate any federal or covers the period of 2000 through 2007. For Sunshine Act become law, institutions like Stanford policies by not revealing his stock each grant please provide the following: yours will be able to access a database that sale in 2005? If not, why not? a. Primary Investigator; will set forth the payments made to all doc- 4. Is Stanford considering any changes in tors, including your faculty members. its disclosure policies to more fully capture b. Grant Title; Accordingly, I request that Stanford re- the degree of a conflict when a faculty mem- c. Grant number; spond to the following questions and re- ber owns shares in a company that are in ex- d. Brief description; and quests for information. For each response, cess of $100,000? e. Amount of Award. please repeat the enumerated request and 5. Please report on the status of any pos- follow with the appropriate answer. sible reviews of research misconduct and/or Thank you again for your continued co- 1. For each of the NIH grants received by discrepancies in disclosures by Dr. operation and assistance in this matter. As Dr. Schatzberg, please confirm that he re- Schatzberg, including what action if any will you know, in cooperating with the Commit- be considered. ported to Stanford University’s designated tee’s review, no documents, records, data or 6. Please report if a determination can be information related to these matters shall be official ‘‘the existence of [a] conflicting in- made as to whether or not Dr. Schatzberg terest.’’ Please provide separate responses destroyed, modified, removed or otherwise violated guidelines governing clinical trials made inaccessible to the Committee. for each grant received for the period from and the need to report conflicts of interest to January 1, 2000 to the present, and provide an institutional review board (IRB). Please I look forward to hearing from you by no any supporting documentation for each respond by naming each clinical trial for later than July xx, 2008. All documents re- grant identified. which the doctor was the principal investi- sponsive to this request should be sent elec- 2. For each grant identified above, please gator, along with confirmation that conflicts tronically in PDF format to explain how Stanford ensured ‘‘that the in- of interest were reported, if possible. [email protected]. If terest has been managed, reduced, or elimi- 7. Please provide a total dollar figure for you have any questions, please do not hesi- nated.’’ Please provide an individual re- all NIH monies received annually by Stan- tate to contact Paul Thacker at (202) 224– sponse for each grant that Dr. Schatzberg re- ford University. This request covers the pe- 4515. ceived from January 2000 to the present, and riod of 2000 through 2007. Sincerely, provide any documentation supporting each 8. Please provide a list of all NIH grants re- CHARLES E. GRASSLEY, claim. ceived by Stanford University. This request Ranking Member. SELECTED DISCLOSURES BY DR. SCHATZBERG AND RELATED INFORMATION REPORTED BY PHARMACEUTICAL COMPANIES AND DEVICE MANUFACTURERS

Amount com- Year Company Disclosure filed with Institution pany reported

2000 ...... Bristol Myers Squibb ...... No amount provided ...... $1,000 Eli Lilly ...... No amount provided ...... $10,070 2001 ...... Bristol Myers Squibb ...... No amount provided ...... $4,147 Corcept Therapeutics ...... >$10,000<$50,000 a ...... n/a Eli Lilly ...... No amount provided ...... $10,788 2002 ...... Bristol-Myers Squibb ...... Not reported ...... $2,134 Corcept Therapeutics ...... >$100,000 b ...... n/a Corcept Therapeutics ...... <$10,000 c ...... n/a Corcept Therapeutics ...... <$10,000 d ...... n/a Eli Lilly ...... No amount provided ...... $19,788 Johnson & Johnson ...... Not reported ...... $22,000 2003 ...... Bristol-Myers Squibb ...... No amount provided ...... $4,000 Corcept Therapeutics ...... <$10,000 e ...... n/a Corcept Therapeutics ...... >$10,000<$50,000 f ...... n/a Corcept Therapeutics ...... >$100,000 g ...... n/a Corcept Therapeutics ...... <$10,000 h ...... nfa Corcept Therapeutics ...... <$10,000 i ...... n/a Eli Lilly ...... No amount provided j ...... $18,157.34 2004 ...... Bristol-Myers Squibb ...... <$10,000 ...... $0.00 Corcept Therapeutics ...... >$10,000<$50,000a ...... n/a Corcept Therapeutics ...... >$100,000 g ...... n/a Eli Lilly ...... >$10,000<$50,000 k ...... $52,134 Pfizer ...... Not reported ...... $2,500 2005 ...... Bristol-Myers Squibb ...... <$10,000 ...... $0 Corcept Therapeutics ...... >$10,000<$50,000 a ...... n/a Corcept Therapeutics ...... >$100,000 g ...... na Eli Lilly ...... >$10,000-<$50,000 ...... $9,500 Pfizer ...... No amount provided ...... $2,000 2006 ...... Bristol-Myers Squibb ...... Not reported ...... l $6,000 Corcept Therapeutics ...... <$10,000 h ...... n/a Corcept Therapeutics ...... >$10,000<$50,000 ...... n/a Corcept Therapeutics ...... >$100,000 g ...... n/a Eli Lilly ...... >$10,000<$50,000 m ...... $20,500 Pfizer ...... Not reported ...... $300 2007 ...... Eli Lilly ...... Not reported ...... $10,063

a Physician disclosed payment for Advisory Board Membership, Board of Directors, and consulting. b Physician disclosed payment for equity. c Physician disclosed payment for serving as a Director, consultant. d Physician disclosed payment for royalties. e Physician disclosed payment for serving as a Advisory Board Member. f Physician disclosed payment for consulting. g Physician disclosed stock ownership. h Physician disclosed payment for licensing agreement. i Physician disclosed payment for serving as Director, Board of Directors. j Physician disclosed payment of <$10,000 for consulting, and did not provide amounts received for research, grants and gift funding. k Physician disclosed payment of <$10,000 for Advisory Board Membership, and >$10,000<$50,000 for honoraria for papers or lectures, and consulting. l Bristol-Myers Squibb stated that Stanford intended to pay Dr. Schatzberg $6,000 for conducting an annual course for which the company provides a grant. m Physician disclosed payment for serving as a Advisory Board Member and consulting. Note 1: When a Physician named a company in a disclosure but did not provide an amount, the text reads ‘‘no amount reported.’’ When a Physician did not list the company in the disclosure, the column reads ‘‘not reported.’’ The Com- mittee contacted several companies for payment information and the notation nla (not available) reflects that a company was not contacted. Note 2: The Committee was not able to estimate the total amount of payments disclosed by Dr. Schatzberg during the period January 2000 through June 2007 due to the fact that some amounts were not provided and in other instances ranges were used. Information reported by the pharmaceuticalh companies indicate that they made additional payments that are not reflected in his disclosures. IDAHOANS SPEAK OUT ON HIGH sponded by the hundreds. The stories, issue that will be easily resolved, but it ENERGY PRICES numbering over 1,000, are heart- is one that deserves immediate and se- breaking and touching. To respect rious attention, and Idahoans deserve Mr. CRAPO. Madam President, ear- their efforts, I am submitting every e- to be heard. Their stories not only de- lier this week, I asked Idahoans to mail sent to me through energy_ tail their struggles to meet everyday share with me how high energy prices [email protected] to the CON- expenses, but also have suggestions and are affecting their lives, and they re- GRESSIONAL RECORD. This is not an recommendations as to what Congress

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Tell to be held captive by the Middle East, Mex- There being no objection, the mate- your colleagues to lead, follow, or get out of ico, and Venezuela since we are so dependent rial was ordered to be printed in the the way! on their oil. The Democrats in Congress RECORD, as follows: In the short-term we are going to see more place a higher value on politics and listening MIKE, Thanks for the invitation to vent. foreclosures, dependency on state and federal to the tree hugger and special interest group Well, that is not what you asked, but here aid, and hospitals like ours will see bad debt minorities than on the wishes of the vast goes. I’m one of those poor widows living on and charity care skyrocket. Not a time for middle class of Americans who want the US Social Security supplemented by a little bit inaction. Thanks for your interest in this to be more self sufficient in oil. of freelance writing, and energy costs are in- cause, I hope you are able to rally the mil- We have vast coal reserves which cannot be creasingly adding to sleepless nights as I lionaire’s club to some kind of rational re- used for the same reasons. worry about how to keep going. Do not cue sponse. I am opposed to the use of nuclear power the violins. REV. MARK, Nampa. due to the nuclear waste disposal problem I agree with your points on increasing our and Congress reluctance to open Yucca energy independence, and believe that we are You and Congress know what needs to be Flats. indeed stewards of the earth who will be held done. Drill now—drill HERE! Join China and Please—cannot you do something to allow accountable by our Creator for how we man- Cuba off our own shores and become self reli- drilling on our own land to rid us of our de- age it. I contend that these two points are ant again. Start drilling in Anwar. Start pendency on the Middle East? not mutually exclusive, and who better than drilling in Montana. Start using the re- Yours truly, the great people of the United States to fig- sources in Colorado in shale. And build more ED AND CAROL, Boise. ure out how to do it. refineries—and you—CONGRESS—loosen the What’s the matter with all the Bozos in I’m also interested in understanding how hurdles that make it impossible for anyone Washington? As they sit finely with all of futures markets play into the increased cost drilling and/or building those refineries we their ‘‘not hard-earned’’ tax dollars paying of gasoline—anything you can tell me about need so desperately—loosen the restrictions them for what? They sure have screwed up that? Further, how about drastic changes to that hinder providing alternatives (such as America. Special interests, etc . . . We have the red tape required to get nuclear plants nuclear and solar). Stop wasting time telling our own energy sources right here, right up and running? ‘‘stories’’—and loosen the restrictions that One last thing: If you have any influence environmentalists have shackled us with! Do now. Let’s use it. . . . NOW!!! The polar bear with Senator John McCain, please use it to your job. is on the brink of extinction? I do not think encourage him to come up with an aggres- Just let us become a self reliant nation so, since their population has increased from sive energy policy post haste and present it again! 5000 to 35000 worldwide in the last 25 years. Why we let the elite enviromentalists erode to the voters. If ever there were a time, this DAVE. is it, and he needs all the help he can get our backbone in America is beyond me. Stu- pid politicians have no idea what it means to from those of us who are supporting him out SENATOR CRAPO, This is a Republic! We of common-sense duty rather than devotion. elected you and you fellow Congress men and live paycheck to paycheck. I have no idea Help, help. women to represent us. So far all my family how I can afford furnace oil for next winter. Thanks for your ear and I hope this gets to has seen is a lot of incompetency! No one in There is no way I can pay these prices for you and not only your staff. Congress has done anything to help the situ- furnace oil, let alone gasoline for the cars. It gets damn cold here in the winter and last KATHY. ation. Everyone is geared up to their special interests so that they can get re-elected to winter lasted like 9 months. Tell those asses Mike, My family and I are making choices another term. You guys need to kick the lob- sitting on their asses to get off their asses to limit our expenses as is rational, but we byist out of the halls of Congress and start and open up our country to what we have have means and discretionary income to jug- representing us. My family cannot take trips available right here. . . . Do I sound mad?? gle. My wife who is a public school adminis- to see fellow family members, an event that No kidding. . . . I am sick of politicians trator tells a different story regarding some takes place each year, because we cannot af- being stupid. Time to stand up and take our of the pupils she sees right now in her sum- ford the fuel costs. Put yourselves in a pri- country back. Time to weed out the enemy mer school programs. They are showing up vate room and figure this thing out without within. Time to do what we should do and be to school without breakfast, without a any outside forces influencing you. If you self sufficient as a country. AGGIE. lunch, and no money to even buy snacks. Her cannot do this, resign, and let us find some- M one who can. I personally do not care if it is schools have not offered free and reduced I could not agree with you more that Con- nuclear power or Anwar or raising standards meals for summer school in the past (did not gress needs to get moving and do something for the auto industry or rationing gas. Pro- need to), but are trying desperately to do so productive about our country’s energy plan. tect our environment but try to get us out of now. Their parents, many of whom are work- Should we increase our own domestic pro- this mess and solve this problem. You guys ing lower-paid jobs, are making very hard duction—absolutely. ANWR, offshore drilling are below President Bush in positive polling. choices. etc should be used immediately. Enough of Think of the lowest paid tier of workers in Do not you get it??? the environmentalists blocking every at- our economy. They may not live in com- DON, Star. tempt to increase our own production. Nu- fortable neighborhoods close to their work. clear power is a no-brainer. We have the Often they drive cars that are affordable up Dear Sir: My wife and I are retired and had proven technology to produce clean efficient front, but get deplorable gas mileage there- planned to enjoy our retirement years by fuel. Again, enough of the environmentalists after. Forget insurance of any kind. In an traveling all over the great state of Idaho trying to block every move to store the nu- economy like ours where housing starts and and see the attractions we did not have time clear waste. How many 100’s of millions of services are down, many of these fathers are to see when I was employed. This included dollars have already been spent on Yucca working less hours and driving further away taking our boat out on the great lakes and Mountain to use it for the safe storage of nu- to get them. The choices are becoming un- rivers during Idaho’s hot summers. clear waste—let’s use it!! Wind and solar are tenable. Now with the combination of high property definitely alternatives but being able to I realize that some of the hesitation to ad- taxes in Boise, and high fuel prices, we are produce the quantity of power we need may dress energy in America is part social engi- unable to realize our retirement dreams. The not be reality. Use them to supplement more neering (which in my opinion is the realm of property taxes are going to force us out of reliable sources such as Nuclear. the passive-aggressive and grossly irrespon- our home in which we have lived for 15 years In summary it is time we take back our sible), and part is Washington’s age-old re- and the high fuel prices will force us to stay own country and for Congress to do some- luctance to govern proactively rendering it at home. thing—leading, not political bickering, ineffectual in matters that matter. But, We can no longer afford to take vacations would be a refreshing idea. many of your constituents cannot coast to Yellowstone and the other National Thank you through this crisis until it sorts itself out. Parks. We cannot visit my two sons located DALE, Meridian. Worse, the inaction of your colleagues gives in San Francisco and Texas. We cannot af- us very little hope that our crisis is tem- ford to drive our diesel truck so our boat We do not want nuclear!! porary (if nothing changes, nothing towing days in McCall are over with. Idaho is already a dumping ground. Nu- changes). The do nothing Congress has once again clear is dirty, dirty energy! A perfect storm is brewing for our econ- lived up to its name with respect to energy. Nuclear waste issues must be resolved omy; government needs to allow the free As you know, the US has huge oil reserves first.

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Stick to wind, solar, clean and renewable Happiness is a personal issue that is influ- DEAR SENATOR CRAPO, I strongly believe energy. enced by outside factors. Consumerism has our efforts to address these energy costs YVETTE. made many people believe that more leads to should be concentrated on getting more use happiness, but the experience of the last half out of clean, renewable energy that is al- SENATOR CRAPO, Increased domestic oil century should speak for itself. Some of the ready available. Most of us could go a great production or an expanded nuclear energy re- old values such as free time, time with fam- deal further in our energy conservation ef- search are not the best directions for Idaho ily and friends, having simple hobbies, pur- forts; incentives might help. There is already or the country. If we are talking about the suing knowledge, etc are all examples of low a great deal available in wind and solar en- health of our land and people then we should environmental impact ways to be happy. ergy, I think that with incentives to utilize concentrate our research dollars on tech- I wish you the best in your retirement and them and research money directed at im- nical innovation and alternative energies. commend you on your career. Encourage proving them we can start to establish a sus- Just one outcome of technological innova- your grandchildren to follow a new path. tainable energy usage for the long term. tion, the Toyota Prius, has saved more oil in TOM. Increasing drilling in the United States a few years then we would get in over twenty will at most give us a few years of additional years of drilling in the Arctic National Wild- As a travel writer and photographer, I am oil, if that, at the cost of possibly despoiling life Refuge. Idaho has incredible alternative usually on the go much of the time. It used a beautiful natural zone and damaging crit- resources available. With thermal waters to be nothing to travel a day or two by car ical bird nesting habitat. less than a mile below surface throughout to go do a story somewhere for one of the Increasing our use of nuclear power when the state, we would be an excellent choice many magazines I write for. But now, due to we still have not figured out a safe means of for leading the nation in geothermal energy. the high cost of gasoline, I’ve got to really dealing with the waste is similarly irrespon- We have desert areas of the state where the look at the distances I have to travel be- sible over the long term. sun shines almost 365 days a year, and plains cause of the high cost of gasoline. There are I too have felt the high energy prices, but areas where we could harvest wind power. story opportunities I have to turn down not I do not think they should be used as an ex- We do not need lower gas taxes. We need because of the distance itself, but because of cuse to increase our efforts in a failed direc- better public transportation. We need leader- the cost of gasoline to cover that distance. tion that is causing severe damage to the ship that encourages conservation. We need I am retired, so it is not about making a global environment. It is time that we stop investment in education and research that lot of money. If my travel costs are less than and consider how we can move our energy has the promise of providing a future for our what I’ll be paid for the articles and photog- policy in a different direction for our long- children that is not dependent on nations raphy, I’ll usually go do the story. It has term health. who do not have our best interests in mind. been like I’m always on vacation. But now, ARIA, Moscow. We have always had independent minds in the travel costs are becoming so expensive Idaho. Lets have clean, sustainable energy it’s becoming harder every day to except as- I am a substitute teacher for School Dis- independence as well. signments that require extensive driving to trict #331 in Minidoka County. I have been PATRICIA. destinations to do the articles. My happy subbing for 13 years and, until this last year, style of travel and retirement are coming to I worked mostly full days but the occasional The rate of increase in fossil fuel cost is a fast close because of gas prices. half day for teachers who, for various rea- unprecedented and demonstrates that the My dream when I retired in 1998 was to see sons, didn’t need to be gone all day. I will no current administration and prior congresses as much of the United States as possible and longer go in for half days because it is not have failed the American Citizens and for be on the road exploring the unique places I economically feasible. We, as subs, are not that matter the world by not properly ad- never got around to while I was working. I paid well anyway, and to only get half pay, dressing this issue. The energy crises has thought I might even do a book like John with gas prices like they are, is not possible been a long time in the making and many Steinbeck did, ‘‘Travels With Charlie’’, and anymore. I substitute at the secondary level good people, much of the scientific commu- illustrate it with my photography from and there are two schools in Rupert that I nity and a rare politician or two (i.e. Al around the United States. Well, that is down work at regularly, Minico High School is Gore) have been trying to do something. the tubes as well. about ten minutes away and West Minico I recently bought a home and am watching Whenever I leave the house to go some- Middle School is 20 minutes away. I do not a minimum of $100/week in fuel cost going to where, I have to make sure that I get three go to Minico or West much any more because the moving. This has been going on for a few or four things done on the trip so as not to of high gas prices. I think we really need to months and will do so for a few more. I rare- waste gas. It has become a real struggle. I ‘‘drill here, drill now’’ because something ly take trips from my home in the Lenore feel sorry for the people that have to drive has got to give. Our wages are not going up! and Orofino area to Lewiston to shop. It is far every day to go to work, it has got to be Thank you for caring. . . . just too expensive. Plus the cost of every- knocking them for a loop with the price of PATTY, Rupert. thing else is ramping up due to the fuel cost gas what it is. increases. It saddens me that so much profit JERRY. We continue to build our economy on oil is being realized by a few. The economic yet we can not produce enough oil in this profits are being controlled and directed to I think we desperately need an energy pol- country for energy independence. It wouldn’t those who also control the flow of public re- icy that will utilize our own proven oil and matter if we could, because we are capitalist. sources. This is capitalism at its worst. gas reserves. I blame congress in part for the We would just sell the oil on the global mar- Throughout your career, you have dem- current high energy prices due their contin- ket. onstrated an indifference to the problem and ually politicizing the adoption of a workable We need to look at our current natural re- have associated yourself with those who national energy policy. source and use them to our advantage. Brazil mischaracterized environmentalists rather MEL, Boise. switched to sugarcane ethanol, but corn is than working with them. Your rating by the not the answer to the United States. Our League of Conservation Voters is a paltry I live in Ashton, Idaho, and drive to Idaho natural resource is coal and natural gas. We 13% for this year! Now you want to say you Falls to teach at Idaho State University, so should concentrate on making coal cleaner are on the same side. Do you really think we the cost of gas matters. Yet, I also welcome and switch our economy to electricity pow- can believe or trust you? The biggest part of the high costs of gasoline if it forces us to an ered by coal, hydro, nuclear, and wind (most conservation is reducing demand—not sim- awareness of how destructive burning fossil likely in that order). That is energy inde- ply looking to pump up more carbon from fuels is and forces us to change. I absolutely pendence. Quit fighting for something that fragile environments. I think it would be oppose more production of fossil fuels, and doesn’t exist. best if you step aside and allow a new gen- urge you to take alternative energy sources BRENT, Boise. eration of thinkers without your baggage seriously: wind, solar, and support these with f and not linked to pollution-generating indus- the kind of subsidies you so easily give to ag- tries to take the lead. riculture. Above all, it is time to do some- ADDITIONAL STATEMENTS If you truly want to see all America and thing about public transportation, especially the world prosper in the future it will take a the restoration of rail services to rural commitment on your part, to accept a areas, or support for connecting Idaho to TRIBUTE TO JOSEPHINE LONG change in the cultures of people, corpora- Portland/Denver. Give Idaho transportation ∑ Mr. DODD. Madam President, today I tions, and government—away from use-up, alternatives, rather than working within the honor the career of Josephine Long, a me only, and profits as the bottom line, to a same addiction to automobiles and fossil sustainable economy within the framework fuels. My ‘‘story’’ is outrage that govern- wonderful woman and extraordinary of a sustainable healthy environment. This, ment has given so little thought to alter- teacher. Ms. Long has worked in the obviously, does not detract from a major natives. District of Columbia Public School goal of this nation—the pursuit of happiness. DARRELL. System for 33 years, touching the lives

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13319 of hundreds of children. Ms. Long was I heartily applaud Daniel Safsel for Lieutenant Colonel Fortunato holds born in Raleigh, NC, and moved to his initiative in seeking to make his an MBA from George Washington Uni- Washington, DC, as a child. She has community greener. He has dem- versity and a bachelor’s of science in lived here ever since, raising two onstrated a level of commitment and business and marketing from George daughters and two sons. Ms. Long re- accomplishment that is truly extraor- Mason University. His military awards ceived certification in early childhood dinary in today’s world, and deserves include the Legion of Merit, Bronze education from both Gallaudet Univer- our sincere admiration and respect.∑ Star Medal, Meritorious Service Medal, sity and Prince George’s Community f Air Medal, Parachutist Badge, Path- College. Since then, Ms. Long has had finder Badge, Air Assault Badge, the TRIBUTE TO LIEUTENANT a positive impact in many classrooms, Army Aviation Association’s Order of COLONEL EDWARD M. FORTUNATO working for the majority of her career St. Michael, and he is a Senior Army with special needs children and for the ∑ Mr. LIEBERMAN. Madam President, Aviator with over 1,100 hours. past 2 years at the School-Within- I wish to publicly commend and con- Son of a soldier, Lieutenant Colonel School at Peabody, a DC public school. gratulate LTC Edward M. Fortunato, Fortunato is married to the former Colleagues have long admired Ms. U.S. Army, upon his retirement after Monique Childress of Roanoke, VA. Long for her optimistic attitude and 20 years of military service. I have They have two children, Isabella, 13, the special concern and attention she come to know and respect Lieutenant and Edward, 11. I congratulate them on gave to her students with special Colonel Fortunato over the past 3 their husband and father’s retirement health concerns. Perhaps Ms. Long’s years, during which time he served as from the Army. The demands of mili- most impressive strength as a teacher the congressional liaison for all Army tary life are such that military fami- was the respect she showed her stu- aviation programs. In this capacity, lies also sacrifice and serve the Nation dents; she spoke to them and treated Lieutenant Colonel Fortunato was in- along with their soldier, and I thank them with maturity, sharing her life strumental in improving the under- Monique, Isabella and Ed for their serv- experiences, recounting daily encoun- standing of Senators and staff con- ice. ters, and listening intently when they cerning a myriad of Army aviation The Army, the Senate, and the Na- shared their thoughts as well. Ms. Long issues, in particular the reinvestment tion are fortunate to have had the serv- made her students laugh and was al- of Comanche helicopter funding to re- ice of such a great officer as LTC Ed ways generous; every day, she shared structure Army aviation for the 21st Fortunato. I wish him Godspeed.∑ her lunch cookies among 22 different century, the wars in Iraq and Afghani- f students. stan, and Army transformation. He was As both a father and the chair of the instrumental in the successful author- TRIBUTE TO DR. AMAR BOSE Senate Subcommittee on Children and ization and appropriation of the light ∑ Mr. KERRY. Madam President, in Families, I know very well the impor- utility helicopter, armed-reconnais- May, Dr. Amar Bose was inducted in tance of a quality education. While sance helicopter, joint cargo aircraft, the National Inventors Hall of Fame. I many factors contribute to the success Chinook multiyear, Apache, Black would like to take this opportunity to of our schools, perhaps none can make Hawk multiyear and numerous un- recognize his outstanding accomplish- more of a difference than a teacher manned aerial vehicle and aviation ments that have helped change our so- with the ability to connect with her R&D projects. ciety and improve the way we live students. Ms. Long did just that for Lieutenant Colonel Fortunato es- every day. more than 30 years, and I commend her corted numerous congressional delega- A pioneer in modern acoustics, Dr. for her dedication to the District of Co- tions to over 20 countries, including 3 Bose is founder, chairman and tech- lumbia Public School System. On be- to Iraq and Afghanistan. I myself was nical director of the internationally- half of all the students she has touched privileged to have him as an escort at recognized audio company that bears over her many years of teaching, I my specific request for my own visits his name, Bose Corporation. thank her for her unwavering commit- abroad and in larger delegations. He Raised just outside Philadelphia, Dr. ment to the education of her students. worked tirelessly to ensure my visits Bose began his career at the age of 13, I congratulate Josephine on her retire- were coordinated with all the relevant repairing radios in his basement during ment and wish her only the best in the agencies, military leaders, heads of WWII. years to come.∑ state and government officials so I His passion for technology continued f could focus on the issues that were at MIT, where he earned bachelor, mas- critical to my service as the chairman ters and doctoral degrees in electrical TRIBUTE TO DANIEL SAFSEL of the Senate Armed Services Air Land engineering. In 1956, Dr. Bose was ∑ Mr. KERRY. Madam President, I Subcommittee. I am extremely grate- asked to join the faculty at MIT, where would like to congratulate and honor ful for the support, friendship and per- he taught for 45 years. Daniel Safsel, a passionate fourth grad- spective Ed provided me and my staff. His research at MIT led to the devel- er who raised the level of environ- Lieutenant Colonel Fortunato’s con- opment of new, patented technologies. mental awareness at his elementary gressional assignment was the cap- With those patents, he founded Bose school. Daniel urged his school news- stone to an outstanding career of serv- Corporation in Massachusetts in 1964. paper, the Siwanoy Express, to stop ice to our Nation. He served as an avia- He has achieved worldwide acclaim printing and distributing copies of its tion officer in numerous command and with the introduction of newsletter and to send it via email in- staff positions. His operational assign- groundbreaking products, including the stead. As a result of his efforts, the ments began in the famous 101st Air- 901® Direct/Reflecting speaker system, newspaper recently launched their first borne Division, AASLT, during Oper- customized sound systems for auto- trial run of the ‘‘green’’ express. Daniel ations Desert Shield/Desert Storm with mobiles, and active noise-reducing should be extremely proud that he was further assignments as part of JTF- headphones. Under his leadership, 100 able to make a valuable contribution Bravo in Honduras, 2nd Infantry Divi- percent of profits are reinvested back toward creating a greener future. sion in Korea and the 25th Infantry Di- into the company, enabling research Even though we are faced with a vision, L, in Hawaii. Lieutenant Colo- and advancements in non-audio areas. worldwide environmental crisis, Dan- nel Fortunato then served in a number In 2004, after 25 years of research, he iel’s actions show that young Ameri- of program and acquisition positions to introduced a revolutionary suspension cans can do their part in ensuring that include program manager for the Army system that combines superior comfort we live in a safer and cleaner environ- Special Operations Aviation Regiment and control in the same vehicle. ment. Students like Daniel inspire and MH–60 Black Hawk fleet and various Dr. Bose has done extensive work for remind us all of the power of making high level assignments within the the Armed Forces and NASA. He was our voices heard. Army Secretariat. named Inventor of the Year in 1987, by

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13320 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 the Intellectual Property Owners Asso- S. 2146. An act to authorize the Adminis- ting, pursuant to law, the report of a rule en- ciation and holds numerous patents in trator of the Environmental Protection titled ‘‘Definitions and Implementation the fields of acoustics, electronics, Agency to accept, as part of a settlement, Under the Controlling the Assault of Non-So- nonlinear systems, and communication diesel emission reduction Supplemental En- licited Pornography and Marketing Act of vironmental Projects, and for other pur- 2003: Final Rule and Statement of Basis and theory. poses. Purpose’’ (RIN3084–AA96) received on June He is a member of the Audio Hall of f 19, 2008; to the Committee on Commerce, Fame, the recipient of a Distinguished Science, and Transportation. Service Citation from the Automotive MESSAGE FROM THE HOUSE EC–6710. A communication from the Chief Hall of Fame, and has been inducted in At 4:10 p.m., a message from the of the Publications and Regulations Branch, the Consumer Electronics Hall of House of Representatives, delivered by Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the Fame. He is an elected member of the Mrs. Cole, one of its reading clerks, an- National Academy of Engineering and report of a rule entitled ‘‘Supplemental nounced that pursuant to section 841 Wages’’ (Revenue Ruling 2008–29) received on of the American Academy of Arts and (b) of the National Defense Authoriza- June 19, 2008; to the Committee on Finance. Sciences. tion Act for Fiscal Year 2008 (Public EC–6711. A communication from the Chief, Congratulations Dr. Bose on being in- Law 110–181), and the order of the Border Security Regulations Branch, Depart- ducted into the National Inventors House of January 4, 2007, the Speaker ment of Homeland Security, transmitting, Hall of Fame and for your outstanding and the Majority Leader of the Senate pursuant to law, the report of a rule entitled work at the Bose Corporation.∑ jointly appoint to the Commission on ‘‘Technical Amendments to List of User Fee Airports: Additions of Capital City Airport, f Wartime Contracting: Mr. Michael J. Lansing, Michigan and Kelly Field Annex, MESSAGE FROM THE PRESIDENT Thibault of Reston, Virginia, cochair- San Antonio, Texas’’ (CBP Dec. 08–23) re- man. Further, pursuant to the afore- A message from the President of the ceived on June 19, 2008; to the Committee on said authority, the Speaker appoints Finance. United States was communicated to the following member on the part of EC–6712. A communication from the Presi- the Senate by Mrs. Neiman, one of his the House of Representatives to the dent, National Center for Policy Analysis, secretaries. Commission on Wartime Contracting: transmitting its 2008 First Quarter Report; f to the Committee on Finance. Mr. Clark Kent Ervin of Washington, EC–6713. A communication from the Assist- EXECUTIVE MESSAGE REFERRED DC. ant Secretary, Office of Legislative Affairs, As in executive session the Presiding f Department of State, transmitting, pursuant to law, notification of the proposed removal Officer laid before the Senate a mes- EXECUTIVE AND OTHER sage from the President of the United from the United States Munitions List of COMMUNICATIONS tires originally designed for use on Heavy States submitting nominations which The following communications were Mobility Tactical Wheeled Vehicles; to the were referred to the Committee on laid before the Senate, together with Committee on Foreign Relations. Armed Services. accompanying papers, reports, and doc- EC–6714. A communication from the Assist- (The nominations received today are ant Secretary, Office of Legislative Affairs, uments, and were referred as indicated: printed at the end of the Senate pro- Department of State, transmitting, pursuant ceedings.) EC–6703. A communication from the Sec- to law, notification of the proposed removal retary of Defense, transmitting a report on from the United States Munitions List of f the approved retirement of General William tires originally designed for use on M977 MESSAGE FROM THE HOUSE R. Looney III, United States Air Force, and Heavy Expanded Mobility Tactical Truck; to DURING ADJOURNMENT his advancement to the grade of general on the Committee on Foreign Relations. the retired list; to the Committee on Armed EC–6715. A communication from the Assist- Services. ant Secretary, Office of Legislative Affairs, ENROLLED BILLS SIGNED EC–6704. A communication from the Sec- Department of State, transmitting, pursuant retary of Defense, transmitting a report on to law, notification of the proposed removal Under the authority of the order of the approved retirement of General Robert from the United States Munitions List of the Senate of January 4, 2007, the Sec- Magnus, United States Marine Corps, and his tires primarily used on military heavy retary of the Senate, on June 23, 2008, advancement to the grade of general on the trucks, and for other purposes; to the Com- during the adjournment of the Senate, retired list; to the Committee on Armed mittee on Foreign Relations. received a message from the House of Services. EC–6716. A communication from the Dep- EC–6705. A communication from the Prin- uty Archivist of the United States, National Representative, delivered by Ms. cipal Deputy, Office of the Assistant Sec- Niland, one of its reading clerks, an- Archives and Records Administration, trans- retary (Research, Development and Acquisi- mitting, pursuant to law, the report of a rule nouncing that the Speaker had signed tion), Department of the Navy, transmitting, entitled ‘‘Presidential Library Facilities’’ the following enrolled bills: pursuant to law, notification that the Navy (RIN3095–AB16) received on June 19, 2008; to H.R. 634. An act to require the Secretary of proposes to donate the submarine ex-DOL- the Committee on Homeland Security and the Treasury to mint coins in commemora- PHIN (AGSS 555) to the Maritime Museum of Governmental Affairs. tion of veterans who became disabled for life San Diego; to the Committee on Armed Serv- EC–6717. A communication from the Office while serving in the Armed Forces of the ices. of General Counsel and Legal Policy, Office United States. EC–6706. A communication from the Acting of Government Ethics, transmitting, pursu- H.R. 814. An act to require the Consumer Fiscal Assistant Secretary, Department of ant to law, the report of a rule entitled Product Safety Commission to issue regula- the Treasury, transmitting, pursuant to law, ‘‘Post-Employment Conflict of Interest Re- tions mandating child-resistant closures on the report of two modifications made in 2008 strictions’’ (RIN3209–AA14) received on June all portable gasoline containers. to the auction process; to the Committee on 19, 2008; to the Committee on Homeland Se- H.R. 5778. An act to preserve the independ- Banking, Housing, and Urban Affairs. curity and Governmental Affairs. ence of the District of Columbia Water and EC–6707. A communication from the Acting f Sewer Authority. Fiscal Assistant Secretary, Department of S. 188. An act to revise the short title of the Treasury, transmitting, pursuant to law, REPORTS OF COMMITTEES the Fannie Lou Hamer, Rosa Parks, and a report on the auctions held by the Depart- Coretta Scott King Voting Rights Act Reau- ment during the period of January 1, 2007, The following reports of committees thorization and Amendments Act of 2006. through December 31, 2007; to the Committee were submitted: S. 254. An act to award posthumously a on Banking, Housing, and Urban Affairs. By Mr. INOUYE, from the Committee on Congressional gold medal to Constantino EC–6708. A communication from the Sec- Commerce, Science, and Transportation, Brumidi. retary, Federal Trade Commission, transmit- with an amendment in the nature of a sub- S. 682. An act to award a congressional ting, pursuant to law, the report of a rule en- stitute: gold medal to Edward William Brooke III in titled ‘‘Affiliate Marketing Rule’’ (RIN3084– H.R. 802. To amend the Act to Prevent Pol- recognition of his unprecedented and endur- AA94) received on June 19, 2008; to the Com- lution from Ships to implement MARPOL ing service to our Nation. mittee on Banking, Housing, and Urban Af- Annex VI (Rept. No. 110–394). S. 1692. An act to grant a Federal charter fairs. By Mr. INOUYE, from the Committee on to Korean War Veterans Association, Incor- EC–6709. A communication from the Sec- Commerce, Science, and Transportation, porated. retary, Federal Trade Commission, transmit- without amendment:

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13321 H.R. 3985. A bill to amend title 49, United ADDITIONAL COSPONSORS aged care organizations by extending States Code, to direct the Secretary of S. 667 the discounts offered under fee-for- Transportation to register a person pro- service Medicaid to such organizations. viding transportation by an over-the-road At the request of Mr. BOND, the name bus as a motor carrier of passengers only if of the Senator from Oregon (Mr. S. 1595 the person is willing and able to comply with WYDEN) was added as a cosponsor of S. At the request of Mr. SMITH, the certain accessibility requirements in addi- 667, a bill to expand programs of early name of the Senator from Minnesota tion to other existing requirements, and for childhood home visitation that in- (Mr. COLEMAN) was added as a cospon- other purposes (Rept. No. 110–395). crease school readiness, child abuse sor of S. 1595, a bill to amend title By Mr. BYRD, from the Committee on Ap- and neglect prevention, and early iden- XVIII of the Social Security Act to propriations, without amendment: S. 3181. An original bill making appropria- tification of developmental and health provide flexibility in the manner in tions for the Department of Homeland Secu- delays, including potential mental which beds are counted for purposes of rity for the fiscal year ending September 30, health concerns, and for other pur- determining whether a hospital may be 2009, and for other purposes (Rept. No. 110– poses. designated as a critical access hospital 396). S. 1003 under the Medicare program. By Ms. MIKULSKI, from the Committee on At the request of Ms. STABENOW, the S. 1661 Appropriations, without amendment: name of the Senator from Oregon (Mr. S. 3182. An original bill making appropria- At the request of Mr. STEVENS, the tions for the Departments of Commerce and WYDEN) was added as a cosponsor of S. name of the Senator from South Da- Justice, science, and related agencies for the 1003, a bill to amend title XVIII of the kota (Mr. THUNE) was added as a co- fiscal year ending September 30, 2009, and for Social Security Act to improve access sponsor of S. 1661, a bill to commu- other purposes (Rept. No. 110–397). to emergency medical services and the nicate United States travel policies By Mrs. BOXER, from the Committee on quality and efficiency of care furnished and improve marketing and other ac- Environment and Public Works, without in emergency departments of hospitals tivities designed to increase travel in amendment: and critical access hospitals by estab- the United States from abroad. S. 2766. A bill to amend the Federal Water lishing a bipartisan commission to ex- Pollution Control Act to address certain dis- S. 1977 amine factors that affect the effective charges incidental to the normal operation At the request of Mr. OBAMA, the delivery of such services, by providing of a recreational vessel (Rept. No. 110–398). name of the Senator from Pennsyl- for additional payments for certain f vania (Mr. CASEY) was added as a co- physician services furnished in such sponsor of S. 1977, a bill to provide for INTRODUCTION OF BILLS AND emergency departments, and by estab- sustained United States leadership in a JOINT RESOLUTIONS lishing a Centers for Medicare & Med- cooperative global effort to prevent nu- icaid Services Working Group, and for The following bills and joint resolu- clear terrorism, reduce global nuclear other purposes. tions were introduced, read the first arsenals, stop the spread of nuclear and second times by unanimous con- S. 1103 weapons and related material and tech- sent, and referred as indicated: At the request of Mr. BINGAMAN, the nology, and support the responsible By Mr. REID (for Ms. LANDRIEU): name of the Senator from Vermont and peaceful use of nuclear technology. S. 3176. A bill to amend the Robert T. Staf- (Mr. LEAHY) was added as a cosponsor ford Disaster Relief and Emergency Assist- of S. 1103, a bill to amend title XVIII of S. 2042 ance Act to authorize the President to pro- the Social Security Act to include At the request of Ms. STABENOW, the vide mental health and substance abuse serv- costs incurred by the Indian Health name of the Senator from Vermont ices; to the Committee on Homeland Secu- Service, a Federally qualified health (Mr. SANDERS) was added as a cospon- rity and Governmental Affairs. center, an AIDS drug assistance pro- sor of S. 2042, a bill to authorize the By Mr. REID (for Mr. KENNEDY (for gram, certain hospitals, or a pharma- Secretary of Health and Human Serv- himself, Mr. BIDEN, Mr. HAGEL, Mr. ices to conduct activities to rapidly ad- SMITH, and Mr. DURBIN)): ceutical manufacturer patient assist- S. 3177. A bill to develop a policy to address ance program in providing prescription vance treatments for spinal muscular the critical needs of Iraqi refugees; to the drugs toward the annual out of pocket atrophy, neuromuscular disease, and Committee on Foreign Relations. threshold under part D of the Medicare other pediatric diseases, and for other By Mr. BURR: program. purposes. S. 3178. A bill to amend title 38, United S. 1161 S. 2102 States Code, to authorize dental insurance for veterans and survivors and dependents of At the request of Mr. BINGAMAN, the At the request of Mr. BINGAMAN, the veterans, and for other purposes; to the Com- name of the Senator from North Da- names of the Senator from California mittee on Veterans’ Affairs. kota (Mr. DORGAN) was added as a co- (Mrs. FEINSTEIN), the Senator from By Mr. BINGAMAN (for himself and sponsor of S. 1161, a bill to amend title Maryland (Mr. CARDIN), the Senator Mr. DOMENICI): XVIII of the Social Security Act to au- from Hawaii (Mr. INOUYE) and the Sen- S. 3179. A bill to authorize the conveyance thorize the expansion of Medicare cov- ator from Louisiana (Ms. LANDRIEU) of certain public land in the State of New erage of medical nutrition therapy were added as cosponsors of S. 2102, a Mexico owned or leased by the Department bill to amend title II of the Social Se- of Energy, and for other purposes; to the services. Committee on Energy and Natural Re- S. 1437 curity Act to phase out the 24-month sources. At the request of Ms. STABENOW, the waiting period for disabled individuals By Mr. REID (for Mr. KENNEDY): name of the Senator from Idaho (Mr. to become eligible for Medicare bene- S. 3180. A bill to temporarily extend the CRAIG) was added as a cosponsor of S. fits, to eliminate the waiting period for programs under the Higher Education Act of 1437, a bill to require the Secretary of individuals with life-threatening condi- 1965; considered and passed. the Treasury to mint coins in com- tions, and for other purposes. By Mr. BYRD: memoration of the semicentennial of S. 2120 S. 3181. An original bill making appropria- tions for the Department of Homeland Secu- the enactment of the Civil Rights Act At the request of Mr. MENENDEZ, the rity for the fiscal year ending September 30, of 1964. name of the Senator from Nebraska 2009, and for other purposes; from the Com- S. 1589 (Mr. HAGEL) was added as a cosponsor mittee on Appropriations; placed on the cal- At the request of Mr. BINGAMAN, the of S. 2120, a bill to authorize the estab- endar. names of the Senator from Michigan lishment of a Social Investment and By Ms. MIKULSKI: (Ms. STABENOW) and the Senator from Economic Development Fund for the S. 3182. An original bill making appropria- Washington (Ms. CANTWELL) were Americas to provide assistance to re- tions for the Departments of Commerce and Justice, science, and related agencies for the added as cosponsors of S. 1589, a bill to duce poverty, expand the middle class, fiscal year ending September 30, 2009, and for amend title XIX of the Social Security and foster increased economic oppor- other purposes; from the Committee on Ap- Act to reduce the costs of prescription tunity in the countries of the Western propriations; placed on the calendar. drugs for enrollees of Medicaid man- Hemisphere, and for other purposes.

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13322 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 S. 2238 ment of the United States Army in coins in commemoration of the centen- At the request of Mr. AKAKA, the 1775, to honor the American soldier of nial of the establishment of Mother’s name of the Senator from Pennsyl- both today and yesterday, in wartime Day. vania (Mr. CASEY) was added as a co- and in peace, and to commemorate the S. 2976 sponsor of S. 2238, a bill to amend the traditions, history, and heritage of the At the request of Mr. LAUTENBERG, National Dam Safety Program Act to United States Army and its role in the names of the Senator from New establish a program to provide grant American society, from the colonial Jersey (Mr. MENENDEZ) and the Sen- assistance to States for the rehabilita- period to today. ator from California (Mrs. BOXER) were tion and repair of deficient dams. S. 2618 added as cosponsors of S. 2976, a bill to S. 2369 At the request of Ms. KLOBUCHAR, the require the United States Trade Rep- At the request of Mr. BAUCUS, the name of the Senator from Washington resentative to pursue a complaint of name of the Senator from Ohio (Mr. (Ms. CANTWELL) was added as a cospon- anticompetitive practices against cer- VOINOVICH) was added as a cosponsor of sor of S. 2618, a bill to amend the Pub- tain oil exporting countries. S. 2369, a bill to amend title 35, United lic Health Service Act to provide for S. 3093 States Code, to provide that certain research with respect to various forms At the request of Mr. GRASSLEY, the tax planning inventions are not patent- of muscular dystrophy, including Beck- name of the Senator from North Caro- able, and for other purposes. er, congenital, distal, Duchenne, lina (Mrs. DOLE) was added as a cospon- S. 2433 Emery-Dreifuss Facioscapulohumeral, sor of S. 3093, a bill to extend and im- At the request of Mr. WYDEN, his limb-girdle, myotonic, and oculo- prove the effectiveness of the employ- name was added as a cosponsor of S. pharyngeal muscular dystrophies. ment eligibility confirmation program. S. 2652 2433, a bill to require the President to S. 3140 develop and implement a comprehen- At the request of Mr. COLEMAN, his At the request of Mr. WEBB, the name sive strategy to further the United name was added as a cosponsor of S. of the Senator from Illinois (Mr. States foreign policy objective of pro- 2652, a bill to authorize the Secretary OBAMA) was added as a cosponsor of S. moting the reduction of global poverty, of Defense to make a grant to the Na- 3140, a bill to provide that 4 of the 12 the elimination of extreme global pov- tional World War II Museum Founda- weeks of parental leave made available erty, and the achievement of the Mil- tion for facilities and programs of to a Federal employee shall be paid lennium Development Goal of reducing America’s National World War II Mu- leave, and for other purposes. by one-half the proportion of people seum. S. 3141 worldwide, between 1990 and 2015, who S. 2681 At the request of Mrs. MURRAY, the live on less than $1 per day. At the request of Mr. INHOFE, the name of the Senator from Oregon (Mr. S. 2510 names of the Senator from North Caro- WYDEN) was added as a cosponsor of S. At the request of Mr. LEAHY, his lina (Mr. BURR), the Senator from 3141, a bill to provide for non- name was added as a cosponsor of S. South Dakota (Mr. JOHNSON) and the discrimination by eligible lenders in 2510, a bill to amend the Public Health Senator from Delaware (Mr. CARPER) the Federal Family Education Loan Service Act to provide revised stand- were added as cosponsors of S. 2681, a Program. ards for quality assurance in screening bill to require the issuance of medals and evaluation of gynecologic cytology to recognize the dedication and valor of S. 3168 preparations, and for other purposes. Native American code talkers. At the request of Mr. LUGAR, the S. 2523 S. 2771 name of the Senator from Nebraska (Mr. HAGEL) was added as a cosponsor At the request of Mr. KERRY, the At the request of Ms. LANDRIEU, the name of the Senator from Minnesota name of the Senator from Oregon (Mr. of S. 3168, a bill to authorize United States participation in the replenish- (Ms. KLOBUCHAR) was added as a co- SMITH) was added as a cosponsor of S. sponsor of S. 2523, a bill to establish 2771, a bill to require the president to ment of resources of the International the National Affordable Housing Trust call a White House Conference on Chil- Development Association, and for Fund in the Treasury of the United dren and Youth in 2010. other purposes. States to provide for the construction, S. 2776 S. 3169 rehabilitation, and preservation of de- At the request of Ms. CANTWELL, the At the request of Mr. LUGAR, the cent, safe, and affordable housing for name of the Senator from Delaware name of the Senator from Nebraska low-income families. (Mr. CARPER) was added as a cosponsor (Mr. HAGEL) was added as a cosponsor S. 2569 of S. 2776, a bill to provide duty-free of S. 3169, a bill to authorize United At the request of Mrs. BOXER, the treatment for certain goods from des- States participation in, and appropria- name of the Senator from New Jersey ignated Reconstruction Opportunity tions for the United States contribu- (Mr. LAUTENBERG) was added as a co- Zones in Afghanistan and Pakistan, tion to, the eleventh replenishment of sponsor of S. 2569, a bill to amend the and for other purposes. the resources of the African Develop- Public Health Service Act to authorize S. 2795 ment Fund. the Director of the National Cancer In- At the request of Mr. DURBIN, the S.J. RES. 41 stitute to make grants for the dis- names of the Senator from Wisconsin At the request of Mr. MCCONNELL, covery and validation of biomarkers (Mr. KOHL) and the Senator from Penn- the name of the Senator from Maine for use in risk stratification for, and sylvania (Mr. SPECTER) were added as (Ms. COLLINS) was added as a cosponsor the early detection and screening of, cosponsors of S. 2795, a bill to amend of S.J. Res. 41, a joint resolution ap- ovarian cancer. the Public Health Service Act to estab- proving the renewal of import restric- S. 2579 lish a nationwide health insurance pur- tions contained in the Burmese Free- At the request of Mr. INOUYE, the chasing pool for small businesses and dom and Democracy Act of 2003. names of the Senator from California the self employed that would offer a S. RES. 300 (Mrs. BOXER), the Senator from Florida choice of private health plans and At the request of Mr. MENENDEZ, the (Mr. NELSON), the Senator from Michi- make health coverage more affordable, name of the Senator from Maryland gan (Ms. STABENOW), the Senator from predictable, and accessible. (Ms. MIKULSKI) was added as a cospon- North Carolina (Mr. BURR) and the S. 2883 sor of S. Res. 300, a resolution express- Senator from Mississippi (Mr. COCH- At the request of Mr. ROCKEFELLER, ing the sense of the Senate that the RAN) were added as cosponsors of S. the name of the Senator from New Former Yugoslav Republic of Mac- 2579, a bill to require the Secretary of York (Mr. SCHUMER) was added as a co- edonia (FYROM) should stop the utili- the Treasury to mint coins in recogni- sponsor of S. 2883, a bill to require the zation of materials that violate provi- tion and celebration of the establish- Secretary of the Treasury to mint sions of the United Nations-brokered

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13323 Interim Agreement between FYROM cluding over 56,000 in my home state of S. 3180 and Greece regarding ‘‘hostile activi- North Carolina. Those individuals have Be it enacted by the Senate and House of Rep- ties or propaganda’’ and should work access to a network of about 112,000 resentatives of the United States of America in with the United Nations and Greece to dental plan providers across the na- Congress assembled, achieve longstanding United States tion. Premiums range from $14 to $48 SECTION 1. EXTENSION OF HIGHER EDUCATION and United Nations policy goals of per month per person, depending on the PROGRAMS. finding a mutually-acceptable official region and type of dental plan selected. (a) EXTENSION OF PROGRAMS.—Section 2(a) With this kind of success, it seems only of the Higher Education Extension Act of name for FYROM. 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is S. RES. 594 fitting that we offer the same kind of amended by striking ‘‘June 30, 2008’’ and in- At the request of Mr. BROWN, the benefit to our veterans. serting ‘‘July 31, 2008’’. name of the Senator from Indiana (Mr. VA runs the largest integrated (b) RULE OF CONSTRUCTION.—Nothing in health care system in the nation. Al- BAYH) was added as a cosponsor of S. this section, or in the Higher Education Ex- Res. 594, a resolution designating Sep- though VA provides dental benefits to tension Act of 2005 as amended by this Act, the 7.9 million veterans enrolled in the shall be construed to limit or otherwise alter tember 2008 as ‘‘Tay-Sachs Awareness the authorizations of appropriations for, or Month’’. health care system, these benefits are either limited to a select group of peo- the durations of, programs contained in the AMENDMENT NO. 5013 ple or can only be provided under very amendments made by the Higher Education Reconciliation Act of 2005 (Public Law 109– At the request of Mr. TESTER, the limited circumstances. For example, name of the Senator from Idaho (Mr. 171), by the College Cost Reduction and Ac- VA provides comprehensive dental care cess Act (Public Law 110–84), or by the En- CRAPO) was added as a cosponsor of to veterans for 180 days after they suring Continued Access to Student Loans amendment No. 5013 intended to be pro- leave service; who have service-related Act of 2008 (Public Law 110–227) to the provi- posed to H.R. 3221, a bill to provide dental conditions; who are in nursing sions of the Higher Education Act of 1965 and needed housing reform and for other homes and require dental care; or who the Taxpayer-Teacher Protection Act of 2004. purposes. fall under other very strict guidelines. f AMENDMENT NO. 5020 My bill would supplement this lim- AMENDMENTS SUBMITTED AND At the request of Mr. ENSIGN, the ited coverage by giving veterans and names of the Senator from Virginia survivors the option to purchase a PROPOSED (Mr. WARNER), the Senator from South more comprehensive dental plan. Of SA 5024. Ms. COLLINS submitted an Dakota (Mr. THUNE), the Senator from course, many veterans may have dental amendment intended to be proposed to Maine (Ms. SNOWE) and the Senator coverage through their employers or amendment SA 4983 proposed by Mr. REID (for Mr. DODD (for himself and Mr. SHELBY)) from Minnesota (Mr. COLEMAN) were through an individual policy. My bill extends this dental plan option to all to the bill H.R. 3221, moving the United added as cosponsors of amendment No. States toward greater energy independence 5020 intended to be proposed to H.R. enrolled veterans. and security, developing innovative new 3221, a bill to provide needed housing As I mentioned, the bill is modeled technologies, reducing carbon emissions, cre- reform and for other purposes. after the successful program that is ating green jobs, protecting consumers, in- AMENDMENT NO. 5022 now offered to TRICARE retirees. Fed- creasing clean renewable energy production, eral employees also have access to a At the request of Mr. SANDERS, the and modernizing our energy infrastructure, names of the Senator from New Hamp- similar benefit option for dental cov- and to amend the Internal Revenue Code of erage. Like these other programs, this 1986 to provide tax incentives for the produc- shire (Mr. SUNUNU), the Senator from VA program would be entirely vol- tion of renewable energy and energy con- New Mexico (Mr. BINGAMAN), the Sen- untary, be financed through premiums servation; which was ordered to lie on the ator from Maine (Ms. SNOWE) and the table. and, most importantly, provide needed Senator from Oregon (Mr. SMITH) were SA 5025. Mrs. MURRAY submitted an added as cosponsors of amendment No. coverage from a network of dental pro- amendment intended to be proposed to 5022 intended to be proposed to H.R. fessionals in local communities. amendment SA 4983 proposed by Mr. REID This bill would not replace VA’s den- 3221, a bill to provide needed housing (for Mr. DODD (for himself and Mr. SHELBY)) tal services; it is just another option reform and for other purposes. to the bill H.R. 3221, supra; which was or- for those who want to have access to dered to lie on the table. f group insurance rates that they could SA 5026. Ms. SNOWE submitted an amend- STATEMENTS ON INTRODUCED not otherwise get on their own. This ment intended to be proposed by her to the BILLS AND JOINT RESOLUTIONS idea is like the 44 year relationship VA bill H.R. 3221, supra; which was ordered to lie on the table. By Mr. BURR: has with Prudential, who provides ac- SA 5027. Mr. VITTER submitted an amend- S. 3178. A bill to amend title 38, tive duty servicemembers and veterans ment intended to be proposed to amendment United States Code, to authorize dental with group life insurance policies. The SA 4983 proposed by Mr. REID (for Mr. DODD insurance for veterans and survivors most important part of the relation- (for himself and Mr. SHELBY)) to the bill H.R. and dependents of veterans, and for ship is that servicemembers and vet- 3221, supra; which was ordered to lie on the table. other purposes; to the Committee on erans are well-served and get to reap the benefits of group rates and com- SA 5028. Mr. DURBIN submitted an amend- Veterans’ Affairs. ment intended to be proposed to amendment Mr. BURR. Mr. President, I rise petition. This is a good example of how we can SA 4983 proposed by Mr. REID (for Mr. DODD today to introduce bill that would give (for himself and Mr. SHELBY)) to the bill H.R. build on innovative and successful ap- our veterans, surviving spouses, and 3221, supra; which was ordered to lie on the proaches to improving options for our certain dependent children he option to table. veterans. I believe my bill is another buy dental insurance coverage through SA 5029. Mr. NELSON, of Florida (for him- step in that direction, and I ask my OLEMAN the Department of Veterans Affairs. self and Mr. C ) submitted an amend- colleagues for their support. ment intended to be proposed to amendment My bill is based on a very successful SA 4983 proposed by Mr. REID (for Mr. DODD program that has been in place since By Mr. REID (for Mr. KENNEDY): (for himself and Mr. SHELBY)) to the bill H.R. 1998 for military retirees and their fam- S. 3180. A bill to temporarily extend 3221, supra; which was ordered to lie on the ilies. the programs under the Higher Edu- table. Under the TRICARE Retiree Dental cation Act of 1965; considered and f Program, TRDP, military retirees are passed. given the option to purchase dental Mr. REID. Mr. President, I ask unan- TEXT OF AMENDMENTS coverage under a contract managed by imous consent that the text of the bill SA 5024. Ms. COLLINS submitted an the Department of Defense. Since the be printed in the RECORD. amendment intended to be proposed to program started, over one million eli- There being no objection, the text of amendment SA 4983 proposed by Mr. gible participants have chosen to buy the bill was ordered to be placed in the REID (for Mr. DODD (for himself and Mr. dental coverage through this plan, in- RECORD, as follows: SHELBY)) to the bill H.R. 3221, moving

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13324 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 the United States toward greater en- (b) COMBINATION VEHICLES IN EXCESS OF ergy independence and security, devel- ergy independence and security, devel- 80,000 POUNDS.—A vehicle described in this oping innovative new technologies, re- oping innovative new technologies, re- subsection is a vehicle having a weight in ex- ducing carbon emissions, creating ducing carbon emissions, creating cess of 80,000 pounds that— green jobs, protecting consumers, in- (1) consists of a 3-axle tractor unit hauling green jobs, protecting consumers, in- a single trailer or semitrailer; and creasing clean renewable energy pro- creasing clean renewable energy pro- (2) does not exceed any vehicle weight lim- duction, and modernizing our energy duction, and modernizing our energy itation that is applicable under the laws of a infrastructure, and to amend the Inter- infrastructure, and to amend the Inter- State to the operation of the vehicle on high- nal Revenue Code of 1986 to provide tax nal Revenue Code of 1986 to provide tax ways in the State that are not part of the incentives for the production of renew- incentives for the production of renew- Interstate System, as those laws are in effect able energy and energy conservation; able energy and energy conservation; on the date of enactment of this Act. which was ordered to lie on the table as (c) CONDITIONS.—This section shall apply at which was ordered to lie on the table; follows: as follows: any time at which the weighted average price of retail number 2 diesel in the United On page 175, between lines 2 and 3, insert At the end of the amendment, add the fol- States is $3.50 or more per gallon. the following: lowing: (d) EFFECTIVE DATE AND TERMINATION.— SEC. 1132A. GRANTS FOR FINANCIAL LITERACY DIVISION ll—COMMERCIAL TRUCK This section shall not remain in effect— EDUCATION. FUEL SAVINGS (1) after the date that is 2 years after the (a) DEFINITION OF SECRETARY.—In this sec- SEC. ll01. SHORT TITLE. date of enactment of this Act; or tion, the term ‘‘Secretary’’ means the Sec- This division may be cited as the ‘‘Com- (2) before the end of that 2-year period, retary of Education. mercial Truck Fuel Savings Demonstration after any date on which the Secretary of (b) GRANTS TO PROMOTE ELEMENTARY AND Act of 2008’’. Transportation— SECONDARY FINANCIAL LITERACY EDUCATION SEC. ll02. FINDINGS. (A) determines that— ASSISTANCE.— Congress finds that— (i) operation of vehicles described in sub- (1) DEFINITIONS.—In this subsection: (1) diesel fuel prices have increased more section (b) on covered Interstate System (A) ELIGIBLE ENTITY.—The term ‘‘eligible than 50 percent during the 1-year period be- highways has adversely affected safety on entity’’ means— tween May 2007 and May 2008; the overall highway network; or (i) a State educational agency, as such (2) laws governing Federal highway fund- (ii) a Commissioner has failed faithfully to term is defined in section 9101 of the Elemen- ing effectively impose a limit of 80,000 use the highway safety committee as de- tary and Secondary Education Act of 1965 (20 pounds on the weight of vehicles permitted scribed in section ll06(2)(A) or to collect U.S.C. 6301); or to use highways on the Interstate System; the data described in section ll06(3); and (ii) a State partnership consisting of— (3) the administration of that provision in (B) publishes the determination, together (I) a State educational agency; and many States has forced heavy tractor-trailer with the date of termination of this section, (II) a nonprofit organization with experi- and tractor-semitrailer combination vehicles in the Federal Register. ence and a proven quality track record in fi- traveling in those States to divert onto (e) CONSULTATION REGARDING TERMINATION nancial literacy or personal finance edu- small State and local roads on which higher FOR SAFETY.—In making a determination cation programs. vehicle weight limits apply under State law; under subsection (d)(2)(A)(i), the Secretary (B) ELIGIBLE LOCAL ENTITY.—In this sub- (4) the diversion of those vehicles onto of Transportation shall consult with the section, the term ‘‘eligible local entity’’ highway safety committee established by a those roads increases fuel costs because of means— Commissioner in accordance with section increased idling time and total travel time (i) a local educational agency, as such term along those roads; and 06. ll is defined in section 9101 of the Elementary (5) permitting heavy commercial vehicles, SEC. ll05. GAO TRUCK SAFETY DEMONSTRA- and Secondary Education Act of 1965 (20 including tanker trucks carrying hazardous TION REPORT. U.S.C. 6301); or material and fuel oil, to travel on Interstate The Comptroller General of the United (ii) a local partnership consisting of— System highways when fuel prices are high States shall carry out a study of the effects (I) a local educational agency; and would provide significant savings in the of participation in the program under sec- (II) not less than 1 of the following: transportation of goods throughout the tion ll04 on the safety of the overall high- (aa) A nonprofit organization with experi- United States. way network in States participating in that ence and a proven track record in quality fi- program. SEC. ll03. DEFINITIONS. nancial literacy or personal finance edu- ll In this division: SEC. 06. RESPONSIBILITIES OF STATES. cation programs. For the purpose of section ll04, a State (1) COMMISSIONER.—The term ‘‘Commis- (bb) An educational service agency, as such shall be considered to meet the conditions sioner’’ means the Commissioner of Trans- term is defined in section 9101 of the Elemen- under this section if the Commissioner of the portation of a State. tary and Secondary Education Act of 1965 (20 State— (2) COVERED INTERSTATE SYSTEM HIGHWAY.— U.S.C. 6301). (1) submits to the Secretary of Transpor- (A) IN GENERAL.—The term ‘‘covered Inter- (cc) A recipient of an Excellence in Eco- tation a plan for use in meeting the condi- state System highway’’ means a highway nomic Education grant under subpart 13 of tions described in paragraphs (2) and (3); designated as a route on the Interstate Sys- part D of title V of the Elementary and Sec- (2) establishes and chairs a highway safety tem. ondary Education Act of 1965 (20 U.S.C. 7267 committee that— (B) EXCLUSION.—The term ‘‘covered Inter- et seq.). (A) the Commissioner uses to review the state System highway’’ does not include any (dd) An institution of higher education, as data collected pursuant to paragraph (3); and portion of a highway that, as of the date of such term is defined in section 101 of the (B) consists of representatives of— the enactment of this Act, is exempt from Higher Education Act of 1965 (20 U.S.C. 1001). (i) agencies of the State that have respon- the requirements of subsection (a) of section (ee) A community organization. sibilities relating to highway safety; 127 of title 23, United States Code, pursuant (ff) A representative of local business. to a waiver under that subsection. (ii) municipalities of the State; (2) AUTHORIZATION.—The Secretary shall (iii) organizations that have evaluation or (3) INTERSTATE SYSTEM.—The term ‘‘Inter- award grants to eligible entities to enable promotion of highway safety among the state System’’ has the meaning given the such entities— principal purposes of the organizations; and term in section 101(a) of title 23, United (A) to award subgrants to local entities to (iv) the commercial trucking industry; and States Code. provide financial literacy education; and (3) collects data on the net effects that the SEC. ll04. WAIVER OF HIGHWAY FUNDING RE- (B) to carry out activities designed to pro- DUCTION RELATING TO WEIGHT OF operation of vehicles described in section mote financial literacy education. VEHICLES USING INTERSTATE SYS- ll04(b) on covered Interstate System high- (3) APPLICATION.—An eligible entity that TEM HIGHWAYS. ways have on the safety of the overall high- desires to receive a grant under this sub- (a) PROHIBITION RELATING TO CERTAIN VEHI- way network, including the net effects on section shall submit an application to the CLES.—Notwithstanding section 127(a) of single-vehicle and multiple-vehicle collision Secretary at such time, in such manner, and title 23, United States Code, the total rates for those vehicles. amount of funds apportioned to a State accompanied by such information as the Sec- under section 104(b)(1) of that title for any SA 5025. Mrs. MURRAY submitted an retary may require. period may not be reduced under section amendment intended to be proposed to (4) FORMULA.—From the total amount ap- 127(a) of that title if a State permits a vehi- propriated for this subsection under sub- cle described in subsection (b) to use a cov- amendment SA 4983 proposed by Mr. section (d) for a fiscal year, the Secretary ered Interstate System highway in the State REID (for Mr. DODD (for himself and Mr. shall allot to each State for such fiscal year in accordance with the conditions described SHELBY)) to the bill H.R. 3221, moving an amount that bears the same relation to in subsection (c). the United States toward greater en- such total amount as the amount such State

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13325 received under part A of title I of the Ele- shall provide, from non-Federal sources, an purpose of this certification process is to in- mentary and Secondary Education Act of amount equal to 25 percent of the amount of crease the transparency, predictability and 1965 (20 U.S.C. 6311 et seq.) for such fiscal the grant award to carry out activities re- reliability of securitized mortgage products. year bears to the total amount received by quired under this section. SEC. 803. DEFINITIONS. all States under such part for such fiscal (c) GRANTS TO PROMOTE POSTSECONDARY As used in this title— year. FINANCIAL LITERACY EDUCATION ASSIST- (1) the term ‘‘Board’’ means the Federal (5) USE OF FUNDS.— ANCE.— Board of Certification established under this (A) SUBGRANTS TO ELIGIBLE LOCAL ENTI- (1) AUTHORIZATION OF GRANT AWARDS.—The title; TIES.— Secretary shall award grants, on a competi- (2) the term ‘‘mortgage security’’ means an (i) AUTHORIZATION OF SUBGRANTS.—An eli- tive basis, to eligible entities to enable such investment instrument that represents own- gible entity that receives a grant under this entities to provide financial literacy courses ership of an undivided interest in a group of subsection shall use 75 percent of such grant or course components to students. mortgages; funds to award subgrants to eligible local en- (2) DEFINITION OF ELIGIBLE ENTITY.—In this (3) the term ‘‘insured depository institu- tities. subsection, the term ‘‘eligible entity’’ tion’’ has the same meaning as in section 3 (ii) APPLICATIONS.— means— of the Federal Deposit Insurance Act (12 (I) IN GENERAL.—An eligible local entity (A) an institution of higher education, as U.S.C. 1803); and that desires to receive a subgrant under this such term is defined in section 101 of the (4) the term ‘‘Federal financial institutions subparagraph shall submit an application to Higher Education Act of 1965 (20 U.S.C. 1001); regulatory agency’’ has the same meaning as the eligible entity at such time, in such or in section 1003 of the Federal Financial Insti- manner, and accompanied by such informa- (B) a partnership consisting of— tutions Examination Council Act of 1978 (12 tion as the eligible entity may require. (i) an institution of higher education; and U.S.C. 3302). (ii) a nonprofit organization with experi- (II) REVIEW OF APPLICATIONS.—The eligible SEC. 804. VOLUNTARY PARTICIPATION. ence and a proven track record in quality fi- entity shall review applications submitted Market participants, including firms that nancial literacy or personal finance edu- under subclause (I) in the same manner as package mortgage loans into mortgage secu- cation programs. applications are reviewed under section rities, may elect to have their mortgage se- (3) APPLICATION.—An eligible entity that 5534(b) of the Elementary and Secondary curities evaluated by the Board. Education Act of 1965 (20 U.S.C. 7267c(b)). desires to receive a grant under this sub- SEC. 805. STANDARDS. (iii) USE OF FUNDS.—An eligible local enti- section shall submit an application to the The Board is authorized to promulgate reg- ty that receives a subgrant under this sub- Secretary at such time, in such manner, and ulations establishing enumerated security paragraph— accompanied by such information as the Sec- standards which the Board shall use to cer- (I) shall use the subgrant funds to— retary may require. tify mortgage securities. The Board shall (aa) implement teacher training programs (4) USE OF FUNDS.—An eligible entity that promulgate standards which shall certify to embed financial literacy and personal fi- receives a grant under this subsection shall that the mortgages within a security instru- nance education into core academic subjects; use the grant funds to develop and imple- ment meet the underlying standards they (bb) administer financial literacy assess- ment financial literacy education, activities, claim to meet with regards to documenta- ments on not less than an annual basis in, at student organizations, or counseling that in- tion, loan to value ratios, debt service to in- a minimum, the grade levels selected by the crease student knowledge in consumer, eco- come rations and borrower credit standards. State pursuant to subparagraph (B)(i); and nomic, and personal financial concepts. The standards should protect settled inves- (cc) implement financial literacy activities (d) AUTHORIZATION OF APPROPRIATIONS.— tor expectations, and increase the trans- and sequences of study within core academic (1) ELEMENTARY AND SECONDARY FINANCIAL parency, predictability and reliability of subjects; and LITERACY EDUCATION GRANTS.—There is au- securitized mortgage products. (II) may use the subgrant funds to imple- thorized to be appropriated to carry out sub- ment school-based activities, including section (b) $75,000,000 for each of the fiscal SEC. 806. COMPOSITION. after-school activities, to enhance student years 2009 through 2014. (a) ESTABLISHMENT; COMPOSITION.—There is understanding and experiential learning with (2) POSTSECONDARY FINANCIAL LITERACY established the Federal Board of Certifi- consumer, economic, and personal finance EDUCATION GRANTS.—There is authorized to cation, which shall consist of— concepts. be appropriated to carry out subsection (c) (1) the Comptroller of the Currency; (iv) REPORT.—An eligible local entity that $75,000,000 for each of the fiscal years 2009 (2) the Secretary of Housing and Urban De- receives a subgrant under this subparagraph through 2014. velopment; shall include in the annual report card under (3) a Governor of the Board of Governors of section 1111(h)(2) of the Elementary and Sec- SA 5026. Ms. SNOWE submitted an the Federal Reserve System designated by ondary Education Act of 1965 (20 U.S.C. amendment intended to be proposed by the Chairman of the Board; 6311(h)(2)) the same information on student her to the bill H.R. 3221, moving the (4) the Undersecretary of the Treasury for achievement on the financial literacy assess- United States toward greater energy Domestic Finance; and ments, administered pursuant to subpara- independence and security, developing (5) the Chairman of the Securities and Ex- change Commission. graph (B)(ii), as required, pursuant to such innovative new technologies, reducing section 1111(h)(2), of the other State aca- (b) CHAIRPERSON.—The members of the carbon emissions, creating green jobs, Board shall select the first chairperson of demic assessments described in section protecting consumers, increasing clean 1111(b)(3) of the Elementary and Secondary the Board. Thereafter the position of chair- Education Act of 1965 (20 U.S.C. 6311(b)(3)). renewable energy production, and mod- person shall rotate among the members of (B) STATE ACTIVITIES.—An eligible entity ernizing our energy infrastructure, and the Board. that receives a grant under this subsection to amend the Internal Revenue Code of (c) TERM OF OFFICE.—The term of each shall use 25 percent of such grant funds to 1986 to provide tax incentives for the chairperson of the Board shall be 2 years. carry out the following: production of renewable energy and en- (d) DESIGNATION OF OFFICERS AND EMPLOY- (i) The development of financial literacy EES.—The members of the Board may, from ergy conservation; which was ordered time to time, designate other officers or em- standards in not less than 3 grade levels, in- to lie on the table; as follows: cluding not less than 1 grade level in elemen- ployees of their respective agencies to carry At the end of the bill, add the following: tary school, not less than 1 grade level in out their duties on the Board. middle school, and not less than 1 grade level TITLE VIII—FEDERAL BOARD OF (e) COMPENSATION AND EXPENSES.—Each in high school. CERTIFICATION member of the Board shall serve without ad- (ii) The development of appropriate finan- SEC. 801. SHORT TITLE. ditional compensation, but shall be entitled cial literacy assessments in the grade levels This title may be cited as the ‘‘Restore to reasonable expenses incurred in carrying determined under clause (i) that are valid, Confidence in Mortgage Securities Act of out official duties as such a member. reliable, and comparable across the State. 2008’’. SEC. 807. EXPENSES. (iii) Teacher professional development pro- SEC. 802. PURPOSE. The costs and expenses of the Board, in- grams to embed financial literacy or per- It is the purpose of this title to establish a cluding the salaries of its employees, shall sonal finance education into core academic Federal Board of Certification, which shall be paid for by excise fees collected from ap- subjects. certify that the mortgages within a security plicants for security certification from the (iv) An evaluation of the impact of finan- instrument meet the underlying standards Board, according to fee scales set by the cial literacy or personal finance education they claim to meet with regards to mortgage Board. on students’ understanding of financial lit- characteristics including but not limited to: SEC. 808. BOARD RESPONSIBILITIES. eracy concepts. documentation, loan to value ratios, debt (a) ESTABLISHMENT OF PRINCIPLES AND (6) MATCHING FUNDS.—An eligible entity service to income ratios, and borrower credit STANDARDS.—The Board shall establish, by that receives a grant under this subsection standards and geographic concentration. The rule, uniform principles and standards and

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00021 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13326 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 report forms for the regular examination of (1) categorize the regulations described in (1) the actual cost of maintaining informa- mortgage securities. subsection (a) by type; and tion on the Nationwide Mortgage Licensing (b) DEVELOPMENT OF UNIFORM REPORTING (2) at regular intervals, provide notice and System and Registry; and SYSTEM.—The Board shall develop uniform solicit public comment on a particular cat- (2) if the fees charged under subsection (a) reporting systems for use by the Board in egory or categories of regulations, request- are excessive. ascertaining mortgage security risk. The ing commentators to identify areas of the Board shall assess, and publicly publish, how regulations that are outdated, unnecessary, SA 5028. Mr. DURBIN submitted an it evaluates and certifies the composition of or unduly burdensome. amendment intended to be proposed to mortgage securities. (c) COMPLETE REVIEW.—The Board shall en- amendment SA 4983 proposed by Mr. (c) AFFECT ON FEDERAL REGULATORY AGEN- sure that the notice and comment period de- REID (for Mr. DODD (for himself and Mr. CY RESEARCH AND DEVELOPMENT OF NEW FI- scribed in subsection (b)(2) is conducted with SHELBY)) to the bill H.R. 3221, moving NANCIAL INSTITUTIONS SUPERVISORY AGEN- respect to all regulations described in sub- CIES.—Nothing in this title shall be con- section (a), not less frequently than once the United States toward greater en- strued to limit or discourage Federal regu- every 10 years. ergy independence and security, devel- latory agency research and development of (d) REGULATORY RESPONSE.—The Board oping innovative new technologies, re- new financial institutions supervisory meth- shall— ducing carbon emissions, creating ods and tools, nor to preclude the field test- (1) publish in the Federal Register a sum- green jobs, protecting consumers, in- ing of any innovation devised by any Federal mary of the comments received under this creasing clean renewable energy pro- regulatory agency. section, identifying significant issues raised duction, and modernizing our energy (d) ANNUAL REPORT.—Not later than April and providing comment on such issues; and infrastructure, and to amend the Inter- 1 of each year, the Board shall prepare and (2) eliminate unnecessary regulations to submit to Congress an annual report cov- the extent that such action is appropriate. nal Revenue Code of 1986 to provide tax ering its activities during the preceding (e) REPORT TO CONGRESS.—Not later than incentives for the production of renew- year. 30 days after carrying out subsection (d)(1) of able energy and energy conservation; (e) REPORTING SCHEDULE.—The Board shall this section, the Board shall submit to the which was ordered to lie on the table; determine whether it wants to evaluate Congress a report, which shall include a sum- as follows: mortgage securities at issuance, on a regular mary of any significant issues raised by pub- basis, or upon request. On page 410, strike line 22 and all that fol- lic comments received by the Board under lows through page 423, line 5, and insert the SEC. 809. BOARD AUTHORITY. this section and the relative merits of such following: (a) AUTHORITY OF CHAIRPERSON.—The issues. chairperson of the Board is authorized to (7) REGISTERED LOAN ORIGINATOR.—The SEC. 812. LIABILITY. term ‘‘registered loan originator’’ means any carry out and to delegate the authority to Any publication, transmission, or webpage carry out the internal administration of the individual who— containing an advertisement for or invita- (A) meets the definition of a— Board, including the appointment and super- tion to buy a mortgage security shall include (i) loan originator and is an employee of— vision of employees and the distribution of the following notice, in conspicuous type: (I) a depository institution; business among members, employees, and ad- ‘‘Certification by the Federal Board of Cer- (II) a subsidiary that is— ministrative units. tification can in no way be considered a (aa) owned and controlled by a depository (b) USE OF PERSONNEL, SERVICES, AND FA- guarantee of the mortgage security. Certifi- institution; and CILITIES OF FEDERAL FINANCIAL INSTITUTIONS cation is merely a judgment by the Federal (bb) regulated by a Federal banking agen- REGULATORY AGENCIES, AND FEDERAL RE- Board of Certification of the degree of risk cy; or SERVE BANKS.—In addition to any other au- offered by the security in question. The Fed- (III) an institution regulated by the Farm thority conferred upon it by this title, in eral Board of Certification is not liable for Credit Administration; or carrying out its functions under this title, any actions taken in reliance on such judg- the Board may utilize, with their consent ment of risk.’’. (ii) loan originator and is an exclusive and to the extent practical, the personnel, agent who shall have entered into a written services, and facilities of the Federal finan- SA 5027. Mr. VITTER submitted an agreement with only one national bank or cial institutions regulatory agencies, and amendment intended to proposed to one Federal savings association, and is sub- Federal Reserve banks, with or without re- amendment SA 4983 proposed by Mr. ject to regulation and examination by the imbursement therefor. Office of the Comptroller of the Currency or EID ODD (c) COMPENSATION, AUTHORITY, AND DUTIES R (for Mr. D (for himself and Mr. the Office of Thrift Supervision, as applica- OF OFFICERS AND EMPLOYEES; EXPERTS AND SHELBY)) to the bill H.R. 3221, moving ble, pursuant to a program providing for the CONSULTANTS.—The Board may— the United States toward greater en- use of such exclusive agents which has been (1) subject to the provisions of title 5, ergy independence and security, devel- approved by such agency, respectively; and United States Code, relating to the competi- oping innovative new technologies, re- (B) is registered with, and maintains a tive service, classification, and General ducing carbon emissions, creating unique identifier through, the Nationwide Schedule pay rates, appoint and fix the com- green jobs, protecting consumers, in- Mortgage Licensing System and Registry. pensation of such officers and employees as creasing clean renewable energy pro- (8) RESIDENTIAL MORTGAGE LOAN.—The are necessary to carry out the provisions of duction, and modernizing our energy term ‘‘residential mortgage loan’’ means any this title, and to prescribe the authority and loan primarily for personal, family, or house- duties of such officers and employees; and infrastructure, and to amend the Inter- hold use that is secured by a mortgage, deed (2) obtain the services of such experts and nal Revenue Code of 1986 to provide tax of trust, or other equivalent consensual secu- consultants as are necessary to carry out incentives for the production of renew- rity interest on a dwelling (as defined in sec- this title. able energy and energy conservation; tion 103(v) of the Truth in Lending Act) or SEC. 810. BOARD ACCESS TO INFORMATION. which was ordered to lie on the table; residential real estate upon which is con- For the purpose of carrying out this title, as follows: structed or intended to be constructed a the Board shall have access to all books, ac- On page 428, line 17, before ‘‘The Federal’’ dwelling (as so defined). (9) SECRETARY.—The term ‘‘Secretary’’ counts, records, reports, files, memoran- insert ‘‘(a) IN GENERAL.—’’ dums, papers, things, and property belonging On page 428, after line 24, insert the fol- means the Secretary of Housing and Urban to or in use by Federal financial institutions lowing: Development. regulatory agencies, including reports of ex- (b) EXCESS FEES.—To the extent that any (10) STATE-LICENSED LOAN ORIGINATOR.— amination of financial institutions, their fees charged and collected under subsection The term ‘‘State-licensed loan originator’’ holding companies, or mortgage lending en- (a) exceed the costs of maintaining and pro- means any individual who— tities from whatever source, together with viding access to information from the Na- (A) is a loan originator other than a ‘‘reg- work papers and correspondence files related tionwide Mortgage Licensing System and istered loan originator’’; and to such reports, whether or not a part of the Registry, such excess fees shall deposited in (B) is licensed by a State or by the Sec- report, and all without any deletions. the Deficit Reduction Fund established retary under section 1508 and is registered as SEC. 811. REGULATORY REVIEW. under subsection (c) to be used only to make a loan originator with, and maintains a (a) IN GENERAL.—Not less frequently than payments to reduce the deficit. unique identifier through, the Nationwide once every 10 years, the Board shall conduct (c) DEFICIT REDUCTION FUND.—There is es- Mortgage Licensing System and Registry. a review of all regulations prescribed by the tablished in the general fund of the Treasury (11) UNIQUE IDENTIFIER.— Board, in order to identify outdated or other- a fund to be known as the ‘‘Deficit Reduction (A) IN GENERAL.—The term ‘‘unique identi- wise unnecessary regulatory requirements Fund’’. fier’’ means a number or other identifier imposed on insured depository institutions. (d) REPORT.—The Comptroller General that— (b) PROCESS.—In conducting the review shall, on an annual basis, conduct a study (i) permanently identifies a loan origi- under subsection (a), the Board shall— and submit a report to Congress on— nator;

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(ii) is assigned by protocols established by fraud, dishonesty, or a breach of trust, or (C) SUBSEQUENT RETESTS.—After failing 3 the Nationwide Mortgage Licensing System money laundering. consecutive tests, an individual shall wait at and Registry and the Federal banking agen- (3) The applicant has demonstrated finan- least 6 months before taking the test again. cies to facilitate electronic tracking of loan cial responsibility, character, and general (D) RETEST AFTER LAPSE OF LICENSE.—A originators and uniform identification of, fitness such as to command the confidence of State-licensed loan originator who fails to and public access to, the employment his- the community and to warrant a determina- maintain a valid license for a period of 5 tory of and the publicly adjudicated discipli- tion that the loan originator will operate years or longer shall retake the test, not nary and enforcement actions against loan honestly, fairly, and efficiently within the taking into account any time during which originators; and purposes of this title. such individual is a registered loan origi- (iii) shall not be used for purposes other (4) The applicant has completed the pre-li- nator. than those set forth under this title. censing education requirement described in (e) MORTGAGE CALL REPORTS.—Each mort- (B) RESPONSIBILITY OF STATES.—To the subsection (c). gage licensee shall submit to the Nationwide greatest extent possible and to accomplish (5) The applicant has passed a written test Mortgage Licensing System and Registry re- the purpose of this title, States shall use that meets the test requirement described in ports of condition, which shall be in such unique identifiers in lieu of social security subsection (d). form and shall contain such information as numbers. (6) The applicant has met either a net the Nationwide Mortgage Licensing System SEC. 1504. LICENSE OR REGISTRATION RE- worth or surety bond requirement, as re- and Registry may require. QUIRED. quired by the State pursuant to section SEC. 1506. STANDARDS FOR STATE LICENSE RE- (a) IN GENERAL.—An individual may not 1508(d)(6). NEWAL. engage in the business of a loan originator (c) PRE-LICENSING EDUCATION OF LOAN (a) IN GENERAL.—The minimum standards without first— ORIGINATORS.— for license renewal for State-licensed loan (1) obtaining, and maintaining annually— (1) MINIMUM EDUCATIONAL REQUIREMENTS.— originators shall include the following: (A) a registration as a registered loan In order to meet the pre-licensing education (1) The loan originator continues to meet originator; or requirement referred to in subsection (b)(4), the minimum standards for license issuance. (B) a license and registration as a State-li- a person shall complete at least 20 hours of (2) The loan originator has satisfied the an- censed loan originator; and education approved in accordance with para- nual continuing education requirements de- (2) obtaining a unique identifier. graph (2), which shall include at least— scribed in subsection (b). (b) LOAN PROCESSORS AND UNDERWRITERS.— (A) 3 hours of Federal law and regulations; (b) CONTINUING EDUCATION FOR STATE-LI- (1) SUPERVISED LOAN PROCESSORS AND UN- (B) 3 hours of ethics, which shall include CENSED LOAN ORIGINATORS.— DERWRITERS.—A loan processor or under- instruction on fraud, consumer protection, (1) IN GENERAL.—In order to meet the an- writer who does not represent to the public, and fair lending issues; and nual continuing education requirements re- through advertising or other means of com- (C) 2 hours of training related to lending ferred to in subsection (a)(2), a State-li- municating or providing information (in- standards for the nontraditional mortgage censed loan originator shall complete at cluding the use of business cards, stationery, product marketplace. least 8 hours of education approved in ac- brochures, signs, rate lists, or other pro- (2) APPROVED EDUCATIONAL COURSES.—For cordance with paragraph (2), which shall in- motional items), that such individual can or purposes of paragraph (1), pre-licensing edu- clude at least— will perform any of the activities of a loan cation courses shall be reviewed, and ap- (A) 3 hours of Federal law and regulations; originator shall not be required to be a proved by the Nationwide Mortgage Licens- (B) 2 hours of ethics, which shall include State-licensed loan originator. ing System and Registry. instruction on fraud, consumer protection, (2) INDEPENDENT CONTRACTORS.—An inde- (3) LIMITATION AND STANDARDS.— and fair lending issues; and pendent contractor may not engage in resi- (A) LIMITATION.—To maintain the inde- (C) 2 hours of training related to lending dential mortgage loan origination activities pendence of the approval process, the Na- standards for the nontraditional mortgage as a loan processor or underwriter unless tionwide Mortgage Licensing System and product marketplace. such independent contractor is a State-li- Registry shall not directly or indirectly offer (2) APPROVED EDUCATIONAL COURSES.—For censed loan originator. pre-licensure educational courses for loan originators. purposes of paragraph (1), continuing edu- SEC. 1505. STATE LICENSE AND REGISTRATION cation courses shall be reviewed, and ap- APPLICATION AND ISSUANCE. (B) STANDARDS.—In approving courses proved by the Nationwide Mortgage Licens- (a) BACKGROUND CHECKS.—In connection under this section, the Nationwide Mortgage with an application to any State for licens- Licensing System and Registry shall apply ing System and Registry. ing and registration as a State-licensed loan reasonable standards in the review and ap- (3) CALCULATION OF CONTINUING EDUCATION originator, the applicant shall, at a min- proval of courses. CREDITS.—A State-licensed loan originator— imum, furnish to the Nationwide Mortgage (d) TESTING OF LOAN ORIGINATORS.— (A) may only receive credit for a con- Licensing System and Registry information (1) IN GENERAL.—In order to meet the writ- tinuing education course in the year in concerning the applicant’s identity, includ- ten test requirement referred to in sub- which the course is taken; and ing— section (b)(5), an individual shall pass, in ac- (B) may not take the same approved course (1) fingerprints for submission to the Fed- cordance with the standards established in the same or successive years to meet the eral Bureau of Investigation, and any gov- under this subsection, a qualified written annual requirements for continuing edu- ernmental agency or entity authorized to re- test developed by the Nationwide Mortgage cation. ceive such information for a State and na- Licensing System and Registry and adminis- (4) INSTRUCTOR CREDIT.—A State-licensed tional criminal history background check; tered by an approved test provider. loan originator who is approved as an in- and (2) QUALIFIED TEST.—A written test shall structor of an approved continuing education (2) personal history and experience, includ- not be treated as a qualified written test for course may receive credit for the origina- ing authorization for the System to obtain— purposes of paragraph (1) unless the test ade- tor’s own annual continuing education re- (A) an independent credit report obtained quately measures the applicant’s knowledge quirement at the rate of 2 hours credit for from a consumer reporting agency described and comprehension in appropriate subject every 1 hour taught. in section 603(p) of the Fair Credit Reporting areas, including— (5) LIMITATION AND STANDARDS.— Act; and (A) ethics; (A) LIMITATION.—To maintain the inde- (B) information related to any administra- (B) Federal law and regulation pertaining pendence of the approval process, the Na- tive, civil or criminal findings by any gov- to mortgage origination; tionwide Mortgage Licensing System and ernmental jurisdiction. (C) State law and regulation pertaining to Registry shall not directly or indirectly offer (b) ISSUANCE OF LICENSE.—The minimum mortgage origination; any continuing education courses for loan standards for licensing and registration as a (D) Federal and State law and regulation, originators. State-licensed loan originator shall include including instruction on fraud, consumer (B) STANDARDS.—In approving courses the following: protection, the nontraditional mortgage under this section, the Nationwide Mortgage (1) The applicant has never had a loan marketplace, and fair lending issues. Licensing System and Registry shall apply originator license revoked in any govern- (3) MINIMUM COMPETENCE.— reasonable standards in the review and ap- mental jurisdiction. (A) PASSING SCORE.—An individual shall proval of courses. (2) The applicant has not been convicted of, not be considered to have passed a qualified SEC. 1507. SYSTEM OF REGISTRATION ADMINIS- or pled guilty or nolo contendere to, a felony written test unless the individual achieves a TRATION BY FEDERAL AGENCIES. in a domestic, foreign, or military court— test score of not less than 75 percent correct (a) DEVELOPMENT.— (A) during the 7-year period preceding the answers to questions. (1) IN GENERAL.—The Federal banking date of the application for licensing and reg- (B) INITIAL RETESTS.—An individual may agencies shall jointly, through the Federal istration; or retake a test 3 consecutive times with each Financial Institutions Examination Council, (B) at any time preceding such date of ap- consecutive taking occurring at least 30 days and together with the Farm Credit Adminis- plication, if such felony involved an act of after the preceding test. tration, develop and maintain a system for

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00023 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13328 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 registering employees of a depository insti- gage industry-sponsored foreclosure preven- (A) on or after the date of the enactment of tution, employees of a subsidiary that is tion plan during such taxable year. this Act and before January 1, 2010, and owned and controlled by a depository insti- (3) TREATMENT OF PLAN DISTRIBUTIONS.— (B) during a taxable year during which the tution and regulated by a Federal banking (A) IN GENERAL.—If a distribution to an in- individual has qualifying mortgage expendi- agency, or employees of an institution regu- dividual would (without regard to paragraph tures. lated by the Farm Credit Administration, or (1) or (2)) be a qualified foreclosure recovery (2) QUALIFYING MORTGAGE EXPENDITURES.— exclusive agents of a national bank or Fed- distribution, a plan shall not be treated as (A) IN GENERAL.—The term ‘‘qualifying eral savings association as registered loan violating any requirement of the Internal mortgage expenditures’’ means any of the originators with the Nationwide Mortgage Revenue Code of 1986 merely because the following expenditures: Licensing System and Registry. The system plan treats such distribution as a qualified (i) Payment of principal or interest on an shall be implemented before the end of the 1- foreclosure recovery distribution, unless the applicable mortgage. year period beginning on the date of enact- aggregate amount of such distributions from (ii) Payment of costs paid or incurred in ment of this title. all plans maintained by the employer (and refinancing, or modifying the terms of, an (2) REGISTRATION REQUIREMENTS.—In con- any member of any controlled group which applicable mortgage. nection with the registration of any loan includes the employer) to such individual ex- (B) APPLICABLE MORTGAGE.—The term ‘‘ap- originator under this subsection, the appro- ceeds $25,000. plicable mortgage’’ means a mortgage priate Federal banking agency and the Farm (B) CONTROLLED GROUP.—For purposes of which— Credit Administration shall, at a minimum, subparagraph (A), the term ‘‘controlled (i) was entered into after December 31, furnish or cause to be furnished to the Na- group’’ means any group treated as a single 2002, and before the date of the enactment of tionwide Mortgage Licensing System and employer under subsection (b), (c), (m), or (o) this Act, and Registry information concerning the of section 414 of such Code. (ii) constitutes a security interest in the employees’s or exclusive agent’s identity, in- (c) AMOUNT DISTRIBUTED MAY BE REPAID.— principal residence of the mortgagor. cluding— (1) IN GENERAL.—Any individual who re- (C) JOINT FILERS.—In the case of married ceives a qualified foreclosure recovery dis- individuals filing a joint return under sec- SA 5029. Mr. NELSON of Florida (for tribution may, at any time during the 2-year tion 6013 of the Internal Revenue Code of himself and Mr. COLEMAN) submitted period beginning on the day after the date on 1986, the qualifying mortgage expenditures of an amendment intended to be proposed which such distribution was received, make the taxpayer may be allocated between the to amendment SA 4983 proposed by Mr. one or more contributions in an aggregate spouses in such manner as they elect. amount not to exceed the amount of such (3) ELIGIBLE RETIREMENT PLAN.—The term REID (for Mr. DODD (for himself and Mr. distribution to an eligible retirement plan of ‘‘eligible retirement plan’’ shall have the SHELBY)) to the bill H.R. 3221, moving which such individual is a beneficiary and to meaning given such term by section the United States toward greater en- which a rollover contribution of such dis- 402(c)(8)(B) of such Code. ergy independence and security, devel- tribution could be made under section 402(c), (4) PRINCIPAL RESIDENCE.—The term ‘‘prin- oping innovative new technologies, re- 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16) of cipal residence’’ has the same meaning as ducing carbon emissions, creating the Internal Revenue Code of 1986, as the when used in section 121 of such Code. green jobs, protecting consumers, in- case may be. (e) INCOME INCLUSION SPREAD OVER 2-YEAR creasing clean renewable energy pro- (2) TREATMENT OF REPAYMENTS OF DIS- PERIOD FOR QUALIFIED FORECLOSURE RECOV- duction, and modernizing our energy TRIBUTIONS FROM ELIGIBLE RETIREMENT PLANS ERY DISTRIBUTIONS.— OTHER THAN IRAS.—For purposes of such (1) IN GENERAL.—In the case of any quali- infrastructure, and to amend the Inter- Code, if a contribution is made pursuant to fied foreclosure recovery distribution, unless nal Revenue Code of 1986 to provide tax paragraph (1) with respect to a qualified fore- the taxpayer elects not to have this sub- incentives for the production of renew- closure recovery distribution from an eligi- section apply for any taxable year, any able energy and energy conservation; ble retirement plan other than an individual amount required to be included in gross in- which was ordered to lie on the table; retirement plan, then the taxpayer shall, to come for such taxable year shall be so in- as follows: the extent of the amount of the contribu- cluded ratably over the 2-taxable year period On page 588, between lines 14 and 15, insert tion, be treated as having received the quali- beginning with such taxable year. the following: fied foreclosure recovery distribution in an (2) SPECIAL RULE.—For purposes of para- eligible rollover distribution (as defined in graph (1), rules similar to the rules of sub- SEC. ll. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR FORE- section 402(c)(4) of such Code) and as having paragraph (E) of section 408A(d)(3) of the In- CLOSURE RECOVERY RELIEF FOR transferred the amount to the eligible retire- ternal Revenue Code of 1986 shall apply. INDIVIDUALS WITH MORTGAGES ON ment plan in a direct trustee to trustee (f) SPECIAL RULES.— THEIR PRINCIPAL RESIDENCES. transfer within 60 days of the distribution. (1) EXEMPTION OF DISTRIBUTIONS FROM (a) IN GENERAL.—Section 72(t) of the Inter- (3) TREATMENT OF REPAYMENTS FOR DIS- TRUSTEE TO TRUSTEE TRANSFER AND WITH- nal Revenue Code of 1986 shall not apply to TRIBUTIONS FROM IRAS.—For purposes of such HOLDING RULES.—For purposes of sections any qualified foreclosure recovery distribu- Code, if a contribution is made pursuant to 401(a)(31), 402(f), and 3405 of the Internal Rev- tion. paragraph (1) with respect to a qualified fore- enue Code of 1986, qualified foreclosure re- (b) LIMITATIONS.— closure recovery distribution from an indi- covery distributions shall not be treated as (1) IN GENERAL.—For purposes of this sec- vidual retirement plan (as defined by section eligible rollover distributions. tion, in the case of an individual who is an 7701(a)(37) of such Code), then, to the extent (2) QUALIFIED FORECLOSURE RECOVERY DIS- eligible taxpayer, the aggregate amount of of the amount of the contribution, the quali- TRIBUTIONS TREATED AS MEETING PLAN DIS- distributions received by the individual fied foreclosure recovery distribution shall TRIBUTION REQUIREMENTS.—For purposes of which may be treated as qualified fore- be treated as a distribution described in sec- such Code, a qualified foreclosure recovery closure recovery distributions for any tax- tion 408(d)(3) of such Code and as having been distribution shall be treated as meeting the able year shall not exceed the lesser of— transferred to the eligible retirement plan in requirements of sections 401(k)(2)(B)(i), (A) the individual’s qualified mortgage ex- a direct trustee to trustee transfer within 60 403(b)(7)(A)(ii), 403(b)(11), and 457(d)(1)(A) of penditures for the taxable year, or days of the distribution. such Code. (B) the excess (if any) of— (4) APPLICATION TO ELIGIBLE RETIREMENT (3) SUBSTANTIALLY EQUAL PERIODIC PAY- (i) $25,000, over PLANS.— MENTS.—A qualified foreclosure recovery dis- (ii) the aggregate amounts treated as (A) IN GENERAL.—Nothing in this section tribution— qualified foreclosure recovery distributions shall be treated as requiring an eligible re- (A) shall be disregarded in determining received by such individual for all prior tax- tirement plan to accept any contributions whether a payment is a part of a series of able years. described in this subsection. substantially equal periodic payment under (2) ELIGIBLE TAXPAYER.—The term ‘‘eligible (B) QUALIFICATION.—An eligible retirement section 72(t)(2)(A)(iv) of such Code, and taxpayer’’ means, with respect to any tax- plan shall not be treated as violating any re- (B) shall not constitute a change in sub- able year, a taxpayer— quirement of Federal law solely by reason of stantially equal periodic payments under (A) with adjusted gross income for the tax- the acceptance of contributions described in section 72(t)(4) of such Code. able year not in excess of $55,000 ($110,000 in this subparagraph. (g) PROVISIONS RELATING TO PLAN AMEND- the case of a joint return under section 6013), (d) DEFINITIONS.—For purposes of this sec- MENTS.— and tion— (1) IN GENERAL.—If this subsection applies (B) who provides certification to the Sec- (1) QUALIFIED FORECLOSURE RECOVERY DIS- to any amendment to any plan or annuity retary of participation in the Hope for Home- TRIBUTION.—The term ‘‘qualified foreclosure contract, such plan or contract shall be owners Program established under section recovery distribution’’ means any distribu- treated as being operated in accordance with 1402 of the Housing and Economic Recovery tion to an individual from an eligible retire- the terms of the plan during the period de- Act of 2008 or any other government or mort- ment plan which is made— scribed in paragraph (2)(B)(i).

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13329 (2) AMENDMENTS TO WHICH SUBSECTION AP- and Means of the House of Representatives conduct an oversight hearing on Access PLIES.— and the Committees on Finance and Bank- to Contract Health Services in Indian (A) IN GENERAL.—This subsection shall ing, Housing, and Urban Affairs of the Sen- Country. apply to any amendment to any plan or an- ate.’’. Those wishing additional information nuity contract which is made— f (i) pursuant to the provisions this section, may contact the Indian Affairs Com- or pursuant to any regulation issued by the NOTICES OF HEARINGS mittee at 224–2251. Secretary of the Treasury or the Secretary COMMITTEE ON SMALL BUSINESS AND COMMITTEE ON ENERGY AND NATURAL of Labor under this section, and ENTREPRENEURSHIP RESOURCES (ii) on or before the last day of the first Mr. KERRY. Mr. President, I would Mr. BINGAMAN. Mr. President, I plan year beginning on or after January 1, like to inform Members that the Com- would like to announce for the infor- 2010, or such later date as the Secretary of mittee on Small Business and Entre- mation of the Senate and the public the Treasury may prescribe. preneurship will hold a hearing enti- that a hearing has been scheduled be- In the case of a governmental plan (as de- tled ‘‘Examining Solutions to Cope fore Committee on Energy and Natural fined in section 414(d) of the Internal Rev- with the Rise in Home Heating Oil enue Code of 1986), clause (ii) shall be applied Resources Subcommittee on Public Prices,’’ on Wednesday, June 25, 2008, by substituting the date which is 2 years Lands and Forests. at 10 a.m., in room 428A of the Russell after the date otherwise applied under clause The hearing will be held on Wednes- Senate Office Building. (ii). day, July 9, 2008, at 2:30 p.m. in room (B) CONDITIONS.—This subsection shall not SD–366 of the Dirksen Senate Office f apply to any amendment unless— (i) during the period— Building. HIGHER EDUCATION ACT OF 1965 (I) beginning on the date the legislative or The purpose of the hearing is to re- EXTENSION regulatory amendment described in subpara- ceive testimony on the following bills: Mr. REID. Madam President, I ask graph (A)(i) takes effect (or in the case of a S. 2443 and H.R. 2246, to provide for the unanimous consent the Senate proceed plan or contract amendment not required by release of any reversionary interest of to S. 3180 that was introduced today. such legislative or regulatory amendment, the United States in and to certain The PRESIDING OFFICER. The any later effective date specified by the lands in Reno, Nevada; S. 2779, to clerk will report the bill by title. plan), and amend the Surface Mining Control and (II) ending on the date described in sub- The assistant legislative clerk read paragraph (A)(ii) (or, if earlier, the date the Reclamation Act of 1977 to clarify that as follows: plan or contract amendment is adopted), uncertified States and Indian tribes A bill (S. 3180) to temporarily extend the the plan or contract is operated as if such have the authority to use certain pay- programs under the Higher Education Act of plan or contract amendment were in effect; ments for certain noncoal reclamation 1965. and projects; S. 2875, to authorize the Sec- There being no objection, the Senate (ii) such plan or contract amendment ap- retary of the Interior to provide grants proceeded to consider the bill. plies retroactively for such period. to designated States and tribes to Mr. REID. I ask unanimous consent SEC. ll. APPLICATION OF CONTINUOUS LEVY carry out programs to reduce the risk the bill be read three times, passed, the TO PROPERTY SOLD OR LEASED TO of livestock loss due to predation by motion to reconsider be laid on the THE FEDERAL GOVERNMENT. gray wolves and other predator species table with no intervening action or de- (a) IN GENERAL.—Paragraph (3) of section 6331(h) is amended by striking ‘‘goods’’ and or to compensate landowners for live- bate, and any statements relating to inserting ‘‘property’’. stock loss due to predation; S. 2898 and this matter be printed in the RECORD. (b) EFFECTIVE DATE.—The amendment H.R. 816, to provide for the release of The PRESIDING OFFICER. Without made by this section shall apply to levies ap- certain land from the Sunrise Moun- objection, it is so ordered. proved after the date of the enactment of tain Instant Study Area in the State of The bill (S. 3180) was ordered to be this Act. Nevada; S. 3088, to designate certain engrossed for a third reading, was read SEC. ll. INVESTMENT OF OPERATING CASH. land in the State of Oregon as wilder- the third time, and passed, as follows: Section 323 of title 31, United States Code, ness, and for other purposes; S. 3089, to S. 3180 is amended to read as follows: designate certain land in the State of Be it enacted by the Senate and House of Rep- ‘‘§ 323. Investment of operating cash Oregon as wilderness, and for other resentatives of the United States of America in ‘‘(a) To manage United States cash, the purposes; S. 3089, to designate certain Congress assembled, Secretary of the Treasury may invest any land in the State of Oregon as wilder- SECTION 1. EXTENSION OF HIGHER EDUCATION part of the operating cash of the Treasury ness, to provide for the exchange of PROGRAMS. for not more than 90 days. The Secretary (a) EXTENSION OF PROGRAMS.—Section 2(a) may invest the operating cash of the Treas- certain Federal land and non-Federal of the Higher Education Extension Act of ury in— land, and for other purposes; and S. 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is ‘‘(1) obligations of depositories maintain- 3157, to provide for the exchange and amended by striking ‘‘June 30, 2008’’ and in- ing Treasury tax and loan accounts secured conveyance of certain National Forest serting ‘‘July 31, 2008’’. by pledged collateral acceptable to the Sec- System land and other land in south- (b) RULE OF CONSTRUCTION.—Nothing in retary; east Arizona, and for other purposes. this section, or in the Higher Education Ex- ‘‘(2) obligations of the United States Gov- Because of the limited time available tension Act of 2005 as amended by this Act, ernment; and for the hearing, witnesses may testify shall be construed to limit or otherwise alter ‘‘(3) repurchase agreements with parties the authorizations of appropriations for, or acceptable to the Secretary. by invitation only. However, those the durations of, programs contained in the ‘‘(b) Subsection (a) of this section does not wishing to submit written testimony amendments made by the Higher Education require the Secretary to invest a cash bal- for the hearing record should send it to Reconciliation Act of 2005 (Public Law 109– ance held in a particular account. the Committee on Energy and Natural 171), by the College Cost Reduction and Ac- ‘‘(c) The Secretary shall consider the pre- Resources, United States Senate, cess Act (Public Law 110–84), or by the En- vailing market in prescribing rates of inter- Washington, DC 20510–6150, or by email suring Continued Access to Student Loans est for investments under subsection (a)(1) of to [email protected] Act of 2008 (Public Law 110–227) to the provi- this section. .gov. sions of the Higher Education Act of 1965 and ‘‘(d)(1) The Secretary of the Treasury shall the Taxpayer-Teacher Protection Act of 2004. For further information, please con- submit each fiscal year to the appropriate f committees a report detailing the invest- tact David Brooks at (202) 224–9863 or ment of operating cash under subsection (a) Rachel Pasternack at (202) 224–0883. RECOGNIZING SOIL AS AN for the preceding fiscal year. The report COMMITTEE ON INDIAN AFFAIRS ESSENTIAL NATURAL RESOURCE shall describe the Secretary’s consideration Mr. DORGAN. Mr. President, I would Mr. REID. Madam President, I ask of risks associated with investments and the actions taken to manage such risks. like to announce that the Committee unanimous consent the agriculture ‘‘(2) For purposes of paragraph (1), the on Indian Affairs will meet on Thurs- committee be discharged from further term ‘appropriate committees’ means the day, June 26, at 9:30 a.m. room 562 of consideration of S. Res. 440 and the Committees on Financial Services and Ways the Dirksen Senate Office Building to Senate proceed to it now.

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00025 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13330 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 June 23, 2008 The PRESIDING OFFICER. Without (3) commends soil scientists and soils pro- group never wavered from paying the price objection, it is so ordered. The clerk fessionals for their efforts to promote edu- to raise ‘‘Banner #17’’ to the Garden rafters; will report the resolution by title. cation, outreach, and awareness necessary Whereas the 2008 Celtics were brought to- The assistant legislative clerk read for generating more public interest in and gether by a former Celtics player, Danny appreciation for soils; and Ainge, whose off-season acquisitions of NBA as follows: (4) acknowledges the promise of soil sci- All-Stars Kevin Garnett and Ray Allen A resolution (S. Res. 440) recognizing soil entists and soils professionals to continue to earned him the 2008 NBA Executive of the as an essential natural resource, and soils enrich the lives of all Americans by improv- Year Award; professionals as playing a critical role in ing stewardship of the soil, combating soil Whereas the Celtics were led by Doc Riv- managing our Nation’s soil resources. degradation, and ensuring the future protec- ers, who— There being no objection, the Senate tion and sustainable use of our air, soil, and (1) oversaw the smooth integration of new proceeded to consider the resolution. water resources. superstars and untested young players into the Celtics lineup; and Mr. REID. I ask unanimous consent f (2) assembled, and ensured the execution the resolution be agreed to, the pre- CONGRATULATING THE BOSTON of, a masterful NBA Finals game plan; amble be agreed to, the motions to re- CELTICS Whereas the Celtics featured a 21st century consider be laid on the table, with no ‘‘Big Three’’ comprised of Paul Pierce, Kevin intervening action or debate, and any Mr. REID. Madam President, I ask Garnett, and Ray Allen, 3 veteran players statements be printed in the RECORD. unanimous consent the Judiciary Com- who worked together and never allowed their The PRESIDING OFFICER. Without mittee be discharged from further con- personal ambition or pursuit of individual objection, it is so ordered. sideration of S. Res. 596. statistics to interfere with the goal of the The resolution (S. Res. 440) was The PRESIDING OFFICER. Without team to win a championship; objection, it is so ordered. Whereas a group of talented young players agreed to. contributed pivotal roles in the march of the The preamble was agreed to. The clerk will report the resolution by title. Celtics to the 2008 Championship, including The resolution, with its preamble, point guard Rajon Rondo, center Kendrick reads as follows: The assistant legislative clerk read Perkins, forward Leon Powe, guard Tony as follows: S. RES. 440 Allen, and forward Glen ‘‘Big Baby’’ Davis; A resolution (S. Res. 596) congratulating Whereas soil, plant, animal, and human Whereas the valuable bench of the Celtics the Boston Celtics on winning the 2008 NBA health are intricately linked and the sus- was stocked with veteran role players who Championship. tainable use of soil affects climate, water made significant contributions during the and air quality, human health, biodiversity, There being no objection, the Senate season, including forward James Posey, food safety, and agricultural production; proceeded to consider the resolution. guard Eddie House, guard Sam Cassell, for- Whereas soil is a dynamic system which Mr. REID. I ask unanimous consent ward P.J. Brown, forward Brian Scalabrine, performs many functions and services vital the resolution be agreed to, the pre- and center Scott Pollard; to human activities and ecosystems; Whereas the 2008 Celtics team dem- amble be agreed to, the motions to re- onstrated remarkable poise and gained in- Whereas, despite soil’s importance to consider be laid upon the table, with no human health, the environment, nutrition valuable playoff experience in defeating the and food, feed, fiber, and fuel production, intervening action or debate, and any Atlanta Hawks, the Cleveland Cavaliers, and there is little public awareness of the impor- statements related to the resolution be the Detroit Pistons in hard-fought series tance of soil protection; printed in the RECORD. during which every possession counted at Whereas the degradation of soil can be The PRESIDING OFFICER. Without both the offensive and defensive ends of the rapid, while the formation and regeneration objection, it is so ordered. floor; processes can be very slow; The resolution (S. Res. 596) was Whereas, after 26 playoff games, the Celtics ultimately secured the 17th NBA Champion- Whereas protection of United States soil agreed to. based on the principles of preservation and ship of the franchise in one of the most The preamble was agreed to. dominating performances in NBA history, a enhancement of soil functions, prevention of The resolution, with its preamble, soil degradation, mitigation of detrimental 39-point rout of the Lakers in front of a rau- use, and restoration of degraded soils is es- reads as follows: cous Garden crowd; and sential to the long-term prosperity of the S. RES. 596 Whereas the Celtics fans in the State of United States; Whereas, on June 17, 2008, the Boston Celt- Massachusetts, in New England, and Whereas legislation in the areas of organic, ics won the 2008 National Basketball Asso- throughout the world never gave up hope industrial, chemical, biological, and medical ciation Championship (referred to in this that the franchise would someday return to waste pollution prevention and control preamble as the ‘‘2008 Championship’’) in 6 glory and give a new generation of Celtics should consider soil protection provisions; games over the Los Angeles Lakers; fans the opportunity to celebrate a cham- Whereas legislation on climate change, Whereas the 2008 Championship was the pionship: Now, therefore, be it Resolved, That the Senate— water quality, agriculture, and rural devel- 17th world championship won by the Celtics, (1) congratulates— opment should offer a coherent and effective the most in the history of the National Bas- (A) the Boston Celtics for winning the 2008 legislative framework for common principles ketball Association (referred to in this pre- National Basketball Association Champion- and objectives that are aimed at protection amble as the ‘‘NBA’’); ship, including the players, head coach, and sustainable use of soils in the United Whereas the 2008 Championship marked coaches, support staff, and team owners and States; the culmination of the greatest single season executives whose ability, hard work, dedica- Whereas soil contamination coupled with turnaround in the history of the NBA, as the tion, and spirit made the season possible; poor or inappropriate soil management prac- Celtics improved from a record of 24–58 dur- and tices continues to leave contaminated sites ing the 2007–2008 season to a league-best 66– (B) the Los Angeles Lakers for their suc- unremediated; and 16 mark during the 2007–2008 campaign; cess during the 2008 season and winning the Whereas soil can be managed in a sustain- Whereas the 2008 Celtics NBA Champion- National Basketball Association Western able manner, which preserves its capacity to ship team, like all great Celtics champions Conference Championship; and deliver ecological, economic, and social ben- of the past, epitomized team work, selfless- (2) directs the Enrolling Clerk of the Sen- efits, while maintaining its value for future ness, character, effort, camaraderie, tough- ate to transmit an enrolled copy of this reso- generations: Now, therefore, be it ness, and determination; lution to— Resolved, That the Senate— Whereas the 2008 Celtics honored the rich (A) the 2008 Boston Celtics team; (1) recognizes it as necessary to improve legacy of their franchise, which was— knowledge, exchange information, and de- (1) established by a legion of all-time (B) Celtics head coach Doc Rivers; velop and implement best practices for soil greats, including Bill Russell, Larry Bird, (C) Celtics general manager Danny Ainge; management, soil restoration, carbon se- John Havlicek, Bob Cousy, Tom Heinsohn, and questration, and long-term use of the Na- K.C. Jones, Sam Jones, Jo Jo White, Dave (D) Celtics managing partner Wyc tion’s soil resources; Cowens, Kevin McHale, Robert Parish, Den- Grousbeck. (2) recognizes the important role of soil nis Johnson, and Tom ‘‘Satch’’ Sanders; and Mr. REID. Madam President, I sug- scientists and soils professionals, who are (2) masterminded by one of the legendary gest the absence of a quorum. well-equipped with the information and ex- coaches of all sports, Arnold ‘‘Red’’ The PRESIDING OFFICER. The perience needed to address the issues of Auerbach; clerk will call the roll. today and those of tomorrow in managing Whereas Celtics managing partner Wyc The assistant legislative clerk pro- the Nation’s soil resources; Grousbeck and the entire Celtics ownership ceeded to call the roll.

VerDate Mar 15 2010 14:52 Feb 07, 2011 Jkt 069102 PO 00000 Frm 00026 Fmt 0685 Sfmt 0634 E:\BR08\S23JN8.000 S23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 10 13331 Mr. REID. I ask unanimous consent PROGRAM NOMINATIONS that the order for the quorum call be Mr. REID. Tomorrow, around 11 a.m., Executive nominations received by rescinded. there will be a vote on cloture on a mo- the Senate: The PRESIDING OFFICER. Without tion to concur in the House amend- objection, it is so ordered. ment with the Dodd-Shelby substitute. IN THE ARMY Senators will have until 10:30 a.m. to THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f file amendments to the substitute. We IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND have a big day tomorrow. We hope to RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ORDERS FOR TUESDAY, JUNE 24, get cloture on this housing bill and 2008 wrap it up as quickly as we can. To be general We expect to complete a number of LT. GEN. ANN E. DUNWOODY Mr. REID. I ask unanimous consent judges, and we have, before the end of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that when the Senate completes its the work period, as I announced this IN THE UNITED STATES ARMY TO THE GRADE INDICATED business today, it stand in recess until WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND morning, to do something about Medi- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: 10 a.m. tomorrow, June 24; that fol- care, the supplemental appropriations To be lieutenant general lowing the prayer and pledge, the Jour- bill, FISA, and hopefully a few other nal of proceedings be approved to date things. But those are the essentials we MAJ. GEN. DAVID M. RODRIGUEZ and the Senate resume consideration of need to do. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the House message to accompany H.R. IN THE UNITED STATES ARMY TO THE GRADE INDICATED f WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 3221, the housing reform legislation, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RECESS UNTIL 10 A.M. TOMORROW with the hour prior to the cloture vote To be lieutenant general equally divided between the two lead- Mr. REID. If there is no further busi- ers or their designees. I further ask MAJ. GEN. EDGAR E. STANTON III ness to come before the Senate, I ask THE FOLLOWING ARMY NATIONAL GUARD OF THE unanimous consent that the Senate re- unanimous consent that it stand in re- UNITED STATES OFFICER FOR PROMOTION IN THE RE- cess from 12:30 until 2:15 p.m. to allow cess under the previous order. SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: for the weekly caucus luncheons. There being no objection, the Senate, The PRESIDING OFFICER. Without at 5:24 p.m., recessed until Tuesday, To be brigadier general objection, it is so ordered. June 24, 2008, at 10 a.m. COL. JAMES R. ANDERSON

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The House met at 12:30 p.m. and was Environmental concerns took prece- significant spills were reported. Fur- called to order by the Speaker pro tem- dence over future economic consider- thermore, Cuba wants to let the Chi- pore (Ms. BERKLEY). ations. Soon, access to 85 percent of nese drill in some of the very parts of f federally controlled offshore areas had the gulf that American producers are been restricted, including the Pacific forbidden to touch, some as close as 45 DESIGNATION OF SPEAKER PRO and Atlantic coasts and portions of the miles off the Florida coast. TEMPORE area off the shores of Alaska and off Do we truly believe the environ- The SPEAKER pro tempore laid be- the eastern Gulf of Mexico. No one mental safeguards of Chinese energy fore the House the following commu- knows how much energy lies in those firms are better than ours? nication from the Speaker: areas, but many agree there is enough It’s time we stop assuming that all WASHINGTON, DC, to bring stability to energy markets energy exploration is bad. Most takes June 23, 2008. and to make a real difference in oil and place too far from the coast to be seen, I hereby appoint the Honorable SHELLEY natural gas prices for many years to and we haven’t even had a spill from BERKLEY to act as Speaker pro tempore on come. offshore drilling in over 40 years, nei- this day. According to a recent Interior De- ther has Canada, which permits drill- NANCY PELOSI, partment study, restricted offshore ing off its Atlantic and Pacific coasts Speaker of the House of Representatives. areas are known to contain—and this is and in the Great Lakes where some f a fact—15 billion barrels of oil and 60 rigs are closer to U.S. shores than trillion cubic feet of natural gas, but American producers are permitted to MORNING-HOUR DEBATE literally, when they go to estimate be- drill. The SPEAKER pro tempore. Pursu- yond the hard facts, the estimate goes Madam Speaker, America’s energy ant to the order of the House of Janu- up to 86 billion barrels of oil and even problems are partially self-imposed, ary 4, 2007, the Chair will now recog- higher and to 420 trillion cubic feet of and that needs to end. Congress over- nize Members from lists submitted by natural gas, enough oil to replace all of reacted in the 1990s, and it needs to the majority and minority leaders for our imports for the next 27 years at undo that damage. Our need for afford- morning-hour debate. current rates. In fact, it may be even able energy will not decrease, and the f higher given that most of the off-limit time has come to lift the restrictions areas have not been thoroughly ex- on offshore energy production and to END THE OCS MORATORIUM plored. let U.S. producers do what they can do The SPEAKER pro tempore. The New technology and what we esti- to meet our growing energy demands. Chair recognizes the gentleman from mate based upon the 1980s is probably It’s time for this Congress to get seri- Florida (Mr. STEARNS) for 5 minutes. not correct. Our policies need to catch ous about bridging the growing gap be- Mr. STEARNS. Good morning, up with our times. Oil and natural gas tween supply and demand. Opening the Madam Speaker. prices have tripled since the 1990s. De- Outer Continental Shelf to environ- A question for all of us: Why would mand continues to increase by a steady mentally sound exploration could be the most powerful economy in the 1.5 percent per year. Imports have in- just the way to do it. world leave so much of its own energy creased. Political stability in oil-pro- f sources untapped? ducing nations has decreased. Domestic Alone among all the countries, the production has flattened, all while our GAS PRICES AND ENERGY SUPPLY United States has placed a substantial ability to extract resources without en- IN THE UNITED STATES amount of its oil and natural gas po- vironmental damage has increased dra- The SPEAKER pro tempore. The tential off limits. Other countries have matically. Chair recognizes the gentleman from the potential to drill just off their With all of this energy out there, Georgia (Mr. PRICE) for 5 minutes. shores, but United States’ firms face with demands at all-time highs and Mr. PRICE of Georgia. Madam strict restrictions on drilling in most with prices remaining high, what has Speaker, here it is, Monday, at 12:38 offshore areas even as American driv- taken so long? p.m. We find the House back in order ers face sharply higher prices at the The biggest problem has been envi- for another week. What will we be gas pump. ronmental concerns, being worried doing this week? Domestic oil and gas production has about a spill. What would it do to the Well, Madam Speaker, we’re going to failed to keep pace with the growing tourist industry, for example, in the pass a bill that recognizes the achieve- demand both domestically and abroad, gulf coast areas? The National Acad- ments of America’s high school val- but it’s not because we’re not lacking emy of Sciences says, ‘‘Improved pro- edictorians of the class of 2008. We’re for domestic energy. Since the 1990s, duction technology and safety training going to pass a bill honoring the life the Federal Government has placed se- of personnel have dramatically reduced and musical accomplishments and con- vere restrictions on new energy devel- both blowouts and daily operational tributions of Louis Jordan on the 100th opment, particularly in some of our spills.’’ anniversary of his birth. We’re going to most promising areas. The danger of such spills has been pass a bill that recognizes Pittsfield, As this graph shows, Congress has greatly reduced. Of the more than 7 bil- Massachusetts as being the home of the placed over 85 percent of our Outer lion barrels of oil pumped offshore in earliest known reference to the word Continental Shelf off limits. Back the past 25 years, 0.001 percent—that is ‘‘baseball’’ in the United States. We’re then, oil and natural gas were cheap, one thousandth of 1 percent—has been going to pass a bill supporting the and the need for additional energy was spilled. In fact, even during Katrina goals and ideals of Black Music Month not considered significant. Also, the and Rita, during winds that reached 170 and to honor the outstanding contribu- 1989 Exxon Valdez oil tanker spill led to miles per hour and during lashing tions of African American singers. the heightened environmental concerns waves that took out a quarter of Amer- We’re going to pass a bill expressing about offshore energy production. ica’s domestic energy production, no the sense of Congress that schools in

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13333 the United States should honor the ergy for Americans have come to the Ms. EDDIE BERNICE JOHNSON of contributions of individuals from the floor of this House, 81 percent of the Texas led the Pledge of Allegiance as territories of the United States. We’re time, Republicans have supported follows: going to pass a bill naming a veterans’ those bills; 83 percent of the time, I pledge allegiance to the Flag of the outpatient clinic in Wenatchee, Wash- Democrats have opposed those bills. United States of America, and to the Repub- ington. We’re going to pass a bill nam- So the law of supply and demand is lic for which it stands, one nation under God, ing a veterans’ center in Tampa, Flor- clear. If you increase supply, you de- indivisible, with liberty and justice for all. ida. We’re going to pass a bill recog- crease the cost, and you decrease the f nizing National Homeownership Month price at the pump. So, yes, we need to MESSAGE FROM THE SENATE and the importance of homeownership conserve. Yes, we need to make certain A message from the Senate by Ms. in the United States. We’re going to that we find alternative fuel sources Curtis, one of its clerks, announced pass a bill expressing support for the for the future, but right now, in the that the Senate has passed without designation of September 2008 as the short term, in the near term, it’s in- amendment concurrent resolutions of Gospel Music Heritage Month. We’re cumbent upon this House to make cer- the House of the following titles: going to pass a bill naming a post of- tain that we increase supply. H. Con. Res. 307. Concurrent resolution ex- fice in Indianola, Mississippi. We’re American energy for Americans. pressing the sense of Congress that Members’ going to pass a bill honoring the life of There are easy ways to do that. What Congressional papers should be properly Robert Mondavi. we demand is that the House be al- maintained and encouraging Members to Madam Speaker, all of those are im- lowed to vote. take all necessary measures to manage and preserve these papers. portant things, and they would be fine f for us to do if we were dealing with the H. Con. Res. 335. Concurrent resolution au- number one issue of Americans across RECESS thorizing the use of the Capitol Grounds for a celebration of the 100th anniversary of this Nation, and that is the issue of gas The SPEAKER pro tempore. Pursu- Alpha Kappa Alpha Sorority, Incorporated. prices and energy supply in the United ant to clause 12(a) of rule I, the Chair The message also announced that States. declares the House in recess until 2 pursuant to Public Law 110–181, and in Last week, the Speaker told us that p.m. today. consultation with the Chairmen of the we would be dealing with the issue this Accordingly (at 12 o’clock and 42 Committee on Armed Services, the week, possibly, although it’s not on the minutes p.m.), the House stood in re- Committee on Homeland Security and list—but possibly—and there may be cess until 2 p.m. Governmental Affairs, and the Com- four bills that they’ll bring forward, f mittee on Foreign Relations, the Chair, that the majority party will bring for- on behalf of the Vice President, ap- ward. One is to increase regulation. b 1400 points the following individuals to be That ought to do a lot to increase sup- AFTER RECESS members of the Commission on War- ply. One is to require that oil compa- time Contracting in Iraq and Afghani- nies holding Federal leases use them or The recess having expired, the House was called to order by the Speaker pro stan: lose them. That will not do much to in- Linda J. Gustitus of the District of crease supply because it’s already the tempore (Ms. EDWARDS of Maryland) at 2 p.m. Columbia. law of the land. We’re going to pass a Charles Tiefer of Maryland. bill to pay transit fares—bus tickets— f f for folks. It’s not a bad idea, maybe, PRAYER but what will that do for supply? We’re AMERICANS SPEAK UP going to pass an antiprice-gouging The Chaplain, the Reverend Daniel P. (Mr. WILSON of South Carolina measure that the House has already Coughlin, offered the following prayer: asked and was given permission to ad- passed on a number of occasions. Hope for the future, Lord God, is very dress the House for 1 minute and to re- That’s not doing a thing for supply. much a part of the American char- vise and extend his remarks.) Facts are troubling things, and the acter. Bless this society which places Mr. WILSON of South Carolina. fact right now is that this House of such a high value on personal freedom. Madam Speaker, Americans are speak- Representatives is doing nothing, noth- Help all Americans to see that freedom ing up about rising gas prices. ing to increase the supply of gasoline is not only a treasured gift but a sum- The polls show that well over 60 to 70 for the United States, nothing to in- mons to personal responsibility. percent of Americans support explo- crease American energy for Americans. May the Members of Congress set an ration of American oil and natural gas Consequently, what we see are record example for the rest of the Nation by reserves, and we are seeing a vocal out- gas prices continuing—$4.08 over the working diligently this week to address pouring of disappointment in Washing- weekend, $4.10, I understand, today. responsibly the country’s problems and ton’s refusal to take action. There are a couple of other interesting seek the common good of the people. For example, former Speaker of the facts, Madam Speaker. In whatever they do or say, may they House Newt Gingrich has put a petition The United States has expanded its give You glory and honor both now and on his Web site asking Americans to dependence on foreign members of forever. Amen. send a message to Washington that we OPEC by a full 7 percent in 2007 alone. f need to ‘‘Drill Here, Drill Now, and Pay Another fact, Madam Speaker, is Less.’’ As of today, the petition has THE JOURNAL that the United States is the only de- over 1.1 million signatures. Surely this veloped nation in the world that for- The SPEAKER pro tempore. The is only a snapshot of the millions more bids safe energy production on its Chair has examined the Journal of the in America who are feeling the pinch Outer Continental Shelf, deep sea ex- last day’s proceedings and announces from rising energy prices. That is the ploration. The only nation in the to the House her approval thereof. bad news. world. Pursuant to clause 1, rule I, the Jour- The good news is that House Repub- Another fact, Madam Speaker, is nal stands approved. licans have a plan to reduce our de- that the U.S. Minerals Management f pendence on foreign oil, invest in a fu- Service estimates that America’s Outer ture of renewable, cleaner energy re- Continental Shelf contains nearly 86 PLEDGE OF ALLEGIANCE sources, and ask the American people billion barrels of oil, enough oil to re- The SPEAKER pro tempore. Will the to participate through conservation. place OPEC imports for 50 years. gentlewoman from Texas (Ms. EDDIE We have a plan, and the American peo- Another fact, Madam Speaker, is BERNICE JOHNSON) come forward and ple have the will to put that plan into that, when bills to increase the supply lead the House in the Pledge of Alle- action if House Democrats stop stand- of gas for Americans and American en- giance. ing in the way.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13334 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 In conclusion, God bless our troops, ity is a wise investment in drawing ANNOUNCEMENT BY THE SPEAKER and we will never forget September the new tourist dollars to Jonesville. I ap- PRO TEMPORE 11th. plaud Jonesville for its forward think- The SPEAKER pro tempore. Pursu- f ing mindset, and hope to visit the new ant to clause 8 of rule XX, the Chair town hall in the coming weeks. OFFSHORE ENERGY EXPLORATION will postpone further proceedings IS LONG OVERDUE f today on motions to suspend the rules on which a recorded vote or the yeas (Mr. CALVERT asked and was given ENERGY INDEPENDENCE and nays are ordered, or on which the permission to address the House for 1 (Mr. DANIEL E. LUNGREN of Cali- vote is objected to under clause 6 of minute.) fornia asked and was given permission rule XX. Mr. CALVERT. Madam Speaker, the to address the House for 1 minute and Record votes on postponed questions American people recognize that ex- to revise and extend his remarks.) will be taken after 6:30 p.m. today. panding our offshore energy explo- Mr. DANIEL E. LUNGREN of Cali- ration is long overdue. Unfortunately, f fornia. Madam Speaker, soon we will be my Democratic colleagues have failed NATIONAL GUARD AND RESERV- breaking for the July 4 district work to reach this obvious conclusion, so let ISTS DEBT RELIEF ACT OF 2008 period. July 4, Independence Day. But me offer them some help. what are we doing about making us, Mr. CONYERS. Madam Speaker, I This is our country. This is our coun- the American people, independent of move to suspend the rules and pass the try’s Outer Continental Shelf. There is foreign oil and foreign energy? If you bill (H.R. 4044) to amend the Bank- oil and natural gas in the Outer Conti- look at the record in this House, abso- ruptcy Abuse Prevention and Con- nental Shelf that belongs to us, the lutely nothing. sumer Protection Act of 2005 to exempt American people. As offshore oil pro- The first response we had from the from the means test in bankruptcy duction increases, our domestic oil sup- majority was denial. They say this sup- cases, for a limited period, qualifying ply increases. As oil supplies increase, ply will do nothing. Well, of course it reserve-component members who, after prices will decline. Let me repeat that will do nothing unless you explore it September 11, 2001, are called to active for my Democratic colleagues. and produce it. duty or to perform a homeland defense This is our country. This is our coun- Then they say energy will be pro- activity for not less than 60 days, as try’s Outer Continental Shelf. There is duced by lawsuit. We have got a bill amended. oil and natural gas in the Outer Conti- coming out of the Judiciary Com- The Clerk read the title of the bill. nental Shelf that belongs to us, the mittee. Sue, sue, sue, and somehow The text of the bill is as follows: American people. As offshore oil pro- that is going to give you more energy. H.R. 4044 duction increases, our domestic oil sup- The American people are smart. They Be it enacted by the Senate and House of Rep- ply increases. As supplies increase, understand that if we have a precious resentatives of the United States of America in prices will decline. resource granted to us, we ought to use Congress assembled, Hopefully, for the sake of the Ameri- it. SECTION 1. SHORT TITLE. cans that are suffering at the gas Independence Day, July 4. Why can’t This Act may be cited as the ‘‘National Guard pump, our Democratic colleagues can we bring at least one bill to the floor and Reservists Debt Relief Act of 2008’’. learn what everybody else in the world that would begin to give us energy SEC. 2. AMENDMENTS. has known all along: If you have en- independence? Section 707(b)(2)(D) of title 11, United States ergy resources, use them. Code, is amended— f f (1) in clauses (i) and (ii)— (A) by indenting the left margin of such CONGRATULATING THE TOWN OF FIXING THE ENERGY PROBLEM clauses 2 ems to the right, and JONESVILLE ON ITS NEW TOWN (Mr. ROHRABACHER asked and was (B) by redesignating such clauses as sub- HALL given permission to address the House clauses (I) and (II), respectively, (2) by striking ‘‘if the debtor is a disabled vet- (Ms. FOXX asked and was given per- for 1 minute and to revise and extend eran’’ and inserting the following: mission to address the House for 1 his remarks.) ‘‘if— minute.) Mr. ROHRABACHER. Madam Speak- ‘‘(i) the debtor is a disabled veteran’’, Ms. FOXX. Madam Speaker, today I er, for 30 years, we have seen the devel- (3) by striking the period at the end and in- want to congratulate the people of opment of new major gas and oil devel- serting ‘‘; or’’, and Jonesville, North Carolina on the com- opments in our country thwarted. For (4) by adding at the end the following: pletion of their new town hall. 30 years, we have had no new nuclear ‘‘(ii) while— Jonesville’s new town hall will serve reactors built in this country to pro- ‘‘(I) the debtor is— ‘‘(aa) on, and during the 540-day period be- both as a government center and the vide us electricity. For 30 years, we ginning immediately after the debtor is released hub for the town’s tourism outreach ef- have seen no new refineries being built from, a period of active duty (as defined in sec- forts. in this country. For 30 years, we tion 101(d)(1) of title 10) of not less than 90 While I was unable to attend the haven’t even seen a hydroelectric dam days; or grand opening event this past Friday being built in this country. And people ‘‘(bb) performing, and during the 540-day pe- due to Congress being in session, con- ask why are we paying $4 and $5 a gal- riod beginning immediately after the debtor is gratulations are in order for everyone lon for gasoline now? no longer performing, a homeland defense activ- in Jonesville who helped make this im- Well, what has happened, of course, is ity (as defined in section 901(1) of title 32) per- formed for a period of not less than 90 days; and portant project a success. I want to we have put ourselves in a position ‘‘(II) if after September 11, 2001, the debtor praise Mayor Lindbergh Swain for his where the discretionary income of our while a member of a reserve component of the leadership and also the people at USDA people is being robbed from them be- Armed Forces or a member of the National Rural Development for their help in se- cause we were acting irresponsibly for Guard, was called to such active duty or per- curing critical financing for the new these last 30 years. Congressmen, elect- formed such homeland defense activity.’’. town hall. ed representatives of the people, did SEC. 3. GAO STUDY. This town hall, which replaces the not stand up to a radical element (a) COMPTROLLER GENERAL STUDY.—Not later town’s more than half century old town which opposed all of these energy alter- than 2 years after the effective date of this Act, hall, promises not only to give the natives for America and has left us vul- the Comptroller General shall complete and town a new government seat but also nerable to our enemies overseas. transmit to the Speaker of the House of Rep- resentatives and the President pro tempore of to bolster the local tourist economy. It is about time we speak up, we the Senate, a study of the use and the effects of Tourism is a growing segment of the stand up, and we do what is right so we the provisions of law amended (and as amend- local economy in Yadkin and sur- can fix this problem that was caused by ed) by this Act. Such study shall address, at a rounding counties, and this new facil- inaction for the last 30 years. minimum—

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0688 Sfmt 6333 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13335 (1) whether and to what degree members of re- The SPEAKER pro tempore. Pursu- As the gentleman from Michigan, the serve components of the Armed Forces and mem- ant to the rule, the gentleman from chairman of the committee mentioned, bers of the National Guard avail themselves of Michigan (Mr. CONYERS) and the gen- several years ago we passed the Bank- the benefits of such provisions, tleman from California (Mr. DANIEL E. ruptcy Abuse Prevention and Con- (2) whether and to what degree such members are debtors in cases under title 11 of the United LUNGREN) each will control 20 minutes. sumer Protection Act. The purpose was States Code that are substantially related to The Chair recognizes the gentleman to ensure that bankruptcy procedures service that qualifies such members for the bene- from Michigan. were still allowed for those who needed fits of such provisions, GENERAL LEAVE them, and yet the abuses that we had (3) whether and to what degree such members Mr. CONYERS. Madam Speaker, I seen in the years leading up to the bill are debtors in cases under such title that are ask unanimous consent that all Mem- would be reduced if not eliminated. It materially related to such service, and bers have 5 legislative days to revise received bipartisan support. (4) the effects that the use by such members of Today’s bill deals with a part of that section 707(b)(2)(D) of such title, as amended by and extend their remarks and include extraneous material. scene that needs to be addressed and this Act, has on the bankruptcy system, credi- addressed immediately. Republicans tors, and the debt-incurrence practices of such The SPEAKER pro tempore. Is there members. objection to the request of the gen- strongly support the mission and ap- (b) FACTORS.—For purposes of subsection tleman from Michigan? preciate the sacrifice of our dedicated (a)— There was no objection. reservists and guardsmen. As many (1) a case shall be considered to be substan- Mr. CONYERS. Madam Speaker, I people know, we rely far more on our tially related to the service of a member of a re- yield myself such time as I may con- National Guard and Reservists in the serve component of the Armed Forces or a mem- conflict that we have ongoing in the ber of the National Guard that qualifies such sume. Members of the House, the National Middle East today than we have in pre- member for the benefits of the provisions of law vious conflicts. That was a conscious amended (and as amended) by this Act if more Guard and Reservists Debt Relief Act than 33 percent of the aggregate amount of the is a part of the idea of improving the decision by the Congress of the United debts in such case is incurred as a direct or indi- Bankruptcy Abuse Prevention Act States over the last couple of decades. As a result, many, many more dedi- rect result of such service, signed into law by President Bush 3 cated reservists and guardsmen are as- (2) a case shall be considered to be materially years ago. It effectuated a comprehen- suming responsibility in areas of con- related to the service of a member of a reserve sive overhaul of bankruptcy, especially component of the Armed Forces or a member of flict. We agree that reservists and with regards to consumers. These con- the National Guard that qualifies such member guardsmen who are plunged into bank- sumer bankruptcy amendments in- for the benefits of such provisions if more than ruptcy by the demands of their service 10 percent of the aggregate amount of the debts cluded the establishment of a means should be given a helping hand under in such case is incurred as a direct or indirect testing mechanism to determine a the bankruptcy code. result of such service, and debtor’s ability to repay debts. Under (3) the term ‘‘effects’’ means— In committee, Republicans labored this test, a chapter 7 bankruptcy case long and hard to achieve a workable (A) with respect to the bankruptcy system and is presumed to be an abuse if it appears creditors— compromise that would help these (i) the number of cases under title 11 of the that a debtor has income in excess of serving men and women. The major United States Code in which members of reserve certain thresholds. issue for committee Republicans was components of the Armed Forces and members of The measure before us today would simple—that the bill respond to bank- the National Guard avail themselves of the ben- exempt certain qualifying National ruptcies attributable to a reservist’s or efits of such provisions, Guard members and Reserve members guardsman’s service. (ii) the aggregate amount of debt in such from the means test presumption of This bill does not perfectly meet that cases, abuse. Come to think of it, I would like (iii) the aggregate amount of debt of such concern. However, it is part of the art to exempt some other people as well. of compromise and it meets it suffi- members discharged in cases under chapter 7 of But this legislation addresses the such title, ciently for committee Republicans to (iv) the aggregate amount of debt of such issue of fundamental fairness. Those support passage. members in cases under chapter 7 of such title as who find themselves in financial dif- It does this first by requiring an im- of the time such cases are converted to cases ficulty as a result of service in the Na- portant study by the GAO. The study under chapter 13 of such title, tional Guard or being activated into it will examine the degree to which bank- (v) the amount of resources expended by the or the aftermath of their service, par- ruptcies benefiting from the bill are in- bankruptcy courts and by the bankruptcy trust- ticularly overseas, should not face the deed attributable to service, as we hope ees, stated separately, in cases under title 11 of additional burden of the means test. they will be. the United States Code in which such members Since September 11, 2001, almost one- avail themselves of the benefits of such provi- The study thus will help us to be sure sions, and half million members of the National of whether reservists and guardsmen (vi) whether and to what extent there is any Guard and Reserves have been called to are using the relief granted by the bill indicia of abuse or potential abuse of such pro- Iraq and Afghanistan. Some of them when it is their service that leads to visions, and have even served multiple tours of bankruptcy. And the study must be (B) with respect to debt-incurrence practices— duty. And so it is easy to understand completed promptly within 2 years of (i) any increase in the average levels of debt that these unanticipated deployments enactment. incurred by such members before, during, or disrupt their lives and their family Secondly, the bill includes a 3-year after such service, members and leads to financial hard- sunset. When we are asked to reauthor- (ii) any indicia of changes in debt-incurrence practices adopted by such members in anticipa- ship. So we are happy for the ize the bill, we will have the GAO study tion of benefitting from such provisions in any gentlelady from Chicago, Illinois, JAN and report. And we will know for sure potential case under such title; and SCHAKOWSKY, who has included an ef- how the bill is working, and if it needs (iii) any indicia of abuse or potential abuse of fort that has attracted our colleagues to be modified, how it should be modi- such provisions reflected in the debt-incurrence on both sides of the aisle. I am very fied. It is not my expectation that it of such members. happy to report this from the Judiciary would be abused, but if it is, we would SEC. 4. EFFECTIVE DATE; APPLICATION OF Committee. be able to address that at the time the AMENDMENTS. I reserve the balance of my time. reauthorization is considered. (a) EFFECTIVE DATE.—Except as provided in With these requirements added, I am subsection (b), this Act and the amendments b 1415 pleased to support passage of the bill. made by this Act shall take effect 60 days after Mr. DANIEL E. LUNGREN of Cali- the date of the enactment of this Act. I reserve the balance of my time. fornia. Madam Speaker, I rise in sup- Mr. CONYERS. Madam Speaker, I re- (b) APPLICATION OF AMENDMENTS.—The amendments made by this Act shall apply only port of H.R. 4044, the National Guard serve the balance of my time. with respect to cases commenced under title 11 and Reservists Debt Relief Act of 2008. Mr. DANIEL E. LUNGREN of Cali- of the United States Code in the 3-year period I am happy that the House is consid- fornia. Madam Speaker, I yield 5 min- beginning on the effective date of this Act. ering today this bipartisan legislation. utes to the gentleman from California,

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13336 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 one of the major sponsors of this bill, same day. And even if that were not way. I thank very much my chairman active sponsor of this bill, Mr. DANA the case, as now we hear from my side and ranking member. ROHRABACHER. so often as we point out a motion re- Mr. CONYERS. Madam Speaker, I Mr. ROHRABACHER. Madam Speak- quiring a committee to report the bill yield myself such time as I may con- er, I rise in strong support of this legis- promptly could still be brought up the sume. lation. next legislative day. First of all, I think that this bill Madam Speaker, today marks the No, this motion failed so long ago be- might appropriately be renamed the culmination of work that should have cause of the worst type of partisanship. Schakowsky-Rohrabacher provision be- been finished long ago. On April 14, It failed because Republicans did not cause of the hard work that our col- 2005, the House considered S. 256, the want to admit that the Democrats league has done on the matter. I appre- Bankruptcy Abuse Prevention and Con- could better their bill. ciate the fully bipartisan spirit that sumer Protection Act of 2005, which When I found that there was no ade- this committee, the Judiciary Com- was a much needed and responsible re- quate protection for our returning re- mittee, had in much evidence when we form. Then in the minority, my col- servists and guardsmen, I pledged to took this measure up. league, Ms. SCHAKOWSKY, introduced a work with my colleague, Ms. And I close by asking my friends, the motion to recommit so that the bill SCHAKOWSKY, and make it right. Blue Dogs on this side of the aisle and would allow a targeted exemption from Subsequently, I introduced legisla- most of the Republicans, my Repub- the bankruptcy means test for those tion to amend the bankruptcy law. Un- lican colleagues on the other side, that National Guard and Reservists who had fortunately, the Republican leadership we might want to take a look at this been called up after 9/11. refused to bring my bill up to the floor means test which presumes you did At the time of the floor debate, I was for a vote and it took a change in the something wrong if you are broke and told by the Republican floor manager majority for this pro-reservist, pro-Na- in trouble. I mean, it occurs to me that that the Schakowsky motion was re- tional Guard bill to be brought to the under the economic circumstances we dundant, that there was already such House floor today. find ourselves in as a nation, anybody protection for our National Guard and This measure isn’t costing any new could flunk the means test and then be Reservists under the Service Member’s Federal dollars. There is no new mas- presumed to be irresponsible or not up- Civil Relief Act. Because of this, I sive appropriation. All it is is a consid- standing citizens. Credit ratings would voted against the motion and it failed eration for these people who have be damaged profusely. on a party line vote, 220 yeas to 229 risked their lives for us and are coming And so maybe we can look at this. nays. home. But my party couldn’t get itself We don’t want to offend the banking I soon found out that I and other Re- to provide consideration for our home- lobby, don’t get me wrong, but let’s publican Members had been mis- coming heroes even though there just take a peek at what we have informed, apparently to prevent the wasn’t any major cost involved. wrought here in the name of improving then-minority from having any legisla- In the meantime, party control of the the bankruptcy law which I was not in tive success. House changed, and Ms. SCHAKOWSKY support of when it came forward. Yes, disabled veterans are exempt and I have been working diligently to Madam Speaker, with that I conclude from the new bankruptcy means test, get this legislation to the floor and get my remarks, and I yield back the bal- but not activated reservists and it passed into law. We are now consid- ance of my time. guardsmen, the men and women torn ering this bill under suspension which Mr. DANIEL E. LUNGREN of Cali- from their jobs and families, sent over- means it is pretty well recognized that fornia. Madam Speaker, I yield myself seas to protect us were not to be given this has widespread support. It should such time as I may consume. consideration under the Republican have been voted on by the majority or Once again I would just repeat this is bankruptcy law unless they were dis- at least accepted a long time ago. a bipartisan bill brought to this floor abled. Ms. SCHAKOWSKY’s motion I encourage my colleagues who voted with strong bipartisan support. Hope- sought to correct that. In order to pre- ‘‘no’’ on the motion to recommit 3 fully we will get a unanimous vote in vent even one success by the other years ago because they were misled to favor of it. This is something that rec- party, the leaders of my party threw vote in favor of this legislation. This ognizes the unique situation our re- aside considering the well-being of our bill is not a wedge to reopen the bank- servists and guardsmen and women are returning heroes. ruptcy law. Rather, it is a narrow, tar- placed in when they leave the jobs that A returning reservist or guardsman, geted change modeled after existing ex- they have, go back to the theater of who possibly left a lucrative job to an- emptions for disabled veterans, Amer- war, serve us well and run into difficul- swer the call of duty, gets the same ica’s heroes in neighborhoods through- ties as a result of that service from a tougher means test as everybody else. out our country, who have been called financial standpoint. If they fail, they are presumed to be up for deployments. We all agree that they should receive abusing the system as specified in The SPEAKER pro tempore. The gen- relief. I would hope that we can get chapter 7 of the bankruptcy law. Yes, tleman’s time has expired. people on the other side of the aisle to they can then rebut the presumption of Mr. CONYERS. I yield the gentleman also agree that they ought to get relief abuse by demonstrating a special cir- 1 minute. from these extraordinary, out-of-char- cumstance before the court. They can Mr. ROHRABACHER. This bill will acter, unprecedented high gas prices beg. They can jump through hoops, ensure that America’s heroes through- that we have. What a shock it must be they can hire lawyers, and then it is at out our country, who have often been for our reservists and guardsmen to the discretion of the court to grant called up for deployments that are for leave this country and do service for these homecoming heroes special cir- far longer than they were initially this country in a foreign land and then cumstances and allow them a chapter 7 thought, will not pay a very high per- return and find out that in the period filing. This should have been in the bill sonal cost for their absence and their of time they have been gone, all of a in the first place, as well as Ms. willingness to step forward. sudden gas prices have risen $1.50, $1.70, SCHAKOWSKY’s motion should have been As my colleague, Ms. SCHAKOWSKY, before they were even able to return. accepted by the majority. It is a shame put it, these servicemembers have put So hopefully as we grant relief in this that it wasn’t. their lives and livelihood on the line small particular area of bankruptcy The Schakowsky motion would not for us, and we owe them a great debt. law, we might also think about the re- have killed the bill, as some Members This is one way that we can show our lief not only for reservists and guards- have argued since. In fact, because the deep appreciation for the service of men but all Americans from the ex- motion asked the Judiciary Committee these people, as we should have done traordinary costs that they are now to report the bill forthwith, we could originally. Now it is time for us to being called upon to pay in the area of have considered the bill on that very repay that debt in a very bipartisan energy.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13337 It is not just at the gas tank, it is cannot address the gentleman directly Services and National Guard members from rippling through the economy because under the rules. So through the Chair, the means test’s presumption of abuse. This transportation costs are built into the I would just say that yes, shale oil and bill responds to the fact that some who serve cost of just about everything that we tar sands are important. We happen to in the National Guard and the Reserves en- have, and our friends on the other side be the Saudi Arabia of those certain re- counter financial difficulties and that they of the aisle say, well, we will bring a sources of God, placed here for us to should not be subject to the additional proof lawsuit, maybe that will do something. use, and yet for one reason or another, requirements of the means test. Wind, solar, I support those, but I have we’re almost afraid to use the world I am a co-sponsor of this bill and I urge my yet to find a wind-powered car in my ‘‘drill.’’ So I appreciate the chairman colleagues to support it. This bill makes sense district, or a solar-powered car in my using the word ‘‘drill’’ three different because often Armed Services personnel and district. times. That doesn’t mean going to the Reservists receive high compensation when And creeping up on us, although we dentist. That means drill for oil, drill they are away on hazardous tours or combat are now involved in the middle of sum- for natural gas. That will be something zones. However, when these individuals re- mer, the beginning of summer, but it which will help the American people. turn, their income is not as high. Therefore, it feels like the middle of summer with So I would just say that I don’t need is unfair to subject these individuals to the the heat that is out there, creeping up my leadership to tell me about it. All I means test. Simply, the means test is whether on us is the extraordinary increase need to do is go home and see the the person has the means to pay his or her that we are seeing in the cost of nat- prices of gasoline. All I need to do is debts. Hazard pay and temporary high pay for ural gas. Natural gas supplies a good listen to people. Seventy-some percent combat work is not necessarily a good indi- bit of the heating for the winter that of the American people now, by the lat- cator of a person’s means or ability to pay. we will find come November and De- est Fox poll, say they want more drill- These individuals are serving our country and cember. ing, they want more production in have legitimate financial concerns. I do not be- America. The only group that doesn’t b 1430 lieve that they should be penalized. I believe have a 70-some percent support of it is we should help our armed services personnel I have been informed that in Cali- this group, the House of Representa- for giving so much to fight for and protect this fornia electricity is produced at least tives. Either we’re behind the times or country. The least we can do is help them. 60 percent by natural gas. We don’t we’re ahead of the times. And I suspect I firmly believe that we should celebrate our have to wait for our heating fuel. We we’re behind the times. National Guard and Reservists, and I remain And all I’m doing is asking my good can worry about the concerns that we committed, as a Member of Congress, to en- friend, the chairman from Michigan, to have with air-conditioning supplied by suring that we demonstrate our respect for understand that the people of Michigan electricity. them. The National Guard and Reservists So all I’m saying, Madam Speaker, is suffer as much as the people of Cali- have kept their promise to serve our Nation; that as we work on worthy legislation fornia when we fail to understand that they have willingly risked their lives to protect like this, there is other worthy legisla- we have resources that we could use. the country we all love. tion out there. And all we ask is what We ought to use American technology As the great British leader Winston Churchill the American people ask: Give us a to develop American energy rather famously stated, ‘‘Never in the field of human vote. Give us a chance to prove that than having it developed all around the conflict was so much owed by so many to so the reserves that are available in the world. Oh, and by the way, oil spills. They few.’’ United States, American reserves, We must always remember the debt that we American oil, American natural gas, be come from tankers. They come from tankers, not from offshore rigs. We owe our National Guard and Reservists that utilized for Americans. If our enemy are willing to lay down their lives for us and was doing this to us, we would be in a ought to understand the more we’re de- pendent upon foreign oil, the more render the ultimate sacrifice for our freedom fighting mood, but unfortunately and security. Our gratitude must continue to through our Congress, we’re doing it to tankers that supply the oceans and a greater possibility of a problem which be unwavering. ourselves. In the words of President John F. Kennedy, So at some point in time, hopefully would cause difficulty on our beaches ‘‘As we express our gratitude, we must never in the not-too-distant future, we might and those beautiful waves that my forget that the highest appreciation is not to be able to prevail on the other side to friend from California enjoys surfing utter words, but to live by them.’’ It is not sim- understand that supply makes a dif- on in California. ply enough to sing the praises of our Nation’s ference and help us bring those costs Ms. JACKSON-LEE of Texas. Madam great veterans; I firmly believe that we must down as a result of increasing the prod- Speaker, I rise today in support of H.R. 4044, demonstrate by our actions how proud we are uct that is available to Americans from the ‘‘National Guard and Reservists Debt Re- of our American heroes. American sources. lief Act of 2008.’’ This bill is important because I urge my colleagues to support this bill. Once again, Madam Speaker, I sup- it liberalizes the debt relief standard for those Mr. NADLER. Madam Speaker, I rise it sup- port H.R. 4044, the National Guard and persons who are most deserving, our Nation’s port of this legislation which is a simple meas- Reservists Debt Relief Act of 2008. heroes that serve in the National Guard. Mr. CONYERS. Would the gentleman This bill is important because the President ure the House can take to help protect our yield? has made it more difficult for people to claim troops from undue financial hardship. We con- Mr. DANIEL E. LUNGREN. I yield to bankruptcy. Specifically, the Bankruptcy Abuse stantly receive stern lectures about the impor- my good friend from Michigan, the Prevention and Consumer Protection Act of tance of supporting the troops. But supporting chairman. 2005 (2005 Bankruptcy Act) was signed into the troops is more than just wearing a flag pin, Mr. CONYERS. I want to thank my law by President George W. Bush on April 20, or sticking a yellow ribbon on your car, or im- colleague for yielding. 2005. The 2005 Bankruptcy Act is the most pugning the patriotism of your political oppo- I thought for a minute I was on a comprehensive overhaul of bankruptcy law in nents. Special Order about ‘‘drill drill drill.’’ more than 25 years. The 2005 Bankruptcy Act Supporting the troops should entail some Has the leadership on your side in- makes particular changes to the consumer real benefit for those troops when they need structed everybody to insert this sub- bankruptcy. The changes to consumer bank- our help. As President Lincoln put it so well, ject into all of the debate this week be- ruptcy included, among other things, the es- to ‘‘care for him who shall have borne the bat- cause I would love to get into this. You tablishment of a means testing mechanism to tle and for his widow and his orphan.’’ Per- didn’t mention shale to coal. There’s a determine a debtor’s ability to repay debts. haps taking proper care of the wounded at whole range of opportunities for discus- Under this test, a chapter 7 bankruptcy case Walter Reed Army Medical Center, or pro- sion here. is presumed to be an abuse if it appears that viding them with suitable armor, or providing But I yield back, and I thank my col- the debtor has income in excess of certain them with assistance after they return home league for his support. thresholds. would be a good place to start. Mr. DANIEL E. LUNGREN of Cali- H.R. 4044 would exempt certain qualifying Here we have the opportunity to help a fornia. Madam Speaker, of course I reserve component members of the Armed small number of veterans, estimated at 2,000

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13338 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 to 2,500, by lifting what amounts to a costly Accountability Office report which will help us The SPEAKER pro tempore. The and burdensome paperwork burden. Accord- quantify the hardships our veterans face when question is on the motion offered by ing to the Republican witness in the Judiciary they return home by tracking how many apply the gentleman from Michigan (Mr. Committee, this bill is ‘‘targeted, specific, and for bankruptcy protection. CONYERS) that the House suspend the quite modest.’’ Many members of the Guard and Reserves rules and pass the bill, H.R. 4044, as Will it allow these veterans to commit fraud? leave for the war thinking they will only be de- amended. No. Creditors, the courts, the trustees, and the ployed for 6 to 12 months and end up getting The question was taken; and (two- Department of Justice have ample tools at their tours involuntarily extended. One quarter thirds being in the affirmative) the their disposal to deal with anyone trying to of those soldiers have been deployed more rules were suspended and the bill, as game the system. The case can still be dis- than once. There is almost no way that they amended, was passed. missed for abuse based on the totality of the can anticipate or prepare for that extension of The title was amended so as to read: circumstances, the court can still deny or re- their service financially. ‘‘A bill to amend title 11 of the United voke the debtor’s discharge of debts, the mili- According to the National Guard, forty per- States Code to exempt for a limited pe- tary could revoke the debtor’s security clear- cent of Reservists and members of the Na- riod, from the application of the ance, and the criminal code provides for fines tional Guard lose money when they leave their means-test presumption of abuse under and imprisonment of up to five years. civilian jobs for active duty. This is especially chapter 7, qualifying members of re- The means test is not stopping fraud. The true for servicemembers who own and operate serve components of the Armed Forces Bush Justice Department, which administers it, small businesses who put their businesses on and members of the National Guard has reported that less than half a percent of hold while they serve thousands of miles who, after September 11, 2001, are all cases are dismissed based on the means away. called to active duty or to perform a test. Now Reservists and National Guardsmen homeland defense activity for not less The form used to implement the means test and women are coming home to a weak econ- than 90 days.’’. has 57 separate sections. It takes a pro se omy and record unemployment levels. Eight- A motion to reconsider was laid on debtor approximately 10 to 12 hours, and it ri- een percent of recently separated service- the table. members are currently unemployed. They are vals IRS form 1040 in complexity. I challenge f my colleagues to fill it out. disproportionately feeling the pinch of record So today members have real choice. You gas prices, housing foreclosures, and food EDWARD BYRNE MEMORIAL JUS- can vote to support the troops or you can vote costs. TICE ASSISTANCE GRANT PRO- We have all heard from constituent to support the big banks. It is a pretty clear GRAM AUTHORIZATION servicemembers who have returned home to choice. I urge my colleagues to support the Mr. CONYERS. Madam Speaker, I find their families in financial disarray. Many troops. move to suspend the rules and pass the Ms. SCHAKOWSKY. Madam Speaker, I rise reservists took a pay cut from their regular bill (H.R. 3546) to authorize the Edward jobs to serve overseas; others find that when in strong support of H.R. 4044, the National Byrne Memorial Justice Assistance they are discharged, if they can find work, Guard and Reservists Debt Relief Act of 2008, Grant Program at fiscal year 2006 lev- they are returning home to lower salaries—in a bill I am proud to have authored. Since Sep- els through 2012, as amended. many instances, lower than their combat pay. tember 11, 2008, more than 460,000 Reserv- The Clerk read the title of the bill. Twenty five percent of servicemembers re- ists and members of the National Guard have The text of the bill is as follows: tuning from Iraq or Afghanistan earn less than been called to active duty in Iraq and Afghani- $25,000 a year. Some veterans are driven to H.R. 3546 stan. These courageous men and women homelessness—the VA estimates that there Be it enacted by the Senate and House of Rep- have selflessly left their families and their jobs are 1,500 homeless veterans of the wars in resentatives of the United States of America in to fight for our country on the battlefield, often Congress assembled, Iraq and Afghanistan. with little or no notice and no time to prepare The means test has a particularly adverse SECTION 1. AUTHORIZATION OF GRANTS. for the financial challenges that their deploy- impact on servicemembers. Most service- Section 508 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 ments will present. members receive higher compensation in the In April 2005, the Bankruptcy Abuse Pre- U.S.C. 3758) is amended by striking ‘‘for fis- form of combat pay and have fewer expenses cal year 2006’’ through the period and insert- vention and Consumer Act made it harder for while serving abroad, but upon leaving service individuals to discharge their debts in bank- ing ‘‘for each of the fiscal years 2006 through they face lower incomes and higher expenses. 2012.’’. ruptcy. That legislation requires debtors who Because the means test factors in a person’s The SPEAKER pro tempore. Pursu- file for bankruptcy to submit to a means test income and expenses for the six-month period that assesses their eligibility for bankruptcy ant to the rule, the gentleman from preceding the bankruptcy filing, a veteran’s in- Michigan (Mr. CONYERS) and the gen- protection. H.R. 4044 would exempt members come is artificially inflated and expenses are of the National Guard and Reserves facing tleman from California (Mr. DANIEL E. inaccurately low. As a result, veterans risk LUNGREN) each will control 20 minutes. bankruptcy as a result of their service from having their chapter 7 case dismissed and that means test. The Chair recognizes the gentleman being forced to file under the stricter chapter from Michigan. When the changes to bankruptcy law were 13. made, Congress understood the importance of The men and women of the National Guard GENERAL LEAVE exempting disabled veterans whose debts and Reserves have risked their lives to protect Mr. CONYERS. Madam Speaker, I were incurred while they were on active duty us. If servicemembers, through no fault of their ask unanimous consent that all Mem- from means testing. However, the men and own, end up in bankruptcy, they deserve pro- bers have 5 legislative days to revise women of the National Guard and Reserves tection from Congress. This bill brings us one and extend their remarks and include were left out; their sacrifice was disregarded. step closer to providing them with financial re- extraneous material on the bill under That is why I introduced this legislation with lief when they come home from their service. consideration. my friend and colleague Congressman DANA I would like to offer my heartfelt thanks to The SPEAKER pro tempore. Is there ROHRABACHER. Those heroes returning from Chairman CONYERS and Subcommittee Chair- objection to the request of the gen- active service in the Guard and Reserves de- woman LINDA SA´NCHEZ for their commitment tleman from Michigan? serve the same flexibility. to and work on this bill and to the minority There was no objection. H.R. 4044 allows members of the National Committee Members for working with us to Mr. CONYERS. I would like to begin Guard and Reservists to file for Chapter 7 find a compromise and get this bill on the floor by yielding as much time as he may without the added paperwork burden and ob- today. And again, I thank my colleague Con- consume to our distinguished colleague stacles of the means test. The bill would apply gressman ROHRABACHER, whose passion and from Georgia (Mr. JOHNSON) who has to our citizen soldiers who have served in the persistence on this issue have made him a worked more diligently than I believe armed forces for more than 90 days since 9/ wonderful ally. any Member in the House on this meas- 11 and would grant them an exemption from Mr. DANIEL E. LUNGREN of Cali- ure. He shepherded it through hearings the test for up to a year and a half after they fornia. I yield back the balance of my and markup in Judiciary, and now return home. It also requires a Government time. we’re on the floor.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13339 Mr. JOHNSON of Georgia. Thank ward Byrne Memorial Justice Assist- something is a serious crime, it’s a you, Mr. Chairman. ance Grant Program at fiscal year 2006 Federal crime; unless the FBI gets in- Madam Speaker, today I rise in sup- levels through the year 2012. This bill volved, it’s not important, it’s not port of my bill, H.R. 3546, which will re- continues to fund the Department of going to be handled well. Well over 90 authorize Byrne-JAG grants for local Justice Byrne-JAG Grant Program percent, well over 95 percent of all law enforcement. that, as the gentleman from Georgia crime is investigated and prosecuted at Officer Edward Byrne was a rookie said, provides assistance to State and the local and State level, not the Fed- New York police officer in New York local law officials. eral level. That’s why these grants City when he was killed in the line of These grants support a broad range work very, very well when it encour- duty in February of 1988. Officer Byrne of activities to prevent and control ages a multi-jurisdictional approach came from a family of police officers crimes and to improve the criminal where you can find the abilities, the and was dedicated to cleaning up his justice system. The department allo- differing abilities of the agencies and beat in Queens. cates funds using a formula based on departments, the coming together to Late on the night of February 26, State population and the annual Uni- work with one another. 1988, Officer Byrne and his partner were fied Crime Report statistics. The pro- Law enforcement officials remain staking out a house when he was mur- gram does have a minimum allocation committed to preventing crime and dered in his car, shot in the head five to ensure that each State and territory keeping our communities safe, and times with a pistol. He was only 22 receive an appropriate share of the their efforts should be applauded. How- years old. Federal funds. ever, given the report, it is clear that Officer Byrne’s sacrifice was not in Byrne-JAG funds can be used to pay additional steps need to be taken in vain. His murderers and the criminals for personnel overtime and equipment, order to continue to address the issue who employed them were found, funds are used for Statewide initia- of crime. charged, and convicted. And today, in tives, technical assistance and train- During the past few months, rep- perpetuation of Officer Byrne’s legacy, ing, and support for local and rural ju- resentatives from various law enforce- the Byrne-JAG grant program is now risdictions. ment associations visited me and my the only Federal program that funds I can say, Madam Speaker, that my colleagues to discuss the Byrne-JAG crime fighting and prevention through- experience in the past serving as the funding. They have spoken with near out the States across State lines and Attorney General of California allowed unanimity about the important role nationwide. me to see the good work that the Byrne-JAG funding plays in aiding This program, Mr. Chairman and Byrne funds has done and continues to their efforts to accomplish their law Madam Speaker, is more important do, primarily in the area of multi-juris- enforcement missions. now than ever. The slowing economy dictional task forces as was mentioned Congress plays an important role in undermines the ability of local law en- by the gentleman from Georgia. forcement to maintain and support This is actually an area where we ac- supporting State and local law enforce- crime prevention programs in our com- tually see a synergism that exists ment by continuing to enforce to reau- munity as well as maintain order. among different levels of government thorize this program at appropriate Already, cash-strapped local govern- and their law enforcement personnel. It levels. However, we should not in any ments face lower tax revenues and is always important that they have way suggest that the Federal Govern- higher crime rates and recidivism. good leadership at each level, and the ment has the first responsibility for Local officials depend on these Byrne- training that took place as a result of funding local and State law enforce- JAG grants to invest in law enforce- many of these multi-jurisdictional ment. That remains with local and ment resources that keep crime and task forces actually created an im- State jurisdictions, and frankly, if they drugs out of our communities. In my provement in the overall training for don’t understand the priority, the first home State of Georgia, these grants law enforcement across the country. It priority of government, to try and cre- provide for a specialize core of drug en- is a remarkable thing to see agents ate a modicum of safety and security forcement agencies that work closely from different agencies, different de- for the people of those jurisdictions so together cooperating with each other partments, working together for a that they can live their lives in some and the Federal Government. And na- common purpose. sense of security not having to worry tionwide, the results speak for them- As the gentleman mentioned, you about violent criminals upsetting their selves. can, as a result of these task forces, lives, attacking them and their loved Byrne-JAG has led to the seizure of count up the number of arrests made, ones. If local and State jurisdictions 54,000 weapons, the destruction of 5.5 the number of convictions obtained, don’t understand that, frankly, they million grams of methamphetamine, the number of weapons taken off the don’t understand the first obligation of and the elimination of nearly 9,000 street, the number of drugs taken off government. meth labs per year. Nevertheless, Con- the street in each and every case mak- b 1445 gress has consistently underfunded this ing it safer for the people of the States program, and President Bush threatens of the United States. So, while we wholeheartedly support additional cuts in the 2009 fiscal budget On June 9, the Federal Bureau of In- this funding program, let us ensure fiscal year. But we can’t afford to deny vestigation released a 2007 Unified that at the local and State levels those local governments the resources that Crime Report detailing the statistics representatives are held responsible by they so desperately need to fight and and tracking trends for violent crimes the people that elect them to ensure prevent crime. nationwide. The national rate for vio- that the first priority of government is My bill will reauthorize Byrne-JAG lent crimes, that is including robbery, achieved: a modicum of safety and se- funding at full 2006 levels, and I urge sexual assault, and murder, decreased curity for the people of the jurisdic- my colleagues in this body to support nationally. Unfortunately, the report tions that they find themselves in. it. also showed the rate of violent crime With that, I reserve the balance of In honor of Officer Edward Byrne, rate increased in some communities my time. this program will help keep our streets, across the country. This is not by acci- Mr. CONYERS. Madam Speaker, I our kids, our fellow citizens, and our dent that we see an overall improve- couldn’t concur more with the speak- communities safe from criminal activ- ment across the country. It is the re- ers, our friend from Georgia, HANK ity and drugs. sult of the work of many good men and JOHNSON, and the distinguished mem- Mr. DANIEL E. LUNGREN of Cali- women in uniform and the support to ber of the Judiciary Committee who fornia. Madam Speaker, I yield myself organizations that they have through- has been the Attorney General in the such time as I may consume. out this country. largest State in the country. Madam Speaker, I rise in support of We should understand that while And so I am enthusiastically sup- H.R. 3546, a bill to authorize the Ed- sometimes the trend is to say that if porting the continuation of these

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Madam Speaker, I yield back the bal- think you could go through all the These scandals are not the result of a few ance of my time. countries with a nationalization. ‘‘bad apples’’ in law enforcement; they are the Mr. DANIEL E. LUNGREN of Cali- Maybe Venezuela is a trend setter here, result of a fundamentally flawed bureaucracy fornia. Madam Speaker, once again, I but I don’t think that’s exactly where that is prone to corruption by its very structure. rise in support of H.R. 3546, and I yield we want to go. So the answer to the Byrne-funded regional anti-drug task forces myself such time as I may consume, gentleman, through the Speaker, is no. are federally funded, State managed, and lo- and suggest that of all the costs that Ms. JACKSON-LEE of Texas. Madam cally staffed, which means they do not really are involved with law enforcement Speaker, I rise today in support of H.R. 3546 have to answer to anyone. In fact, their ability across the country, one of the greatest to reauthorize the Edward Byrne Memorial to perpetuate themselves through asset for- is the cost of gassing up their cars. Justice Assistance Grant (Byrne-JAG) Pro- feiture and federal funding makes them unac- As the gentleman understands, law gram at fiscal year 2006 levels through 2012. countable to local taxpayers and governing enforcement, yes, travels on its feet, The Byrne-JAG monies are supposed to be bodies. but more than often travels on its used to make America a safer place. I support The scandals are more widespread than just wheels. The increased costs of energy the reauthorization and I would urge my col- a few instances. A 2002 report by the ACLU affect us all across this Nation. Every leagues to do likewise. of Texas identified seventeen scandals involv- home is affected by it, without regard WHY BYRNE-JAG IS NECESSARY ing Byrne-funded anti-drug task forces in to economic status. But think about Byrne-JAG allows states and local govern- Texas, including cases of falsifying govern- this, our law enforcement agencies are ments to support a broad range of activities to ment records, witness tampering, fabricating very labor-intensive. They depend on prevent and control crime and to improve the evidence, stealing drugs from evidence lock- people, yes, applying technology, but criminal justice system, which States and local ers, selling drugs to children, large-scale racial we depend on people. governments have come to rely on to ensure profiling, sexual harassment, and other abuses When we have concern about crime in public safety. They support: law enforcement, of official capacity. a particular area, it doesn’t do to say, prosecution and court programs, prevention Texas is not the only State that has suffered well, we’ve got new computers down- and education, corrections and community from Byrne-funded law enforcement scandals. town; that’s going to take care of it. programs, drug treatment, planning, evalua- Scandals in other States have included the What do people want to see? They want tion, technology improvement programs, and misuse of millions of dollars in federal grant to see law enforcement in their areas. crime victim and witness programs (other than money in Kentucky and Massachusetts, false And for most areas of America, that compensation). In short, they are an indispen- convictions based upon police perjury in Mis- means seeing patrol cars coming sable resource that states use to combat souri, and making deals with drug offenders to through their neighborhoods at an ap- crime. drop or lower their charges in exchange for propriate time, seeing them respond money or vehicles in Alabama, Arkansas, RECENT CUTS IN BYRNE JAG FUNDING whenever there is a cry for help as a re- Massachusetts, New York, Ohio, and Wis- sult of crime or an attempt at crime. Unfortunately, in fiscal year 2008 the Byrne- consin. A 2001 study by the Government Ac- The costs that are implicit in this JAG program was cut by two-thirds. Although countability Office found that the federal gov- tremendous increase in energy costs in Congress authorized over $1 billion, only $520 ernment fails to adequately monitor the grant this country, the gasoline pump prices, million were appropriated for fiscal year 2007. program and hold grantees accountable. The appropriation was then drastically reduced affect each and every one of our law en- AMENDMENT CONSIDERED BUT NOT OFFERED to $170.4 million in fiscal year 2008, and the forcement agencies. And so I would Because of these abuses, I would have of- President has proposed further cuts for the fis- hope as we support unanimously this fered an amendment when this bill was con- cal year 2009 budget. Edward Byrne Memorial Justice As- sidered at the Full Judiciary Committee mark- sistant Grant Program for fiscal years PAST PROBLEMS WITH BYRNE JAG up. My amendment would have addressed the 2006 through 2012, we also think at The trend to reduce the grant funding may responsible use of Byrne-JAG monies. Specifi- some point in time of bringing up a bill result, in part, from instances where Byrne- cally, my amendment would have required that that might help us get some relief in JAG funding has been abused. For example, a State that receives Byrne-JAG money that area. If you add it all up, it might in 1999 Byrne-JAG funding was used in the should collect data for the most recent year for add up to the total cost of the Byrne infamous Tulia outrage in which a rogue police which such funds were allocated to such grant program. narcotics officer in Texas set up dozens of State, with respect to: Mr. CONYERS. Would the gentleman people, most of them African-American, in (1) The racial distribution of criminal charges yield? false cocaine trafficking charges. In other in- made during that year; Mr. DANIEL E. LUNGREN of Cali- stances, jurisdictions used the funding to fund (2) The nature of the criminal law specified fornia. I would be happy to yield to the task forces focused solely on ineffective, low- in the charges made; and gentleman from the place where I level drug arrests, which has put the task (3) The city of law enforcement jurisdiction think they still build more auto- force concept—and the diminished standards in which the charges were made. mobiles than any other place in the of drug enforcement that it has come to rep- My amendment would have required a con- country. resent—in the national spotlight. dition of receiving funds that the State should Mr. CONYERS. Well, not Canada, The most well-known Byrne-funded scandal submit to the Attorney General the data col- though. I thank the gentleman for occurred in Tulia, Texas where dozens of Afri- lected by not later than one year after the date yielding, and I was concerned only for can-American residents (representing 16 per- the State received funds. Lastly, the report a moment that he wasn’t going to cent of the town’s black population) were ar- should be posted on the Bureau of Justice bring up this subject. It was with very rested, prosecuted and sentenced to decades Statistics website and submitted to the Attor- little ingenuity required on his part to in prison, even though the only evidence ney General. tie it into this measure. against them was the uncorroborated testi- My amendment is good because arrests will As a distinguished member of Judici- mony of one white undercover officer with a be transparent and the light of day and public ary, has the gentleman considered one history of lying and racism. The undercover of- airing of any problems will be the greatest dis- of the proposals about bringing the ficer worked alone, and had no audiotapes, infectant. My amendment is an attempt to price down by nationalizing the oil video surveillance, or eyewitnesses to cor- make law enforcement more responsible, companies in this country? roborate his allegations. Suspicions eventually more accountable, and more just in their deal- Mr. DANIEL E. LUNGREN of Cali- arose after two of the accused defendants ings with persons of all races and back- fornia. If I might respond, through the were able to produce firm evidence showing grounds. My amendment is but a small price

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Despite the Bush Administra- These scandals are not the result of a few that states receiving federal funds under the tion’s efforts to eliminate funding for this im- ‘‘bad apples’’ in law enforcement; they are the No More Tulias Act to collect data on the ra- portant program, I commend the Democratic result of a fundamentally flawed bureaucracy cial distribution of drug charges, the nature of Leadership for demonstrating their commit- that is prone to corruption by its very structure. the criminal law specified in the charges, and ment to full funding for Byrne-JAG by bringing Byrne-funded regional anti-drug task forces the jurisdictions in which such charges are this legislation to the Floor. are federally funded, state managed, and lo- made. I urge my colleagues to support my No Local law enforcement officials depend on cally staffed, which means they do not really More Tulias Act so that we can quickly bring Byrne-JAG grants to invest in strategies that have to answer to anyone. In fact, their ability the bill to markup. combat crime and drugs. Without these re- to perpetuate themselves through asset for- I also urge my colleagues to support Byrne sources, State and local law enforcement can- feiture and federal funding makes them unac- JAG. not take the steps they need to protect our countable to local taxpayers and governing Mr. BILIRAKIS. Madam Speaker, I rise families and our country’s most precious re- bodies. today to express my strong support for H.R. sources, our children and young adults, from The scandals are more widespread than just 3546, which authorizes the Edward Byrne Me- violence and drug abuse. Madam Speaker, it’s a few instances. A 2002 report by the ACLU morial Justice Assistance Grant Program at our responsibility to make certain these brave of Texas identified seventeen scandals involv- fiscal year 2006 levels through 2012. men and women have the support necessary ing Byrne-funded anti-drug task forces in Earlier this year I was disappointed to learn to perform their jobs. It’s the least we can do. Texas, including cases of falsifying govern- of the administration’s draconian reduction in Mr. SOUDER. Madam Speaker, I rise today ment records, witness tampering, fabricating funding which would have limited the ability of in strong support of H.R. 3546, a bill to author- evidence, stealing drugs from evidence lock- our law enforcement officers to obtain the nec- ize funding for the Edward Byrne Memorial ers, selling drugs to children, large-scale racial essary manpower, equipment, and other tools Justice Assistance Grant Program at fiscal profiling, sexual harassment, and other abuses to reduce criminal activity, putting them in a year 2006 levels—$1.095 billion—through of official capacity. reactive rather than proactive mode. 2012. As a cosponsor of this legislation, I Texas is not the only state that has suffered The Edward Byrne Memorial Justice Assist- know the critical importance of Byrne-JAG from Byrne-funded law enforcement scandals. ance Grant Program allows States and local funding to law enforcement, and especially Scandals in other states have included the governments to improve their criminal justice drug task forces, throughout the United States. misuse of millions of dollars in federal grant system by supporting activities that help pre- Many of us remain deeply disappointed that money in Kentucky and Massachusetts, false vent and control crime. the program’s FY 2008 appropriation was cut convictions based upon police perjury in Mis- H.R. 3546 authorizes $1.095 billion annually so drastically at the end of last year. souri, and making deals with drug offenders to through FY2012 for the grant program. It is Byrne JAG provides needed funding to drug drop or lower their charges in exchange for critically important that States and local law task forces throughout my district. For exam- money or vehicles in Alabama, Arkansas, enforcement agencies have access to these ple, the Allen County Drug Task Force relies Massachusetts, New York, Ohio, and Wis- much-needed resources, which help fight on this program’s funding to continue its work consin. A 2001 study by the Government Ac- crime and drug proliferation in our commu- with the FBI, DEA and ATF targeting drug traf- countability Office found that the federal gov- nities. fickers. As does the Indiana Multi-Agency ernment fails to adequately monitor the grant Madam Speaker, we must properly fund our Group Enforcement (IMAGE), a drug-enforce- program and hold grantees accountable. local law enforcement officers, who put their ment team combining select law enforcement My amendment, which I would have offered, lives on the line daily to keep the rest of us from DeKalb, Noble, Steuben, and LaGrange would provide oversight and accountability. It safe. Therefore, I encourage my colleagues to counties. In 2006 alone, IMAGE worked on is not burdensome. It will not prevent the join me in voting for this very important legisla- 101 drug and prostitution cases, and seized il- States from collecting and funding programs tion to keep our neighborhoods safe! legal drugs valued at nearly $3 million. These under the Byrne Grant program. My amend- Ms. WOOLSEY. Madam Speaker, ensuring results speak for themselves, and they dem- ment does however shed light on any mala- that local law enforcement officials are pro- onstrate how critical it is to the safety of Hoo- dies that might exist in the system. Once we vided with the resources they need to effec- siers in northeast Indiana, as well as Ameri- see the problems, we can fix them. My tively protect our communities requires nothing cans nationwide, that the Byrne JAG program amendment is responsible and aims to make less than our sustained commitment and dedi- is fully-funded. the Byrne-Grant program a better program by cation. That’s why I am proud to support of I was very upset when Congress cut Byrne- ensuring that the funding is used appropriately H.R. 3546, the Byrne-Justice Assistance JAG funding by 67 percent last December in and is used with oversight. Grant, JAG, Reauthorization Act. the FY 2008 Omnibus Appropriations Bill. If NO MORE TULIAS The Byrne-JAG program provides State and the House doesn’t act quickly to restore this While I support the Byrne JAG reauthoriza- local governments with the tools necessary to key funding source, law enforcement pro- tion, I would also my urge my colleagues to prevent and control crime while strengthening grams throughout the Nation will certainly be also support my bill, H.R. 253, No More our criminal justice system. These grants help reduced—or eliminated—likely reversing hard- Tulias: Drug Law Enforcement Evidentiary fund law enforcement programs targeting won gains that have been made over the Standards Improvement Act of 2007. This bill school violence, hate crimes, and victims of years at the local level. also enhances accountability with respect to violent crimes. Additionally, Byrne-JAG grants We have an opportunity with the FY 2008 the use of Byrne JAG monies. enable state, regional, and local agencies to Supplemental Appropriations bill to correct that First, it prohibits a state from receiving for a confront and overcome the threats posed by mistake, and I strongly urge the House to ac- fiscal year any drug control and system im- drug trafficking through providing essential cept the Senate language restoring Byrne-JAG provement (Byrne) grant funds, or any other funding to improve drug enforcement and funding for the current fiscal year. This meas- amount from any other law enforcement as- treatment programs. By using these grants to ure is necessary in order for local law enforce- sistance program of the Department of Jus- develop multi-jurisdictional drug task forces, ment agencies to continue their constant pur- tice, unless the state does not fund any anti- law enforcement officials from around the suit of criminals, especially drug dealers. We drug task forces for that fiscal year or the country have been able to foster institutional will be taking a major step backward if we state has in effect laws that ensure that: (1) A collaboration built on their shared expertise don’t accept the Senate’s proposal. The long- person is not convicted of a drug offense un- and training. term effects of such a move are dangerous. less the facts that a drug offense was com- Last year, the City of Santa Rosa and As we enter the general appropriations sea- mitted and that the person committed that of- Sonoma County in my Congressional District son for next fiscal year, I also urge the Appro- fense are supported by evidence other than were fortunate enough to receive Byrne-JAG priations Committee, and the House in gen- the eyewitness testimony of a law enforce- grants, which went to support programs de- eral, to fully fund this program in FY 2009. ment officer or individuals acting on an offi- signed to assist in the prevention of drug use, The Byrne JAG program is a proven success cer’s behalf; and (2) an officer does not par- treat non-violent offenders, and improve the that strongly deserves reauthorization, and I ticipate, in an antidrug task force unless that effectiveness of our criminal justice system. urge passage today of H.R. 3546.

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The istering Black voters in Mississippi; and Michael Schwerner worked for freedom, Whereas on the morning of June 21, 1964, democracy and equal justice under the law question is on the motion offered by the 3 men left the CORE office in Meridian for all; and the gentleman from Michigan (Mr. and set out for Longdale, Mississippi, where Whereas the Federal Government should CONYERS) that the House suspend the they were to investigate the recent burning find an appropriate way to honor these cou- rules and pass the bill, H.R. 3546, as of the Mount Zion Methodist Church, a rageous young men and their contributions amended. Black church that had been functioning as a to civil rights and voting rights: Now, there- The question was taken. Freedom School for education and voter reg- fore, be it The SPEAKER pro tempore. In the istration; Resolved, That the House of Representa- tives encourages all Americans to— opinion of the Chair, two-thirds being Whereas on their way back to Meridian, James Chaney, Andrew Goodman, and Mi- (1) pause and remember Andrew Goodman, in the affirmative, the ayes have it. chael Schwerner were detained and later ar- James Chaney, and Michael Schwerner and Mr. JOHNSON of Georgia. Madam rested and taken to the Philadelphia, Mis- the 44th anniversary of their deaths; Speaker, on that I demand the yeas sissippi, jail; (2) commemorate the life and work of An- and nays. Whereas later that same evening, on June drew Goodman, James Chaney, and Michael The yeas and nays were ordered. 21, 1964, they were taken from the jail, Schwerner, and all of the other brave Ameri- The SPEAKER pro tempore. Pursu- turned over to the Ku Klux Klan, and were cans who made the ultimate sacrifice in the ant to clause 8 of rule XX and the beaten, shot, and killed; name of civil rights and voting rights for all Americans; and Chair’s prior announcement, further Whereas 2 days later, their burnt, charred, gutted blue Ford station wagon was pulled (3) commemorate and acknowledge the leg- proceedings on this motion will be from the Bogue Chitto Creek, just outside acy of the brave Americans who participated postponed. Philadelphia, Mississippi; in the civil rights movement and the role f Whereas the national uproar caused by the that they played in changing the hearts and disappearance of the civil rights workers led minds of Americans and creating the polit- COMMEMORATING THE 44TH ANNI- President Lyndon B. Johnson to order Sec- ical climate necessary to pass legislation to VERSARY OF FREEDOM SUMMER retary of Defense Robert McNamara to send expand civil rights and voting rights for all 200 active duty Navy sailors to search the Americans. Mr. CONYERS. Madam Speaker, I swamps and fields in the area for the bodies move to suspend the rules and agree to The SPEAKER pro tempore. Pursu- of the 3 civil rights workers, and Attorney ant to the rule, the gentleman from the resolution (H. Res. 1293) commemo- General Robert F. Kennedy to order his Fed- Michigan (Mr. CONYERS) and the gen- rating the 44th anniversary of the eral Bureau of Investigation (FBI) director, deaths of civil rights workers Andrew J. Edgar Hoover, to send 150 agents to Mis- tleman from California (Mr. DANIEL E. Goodman, James Chaney, and Michael sissippi to work on the case; LUNGREN) each will control 20 minutes. The Chair recognizes the gentleman Schwerner in Philadelphia, Mississippi, Whereas the FBI investigation lead to the from Michigan. while working in the name of American discovery of the bodies of several other Afri- can-Americans from Mississippi, whose dis- GENERAL LEAVE democracy to register voters and se- appearances over the previous several years cure civil rights during the summer of Mr. CONYERS. Madam Speaker, I had not attracted attention outside their ask unanimous consent that Members 1964, which has become known as local communities; ‘‘Freedom Summer’’. Whereas the bodies of Andrew Goodman, have 5 legislative days to revise and ex- The Clerk read the title of the resolu- James Chaney, and Michael Schwerner, beat- tend their remarks and include extra- tion. en and shot, were found on August 4, 1964, neous material. The text of the resolution is as fol- buried under a mound of dirt; The SPEAKER pro tempore. Is there lows: Whereas on December 4, 1964, 21 White Mis- objection to the request of the gen- sissippians from Philadelphia, Mississippi, tleman from Michigan? H. RES. 1293 including the sheriff and his deputy, were ar- There was no objection. Whereas 44 years ago, on June 21, 1964, An- rested, and the Department of Justice Mr. CONYERS. Madam Speaker, I drew Goodman, James Chaney, and Michael charged them with conspiring to deprive An- yield myself as much time as I may Schwerner were murdered in Philadelphia, drew Goodman, James Chaney, and Michael Mississippi, while working in the name of Schwerner of their civil rights, since murder consume. American democracy to register voters and was not a Federal crime; I am so pleased to bring this resolu- secure civil rights during the summer of 1964, Whereas on December 10, 1964, the same tion from the Judiciary Committee to which would become known as ‘‘Freedom day Dr. Martin Luther King, Jr. received the remember the deaths of those three Summer’’; Nobel Peace Prize, a United States District great civil rights workers. And I, of Whereas Andrew Goodman was a 20-year- judge dismissed charges against the 21 men course, begin my comments by thank- old White anthropology major from New accused of depriving the 3 civil right workers ing and commending our greatest civil York’s Queens College, who volunteered for of their civil rights by murder; rights champion in the House of Rep- the Freedom Summer Project; Whereas in 1967, after an appeal to the Su- Whereas James Chaney was a 21-year-old preme Court and new testimony, 7 individ- resentatives, JOHN LEWIS of Georgia, African-American from Meridian, Mis- uals were found guilty, but 2 of the defend- who was a leader in the civil rights sissippi, who became a civil rights activist, ants, including Edgar Ray Killen, who had movement, worked with the Student joining the Congress of Racial Equality been strongly implicated in the murders by Non-Violent Coordinating Committee, (CORE) in 1963 to work on voter education witnesses, were acquitted because the jury and with Dr. Martin Luther King, and and registration; came to a deadlock on their charges; with other civil rights organizations. Whereas Michael ‘‘Mickey’’ Schwerner was Whereas on January 6, 2005, a Neshoba He was also at the great march on a 24-year-old White CORE field secretary in County, Mississippi, grand jury indicted Washington in 1963, and we all met. Mississippi and a veteran of the civil rights Edgar Ray Killen on 3 counts of murder; It was a stirring moment in Amer- movement, from Brooklyn, New York; Whereas on June 21, 2005, a jury convicted Whereas in 1964, Mississippi had a Black Edgar Ray Killen on 3 counts of man- ican history, and these three young voting-age population of 450,000, but only slaughter; men paid with their lives for their dedi- 16,000 Blacks were registered to vote; Whereas June 21, 2008, will be the 44th an- cation to ensure that we could end seg- Whereas most Black voters were niversary of Andrew Goodman, James regation and secure the right to vote disenfranchised by law or practice in Mis- Chaney, and Michael Schwerner’s ultimate for all people in America. sissippi; sacrifice; A number of Judiciary Committee Whereas in 1964, Andrew Goodman, James Whereas by the end of Freedom Summer, members have joined with me as co- Chaney, and Michael Schwerner volunteered volunteers, including Andrew Goodman, sponsors of this measure: the gen- to work as part of the ‘‘Freedom Summer’’ James Chaney, and Michael Schwerner, project that involved several civil rights or- helped register 17,000 African-Americans to tleman from New York, JERROLD NAD- ganizations, including the Mississippi State vote; LER; STEVE COHEN, Tennessee; BOBBY chapter of the National Association for the Whereas the national uproar in response to SCOTT of Virginia; SHEILA JACKSON- Advancement of Colored People, the South- the deaths of these brave men helped create LEE, Texas; ADAM SCHIFF, California;

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LINDA SA´ NCHEZ, California; BETTY SUT- At the time, the State of Mississippi the chairman of the full committee, for TON, Ohio; and a number of others. didn’t file charges against anyone. The his leadership and for his dedication to You remember the summer of 1964? Federal Government charged someone the issue and the cause of civil rights, Goodman, a student at New York’s in 1967 with conspiring to violate the and for bringing this resolution to the Queens College; James Chaney of Mis- civil rights of another, but that defend- floor. sissippi; Michael Schwerner, 24 years ant was acquitted. Of seven other men Madam Speaker, I rise today to pay old of New York, were all working with convicted on conspiracy charges, no tribute to the courage and conviction the CORE, the Congress of Racial one served more than 6 years for the of three young men, Andy Goodman, Equality. And they left the Meridian, death of three innocent individuals in James Chaney and Michael Schwerner. Mississippi, office for the town of this United States of America. On June 21, 1964, they gave their lives Philadelphia 25 miles away. They were It was not until January 6, 2005, that in a struggle for voting rights in Amer- stopped by the Klan, and the rest is Mississippi indicted Edgar Ray Killen ica. history. on three counts of murder. He was There was a time, just 44 years ago, We still work against the backdrop of found guilty of three counts of man- when it was almost impossible in the this activity. It was out of their sac- slaughter on June 1, 2005, the 41st anni- American south for people of color to rifices that the movement and under- versary of the crime. register and vote. Then, I was 24 years standing of not only the citizens of the There is no doubt that justice so de- old and the chair of the Student Non- country but the leaders of the country layed warrants our honoring these Violent Coordinating Committee, bet- and Washington understood what we three civil rights heroes again today, ter known as SNCC. I traveled around had to accomplish. And we passed the some 44 years after their death. the country encouraging young people Civil Rights Act of 1964, the Voting Last year, the House passed H.R. 923, to come to Mississippi to get involved Rights Act of 1965. Dr. Martin Luther the Emmett Till Unsolved Civil Rights with the Freedom Summer. It was the King’s inspiring rhetoric kept us to- Crime Act, which came out of our com- summer of 1964. gether for so, so long, and I’m happy mittee with bipartisan support, and it At that time, the State of Mississippi had a black population of voting age of that we’re doing what we’ve done. I’m directs the Attorney General to des- more than 450,000, but only about 18,000 sure the Senate, the other body, will ignate a deputy chief within the Civil blacks were registered to vote. It was follow very rapidly. Rights Division of the Department of I reserve the balance of my time. Justice and a supervisory special agent dangerous, very dangerous, for those of Mr. DANIEL E. LUNGREN of Cali- within the Civil Rights Unit of the FBI us who believed that everyone should fornia. Madam Speaker, I yield myself to coordinate the investigation and have the right to vote. But in spite of such time as I may consume. prosecution of unsolved civil rights-era the risks, there were people—young Madam Speaker, I rise in support of murders. and old, black and white, rich and poor—people like Andy Goodman, H. Res. 1293, honoring Andrew Good- b 1500 man, James Chaney and Michael James Chaney and Mickey Schwerner, We’ve got to do it now because the who put aside the comfort of their own Schwerner: Mr. Goodman, a 20-year-old perpetrators of these crimes have been lives to make sure that every citizen student volunteer; Mr. Chaney, a 21- able to live in freedom for so long. had free and fair access to the ballot, year-old plasterer and activist in the And some say why go after old men not only in Mississippi, but throughout civil rights movement; Mr. Schwerner, in their last years? Because, in fact, America. a 24-year-old founder of one of the first they should not have the opportunity Mickey Schwerner was a 24-year-old community centers for African Ameri- to live out their lives without being white man from Brooklyn, New York, cans in Mississippi. Mr. Chaney and held responsible for these horrendous who was already a participant in the Mr. Schwerner were also members of acts. The bill also provides much-need- movement. Andy Goodman was also the civil rights task force organized by ed resources to the Department of Jus- white, a 21-year-old student at Queens the Congress of Racial Equality. tice, the FBI, State and local law en- College in New York. James Chaney All three were tragically killed in forcement officials to prosecute these was a 21-year-old African American 1964, that summer, for their participa- cases. man from Meridian, Mississippi, who tion in the civil rights campaign in Madam Speaker, the FBI has identi- decided to take a stand for justice in Mississippi, where they had just taken fied nearly 100 outstanding cases that his own community, in his own State. part, along with 175 other volunteers, still need to be assessed. Many of these On the morning of June 21, 1964, these in a civil rights orientation project, murders are 30 or 40 years old. Obvi- three young men drove to Longdale, which led the way for some 800 other ously they’re difficult to investigate Mississippi to investigate the burning volunteers. and to prosecute because evidence has of an African American church. On I had just graduated from high school been lost or destroyed, witnesses and their way back, they were arrested, at in California, and I remember the defendants have died, and memories least stopped and detained by the sher- shock of hearing about this tragedy. It have dimmed. We must act quickly to iff and taken to jail in Philadelphia, was one in a series of tragedies we were bring the long-overdue justice to these Mississippi. That same evening they seeing portrayed around the United victims and their families. were released from the jail by the sher- States, where people just simply at- I urge all my colleagues to join the iff and turned over to the Klan. They tempting to be recognized as full chairman of the full committee and were beaten, shot and killed. Their human beings in this society, with the other members of the Judiciary Com- burnt blue Ford station wagon was opportunity to vote and the oppor- mittee in supporting this resolution. pulled from a creek just 2 days later. I tunity to participate in the political Madam Speaker, I reserve the bal- joined in the search for them that process, were being denied that, and ance of my time. night with a very heavy heart. Their they and many others attempted to try Mr. CONYERS. Madam Speaker, I bodies were found a few weeks later, and change that. thank the floor manager for his state- about 6 weeks later, on August 4, 1964, That summer, these three men were ment and his commitment across the buried under a mound of dirt. picked up by a sheriff for allegedly years for civil rights activity. Madam Speaker, I share this story speeding, and after their release from I yield all but 3 minutes to the dis- today so that Members of Congress will jail, they disappeared. tinguished gentleman from Georgia, realize that the struggle for civil rights A KKK informant and an FBI inves- JOHN LEWIS, whose work and writings has been a long, hard road littered by tigation pieced the story together. Evi- and the history that he has made in the battered and broken bodies of dently, after their release, the three this area are well known across this countless men and women who paid the men had been chased off the road, country and, indeed, around the world. ultimate price for a precious right, the forced into a Klansmen’s car, brutally Mr. LEWIS of Georgia. Madam right to vote, the right to participate beaten, and killed. Speaker, I want to thank Mr. CONYERS, in a democratic process.

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Andy Goodman, James Chaney and We must never forget the lessons of Congressman LEWIS, who coordinated Mickey Schwerner did not die in Eu- history or we risk repeating them. the Student Non-Violence Coordinating rope; they did not die in Asia or in Af- The resolution Mr. LEWIS of Georgia Committee’s efforts to organize voter rica; they did not die in Central Amer- offers will help us remain vigilant in registration drives and community ac- ica or in the Middle East. They died defending civil rights and civil lib- tion programs during Freedom Sum- right here in America, in the American erties, and help us protect the Nation mer. south. I knew these three young men. these people died to defend. I strongly support this resolution to So, Madam Speaker, I urge all of my I urge my colleagues to strongly sup- honor the sacrifices of James Chaney, colleagues to vote for this resolution to port the resolution offered by Mr. Andrew Goodman and Michael pay tribute to these three young men LEWIS of Georgia. Schwerner, and all of the volunteers of and so many others who died in the Mr. CONYERS. Madam Speaker, I the Mississippi Freedom Summer who struggle for voting rights in America. thank the distinguished gentleman helped to pave the way of voting rights We must never forget their sacrifices, from Washington State. for all Americans. their suffering, their pain, and their I now yield 21⁄2 minutes to a former Mr. CONYERS. Madam Speaker, I am death. chairman of the Congressional Black pleased now to yield 3 minutes to the As Members of the United States Caucus, the gentlelady from Dallas, gentlelady from the District of Colum- House of Representatives, it is our Texas (Ms. EDDIE BERNICE JOHNSON). bia, ELEANOR HOLMES NORTON, a bril- duty, our mission, our mandate to Ms. EDDIE BERNICE JOHNSON of liant lawyer who argues in the Su- make sure that these three young men Texas. I thank the gentleman from preme Court frequently and is a civil did not die in vain. Michigan. rights leader in her own right. Mr. CONYERS. Madam Speaker, I’m I rise today in strong support of Ms. NORTON. This entire House has delighted now to yield 2 minutes to Dr. House Resolution 1293, a bill com- you, Mr. Chairman, to thank for a life- JAMES MCDERMOTT of Washington memorating the lives of three civil time of work in civil rights and human State, a dedicated leader for universal rights activists who were murdered rights for all people, I thank you here health coverage and a civil rights ac- outside Philadelphia, Mississippi by on the floor. tivist. We were at the United Nations the Ku Klux Klan in June of 1964. I thank my good colleague who together not too many years ago. In 1964, Mississippi had the lowest serves on the Judiciary Committee. Mr. MCDERMOTT. Madam Speaker, I percentage of registered African Amer- And I especially thank my colleague, am really very proud to rise in support ican voters in the country. Rampant JOHN LEWIS, who was chair of the Stu- of a resolution put forward by my fear and intimidation, along with lit- dent Non-Violent Coordinating Com- friend and colleague, JOHN LEWIS. This eracy tests and poll taxes, had kept mittee when I first joined. And I think is a man who has risked his own life more than 90 percent of the African I can say for JOHN and me that either fighting for civil rights, helping to Americans in Mississippi from reg- of us expected to be on the floor of this bridge a racial divide during one of istering to vote. In June of 1964, thou- House at that time. America’s worst times. sands of young people volunteered to OHN This was a time when it took real I thank you, J . I’m not surprised courage to go out in the streets and do go to Mississippi in order to register that you would come forward with this African American voters and fight edu- resolution. For me, it would be too things. JOHN walked with Martin and with John and with Bobby as they cational disparities. poignant an occasion but for the dealt with the threats of racial vio- What would come to be known as progress that I think we can say lence. There was clearly fear in every- ‘‘Freedom Summer’’ ignited backlash assures that these brutal murders, the one. Anybody who went out was fear- and violence against these volunteers murders that we came to call the ful; if they didn’t, they didn’t know and civil rights activists. Many homes ‘‘Schwerner, Chaney and Goodman what they were doing. and black churches were firebombed or murders,’’ certainly have not been in JOHN LEWIS is a towering figure who, burned down that summer, and more vain. in his own right, has left his mark in than 1,000 volunteers were arrested. In 1963, Bob Moses, a legendary figure this country. And it is fitting and prop- Among these Freedom Summer volun- of the Mississippi movement, recruited er that he should bring a resolution teers were James Chaney, Andrew me while I was in law school to go to honoring these three civil rights work- Goodman and Michael Schwerner, who Mississippi. SNCC had opened up vir- ers whose lives ended 44 years ago in went to Mississippi to investigate the tually everyplace else, but not Mis- Mississippi at the hands of the Ku Klux fire-bombing of the Mount Zion Meth- sissippi because, frankly, it was ter- Klan. odist Church. On June 21, these three rorist country. And to show you the ex- Andrew Goodman, James Chaney and men were arrested and held for several tent to which Mississippi was a dif- Michael Schwerner were killed in that hours on alleged traffic violations, but ferent place, it took the NAACP and Freedom Summer of 1964. The widow of later that evening they were taken Medgar Evers to lead the sit-ins there, one of them is now a distinguished law- from the jail and turned over to the Ku and they got beat unmercifully. And yer and a good friend in Seattle. She Klux Klan, where they were beaten, that was in Jackson. lives on in the memory of her husband. shot and killed. I came to the Mississippi Delta that Their deaths sparked a national These men gave their lives in the year for an express purpose, to prepare firestorm of anger and awareness that name of freedom and justice. The for the 1964 Freedom Summer, by con- led to the passage of the Voting Rights media coverage surrounding their ducting the prototype ‘‘freedom Act of 1965. Honoring them honors ev- deaths sparked outrage amongst Amer- school’’ to be used in 1964, when we eryone who fought for civil rights and icans, millions of them all over the knew we would be able to gather thou- those who suffered great personal sac- country. Their deaths and the activi- sands of students to come down. It was rifice during times when justice was ties of Freedom Summer helped set the the high point of student activism. neither blind nor fair in America. stage for the passage of the Voting JOHN and others went throughout the It reminds me of the injustice Amer- Rights Act of 1965. United States and students came in ica is only beginning to correct for a I would like very much to thank Con- huge numbers. We had the highest group of African American soldiers sta- gressman LEWIS for introducing this hopes. tioned in Fort Lawton in Seattle. Be- resolution, who himself has a closer ex- I was particularly working on the cause of the color of their skin, they perience than most of us in this body, 1964 Democratic Convention with my were denied equal justice and they and as a matter of fact paved the way mentor, Fannie Lou Hamer, and Larry were wrongly convicted of a crime that for many of us to be here today. Guyout, who now lives here, the co- they did not commit, were sent to pris- I thank you, Congressman LEWIS, for chairs of the Mississippi Freedom on, and were given bad conduct dis- the many sacrifices you have made. Democratic Party, and, working in- charges. And it is an honor to serve alongside deed, on the brief that would be used to

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13345 say that this delegation, rather than Do not forget what happened in 1964. dom Summer. I would like to thank my fellow the official delegation which excluded The passage of the 1964 Civil Rights Judiciary member and the gentleman from African Americans, should be recog- Act, and that act contained Title VII. Georgia, Congressman JOHN LEWIS for intro- nized by the 1964 Democratic National Something else I could never have ducing this legislation. Convention. imagined—I would one day come to en- The right to vote has held a central place in b 1515 force a major civil right’s law, the 1964 the black freedom struggle. After emanci- Civil Right’s Act as a Chair of the pation, African Americans sought the ballot as And why was there a Mississippi Equal Employment Opportunity Com- a means to in American society. During the Freedom Democratic Party? Because, mission. This was the first civil rights summer of 1964, thousands of civil rights ac- indeed, in the summer of 1964, so many legislation since the radical Repub- tivists, many of them white college students had come down to risk their lives for licans gave us our first civil rights leg- from the North, descended on Mississippi and whom that had to have been their islation after the Civil War, and look other Southern states to try to end the long- choice. Those high hopes were not ex- what happened afterwards: the 1965 time political disenfranchisement of African tinguished when our delegation did not Voting Rights Act and the 1968 Fair Americans in the region. Although blacks had get seated. Those high hopes were not Housing Act. won the right to vote in 1870, thanks to the even extinguished when these brutal Oh, no, these three young men died Fifteenth Amendment, for the next 100 years murders occurred. It took authorities for a great and noble purpose. And in many were unable to exercise that right. White weeks to find the three young men. case the national panorama doesn’t local and state officials systematically kept Those high hopes remained high and, if drive that point home, surely the fact blacks from voting through formal methods, anything, thrust the civil rights move- that Mississippi today has the largest such as poll taxes and literacy tests, and ment forward in a way it had not been number of black public officials will through cruder methods of fear and intimida- before. The SPEAKER pro tempore. The gen- help you to see that they did not die in tion, which included beatings and lynchings. tlewoman’s time has expired. vain, and surely the fact that their rel- Freedom Summer marked the climax of in- Mr. CONYERS. Madam Speaker, I atives now see the first African Amer- tensive voter-registration activities in the South yield the gentlewoman the balance of ican to secure the nomination of a that had started in 1961. Organizers chose to my time. major party for President of the United focus their efforts on Mississippi because of Ms. NORTON. How much time do we States will drive home the reality that the State’s particularly dismal voting-rights have, please, Madam Speaker? I don’t these three young men, at the dawn of record: in 1962 only 6.7 percent of African want to go over. their lives, not only did not die in vain Americans in the State were registered to The SPEAKER pro tempore. The gen- but for generations to come and, yes, vote, the lowest percentage in the country. tlewoman has 41⁄2 minutes. for this generation, have left a legacy The Freedom Summer campaign was orga- Ms. NORTON. Thank you, Madam of their own. nized by a coalition called the Mississippi Speaker. I won’t take much longer, but I thank the gentleman for yielding. Council of Federated Organizations, which this is a very special moment. Mr. CONYERS. Madam Speaker, I was led by the Congress of Racial Equality In 1963 when I went to Mississippi, I yield back the balance of my time. (CORE), and included the National Associa- first worked for the March on Wash- Mr. DANIEL E. LUNGREN of Cali- tion for the Advancement of Colored People ington under Bayard Rustin, then went fornia. Madam Speaker, I yield myself (NAACP), and the Student Nonviolent Coordi- to the Mississippi Delta. That was, I such time as I may consume. nating Committee (SNCC). must say, the most eventful summer of Once again, I rise in support of H. Freedom Summer activists faced threats my life, more eventful even than 1964. Res. 1293. and harassment throughout the campaign, not The great chief of the Mississippi David McCullough, the distinguished only from white supremacist groups, but from NAACP Medgar Evers put me on a bus. writer and historian, said, ‘‘We run the local residents and police. Freedom School Medgar Evers tried to convince me to risk of being a Nation of historic buildings and the volunteers’ homes were fre- stay in Jackson, but I said, no, that I illiterates.’’ And he was referring to quent targets; 37 black churches and 30 black had promised I was coming to the our lack of knowledge of the begin- homes and businesses were firebombed or Delta. So he put me on a bus to go to nings of this country, the lack of burned during that summer, and the cases the Delta. He then turned around, went knowledge of the Founding Fathers often went unsolved. More than 1000 black back home, and he was shot and killed and that generation. But he need not and white volunteers were arrested, and at in his driveway that same evening. look back that far. All he needs to do least 80 were beaten by white mobs or racist That was a year I shall never forget. is to look back 40 some years, as the police officers. But the fact is that the 1964 summer, gentleman from Georgia has mentioned But the summer’s most infamous act of vio- in fact, happened. The students did not to us and the gentlewoman from the lence was the murder of three young civil go home after the murders. We contin- District of Columbia and the gen- rights workers—a black volunteer, James ued to organize. The Mississippi Free- tleman from Michigan. Chaney, and his white coworkers, Andrew dom Democratic Party, with Fannie We cannot allow these real-life trage- Goodman and Michael Schwerner. On June Lou Hamer leading the way at the con- dies, events, sacrifices to be lost in the 21, Chaney, Goodman and Schwerner set out vention, was the high point of that midst of memory. We have to make to investigate a church bombing near Philadel- convention. And the country has never sure that not only do we understand phia, Mississippi, but were arrested that after- forgotten it. It democratized the Demo- them but that we understand their im- noon and held for several hours on alleged cratic Party. It democratized even the port and that we teach our children traffic violations. Their release from jail was Republican Party. And I must say that that this is part of America’s history the last time they were seen alive before their both parties then recognized that they and America is what it is today be- badly decomposed bodies were discovered had to have representative delegations. cause of the sacrifices of many great under a nearby dam six weeks later. Good- Steve Schwerner Michael’s brother men and women, these three included man and Schwerner had died from single gun- was one of my classmates in college. among them: Goodman, Chaney, and shot wounds to the chest, and Chaney from a When I have met with the families, Schwerner. savage beating. These savage attacks were what has been extraordinary about Ms. JACKSON-LEE of Texas. Madam perpetrated by the Ku Klux Klan. them is to see that they understand the Speaker, I rise today to support the com- The FBI investigation that uncovered the contributions they personally made to memoration of the 44th Anniversary of the deaths of these three brave young men, white the freedom struggle. They have no re- death of civil rights workers Andrew Goodman, and black, also led to the discovery of the grets. They understand that the loss of James Chaney and Michael Schwerner in bodies of several other African-Americans Cheney and the two youngsters from Philadelphia, Mississippi while working in the from Mississippi, whose disappearances over the north was the last thing we ex- name of American democracy to register vot- the years had not attracted much attention. pected and that that loss helped to ers and secure civil rights during the summer On December 4, 1964, 21 White Mississip- waken the country. of 1964, which would become known as Free- pians from Philadelphia, Mississippi, including

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00014 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13346 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 the sheriff and his deputy, were arrested and ‘‘(1) IN GENERAL.—In the event of a natural ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing charged with conspiring to deprive Andrew disaster or other emergency situation requir- in this section shall be construed to author- Goodman, James Chaney, and Michael ing the closure of courts or rendering it im- ize suspension of the writ of habeas corpus. practicable for the United States Govern- ‘‘(d) ISSUANCE OF ORDERS.—The Attorney Schwerner of their civil rights, because murder ment or a class of litigants to comply with General or the Attorney General’s designee was not a Federal crime. Ironically, on the deadlines imposed by any Federal or State may request issuance of an order under this very same day, December 4, 1964, Dr. Martin law or rule that applies in the courts of the section, or the chief judge of a district or of Luther King, Jr. received the Nobel Peace United States, the chief judge of a district a circuit may act on his or her own motion. Prize. court that has been affected may exercise ‘‘(e) DURATION OF ORDERS.—An order en- Later, a District Court judge dismissed the emergency authority in accordance with this tered under this section may not toll or ex- charges against the 21 Whites. After three section. tend a time deadline for a period of more years, and an appeal to the Supreme Court, ‘‘(2) SCOPE OF AUTHORITY.—(A) The chief than 14 days, except that, if the chief judge judge may enter such order or orders as may (whether of a district or of a circuit) deter- seven individuals were found guilty, but 2 of be appropriate to delay, toll, or otherwise mines that an emergency situation requires the defendants, including Edgar Ray Killen, grant relief from the time deadlines imposed additional extensions of the period during who had been implicated by witnesses, were by otherwise applicable laws or rules for which deadlines are tolled or extended, the acquitted because the jury was deadlocked on such period as may be appropriate for any chief judge may, with the consent of the ju- charges. class of cases pending or thereafter filed in dicial council of the circuit, enter additional Over twenty years later, on June 21, 2005 the district court or bankruptcy court of the orders under this section in order to further after new evidence, a jury convicted Edgar district. toll or extend such time deadline. Ray Killen on 3 counts of manslaughter. ‘‘(B) Except as provided in subparagraph ‘‘(f) NOTICE.—A court issuing an order (C), the authority conferred by this section under this section— These freedom riders made the ultimate sac- extends to all laws and rules affecting crimi- ‘‘(1) shall make all reasonable efforts to rifice for the freedom of all people, black and nal and juvenile proceedings (including, publicize the order, including announcing white. It is fitting that we recognize them and prearrest, post-arrest, pretrial, trial, and the order on the web sites of all affected pay tribute, respect, and homage to them, and post-trial procedures), civil actions, bank- courts and the web site of the Federal judici- to the legacy that they have left behind. ruptcy proceedings, and the time for filing ary; and We commemorate and acknowledge the and perfecting an appeal. ‘‘(2) shall, through the Director of the Ad- legacy of these brave Americans who partici- ‘‘(C) The authority conferred by this sec- ministrative Office of the United States pated in the civil rights movement and the role tion does not include the authority to ex- Courts, send notice of the order, including tend— the reasons for the issuance of the order, to they played in changing the hearts and minds ‘‘(i) any statute of limitation for a crimi- the Committee on the Judiciary of the Sen- of Americans. We also celebrate these Ameri- nal action; or ate and the Committee on the Judiciary of cans for their decision to create a political en- ‘‘(ii) any statute of limitation for a civil the House of Representatives. vironment necessary to pass legislation to ex- action, if— ‘‘(g) REQUIRED REPORTS.—A court issuing pand civil rights and voting rights for all Ameri- ‘‘(I) the claim arises under the laws of a one or more orders under this section relat- cans. State; and ing to an emergency situation shall, not Mr. DANIEL E. LUNGREN of Cali- ‘‘(II) extending the limitations period later than 180 days after the date on which fornia. Madam Speaker, I yield back would be inconsistent with the governing the last extension or tolling of a time period made by the order or orders ends, submit a the balance of my time. State law. ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If brief report to the Committee on the Judici- The SPEAKER pro tempore. The the chief judge of the district is unavailable, ary of the Senate, the Committee on the Ju- question is on the motion offered by the authority conferred by this section may diciary of the House of Representatives, and the gentleman from Michigan (Mr. be exercised by the district judge in regular the Judicial Conference of the United States CONYERS) that the House suspend the active service who is senior in commission describing the orders, including— rules and agree to the resolution, H. or, if no such judge is available, by the chief ‘‘(1) the reasons for issuing the orders; Res. 1293. judge of the circuit that includes the dis- ‘‘(2) the duration of the orders; The question was taken; and (two- trict. ‘‘(3) the effects of the orders on litigants; and thirds being in the affirmative) the ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing in this section shall be construed to author- ‘‘(4) the costs to the judiciary resulting rules were suspended and the resolu- ize suspension of the writ of habeas corpus. from the orders. tion was agreed to. ‘‘(b) CRIMINAL CASES.—In exercising the ‘‘(h) EXCEPTIONS.—The notice under sub- A motion to reconsider was laid on authority under subsection (a) for criminal section (f)(2) and the report under subsection the table. cases, the court shall consider the ability of (g) are not required in the case of an order the United States Government to inves- that tolls or extends a time deadline for a pe- f tigate, litigate, and process defendants dur- riod of less than 14 days.’’. RESPONSIVE GOVERNMENT ACT ing and after the emergency situation, as (b) CLERICAL AMENDMENT.—The table of OF 2008 well as the ability of criminal defendants as sections at the beginning of chapter 111 of a class to prepare their defenses. title 28, United States Code, is amended by Mr. CONYERS. Madam Speaker, I ‘‘(c) TOLLING IN COURTS OF APPEALS.— adding at the end the following new item: move to suspend the rules and pass the ‘‘(1) IN GENERAL.—In the event of a natural ‘‘1660. Emergency authority to delay or toll bill (H.R. 6344) to provide emergency disaster or other emergency situation requir- judicial deadlines.’’. authority to delay or toll judicial pro- ing the closure of courts or rendering it im- SEC. 3. WAIVER OF PATENT AND TRADEMARK RE- ceedings in United States district and practicable for the United States Govern- QUIREMENTS IN CERTAIN EMER- circuit courts, and for other purposes. ment or a class of litigants to comply with GENCIES. The Clerk read the title of the bill. deadlines imposed by any Federal or State Section 2 of title 35, United States Code, is law or rule that applies in the courts of the amended by adding at the end the following The text of the bill is as follows: United States, the chief judge of a court of new subsection: H.R. 6344 appeals that has been affected or that in- ‘‘(e) WAIVER OF REQUIREMENTS IN CERTAIN Be it enacted by the Senate and House of Rep- cludes a district court so affected may exer- EMERGENCIES.—The Director may waive stat- resentatives of the United States of America in cise emergency authority in accordance with utory provisions governing the filing, proc- Congress assembled, this section. essing, renewal, and maintenance of patents, SECTION 1. SHORT TITLE. ‘‘(2) SCOPE OF AUTHORITY.—The chief judge trademark registrations, and applications This Act may be cited as the ‘‘Responsive may enter such order or orders as may be ap- therefor to the extent the Director considers Government Act of 2008’’. propriate to delay, toll, or otherwise grant necessary in order to protect the rights and relief from the time deadlines imposed by privileges of applicants and other persons af- SEC. 2. EMERGENCY AUTHORITY TO DELAY OR otherwise applicable laws or rules for such fected by an emergency or a major disaster, TOLL JUDICIAL PROCEEDINGS. period as may be appropriate for any class of as those terms are defined in section 102 of (a) IN GENERAL.—Chapter 111 of title 28, cases pending in the court of appeals. the Robert T. Stafford Disaster Relief and United States Code, is amended by adding at ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If Emergency Assistance Act (42 U.S.C. 5122). A the end the following: the chief judge of the circuit is unavailable, decision not to exercise, or a failure to exer- ‘‘§ 1660. Emergency authority to delay or toll the authority conferred by this section may cise, the waiver authority provided by this judicial deadlines be exercised by the circuit judge in regular subsection shall not be subject to judicial re- ‘‘(a) TOLLING IN DISTRICT COURTS.— active service who is senior in commission. view.’’.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13347 SEC. 4. AUTHORITY OF DIRECTOR OF PTO TO AC- petition under section 156(i)(1) of title 35, Section 4 of the bill also involves a grant of CEPT LATE FILINGS. United States Code, pursuant to which the authority to the Director of the Patent and (a) AUTHORITY.—Section 156 of title 35, Director provided the notice. Trademark Office to excuse specific late fil- United States Code, is amended by adding at (5) PAYMENT OF FEE.—The extension of a the end the following new subsection: patent term of which notice is provided ings—this time, in connection with uninten- ‘‘(i) DISCRETION TO ACCEPT LATE FILINGS IN under paragraph (3) shall not become effec- tional human error. CERTAIN CASES OF UNINTENTIONAL DELAY.— tive unless the patent holder pays the fee re- Section 4 would provide the USPTO with ‘‘(1) IN GENERAL.—The Director may accept quired under paragraph (2) not later than 60 the authority to accept an application for pat- an application under this section that is filed days after the date on which the notice is ent term restoration under the Hatch-Waxman not later than three business days after the provided. expiration of the 60-day period provided in Act if that application is filed within 3 business (6) FEE PAYMENT NOT AVAILABLE FOR OBLI- subsection (d)(1) if the applicant files a peti- days of the existing 60-day deadline. GATION.—Fees received under this subsection tion, not later than five business days after This small but important change simply are not available for obligation. the expiration of that 60-day period, show- gives the USPTO discretion to accept a late (7) DIRECTOR DEFINED.—Except as other- ing, to the satisfaction of the Director, that wise provided, in this subsection, the term application, within a limited time period, under the delay in filing the application was unin- ‘‘Director’’ means the Under Secretary of specific conditions. This change is both good tentional. Commerce for Intellectual Property and Di- patent policy and good for public health. ‘‘(2) TREATMENT OF DIRECTOR’S ACTIONS ON rector of the United States Patent and Under current law, the 60-day deadline is PETITION.—If the Director has not made a de- termination on a petition filed under para- Trademark Office. absolutely rigid, and the consequences of that (c) APPLICABILITY.— graph (1) within 60 days after the date on rigidity can be draconian and harshly dis- (1) IN GENERAL.—This section and the which the petition is filed, the petition shall proportionate. amendments made by this section shall be deemed to be denied. A decision by the Di- apply to any application— Up to 5 years of patent protection can be rector to exercise or not to exercise, or a (A) that is made on or after the date of the destroyed on account of a minor, inadvertent failure to exercise, the discretion provided enactment of this Act; or filing error of as little as 1 day. by this subsection shall not be subject to ju- (B) that, on such date of enactment, is This penalty is not merely disproportionate dicial review.’’ (b) FEE FOR LATE FILINGS.— pending before the Director or as to which a and excessive, it is also out of sync with most (1) IN GENERAL.—In order to effect a patent decision of the Director is eligible for judi- other patent laws and regulations, which typi- term extension under section 156(i) of title cial review. cally give the USPTO Director the authority to 35, United States Code, the patent holder (2) TREATMENT OF CERTAIN APPLICATIONS.— excuse minor errors. shall pay a fee to the United States Treasury In the case of any application described in For instance, currently, if an applicant files in the amount prescribed under paragraph paragraph (1)(B), the 5-day period prescribed in section 156(i)(1) of title 35, United States an incomplete Hatch-Waxman application, the (2). USPTO can grant up to 2 extra months to cor- (2) FEE AMOUNT.— Code, as added by subsection (a) of this sec- (A) FEE AMOUNT.—The patent holder shall tion, shall be deemed to begin on the date of rect the application. pay a fee equal to— the enactment of this Act. H.R. 6344 would eliminate this dichotomy, (i) $65,000,000 with respect to any original The SPEAKER pro tempore. Pursu- bringing the deadline provision of Hatch-Wax- application for a patent term extension, filed ant to the rule, the gentleman from man into greater harmony with other relevant with the United States Patent and Trade- Michigan (Mr. CONYERS) and the gen- patent laws and regulations. mark Office before the date of the enactment tleman from California (Mr. DANIEL E. Moreover, H.R. 6344 would save lives. The of this Act, for a drug intended for use in hu- LUNGREN) each will control 20 minutes. reality is that the unnecessary forfeit of years mans that is in the anticoagulant class of drugs; or The Chair recognizes the gentleman of patent rights for drugs can have an ex- (ii) the amount estimated under subpara- from Michigan. tremely damaging effect on patients. graph (B) with respect to any other original GENERAL LEAVE When the existing rigid deadline operates to application for a patent term extension. Mr. CONYERS. Madam Speaker, I strip away up to 5 years of patent protection, (B) CALCULATION OF ALTERNATE AMOUNT.— ask unanimous consent that all Mem- it significantly reduces the likelihood of the re- The Director shall estimate the amount re- bers have 5 legislative days to revise search and innovation that a full patent term ferred to in subparagraph (A)(ii) as the and extend their remarks and include would encourage. amount equal to the sum of— extraneous material. This is not just a theoretical problem. A (i) any net increase in direct spending aris- The SPEAKER pro tempore. Is there ing from the extension of the patent term small U.S. maker of Angiomax, a blood thin- objection to the request of the gen- 1 (including direct spending of the United ner, stands to lose 4 ⁄2 years of patent protec- States Patent and Trademark Office and any tleman from Michigan? tion as a result of inadvertently filing its Hatch- other department or agency of the Federal There was no objection. Waxman application for patent term restora- Government); Mr. CONYERS. Madam Speaker, I tion 1 day late. (ii) any net decrease in revenues arising yield myself such time as I may con- Angiomax is considered the best alternative from such patent term extension; and sume. to heparin in coronary angioplasties, and (iii) any indirect reduction in revenues as- Madam Speaker, I rise in support of H.R. shows great promise with respect to open sociated with payment of the fee under this 6344, the Responsive Government Act of heart surgery and the treatment of stroke and subsection. 2008, bipartisan legislation with strong support peripheral artery disease. The Director, in estimating the amount on both s des of the aisle. Public health and safety pushes us to pro- under this subparagraph, shall consult with The bill consists of three major components, the Director of the Office of Management each of which has, in substance, previously mote effective substitutes for heparin, such as and Budget, the Secretary of the Treasury, passed the House on the suspension cal- Angiomax. and either the Secretary of Health and endar. Earlier this year, contamination problems in Human Services or (in the case of a drug Chinese manufacturing plants, where heparin product subject to the Act commonly re- Section 2 of the bill takes into account the practical realities of a natural disaster or other is made from pig intestines led to 81 patient ferred to as the ‘‘Virus-Serum-Toxin Act’’; 21 deaths. U.S.C. 151-158) the Secretary of Agriculture. emergency situation where compliance with fil- Even apart from problems of contamination, (3) NOTICE OF FEE.—The Director shall in- ing deadlines or other court rules would be im- form the patent holder of the fee determined practicable, dangerous, or simply impossible. thousands of people die every year from ad- under paragraph (2) at the time the Director In emergency situations, such as those verse reactions to heparin. provides notice to the patent holder of the which occurred during, and in the aftermath of, At this moment, when the serious short- period of extension of the patent term that Hurricane Katrina, this section of the bill would comings of heparin have come into bold relief, the patent holder may effect under this sub- provide the Chief Judge of the affected District we have rightfully turned our attention to ad- section. Court or Court of Appeals with the authority to justing a flawed patent provision in a manner (4) ACCEPTANCE REQUIRED.—Unless, within that can improve and even save the lives of 15 days after the Director provides notice to excuse a failure of litigants or the U.S. Gov- the patent holder under paragraph (3), the ernment to comply with filing deadlines. large numbers of sick patients for years to patent holder accepts the patent term exten- Section 3 grants similar authority to the Pat- come in this and other instances. sion in writing to the Director, the patent ent and Trademark Office to excuse failures to Taken together, the three components of term extension is rescinded and no fees shall comply with filing deadlines caused by a nat- this bill—the discretion provided in cases of be due under this subsection by reason of the ural disaster or other emergency. emergency and the discretion provided in the

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00016 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13348 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 case of unintentional human error—are all with the discretion to excuse minor fil- tacks of September 11, 2001, and the im- sound public policy, and have justifiably at- ing errors, discretion it already has in pact that these disasters had on court tracted bipartisan backing. most circumstances. As the PTO has operations, in particular in New York This bill is not inconsistent with, nor does it testified to Congress in the past, it City. detract from, other legal authorities. would bring this provision of law in In emergency conditions, a Federal I urge my colleagues to support this impor- line with over 30 other patent laws and court facility in an adjoining district tant legislation. regulations. It would prevent the inap- or circuit might be more readily and Madam Speaker, I am pleased now to propriate sacrifice of valuable earned safely available to court personnel, to yield such time as he may consume to patent rights. More importantly, this litigants, to jurors, and the public, the author of this measure, the gen- adjustment would promote important than a facility at a place of holding tleman from Massachusetts (Mr. clinical research that can benefit the court within the district. This is par- DELAHUNT), who has worked tirelessly lives of seriously ill patients. This pro- ticularly true in major metropolitan to make sure that this measure arrives vision has the support of leading med- areas, such as New York, Washington, on the floor for consideration today. ical researchers and practitioners DC, Dallas, and Kansas City, where the Mr. DELAHUNT. Thank you, Mr. across the Nation. metropolitan areas include part of Chairman, for yielding the time. It addresses a particular section of more than one judicial district. Madam Speaker, I rise in strong sup- the Hatch-Waxman Act that provides a This reform is also needed to address port of H.R. 6344. patent holder with up to 5 years of re- natural disasters. The impact of Hurri- This is an extremely important bi- stored patent protection for time lost cane Katrina on the Federal courts in partisan measure that combines sound while awaiting FDA approval. This Louisiana, Alabama, and Mississippi judicial policy with rational patent law extra time is critical because for many once again demonstrated the impor- and good public health policy. The bill highly innovative medicines, as re- tance of congressional action on this is aptly named Responsive Government search continues even after the drugs proposal. Act because through its provisions, have been approved and released to Where court operations cannot be Congress provides the judicial and ex- market for a particular use. Many of transferred to other divisions within ecutive branches with commonsense these medicines have additional, poten- the affected judicial district due to flexibility to ease certain administra- tially lifesaving uses that would not be widespread flooding or other destruc- tive requirements which would other- discovered without further research, tion, judges must be empowered to wise result in undue hardship for dili- which is made possible by the years of shift court proceedings temporarily gent and well-intentioned individuals patent protection beyond the drug’s into a neighboring judicial district. and entities. initial release. The advent of electronic court record The House has previously passed this I note the presence here of our friend systems will facilitate implementation proposal in either identical or similar the delegate from the Virgin Islands, of this authority by providing judges, language, and I should note under a who I am sure will speak to this meas- court staff, and attorneys with remote suspension of the rules; however, the ure, but I would commend to all of our access to case documents. other body has failed to act in a timely colleagues a review of her commentary Secondly, the bill allows the PTO di- manner, but I understand now the that appeared some time ago describ- rector to waive various patent and other body is prepared to proceed expe- ing one drug in particular and what it trademark filing requirements during ditiously. means for medical research and for emergencies. This text is identical to Let me describe the measure. practicing physicians such as herself. that of H.R. 4742 from the 109th Con- Sections 2 and 3 provide the Federal By removing the unnecessary bar- gress, passed on December 5, 2006, by courts and the Director of the Patent riers to medical research, section 4 of voice vote under suspension of the and Trademark Office, respectively, this act will promote research into rules. with needed emergency authority to modern, safer, and more effective medi- The devastation caused by Hurricane toll or delay judicial proceedings or cines, saving lives and reducing bur- Katrina in the gulf region affected the statutory deadlines in the event of a dening costs to our health care system. ability of applicants, patentees, trade- natural disaster or other emergency mark holders, and other interested par- situation which makes it impractical b 1530 ties to do business with the Patent and for parties, including the United In closing, I want to commend Chair- Trademark Office. Despite its best ef- States, to comply with certain filing man CONYERS, Ranking Member LAMAR forts to date, the PTO needs additional conditions or, to the extent deemed SMITH, and our distinguished Chair of authority to provide individuals and necessary, to protect the rights and the Intellectual Property Sub- businesses with relief from certain privileges of people affected by certain committee, Mr. BERMAN, for their out- statutory deadlines, especially those emergencies or a major disaster. standing work in preparing the Respon- pertaining to the maintenance of pat- We recently all too often have ob- sive Government Act of 2008, and urge ents and trademarks. served how the ravages of natural dis- that my colleagues approve this helpful Pursuant to the bill, the PTO may asters disrupt the lives of our fellow and necessary measure. waive statutory provisions governing citizens, which can impede the ability Mr. DANIEL E. LUNGREN of Cali- the filing, processing, renewal, and to comply with strict statutory dead- fornia. I yield myself such time as I maintenance of patents, trademarks, lines. Thus the Responsive Government may consume. and applications to the extent the di- Act provides critical flexibility to the I rise in support of H.R. 6344, the Re- rector deems necessary to protect the courts and the PTO to help ameliorate sponsive Government Act of 2008, and rights and privileges of applicants and the practical difficulties caused by urge my colleagues to adopt it today. other persons affected by an emergency these emergency situations. There are three major components to or major disaster. Finally, section 4 provides the PTO the bill. First, the legislation author- Third, the bill grants the PTO direc- Director with the discretion to accept izes Federal courts to toll or otherwise tor discretionary authority to accept a an application for a patent term exten- delay deadlines outside of their statu- late-filed application for patent term sion filed not later than 3 days after torily defined geographic domains dur- extension in certain cases if the appli- the expiration of the 60-day period in ing times of emergency. The text is cation is filed not later than 3 business title XXXV of the U.S. Code, provided identical to that of H.R. 3729 from the days after statutory deadline and the the Director determines that the delay 109th Congress, passed on July 17, 2006, applicant files a petition within 5 busi- in filing the application was uninten- by a voice vote under suspension of the ness days of the deadline that shows tional. rules. that the delay was unintentional. This provision corrects an anomaly The need for this legislation became This provision is similar to legisla- in the patent law and provides the PTO apparent following the terrorist at- tion, H.R. 5120, which passed the House

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13349 by voice vote under suspension of the prices. There’s only one thing standing those leases. I have not heard anybody rules as part of S. 1785, the Vessel Hull in the way of this Congress. If we are to on this floor accuse the oil companies Design Protection Amendments of 2005. be truly responsive, in addition to this of paying for something for nothing. That passed on December 6, 2006. fine bill that we are voting on today, They pay for those leases. There is a Madam Speaker, this is a good bill. It ought we not also respond to the most limit on the time that they can have helps Federal litigants, inventors, immediate concern of Americans in those leases when they do not produce trademark holders, and other inter- every State, in every congressional dis- them. ested parties to maintain their rights trict, and do something about the sup- So, in all cases, they have made judg- under adverse conditions. I urge Mem- ply of American-made energy and ments as to whether or not the leases bers to support the bill, but I am in- lower gas prices. they have are yielding leases, and in trigued by the name of the bill, the Re- The response is not, as my friend on many cases, 52 percent, they have tried sponsive Government Act of 2008. One the other side said, all we need to do is to find oil, and they haven’t found it. would think that this government sue a little bit more. If we can have a So I thank the gentleman for yield- could be responsive to the tremendous few more people and a few more courts, ing. I appreciate his courtesy. problem we have with high energy and sue, that will somehow solve the Mr. DELAHUNT. Would the chair- costs in this country, not just gas problem. No. The answer is increase man yield? prices, but home heating oil, the cost the supply of American-made energy Mr. CONYERS. You know, we had a of electricity, natural gas. and lower gas prices right now. That is hearing on this subject. The oil execs So with just one week left before the what the American people are asking of the five companies came before us. July 4 break, we would hope that the for. In the other body, three of them told Democrat majority would be willing to So as I rise in support of the Respon- us how much they made. As you know, bring a bill to the floor, something sive Government Act of 2008, I would they make the top profits of any execu- that is meaningful to provide some so- hope we would have another Respon- tives in business, short of the pharma- lutions to increase the supply of Amer- sive Government Act, one that will be ceuticals, of course. I don’t want to ican-made energy and lower gas prices. responsive to the concerns expressed by short them. We found out that two of Perhaps next time we won’t leave town the American people. them couldn’t even remember how if the price of gasoline is $5 a gallon. With that, I would yield back the bal- much they made. The way it’s going, that may be the ance of my time. Look; salaries, options, stock, bonus. case. We shouldn’t wait for that. We Mr. CONYERS. Madam Speaker, I Who knows what else. I hope my dear should act now. yield myself such time as I may con- friend from California will join me on So we should have another Respon- sume. the letter that I am sending to the two, sive Government Act of 2008, one that We are in a spirit of bipartisanship referring them to look up their ac- responds to the needs and concerns of and we are reaching out. Let’s not na- countant, because I know they paid the American people. Americans are tionalize the oil companies. We agreed their taxes on April 15, and just give us paying, all Americans are paying, on on that. Let’s go from shale to coal and a ballpark figure of how much they average, about $1.74 more for a gallon let’s go into all the alternatives. We made. If the gentleman will join me in of regular unleaded gasoline than they are all for that. No suing. Drill, drill, this consideration, I’d be very grateful. were on the day that the Democrats drill. No sue, no sue, no sue. I yield to the gentleman from Massa- took over this House, promising a new, Now we are getting down to the 41 chusetts. commonsense approach to energy that million acres of leased oil, and he knew Mr. DELAHUNT. I thank the Chair. would not only stop increases, but I was going to bring that up, that have It’s seldom that my dear friend from bring it down. Unfortunately, just the been unused, and I don’t know how to California errs, but I would point out reverse has been the case. make those oil companies drill and find that the 41 million acres that the Chair Perhaps we could work together out if there’s anything there or not. of the committee alluded to is actually somehow, agreeing that America has Maybe they don’t want to know. Maybe 41 million acres under water. According never been afraid of the future. Amer- they do want to know but they don’t to the latest statistics, that represents ica has always embraced the future and have the machinery or equipment. some 80 percent of the proven reserves America has used technology here in Mr. DANIEL E. LUNGREN of Cali- that are available in terms of offshore the United States to surmount obsta- fornia. Would the gentleman yield? waters. cles. It seems strange that we would Mr. CONYERS. Maybe there’s a tech- So I don’t know where the gentleman have American technology now being nological problem that is beyond the gets his statistics, but I would think used in waters off of Brazil to explore understanding of we mere mortals on after we pass this Responsive Govern- where they have just found the largest Judiciary. ment Act, that we could sit down and single oil find in the last 25 years. Mr. DANIEL E. LUNGREN of Cali- work out some legislation that would There are some that suggest that fornia. Would the gentleman yield, as I rescind those leases that are currently Brazil will now be energy-independent. yielded to him? being banked by leaseholders and the They won’t even have to use the eth- Mr. CONYERS. Yes. The gentlemen consequences of which are reducing the anol they produce from their sugar be- yielded to me, so I will yield to him. supply of oil and gas so that as the de- cause of this find. If the Congress of Mr. DANIEL E. LUNGREN of Cali- mand increases, naturally the price ex- the United States had controlled fornia. I thank the chairman. plodes. Brazil, they wouldn’t have been able to In response to the question, I am sure We cannot afford to have given away find it, because it’s offshore. the gentleman may be aware of the our natural resources to major oil com- Last week, I remind my colleagues, fact that 52 percent of the exploratory panies and have them sit on it and do the Democrat leadership had time to wells that were drilled by American absolutely nothing, because the gen- schedule legislation to prohibit the companies in America over the last 5 tleman is right, and he well knows it, interstate sale and transfer of mon- years were dry wells. So, in some cases, that the American people are hurting. keys, but they apparently didn’t have they have taken leases on land off- enough time to listen to the large ma- shore, and that has proven not to be a b 1545 jority of Americans who support more successful well. There is legislation I know that the U.S. energy production. The problem is that those that have dean of the Massachusetts delegation, The new Fox News poll shows that 76 the greatest prospect for yielding real Congressman MARKEY, has either filed percent of Americans support imme- petroleum and natural gas have been or is preparing to file, and I am sure diate efforts to drill more in the United prohibited by this Congress. As the that he would welcome my good friend States in order to boost American en- gentleman may know, they pay for the former Attorney General of Cali- ergy production and help lower record those leases. They continue to pay for fornia to be an original cosponsor.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13350 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 Mr. CONYERS. Madam Speaker, I gulf coast as far as 100 miles from the storm’s the gentleman from Michigan (Mr. yield such time as she may consume to epicenter. CONYERS) that the House suspend the the gentlewoman from the Virgin Is- The images of the detriment and devasta- rules and pass the bill, H.R. 6344. lands (Mrs. CHRISTENSEN), a leader in tion remain deeply etched in my mind and The question was taken; and (two- universal health care activities. much of the remnants of the tragedy still re- thirds being in the affirmative) the Mrs. CHRISTENSEN. Madam Speak- main in those communities today. The storm rules were suspended and the bill was er, I thank Chairman CONYERS for surge caused severe and catastrophic dam- passed. yielding, and I rise in support of H.R. age along the gulf coast, devastating the cities A motion to reconsider was laid on 6344, the Responsive Government Act of Bay St. Louis, Waveland, Biloxi/Gulfport in the table. of 2008. Mississippi, Mobile, Alabama, and Slidell, Lou- f Before I speak to that bill, I also isiana and other towns in Louisiana. Levees PRE-DISASTER MITIGATION ACT want to register my support for the separating Lake Pontchartrain and several ca- OF 2008 previous bill, H. Res. 1293, which honors nals from New Orleans were breached a few the memory of the three brave young days after Hurricane Katrina had subsided, Ms. NORTON. Madam Speaker, I men, Andrew Goodman, James Chaney subsequently flooding 80 percent of the city move to suspend the rules and pass the and Michael Schwerner, who gave their and many areas of neighboring parishes for bill (H.R. 6109) to amend the Robert T. lives to ensure that the right to vote weeks. In addition, severe wind damage was Stafford Disaster Relief and Emer- would be guaranteed to every Amer- reported well inland. gency Assistance Act to reauthorize ican. We thank them and their families This commonsense bill recognizes that the pre-disaster hazard mitigation pro- for their service and their sacrifice. deadlines in judicial proceeding need to be re- gram, and for other purposes, as Among its provisions, the Responsive laxed when there are natural disasters and amended. Government Act of 2008 will make a emergencies. I support the bill. The Clerk read the title of the bill. minor but important amendment to Specifically, the bill provides federal courts The text of the bill is as follows: the landmark Hatch-Waxman Act pat- with needed emergency authority to toll or H.R. 6109 ent act of 1984. This act of 1984 has done delay judicial proceedings in the event of a Be it enacted by the Senate and House of Rep- much to make medicine available and natural disaster or other emergency situation resentatives of the United States of America in more affordable for countless people in in which courts are closed, making it impracti- Congress assembled, this country. Inadvertently though, in cable for parties, including the United States, SECTION 1. SHORT TITLE. patent term restoration, there is an in- to comply with certain filing deadlines. This Act may be cited as the ‘‘Pre-Disaster Mitigation Act of 2008’’. flexible deadline provision which has Section 3 of the bill provides authority to the SEC. 2. PRE-DISASTER HAZARD MITIGATION. the potential to limit the good that the Director of the Patent and Trademark office to (a) ALLOCATION OF FUNDS.—Section 203(f) of act can do. waive statutory provisions governing patents, the Robert T. Stafford Disaster Relief and Within H.R. 6344 is a provision which trademark registrations and applications to the Emergency Assistance Act (42 U.S.C. 5133(f)) will grant discretion to the Patent and extent the Director deems necessary to pro- is amended to read as follows: Trademark Office to excuse minor fil- tect the rights and privileges of people af- ‘‘(f) ALLOCATION OF FUNDS.— ing errors as is the case with other pat- fected by certain emergencies or a major dis- ‘‘(1) BASE AMOUNT.—The amount of finan- ents. This will ensure that needed aster. cial assistance made available to a State (in- medication that treats sometimes life- The Responsive Government Act provides cluding amounts made available to local threatening illnesses, like Angiomax governments of the State) under this section essential flexibility to the courts and the PTO for a fiscal year— and others, will be more readily avail- to help ameliorate the practical difficulties ‘‘(A) shall be not less than the lesser of— able, while continuing to ensure pa- caused by these emergency situations. ‘‘(i) $575,000; or tient protections. Finally, Section 4 provides the Director of ‘‘(ii) the amount that is equal to 1.0 per- This is an issue I have worked on as the Patent and Trademark Office with the dis- cent of the total funds appropriated to carry Chair of the Health Braintrust of the cretion to accept an application for a patent out this section for the fiscal year; and Congressional Black Caucus, and I am term extension filed not later than three days ‘‘(B) shall be subject to the criteria speci- glad that it is on the floor for passage after the expiration of the 60-day period in fied in subsection (g). today. I applaud my colleague from ‘‘(2) COMPETITIVE PROGRAM.—Other than Title 35 U.S.C. 156, provided the Director de- the amounts described in paragraph (1), fi- Massachusetts, Mr. DELAHUNT, for his termines that the delay in filing the application nancial assistance made available to a State work on this bill, and the Chair and was unintentional. (including amounts made available to local ranking member of the committee for This provision, which corrects an anomaly in governments of the State) under this section their leadership, and I urge my col- the patent law, will provide needed flexibility to shall be awarded on a competitive basis sub- leagues to pass H.R. 6344. the PTO to excuse minor filing errors and will ject to the criteria in subsection (g). Ms. JACKSON-LEE of Texas. Madam promote important clinical research that can ‘‘(3) MAXIMUM AMOUNT.—The amount of fi- Speaker, I rise today in support of H.R. 6344 benefit the lives of seriously ill patients. This nancial assistance made available to a State the ‘‘Responsive Government Act of 2008. provision has the support of leading medical (including amounts made available to local governments of the State) for a fiscal year This bill is important because it liberalizes the practitioners across the Nation. shall not exceed 15 percent of the total technical filing requirements in judicial pro- This bill is common sense. It relaxes the amount of funds appropriated to carry out ceedings in the event of a disaster or other technical filing requirements during times of this section for the fiscal year.’’. emergency situation. The bill provides flexi- disaster or emergency. Given the disaster and (b) AUTHORIZATION OF APPROPRIATIONS.— bility in both criminal and civil matters, includ- tough times that we have faced within the last Section 203(m) of such Act (42 U.S.C. 5133(m)) ing patents. I urge my colleagues to support 8 years, with disasters such as Hurricanes is amended to read as follows: this bill. Rita and Katrina, and the tragic events of 9/ ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.— Hurricane Katrina was the costliest and one There is authorized to be appropriated to 11, Congress needs to have a sensible re- carry out this section $250,000,000 for each of of the deadliest hurricanes in the history of the sponse to these events. Litigants and pat- fiscal years 2009, 2010, and 2011.’’. United States. It was the sixth-strongest Atlan- entees should not be penalized because of (c) REFERENCES.—Section 203 of such Act tic hurricane ever recorded and the third- force majeur and other events beyond their (42 U.S.C. 5133) is amended— strongest hurricane on record that made land- control. (1) in the section heading by striking fall in the United States. Katrina formed on Because this bill is sensible, responsible ‘‘PREDISASTER’’ and inserting ‘‘PRE-DIS- August 23 during the 2005 Atlantic hurricane legislation, I urge my colleagues to support ASTER’’; season and caused devastation along much of this bill. (2) in the subsection heading for subsection Mr. CONYERS. Madam Speaker, I (i) by striking ‘‘PREDISASTER’’ and insert- the north-central gulf coast of the United ing ‘‘PRE-DISASTER’’; States. Most notable in media coverage were yield back any time we have remain- (3) by striking ‘‘Predisaster’’ each place it the catastrophic effects on the city of New Or- ing. appears and inserting ‘‘Pre-Disaster’’; and leans, Louisiana, and in coastal Mississippi. The SPEAKER pro tempore. The (4) by striking ‘‘predisaster’’ each place it Due to its sheer size, Katrina devastated the question is on the motion offered by appears and inserting ‘‘pre-disaster’’.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13351 The SPEAKER pro tempore. Pursu- for each $1 spent on these projects, in- home elevations, buyouts, improved ant to the rule, the gentlewoman from cluding both Federal and non-Federal shelters and warning systems. the District of Columbia (Ms. NORTON) spending. In 2005, the National Institute of and the gentlewoman from Virginia Madam Speaker, this is not a pro- Building Sciences issued a study that (Mrs. DRAKE) each will control 20 min- gram which we have lightly authorized. conclusively demonstrated Federal utes. We learned some lessons from Katrina. mitigation programs saved the Federal The Chair recognizes the gentle- We have learned lessons, I believe, Government money. Specifically, the woman from the District of Columbia. Madam Speaker, this week when entire study found that for every dollar spent GENERAL LEAVE sections of our country are being rav- on mitigation, the American taxpayer Ms. NORTON. Madam Speaker, I ask aged by flooding. saves over $3 in Federal disaster pay- unanimous consent that all Members This amount of money we do not pre- ments. may have 5 legislative days within tend will allow pre-disaster programs Mitigation projects also are intended which to revise and extend their re- to be undertaken for every event that to save lives, and this year’s record marks and to include extraneous mate- can be expected. What it does do is to tornado season underscores the impor- rial on H.R. 6109. draw to the attention of local and tance of lifesaving warning sirens. The SPEAKER pro tempore. Is there State governments to what they and Given the tremendous destructive objection to the request of the gentle- what we should be doing to reduce our power of tornadoes, you can’t mitigate woman from the District of Columbia? own liability from particularly these against property damage, but you can There was no objection. natural disasters. mitigate the loss of life with a warning Ms. NORTON. Madam Speaker, I Whenever a disaster occurs, Madam system. I particularly want to thank yield myself such time as I may con- Speaker, this Congress will do what it Chairwoman NORTON for including re- sume. must do. It will step up and do what we port language clarifying that Congress Madam Speaker, I rise and ask the are doing in Louisiana. We do not pre- intended tornado warning sirens to be House to support H.R. 6109, as amend- tend that the worst disaster in re- funded in this program. ed, the Pre-Disaster Mitigation Act of corded United States history could At this point I would like to read a 2008. I want to especially thank Chair- have somehow been even perhaps miti- paragraph from the committee report man OBERSTAR and Ranking Member gated by these funds, but we do believe on this subject: MICA, and my own subcommittee rank- that Katrina tells the story that every ‘‘The Committee notes the clear pur- ing member, Congressman GRAVES, for bit of mitigation you do, $3 for every $1 pose of the Pre-Disaster Mitigation their very strong, bipartisan support of invested, says CBO, saves, first of all, program to reduce injuries, loss of life, this essential bill. lives, and then, of course, saves the in- and damage to property from natural H.R. 6109, the Pre-Disaster Mitiga- vestment that we ourselves will be re- disasters and the program’s broad stat- tion Act of 2008, reauthorizes the Pre- quired to make, and as Americans, we utory authority to provide Federal as- Disaster Mitigation program for 3 can say will make, in the event of a sistance for projects, such as tornado years. The bill authorizes grants to disaster. warning sirens, which serve this pur- States awarded on a competitive basis, We all owe it to the country and to pose. Given the sudden nature and ex- except that each State, and this is im- our local jurisdictions to use this treme destructive power of tornadoes, portant, each State receives a statu- money strategically and wisely so that the Committee believes warning sirens tory minimum of $557,000 or 1 percent it has the greatest effect, given the are a cost-effective measure for miti- of the funds appropriated, whichever is amount available. gating injuries and loss of life from tor- less. In this way, the bill increases the I reserve the balance of my time. nadoes. The Committee believes that minimum amount that each State can Mrs. DRAKE. Madam Speaker, I Section 203 of the Stafford Act clearly receive under the program from $500,000 yield myself such time as I may con- authorizes mitigation assistance for to $575,000 and codifies the competitive sume. tornado warning sirens.’’ selection process of the program, as Madam Speaker, I rise in support of I believe this language makes it per- currently administered by FEMA. The H.R. 6109, which reauthorizes the suc- fectly clear that Congress intended tor- bill authorizes $250 million for each of cessful Pre-Disaster Mitigation pro- nado warning sirens to be an eligible fiscal years 2009 through 2011 for the gram for the next 3 years. The Pre-Dis- project under the Pre-Disaster Mitiga- Pre-Disaster Mitigation program. aster Mitigation program was origi- tion program and Congress expects the The PDM program was first author- nally authorized by the Disaster Miti- Federal Emergency Management Agen- ized in the Disaster Mitigation Act of gation Act of 2000 as a pilot program to cy to administer the program accord- 2000. The program, administered by study the effectiveness of mitigation ingly. FEMA through its Mitigation Division, grants given to communities before In conclusion, mitigation works. It is authorized under section 203 of the disaster strikes. Prior to the creation saves lives, limits future damage, and Robert T. Stafford Disaster Relief and of the Pre-Disaster Mitigation pro- reduces Federal disaster costs. The Emergency Assistance Act, which we gram, hazard mitigation primarily oc- Pre-Disaster Mitigation program is a call the Stafford Act, of course. Pursu- curred after a disaster through FEMA’s worthy program, and I look forward to ant to section 203(m) of the Stafford Hazard Mitigation Grant Program. working with Chairwoman NORTON to Act, the PDM program terminates on Every disaster costs us in damage to reauthorize it this year. September 30 of this year unless Con- homes, businesses and infrastructure, I urge my colleagues to support the gress reauthorizes the program. and potentially in the loss of lives. bill. This program provides cost-effective The Pre-Disaster Mitigation program I yield back the balance of my time. technical and financial assistance to prevents damage and destruction by State and local governments, which on helping communities to act proactively b 1600 the basis of a study of the effects of through projects that reduce the cost Ms. NORTON. Madam Speaker, it is a this quite new program, we now know and limit the adverse impacts of future special pleasure and honor to introduce reduces injuries, loss of life and dam- disasters. the Chair of the full committee whose age to property caused by natural dis- With FEMA’s assistance, local gov- knowledge and work long before this asters. It provides grants to the States, ernments identify cost-effective miti- bill finally came forward in the form of territories, tribal governments and gation projects, which are awarded on an actual bill has been seminal to the local communities on a competitive a competitive basis. Since its incep- act before us today, the chairman of basis. tion, mitigation programs have helped the full committee, the gentleman According to the CBO, on average fu- local communities save lives and re- from Minnesota (Mr. OBERSTAR). ture losses are reduced by about $3 duce property damage through a wide Mr. OBERSTAR. I thank the gentle- measured in discounted present value range of mitigation projects, such as woman for yielding. And I want to

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13352 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 compliment Chairwoman Norton for we have to be prepared. FEMA is in the fire. The homes that had the sprinkler the splendid work she has done Department of Homeland Security and systems, the buildings that were pro- chairing the subcommittee, holding has to be part of protecting against the tected with the sprinkler systems were hours of hearings on the Pre-Disaster security threat to the United States. unscathed. Those that weren’t, 147 of Mitigation program and on various as- We don’t know when it will come. We them, burned. pects of FEMA’s programs that have know that we have to be prepared. But Pre-Disaster Mitigation saves lives, unfolded in the aftermath of Hurricane we do know that every year, said saves property, saves costs. It is a Katrina. She has rendered enormous Chairman Young, there are going to be sound investment in the future. We service to the country, to the people of hurricanes, there is going to be a flood, have authorized in this legislation the flood prone, disaster prone areas of the there is going to be whiteouts, there is program for an additional 3 years at country through these hearings and going to be an earthquake, and we need $250 million each for fiscal 2009 through done a superb job. And to Mr. GRAVES, to continue this program. So with bi- 2011. The chair of the subcommittee, the ranking member of the sub- partisan support, we have extended the the gentlewoman from the District of committee, and Mr. MICA who has fully program. Columbia (Ms. NORTON) has outlined all participated in the shaping of this leg- In the aftermath, one of the best ex- of the specifics of the bill; I need not go islation. It is truly a bipartisan initia- amples was the town of Valmeyer, Illi- into them. tive, but one that goes back a very nois, devastated in the 1993 Mississippi I simply speak to reinforce the spe- long time. River flood. For $45 million in Federal, cific examples the benefits of the Pre- It was in 1988, then the Committee on State, and local funding and Pre-Dis- Disaster Mitigation program. It is a Public Works and Transportation au- aster Mitigation, the town was simply sound investment in the future of this thorized FEMA’s Hazard Mitigation relocated to bluffs 400 feet above the country for all of us as we are sub- Program. We thought then this was a site of the former town. This year, as jected to increasing amounts of dis- very important initiative to provide the Mississippi overflowed its banks in aster from natural causes. grants to communities so that they many places along its course from Ms. NORTON. Madam Speaker, I could put in place initiatives, whether southern Minnesota through Iowa, the yield back the balance of my time. structures or nonstructural approaches Chicago Tribune ran a story entitled, The SPEAKER pro tempore (Mrs. to protecting communities and individ- ‘‘Valmeyer, Illinois, Soaked in ’93, DAVIS of California). The question is on uals, businesses, residences against the Town Now High and Dry.’’ Quoting a the motion offered by the gentlewoman hazards of flood, tornado, hurricane resident, Eleanor Anderson, 86 years from the District of Columbia (Ms. and, in our northern tier, excessive old, home destroyed in the 1993 flood, NORTON) that the House suspend the snowfall. said, ‘‘I am sure glad I don’t have to rules and pass the bill, H.R. 6109, as The idea was to build better after a worry now that we are high enough amended. disaster and be better prepared for the here on the hill.’’ That is a reasonable The question was taken; and (two- next time around. But that idea investment of public funds. thirds being in the affirmative) the evolved over time, and it was in the Story County, Iowa, in 1990, 1993 and rules were suspended and the bill, as mid 1990s that then James Lee Witt, 1996, homes were flooded out. Finally, amended, was passed. the administrator of FEMA, conceived in 1996, with Pre-Disaster Mitigation A motion to reconsider was laid on the idea of taking hazard mitigation a Funds, those six homes were bought the table. step further to pre-disaster mitigation. out and moved out. And in 1998 when f He called it Project Impact. the floods struck, FEMA estimated OLD POST OFFICE BUILDING He came up to the committee, now that the Federal and State and local REDEVELOPMENT ACT OF 2008 the Committee on Transportation and governments saved $541,900 in what Infrastructure, to meet with then would have been damages to restore Ms. NORTON. Madam Speaker, I Chairman Bud Shuster and me as the those homes. move to suspend the rules and pass the ranking member to discuss Project Im- In my own district, in 1999, on the eve bill (H.R. 5001) to authorize the Admin- pact, saying that we can save money, of July 4, on July 3, straight-line winds istrator of General Services to provide as the gentlewoman, the minority lead- called a derecho of 100 miles an hour in for the redevelopment of the Old Post er for this afternoon, has indicated, a swath 15 miles wide swept through Office Building located in the District that we can save money by protecting the Superior National Forest, the of Columbia, as amended. against what we know will be hazards, Boundary Waters Canoe area on the The Clerk read the title of the bill. disasters happening in the future. And U.S.-Canadian border, and blew down 26 The text of the bill is as follows: so the committee crafted in 2000 the million trees, 3 years’ worth of timber H.R. 5001 Pre-Disaster Mitigation program in our harvest for the whole State of Min- Be it enacted by the Senate and House of Rep- FEMA disaster Hazard Mitigation Pro- nesota, creating an enormous hazard resentatives of the United States of America in gram. for fire to local residents. In the area Congress assembled, Out of that program was allocated to outside of the wilderness, trees had to SECTION 1. SHORT TITLE. the City of Seattle $50 million to be subjected to salvage logging to clear This Act may be cited as the ‘‘Old Post Office strengthen structures in the city out a way from homes, from resorts, Building Redevelopment Act of 2008’’. against the possibility of earthquake. and from outfitter buildings. SEC. 2. OLD POST OFFICE BUILDING DEFINED. The city invested some $50 million in Following up, FEMA came to the In this Act, the term ‘‘Old Post Office Build- strengthening public structures, public area and said, with Pre-Disaster Miti- ing’’ means the land, including any improve- ments thereon and specifically including the Pa- buildings, public roadways, and private gation funds, we propose a 75/25 partici- vilion Annex, that is located at 1100 Pennsyl- structures as well. And then they had pation to install sprinkler systems vania Avenue, NW., in the District of Columbia, an earthquake. After the effects of the around all the homes and all the busi- and under the jurisdiction, custody, and control earthquake had been analyzed, FEMA nesses in the Gunflint Trail area to of the General Services Administration. estimated that the Pre-Disaster Miti- protect against the potential, the very SEC. 3. FINDINGS. gation investments saved $500 million real potential of future fire. Almost Congress finds the following: in what would have been damaged pub- every resident and business partici- (1) For almost a decade the Subcommittee on lic and private structures alike, ten- pated in the program, and about 96 per- Economic Development, Public Buildings, and fold the value of the investment. cent of the people maintained their Emergency Management of the Committee on The program then was further ex- sprinkler systems. Then last year, in Transportation and Infrastructure of the House of Representatives has expressed considerable tended as the Committee on Transpor- April of 2007, a fire broke out. Careless concern about the waste and neglect of the val- tation and Infrastructure continued its campers left the site of their camping uable, historic Old Post Office Building, cen- work. I remember subsequent Chair- and a wind came up and blew it into trally located in the heart of the Nation’s Cap- man Don Young saying so often: Yes, what eventually became a 75,000 acre ital on Pennsylvania Avenue, and has pressed

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Madam Speaker, I ask appeal of the Old Post Office Building party. unanimous consent that all Members also is its central location in the Fed- (4) On December 28, 2000, the General Services may have 5 legislative days within eral Triangle, its proximity to many Administration, pursuant to Public Law 105– Federal historic sites not the least of 277, submitted to the Committee on Transpor- which to revise and extend their re- marks and to include extraneous mate- them the White House which is a tation and Infrastructure of the House of Rep- stone’s throw from the Old Post Office. resentatives and the Committees on Appropria- rial on H.R. 5001. tions and Environment and Public Works of the The SPEAKER pro tempore. Is there Our major metro lines converge there, Senate a plan for the comprehensive redevelop- objection to the request of the gentle- and a host of restaurants and other ment of the Old Post Office. woman from the District of Columbia? amenities surround this location’s (5) The Committee on Transportation and In- There was no objection. major tourist site. frastructure approved the redevelopment plan Ms. NORTON. Madam Speaker, I b 1615 on May 16, 2001, and the Committees on Appro- yield myself such time as I may con- priations and Environment and Public Works This bill is important for the city I approved the plan on June 15, 2001. sume. represent, as well, but its importance I am pleased to rise in support of (6) The General Services Administration goes far beyond any particular district. H.R. 5001, as amended, and to ask for issued a Request for Expression of Interest in This building belonged to the United 2004 for developing the Old Post Office Building the support of the House, a bill to di- States of America before there was any that generated a healthy, private sector interest, rect the General Services Administra- but the General Services Administration has home rule in the District of Columbia. tion to redevelop the Old Post Office When the Congress of the United failed to proceed with implementation of the ap- located on Pennsylvania Avenue, right proved redevelopment plan. States ran the District of Columbia, (7) Redevelopment of the Old Post Office in the center of the District of Colum- they saw fit to have a post office befit- Building will preserve the historic integrity of bia. ting the Nation’s capital. You would this unique and important asset, put it to its On January 16, 2008, I introduced H.R. have thought, particularly given the highest and best use, and provide a lucrative fi- 5001, the Old Post Office Development history of developing historic struc- nancial return to the Government. Act, to redevelop the nearly empty Old tures here, for which the GSA deserves SEC. 4. REDEVELOPMENT OF OLD POST OFFICE Post Office, a unique historic treasure special credit, that this building cer- BUILDING. which was once the post office of the tainly, at some point in the 20th cen- (a) IN GENERAL.—The Administrator of Gen- Nation’s capital located at 1100 Penn- eral Services is directed to proceed with redevel- tury, would have been rehabilitated. opment of the Old Post Office Building, in ac- sylvania Avenue Northwest, owned by Actually, this particular struggle cordance with existing authorities available to the Federal Government’s GSA. started in 1998. Congress passed the the Administrator and consistent with the rede- For more than ten years, our Sub- Omnibus Consolidated and Emergency velopment plan previously approved by the committee on Economic Development, Supplemental Appropriations Act of Committee on Transportation and Infrastruc- Public Buildings, and Emergency Man- 1999, and in that act our committee re- ture of the House of Representatives and the agement has expressed continuing and quired the GSA to submit a develop- Committees on Appropriations and Environment mounting concern about the neglect ment plan for the Old Post Office be- and Public Works of the Senate. and underutilization of this invaluable (b) RELOCATION OF EXISTING BUILDING TEN- fore any Federal funds could be used to government site, and has pressed the ANTS.—The Administrator is authorized, not- convert the space. And on February 28, withstanding section 3307 of title 40, United GSA to develop and use this building to 2000, GSA did in fact, pursuant to law, States Code, and otherwise in accordance with its full potential. submit such a plan as required. existing authorities available to the Adminis- Madam Speaker, when I brought this Madam Speaker, no bill, and in my trator, to provide replacement space for Federal bill to the full committee, Mr. OBER- entire history on the committee, no agency tenants housed in the Old Post Office STAR from whom we just heard on a bill has been necessary for this work. Building whose relocation is necessary for rede- prior bill and Ranking Member MICA We don’t trouble the Congress with velopment of the Building. lead what could only be called a round this work. But it took a bill now 10 SEC. 5. REPORTING REQUIREMENT. of hoorahs and hosannas that this bill years ago just to get a plan. On May 16, (a) IN GENERAL.—The Administrator of Gen- was being brought forward. eral Services shall transmit to the Committee on 2001, the Committee on Transportation Transportation and Infrastructure of the House More than 20 million visitors come. and the Infrastructure passed an addi- of Representatives and the Committee on Envi- This building is so strategically placed tional resolution authorizing the devel- ronment and Public Works of the Senate a re- that it is almost certain that constitu- opment of the Old Post Office. So we port on any proposed redevelopment agreement ents of Members have ventured into come forward with bills that ordinarily related to the Old Post Office Building. this extraordinary building which are unnecessary because the GSA goes (b) CONTENTS.—A report transmitted under looks like just the kind of building ahead and submits a prospectus that this section shall include a summary of a cost- that invites people on the outside, and benefit analysis of the proposed development we approve, and that’s it. agreement and a description of the material pro- then they come on the inside and they The GSA finally in 2005 did issue visions of the proposed agreement. can’t believe what they see. So the what we call a request for expression of (c) REVIEW BY CONGRESS.—Any proposed de- building is well known not only by our interest. That’s the way we do federal velopment agreement related to the Old Post Of- subcommittee but by the full com- development in our subcommittee. fice Building may not become effective until the mittee. Worse, as I shall relate, is why This is a priceless treasure. If you go end of a 30-day period of continuous session of it has not been brought forward. to the inside of the building, you see it Congress following the date of the transmittal of The Old Post Office Building was was built and looks now almost like a the report required under this section. For pur- completed in 1899. That makes it one of cavernous space, most of it is ceiling poses of the preceding sentence, continuity of a session of Congress is broken only by an ad- the oldest buildings here, and is cer- like this chamber, Madam Speaker, journment sine die, and there shall be excluded tainly one of the oldest, perhaps the without the room to place for offices or from the computation of such 30-day period any oldest, for which rehabilitation and the like. So in order to decide whether day during which either House of Congress is preservation has not somehow begun or or not this was a property which the not in session during an adjournment of more envisioned. This grand example of Ro- private sector thought could be devel- than 3 days to a day certain. manesque revival occupies an entire oped, we required GSA to ask for ex- The SPEAKER pro tempore. Pursu- city block. Because it was the main pressions of interest. ant to the rule, the gentlewoman from post office, it was strategically located The GSA received apparently many the District of Columbia (Ms. NORTON) for a purpose not as an historic build- indications of interest from the private

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13354 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 sector. But the agency has never pro- zation in order to get any movement Mr. OBERSTAR. Madam Speaker, I rise in ceeded to the next step. For that rea- on the bill, and now the Congress is support of H.R. 5001, a bill to direct the rede- son—and remember we are talking going to have to make it impossible for velopment of the Old Post Office Building, about 2005 when the request for expres- OMB to keep GSA from proceeding or which is not only a landmark in the Nation’s sion of interest occurred—as has been face contempt of Congress. capital, but a jewel of ‘‘America’s Main Street,’’ required, every step along the way, a We also take away the excuse that Pennsylvania Avenue. I commend the gentle- bill is going to be necessary to move there are agencies in the building. woman from the District of Columbia (Ms. the GSA to act and that is what H.R. There are a couple of tiny agencies in NORTON) for introducing this legislation and for 5001 does, so that this structure can in the building, the kind of agencies that her work on this issue as Chair of the Sub- fact be utilized for the benefit of Fed- GSA can relocate on the back of an en- committee on Economic Development, Public eral taxpayers, for the benefit of visi- velope because it relocates very large Buildings, and Emergency Management. tors to the city, and of course for the agencies all the time. Congress has Completed in 1899, the Old Post Office benefit of the city as well. done its homework. It is now time for building was intended to be the U.S. Post Of- The Congress may be curious as to the GSA to do its work and start bring- fice Department Headquarters building as well why there would be any resistance. It ing some revenue here from this his- as the city’s main post office. The Old Post is difficult to understand, Madam toric structure and some pleasure for Office building was awarded a place on the Speaker, considering that for three, al- the many visitors who wander inside National Register of Historic Places in 1973. most four decades we have poured and are distressed by what they see. This Romanesque building is the second tall- money into the Old Post Office because I reserve the balance of my time. est structure and one of the first steel-frame they didn’t want to let it just stand Mrs. DRAKE. Madam Speaker, I buildings in the District of Columbia. there and get no revenue. So each year yield myself such time as I may con- Despite the magnificence of this building the Federal Government loses $6 mil- sume. and its extraordinary location, it has been dif- lion or $7 million more than it takes in Madam Speaker, I rise today in sup- ficult to develop this building to its fullest po- from the tiny agencies around the rim port of H.R. 5001, the Old Post Office tential. A renovation of the Old Post Office of the cave, as it were. Building Redevelopment Act of 2008. began in 1977 as part of the redevelopment of If you multiply that over many dec- The bill would direct the General Serv- Pennsylvania Avenue. In 1982, the General ades, you will understand that pouring ices Administration to enter into an Services Administration, GSA, entered into a renovations into a building that needed agreement to develop the Old Post Of- 55-year lease with a private sector developer a complete makeover, while allowing a fice building on Pennsylvania Avenue to lease and operate the Old Post Office build- tiny agency here or there to occupy in accordance with its plan approved ing. The building was renovated as a multi- whatever space you could find, has re- by the Committee on Transportation functional building that included office space, sulted in the loss of billions of dollars and Infrastructure in 2001. The bill retail, and a food court. Unfortunately, this re- to the Federal Government, when in would also authorize GSA to relocate development effort was not successful be- fact we could have reversed that proc- the Federal agencies currently occu- cause of high turnover among the retail busi- ess, bringing billions of dollars of rev- pying the Old Post Office Building. nesses and low satisfaction among tenants. enue for us, had we done what we did The management of Federal real The original developer went into bankruptcy with the highly regarded Tariff Build- property has been on the Government and the lender foreclosed on the leasehold. ing, another one of the grand old build- Accountability Office’s high-risk list Today, the Old Post Office building is an ings that stood here when I was a kid since 2003. One of the key issues the aging historical building that is inefficient, un- and where GSA has already shown it GAO has raised is the problem of un- derutilized, and a financial drain on the Fed- can make excellent use of otherwise used and under-used Federal property. eral Building Fund. The building’s large atrium antiquated and virtually useless struc- Currently, the Old Post Office is and other factors contribute to the high costs tures. under-used and has been for some time. of operating and maintaining the building. What it did was to convert the old Over the years, there have been many The Committee on Transportation and Infra- Tariff Building into the rarified, high attempts to make better use of this structure has provided oversight and direction priced Monaco Hotel, which sits across historic building. The most recent at- to GSA previously in attempts to foster the de- from the Portrait Gallery. That build- tempt was made after Congress passed velopment of the Old Post Office, including re- ing quickly returned revenue to the the Public Buildings Cooperative Use quiring that GSA submit a viable development Federal Government. The redevelop- Act in 1976. This act, among other plan for the Old Post Office before any Fed- ment of the Tariff Building shows what things, required GSA to encourage the eral funds be used to convert the space. Not- can be achieved when the Federal Gov- public use of public buildings for ‘‘cul- withstanding these efforts, the desired devel- ernment works with the private sector tural, educational and recreational ac- opment has not occurred. to redevelop a site that brings a return tivities’’ and allowed Federal entities H.R. 5001, the ‘‘Old Post Office Building Re- to the government, provides a safe and and commercial enterprises to share development Act of 2008’’, authorizes the Ad- necessary facility for the city and for federally owned buildings. ministrator of General Services to enter into visitors, and importantly, preserves a Unfortunately, the mixed use of Fed- an agreement to redevelop the Old Post Office priceless, truly priceless historic treas- eral and commercial space was not suc- Building in a manner that is beneficial to the ure. cessful in this case. Today, there are Federal Government. This bill will not only Madam Speaker, our bill now has only a handful of Federal agencies in help spur the redevelopment of this building language that makes it impossible for this historic building on Pennsylvania but also help ensure that the taxpayers get the the GSA to refuse to proceed, as it has Avenue, considered America’s Main fullest return from this historic and treasured done with our prior two bills. GSA is Street. This area of the city has under- structure. directed to proceed. We waived the pro- gone revitalization to help benefit and I urge my colleagues to join me in support spectus. OMB is not implicated. And I attract people who live, work and visit of H.R. 5001, the ‘‘Old Post Office Building should say for the record that I think the Nation’s capital. Allowing for the Redevelopment Act of 2008.’’ the villain in the piece is OMB and not redevelopment and reuse of this impor- Mrs. DRAKE. Madam Speaker, I have GSA. For reasons known only to itself, tant building will help to further the no further speakers, and I yield back and some have said that they wanted progress made in this area of the city. the balance of my time. to sell the building, even though there Authorizing GSA to proceed with the Ms. NORTON. Madam Speaker, I is a bipartisan ‘‘no’’ to, in fact, selling full redevelopment of this building has have no further requests for time, so I any historic structure in the United the potential of being a win-win situa- too am prepared to yield back the bal- States. Whatever is the reason, it took tion for the Federal Government, the ance of my time. a killing in front of the building when taxpayers, and the local community. I The SPEAKER pro tempore. The they had rented it out to a George support this bill, and I urge my col- question is on the motion offered by Washington University student organi- leagues to do the same. the gentlewoman from the District of

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Columbia (Ms. NORTON) that the House ‘‘(B) in the case of a sewer overflow that stantially equivalent to the requirements of suspend the rules and pass the bill, has the potential to affect human health, no- paragraphs (1)(B) and (1)(C). H.R. 5001, as amended. tify the public of the overflow as soon as ‘‘(ii) PROGRAM REVIEW AND AUTHORIZA- The question was taken; and (two- practicable but not later than 24 hours after TION.—If the evidence submitted by a State thirds being in the affirmative) the the time the owner or operator knows of the under clause (i) shows the notification pro- overflow; gram of the State to be substantially equiva- rules were suspended and the bill, as ‘‘(C) in the case of a sewer overflow that lent to the requirements of paragraphs (1)(B) amended, was passed. may imminently and substantially endanger and (1)(C), the Administrator shall authorize A motion to reconsider was laid on human health, notify public health authori- the State to carry out such program instead the table. ties and other affected entities, such as pub- of the requirements of paragraphs (1)(B) and f lic water systems, of the overflow imme- (1)(C). diately after the owner or operator knows of ‘‘(iii) FACTORS FOR DETERMINING SUBSTAN- b 1630 the overflow; TIAL EQUIVALENCY.—In carrying out a review RAW SEWAGE OVERFLOW ‘‘(D) report each sewer overflow on its dis- of a State notification program under clause COMMUNITY RIGHT-TO-KNOW ACT charge monitoring report to the Adminis- (ii), the Administrator shall take into ac- trator or the State, as the case may be, by count the scope of sewer overflows for which Ms. EDDIE BERNICE JOHNSON of describing— notification is required, the length of time Texas. Madam Speaker, I move to sus- ‘‘(i) the magnitude, duration, and sus- during which notification must be made, the pend the rules and pass the bill (H.R. pected cause of the overflow; scope of persons who must be notified of 2452) to amend the Federal Water Pol- ‘‘(ii) the steps taken or planned to reduce, sewer overflows, the scope of enforcement lution Control Act to ensure that sew- eliminate, or prevent recurrence of the over- activities ensuring that notifications of age treatment plants monitor for and flow; and sewer overflows are made, and such other ‘‘(iii) the steps taken or planned to miti- factors as the Administrator considers ap- report discharges of raw sewage, and gate the impact of the overflow; and propriate. for other purposes, as amended. ‘‘(E) annually report to the Administrator ‘‘(B) REVIEW PERIOD.—If a State submits The Clerk read the title of the bill. or the State, as the case may be, the total evidence with respect to a notification pro- The text of the bill is as follows: number of sewer overflows in a calendar gram under subparagraph (A)(i) on or before H.R. 2452 year, including— the last day of the 30-day period beginning Be it enacted by the Senate and House of Rep- ‘‘(i) the details of how much wastewater on the date of issuance of regulations under resentatives of the United States of America in was released per incident; paragraph (4), the requirements of para- Congress assembled, ‘‘(ii) the duration of each sewer overflow; graphs (1)(B) and (1)(C) shall not begin to SECTION 1. SHORT TITLE. ‘‘(iii) the location of the overflow and any apply to a publicly owned treatment works This Act may be cited as the ‘‘Sewage potentially affected receiving waters; located in the State until the date on which Overflow Community Right-to-Know Act’’. ‘‘(iv) the responses taken to clean up the the Administrator completes a review of the SEC. 2. DEFINITIONS. overflow; and notification program under subparagraph Section 502 of the Federal Water Pollution ‘‘(v) the actions taken to mitigate impacts (A)(ii). Control Act (33 U.S.C. 1362) is amended by and avoid further sewer overflows at the site. ‘‘(C) WITHDRAWAL OF AUTHORIZATION.—If adding at the end the following: ‘‘(2) EXCEPTIONS.— the Administrator, after conducting a public ‘‘(25) SANITARY SEWER OVERFLOW.—The ‘‘(A) NOTIFICATION REQUIREMENTS.—The no- hearing, determines that a State is not ad- term ‘sanitary sewer overflow’ means an tification requirements of paragraphs (1)(B) ministering and enforcing a State notifica- overflow, spill, release, or diversion of waste- and (1)(C) shall not apply a sewer overflow tion program authorized under subparagraph water from a sanitary sewer system. Such that is a wastewater backup into a single- (A)(ii) in accordance with the requirements term does not include municipal combined family residence. of this paragraph, the Administrator shall so sewer overflows or other discharges from a ‘‘(B) REPORTING REQUIREMENTS.—The re- notify the State and, if appropriate correc- municipal combined storm and sanitary porting requirements of paragraphs (1)(D) tive action is not taken within a reasonable sewer system and does not include waste- and (1)(E) shall not apply to a sewer overflow time, not to exceed 90 days, the Adminis- water backups into buildings caused by a that is a release of wastewater that occurs in trator shall withdraw authorization of such blockage or other malfunction of a building the course of maintenance of the treatment program and enforce the requirements of lateral that is privately owned. Such term works, is managed consistently with the paragraphs (1)(B) and (1)(C) with respect to includes overflows or releases of wastewater treatment works’ best management prac- the State. that reach waters of the United States, over- tices, and is intended to prevent sewer over- ‘‘(6) SPECIAL RULES CONCERNING APPLICA- flows or releases of wastewater in the United flows. TION OF NOTIFICATION REQUIREMENTS.—After States that do not reach waters of the ‘‘(3) REPORT TO EPA.—Each State shall pro- the last day of the 30-day period beginning United States, and wastewater backups into vide to the Administrator annually a sum- on the date of issuance of regulations under buildings that are caused by blockages or mary of sewer overflows that occurred in the paragraph (4), the requirements of para- flow conditions in a sanitary sewer other State. graphs (1)(B) and (1)(C) shall— than a building lateral. ‘‘(4) RULEMAKING BY EPA.—Not later than ‘‘(A) apply to the owner or operator of a ‘‘(26) TREATMENT WORKS.—The term ‘treat- one year after the date of enactment of this publicly owned treatment works and be sub- ment works’ has the meaning given that subsection, the Administrator, after pro- ject to enforcement under section 309, and term in section 212.’’. viding notice and an opportunity for public ‘‘(B) supersede any notification require- SEC. 3. MONITORING, REPORTING, AND PUBLIC comment, shall issue regulations to imple- ments contained in a permit issued under NOTIFICATION OF SEWER OVER- ment this subsection, including regulations this section for the treatment works to the FLOWS. to— extent that the notification requirements Section 402 of the Federal Water Pollution ‘‘(A) establish a set of criteria to guide the are less stringent than the notification re- Control Act (33 U.S.C. 1342) is amended by owner or operator of a publicly owned treat- quirements of paragraphs (1)(B) and (1)(C), adding at the end the following: ment works in— until such date as a permit is issued, re- ‘‘(r) SEWER OVERFLOW MONITORING, RE- ‘‘(i) assessing whether a sewer overflow has newed, or modified under this section for the PORTING, AND NOTIFICATIONS.— the potential to affect human health or may treatment works in accordance with para- ‘‘(1) GENERAL REQUIREMENTS.—After the imminently and substantially endanger graph (1). last day of the 180-day period beginning on human health; and ‘‘(7) DEFINITIONS.—In this subsection, the the date on which regulations are issued ‘‘(ii) developing communication measures following definitions apply: under paragraph (4), a permit issued, re- that are sufficient to give notice under para- ‘‘(A) SEWER OVERFLOW.—The term ‘sewer newed, or modified under this section by the graphs (1)(B) and (1)(C); and overflow’ means a sanitary sewer overflow or Administrator or the State, as the case may ‘‘(B) define the terms ‘feasible’ and ‘time- a municipal combined sewer overflow. be, for a publicly owned treatment works ly’ as such terms apply to paragraph (1)(A), ‘‘(B) SINGLE-FAMILY RESIDENCE.—The term shall require, at a minimum, beginning on including site specific conditions. ‘single-family residence’ means an individual the date of the issuance, modification, or re- ‘‘(5) APPROVAL OF STATE NOTIFICATION PRO- dwelling unit, including an apartment, con- newal, that the owner or operator of the GRAMS.— dominium, house, or dormitory. Such term treatment works— ‘‘(A) REQUESTS FOR APPROVAL.— does not include the common areas of a ‘‘(A) institute and utilize a feasible meth- ‘‘(i) IN GENERAL.—After the date of multi-dwelling structure.’’. odology, technology, or management pro- issuance of regulations under paragraph (4), SEC. 4. ELIGIBILITY FOR ASSISTANCE. gram for monitoring sewer overflows to alert a State may submit to the Administrator (a) PURPOSE OF STATE REVOLVING FUND.— the owner or operator to the occurrence of a evidence that the State has in place a legally Section 601(a) of the Federal Water Pollution sewer overflow in a timely manner; enforceable notification program that is sub- Control Act (33 U.S.C. 1381(a)) is amended—

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13356 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 (1) by striking ‘‘and’’ the first place it ap- sanitary sewage system overflows is given 1 year to issue regulations to pears; and occur each year in the United States, define the parameters for monitoring (2) by inserting after ‘‘section 320’’ the fol- discharging a total volume of between lowing: ‘‘, and (4) for the implementation of and notification to be carried out by 3 and 10 billion gallons annually. the publicly owned treatment works. requirements to monitor for sewer overflows Worse still is the fact that these sew- under section 402’’. Following completion of this rule- age overflows can be laden with poten- (b) WATER POLLUTION CONTROL REVOLVING tially harmful chemicals, pathogens, making, all publicly owned treatment LOAN FUNDS.—Section 603(c) of the Federal works are required within a defined Water Pollution Control Act (33 U.S.C. viruses, and bacteria and often wind up 1383(c)) is amended— in local rivers and streams, city time period to incorporate the moni- (1) by striking ‘‘and’’ the first place it ap- streets, parks, or, in unfortunate cases, toring and notification criteria from pears; and directly into people’s homes. the rulemaking into the existing clean (2) by inserting after ‘‘section 320 of this These statistics further emphasize water permits. Act’’ the following: ‘‘, and (4) for the imple- the importance of investment in our However, to help minimize potential mentation of requirements to monitor for Nation’s water-related infrastructure. sewer overflows under section 402’’. For too long our communities and citi- paperwork concerns, this legislation The SPEAKER pro tempore. Pursu- zens have been waiting for us to renew allows owners and operators to incor- ant to the rule, the gentlewoman from our commitment to meeting the water- porate the enhanced monitoring provi- Texas (Ms. EDDIE BERNICE JOHNSON) related infrastructure needs of this sions in their existing permits as such and the gentlewoman from Virginia country. While the House of Represent- permits come up for periodic renewal (Mrs. DRAKE) each will control 20 min- atives strongly approved legislation to modification. utes. reinvest and rebuild and replace our To enhance the availability of public The Chair recognizes the gentle- failing and outdated waste-water treat- woman from Texas. ment infrastructure and sewers, we information on sewer overflows, H.R. GENERAL LEAVE have faced continued opposition from 2452 requires the enhanced notification Ms. EDDIE BERNICE JOHNSON of this administration investing in our requirements to take effect 30 days Texas. Madam Speaker, I ask unani- Nation’s infrastructure. after completion of the rulemaking. mous consent that all Members may I remain hopeful that we will be able The legislation under consideration have 5 legislative days within which to to send legislation to the President today is slightly modified from the revise and extend their remarks and in- this year that will meet the water-re- version that was reported favorably clude extraneous materials on H.R. lated needs that we all know exist and from the Committee on Transportation are necessary to ensure the economic 2452. and Infrastructure on May 15 to ad- and environmental health of our Na- The SPEAKER pro tempore. Is there dress a few technical and transitional objection to the request of the gentle- tion. concerns that were unresolved before woman from Texas? However, in the interim, we need to the committee markup. There was no objection. make sure that the public is aware of Ms. EDDIE BERNICE JOHNSON of sewage levels to give the individuals In addition, the bill under consider- Texas. Madam Speaker, I yield myself the opportunity to stay out of harm’s ation today provides a mechanism for way. It makes no sense for sewage such time as I may consume. States with active notification pro- agencies to know where and when over- Madam Speaker, H.R. 2452, the Sew- grams to petition EPA for the ability age Overflow Community Right-To- flows are occurring but to avoid mak- ing this information readily available to carry out the existing notification Know Act, offered by my colleague on programs provided that these programs the Committee on Transportation and to the public. This type of practice de- fies common sense. Equally trouble- are determined to be functionally Infrastructure, Mr. BISHOP, is an im- some are agencies that lack sufficient equivalent to the national standard for portant commonsense proposal to en- monitoring technologies or programs hance the monitoring and public notifi- State notification programs called for to alert them to the presence of sewage cation of sewage spills. in this legislation. overflows. I applaud Mr. BISHOP’s work to raise The legislation under consideration I commend the ranking member of the public’s awareness of sewage spills here today is an essential step in pro- the subcommittee, Mr. BOOZMAN, and and for his tenacity in bringing to- tecting the public’s health and environ- the ranking member of the Committee gether relevant stakeholders on this ment from the dangers of sewage over- on Transportation and Infrastructure, issue to work through potential dif- flows. H.R. 2452, the Sewage Commu- Mr. MICA, and my Chair, Mr. OBERSTAR, ferences and produce the fine product nity Right-to-Know Act, is a common- for working in a bipartisan fashion to under consideration today. I also ap- sense approach to enhance the moni- plaud the work of our colleague, Mr. resolve all the outstanding issues re- toring and notification of sewage over- lated to this important legislation. LOBIONDO, for his efforts in supporting flows to protect human health and the and advocating for H.R. 2452. environment. It is also an approach Let me conclude by thanking the fol- Public notification of sewage over- that can be achieved without signifi- lowing organizations for their efforts flows is an important topic that has cant burden to States and local govern- in reaching the compromised language not received the attention it rightly ments. Monitoring and providing pub- that is under consideration today: The deserves. During committee hearings lic notification on sewage overflows American Rivers, the National Associa- on this legislation last summer, the provides the greatest opportunity to tion of Clean Water Agencies, the Subcommittee on Water Resources and avoid direct contact and potentially Water Environment Federation and the Environment received testimony on harmful pollutants as well. California Association of Sanitation the overwhelming extent of the prob- Facilities’ rapid responses to over- lem of sewage overflows. According to flows in order to minimize the poten- Agencies. The hard work and willing- the Environmental Protection Agen- tial harm to the environment, this leg- ness of each of these organizations cy’s own numbers, the frequency and islation amends the Clean Water Act to made it possible to reach this agree- volume of annual sewage overflows is ensure that all publicly owned treat- ment and to bring forward this impor- staggering. ment works incorporate enhanced mon- tant bipartisan legislation. For combined sewage systems, EPA itoring notification and reporting re- Madam Speaker, I submit the fol- estimates that 850 billion gallons of quirements into the existing permits lowing for the RECORD. raw or partially treated sewage is dis- for those systems under their oper- charged annually into local waters. For ational control. separate sanitary sewer systems, EPA Under this Act, the Administrator of estimates that 23- to 75,000 of these the Environmental Protection Agency

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JUNE 23, 2008. Association of Sanitation Agencies (CASA), I and concerns of NACWA’s public agency Hon. JAMES L. OBERSTAR, write in support of H.R. 2452, which would members, and we appreciate the hard work Chairman, Committee on Transportation and address the important issue of reporting and and good faith you have shown in helping Infrastructure, Rayburn House Office notification for sewer overflows. This legis- craft this language. Building, Washington, DC. lation represents the culmination of a col- NACWA, however, must share the bill and Hon. JOHN MICA, laborative approach involving wastewater accompanying report with its Board of Di- Ranking Member, Committee on Transportation treatment operators and the environmental rectors before indicating whether it can offer and Infrastructure, Rayburn House Office community. We appreciate the committee’s its support for the legislation. We expect to Building, Washington, DC. willingness to address CASA’s concerns. have a decision on that matter this week. Hon. TIM BISHOP, CASA understands that the legislation has Again, thank you for your leadership on this Cannon House Office Building, been amended to address one of our major issue. Washington, DC. concerns, which relates to longstanding Cali- Sincerely, Hon. FRANK LOBIONDO, fornia requirements for notification of regu- KEN KIRK, Rayburn House Office Building, latory authorities and the public in the NACWA Executive Director. Washington, DC. event of a sewer spill that threatens public I reserve the balance of my time. DEAR CHAIRMAN OBERSTAR, RANKING MEM- health or the environment. Specifically, the Mrs. DRAKE. Madam Speaker, I BER MICA, AND REPRESENTATIVES BISHOP AND amendment provides a delegation process so LOBIONDO: On behalf of our members and that existing state notification programs de- yield myself such time as I may con- supporters across the nation, thank you for signed to inform the public of health threats sume. reporting H.R. 2452, the Sewage Overflow emanating from sewer overflows will not be Madam Speaker, I rise in support of Community Right-to-Know Act. Our organi- supplanted, provided EPA determines that H.R. 2452, the Sewage Overflow Com- zations strongly support this legislation and the programs are substantially equivalent to munity Right-to-Know Act. applaud your efforts to suspend the rules and the federal program. This is vital to avoid in- Our Nation has nearly 23,000 miles of pass the bill. efficient and potentially confusing duplica- ocean and gulf shoreline along the con- By requiring public notification, H.R. 2452 tion of effort. Further, this amendment will tinental United States, 5,500 miles of could protect millions of Americans from ex- allow POTWs to target their limited re- posure to untreated sewage spills that could sources to fulfilling their responsibilities as Great Lakes shoreline and 3.6 million make them sick. This first line of defense is first responders when spills occur. Second, miles of rivers and streams. Public con- critical as hundreds of billions of gallons of we understand that the committee report fidence and the quality of our Nation’s raw and partially treated sewage are dumped clarifies that satellite collection systems are waters is important to every citizen of into our streams, rivers and lakes every not subject to the provisions of the bill. This this Nation, but it is also critical to in- year. Many American are unaware when a is important because many regional POTWs dustries that rely on safe and clean sewage spill occurs in the local waterways do not manage these upstream systems, and water. where their families swim and play. have no authority for spills that occur from To improve the public’s confidence in The bacteria, viruses and parasites found facilities outside their jurisdiction. in untreated sewage can cause severe symp- There is one provision in the amended bill the quality of our Nation’s waters and toms including gastrointestinal problems, that has given rise to a new concern. This protect public health and safety, Rep- infection and fever, as well as heart, liver or new provision is designed to ensure that the resentatives BISHOP and LOBIONDO in- kidney failure, arthritis and even cancer. By notification provisions of the bill will be im- troduced H.R. 2452, the Sewage Over- requiring the public to be notified when sew- plemented in a timely matter. However, as flow Community Right-to-Know Act. age spills threaten their health, we can help written, there is no mechanism for informing Sometimes, especially during wet Americans protect their families by avoiding permittees of their new, fully enforceable ob- weather, sewage systems can leak or contaminated areas until the threat has ligations, which appears to be at odds with overflow. This can be caused by inad- passed. basic due process rights. We hope that as Thank you again for your hard work on Congress considers the bill that this matter equate design or capacity or by breaks this important legislation. We look forward can be further reviewed and addressed prior in the system of pipes that are often to working with you to see this bill enacted to final passage. old and in need of repair. into law this Congress. Again, we appreciate the opportunity to H.R. 2452 requires the publicly owned Sincerely, work with the committee on this important treatment works develop and imple- Eli Weissman, Director of Government legislation. ment a feasible monitoring program Affairs, American Rivers; Christy Sincerely, that is reasonably able to detect the Leavitt, Clean Water Advocate, Envi- AMIL ZOURY K A , occurrence of an overflow or leak in ronment America; Tiernan Sittenfeld, President. Legislative Director, League of Con- their sewer systems in a timely man- servation Voters; Nancy Stoner, Direc- NATIONAL ASSOCIATION OF ner and to notify the public and health tor, Clean Water Project, Natural Re- CLEAN WATER AGENCIES, authorities whenever a release would sources Defense Council; David Jen- Washington, DC, June 23, 2008. threaten public health and safety. kins, Government Affairs Director, Re- Hon. JAMES L. OBERSTAR, The Environmental Protection Agen- publicans for Environmental Protec- House Committee on Transportation and Infra- cy is to develop regulations to help tion; Angela Howe, Legal Manager, structure, Rayburn House Office Building, local utilities implement these moni- Surfrider Foundation. Washington, DC. toring and notification requirements Paul Schwartz, National Policy Coordi- Hon. JOHN MICA, nator, Clean Water Action; Shawnee House of Representatives, Rayburn House Office starting 180 days after these regula- Hoover, Legislative Director, Friends Building, Washington, DC. tions have been issued. EPA or the of the Earth; Corry Westbrook, Legis- Hon. TIM BISHOP, States, as the case may be, are to in- lative Director, National Wildlife Fed- House of Representatives, Cannon House Office corporate these monitoring and notifi- eration; Will Callaway, Legislative Di- Building, Washington, DC. cation requirements into local utili- rector, Physicians for Social Responsi- DEAR CHAIRMAN OBERSTAR, RANKING MEM- ties’ Clean Water Act permits on a roll- bility; Debbie Sease, National Cam- BER MICA AND REPRESENTATIVE BISHOP: The ing basis as their permits come up for paigns Director, Sierra Club. National Association of Clean Water Agen- renewal. cies (NACWA) appreciates your ongoing lead- CALIFORNIA ASSOCIATION ership on, and commitment to, clean and This should provide for the orderly OF SANITATION AGENCIES, safe water in the United States. As the lead- implementation of this program and Sacramento, CA, June 23, 2008. ing advocacy organization representing the minimize the need to reopen utilities’ Hon. JAMES L. OBERSTAR, nation’s public wastewater treatment agen- permits. To minimize burdening local Chairman, Committee on Transportation and cies, NACWA has been working diligently utilities with duplicative notification Infrastructure, House of Representatives, with your staff and with American Rivers to requirements, States that have sub- Washington, DC. come up with a common-sense bill to estab- stantially equivalent release notifica- Hon. JOHN MICA, lish a consistent, national framework for tion programs in place may seek EPA’s Ranking Republican, Committee on Transpor- monitoring and reporting sewer overflows. tation and Infrastructure, House of Rep- The result of this effort is the Sewage Over- approval to implement the State’s no- resentatives, Washington, DC. flow Community Right-to-Know Act (H.R. tification program instead of the re- DEAR CHAIRMAN OBERSTAR AND RANKING 2452) being considered by the House today. quirements under H.R. 2452. The bill MEMBER MICA: On behalf of the California The bill goes a long way to address the needs authorizes the use of State revolving

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loan funds to help communities pay for homes and street of communities along the Again, I applaud Mr. BISHOP for introducing this monitoring and notification pro- Mississippi River system. As families are start- this common-sense legislation to ensure that gram. ing to return to their homes, they are in need our citizens are made aware of the potential Under this program, EPA and local of information on any health risks from coming public health threats caused by sewer over- utilities must define the appropriate into contact with potentially contaminated wa- flows. I urge my colleagues to join me in sup- amount of monitoring to reduce risk ters. porting H.R. 2452. and reasonably protect human health. The cost of eliminating CSOs and SSOs Mr. BISHOP of New York. Madam Speaker, However, they need to be careful not to throughout the nation is staggering. In its most on behalf of the residents of eastern Long Is- unwisely use up funds that are meant recent Clean Water Needs Survey (2000), land, I would like to commend Chairman to address the very infrastructure EPA estimated the future capital needs to ad- OBERSTAR, Chairwoman JOHNSON and Con- problems that are causing the release dress existing CSOs at $50.6 billion. In addi- gressman LOBIONDO for their leadership and of sewage in the first place. tion, EPA estimates that it would require an unwavering dedication to clean water issues. I I congratulate Representatives additional $88.5 billion in capital improvements would also like to thank the Transportation BISHOP and LOBIONDO on sponsoring to reduce the frequency of SSOs caused by and Infrastructure Committee staff for their this bill. The public has a right to wet weather and other conditions. hard work and commitment to advancing this know when their waters are threatened Upon being elected Chairman of the Com- legislation to the full House today. by sewage release. So I encourage all mittee on Transportation and Infrastructure, I Madam Speaker, the EPA estimates that Members to support this bill. made it a priority to renew the Federal com- sewer overflows discharge roughly 850 billion Mr. OBERSTAR. Madam Speaker, I rise in mitment in addressing the nation’s wastewater gallons of raw or partially treated sewage an- strong support of H.R. 2452, the ‘‘Sewage infrastructure needs. nually into local waters. These discharges, Overflow Community Right-to-Know Act’’. Let In March 2007, the House approved two laden with potentially harmful chemicals and me begin by congratulating our Committee bills reported from the Committee on Trans- pathogens, often end up in local rivers, lakes, colleague, the gentleman from New York (Mr. portation and Infrastructure—H.R. 720, the streams, and the ocean. BISHOP), for introducing legislation to provide ‘‘Water Quality Financing Act’’, and H.R. 569, In response, the Transportation & Infrastruc- common-sense standards for public notifica- the ‘‘Water Quality Investment Act’’—to reau- ture Committee has taken appropriate meas- tion of both combined sewer overflows and thorize appropriations for the construction, re- ures to restore the federal commitment to our sanitary sewer overflows. This well-thought-out pair, and rehabilitation of wastewater infra- Nation’s wastewater infrastructure. In the legislation will be a welcome addition to Fed- structure, including measures to address 110th Congress, we have passed the Water eral efforts in protecting public health as well CSOs and SSOs. Quality Financing Act, authorizing funds for as the natural environment. H.R. 720 authorizes appropriations of $14 the State Revolving Fund; and the Beach Pro- The most reliable way to prevent human ill- billion over four years for the Clean Water tection Act, to carry out coastal recreation ness from waterborne diseases and patho- State Revolving Fund, which is the primary water quality monitoring and notification pro- gens is to eliminate the potential for human source of Federal funds for wastewater infra- grams. Today, we take our commitment to exposure to the discharge of pollutants from structure. H.R. 569 authorizes appropriations water quality one step further by passing the combined sewer overflows (‘‘CSOs’’) and sani- of $1.7 billion in Federal grants over 5 years Sewage Overflow Community Right-to-know Act. tary sewer overflows (’’SSOs’’). This can occur to address combined sewers and sanitary As the saying goes, an ounce of prevention either through the elimination of the discharge, sewers. Both bills are pending before the is worth a pound of cure: The best way to or, in the event that a release does occur, to United States Senate. avoid human health and environmental con- However, even with significant increases in minimize the potential human contact to pollut- cerns from sewer overflows is to ensure that Federal, State, and local investment, it is likely ants. they never occur in the first place. However, Unfortunately, Federal law does not provide that sewer overflows will continue. In the event even with significant increases in investment, uniform, national standards for public notifica- that a release does occur, the most effective sewer overflows will continue to occur. There- tion of combined and sanitary sewer over- way to prevent illness is to provide timely and fore, it is imperative that we provide the public flows. Notification of sewer overflows is cov- adequate public notice to minimize human ex- with comprehensive and timely notification of ered only by a patchwork of Federal regula- posure to pollutants. sewer overflows. We need to make sure that tions, State laws, and local initiatives aimed at H.R. 2452, the ‘‘Sewage Overflow Commu- the public is aware of sewer overflows to give limiting human exposure to discharges. nity Right-to-Know Act’’, amends the Clean communities the opportunity to protect them- Potential human exposure to the pollutants Water Act to provide a uniform, national stand- selves. found in sewer overflows can occur in a vari- ard for monitoring, reporting, and public notifi- It makes no sense for operators of local ety of ways. According to the Environmental cation of sewer overflows. This legislation, sewer systems to know where and when over- Protection Agency (‘‘EPA’), the most common which was approved by the Committee on flows are occurring, but not to promptly notify pathways include direct contact with sewer Transportation and Infrastructure by voice the public. Notification of sewer overflows will discharges in recreational waters and beach- vote, will strengthen the monitoring and public help the public avoid direct contact with poten- es, drinking water contaminated by sewer dis- notification requirements of the Clean Water tially harmful chemicals and pathogens, and it charges, and consuming or handling contami- Act to encourage increased awareness and will facilitate rapid response to overflows in nated fish or shellfish. However, humans are public notification of overflows in an expedi- order to minimize the potential harm to the en- also at risk of direct exposure to sewer over- tious manner. vironment. flows, including sewer backups into residential The bill under consideration this afternoon is Accordingly, the Bishop/LoBiondo Sewage buildings, city streets, and sidewalks. a slightly modified version of this legislation as Overflow Community Right-to-know Act pro- In October 2007, in my own Congressional reported by the Committee. The bill, as vides for the monitoring, reporting and public district, basements and city streets across the amended, makes a few technical and clari- notification of sewer overflows from Publicly city of Duluth were flooded with sewer over- fying changes to the bill, as well as addresses Owned Treatment Works by requiring POTWs flows that resulted from massive rainstorms in a few transitional issues on the implementa- to institute and utilize programs to alert opera- the Lake Superior basin. The Western Lake tion of this Act. tors to overflows, notify the public within 24 Superior Sanitary Sewer District reported at The framework of this amendment was de- hours of discovery of an overflow by an oper- least seven major sewage overflows in its veloped jointly by the majority and minority ator, and notify public health officials when service area, with reports of numerous addi- Members of the Committee, it consultation human health is endangered. tional backups into local streets and base- with the National Association of Clean Water The bill requires the Environmental Protec- ments. Agencies, the Water Environment Federation, tion Agency establish criteria to guide POTWs Similarly, earlier this month, heavy rains in the California Association of Sanitation Agen- in assessing whether a sewer overflow has the Midwest and flooding along the Mississippi cies, and American Rivers. I appreciate the the potential to affect human health and devel- River system resulted in a significant overload hard work by all parties to help move this oping communication measures to ensure the to the sewer systems and treatment works, common-sense legislation to increase public public is notified. The bill also establishes a and resulted in the release of untold gallons of awareness of combined sewer overflows and process for EPA to determine if a State’s ex- untreated or partially treated sewage into the sanitary sewer overflows. isting notification program is substantially

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Without their many As this Congress works to reauthorize the permittees of their new, fully enforceable ob- insights this legislation would not have been Clean Water State Revolving Fund and im- ligations, which appears to be at odds with possible. Therefore, I would like to thank prove our wastewater infrastructure, it is es- basic due process rights. We hope that as American Rivers, the National Association of sential that our constituents receive prompt Congress considers the bill that this matter Clean Water Agencies, the Water Environment notification when a spill occurs. H.R. 2452 pro- can be further reviewed and addressed prior Federation, and the California Association of vides a national Standard for such notification to final passage. Sanitation Agencies for the countless hours and permits the use of Clean Water State Re- Again, we appreciate the opportunity to work with the committee on this important they have given to refine the bill’s language to volving funds for publically-owned treatment legislation. ensure that public health and the environment works to monitor their infrastructure for spills. Sincerely, are protected. In California, we have an existing notifica- KAMIL AZOURY, Madam Speaker, I encourage my col- tion process that is the most aggressive in the President. leagues to vote in favor of this commonsense Nation. I applaud Chairman OBERSTAR and his Mrs. DRAKE. Madam Speaker, I legislation, and I again thank my friend and staff for recognizing the existence of State no- yield back the balance of my time. colleague, Mr. LOBIONDO, for his leadership tification programs and ensuring that duplica- Ms. EDDIE BERNICE JOHNSON of and support in authoring the bill. tion of State and Federal standards does not Texas. Madam Speaker, I have no fur- Mr. LOBIONDO. Madam Speaker, I rise in overburden local sanitation officials. In this bill, ther requests for time, and I ask for strong support of H.R. 2452, the Sewage States like California may operate their own support of this bill. Overflow Right-to-Know Act. notification program if the EPA certifies that it I yield back the balance of my time. Last year, nearly 250,000 gallons of partially is substantially equivalent to the Federal pro- The SPEAKER pro tempore. The treated sewage leaked from the Asbury Park, gram. question is on the motion offered by New Jersey, sewer treatment plant into the At- I would like to include a letter from the Cali- the gentlewoman from Texas (Ms. lantic Ocean threatening beach goers for miles fornia Association of Sanitation Agencies that EDDIE BERNICE JOHNSON) that the down the shore. It was the result of a broken expresses full support for H.R. 2452. I com- House suspend the rules and pass the pipe that went undetected for over 6 hours. mend Mr. BISHOP and Mr. OBERSTAR for their bill, H.R. 2452, as amended. Fortunately, no one got sick and the environ- hard work on this legislation, and urge my col- The question was taken; and (two- ment did not suffer any long term con- leagues to support the Raw Sewage Overflow thirds being in the affirmative) the sequences. But that is not always the case. Community Right-to-Know Act. rules were suspended and the bill, as The EPA estimates approximately 900 bil- CALIFORNIA ASSOCIATION OF amended, was passed. lion gallons of untreated sewage enter our wa- SANITATION AGENCIES, The title was amended so as to read: terways each year, sickening nearly 3.5 million Sacramento, CA, June 23, 2008. ‘‘A bill to amend the Federal Water Hon. JAMES L. OBERSTAR, people annually. Pollution Control Act to ensure that That is why I was pleased to join with Rep- Chairman, Committee on Transportation and Infrastructure, U.S. House of Representa- publicly owned treatment works mon- resentative BISHOP to introduce H.R. 2452, the tives, Washington, DC. itor for and report sewer overflows, and Sewage Overflow Community Right-to-Know Hon. JOHN MICA, for other purposes.’’. Act. This commonsense legislation will help Ranking Republican, Committee on Transpor- A motion to reconsider was laid on keep the public safe from waterborne illness tation and Infrastructure, U.S. House of the table. by requiring sewer operators to put in place Representatives, Washington, DC. f monitoring systems to detect overflows and to DEAR CHAIRMAN OBERSTAR AND RANKING promptly notify the public in the event of an MEMBER MICA: On behalf of the California PROVIDING REIMBURSEMENT FOR overflow. While some States and localities Association of Sanitation Agencies (CASA), I EXPENSES INCURRED BY MEM- have strong notification programs in place al- write in support of H.R. 2452, which would BERS OF COMMITTEE ON LEVEE address the important issue of reporting and SAFETY ready, the majority do not. Establishing a min- notification for sewer overflows. This legis- imum standard for public notification is the lation represents the culmination of a col- Ms. EDDIE BERNICE JOHNSON of right thing to do. laborative approach involving wastewater Texas. Madam Speaker, I move to sus- H.R. 2452 makes sewer operators eligible treatment operators and the environmental pend the rules and pass the bill (H.R. for existing grant funds and loans to help defer community. We appreciate the committee’s 6040) to amend the Water Resources De- the cost of implementing monitoring and notifi- willingness to address CASA’s concerns. velopment Act of 2007 to clarify the au- CASA understands that the legislation has cation programs, and it provides flexibility to thority of the Secretary of the Army to States that already have these critical pro- been amended to address one of our major concerns, which relates to longstanding Cali- provide reimbursement for travel ex- grams in place. fornia requirements for notification of regu- penses incurred by members of the I want to thank the National Association of latory authorities and the public in the Committee on Levee Safety. Clean Water Agencies and American Rivers event of a sewer spill that threatens public The Clerk read the title of the bill. for working with Chairman OBERSTAR and health or the environment. Specifically, the The text of the bill is as follows: amendment provides a delegation process so Ranking Member MICA to make improvements H.R. 6040 to this legislation. The bill before us today rep- that existing state notification programs de- signed to inform- the public of health threats Be it enacted by the Senate and House of Rep- resents a good compromise between all inter- resentatives of the United States of America in ested parties. emanating from sewer overflows will not be supplanted, provided EPA determines that Congress assembled, I want to thank Chairman OBERSTAR, Rank- the programs are substantially equivalent to SECTION 1. COMMITTEE ON LEVEE SAFETY. ing Member MICA, Chairwoman JOHNSON, and the federal program. This is vital to avoid in- Section 9003(f) of the Water Resources De- Ranking Member BOOZMAN for their assistance efficient and potentially confusing duplica- velopment Act of 2007 (33 U.S.C. 3302(f)) is and support. I also want to thank Jon Pawlow tion of effort. Further, this amendment will amended by striking ‘‘To the extent amounts on Mr. MICA’s Staff, Ryan Seiger on Mr. OBER- allow POTWs to target their limited re- are made available in advance in appropria- STAR’s staff, and Mark Copeland on Mr. sources to fulfilling their responsibilities as tions Acts,’’ and inserting ‘‘Subject to the BISHOP’s staff for their tremendous effort. I first responders when spills occur. Second, availability of appropriations,’’. urge all members to support this common- we understand that the committee report The SPEAKER pro tempore. Pursu- clarifies that satellite collection systems are ant to the rule, the gentlewoman from sense measure. not subject to the provisions of the bill. This Mrs. TAUSCHER. Madam Speaker, I rise in is important because many regional POTWs Texas (Ms. EDDIE BERNICE JOHNSON) support of H.R. 2452, the Raw Sewage Over- do not manage these upstream systems, and and the gentlewoman from Virginia flow Community Right-to-Know Act. Sewer have no authority for spills that occur from (Mrs. DRAKE) each will control 20 min- overflows present serious threats to the envi- facilities outside their jurisdiction. utes.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.000 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13360 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 The Chair recognizes the gentle- However, the level of protection pro- to the President’s desk so that the woman from Texas. vided by a levee may change with time, Levee Safety Committee can begin its GENERAL LEAVE due to natural or manmade changes. important work and complete it later Ms. EDDIE BERNICE JOHNSON of Natural changes may include land sub- this summer. Texas. I ask unanimous consent that sidence, sedimentation, vegetative I urge adoption of this legislation. all Members may have 5 legislative growth in the floodway, or the poten- Madam Speaker, I submit the following for days in which to revise and extend tial implications of climate change. the RECORD. their remarks and to include extra- Land use changes in an area such as AMERICAN SOCIETY OF neous materials on H.R. 6040. upstream development, and the loss of CIVIL ENGINEERS, Washington, DC, June 23, 2008. The SPEAKER pro tempore. Is there natural upstream storage capacity, can Hon. JAMES OBERSTAR, objection to the request of the gentle- induce hydrologic changes, including faster runoff that will reduce the level Chairman, Committee on Transportation and woman from Texas? Infrastructure, House of Representatives, There was no objection. of protection provided by a levee. Washington, DC. Given the important flood damage re- Ms. EDDIE BERNICE JOHNSON of Hon. JOHN MICA, Texas. Madam Speaker, I yield myself duction and development opportunities Ranking Member, Committee on Transportation such time as I may consume. provided by levees, it is important for and Infrastructure, House of Representa- Madam Speaker, H.R. 6040, intro- the Nation to understand the true na- tives, Washington, DC. DEAR MR. CHAIRMAN AND CONGRESSMAN duced by the ranking member of the ture and condition of our flood control infrastructure, as well as to develop a MICA: I am writing on behalf of the more Transportation and Infrastructure comprehensive national policy to ad- than 140,000 members of the American Soci- Committee, Mr. MICA, and the ranking ety of Civil Engineers (ASCE) to support pas- dress issues related to the construc- member of the Subcommittee on Water sage of H.R. 6040, a bill to amend the Water tion, operation and maintenance of Resources Environment, Mr. BOOZMAN, Resources Development Act (WRDA) of 2007 projects and other management tech- makes a technical change to title IX of to clarify the authority of the Secretary of niques for flood damage reduction. the Army to provide reimbursement for trav- the Water Resources Development Act In that light, the Committee on el expenses incurred by members of the Com- of 2007. Transportation and Infrastructure in- mittee on Levee Safety. Title IX of the Water Resources De- cluded language in the Water Re- As you recall, ASCE was a strong sup- velopment Act of 2007 establishes the porter of legislation to enact a national sources Development Act of 2007 for the levee safety program in WRDA 2007. We be- framework for the creation of the Na- creation of a national Committee on tional Levee Safety Program to en- lieve that it is essential to clarify that the Levee Safety. members of the Committee on Levee Safety hance the safety of levees and those The committee would be chaired by be eligible to receive reimbursement for living in levee-protected areas. the Corps of Engineers and would in- their travel incurred as a result of their vol- In the 3 years since hurricanes clude experts from around the Nation, unteering to work on the Committee. The Katrina and Rita, the Nation has re- working towards a short-term rec- outcome of the Committee’s study undoubt- focused its attention to the safety and ommendation to Congress for the cre- edly will have an important bearing on fu- reliability of flood-control structures ation of an effective and efficient Na- ture legislative efforts to improve the safety of the nation’s levee systems. and how lives and livelihoods can be af- tional Levee Safety Program. fected by their failure. Sincerely yours, The House and Senate conferees on DAVID G. MONGAN, It is especially evident that to our the Water Resources Development Act President. colleagues from the States of Iowa, of 2007 agreed on the importance of so- I reserve the balance of my time. Missouri, and Illinois, who have been liciting the recommendations of the Mrs. DRAKE. Madam Speaker, I experiencing the challenges of flooding Nation’s leading experts in levee safety yield myself such time as I may con- from the Mississippi River and its trib- to aid in the drafting of a future Na- sume. utary system over the past few weeks. tional Levee Safety Program. What- Madam Speaker, we have seen in the The Subcommittee on Water Resources ever recommendations are made by the gulf region and now along the Mis- and Environment has held numerous Committee on Levee Safety, these rec- sissippi River what can happen when hearings on the condition of the Na- ommendations will be referred back to hurricane and flood protection infra- tion’s levees and other flood-control the Congress for enactment in future structure is inadequate or fails to per- structures. legislation. form. Yet more Americans are moving Throughout these hearings, one con- It is my understanding that the to coastal areas where the risk of hur- sistent theme was readily apparent, Corps has been working towards the ricanes and floods is great. the condition of the Nation’s flood con- creation of the committee, including In the south Atlantic region, the trol infrastructure is, at best, un- the identification of a broad array of coastal population grew 51 percent known, and in a few notable instances, experts in levee safety. Unfortunately, from 1980 to 2000, and this trend is ex- is in desperate need for repair and up- the Corps believes it has hit a road- pected to continue. Along the Gulf of grading. The subcommittee received block due to the specific wording of the Mexico, the population has increased 38 testimony from noted experts in flood authorization language that has pre- percent from 1980 to 2000, and this control infrastructure that of the thou- vented the Corps from utilizing avail- trend is also expected to continue. sands of miles of Federal, State, local, able funding to pay for the travel ex- We do not know where the next hur- and privately owned levees, in this penses of the committee members. ricane or flood will hit, but we do know country little is known about the cur- H.R. 6040 is a simple modification to that many of our major cities, includ- rent condition, including whether lev- the existing authorization language to ing parts of Washington, D.C., have a ees were designed to meet current con- ensure that the Corps can utilize al- greater probability of flooding than did ditions or whether they have been ready identified funding to pay these New Orleans. properly maintained by the non-Fed- expenses so that the Committee on For example, the City of Sacramento, eral interests. Levee Safety can formally be assem- California, has almost twice as many bled and begin its important work. people as New Orleans; yet it has less 1645 b I applaud my colleagues on the Com- flood protection than any other major Although rare, failure of flood con- mittee on Transportation and Infra- city in America. Cities like Houston, trol structures, such as levees, does structure, Ranking Member MICA, and St. Louis, and Miami also are at risk. occur, and has become more frequent the ranking member of the Sub- We cannot treat citizens of these cities in recent years, and actually, in the committee on Water Resources and En- differently unless we have a policy rea- last recent weeks. vironment for volunteering to move son that we can explain and justify to Levees are typically built in a cer- this legislation through the House. our constituents. tain location and to a specified height It is my hope that the other body As we have learned from recent levee to provide a certain level of protection. can, also, quickly move this legislation failures, our infrastructure is aging.

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Madam Speaker, I rise in H.R. 6040 is a simple modification to the ex- Central Valley in anticipation of the support of H.R. 6040, a bill to make a tech- isting authorization language to ensure that failure of 24 levees. According to the nical correction to a Water Resources and De- the Corps can utilize already identified funding State of California, it would cost more velopment Act of 2007 provision authorizing to pay these expenses so that the Committee than $5 billion to make critical delta the Secretary of the Army, acting through the on Levee Safety can formally be assembled levees, but not all delta levees, strong- U.S. Army Corps of Engineers, to establish a and begin its important work. er in the face of flood and seismic Committee on Levee Safety. I applaud my colleagues on the Committee events in the Central Valley. Title IX of the Water Resources Develop- on Transportation and Infrastructure, Ranking In the past, Congress has taken steps ment Act of 2007 authorizes the Corps to es- Member MICA, and the Ranking Member of to ensure that the Nation’s flood dam- tablish a committee of Federal, State, local, the Subcommittee on Water Resources and age reduction infrastructure is prop- tribal, and private sector experts on levee Environment, Congressman BOOZMAN, for erly inventoried, inspected, and as- safety to develop recommendations for a na- sponsoring this legislation. It is my hope that sessed. In 1986, the Congress authorized tional levee safety program. the other body can quickly move this legisla- the National Dam Safety Program Act As the events of the last few years have tion to the President’s desk, so that the Com- to conduct an inventory and assess- clearly demonstrated, there is a serious con- mittee on Levee Safety can begin its important ments of all dams nationwide. The Na- cern with the condition of the Nation’s primary work later this summer. tional Inventory of Dams shows that 45 structural flood control measures—the Nation’s I urge my colleagues to support the bill. percent of all Federal dams are at least system of levees. These structures, which Mrs. DRAKE. Madam Speaker, I 50 years old and that 80 percent of range from the Federally constructed and yield back the balance of my time. them are at least 30 years old. maintained levees along the lower Mississippi Ms. EDDIE BERNICE JOHNSON of We know less about the status and River and tributaries, to Federal, State, and Texas. Madam Speaker, I have no fur- capabilities of our levees. There has local levees nationwide, protect our lives and ther requests for time, and I yield back never been a national inventory of lev- livelihoods from the risks of flooding. Within and ask for support for this measure. ees. Little is known about the current the jurisdiction of the Corps of Engineers The SPEAKER pro tempore. The condition of both Federal and non-Fed- alone, there are between 12,000 to 13,000 question is on the motion offered by eral levees, including whether these miles of levees protecting everything from the gentlewoman from Texas (Ms. levees were designed to meet current major metropolitan cities to towns and town- EDDIE BERNICE JOHNSON) that the conditions or whether they have been ships throughout the nation. Without a doubt, House suspend the rules and pass the properly maintained by the non-Fed- the health, safety, and security of countless bill, H.R. 6040. The question was taken; and (two- eral interest. lives depend on the resiliency and upkeep of thirds being in the affirmative) the Over the decades, levees have been these essential structures. rules were suspended and the bill was built by different entities, at different We have all witnessed the result of levee passed. times, and to different standards. They failure. Just 2 years ago, the flood walls sur- A motion to reconsider was laid on have been linked together to provide a rounding three of the canals within the city of the table. protective system, but with such a New Orleans failed, and the result was a mixture of conditions, the true level of major metropolitan city being underwater for f protection may be in doubt. days. Many of the communities impacted by NEW AND EMERGING TECH- Over time, development has taken this failure are still struggling today. NOLOGIES 911 IMPROVEMENT place behind some of these levees so Just this past month, we watched as the riv- ACT OF 2008 much more may be at risk in terms of ers of the Upper Mississippi River and its trib- Mr. GORDON of Tennessee. Madam lives and economic resources. utaries overfilled their banks and resulted in Speaker, I ask unanimous consent to There is so much that we do not the unfortunate loss of life, as well as thou- take from the Speaker’s table the bill know about the levees in America that sands of families losing their homes, their (H.R. 3403) to promote and enhance we cannot be sure how safe our cities cars, and their businesses to the raging wa- public safety by facilitating the rapid and towns really are. We need more in- ters of the Mississippi River. deployment of IP-enabled 911 and E–911 formation. Cognizant of the importance of the Nation’s services, encourage the Nation’s transi- The Water Resources Development system of levees, the Committee on Transpor- tion to a national IP-enabled emer- Act of 2007 included language estab- tation and Infrastructure included a provision gency network, and improve 911 and E– lishing a panel to develop recommenda- within the Water Resources Development Act 911 access to those with disabilities, tions for a National Levee Safety Pro- of 2007 to create a Committee on Levee Safe- with a Senate amendment thereto, and gram. However, the Committee on ty that would be tasked with developing rec- ask for its immediate consideration in Levee Safety is unable to meet since a ommendations for a national levee safety pro- the House. drafting error contained in the Water gram. The Clerk read the title of the bill. Resources Development Act of 2007 in- The Secretary of the Army will establish the The SPEAKER pro tempore. The advertently keeps the Army Corps of committee, and it will develop short-term rec- Clerk will report the Senate amend- Engineers from carrying out important ommendations to Congress for the creation of ment. work. an effective and efficient National Levee Safe- The Clerk read as follows: H.R. 6040 strikes the incorrect lan- ty Program. The House and Senate conferees Senate amendment: guage and replaces it with language on the Water Resources Development Act of Strike out all after the enacting clause and stating the Committee on Levee Safety 2007 agreed on the importance of soliciting insert: can develop its recommendations sub- the recommendations of the Nation’s leading SECTION 1. SHORT TITLE. ject to the availability of appropria- experts in levee safety to aid in the drafting of This Act may be cited as the ‘‘New and tions. a future National Levee Safety Program. The Emerging Technologies 911 Improvement Act of This technical change will allow the 2008’’ or the ‘‘NET 911 Improvement Act of recommendations made by the committee on 2008’’. Corps of Engineers to convene the Levee Safety will be reported to the Com- TITLE I—911 SERVICES AND IP–ENABLED Committee on Levee Safety as soon as mittee on Transportation and Infrastructure. VOICE SERVICE PROVIDERS this bill is enacted. It is my understanding that the Corps has SEC. 101. DUTY TO PROVIDE 911 AND ENHANCED With the recommendations that will been working toward the creation of this com- 911 SERVICE. come from this Committee on Levee mittee, including the identification of a broad The Wireless Communications and Public Safety, the Congress can develop a na- array of experts in levee safety. Unfortunately, Safety Act of 1999 is amended—

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(1) by redesignating section 6 (47 U.S.C. 615b) ‘‘(2) ENFORCEMENT.—The Commission shall ‘‘(6) the format for delivering address informa- as section 7; enforce this section as if this section was a part tion to public safety answering points. (2) by inserting after section 5 the following of the Communications Act of 1934. For purposes ‘‘(i) RULE OF CONSTRUCTION.—Nothing in the new section: of this section, any violations of this section, or New and Emerging Technologies 911 Improve- ‘‘SEC. 6. DUTY TO PROVIDE 9–1–1 AND ENHANCED any regulations promulgated under this section, ment Act of 2008 shall be construed as altering, 9–1–1 SERVICE. shall be considered to be a violation of the Com- delaying, or otherwise limiting the ability of the ‘‘(a) DUTIES.—It shall be the duty of each IP- munications Act of 1934 or a regulation promul- Commission to enforce the Federal actions taken enabled voice service provider to provide 9–1–1 gated under that Act, respectively. or rules adopted obligating an IP-enabled voice service and enhanced 9–1–1 service to its sub- ‘‘(f) STATE AUTHORITY OVER FEES.— service provider to provide 9–1–1 or enhanced 9– scribers in accordance with the requirements of ‘‘(1) AUTHORITY.—Nothing in this Act, the 1–1 service as of the date of enactment of the the Federal Communications Commission, as in Communications Act of 1934 (47 U.S.C. 151 et New and Emerging Technologies 911 Improve- effect on the date of enactment of the New and seq.), the New and Emerging Technologies 911 ment Act of 2008.’’; and Emerging Technologies 911 Improvement Act of Improvement Act of 2008, or any Commission (3) in section 7 (as redesignated by paragraph 2008 and as such requirements may be modified regulation or order shall prevent the imposition (1) of this section) by adding at the end the fol- by the Commission from time to time. and collection of a fee or charge applicable to lowing new paragraph: ‘‘(b) PARITY FOR IP-ENABLED VOICE SERVICE commercial mobile services or IP-enabled voice ‘‘(8) IP-ENABLED VOICE SERVICE.—The term PROVIDERS.—An IP-enabled voice service pro- services specifically designated by a State, polit- ‘IP-enabled voice service’ has the meaning given vider that seeks capabilities to provide 9–1–1 and ical subdivision thereof, Indian tribe, or village the term ‘interconnected VoIP service’ by sec- enhanced 9–1–1 service from an entity with own- or regional corporation serving a region estab- tion 9.3 of the Federal Communications Commis- ership or control over such capabilities, to com- lished pursuant to the Alaska Native Claims sion’s regulations (47 CFR 9.3).’’. ply with its obligations under subsection (a), Settlement Act, as amended (85 Stat. 688) for the SEC. 102. MIGRATION TO IP-ENABLED EMER- shall, for the exclusive purpose of complying support or implementation of 9–1–1 or enhanced GENCY NETWORK. with such obligations, have a right of access to 9–1–1 services, provided that the fee or charge is Section 158 of the National Telecommuni- such capabilities, including interconnection, to obligated or expended only in support of 9–1–1 cations and Information Administration Organi- provide 9–1–1 and enhanced 9–1–1 service on the and enhanced 9–1–1 services, or enhancements zation Act (47 U.S.C. 942) is amended— same rates, terms, and conditions that are pro- of such services, as specified in the provision of (1) in subsection (b)(1), by inserting before the vided to a provider of commercial mobile service State or local law adopting the fee or charge. period at the end the following: ‘‘and for migra- (as such term is defined in section 332(d) of the For each class of subscribers to IP-enabled voice tion to an IP-enabled emergency network’’; Communications Act of 1934 (47 U.S.C. 332(d))), services, the fee or charge may not exceed the (2) by redesignating subsections (d) and (e) as subject to such regulations as the Commission amount of any such fee or charge applicable to subsections (e) and (f), respectively; and prescribes under subsection (c). the same class of subscribers to telecommuni- (3) by inserting after subsection (c) the fol- ‘‘(c) REGULATIONS.—The Commission— cations services. lowing new subsection: ‘‘(1) within 90 days after the date of enact- ‘‘(2) FEE ACCOUNTABILITY REPORT.—To ensure ‘‘(d) MIGRATION PLAN REQUIRED.— ment of the New and Emerging Technologies 911 efficiency, transparency, and accountability in ‘‘(1) NATIONAL PLAN REQUIRED.—No more than Improvement Act of 2008, shall issue regulations the collection and expenditure of a fee or charge 270 days after the date of enactment of the New implementing such Act, including regulations for the support or implementation of 9–1–1 or en- and Emerging Technologies 911 Improvement that— hanced 9–1–1 services, the Commission shall sub- Act of 2008, the Office shall develop and report ‘‘(A) ensure that IP-enabled voice service pro- mit a report within 1 year after the date of en- to Congress on a national plan for migrating to viders have the ability to exercise their rights actment of the New and Emerging Technologies a national IP-enabled emergency network capa- under subsection (b); 911 Improvement Act of 2008, and annually ble of receiving and responding to all citizen-ac- ‘‘(B) take into account any technical, network thereafter, to the Committee on Commerce, tivated emergency communications and improv- security, or information privacy requirements Science and Transportation of the Senate and ing information sharing among all emergency that are specific to IP-enabled voice services; the Committee on Energy and Commerce of the response entities. and House of Representatives detailing the status in ‘‘(2) CONTENTS OF PLAN.—The plan required ‘‘(C) provide, with respect to any capabilities each State of the collection and distribution of by paragraph (1) shall— that are not required to be made available to a such fees or charges, and including findings on ‘‘(A) outline the potential benefits of such a commercial mobile service provider but that the the amount of revenues obligated or expended migration; Commission determines under subparagraph (B) by each State or political subdivision thereof for ‘‘(B) identify barriers that must be overcome of this paragraph or paragraph (2) are nec- any purpose other than the purpose for which and funding mechanisms to address those bar- essary for an IP-enabled voice service provider any such fees or charges are specified. riers; to comply with its obligations under subsection ‘‘(g) AVAILABILITY OF PSAP INFORMATION.— ‘‘(C) provide specific mechanisms for ensuring (a), that such capabilities shall be available at The Commission may compile a list of public the IP-enabled emergency network is available the same rates, terms, and conditions as would safety answering point contact information, in every community and is coordinated on a apply if such capabilities were made available to contact information for providers of selective local, regional, and statewide basis; a commercial mobile service provider; routers, testing procedures, classes and types of ‘‘(D) identify location technology for nomadic ‘‘(2) shall require IP-enabled voice service pro- services supported by public safety answering devices and for office buildings and multi-dwell- viders to which the regulations apply to register points, and other information concerning 9–1–1 ing units; with the Commission and to establish a point of and enhanced 9–1–1 elements, for the purpose of ‘‘(E) include a proposed timetable, an outline contact for public safety and government offi- assisting IP-enabled voice service providers in of costs, and potential savings; cials relative to 9–1–1 and enhanced 9–1–1 serv- complying with this section, and may make any ‘‘(F) provide specific legislative language, if ice and access; and portion of such information available to tele- necessary, for achieving the plan; ‘‘(3) may modify such regulations from time to communications carriers, wireless carriers, IP- ‘‘(G) provide recommendations on any legisla- time, as necessitated by changes in the market enabled voice service providers, other emergency tive changes, including updating definitions, or technology, to ensure the ability of an IP-en- service providers, or the vendors to or agents of that are necessary to facilitate a national IP-en- abled voice service provider to comply with its any such carriers or providers, if such avail- abled emergency network; obligations under subsection (a) and to exercise ability would improve public safety. ‘‘(H) assess, collect, and analyze the experi- ‘‘(h) DEVELOPMENT OF STANDARDS.—The Com- its rights under subsection (b). ences of the public safety answering points and mission shall work cooperatively with public ‘‘(d) DELEGATION OF ENFORCEMENT TO STATE related public safety authorities who are con- safety organizations, industry participants, and COMMISSIONS.—The Commission may delegate ducting trial deployments of IP-enabled emer- the E–911 Implementation Coordination Office authority to enforce the regulations issued gency networks as of the date of enactment of to develop best practices that promote consist- under subsection (c) to State commissions or the New and Emerging Technologies 911 Im- ency, where appropriate, including procedures other State or local agencies or programs with provement Act of 2008; for— jurisdiction over emergency communications. ‘‘(1) defining geographic coverage areas for ‘‘(I) identify solutions for providing 9–1–1 and Nothing in this section is intended to alter the public safety answering points; enhanced 9–1–1 access to those with disabilities authority of State commissions or other State or ‘‘(2) defining network diversity requirements and needed steps to implement such solutions, local agencies with jurisdiction over emergency for delivery of IP-enabled 9–1–1 and enhanced including a recommended timeline; and communications, provided that the exercise of 9–1–1 calls; ‘‘(J) analyze efforts to provide automatic loca- such authority is not inconsistent with Federal ‘‘(3) call-handling in the event of call over- tion for enhanced 9–1–1 services and provide law or Commission requirements. flow or network outages; recommendations on regulatory or legislative ‘‘(e) IMPLEMENTATION.— ‘‘(4) public safety answering point certifi- changes that are necessary to achieve automatic ‘‘(1) LIMITATION.—Nothing in this section cation and testing requirements; location for enhanced 9–1–1 services. shall be construed to permit the Commission to ‘‘(5) validation procedures for inputting and ‘‘(3) CONSULTATION.—In developing the plan issue regulations that require or impose a spe- updating location information in relevant data- required by paragraph (1), the Office shall con- cific technology or technological standard. bases; and sult with representatives of the public safety

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00031 Fmt 0688 Sfmt 6333 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13363 community, groups representing those with dis- 911 Improvement Act of 2008) and equivalent or they can deliver calls and information to 911 abilities, technology and telecommunications successor networks and technologies. The term call centers. providers, IP-enabled voice service providers, also includes any enhanced 9–1–1 service so des- Representative GORDON, the author of H.R. Telecommunications Relay Service providers, ignated by the Commission in its Report and 3403, Representative MARKEY, Chairman of and other emergency communications providers Order in WC Docket Nos. 04–36 and 05–196, or and others it deems appropriate.’’. any successor proceeding.’’. the Subcommittee on Telecommunications and the Internet, Representative BARTON, TITLE II—PARITY OF PROTECTION TITLE III—AUTHORITY TO PROVIDE CUS- Ranking Member of the Committee, Rep- SEC. 201. LIABILITY. TOMER INFORMATION FOR 911 PUR- resentatives UPTON and STEARNS, the former (a) AMENDMENTS.—Section 4 of the Wireless POSES Communications and Public Safety Act of 1999 SEC. 301. AUTHORITY TO PROVIDE CUSTOMER IN- and current Ranking Members of the Sub- (47 U.S.C. 615a) is amended— FORMATION. committee, and I worked very closely with all (1) by striking ‘‘PARITY OF PROTECTION Section 222 of the Communications Act of 1934 stakeholders on this legislation, and it has FOR PROVISION OR USE OF WIRELESS (47 U.S.C. 222) is amended— widespread support among the public safety SERVICE.’’ in the section heading and insert- (1) by inserting ‘‘or the user of an IP-enabled community, industry, and others. ing ‘‘SERVICE PROVIDER PARITY OF PRO- voice service (as such term is defined in section As is clear from the language of the legisla- TECTION.’’; 7 of the Wireless Communications and Public tion, the requirement for interconnection is for Safety Act of 1999 (47 U.S.C. 615b))’’ after ‘‘sec- (2) in subsection (a)— purposes of 911 only and should not be used (A) by striking ‘‘wireless carrier,’’ and insert- tion 332(d))’’ each place it appears in sub- ing ‘‘wireless carrier, IP-enabled voice service sections (d)(4) and (f)(1); to bootstrap access for other reasons. Simi- provider, or other emergency communications (2) by striking ‘‘WIRELESS’’ in the heading of larly, the legislation makes clear that those provider,’’; subsection (f); and who control the legacy gateways to the emer- (B) by striking ‘‘its officers’’ the first place it (3) in subsection (g), by inserting ‘‘or a pro- gency communications system must provide appears and inserting ‘‘their officers’’; vider of IP-enabled voice service (as such term is access, including rights of interconnection, to (C) by striking ‘‘emergency calls or emergency defined in section 7 of the Wireless Communica- those seeking to deliver 911 calls and informa- services’’ and inserting ‘‘emergency calls, emer- tions and Public Safety Act of 1999 (47 U.S.C. tion. Because all stakeholders agreed to the gency services, or other emergency communica- 615b))’’ after ‘‘telephone exchange service’’. tions services’’; legislative language, we fully expect that this Mr. GORDON of Tennessee (during access will not be inhibited by either delay or (3) in subsection (b)— the reading). Madam Speaker, I ask (A) by striking ‘‘using wireless 9–1–1 service litigation. shall’’ and inserting ‘‘using wireless 9–1–1 serv- unanimous consent to dispense with H.R. 3403 also requires the development of ice, or making 9–1–1 communications via IP-en- the reading. a national plan to ensure that the 911 system abled voice service or other emergency commu- The SPEAKER pro tempore. Is there continues to evolve. It is significant that the nications service, shall’’; and objection to the request of the gen- plan will include the participation of first re- (B) by striking ‘‘that is not wireless’’ and in- tleman from Tennessee? sponders, including the emergency commu- serting ‘‘that is not via wireless 9–1–1 service, There was no objection. IP-enabled voice service, or other emergency nications professionals maintaining and using The SPEAKER pro tempore. Is there the system. It is also important that the plan communications service’’; and objection to the original request of the (4) in subsection (c)— will address the needs of the disabilities com- (A) by striking ‘‘wireless 9–1–1 communica- gentleman from Tennessee? munity when they use emergency communica- tions, a PSAP’’ and inserting ‘‘9–1–1 commu- There was no objection. tions. I look forward to reviewing the results of nications via wireless 9–1–1 service, IP-enabled GENERAL LEAVE this work so we can begin to move to the next voice service, or other emergency communica- Mr. GORDON of Tennessee. Madam generation of emergency communications. tions service, a PSAP’’; and Speaker, I ask unanimous consent that I am disappointed that the Senate stripped (B) by striking ‘‘that are not wireless’’ and in- all Members may have 5 legislative serting ‘‘that are not via wireless 9–1–1 service, out one provision of the House-passed version IP-enabled voice service, or other emergency days in which to revise and extend of this legislation that protected proprietary communications service’’. their remarks and to insert extraneous customer information. This provision prohibited (b) DEFINITION.—Section 7 of the Wireless material on the bill under consider- a carrier from using the customer information Communications and Public Safety Act of 1999 ation. that other carriers are required to provide for (as redesignated by section 101(1) of this Act) is The SPEAKER pro tempore. Is there 911 databases for any purpose other than further amended by adding at the end the fol- objection to the request of the gen- emergency communications. I heard no ration- lowing new paragraphs: tleman from Tennessee? al argument against the policy underlying this ‘‘(8) OTHER EMERGENCY COMMUNICATIONS There was no objection. SERVICE.—The term ‘other emergency commu- provision. Nevertheless, in the interest of en- nications service’ means the provision of emer- MOTION OFFERED BY MR. GORDON OF suring that this legislation be enacted swiftly, gency information to a public safety answering TENNESSEE I will support the bill as passed by the Senate. point via wire or radio communications, and Mr. GORDON of Tennessee. Madam I intend, however, to take this matter up again may include 9–1–1 and enhanced 9–1–1 service. Speaker, I have a motion at the desk. in the future. We owe it to consumers to en- ‘‘(9) OTHER EMERGENCY COMMUNICATIONS The SPEAKER pro tempore. The sure that their emergency communications SERVICE PROVIDER.—The term ‘other emergency Clerk will report the motion. system does not become a playground for communications service provider’ means— The Clerk read as follows: ‘‘(A) an entity other than a local exchange competitive shenanigans. carrier, wireless carrier, or an IP-enabled voice Mr. Gordon of Tennessee moves that the H.R. 3403 is a forward-looking bill that en- service provider that is required by the Federal House concur in the Senate amendment to sures that consumers using VolP service are Communications Commission consistent with the H.R. 3403. able to access 911 as easily as consumers Commission’s authority under the Communica- Mr. DINGELL. Madam Speaker, I rise in using wireline or wireless services. Each of its tions Act of 1934 to provide other emergency support of H.R. 3403, the ‘‘New and Emerging elements—giving VoIP providers access to the communications services; or Technologies 911 Improvement Act of 2008’’. components they need to provide 911 service; ‘‘(B) in the absence of a Commission require- This legislation ensures that consumers extending to VoIP providers, public safety offi- ment as described in subparagraph (A), an enti- using Voice over Internet Protocol technology, ty that voluntarily elects to provide other emer- cials, and end users the liability protections gency communications services and is specifi- or VoIP, can make full use of the 911 system currently afforded to wireline and wireless cally authorized by the appropriate local or in two important ways. First, the legislation ex- services; and requiring a plan for the contin- State 9–1–1 service governing authority to pro- tends the same liability protections afforded to ued evolution of the emergency communica- vide other emergency communications services. wireline and wireless carriers, public safety, tions system—is a worthy victory for all con- ‘‘(10) ENHANCED 9–1–1 SERVICE.—The term ‘en- and end users to VoIP service. This parity in sumers. I commend Representative GORDON hanced 9–1–1 service’ means the delivery of 9–1– liability protections will encourage service pro- for his years of dedication to this important 1 calls with automatic number identification viders, public safety, and end users to con- issue and hail this success, from which all and automatic location identification, or suc- cessor or equivalent information features over tinue to rely on the 911 emergency commu- Americans will reap benefits for years to the wireline E911 network (as defined in section nications system, regardless of the technology come. 9.3 of the Federal Communications Commission’s used to make a 911 call. Second, the legisla- Mr. GORDON of Tennessee. Madam regulations (47 C.F.R. 9.3) as of the date of en- tion ensures that VolP providers can inter- Speaker, I rise today to offer unanimous con- actment of the New and Emerging Technologies connect with legacy telephone networks so sent to consider the Senate amendment to

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00032 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13364 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 H.R. 3403, the New and Emerging Tech- nology, Motorola, Intrado, the TeleCommuni- Resolved, That the House of Representa- nologies 911 Improvement Act of 2008. cations Systems, Inc., and the U.S. Tele- tives— When Americans dial 911, they expect the communications Association. (1) honors and recognizes the valedic- call will go through, regardless of what phone I want to thank the Energy and Commerce torians and graduating seniors of the class of Committee and its staff for the bipartisan effort 2008 for their academic achievements and they use. That is why Congress acted in 1999 contributions to their communities; and 2004 to ensure all Americans had access to move this bill quickly. (2) encourages all valedictorians and grad- to 911 services on their wireless phones. I also want to thank Senator TED STEVENS, uating seniors to further their intellectual Congress now needs to act to ensure that Senator BILL NELSON, the Senate sponsor of inquiry and academic studies in universities all Americans have access to lifesaving 911 the bill, and the co-chairs of E–911 Congres- and postsecondary educational institutions; services on their Voice over the Internet Pro- sional Caucus Representative ANNA ESHOO, and tocol or VoIP phones and other new tech- Representative JOHN SHIMKUS, Senator HIL- (3) supports the continued social engage- nologies. LARY CLINTON. ment of valedictorians and graduating sen- Working collaboratively with public safety, iors, which utilizes their knowledge and When I first drafted this legislation in 2005, skills for the betterment of their commu- the intent was to integrate VoIP phones into the deaf and disabled community and the communications industry, we have produced a nities and the social, cultural, and economic the Nation’s 911 system. Since then the bill advancement of the Nation. has been expanded to include nonvoice tech- bill that will greatly improve 911 services in America today and for the future. The SPEAKER pro tempore. Pursu- nologies used by the deaf and hard of hearing I’ll close by encouraging my colleagues to ant to the rule, the gentleman from community and other innovative technologies vote for this bill. Maryland (Mr. SARBANES) and the gen- that will exponentially improve public safety for The motion was agreed to. tlewoman from North Carolina (Ms. all Americans. A motion to reconsider was laid on FOXX) each will control 20 minutes. Specifically, the bill will provide VoIP phone the table. The Chair recognizes the gentleman service providers direct access to the 911 sys- f from Maryland. tem at the same rates, terms and conditions, GENERAL LEAVE RECOGNIZING HIGH SCHOOL VAL- as wireless phone providers. The bill also au- Mr. SARBANES. Madam Speaker, I EDICTORIANS OF GRADUATING thorizes VoIP service providers to share cus- request 5 legislative days during which CLASS OF 2008 tomer location information with public safety Members may revise and extend and in- answering points, PSAPs. This will ensure Mr. SARBANES. Madam Speaker, I sert extraneous material on H. Res. VoIP services providers can provide full E–911 move to suspend the rules and agree to 1229 into the RECORD. services to their customers. the resolution (H. Res. 1229) recog- The SPEAKER pro tempore. Is there The bill extends existing State laws pro- nizing the achievements of America’s objection to the request of the gen- tecting 911 calls made using wireline and high school valedictorians of the grad- tleman from Maryland? wireless phones to not only VoIP 911 calls, uating class of 2008, promoting the im- There was no objection. but also to any service obligated by the FCC portance of encouraging intellectual Mr. SARBANES. Madam Speaker, I to provide 911 in future, and any service that growth, and rewarding academic excel- yield myself as much time as I may coordinates with local 911 authorities to offer lence of all American high school stu- consume. voluntary 911 emergency services. This will in- dents, as amended. Madam Speaker, I rise today in sup- clude Video Relay Services and text service The Clerk read the title of the resolu- port of H. Res. 1229, which recognizes used by the deaf and hard of hearing, and tion. the achievements of America’s high new car based 911 services. The text of the resolution is as fol- school valedictorians of the graduating By doing this, we will encourage the rapid lows: class of 2008. I am pleased to honor deployment of innovative new lifesaving 911 H. RES. 1229 these outstanding individuals, as well technologies, rather than wait for Congress to Whereas valedictorians are conferred as as encourage the pursuit of high aca- extend essential liability protections to new the highest academically-ranked student in demic honors. technologies. their high school’s graduating class; Today, as we recognize our valedic- The bill preserves State, Tribal and local Whereas our Nation’s secondary schools torians, we reaffirm our commitment governments’ authority to levy 911 fees and honor their highest academically ranked stu- dents with the ‘‘valedictorian’’ title; to education and encourage our youth stops such fees from being diverted for non Whereas valedictorians have demonstrated to discover the many learning opportu- 911 purposes. consistency in their intellectual inquiry, nities they will encounter throughout Finally, the legislation seeks to modernize academic discipline, and utilization of teach- their lives. I hope that by saluting the Nation’s 911 system by requiring the Na- er mentoring throughout their high school these valedictorians we help make high tional 911 Coordination Office to establish a careers; achievement infectious and help every national plan to move to an IP-based emer- Whereas valedictorians serve as peer role student appreciate the countless oppor- gency response network, and allowing 911 models to fellow high school students by suc- tunities that await them beyond high PSAP grants to be used for IP-based equip- ceeding academically and contributing to community improvement; school. ment. Whereas valedictorians are charged with Valedictorians are not only the high- Today’s 911 system uses 30-year-old wire the duty of giving a graduation speech that est academically ranked students in and switch technology. Moving to an IP-based reflects upon the intellectual development their class; they are also peer role mod- system will enable PSAPs for the first time to and community involvement of the grad- els who represent the ideals of their be interoperable with each other and other uating class and inspires all graduating stu- families and communities. They in- first responders. It will also allow them to han- dents to further their academic studies and spire fellow classmates to become in- dle a range of technologies—digital or analog, social engagement; volved in improving the community wireless phone, video, text messaging, data, Whereas numerous valedictorians and and motivate their peers to achieve graduating seniors will further their intel- satellite, VoIP, translation services and even lectual interests and academic studies by en- academically. maps of buildings. And it will allow PSAPs to rolling in universities and postsecondary Long after high school, the title of stay operating even if the phone system goes educational institutions; valedictorian is still upheld as a sig- down or their physical locations are destroyed. Whereas family members, teachers, school nificant accomplishment. By recog- Events like 9/11 and Hurricane Katrina where administrators, and community members nizing the accomplishments of this 911 systems were overwhelmed highlight why have nurtured the intellectual growth and year’s high school valedictorians, I a robust IP based 911 system must be a pri- rewarded the academic achievements of val- hope to support and promote inquiry ority. edictorians and graduating seniors; and and learning across our Nation. I know Whereas valedictorians and graduating that this year’s valedictorians, and all H.R. 3403 is supported by the National seniors will become America’s future civic, Emergency Numbering Association, the VON business, and political leaders, maintaining graduating seniors at our Nation’s high Coalition, the National Cable & Telecommuni- our Nation’s global leadership position and schools, are our future leaders. We owe cations Association, Earthlink, Inc, the Coali- strengthening its economic competitiveness: it to these students to give them the tion of Organizations for Accessible Tech- Now, therefore, be it best education we can and celebrate

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13365 high school graduation as an important of 2008, I think it’s important that we duction of oil and natural gas in an en- step toward achieving their goals. think about what the Democrats are vironmentally safe way. Madam Speaker, I congratulate this doing now in the House of Representa- And we promote unconventional fuels year’s valedictorians and everyone in tives that are going to affect their fu- such as coal-to-liquid technology by re- the graduating class of 2008. I urge my ture. I think that we have to reflect on covering our vast oil shale reserves and colleagues to support this resolution. the fact that the Democrat majority’s increasing access for environmentally I reserve the balance of my time. ‘‘just say no’’ energy policy certainly responsible development of conven- Ms. FOXX. Madam Speaker, I yield darkens America’s energy future: tional and unconventional domestic oil myself such time as I may consume. No production of American energy and natural gas production. I rise today in support of House Reso- resources, which increases reliance on We want to provide coal-to-liquids fi- lution 1229, recognizing the achieve- unstable foreign sources such as Ven- nancing and tax incentives. We want to ments of America’s high school val- ezuela, Iran and Saudi Arabia. advance the commercialization of the edictorians of the graduating class of No new oil refineries built, which in- Nation’s 2 trillion barrel shale oil re- 2008, promoting the importance of en- creases gas prices and reliance on im- source, 80 percent of which occurs on couraging intellectual growth, and re- ported fuel. government-owned land in the West. warding academic excellence of all No new transmission lines, which This is enough to supply all of Amer- American high school students. hinders renewable electricity getting ica’s needs for over two centuries. Valedictorians are the highest aca- to consumers and reduces reliability. demically ranked students in their We are promoting new, clean and re- No new coal power plants, which in- liable power generation. We encourage high school’s graduating class. These creases electricity prices and stifles students have demonstrated consist- more production of environmentally the economy. safe energy to increase the use of our ency in their intellectual inquiry, aca- No new advanced zero-emission nu- demic discipline, and utilization of vast domestic supply, reduce emis- clear plants, which blocks one of the sions, and keep coal-dependent commu- teacher mentoring throughout their cleanest, most reliable energy sources high school careers. nities strong. available. We want to expand emissions-free nu- b 1700 No new zero-emission hydroelectric clear power, including long-term nu- They serve as peer role models to fel- plants, which blocks reliable clean en- clear waste storage solutions and recy- low high school students by succeeding ergy. cling spent fuel by providing produc- No liquefied natural gas terminals, academically and contributing to a tion and investment tax credits for all which increases prices and ships jobs culture of excellence in their schools. new base-load electricity products such overseas. Valedictorians are charged with the as advanced nuclear power and clean Democrats’ prohibition on producing duty of giving a graduation speech that coal, and allowing immediate expens- American energy resources have made reflects upon the intellectual develop- ing for new renewable or zero-emission the U.S. more reliant on imported oil ment and community involvement of power. the graduating class and inspires all and natural gas. Democrats’ roadblocks on the utiliza- We want to cut red tape and increase graduating students to further their the supply of American-made fuel and academic studies and social engage- tion of energy from our North Amer- ican neighbors have made the U.S. energy by expediting permitting for en- ment. These students enjoy the support hanced oil recovery projects, including of family members, teachers, school more reliant on the Organization of Pe- CO2 delivery and injection, as well as administrators and community mem- troleum Exporting Countries, OPEC. Democrats’ unfavorable tax rules permitting for new refining capacity. bers who have nurtured their intellec- We want to improve environmental tual growth and rewarded their aca- have sent energy investment and pro- duction abroad. review and permitting to encourage the demic achievements. This class of sen- deployment of technologies which in- iors will become America’s future Democrats’ unnecessary red tape and bureaucracy have made it nearly im- crease the efficiency of existing power civic, business and political leaders, plants. maintaining our Nation’s global leader- possible to move forward on new clean power generation. And we want to end ill-advised poli- ship position and strengthening its eco- cies that have led to the proliferation nomic competitiveness. Democrats’ 1970s-era energy policies have cancelled dozens of power plants, of unique gasoline and diesel fuel for- Today I want to especially honor and mations known as ‘‘boutique fuels’’ recognize the valedictorians and grad- reducing electricity supplies and in- creasing electricity costs to con- which have fragmented our motor fuels uating seniors of the class of 2008. They distribution system, choked off supply, have all worked very hard to accom- sumers. Democrats’ refusal to provide incen- and exacerbated the already painful plish the goals they reached on high Pelosi Premium. school graduation day. I know this is tives for individuals and businesses has We are encouraging greater energy not the first outstanding accomplish- made it difficult to invest in efficient efficiency by offering conservation tax ment for many of these young people, technologies. incentives. We support technologies to and I am equally certain it will not be But Republicans have solutions that help increase energy efficiency in all the last. will fix this problem. We then can look I encourage all valedictorians and all at meeting our energy needs with sectors of the American economy, in- graduating seniors to further their in- American-made energy in the future. cluding removing bureaucratic regu- tellectual inquiry and academic studies The comprehensive House Republican latory barriers that prevent businesses in universities and post-secondary edu- plan will fund research and develop- from upgrading their facilities with cational institutions across the Nation. ment of technologies and innovations newer, more efficient energy tech- To all graduating seniors, I want to which advance the use of renewable nologies. say congratulations on your many ac- and domestically available energy We want to make home energy effi- complishments, and enjoy your sum- sources, increase energy efficiency, and ciency upgrades tax deductible, provide mer. ease the environmental impacts of en- incentives for homebuilders and home- I ask my colleagues to support this ergy use. owners to make their homes more en- resolution. We will increase the production of ergy efficient, offer investment expens- Madam Speaker, I reserve the bal- American-made energy in an environ- ing for industrial and commercial ance of my time. mentally safe way. building efficiency upgrades, extend Mr. SARBANES. Madam Speaker, I We support actions that reduce the residential and business solar and reserve the balance of my time. America’s dependence on energy from fuel cell investment tax credits, with Ms. FOXX. Madam Speaker, as we re- unstable foreign governments and dic- enhancements to the residential solar flect on the valedictorians of the class tatorships by increasing domestic pro- credit ($2,000 per 1⁄2 kilowatt installed),

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13366 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 extend the fiber-optic distributed sun- rewarding academic excellence of all Amer- dren’s Caucus, a Representative of the people light investment tax credit, and in- ican high school students, introduced by my of the United States, and a mother of two, I crease energy efficiency of govern- distinguished colleague from New York, Rep- am proud to cosponsor this legislation and I ment-owned facilities. resentative GREGORY MEEKS, of which I am a urge my colleagues to join me in supporting With that, Madam Speaker, I yield proud cosponsor. This bill is an important step this legislation. back the balance of my time. in continuing and promoting the excellent sec- Mr. MEEKS of New York. Madam Speaker, Mr. SARBANES. Madam Speaker, for ondary education that our nation provides. I rise today to recognize and honor the too long our Nation has been captive of This legislation recognizes the fine accom- achievements of America’s high school val- the interests that are preserving de- plishments of the graduating class of 2008 edictorians and the graduating class of 2008. pendence on fossil fuels. and commends them for their intellectual pur- With House Resolution 1229, I know that I What’s so exciting about what is hap- suits as well as their academic achievements. capture the sentiment of all Members of the pening with the younger generation, This bill, furthermore, recognizes the family 110th Congress in promoting the importance among them these valedictorians that members, teachers, school administrators, and of intellectual growth and the academic excel- we’re saluting today, is they’re really community members that have nurtured the lence of America’s graduating high school stu- getting out on the cutting edge in intellectual growth and rewarded the academic dents. In my southeast Queens community, terms of thinking about the green rev- achievements of this year’s valedictorians and New York’s Sixth Congressional District, I per- olution, about new energy tech- graduating seniors. sonally know that great achievements have nologies. And they’re the ones, I think, This year, valedictorians across America taking place in the high schools servicing my that are going to join with enlightened have succeeded in tremendous academic en- young constituents. My district’s graduating policy makers across the country to deavors. Whether by inspiring their fellow seniors have achieved a major milestone in make sure that we liberate ourselves classmates to study a little longer for a test, or their educational and social development. With from that dependence on fossil fuels by tutoring them to write an essay, valedic- this accomplishment, I now encourage these and we move forward and explore alter- torians have acted as noteworthy role models young adults to take their next major step to- natives to that, which is really going to their peers. Furthermore, through their hard wards becoming our Nation’s future leaders to be the solution to our energy crisis work and dedications, they have enriched their and engaged citizens by entering higher edu- over time. academic communities. cation institutions or by beginning their young So again, for all they’re doing and for It is further important that we recognize that careers. For this graduation celebration, I want to stepping up as they do every day and valedictorians often engage in extracurricular specifically recognize the stellar accomplish- demonstrating incredible accomplish- activities, enriching their local communities ments of our Nation’s high school Valedic- ments, I want to salute the valedic- and the nation by furthering economic, cul- torians. Each year, every high school recog- torians of the class of 2008 and encour- tural, and social accomplishments. By volun- nizes an individual student who has risen age my colleagues to support H. Res. teering their time in soup kitchens, acting as above his or her fellow students through their 1229. captain of the soccer team or chess club, or consistency of intellectual inquiry, in their dem- Mr. GRIJALVA. Madam Speaker, today, we simply taking an after-school job, valedic- onstration of academic discipline, and their uti- rightly honor the hard work and achievements torians learn more than math and English, lization of teacher mentoring. Through their of this year’s valedictorians, salutatorians and they learn to contribute significantly to our so- dedication and hard work, these students have graduates all across the Nation. I wish to rec- ciety. attained the position of top academically As Chair of the Congressional Children’s ognize their dedication and the contributions to ranked student within their graduating class their community. By completing a high school Caucus, I recognize the importance of today’s and are honored as the ‘‘Valedictorian’’ at their diploma, the future for these students has be- youth. Valedictorians as well as graduating graduation ceremony. Throughout their high come considerably brighter. seniors of 2008 will become the future busi- school careers, Valedictorians have served as I also wish to take a moment to reflect on nessmen, leaders, teachers, and scientists peer role models to fellow high school stu- largo group of valedictorians, salutatorians and that lead this nation. They will use their ex- dents by succeeding academically and contrib- graduates who, despite high school success traordinary talents to make the world a better uting to community improvement. It is their ex- and graduation, will be shut out of many of the place. As thus, it is important for them to con- ample that shines clearly to their fellow stu- opportunities for a prosperous future that we tinue to cultivate their strengths by attending dents and community members, dem- promise to our children for their hard work. one of the many universities that this great na- onstrating the dedication and drive that it I am referring to the many valedictorians, tion has to offer. I support this legislation that takes to become America’s future civic, busi- salutatorians and graduates who have worked encourages valedictorians and the graduating ness, and political leaders, and maintaining hard in the communities they have known their class of 2008 as a whole, to further their intel- our Nation’s global leadership position through whole lives, played by the rules, excelled in lectual inquiry and academic studies beyond strengthening its economic competitiveness. school and, because of their undocumented their secondary education. During this graduation season, let us not status, will be systematically cut off from the With over 15,000 of our nation’s schools forget that no child achieves alone, but rather opportunities that are afforded to successful recognizing this year’s valedictorians as the it takes an entire community to rear a socially students like them. Through no fault of their highest academically-ranked students in their and educationally mature child. Along with our own, these bright, intelligent, model students graduating class, the members of Congress, Nation’s valedictorians and graduating class, I will be caught in limbo—denied an opportunity as representatives of our nation, must recog- want to recognize and honor the love, support, to pursue success and, in so doing, to serve nize these talented individuals for their hard and contributions of the parents, community our country. work. By doing so, we demonstrate the impor- members, teachers, and school administrators, These students are confronted with a lesson tance of education and show our support for who have provided these students with the re- that high schools do not teach—that because the continued hard work of students across sources and guidance needed to achieve. It of a status that was not of their choosing, their the country. Without this official recognition, has been the selfless contributions of these in- achievements are worth less than the achieve- talented youth may not feel support which can dividuals who have nurtured the intellectual ments of their friends and classmates. This is push them to achieve high goals, such as past growth and rewarded the academic achieve- a cruel lesson indeed; the lesson that they valedictorians and the valedictorians of the ments of our Nation’s valedictorians and grad- have grown up in a social caste; that despite 2008 graduating class have achieved. I feel uating seniors. America’s promise of prosperity for hard work, strongly that this bill is a step toward providing In closing, I make the call to all graduating that no matter what their educational suc- support for students. seniors to further their intellectual interests cess—they will be branded ‘‘untouchables’’. This legislation is imperative to recognizing and academic studies by enrolling in univer- Ms. JACKSON-LEE of Texas. Madam the achievement of the graduating class of sities and postsecondary educational institu- Speaker, I rise today in support of H. Res. 2008, supporting social engagements by grad- tions and to continue their social engagement, 1229, recognizing the achievements of Amer- uating seniors to better our communities, and utilizing their knowledge and skills for the bet- ica’s high school valedictorians of the grad- promoting continued intellectual pursuits by terment of their communities and the social, uating class of 2008, promoting the impor- these men and women at colleges and univer- cultural, and economic advancement of our tance of encouraging intellectual growth, and sities. As the Chair of the Congressional Chil- great Nation.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00035 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13367 Mr. SARBANES. Madam Speaker, I Whereas a host of prominent musicians in- Stone Magazine named him one of the yield back the balance of my time. cluding Chuck Berry, Bo Didley, B.B. King, 100 greatest artists of all time. The SPEAKER pro tempore. The Ray Charles, James Brown, and Sonny Rol- Though Jordan passed away in 1975, question is on the motion offered by lins have counted him as an influence; his legacy flourishes through the work Whereas he was inducted into the Rock the gentleman from Maryland (Mr. and Roll Hall of Fame in Cleveland, Ohio, in of other artists. He helped shape rock SARBANES) that the House suspend the 1987; and roll. On this day, I would like to rules and agree to the resolution, H. Whereas in 2004, Rolling Stone Magazine commemorate Jordan’s work. Let us Res. 1229, as amended. named him one of the 100 Greatest Artists of recognize his contribution by honoring The question was taken; and (two- All Time; and his 100th birthday. thirds being in the affirmative) the Whereas Louis Jordan will be highlighted I urge support of this resolution. rules were suspended and the resolu- on a United States Postal Service stamp, as Madam Speaker, I reserve the bal- tion, as amended, was agreed to. part of the 2008 commemorative stamp pro- ance of my time gram: Now, therefore, be it Ms. FOXX. Madam Speaker, I yield A motion to reconsider was laid on Resolved, That the United States House of the table. Representatives— myself such time as I may consume. f (1) honors the life of Louis Jordan, on the Madam Speaker, I rise today in sup- 100th anniversary of his birth; and port of House Resolution 1242, honoring HONORING THE LIFE OF LOUIS (2) recognizes his important contributions the life, musical accomplishments and JORDAN ON THE 100TH ANNIVER- to American music as a musician, composer, contributions of Louis Jordan on the SARY OF HIS BIRTH and entertainer. 100th anniversary of his birth. Mr. SARBANES. Madam Speaker, I The SPEAKER pro tempore. Pursu- Louis Thomas Jordan, vocalist, move to suspend the rules and agree to ant to the rule, the gentleman from bandleader and saxophonist, ruled the the resolution (H. Res. 1242) honoring Maryland (Mr. SARBANES) and the gen- charts, stage, screen and airwaves of the life, musical accomplishments, and tlewoman from North Carolina (Ms. the 1940s and profoundly influenced the contributions of Louis Jordan on the FOXX) each will control 20 minutes. creators of R&B, rock and roll, and 100th anniversary of his birth. The Chair recognizes the gentleman post-World War II blues. The Clerk read the title of the resolu- from Maryland. Jordan was born July 8, 1908 in tion. GENERAL LEAVE Brinkley, Arkansas. His father, James The text of the resolution is as fol- Mr. SARBANES. Madam Speaker, I Aaron Jordan, led the Brinkley Brass lows: request 5 legislative days during which Band. His mother died when he was H. RES. 1242 Members may revise and extend and in- young. Whereas Louis Thomas Jordan was born sert extraneous material on H. Res. Jordan studied music under his fa- July 8, 1908, in Brinkley, Arkansas; 1242 into the RECORD. ther and showed promise in horn play- Whereas he studied music as a young child The SPEAKER pro tempore. Is there ing, especially clarinet and saxophone. under his father James Aaron Jordan, who objection to the request of the gen- Due to World War I, there were vacan- was the bandleader of the Brinkley Brass tleman from Maryland? cies in his father’s band, so Jordan Band; There was no objection. filled in. Soon he was good enough to Whereas in the late 1920s he attended Ar- Mr. SARBANES. I yield myself such join his father in a professional trav- kansas Baptist College in Little Rock, Ar- eling show touring Arkansas, Ten- kansas, and majored in music; time as I may consume. Whereas he joined Chick Webb’s Savoy Madam Speaker, I rise today in sup- nessee and Missouri instead of doing Ballroom band in 1936 in New York where he port of H. Res. 1242, which honors the farm work when school closed. played saxophone and performed occasion- life and recognizes the importance of Jordan briefly attended Little Rock’s ally as a singer; Louis Jordan and his contributions to Arkansas Baptist College in the 1920s Whereas in 1938 he started his own band, America as a musician, composer and and performed with Jimmy Pryor’s Im- the Elks Rendez-Vous Band, and in 1939 he entertainer. perial Serenaders. He played saxophone changed the name of the group to the Tym- July 8, 2008 will be Louis Jordan’s and clarinet with them, as well as Bob pany Five; 100th birthday, the celebration of his Alexander’s Harmony Kings. Whereas his prolific musical career con- sists of 54 hit singles including, ‘‘Five Guys 100th birthday. And in celebration of In the 1930s, based in Philadelphia, Named Moe’’, ‘‘Let the Good Times Roll’’, this day, we should recognize Jordan’s Jordan found work in the Charlie ‘‘Don’t Let the Sun Catch You Cryin’ ’’, and contributions to this country. Gaines Band playing clarinet, and so- ‘‘Barnyard Boogie’’, and 18 number 1 hits on Louis Jordan, born in 1908, is a prano and alto sax, in addition to doing Billboard’s R&B chart including ‘‘Beans and Brinkley, Arkansas native. Under the vocals, which he recorded and toured Cornbread’’, ‘‘Run Joe’’, ‘‘Ain’t That Just musical tutelage of his father, who was with Louis Armstrong. During this Like A Woman’’, ‘‘Blue Light Boogie’’, and a local band leader, music found Jor- time, Jordan also learned baritone sax, the 1946 hit ‘‘Choo Choo Ch’Boogie’’, which dan at an early age. He expanded and and he joined nationally popular drum- topped the Billboard’s R&B chart for 18 weeks; mastered formal components of music mer Chuck Webb’s Savoy Ballroom Whereas 15 of his hits made it onto the Pop through his collegial experience at Ar- Band featuring Ella Fitzgerald. charts, including ‘‘Baby It’s Cold Outside’’, kansas Baptist College in Little Rock. Jordan created his own band, which ‘‘Caldonia’’, ‘‘Is You Is or Is You Ain’t My Jordan majored there in music. He was called Tympany Five, regardless of Baby’’, ‘‘Ain’t Nobody Here But Us Chick- learned to play the saxophone, sing, number of pieces. The small size of ens’’, ‘‘Buzz Me’’, and ‘‘Beware’’; and entertain audiences through his Tympany Five made it innovative Whereas he actively recorded for the personal experiences and watching his structurally and musically in the Big Armed Forces Radio Service and the V–Disc father. Band era. program during World War II, and one of the Highly touted musicians, such as Among the first to join electric gui- his songs recorded during this period, ‘‘G.I. Jive’’, was number 1 on the Pop chart for 2 B.B. King, Ray Charles, James Brown, tar and bass with horns, Jordan set the weeks; Chuck Berry, Bo Diddley and Sonny framework for decades of future R&B Whereas he was featured in a variety of Rollins, all pointed to Jordan as an in- and rock combos. Endless rehearsals, short musical films in the 1940s, such as the fluence on their own careers. His pro- matching suits, dance moves, and rou- 1945 short film ‘‘Caldonia’’, and played cameo lific musical success consists of 54 hit tines built around songs made the band roles in movies like ‘‘Follow the Boys’’ and singles and 18 number one songs on Jordan’s singular brand of sophisti- ‘‘Swing Parade of 1946’’; Billboard’s R&B charts. Two short mu- cated, yet down-home, jump blues and Whereas his 1949 recording of ‘‘Saturday sical films were centered around his vocals made it a success. Night Fish Fry’’ was one of the earliest mu- sical examples of what would later become songs. In the 1940s, Jordan released dozens known as ‘‘Rock and Roll’’; Inducted into the Rock and Roll Hall of hit songs, including the swinging Whereas he died on February 4, 1975, in Los of Fame in 1987, Jordan’s contribution ‘‘Saturday Night Fish Fry,’’ one of the Angeles, California; to his art is immeasurable. Rolling earlier and most powerful contenders

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13368 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 for the title of ‘‘First Rock and Roll the heritage of what he did without three times. He started singing the Record,’’ ‘‘Blue Light Boogie,’’ the talking specifically about these songs. songs and knew the lyrics of many of comic classic ‘‘Ain’t Nobody Here But Let me go through the list of hits brief- these songs, even though Louis Jordan Us Chickens,’’ ‘‘Buzz Me,’’ ‘‘Ain’t That ly here today. died over 30 years ago. Just Like a Woman,’’ ‘‘Caldonia,’’ and His career began in the early days of I appreciate the efforts by the major- the million-dollar seller, ‘‘Choo Choo World War II, some dark years for ity and minority today to bring this Ch’Boogie.’’ America. The 1942 hits included ‘‘I’m bill to the floor, and today we salute a remarkable American: Louis Jordan. b 1715 Gonna Leave You on the Outskirts of Town’’ and ‘‘What’s the Use of Getting Ms. FOXX. Madam Speaker, I have Jordan died in Los Angeles, Cali- Sober (When You Gonna Get Drunk no further requests for time, and I fornia, in 1975. A host of prominent mu- Again).’’ yield back the balance of my time. sicians claimed his influence, including In 1943: ‘‘The Chicks I Pick are Slen- Mr. SARBANES. Madam Speaker, I Ray Charles, James Brown, Bo Diddley, der and Tender and Tall,’’ ‘‘Five Guys want to thank my colleague from Ar- and Chuck Berry. His songs have ap- Named Moe,’’ ‘‘That’ll Just ’Bout kansas for that wonderful history on peared in commercials, TV, and movies Knock Me Out,’’ ‘‘Ration Blues.’’ Louis Jordan, and I want to urge my and have been recorded by dozens of In 1944: ‘‘G.I. Jive,’’ ‘‘Is You Is or Is colleagues to support H. Res. 1242. popular artists. Louis Jordan leaves a You Ain’t My Baby.’’ Madam Speaker, I yield back the bal- musical legacy that influences popular In 1945: ‘‘Mop! Mop!,’’ ‘‘You Can’t Get ance of my time. music as we know it today. That No More,’’ ‘‘Caldonia,’’ ‘‘Some- The SPEAKER pro tempore. The I ask my colleagues to support this body Done Changed the Lock on My question is on the motion offered by resolution. Door,’’ ‘‘My Baby Said Yes.’’ the gentleman from Maryland (Mr. Madam Speaker, I reserve the bal- And then truly the remarkable year SARBANES) that the House suspend the ance of my time. of 1946 in which he had 13 hits: ‘‘Buzz rules and agree to the resolution, H. Mr. SARBANES. Madam Speaker, it Me’’; ‘‘Don’t Worry ’Bout That Mule’’; Res. 1242. is my privilege now to yield such time ‘‘Salt Pork, West Virginia’’; ‘‘Recon- The question was taken. The SPEAKER pro tempore. In the as he may consume to the sponsor of version Blues’’; ‘‘Beware (Brother, Be- opinion of the Chair, two-thirds being this bill, the gentleman from Arkansas ware)’’; ‘‘Don’t Let the Sun Catch You in the affirmative, the ayes have it. (Mr. SNYDER). Cryin’’’; ‘‘Stone Cold Dead in the Mar- Mr. SARBANES. Madam Speaker, on Mr. SNYDER. Proudly today, Madam ket (He Had it Coming)’’; ‘‘Petootie Speaker, the House of Representatives that I demand the yeas and nays. Pie’’; ‘‘Choo Choo Ch’Boogie’’; ‘‘That The yeas and nays were ordered. solutes another great American, ac- Chick’s Too Young to Fry’’; ‘‘Ain’t The SPEAKER pro tempore. Pursu- knowledging the contributions of a re- That Just Like a Woman (They’ll Do It ant to clause 8 of rule XX and the markable man to our great country. Every Time)’’; ‘‘Ain’t Nobody Here But Chair’s prior announcement, further Entertainers reflect the rich history Us Chickens’’; ‘‘Let the Good Times proceedings on this motion will be of America, and their stories, their per- Roll.’’ postponed. sonal stories, tell our story. No more And then on to 1947: ‘‘Texas and Pa- f worthy among these is Arkansas native cific’’; ‘‘I Like ’Em Fat Like That’’; Louis Jordan, a musician, songwriter, ‘‘Open the Door, Richard!’’; ‘‘Jack, RECOGNIZING PITTSFIELD, MAS- entertainer, and even movie performer. You’re Dead’’; ‘‘I Know What You’re SACHUSETTS, AS BEING HOME Nothing could stifle this remarkably Puttin’ Down’’; ‘‘Boogie Woogie Blue TO THE EARLIEST KNOWN REF- talented man, not racial bigotry or up- Plate’’; ‘‘Early in the Mornin’’’; ‘‘Look ERENCE TO THE WORD ‘‘BASE- bringing a century ago in rural Arkan- Out.’’ BALL’’ sas. In 1948: ‘‘Barnyard Boogie’’; ‘‘How Mr. SARBANES. Madam Speaker, I Louis Jordan was born July 8, 1908, in Long Must I Wait for You’’; ‘‘Reet, Pe- move to suspend the rules and agree to Brinkley, Arkansas, and in the late tite and Gone’’; ‘‘Run Joe’’; ‘‘All for the resolution (H. Res. 1050) recog- 1920s he attended Arkansas Baptist the Love of Lil’’; ‘‘Pinetop’s Boogie nizing Pittsfield, Massachusetts, as College where I live, in Little Rock, Woogie’’; ‘‘Don’t Burn the Candle at being home to the earliest known ref- Arkansas, and majored in music. He be- Both Ends’’; ‘‘We Can’t Agree’’; erence to the word ‘‘baseball’’ in the came a songwriter, performer, and ‘‘Daddy-O’’; ‘‘Pettin’ and Pokin’.’’ United States as well as being the movie actor. He actively recorded for In 1949: ‘‘Roamin’ Blues’’; ‘‘You birthplace of college baseball, as the Armed Forces Radio Service and Broke Your Promise’’; ‘‘Cole Slaw (Sor- amended. the V-Disc program during World War ghum Switch)’’; ‘‘Every Man to His The Clerk read the title of the resolu- II, and one of his songs recorded during Own Profession’’; ‘‘Baby, It’s Cold Out- tion. this period, ‘‘G.I. Jive,’’ was number side’’; ‘‘Beans and Corn Bread’’; ‘‘Sat- The text of the resolution is as fol- one on both the R&B and Pop charts. urday Night Fish Fry.’’ lows: He appeared in soundies, which were In 1950, four hits: ‘‘School Days, H. RES. 1050 short musical films in the 1940s dis- ‘‘Blue Light Boogie,’’ ‘‘I’ll Never Be Whereas Pittsfield, Massachusetts, is the played on coin-operated film juke- Free,’’ ‘‘Tamburitza Boogie.’’ home of a historic document discovered in boxes, and played cameo roles in mov- And in 1951: ‘‘Lemonade,’’ ‘‘Tear Pittsfield’s archives by noted baseball histo- ies like ‘‘Follow the Boys’’ and ‘‘Swing Drops from My Eyes,’’ ‘‘Weak Minded rian John Thorn in 2004; Parade’’ of 1946. Blues.’’ Whereas the historic document is a bylaw, Previous speakers have acknowl- Those song titles from the remark- passed by the Town of Pittsfield, Massachu- edged some of his remarkable accom- able career of hits of Louis Jordan give setts, during a town meeting on September 5, 1791, which states that ‘‘for the Preservation plishments: the ‘‘Saturday Night Fish you a flavor for the kinds of songs, the of the Windows in the New Meeting House . Fry’’ recording of 1949, which many say kind of music, the richness of Amer- . . no Person or Inhabitant of said town, shall was the first rock and roll song; his in- ican heritage. be permitted to play at any game called duction into the Rock and Roll Hall of This was really brought home to me Wicket, Cricket, Baseball, Football, Cat, Fame in Cleveland in 1987; and in 2004 when I was getting signatures to sign Fives or any other game or games with balls, being named one of the 100 Greatest onto this bill, and one of the first peo- within the Distance of Eighty Yards from Artists of All Time by Rolling Stone ple I talked to was one of our col- said Meeting House’’; Whereas this bylaw was created to protect Magazine. leagues Congressman STEVE ISRAEL the windows of the new meetinghouse in the I am pleased that the House today from New York, a long way from rural Town of Pittsfield, Massachusetts, which is will pass this resolution, but in some Arkansas, and he immediately told currently the Congregational Church, de- ways we don’t get the full flavor of his me—he signed on—that he had seen signed by renowned architect Charles accomplishments and the richness of ‘‘Five Guys Named Moe’’ in New York Bulfinch in 1789 and completed in 1793;

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13369 Whereas Pittsfield, Massachusetts, sert extraneous material on H. Res. veloped from earlier folk games. Pre- through the First Home Plate project will 1050 into the RECORD. vious beliefs held that baseball was in- commemorate being known as the home of The SPEAKER pro tempore. Is there vented in 1839 by Abner Doubleday in the oldest known documentation of the game objection to the request of the gen- by erecting three permanent monuments, Cooperstown, New York. This belief Bat, Ball, and Glove, to recognize Pittsfield’s tleman from Maryland? provided the rationale for baseball cen- unparalleled position in baseball history; There was no objection. tennial celebrations in 1939, including Whereas the monuments will highlight and Mr. SARBANES. Madam Speaker, I the opening of a National Baseball Hall represent the great virtues of the game that yield myself such time as I may con- of Fame and Museum. Still, few histo- have solidified baseball as our national pas- sume. rians and even the hall’s vice president time; Madam Speaker, I rise today in sup- believed that Cooperstown was indeed Whereas the virtues of baseball are inno- port of H. Res. 1050, which recognizes the birthplace of the game, most pre- cence, youth, bridging generations, and how Pittsfield, Massachusetts, as the birth- it parallels the great history of our Nation; ferring to believe that ‘‘baseball wasn’t Whereas Pittsfield, Massachusetts, is also place of our Nation’s great sport: base- really born anywhere.’’ the home of many historical baseball mo- ball. This great sport is interlaced into In 2004, however, historian John ments; American culture, history, and tradi- Thorn discovered a reference to a 1791 Whereas Pittsfield, Massachusetts, is the tion. Baseball is our Nation’s national bylaw prohibiting anyone from playing birthplace of college baseball in the United pastime, and Pittsfield, Massachusetts, ‘‘baseball’’ within 80 yards of the new States as it is the site of the first intercolle- helped create the American sporting meetinghouse in Pittsfield, Massachu- giate baseball game between Amherst Col- culture. Legendary players such as setts. The so-called ‘‘Broken Window lege and Williams College, which took place Babe Ruth, Lou Gehrig, Cy Young, on July 1, 1859; Bylaw’’ soon became the earliest Whereas in 1865, Ulysses F. ‘‘Frank’’ Grant, Hank Aaron, Cal Ripken, and other known reference to baseball in North generally considered the best African Amer- Hall of Fame players raised the level of America and allowed Pittsfield to lay ican player of the 19th century, was born in play and integrity of the game. claim to the honor. Pittsfield, Massachusetts; The first recorded mention of base- Baseball is unique among American Whereas Pittsfield, Massachusetts, is the ball in known history occurred when a sports in several ways. This uniqueness home of Wahconah Park, an enclosed ball- Pittsfield bylaw passed on September 5, is a large part of its longstanding ap- park and grandstand, originally built in 1892 1791, banned the playing with bats and peal and strong association with the and placed on the National Historic Register balls near the town’s newly con- in June 2005; American psyche. Some philosophers Whereas Pittsfield, Massachusetts, is structed meetinghouse. This ordinance describe baseball as a national religion. where in 1921 and 1922, the Boston Red Sox is the first known reference to the This popularity has resulted in base- played 2 exhibition games at Wahconah Park game in U.S. history. ball’s being regarded as more than just against the Hillies; Other notable historic moments took a major sport. Since the 19th century, Whereas Boston won the first game with a place in Pittsfield. The very first colle- it has been popularly referred to as the score of 10 to 9 and the Hillies won the sec- giate baseball game in the United ‘‘national pastime,’’ and Major League ond with a score of 4 to 1; States took place there on July 1, 1859, Baseball has been given a unique mo- Whereas in 1922, Jim Thorpe, considered between Amherst College and Williams one of the most versatile athletes in modern nopoly status by the Supreme Court of sports, played baseball at Wahconah Park; College. Ulysses F. Grant, the most the United States. Whereas in 1924, Lou Gehrig made his pro- prominent 19th century African Amer- Baseball is fundamentally a team fessional debut with the Hartford Senators ican player, was born in Pittsfield. sport. Even a team blessed enough to at Wahconah Park, where he hit a home run Wahconah Park, a famous ballpark and have two or three Hall of Fame-caliber into the Housatonic River; grandstand built in 1892, is located players cannot count on success. Yet it Whereas in 1942, future major leaguer Mark there. The Boston Red Sox won their places individual players under great Belanger was born in Pittsfield, Massachu- first game in that park. Lou Gehrig pressure and scrutiny. Many Ameri- setts; made his professional debut with the cans believe that baseball is the ulti- Whereas on June 1, 1976, a recreation of the 1859 Williams and Amherst collegiate base- Hartford Senators there where he hit a mate combination of skill, timing, ball game took place in Pittsfield, Massachu- home run into the Housatonic River. athleticism, and strategy. The pitcher setts; With every great baseball moment, must make good pitches or risk losing Whereas Pittsfield, Massachusetts, hosted Pittsfield is a part of the significance. the game. The hitter has a mere frac- a vintage baseball game which was broadcast The first home plate project will tion of a second to decide whether to on national television in 2004; erect a bat, ball, and glove statues in swing. The field players, as the last Whereas Pittsfield, Massachusetts, in 2005, Pittsfield. These monuments symbolize line of defense, make the lone decision welcomed the Pittsfield Dukes, a member of great virtues, innocence, purity, and to try to catch it or play it on the the New England Collegiate Baseball League, who made their second season debut at parallels to American culture. Let Con- bounce, to throw out the runner at Wahconah Park in 2005; and gress at this time recognize and honor first base or to try to make the play at Whereas on August 31, 2007, His Excellency, the contribution Pittsfield plays in our home. Deval L. Patrick, Governor of the Common- Nation’s history. Baseball has truly provided countless wealth of Massachusetts, proclaimed Sep- I would like to recognize Pittsfield, Americans fond memories of their tember 5, 2007, to be Pittsfield Baseball Day Massachusetts’ role in our Nation’s youth over the years, and I am honored in the Commonwealth: Now, therefore, be it history, and I urge my colleagues to to stand here today recognizing Pitts- Resolved, That the United States House of support this resolution. Representatives— field, Massachusetts, as being home to (1) recognizes the importance of college Madam Speaker, I reserve the bal- the earliest known reference to the baseball to the Nation; and ance of my time. word ‘‘baseball’’ in the United States. (2) recognizes the birthplace of college Ms. FOXX. Madam Speaker, I yield I ask my colleagues to support this baseball as Pittsfield, Massachusetts. myself such time as I may consume. resolution. The SPEAKER pro tempore. Pursu- Madam Speaker I rise today in sup- Madam Speaker, I reserve the bal- ant to the rule, the gentleman from port of House Resolution 1050, recog- ance of my time. Maryland (Mr. SARBANES) and the gen- nizing Pittsfield, Massachusetts, as Mr. SARBANES. Madam Speaker, at tlewoman from North Carolina (Ms. being home to the earliest known ref- this time I yield such time as he may FOXX) each will control 20 minutes. erence to the word ‘‘baseball’’ in the consume to the sponsor of this bill, the The Chair recognizes the gentleman United States. gentleman from Massachusetts (Mr. from Maryland. The question of the origins of base- OLVER). GENERAL LEAVE ball has been the subject of debate and Mr. OLVER. I thank the gentleman Mr. SARBANES. Madam Speaker, I controversy for more than a century. for yielding time. request 5 legislative days during which Baseball, as well as the other modern Madam Speaker, I am pleased today Members may revise and extend and in- bat, ball, and running games, were de- that the House of Representatives is

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13370 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 considering House Resolution 1050, I urge my colleagues to support this the exploration of next generation oil, which honors the city of Pittsfield for resolution, Madam Speaker. natural gas and coal, and the produc- its rich baseball history. As a sponsor Mr. SARBANES. Madam Speaker, I tion of advanced alternative fuels like of this legislation, I would like to reserve the balance of my time. cellulosic and clean coal-to-liquids, all thank the Committee on Education Ms. FOXX. The rising cost of gas and while protecting our natural resources and Labor, especially the gentleman energy prices throughout this country for future generations. from California Chairman GEORGE MIL- threatens many aspects of our lives, We will promote new, clean, and reli- LER for his assistance in bringing this and the ability to attend baseball able power generation like advanced resolution to the floor. games this summer is one of those. The nuclear and next generation coal, while Pittsfield, Massachusetts, can trace notion that Washington is broken is promoting clean power from renewable its baseball roots all the way back to exemplified in the Democratic major- energy such as wind and hydroelectric 1791. ity’s refusal to address soaring energy power. Nuclear energy has proven itself prices. as a safe, carbon-free, and environ- b 1730 Two years ago, then-Minority Leader mentally friendly alternative, with The city, which was only the town of PELOSI promised the American people a France relying on it for 80 percent of Pittsfield then, was in the middle of ‘‘commonsense plan’’ to lower gasoline its electricity needs, compared to just constructing a new meeting house. prices, but Democrats have not only 19 percent in America. Trying to protect the windows of this failed to offer any meaningful solu- We will cut red tape and increase the new building, the town enacted a bylaw tions, they’ve put forward policies that supply of American-made fuel and en- that banned the playing of ‘‘baseball’’ will have precisely the opposite effect. ergy. Limiting the construction of new within 80 yards of it. You see, even As a result of their inaction, oil, gaso- oil refineries and bureaucratic regula- back in 1791, youths were already line, and electricity prices are as high tions mandating the use of exotic fuels breaking windows playing America’s as they have ever been. Once a night- have decreased supply and increased favorite national pastime. With that, mare scenario, $4 plus gasoline has be- the Pelosi Premium. We will encourage the first mention of baseball was come a harsh reality on Speaker greater energy efficiency by offering penned into history. PELOSI’s watch, and now Americans are conservation tax incentives to America Madam Speaker, besides being home paying nearly $1.50 more per gallon at who make their home, car, and busi- to the earliest known reference to the pump than when the Speaker took ness more energy efficient. baseball, this resolution also honors office. We can do much to make it more fea- the city for being designated the Birth- This Pelosi Premium is hitting work- sible for families to attend baseball place of College Baseball by the College ing families hard, at a time when they games this summer and participate in Baseball Hall of Fame. are confronting high costs of living, a other normal summer activities by re- On July 1, 1859, the city hosted one of slowing economy, and a housing ducing our dependence on foreign oil the Nation’s oldest collegiate rivalries, crunch. This has to change. and creating more American-generated Williams College versus Amherst Col- Republicans are committed to a com- energy, and I call on my colleagues to lege, in the first collegiate baseball prehensive energy reform policy that bring up the bills that will allow us to game to be played in the Nation. Now will boost supplies of all forms of en- do that. this game was played under the old I yield back the balance of my time. ergy right here at home to reduce our Mr. SARBANES. The discussion of ‘‘Massachusetts’’ rules. No gloves were dependence on foreign sources of en- energy and oil, on the one hand, and used, the ball was pitched under hand, ergy, protect us against blackmail by baseball on the other, got me thinking only one out was necessary, and a foul foreign dictators, create American about something I read last week, ball, if uncaught, was considered a hit. jobs, and grow our economy, all those which is a lot of the folks coming into The record shows that Amherst College things as basic to us as our of love of baseball games around the country and won this first contest by a score of 73– baseball. sporting events are using public trans- 32. This includes increasing the supply portation wherever they get the Pittsfield is also the site of many of American-made energy, improving chance, as opposed to driving their other historical baseball moments. energy efficiency, and encouraging in- cars, and I am so glad that the Demo- Among others, this resolution honors vestment in groundbreaking research cratic Congress has put such an invest- the city for being the birthplace of in advanced alternative and renewable ment into proving our public transpor- Ulysses F. Grant, born in 1865, who’s energy technologies. With 21st century tation infrastructure in this country. generally considered to be the best Af- technologies and the strictest environ- Obviously, we have got to do more of rican American player of the 19th cen- mental standards in the world, Amer- that going forward so that we can con- tury, as well as Mark Belanger, born in ica must produce more of our own en- serve. That can help drive down some 1944, who spent most of his career play- ergy right here at home and protect of the gas prices that have been alluded ing for the Baltimore Orioles. our environment at the same time. to. In 1924, Lou Gehrig made his profes- That is the change America deserves. In any event, to get back to the main sional debut at Wahconah Park, the To help ease the pain of the Pelosi topic here with respect to recognizing venerable ballbark in Pittsfield that is Premium, House Republican leaders the tremendous role of Pittsfield, Mas- listed on the National Historic Reg- have also embraced short-term legisla- sachusetts, in the establishment of the ister, and in that debut he appro- tion that would suspend the 18.4 cents culture of our national pastime, I want priately hit a home run into the per gallon Federal gas tax this summer to urge my colleagues to support H. Housatonic River. Jim Thorpe, consid- and establish a corresponding freeze on Res. 1050. ered one of the most versatile athletes all taxpayer-funded earmarks to ensure I yield back the balance of my time. in modern sports, also played there. the Highway Trust Fund will not be The SPEAKER pro tempore. The In recognition of its baseball past, impacted. Savings from the earmarks question is on the motion offered by the city of Pittsfield plans to erect freeze also would be applied towards re- the gentleman from Maryland (Mr. three permanent monuments, Bat, ducing the Federal deficit. SARBANES) that the House suspend the Ball, and Glove, representing the vir- A House Republican majority will rules and agree to the resolution, H. tues of the game. work to deliver the change America de- Res. 1050, as amended. Overall, Madam Speaker, I am proud serves on gas prices with meaningful The question was taken; and (two- to recognize the city of Pittsfield for solutions that make our Nation more thirds being in the affirmative) the its rich baseball history and I am hon- energy independent. Here’s how we will rules were suspended and the resolu- ored to stand on the floor today to do it. We will increase the production tion, as amended, was agreed to. honor its significance to our national of American-made energy in an envi- A motion to reconsider was laid on pastime. ronmentally safe way. This includes the table.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13371 SUPPORTING THE GOALS AND and celebrate the majesty, vitality, and im- tions and around the world with their IDEALS OF BLACK MUSIC MONTH portance of African-American music; and creativity, vision, and ability to speak (4) requests and authorizes the President Mr. SARBANES. Madam Speaker, I to the human experience. The long his- to issue a proclamation calling upon the peo- tory of African American music has move to suspend the rules and agree to ple of the United States to observe such with the concurrent resolution (H. Con. Res. appropriate ceremonies and activities. helped shape our Nation and musical 372) supporting the goals and ideals of heritage. The SPEAKER pro tempore. Pursu- There are millions of African Amer- Black Music Month and to honor the ant to the rule, the gentleman from outstanding contributions that African ican music fans of different races and Maryland (Mr. SARBANES) and the gen- ages all across our Nation. I support American singers and musicians have tlewoman from North Carolina (Ms. made to the United States. this bill and I honor the goals and FOXX) each will control 20 minutes. The Clerk read the title of the con- ideals of Black Music Month, along The Chair recognizes the gentleman current resolution. with the many contributions of black from Maryland. The text of the concurrent resolution musicians to the American people. is as follows: GENERAL LEAVE I reserve the balance of my time. H. CON. RES. 372 Mr. SARBANES. I request 5 legisla- Ms. FOXX. I yield myself such time Whereas the Nation should be urged to rec- tive days during which Members may as I may consume. ognize the exemplary contributions that Af- revise and extend and insert extra- I rise today in support of House Con- rican-American singers, musicians, and com- neous material on H. Con. Res. 372 into current Resolution 372, supporting the posers have made both to the United States the RECORD. goals and ideals of Black Music Month and the world; The SPEAKER pro tempore. Is there and to honor the outstanding contribu- Whereas the music of African-Americans is objection to the request of the gen- tions that African American singers the music of America, and has historically tleman from Maryland? and musicians have made to the United transcended social, economic, and racial bar- There was no objection. riers to unite people of all backgrounds; States. Whereas artists, songwriters, producers, Mr. SARBANES. I yield myself such From the days of slavery and dis- engineers, educators, executives, and other time as I may consume. crimination, through the progress of professionals in the music industry provide Madam Speaker, I rise today in sup- the Civil Rights movement, to today, inspiration and leadership through their cre- port of H. Con. Res. 372, which supports black music has told the story of the ation of music; the goals of Black Music Month. This African American experience. In addi- Whereas African-American music is indige- is an appropriate time to honor the tion to giving voice to black struggles, nous to the United States and originates outstanding contributions African from African genres of music; faith, and joys, African American American singers and musicians have music has helped also to bring people Whereas African-American genres of music made to the United States. The Nation such as gospel, blues, jazz, rhythm and blues, together. During Black Music Month, rap, and hip-hop have their roots in the Afri- benefits culturally and economically we celebrate this integral part of music can-American experience; from the experience of black musi- history by highlighting the enduring Whereas African-American music has a cians. Today, I stand to honor the in- legacy of African American musicians, pervasive influence on dance, fashion, lan- fluence of African American musical singers, and composers. guage, art, literature, cinema, media, adver- artists. In the early days, black music was tisements, and other aspects of culture; African American music has strong Whereas Black music has helped African- used to share stories, spread ideas, pre- ties to African heritage. The complex serve history, and establish commu- Americans endure great suffering and over- rhythm, melodic harmony, and active come injustice with courage and faith; nity. These spirituals eventually Whereas civil rights demonstrators often call-and-response nature of African evolved into a genre that remains vi- marched to the cadence of many songs writ- American music are products of deep brant and very meaningful today, gos- ten and composed as gospels or spirituals African traditions. Many Negro spir- pel music. This great musical tradition that were created on the fields of slaves; ituals performed and written by Afri- developed under the leadership of peo- Whereas June was first declared as Black can Americans not only commemo- ple like Thomas Dorsey, who was Music Month in 1979 by President Carter and rated the African Diaspora but helped has yearly been designated as National known as the Father of Gospel Music. to create social change. In the early 20th century, the pro- Black Music Month by all concurrent Presi- In April of 1960, in Monteagle, Ten- dents; gression of jazz took place all over the Whereas African-American musicians have nessee, a 16-year-old girl named Jamila country, from the deep south of New played a significant role in inspiring people Jones stood in a crowd of nonviolent Orleans and the Mississippi Delta, to across the generations in America and segregation protestors and began sing- northern cities such as Chicago and around the world with their vision and cre- ing, ‘‘We Shall Overcome’’ to a group of New York. Jazz captured the interest ativity by writing lyrics which speak to the armed and hostile deputies. That night, of 20th century America, making human experience and express heartfelt emo- the deputies withdrew and let the stu- tion; household names of great African dents sing. ‘‘We Shall Overcome’’ is a American artists like Louis Arm- Whereas producers of African-American Negro spiritual taken from Reverend music have come to be known as some of the strong, Charlie Parker, Ella Fitzgerald, greatest musical talents who have enriched Charles Tindley’s, ‘‘I’ll Overcome Some and Miles Davis. The unparalleled bril- our culture and continue to influence fellow Day.’’ Other songs, such as, ‘‘Swing liance of these and other great jazz mu- musicians today; Low Sweet Chariot,’’ ‘‘There is a Balm sicians had an extraordinary effect Whereas African-American musicians have in Gilead,’’ and ‘‘Lift Every Voice and upon the American musical tradition, helped shape our national character and Sing,’’ are all prominent African Amer- while bringing great pleasure to mil- have become an important part of our musi- ican ballads that were instrumental in cal heritage; and lions of fans. the Civil Rights movement. Later, rhythm and blues emerged, Whereas African-American music has mil- Other genres of music are rooted in lions of fans of different races and ages in synthesizing elements from gospel, cities and towns all across the United States: the black experience as well. The ori- blues, and jazz; and from these styles Now, therefore, be it gins of gospel, jazz, rhythm and blues, came the birth of rock and roll. Resolved by the House of Representatives (the and rap are all closely linked to Afri- Senate concurring), That Congress— can American culture. These genres b 1745 (1) supports the goals and ideals of Black have enormous impact on our Nation A fabulous array of artists helped to Music Month; at large. pioneer this modern musical trans- (2) honors the outstanding contributions President Carter acknowledged the formation, including Chuck Berry, Ray that African-American singers, musicians, composers, and producers have made to this influence and contribution of black Charles, Marvin Gaye, Aretha Franklin country; music when he first declared June as, and Stevie Wonder. (3) calls on the people of the United States ‘‘Black Music Month,’’ in 1979. Black African American music continues to to take the opportunity to study, reflect on, musicians inspire people across genera- influence the American music scene

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13372 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 today with styles such as rap and hip- African-American music is indigenous to the can Americans to various genres of music. hop. As we celebrate the many creative United States and originates from African The roll call of African Americans who have and inspiring African American artists genres of music. From gospel, blues, jazz, contributed to the uniquely American born but whose efforts have enhanced our Na- rhythm and blues, rap, and hip-hop, African internationally acclaimed mode of music is tion, we recognize their enduring leg- Americans musical roots can be heard stellar and stunning. This music, often created acy and look to a future of continued throughout many musical genres that we love against incredible odds, has served as a musical achievement. today. African-American music has had a per- chronicle of our time and enriches our Nation. I ask my colleagues to support this vasive influence on dance, fashion, language, Civil rights demonstrators often marched to resolution. art, literature, cinema, media, advertisements, the cadence of ‘‘People Get Ready’’ or the nu- Mr. LARSON of Connecticut. Madam and other aspects of culture and this legisla- merous gospel or spiritual songs created in Speaker, I rise today in support of H. Con. tion commends its pervasive influence. Fur- the fields by slaves. One of the most beloved Res. 372, honoring the outstanding contribu- thermore, Black music has helped African- gospel songs of all time is ‘‘Precious Lord, tions that African American singers and musi- Americans endure great suffering and over- Take My Hand’’ by Hall of Fame composer cians have made to the United States. June come injustice with courage and faith. Civil and writer Thomas Dorsey. The music of Afri- 2008 marks the 29th year of national recogni- rights demonstrators often marched to the ca- can Americans is the music of America, and tion of Black Music. It is difficult to imagine dence of many songs written and composed has historically transcended social, economic American music without the rich and con- as gospels or spirituals that were created on and racial barriers to unite people of all back- tinuing innovations of African Americans. the fields of slaves. grounds. Young America danced to the rhythm Prompted by Songwriter/producer Kenny As we know, African-American music is an of the sound that emanated from Stax Gamble, producer Berry Gordy, and artist American art form that has spanned through- Records of Memphis, Chess Records of Chi- Stevie Wonder, President Jimmy Carter des- out hundreds of years. Its musical elements cago, and from my home town of Detroit, ignated June as Black Music Month in 1979. can be heard melodiously infused in many Michigan, through Motown. From the African American spirituals created genres that we love today. It has grown be- Stevie Wonder, Aretha Franklin, The Four and sung by those who were enslaved or who yond its roots to achieve pop-culture and his- Tops, Diana Ross and the Supremes, Jackie were striving for equal rights, to the celebra- torical relevance, touching audiences around Wilson, Marvin Gaye, Smokey Robinson and tion of faith in gospel music, to the trials and the world. According to the Gospel Music the Miracles, Anita Baker, and The Tempta- struggles of life illuminated in blues, the music Channel, ‘‘Gospel music sales now account tions are just a few of the tremendously tal- throughout the years served as a narrative to for nearly 8 percent of all music purchased in ented artists that hail from the great city of De- the African American experience. The number the United States, selling seven CDs for every troit. Detroit is the also the birthplace of music of actual contributors to the African-American ten purchased in country music.’’ mogul Berry Gordy’s great Motown empire. Music Movement is immeasurable, and the im- Regardless of their musical styles, artists Motown ushered in a new wave of talent and pact of these artists on American music and have turned to Black music as the source and music across the world. The Motown Sound culture has been astounding. African American inspiration for their own music, which has was brilliantly and meticulously crafted in what artists have influenced the development of all blurred the boundaries between secular and is now Hitsville, USA, the original Motown stu- branches of American popular culture includ- Gospel music. African-American musicians dio located in my district. The impeccable ing rock, country, and popular or ‘‘pop’’ music. have played a significant role in inspiring peo- standards of excellence in craftsmanship set Artists such as Paul Robeson and Marian An- ple across the generations in America and Motown and Detroit apart as trailblazers in derson, who lived in my home State of Con- around the world with their vision and cre- several musical genres, as recognized through necticut, Chuck Berry, Bo Diddley, Duke ativity by writing lyrics which speak to the their numerous Grammy Awards, NAACP Ellington, Louie Armstrong, Ella Fitzgerald, human experience and express heartfelt emo- Awards and other accolades. Motown did far Mahalia Jackson, James Brown, Aretha Frank- tion. This important legislation requests and more than produce music. It broke substantial lin, and Marvin Gaye set the tone for Amer- authorizes the President to issue a proclama- barriers to help to unite the world across race, ican music and have influenced artists and tion calling upon the people of the United class and gender lines. musicians across generations throughout the States to observe such with appropriate cere- Although Motown has received the most globe. monies and activities. international acclaim for the music produced And so Madam Speaker, I rise to celebrate In 1979, President Carter first declared June during the infamous Motown era that spanned the numerous African American musicians and as Black Music Month, an honor that has decades, Detroiters have also made other tre- singers who have enriched and defined the yearly repeated by the designation of National mendous contributions to the musical world. various forms of American Music and urge the Black Music Month by all concurrent Presi- The historical Black Bottom district was a hub passage of this bill. dents. African-American musicians have for big bands and legendary jazz artists such Ms. JACKSON-LEE of Texas. Madam helped shape our national character and have as Ella Fitzgerald, Count Basie and Duke Speaker, I rise today in strong support of H. become an important part of our musical herit- Ellington. Detroit is also well known for its im- Con. Res. 372, Supporting the goals and age and African-American music has millions mense contributions to gospel music. Rev- ideals of Black Music Month and to honor the of fans of different races and ages in cities erend C.L. Franklin, Della Reese, The Winans outstanding contributions that African Amer- and towns all across the United States. I am and the Clarke Sisters all have roots in the ican singers and musicians have made to the proud to support this legislation that honors City of Detroit. United States, introduced by my distinguished the outstanding contributions that African- Detroit’s copious musical history and myriad colleague from Michigan, Representative KIL- American singers, musicians, composers, and of noteworthy, award-winning contributions PATRICK. This important resolution honors, rec- producers have made to this country and call have instilled a great sense of pride in all of ognizes, preserves, and promotes the legacy on the people of the United States to take the its citizens and, hopefully, all Americans. Take and contributions that Black Music and African opportunity to study, reflect on, and celebrate some time during the month of June to exhibit American singers and musicians have made the majesty, vitality, and importance of Afri- said pride and honor all those Black artists to our great Nation. can-American music. that made indelible contributions to the sound- Black Music has been woven into the fabric Madam Speaker, I am proud to support this track of our lives. Give honor to whom honor of American Society for centuries, deeply im- legislation that supports the goals and ideals is due. Join me in spending this month im- pacting hundreds of generations. The music of of Black Music Month and I urge all my col- mersing yourself and your loved ones of all African-Americans is the music of America, leagues to join me in so doing. ages in the rich array of music that African- and has historically transcended social, eco- Ms. KILPATRICK. Madam Speaker, I rise Americans have contributed to our great Na- nomic, and racial barriers to unite people of all today to support H. Con. Res. 372, a resolu- tion. I encourage all Americans to utilize the backgrounds. African American artists, song- tion I introduced honoring June as Black celebrations to honor the men and women writers, producers, engineers, educators, ex- Music Month. This bill honors the outstanding who have created some of the most influential ecutives, and other professionals in the music contributions that African American singers, music our Nation has ever produced. I also industry provide inspiration and leadership composers, producers, and musicians have want to honor the radio stations and the DJs, through their creation of music, and their value made to the United States and the world. like Frankie Darcell, that play this timeless and to the African American community cannot be This resolution expresses our appreciation wonderful music. As we spend time recog- overstated. for and the value of the contributions of Afri- nizing the contributions of these artists, let us

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00041 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13373 remember that this music is not just African- the resolution (H. Res. 1051) congratu- Today, James Madison enrolls over American music. This music is American lating James Madison University in 17,000 students and offers a wide range music—an integral part of all Americans’ herit- Harrisonburg, Virginia, for 100 years of of courses. With 68 undergraduate ma- age. service and leadership to the United jors, 40 graduate and certificate de- Mr. RANGEL. Madam Speaker, I rise today States, as amended. grees and six doctoral programs, JMU to acknowledge the tremendous contributions The Clerk read the title of the resolu- boasts a strong academic program. By of black music to American culture. From tion. coupling this strong educational base times of slavery to the Civil Rights Movement, The text of the resolution is as fol- with student support, the university is Black music has served the Black community lows: able to graduate 81 percent of its stu- as a source of inspiration and strength and H. RES. 1051 dents. According to the United States continues to serve as a narrative of Black His- Whereas on March 14, 1908, Virginia Gov- Department of Education, JMU is tory and culture. ernor Claude A. Swanson signed into law leg- ranked 16th nationally for its graduate Spirituals that grew from the cries of slaves islation for the establishment of the new rate and is first among all schools in have evolved over hundreds of years to the State Normal and Industrial School for Women; the South. Gospel, Soul, R&B, Jazz, Blues, and Rock & Whereas in 1938, the institution was re- Much has changed in James Madison Roll we know today. Black music is enjoyed named Madison College in honor of the Na- University’s 100 year history, but some by the larger community in the U.S. and by an tion’s fourth president, James Madison; of the core principles have remained ever larger global community. Whereas in 1966, the Virginia General As- consistent. The university still strives Black music was and continues to be a tool sembly approved full coeducational status to empower its students to make a dif- to reveal the very soul of the black man to the for the college, and men were enrolled as ference and use their education to posi- rest of America. In times of division and hate, resident students for the first time; tively impact the world around them. black music was one of the few cultural arti- Whereas James Madison University (JMU) In fact, JMU ranks 14th on the Peace facts that was shared with all Americans. enrolls nearly 17,000 students and employs 3,000 full-time and part-time faculty and Corps list of top volunteer producing ‘‘Freedom Songs’’ used during the civil rights staff; universities and the ONE campaign movement like ‘‘We Shall Not be Moved,’’ ‘‘Lift Whereas in 2007, the US News and World listed the school among their top 100 Every Voice and Sing,’’ and ‘‘We Shall Over- Report ranked JMU as the top public, mas- most active schools in the Nation. come,’’ were sung by all and served as uniters ter’s level university in the South for the This year, James Madison University rather than dividers. 17th time; grew its impact with the graduation of Many of the most celebrated musicians in Whereas also in 2007, the US News and its 100,000th student. As the university the history of Jazz, Soul and Blues were Afri- World Report noted JMU’s graduation rate, community celebrates this accomplish- at 80 percent, was the highest among all pub- can Americans; Lena Horn, Billie Holiday, ment, JMU will take a moment to re- Charlie Parker, Miles Davis, Duke Ellington lic and private schools in the South; Whereas JMU has been led by presidents flect on a century of achievement. The and John Coltrane are all legends in their own Julian Ashby Burruss, Doctor Samuel Page university will also take a look ahead right and have brought innovation and Duke, Doctor G. Tyler Miller, Doctor Ronald to the next 100 years of inquiry, learn- freshness to music that continues to inspire E. Carrier, and Doctor Linwood H. Rose; ing and discovery. musicians today. Whereas JMU offers 106 degree programs, Madam Speaker, once again I express Black music is much more than words and including 68 undergraduate programs, 30 my support for James Madison Univer- rhythm: it is an encapsulation and reaffirma- graduate programs, 2 education specialist sity, and I urge my colleagues to sup- programs, and 6 doctoral programs; and tion of a cultural identity that was formed out port this resolution. of years of struggle and triumph. It is distinc- Whereas JMU has conferred more than 98,000 degrees: Now, therefore, be it Madam Speaker, I reserve the bal- tive in the way that it uplifts the spirit and en- Resolved, That the House of Representa- ance of my time. thralls the intellect. We must recognize that tives congratulates James Madison Univer- Ms. FOXX. Madam Speaker, I yield black music has served for generations as sity for 100 years of leadership and service to myself such time as I may consume. more than a pastime; it has been a source of the Harrisonburg/Rockingham County re- Madam Speaker, I rise today in sup- strength and inspiration for a brighter future. gion, the Commonwealth of Virginia, and the port of House Resolution 1051, con- Ms. FOXX. Madam Speaker, I yield Nation. gratulating James Madison University back the balance of my time. The SPEAKER pro tempore. Pursu- in Harrisonburg, Virginia, for 100 years Mr. SARBANES. Madam Speaker, ant to the rule, the gentleman from of service and leadership to the United again, I urge my colleagues to support Maryland (Mr. SARBANES) and the gen- States. H. Con. Res. 372, and I yield back the tlewoman from North Carolina (Ms. If one word could describe James balance of my time. FOXX) each will control 20 minutes. Madison University, unquestionably The Chair recognizes the gentleman The SPEAKER pro tempore. The that word would be ‘‘bold.’’ For 100 from Maryland. question is on the motion offered by years, the institution that began as the gentleman from Maryland (Mr. GENERAL LEAVE ‘‘the little school that could’’ has SARBANES) that the House suspend the Mr. SARBANES. Madam Speaker, I charged through the century like a bul- request 5 legislative days during which rules and agree to the concurrent reso- let train. The campus began with two Members may revise and extend and in- lution, H. Con. Res. 372. buildings, now called Jackson Hall and The question was taken. sert any extraneous material on H. Maury Hall, that sat on farmland at The SPEAKER pro tempore. In the Res. 1051 into the RECORD. opinion of the Chair, two-thirds being The SPEAKER pro tempore. Is there the outer edge of Harrisonburg. Con- in the affirmative, the ayes have it. objection to the request of the gen- stant growth and expansion have been Mr. SARBANES. Madam Speaker, on tleman from Maryland? a hallmark for the campus ever since. that I demand the yeas and nays. There was no objection. Today, JMU extends over 650 acres of The yeas and nays were ordered. Mr. SARBANES. I yield myself such rolling Shenandoah Valley hills and in- The SPEAKER pro tempore. Pursu- time as I may consume. cludes more than 100 buildings. ant to clause 8 of rule XX and the Madam Speaker, I rise today in sup- Founded in 1908 with unmatched en- Chair’s prior announcement, further port of H. Res. 1051, which celebrates thusiasm that, after a century, has not proceedings on this motion will be James Madison University’s 100 years diminished, today James Madison Uni- postponed. of service and leadership. Founded in versity’s mission reaffirms the univer- f 1908, the State Normal and Industrial sity’s long-time commitment to meet- School for Women eventually became ing the needs of its students. In its ear- CONGRATULATING JAMES MADI- what is now known as James Madison liest years, JMU’s academic offerings SON UNIVERSITY FOR 100 YEARS University. Beginning with only 150 included only what would now be called OF SERVICE AND LEADERSHIP students and 15 faculty members, the technical training or junior college Mr. SARBANES. Madam Speaker, I small school has grown into a pres- courses. Today, the university offers move to suspend the rules and agree to tigious university. more than 100 degree programs on the

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Rose. statements. ‘‘Our neck is stretched individual achievements and service In my service of representing the over the fence and OPEC has the that put the power of knowledge to Sixth District of Virginia and JMU, it knife.’’ work embodying President James has been a true pleasure to work with It is truly frightening how tech- Madison’s belief that a self-governing former President Dr. Ron Carrier and nology has advanced since 1977, yet people ‘‘must arm themselves with the current President Dr. Linwood Rose as here we are today faced with the same power which knowledge gives,’’ JMU is they have skillfully guided James issues that this Democratic Congress developing, through education, leaders Madison University into the 21st cen- refuses to address. When it comes to who are well-prepared to help shape the tury. energy production, while our global future of the Nation. Madam Speaker, from its inception, competitors are pursuing 21st century I am honored to stand before the James Madison University has been at technologies, America is stuck in the House today and recognize this fine the forefront of education. Originally a 1970s. university. I congratulate the univer- teachers college, today JMU provides On electricity production alone, for sity’s president, Linwood Rose, the groundbreaking research in informa- example, just to keep up with the new board of visitors, the students, alumni, tion technology, security and alter- demand, by 2030 the United States and James Madison University for native fuel sources, and offers more must build 747 new coal plants, 52 new reaching this milestone, and wish the than 100 degree programs, including 68 nuclear plants, 2,000 new hydroelectric university continued success. undergraduate, 30 masters, two edu- generators, and add 13,000 new I ask my colleagues to support the cational specialists and six doctor pro- megawatts of renewable power. The resolution. grams. In its 100 yearlings of existence, dire need to increase domestic oil and I reserve the balance of my time. James Madison University has con- gas production is no different, yet the Mr. SARBANES. I reserve the bal- ferred more than 98,000 degrees. Democratic majority refuses to lead. ance of my time. Based on this outstanding cur- Republicans are committed to a com- Ms. FOXX. Madam Speaker, I yield riculum, in 2007 U.S. News and World prehensive energy reform policy that such time as he may consume to my es- Report, for the 17th time, ranked JMU will increase the supply of American- teemed colleague from Virginia (Mr. as the top public, masters-level univer- made energy, improve energy effi- GOODLATTE). sity in the South, and JMU’s gradua- ciency and encourage investment in Mr. GOODLATTE. Madam Speaker, I tion rate, 80 percent, was the highest groundbreaking research and advance rise today to honor James Madison among all public and private schools in alternative and renewable energy tech- University and ask my colleagues to the South. nologies. With 21st century tech- support House Resolution 1051. I want Madam Speaker, James Madison Uni- nologies and the strictest standards in to thank my colleague from North versity’s alumni have impacted the the world, America can and must Carolina and my colleague from Mary- Commonwealth of Virginia, the United produce more of our own energy right land for managing this legislation on States and the entire world. Madison here at home and protect our environ- the floor, and the chairman and rank- graduates travel to the farthest cor- ment at the same time. ing member of the committee for their ners of the Earth to perform I wonder what President James Madi- support of this resolution, which recog- groundbreaking research and provide son would think of the situation we nizes an outstanding institution of leadership in corporate boardrooms, find ourselves in, and wonder if he higher education which I am proud to athletic fields, State legislatures, and would agree with many people who represent in the Sixth Congressional even here on Capitol Hill. have compared the views of the 2008 District of Virginia. I am pleased to have introduced this presumptive nominee of the Democrat This resolution celebrates James resolution, cosponsored by the entire Party with President Carter and the Madison University on the occasion of Virginia delegation and more than 50 failed policies of his administration. its 100th anniversary, which held a Members of Congress, that recognizes I call on the Democratic leadership week-long celebration culminating the rich history and accomplishments to bring forth the proposals that Re- with the centennial celebration on of this remarkable institution on the publicans have made that will help March 14, 2008. The entire JMU commu- occasion of its 100th anniversary. solve the problems, and not put Amer- nity celebrated with galas, portrait I urge all the Members of this body ica through what we went through in unveilings of JMU dignitaries, statue to join us in congratulating James the 1970s all over again. presentations, and a photograph of Madison University on its 100th anni- I yield back the balance of my time. nearly 3,000 students, faculty, staff and versary and to support this resolution. b 1800 alumni forming a ‘‘human 100’’ to cele- Mr. SARBANES. I reserve the bal- brate the centennial. ance of my time. Mr. SARBANES. Madam Speaker, I James Madison University, located in Ms. FOXX. Madam Speaker, as we re- don’t know what James Madison would my congressional district in Harrison- flect on the last 100 years of JMU’s his- have thought specifically about the burg, Virginia, is surrounded by the tory, I want to talk a little bit about a issue raised, but I know he had an abid- beautiful Shenandoah Valley and has very dark time in our history, the ten- ing confidence in the ingenuity of the proved to be a catalyst in Western Vir- ure of former President Carter. American people, as did all of our ginia, building on the agricultural base During Carter’s administration, the Founding Fathers and I think every of the region to create a center for Nation suffered from oil shortages. President since. And we have been held higher education and innovation. These shortages led to record high gas back from the kinds of investments James Madison University has grown prices that ultimately persuaded the and partnerships that the American from its establishment as the Normal President to turn to the American pub- people could join with that ingenuity and Industrial School for Women in lic for answers. Following a Camp to move us forward, we have been held 1908 to its renaming to Madison College David summit on energy, he addressed back by a lack of investment and em- in 1938 and eventually to James Madi- the country saying, ‘‘We can’t go on phasis on that kind of investment from son University, where it presently en- consuming 40 percent more energy the current administration. So I look rolls nearly 17,000 students and em- than we produce. When we import oil, forward to a time when we can join in ploys 3,000 full-time and part-time fac- we are also importing inflation plus partnership with the American people ulty and staff. unemployment.’’ and take advantage of that ingenuity Since its establishment, James Madi- ‘‘We have got to use what we have. that James Madison and so many oth- son University has been led by Presi- The Middle East has only 5 percent of ers recognized from the earliest days.

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What an accomplishment for any uni- SARBANES) that the House suspend the sert extraneous material on H. Con. versity to just be there for 100 years. rules and agree to the resolution, H. Res. 2 into the RECORD. The fact that James Madison Univer- Res. 1051, as amended. The SPEAKER pro tempore. Is there sity has reached this milestone with The question was taken. objection to the request of the gen- such a terrific list of accomplishments The SPEAKER pro tempore. In the tleman from Maryland? is truly deserving of the recognition opinion of the Chair, two-thirds being There was no objection. that we seek to bestow upon the uni- in the affirmative, the ayes have it. Mr. SARBANES. I yield myself such versity today, and I urge my colleagues Mr. SARBANES. Madam Speaker, on time as I may consume. to support H. Res. 1051. that I demand the yeas and nays. Madam Speaker, I rise today in sup- Mr. MORAN of Virginia. Madam Speaker, I The yeas and nays were ordered. port of H. Con. Res. 2, which recognizes rise today to commemorate the centennial of The SPEAKER pro tempore. Pursu- the contributions of individuals from James Madison University. ant to clause 8 of rule XX and the Puerto Rico, the United States Virgin Established in Harrisonburg, Virginia, by the Chair’s prior announcement, further Islands, American Samoa, Guam, and Virginia General Assembly in 1908 as the proceedings on this motion will be the Northern Mariana Islands to the State Normal and Industrial School for postponed. United States. Many individuals from Women, the school’s first student body was f these territories have added and con- tinue to add tremendous cultural, po- made up of 209 students and 15 faculty mem- SENSE OF CONGRESS REGARDING litical, and athletic contributions to bers. In 1938, its name was changed to Madi- TERRITORIES OF THE UNITED America. son College in honor of the fourth President of STATES the United States, James Madison. In 1966, Some examples of these remarkable the university became a coeducational institu- Mr. SARBANES. Madam Speaker, I individuals include Roberto Clemente, tion, and in 1976, the university’s name was move to suspend the rules and agree to David Hamilton Jackson, and Agueda changed to James Madison University. Today, the concurrent resolution (H. Con. Res. Iglesias Johnston. Roberto Clemente, a the university enrolls nearly 17,000 students 2) expressing the sense of the Congress native of Puerto Rico, was a legendary and employs 3,000 full-time and part-time fac- that schools in the United States major league baseball player with the ulty and staff. should honor the contributions of indi- Pittsburgh Pirates and an altruistic In addition to its expansion in physical size viduals from the territories of the global public servant. I will say as an dramatic and student enrollment, JMU has ex- United States by including such con- aside that Roberto Clemente put the perienced dramatic growth in academic pres- tributions in the teaching of United Baltimore Orioles in fits during the tige and popularity over the past 20 years. For States history, as amended. World Series when I was growing up, the 13th consecutive year and 17th time, The Clerk read the title of the con- and I have a vivid memory of that. James Madison University ranked as the top current resolution. While displaying extraordinary ath- public, master’s-level university in the South in The text of the concurrent resolution letic feats on the baseball diamond, his the highly regarded annual survey on aca- is as follows: selfless nature, not his play, cast him demic quality conducted by U.S. News & H. CON. RES. 2 as an national icon and an exemplary World Report. JMU also had the highest grad- Whereas individuals from Puerto Rico, the role model. Unfortunately, Roberto uation rate—80 percent—among both public United States Virgin Islands, American Clemente died in a plane crash as he and private colleges in the South. Last spring, Samoa, Guam, and the Northern Mariana Is- was trying to deliver aid to Nicaraguan a record 16,050 students applied for 3,300 lands have contributed to many aspects of earthquake victims. the history and culture of the United States, David Hamilton Jackson is another spots in the 2007–2008 freshman class. including its politics, athletics, and music; James Madison University is also notable Whereas many students do not know the outstanding individual to recognize. for encouraging its students to engage in the location or the significance of these places; Jackson spearheaded the transfer of global community. According to the Institute of Whereas the diversity of the citizens of the the United States Virgin Islands terri- International Education, JMU ranks second United States strengthens the Nation, and tory from the Danish into the hands of nationally among master’s-level institutions for individuals from the territories of the United the local residents. Jackson, born in the total number of students studying abroad. States contribute to that diversity; and the Virgin Islands, parlayed his power With 65 of its alumni serving as Peace Corps Whereas it is important for students to into making local Virgin Island resi- study the history of these geographic areas dents also United States residents. volunteers in developing countries, JMU also as part of United States history: Now, there- ranks second in the nation among medium- fore, be it Jackson served as an educator, legis- sized colleges and universities for graduates Resolved by the House of Representatives (the lator, labor leader, and lawyer, and is currently serving as volunteers with the U.S. Senate concurring), That it is the sense of the known as one of the most important service program. Congress that children in the United States figures from the West Indies. Over the past 100 years, James Madison should understand and appreciate the con- Agueda Iglesias Johnston was University has grown from a small technical tributions of individuals from Puerto Rico, Guam’s leading educator and well- college for women into a thriving academic in- the United States Virgin Islands, American known patriot. After Japan invaded Samoa, Guam, and the Northern Mariana Is- stitution that exemplifies the full promise of a the island in 1942, she both served as a lands and the contributions of such individ- teacher and principal during dangerous public university. Throughout its growth, JMU uals in United States history. has maintained its core mission of providing a Amend the title so as to read: ‘‘Concurrent times in Guam. Amidst the perilous terrific education and producing well-rounded resolution expressing the sense of the Con- state, Johnston showed bravery when alumni prepared to contribute to society, while gress that children in the United States many feared. She communicated over at the same time fostering an inclusive and should understand and appreciate the con- the radio about the progress of the war, high-spirited atmosphere that complements its tributions of individuals from the territories and she also aided an American Navy beautiful location in the Shenandoah Valley. of the United States and the contributions of soldier, George Tweed, to escape cap- Madam Speaker, it is truly an honor to have such individuals in United States history.’’. ture by the Japanese. In Guam, she is James Madison University in the State of Vir- The SPEAKER pro tempore. Pursu- known for her outstanding commit- ginia and to recognize its 100 years of ant to the rule, the gentleman from ment, bravery, and service. achievement. I ask all my colleagues to sup- Maryland (Mr. SARBANES) and the gen- Puerto Rico, the U.S. Virgin Islands, port this resolution and to congratulate the im- tlewoman from North Carolina (Ms. American Samoa, Guam, and the pressive achievements of James Madison Uni- FOXX) each will control 20 minutes. Northern Mariana Islands have many, versity. The Chair recognizes the gentleman many historical figures, events, and Mr. SARBANES. I yield back the bal- from Maryland. pivotal historic moments that high- ance of my time. GENERAL LEAVE light the legacy of their respective The SPEAKER pro tempore. The Mr. SARBANES. Madam Speaker, I homelands. Children in the United question is on the motion offered by request 5 legislative days during which States should understand and appre- the gentleman from Maryland (Mr. Members may revise and extend and in- ciate the contributions of citizens from

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13376 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 the territories of the U.S. Ensuring of House Concurrent Resolution 2 of the Nation’s financial system. Ham- America’s youth know the contribu- today, which I introduced on the first ilton lived in St. Croix, U.S. Virgin Is- tions of these great territories and day of this Congress and which ex- lands, then the Danish West Indies dur- their impact on American culture cre- presses the sense of Congress that chil- ing his formative years and before ates a better understanding of our Na- dren in the United States should under- coming to the then Colonies. It is while tion’s history. stand and appreciate the contributions on the U.S. Virgin Islands that, accord- Madam Speaker, once again, I ex- of individuals from the United States ing to noted historian Richard press my support for recognizing the Virgin Islands, Puerto Rico, American Brookhiser and others, that Hamilton important contributions of individuals Samoa, Guam, and the Northern Mar- learned accounting and trade which from these territories of the United iana Islands to the U.S. history. I am spanned international borders and States. joined in this bill by 46 cosponsors. where he began to develop his philos- I reserve the balance of my time. This bill began with young people ophy of life and politics. One of his ear- Ms. FOXX. Madam Speaker, I yield and it is for young people, but it is also liest recorded writings is a descriptive myself such time as I may consume. for all Americans. A few years ago, I and moving account of a hurricane I rise today in support of House Con- was on the campus of the Charlotte which was published in the local news- current Resolution 2, expressing the Amalie High School in St. Thomas, and paper when he was around 16, in 1772. sense of the Congress that schools in as I was leaving some students gath- More recently, one of New York’s the United States should honor the ered around to greet me and ask ques- premier politicians of the mid 1900s was contributions of individuals from the tions. It is because of one of those J. Raymond Jones, also known as the territories of the United States by in- questions that I introduced this resolu- Silver Fox, from St. Thomas, who ran cluding such contributions in the tion. politics in New York City and is cred- teaching of the United States history. A young lady expressed her concern ited as a mentor by our own greater Scholars say that teaching history to and frustration that so many stateside leader in this Congress, Congressman children has many important lifelong children and adults as well knew so lit- and Chairman CHARLES RANGEL. He benefits. History provides them with tle about the Virgin Islands. Is it is a played an important role in laying the identity. Studying history improves complaint I have heard often from political foundation of that city, which their decision-making and judgment. other students coming up for Close Up continues to this day. History highlights models of good and and other legislative classrooms. They We were active and remain active in responsible citizenship. History also challenged me to do something about the U.S. labor movement. Men like teaches students how to learn from the it. Ashley Totten was one of A. Phillip mistakes of societies’ past. History While it has taken longer than I Randolph’s lieutenants, and instru- helps them understand change and so- would have liked, I am pleased that mental in the founding of the Brother- cietal development, and it provides a House Concurrent Resolution 2 is being hood of Sleeping Car Porters. context from which to understand oth- considered today, and I would like to In the entertainment business, people ers. thank Chairman MILLER, Ranking like Kelsey Grammer grew up in St. Students today need to be engaged in Member MCKEON, and all of the com- Thomas, and he is well known for his substantive historical content. Only mittee members for their support as character on Cheers and its spinoff, through curriculum that provides well as my staff and the staff of the Frasier. Benny Benjamin, the well- solid, exciting historical narratives Education and Labor Committee for known songwriter of songs like ‘‘I and working with materials firsthand their work on bringing this resolution Don’t Want to Set the World on Fire,’’ will students grasp the essential events to the House floor. John Lucien, and others were from my of American history and proficiently Madam Speaker, the United States home. comprehend the crucial issues of mod- presently maintains sovereignty over There are also individuals like Cas- ern society. three unincorporated territories and per Holstein who played a role in the Included in our schools’ history cur- two commonwealths, the U.S. Virgin Harlem Renaissance, and Barbara riculum should be a look at the con- Islands, Puerto Rico, Guam, American Christian, an influential feminist lit- tributions of individuals from the terri- Samoa, and Northern Mariana Islands. erary scholar and critic who was born tory of the United States. From revolu- All, including the now Freely Associ- in St. Thomas, Virgin Islands. tionary times through the second ated States of Palau, Micronesia, and And, of course, we have also made World War, these territories have Marshall Islands, have contributed to major contributions in sports, with played significant roles in American the defense and the richness of the Tim Duncan of the San Antonio Spurs, history. United States in politics, music, arts, Raja Bell of the Phoenix Suns who Individuals who lived in U.S. terri- science, sports, education, as well as in both hail from St. Croix. And in the tories, including Puerto Rico, Guam, many other areas. past we had Giants catcher Valmy the U.S. Virgin Islands, Midway Is- And there have been many historic Thomas whose daughter Shelley works lands, the Mariana Islands, and Amer- events in the past that unfortunately in our office, Joe Christopher and Hor- ican Samoa have all contributed to the are not well known by the rest of our ace Clarke, and many others in major history and cultural fabric of our coun- country. As depicted in this painting league baseball. Boxing legends such as try in unique ways. As such, the stories that is the cover on a book about many Emile Griffith and Julian Jackson are of their accomplishments and chal- of the relationships between the then from the Virgin Islands. And none of us lenges should be passed down to our Danish West Indies and the early years could match the number of major young people and included when we of this country, it is reported that it league football players who come from talk about the rich history of this was a ship in Christiansted Harbor in American Samoa. great country. St. Croix that gave the first foreign But it should not take an NBA game I ask my colleagues to support this recognition to the early Stars and or a boxing match to bring about resolution. Stripes in June of 1776. In another fact, awareness of the U.S. territories. Our I reserve the balance of my time. one of the earliest flags was designed children should begin to learn about Mr. SARBANES. Madam Speaker, it by a Markoe, again from the then Dan- the U.S. territories within the context is my privilege at this time to yield ish West Indies. of U.S. history. such time as she may consume to the Madam Speaker, among outstanding Madam Speaker, it is the diversity of gentlelady from the Virgin Islands, the Virgin Islanders in American history, the citizens of the United States that sponsor of this important bill, Mrs. we are also proud to count Alexander strengthens this Nation, and individ- CHRISTENSEN. Hamilton, one of the great Founding uals from the territories have contrib- Mrs. CHRISTENSEN. Madam Speak- Fathers of our Nation, the first Sec- uted to that diversity and continue er, I am proud to rise in strong support retary of the Treasury and the author through today. The sad reality is that

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Madam Speaker, at Today, our school children learn the to world history. this time it is my pleasure to yield capital cities of Jefferson City, Boise, A full history program should include such time as she may consume to the Concord, Tallahassee, and many oth- curricula that give students a balanced gentlewoman from Guam (Ms. ers. But San Juan, Pago Pago, and learning of all of the historic contribu- BORDALLO), and I would say I have ben- Hagatna, for example, they are unfa- tions that impact people who live in efited from having my office right miliar to their ear and rarely can be the United States, including contribu- across the hall from her office because pinpointed on the map. Our territorial tions made by the people of the terri- she has sponsored a number of cultural flags, seals, trees, flowers, birds, et tories, the Commonwealth of the activities in the hallway between our cetera, they are all too frequently United States, and the Freely Associ- offices, so I have learned a lot about overlooked or a mystery, our history ated States. Guam since I got here. under appreciated. This bill will be a giant step forward Ms. BORDALLO. I thank the gen- How many young students today in ensuring that all Americans, how- tleman. know that Guam was discovered by ever separated by geography, are fully Madam Speaker, today the teaching Magellan in 1521, and Guam was gov- a part of the told and taught history of of history to our children and young erned under Spain for 100 years. Today, our great country, as we are today an adults is an integral part of the learn- too few Americans know and realize integral part of its unfolding future. ing experience and the American ele- that the territory of Guam was And to the children and young people mentary and secondary education sys- bombarded, attacked and invaded by of Guam, American Samoa, the North- tem. History is a formidable, impor- Imperial Japanese forces concurrent ern Mariana Islands, the Freely Associ- tant part of the curriculum and the in- with the attack on Pearl Harbor. Too ated States, Puerto Rico, and the U.S. tellectual development of our youth. It few Americans know and learn about Virgin Islands, this bill is for you. is through history that we learn about, the loyalty and courage of the people I urge my colleagues to pass House recall, and reflect upon lessons of the of Guam in suffering at the hands of a Concurrent Resolution 2. past and it is through history that we brutal enemy, while their homeland, Mr. SARBANES. Madam Speaker, I learn to responsibly recognize and seize sovereign American soil, was occupied. reserve the balance of my time. the opportunities of the future. History Guam is the only American community Ms. FOXX. Madam Speaker, unfortu- is an exercise of self-awareness. It to have been occupied since the War of nately, as I was listening to the Dele- helps each citizen understand his or 1812. gate speak, I realized that the failed her place and role in our society, and it This resolution is an exercise about energy policies of the Democratic ma- helps us establish a continuity for learning to appreciate the cultures and jority are going to be hurting these progress. the history of our islands, where our very groups of folks, because people It is through history that we learn U.S. flag flies. House Concurrent Reso- can’t afford to fly there for vacation; about and come to appreciate our lution 2 expresses the sense of this Con- the prices of tickets have gone up so roots, our heritage, our culture, our gress that schools and educators all much that it is going to hurt signifi- progress as a society, and our relation- across these 50 United States and right cantly the tourism industry. ships to one another and about how our here in our Nation’s capital city should Also, I think as we study the history family and our community relate to strive to teach our children about the of the contributors from the territories the broader world and to the genera- territories and should in their noble of the United States, we need to call tions that have come before us and profession seek to honor the contribu- attention to people to the history of those that follow us. Through history, tions of individuals from each of these the actions of the Democrats and Re- our children learn about people and the territories. publicans in relation to American- faces and the stories behind the names For over a century now individuals made oil and gas, which is a history of that have helped shape our great demo- from Guam, Puerto Rico, American support and opposition. cratic experiment. Samoa, the United States Virgin Is- When it comes to taking meaningful The teaching of United States his- lands, and the Northern Mariana Is- steps to provide affordable energy to tory is fundamental to the American lands have contributed to the growth the American people, Congress has the classroom. Yet, the teaching of history and development of our country. Indi- ability and responsibility to act. Unfor- can be elevated today with greater in- viduals from the territories have stood tunately, a clear pattern has emerged corporation of facts related to the ter- shoulder to shoulder with their broth- over the years as one party consist- ritories and our fellow Americans who ers and sisters in harm’s way, and I am ently has fought to increase access to call the territories home. Integration speaking about the war in Iraq and Af- home-grown energy reserves while the into the modern day curriculum of the ghanistan. They have worn the uniform other has consistently voted to expand accounts of relationships and the cir- in times of war, and boast some of America’s dependence on foreign unsta- cumstances surrounding the entry of highest enlistment rates in our mili- ble energy instead. each of the territories into the Amer- tary. Many have paid the ultimate sac- b 1815 ican family is both appropriate and rifice from World War I to the present We have compiled the facts by the needed if our teaching of American his- day war against terrorism. issues. tory is to be complete and meaningful. Some have gone on to distinguished ANWR exploration: House Repub- Learning about the contributions of il- military careers as officers. Others licans, 91 percent supported; House lustrious persons from the territories have made contributions in the fields Democrats, 86 percent opposed. complements this goal and is a proven, of medicine, law, music and the arts. Coal-to-liquid: House Republicans, 97 effective means of sharing our history. Some have become incredible teachers percent supported; House Democrats, Today, American children, for exam- in their own rights, and work to pre- 78 percent opposed. ple, learn about Squanto, George Wash- serve our history and expand the circle Oil shale exploration: House Repub- ington, Paul Revere, Lewis and Clark, of awareness about the beautiful tap- licans, 90 percent supported; House Buffalo Bill Cody, Susan B. Anthony, estry and the rich history of the people Democrats, 86 opposed. Francis Scott Key, Orville and Wilbur of the United States territories. Outer Continental Shelf exploration: Wright, Rosa Parks, and many, many The textbooks, the classroom discus- House Republicans, 81 percent sup- other notable Americans. But, Madam sions, the maps, the globes, the tech- ported; House Democrats, 83 percent Speaker, the names and the stories of nology, the learning games, all could opposed. historic figures in the territories are stand to include more pages, more

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It encourages and it rent resolution, as amended, was ership in working to incorporate the guides us on how we can teach this val- agreed to. territories into history for America’s uable, valuable history of the U.S. ter- The title was amended so as to read: schoolchildren. ritories to all Americans so that they ‘‘Concurrent resolution expressing the I stand here today proud of our own can gain a deeper appreciation of it. I sense of the Congress that children in schoolchildren on Guam. This debate is want to thank those who spoke today, the United States should understand on the heels of their participation last Congresswoman BORDALLO and Con- and appreciate the contributions of in- week for the first time in the national gresswoman CHRISTENSEN, for contrib- dividuals from the territories of the competition for National History Day, uting their perspective on this impor- United States and the contributions of and my colleague spoke about this. His tant bill, and I want to urge my col- such individuals in United States his- office is located right across from leagues to support it unanimously if tory.’’. mine, and they all performed in the they could. A motion to reconsider was laid on ˜ hallway. History students from George Mr. FORTUNO. Madam Speaker, I am tre- the table. mendously proud to be a co-sponsor of House Washington High School, Untalan Mid- f dle School, Agueda Johnston Middle Concurrent Resolution 2, which expresses the APPOINTMENT AS MEMBERS TO School and Guam High School all com- sense of this Congress that schools in the COMMISSION ON THE ABOLITION peted with students from all across the United States should honor the contributions OF THE TRANSATLANTIC SLAVE United States at the University of of individuals from the U.S. territories by in- TRADE Maryland, College Park, in the na- cluding such contributions in the teaching of tional competition with research pa- American history. This Resolution will encour- The SPEAKER pro tempore. Pursu- pers, exhibits, performance and docu- age schools to teach—and students to learn— ant to section 4(a) of the Commission mentaries. This occurred, as I said, just about the rich history and vibrant cultures of on the Abolition of the Transatlantic last week. And they also went on a the U.S. territories and the many achieve- Slave Trade (Public Law 110–183), and field trip in Washington, DC. ments of individuals born there. I want to com- the order of the House of January 4, So, Madam Speaker, I stand in full mend Congresswoman CHRISTENSEN for intro- 2007, the Chair announces the Speak- support, in strong support for the pas- ducing H. Con. Res 2. er’s appointment of the following mem- sage of this very important House Con- In the case of Puerto Rico, the impact that bers on the part of the House to the our native sons and daughters have had on current Resolution 2. Commission on the Abolition of the Mr. SARBANES. I inquire whether every aspect of American society cannot be Transatlantic Slave Trade: the gentlelady has any additional overstated. Can you imagine preparing a his- Mr. Donald Payne, Newark, New Jer- tory of Major League baseball without devoting speakers. sey Ms. FOXX. Madam Speaker, I don’t at least a chapter to Roberto Clemente and Mr. Howard Dodson, New York, New the hundreds of Puerto Rican players who have any additional speakers, but I York have followed in his wake? Likewise, consider have some additional comments. Ms. Evelyn Brooks Higginbotham, how much the film industry owes to great ac- Mr. SARBANES. Madam Speaker, in Cambridge, Massachusetts. tors like Jose Ferrer, Raul Julia and Benicio that case, I reserve the balance of my del Toro—to name just a few. Beyond ath- f time. letics and the arts, many Puerto Ricans have b 1830 Ms. FOXX. Madam Speaker, I yield made important contributions in the fields of myself such time as I may consume. ANNOUNCEMENT BY THE SPEAKER politics, business and law. With respect to na- I went over the list of differences in PRO TEMPORE tional service, students and teachers may not ways that Republicans have suggested be aware—but should be—that residents of The SPEAKER pro tempore. Pursu- that Americans become energy inde- Puerto Rico and the other U.S. territories ant to clause 8 of rule XX, proceedings pendent from foreign sources of oil. I serve in the U.S. military. They ought to know will resume on motions to suspend the want to give a summary of those now. that Puerto Rico sends a higher percentage of rules previously postponed. I have stated that the gap has been as its residents to the armed forces that all but Votes will be taken in the following much as 97 percent of House Repub- one other U.S. jurisdiction and that four Puerto order: H. Res. 1242; H. Con. Res. 372; and licans supporting increasing refinery Ricans have won the Medal of Honor. H. Con. H. Res. 1051, each by the yeas and nays. capacity, and 96 percent Democrats op- Res 2 will help ensure that students in our Na- The first electronic vote will be con- posing increased refinery capacity. tion’s schools learn basic but largely unknown ducted as a 15-minute vote. Remaining The summary of all of the issues I facts about the U.S. territories—how they were electronic votes will be conducted as 5- have outlined was 91 percent of House acquired, what political and civil rights resi- minute votes. Republicans have historically voted to dents of the territories have and do not have f increase the production of American when compared to their fellow citizens in the HONORING THE LIFE OF LOUIS made oil and gas, while on average 86 states, and the prospects for change. percent of House Democrats have his- JORDAN ON THE 100TH ANNIVER- Unsurprisingly, there are still many people in SARY OF HIS BIRTH torically voted against increasing the our great Nation—children and adults—who production of American made oil and do not know the names of the U.S. territories The SPEAKER pro tempore. The un- gas. or their location on a map. It is my hope that, finished business is the vote on the mo- My interest and the interest of other by teaching students about the history of the tion to suspend the rules and agree to Republicans is in keeping this country territories and the individual accomplishments the resolution, H. Res. 1242, on which as the greatest country in the world of their residents, we can foster better under- the yeas and nays were ordered. and ending our dependence on foreign standing of and greater appreciation for the The Clerk read the title of the resolu- oil. I call on the Democratic majority many contributions that the territories have tion. to join with Republicans in taking ac- made to American life. The SPEAKER pro tempore. The tion toward this goal. Madam Speaker, I yield back the bal- question is on the motion offered by Madam Speaker, I yield back the bal- ance of my time. the gentleman from Maryland (Mr. ance of my time. The SPEAKER pro tempore. The SARBANES) that the House suspend the Mr. SARBANES. Madam Speaker, I question is on the motion offered by rules and agree to the resolution, H. know it is incredibly difficult for the the gentleman from Maryland (Mr. Res. 1242. minority to resist the impulse to lob SARBANES) that the House suspend the The vote was taken by electronic de- this energy rhetoric into every single rules and agree to the concurrent reso- vice, and there were—yeas 348, nays 0, discussion we have here on the floor. I lution, H. Con. Res. 2, as amended. not voting 86, as follows:

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13379 [Roll No. 438] Rothman Smith (NE) Van Hollen the gentleman from Maryland (Mr. Royce Smith (NJ) Vela´ zquez YEAS—348 SARBANES) that the House suspend the Ruppersberger Smith (TX) Visclosky Abercrombie Doggett Latta Ryan (WI) Smith (WA) Walberg rules and agree to the concurrent reso- Ackerman Donnelly Lee Salazar Snyder Walsh (NY) lution, H. Con. Res. 372. Aderholt Doolittle Levin Sali Speier Walz (MN) This will be a 5-minute vote. Akin Dreier Lewis (CA) Sanchez, Loretta Spratt Wamp Altmire Duncan Lewis (GA) Sarbanes Stark Wasserman The vote was taken by electronic de- Andrews Edwards (MD) Lewis (KY) Saxton Stearns Schultz vice, and there were—yeas 353, nays 0, Arcuri Edwards (TX) Linder Scalise Stupak Watson not voting 81, as follows: Baca Ehlers Lipinski Schakowsky Sullivan Watt Bachmann Ellison LoBiondo Schmidt Sutton [Roll No. 439] Waxman Bachus Ellsworth Lofgren, Zoe Scott (GA) Tanner Welch (VT) Baird Emanuel Lowey Scott (VA) Tauscher YEAS—353 Baldwin Emerson Lucas Sensenbrenner Taylor Westmoreland Abercrombie Davis (KY) Jackson (IL) Barrett (SC) English (PA) Lungren, Daniel Serrano Terry Wexler Ackerman Davis, David Jackson-Lee Barrow Eshoo E. Sessions Thompson (CA) Whitfield (KY) Aderholt Davis, Lincoln (TX) Bartlett (MD) Etheridge Lynch Shadegg Thornberry Wilson (NM) Akin Davis, Tom Jefferson Barton (TX) Everett Mack Shays Tiahrt Wilson (SC) Altmire Deal (GA) Johnson (GA) Bean Fallin Mahoney (FL) Sherman Tiberi Wittman (VA) Andrews DeFazio Johnson, E. B. Berkley Farr Manzullo Shuler Tierney Wolf Arcuri DeGette Jones (NC) Berry Fattah Marchant Shuster Towns Woolsey Baca DeLauro Jones (OH) Biggert Feeney Markey Simpson Tsongas Wu Bachmann Dent Jordan Bilbray Filner Marshall Skelton Turner Yarmuth Bachus Diaz-Balart, L. Kagen Bilirakis Flake Matheson Slaughter Upton Young (AK) Baird Diaz-Balart, M. Keller Bishop (GA) Forbes Matsui Baldwin Dicks Kennedy Bishop (NY) Fortenberry McCarthy (CA) NOT VOTING—86 Barrett (SC) Dingell Kildee Bishop (UT) Fossella McCarthy (NY) Alexander Hoekstra Pryce (OH) Barrow Doggett King (IA) Blumenauer Foster McCaul (TX) Allen Hulshof Radanovich Bartlett (MD) Donnelly King (NY) Blunt Foxx McCollum (MN) Becerra Hunter Reyes Barton (TX) Doolittle Kirk Boehner Franks (AZ) McCotter Berman Israel Reynolds Bean Drake Klein (FL) Bonner Frelinghuysen McCrery Blackburn Johnson (IL) Roybal-Allard Becerra Dreier Kline (MN) Bono Mack Garrett (NJ) McDermott Boucher Johnson, Sam Rush Berkley Duncan Kucinich Boozman Gerlach McGovern Boyda (KS) Jones (OH) Ryan (OH) Berry Edwards (MD) Kuhl (NY) Boren Giffords McHenry Burton (IN) Kanjorski Sa´ nchez, Linda Biggert Edwards (TX) LaHood Boswell Gillibrand McHugh Buyer Kaptur T. Bilbray Ehlers Lamborn Boustany Gingrey McIntyre Cannon Kilpatrick Schiff Bilirakis Ellison Lampson Boyd (FL) Gonzalez McKeon Cantor Kind Schwartz Bishop (GA) Ellsworth Larsen (WA) Brady (PA) Goode McMorris Carnahan Kingston Sestak Bishop (NY) Emanuel Larson (CT) Brady (TX) Goodlatte Rodgers Carney Knollenberg Shea-Porter Bishop (UT) Emerson Latham Braley (IA) Gordon McNerney Cohen Langevin Shimkus Blumenauer Engel LaTourette Broun (GA) Granger Meek (FL) Costa Loebsack Sires Blunt English (PA) Latta Brown (SC) Graves Meeks (NY) Costello Maloney (NY) Solis Boehner Eshoo Lee Brown, Corrine Green, Al Melancon Courtney McNulty Souder Bonner Etheridge Levin Brown-Waite, Green, Gene Mica Davis (IL) Miller, Gary Space Bono Mack Everett Lewis (CA) Ginny Hall (NY) Michaud Doyle Mollohan Tancredo Boozman Fallin Lewis (GA) Buchanan Hall (TX) Miller (FL) Drake Moran (KS) Thompson (MS) Boren Farr Lewis (KY) Burgess Hare Miller (MI) Engel Murphy (CT) Udall (CO) Boswell Fattah Linder Butterfield Harman Miller (NC) Ferguson Murphy, Tim Udall (NM) Boucher Feeney Lipinski Calvert Hastings (FL) Miller, George Frank (MA) Murtha Walden (OR) Boustany Filner LoBiondo Camp (MI) Hastings (WA) Mitchell Gallegly Nunes Waters Boyd (FL) Flake Lofgren, Zoe Campbell (CA) Hayes Moore (KS) Gilchrest Pascrell Weiner Brady (PA) Forbes Lowey Capito Heller Moore (WI) Gohmert Payne Weldon (FL) Brady (TX) Fortenberry Lucas Capps Hensarling Moran (VA) Grijalva Pearce Weller Braley (IA) Fossella Lungren, Daniel Capuano Herger Murphy, Patrick Gutierrez Peterson (PA) Wilson (OH) Broun (GA) Foster E. Cardoza Herseth Sandlin Musgrave Hill Pickering Young (FL) Brown (SC) Foxx Lynch Carson Higgins Myrick Brown, Corrine Franks (AZ) Mack Carter Hinchey Nadler b 1856 Brown-Waite, Frelinghuysen Mahoney (FL) Castle Hinojosa Napolitano Ginny Garrett (NJ) Manzullo Castor Hirono Neal (MA) Mr. GEORGE MILLER of California Buchanan Gerlach Marchant Cazayoux Hobson Neugebauer changed his vote from ‘‘nay’’ to ‘‘yea.’’ Burgess Giffords Markey Chabot Hodes Oberstar So (two-thirds being in the affirma- Butterfield Gillibrand Marshall Chandler Holden Obey Calvert Gingrey Matheson Childers Holt Olver tive) the rules were suspended and the Camp (MI) Gonzalez Matsui Clarke Honda Ortiz resolution was agreed to. Campbell (CA) Goode McCarthy (CA) Clay Hooley Pallone The result of the vote was announced Cantor Goodlatte McCarthy (NY) Cleaver Hoyer Pastor as above recorded. Capito Gordon McCaul (TX) Clyburn Inglis (SC) Paul Capps Granger McCollum (MN) Coble Inslee Pence A motion to reconsider was laid on Capuano Graves McCotter Cole (OK) Issa Perlmutter the table. Cardoza Green, Al McCrery Conaway Jackson (IL) Peterson (MN) Mr. TIM MURPHY of Pennsylvania. Mr. Carson Green, Gene McDermott Conyers Jackson-Lee Petri Carter Hall (NY) McGovern Cooper (TX) Pitts Speaker, on rollcall No. 438, H. Res. 1242, Castle Hall (TX) McHenry Cramer Jefferson Platts Honoring the life, musical accomplishments, Castor Hare McHugh Crenshaw Johnson (GA) Poe and contributions of Louis Jordan on the 100th Cazayoux Harman McIntyre Crowley Johnson, E. B. Pomeroy Chabot Hastings (FL) McKeon Cubin Jones (NC) Porter anniversary of his birth, had I been present, I Chandler Hastings (WA) McMorris Cuellar Jordan Price (GA) would have voted ‘‘yea.’’ Childers Hayes Rodgers Culberson Kagen Price (NC) f Clarke Heller McNerney Cummings Keller Putnam Clay Hensarling Meek (FL) Davis (AL) Kennedy Rahall SUPPORTING THE GOALS AND Cleaver Herger Meeks (NY) Davis (CA) Kildee Ramstad Clyburn Herseth Sandlin Mica Davis (KY) King (IA) Rangel IDEALS OF BLACK MUSIC MONTH Coble Higgins Michaud Davis, David King (NY) Regula The SPEAKER pro tempore (Mr. Cole (OK) Hinchey Miller (FL) Davis, Lincoln Kirk Rehberg Conaway Hinojosa Miller (MI) Davis, Tom Klein (FL) Reichert CUELLAR). The unfinished business is Conyers Hirono Miller (NC) Deal (GA) Kline (MN) Renzi the vote on the motion to suspend the Cooper Hobson Miller, George DeFazio Kucinich Richardson rules and agree to the concurrent reso- Cramer Hodes Mitchell DeGette Kuhl (NY) Rodriguez Crenshaw Holden Moore (KS) Delahunt LaHood Rogers (AL) lution, H. Con. Res. 372, on which the Crowley Holt Moore (WI) DeLauro Lamborn Rogers (KY) yeas and nays were ordered. Cubin Honda Moran (VA) Dent Lampson Rogers (MI) The Clerk read the title of the con- Cuellar Hooley Murphy, Patrick Diaz-Balart, L. Larsen (WA) Rohrabacher current resolution. Culberson Hoyer Murtha Diaz-Balart, M. Larson (CT) Ros-Lehtinen Cummings Inglis (SC) Musgrave Dicks Latham Roskam The SPEAKER pro tempore. The Davis (AL) Inslee Myrick Dingell LaTourette Ross question is on the motion offered by Davis (CA) Issa Nadler

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13380 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 Napolitano Rothman Tauscher WELCOMING HENRY NELSON Diaz-Balart, M. Kline (MN) Rehberg Neal (MA) Royce Taylor GILLIBRAND Dicks Kucinich Reichert Neugebauer Ruppersberger Terry Dingell Kuhl (NY) Renzi Oberstar Ryan (WI) Thompson (CA) (Mrs. GILLIBRAND asked and was Doggett LaHood Richardson Obey Salazar Thornberry given permission to address the House Donnelly Lamborn Rodriguez Olver Sali Doolittle Lampson Rogers (AL) Tiahrt for 1 minute.) Ortiz Sanchez, Loretta Tiberi Doyle Langevin Rogers (KY) Pallone Sarbanes Tierney Mrs. GILLIBRAND. Mr. Speaker, I Drake Larsen (WA) Rogers (MI) Pastor Saxton Towns rise to announce the birth of the new- Dreier Larson (CT) Rohrabacher Paul Scalise Tsongas Duncan Latham Ros-Lehtinen Pence Schakowsky est upstate New Yorker, Henry Nelson Turner Edwards (MD) LaTourette Roskam Perlmutter Schmidt Gillibrand, and to announce his birth Edwards (TX) Latta Upton Ross Peterson (MN) Scott (GA) Ehlers Lee Van Hollen to the Members of the 110th Congress. Rothman Petri Scott (VA) Ellison Levin Vela´ zquez I want to thank the Members for all Royce Pitts Sensenbrenner Ellsworth Lewis (CA) Ruppersberger Platts Serrano Visclosky their encouragement and good wishes. Emanuel Lewis (GA) Ryan (WI) Poe Sessions Walberg And I want to thank the friends and all Emerson Lewis (KY) Salazar Pomeroy Shadegg Walden (OR) the constituents of upstate New York, Engel Linder Sali Porter Shays Walsh (NY) English (PA) Lipinski Sanchez, Loretta Price (GA) Sherman Wamp from the 20th District of New York, for Eshoo LoBiondo Sarbanes Price (NC) Shuler Wasserman their good wishes and their prayers. Etheridge Lofgren, Zoe Saxton Putnam Shuster Schultz Everett Lowey Scalise Rahall Simpson Watson f Fallin Lucas Schakowsky Ramstad Skelton Watt Farr Lungren, Daniel Rangel Slaughter ANNOUNCEMENT BY THE SPEAKER Schmidt Waxman Fattah E. Scott (GA) Regula Smith (NE) Welch (VT) PRO TEMPORE Feeney Lynch Rehberg Smith (NJ) Scott (VA) Westmoreland The SPEAKER pro tempore. Without Filner Mack Sensenbrenner Reichert Smith (TX) Flake Mahoney (FL) Wexler Serrano Renzi Smith (WA) objection, 5-minute voting will con- Forbes Manzullo Whitfield (KY) Sessions Richardson Snyder Fortenberry Marchant Wilson (NM) tinue. Shadegg Rodriguez Speier Fossella Markey Wilson (SC) There was no objection. Shays Rogers (AL) Spratt Foster Marshall Rogers (KY) Stark Wittman (VA) Sherman Wolf f Foxx Matheson Rogers (MI) Stearns Franks (AZ) Matsui Shuler Woolsey Rohrabacher Stupak Frelinghuysen McCarthy (CA) Shuster Ros-Lehtinen Sullivan Wu CONGRATULATING JAMES MADI- Simpson SON UNIVERSITY FOR 100 YEARS Garrett (NJ) McCarthy (NY) Roskam Sutton Yarmuth Gerlach McCaul (TX) Skelton Ross Tanner Young (AK) OF SERVICE AND LEADERSHIP Giffords McCollum (MN) Slaughter Smith (NE) NOT VOTING—81 The SPEAKER pro tempore. The un- Gillibrand McCotter Gingrey McCrery Smith (NJ) Alexander Israel Reynolds finished business is the vote on the mo- Gonzalez McDermott Smith (TX) Allen Johnson (IL) Roybal-Allard tion to suspend the rules and agree to Goode McGovern Smith (WA) Berman Johnson, Sam Rush the resolution, H. Res. 1051, as amend- Goodlatte McHenry Snyder Blackburn Kanjorski Ryan (OH) Gordon McHugh Speier Boyda (KS) Kaptur Sa´ nchez, Linda ed, on which the yeas and nays were or- Granger McIntyre Spratt Burton (IN) Kilpatrick T. dered. Green, Al McKeon Stark Buyer Kind Schiff The Clerk read the title of the resolu- Green, Gene McNerney Stearns Cannon Kingston Schwartz Hall (NY) Meek (FL) Stupak Carnahan Knollenberg tion. Sestak Hall (TX) Meeks (NY) Sullivan Carney Langevin Shea-Porter The SPEAKER pro tempore. The Hare Melancon Sutton Cohen Loebsack question is on the motion offered by Harman Mica Tanner Costa Maloney (NY) Shimkus Sires the gentleman from Maryland (Mr. Hastings (FL) Michaud Tauscher Costello McNulty Hastings (WA) Miller (FL) Taylor Courtney Melancon Solis SARBANES) that the House suspend the Hayes Miller (MI) Terry Davis (IL) Miller, Gary Souder rules and agree to the resolution, H. Hensarling Miller (NC) Thompson (CA) Delahunt Mollohan Space Res. 1051, as amended. Herger Mitchell Thornberry Doyle Moran (KS) Tancredo Herseth Sandlin Moore (KS) Tiahrt Ferguson Murphy (CT) Thompson (MS) This will be a 5-minute vote. Higgins Moore (WI) Tiberi Frank (MA) Murphy, Tim Udall (CO) The vote was taken by electronic de- Hinchey Moran (VA) Tierney Gallegly Nunes Udall (NM) vice, and there were—yeas 354, nays 0, Hinojosa Murphy, Patrick Towns Gilchrest Pascrell Walz (MN) not voting 80, as follows: Hirono Murtha Tsongas Gohmert Payne Waters Hobson Musgrave Turner Grijalva Pearce Weiner [Roll No. 440] Hodes Myrick Upton Gutierrez Peterson (PA) Weldon (FL) Holden Nadler YEAS—354 Van Hollen Hill Pickering Weller Holt Napolitano Vela´ zquez Hoekstra Pryce (OH) Abercrombie Boozman Chandler Honda Neal (MA) Wilson (OH) Visclosky Hulshof Radanovich Ackerman Boren Childers Hooley Neugebauer Young (FL) Walberg Hunter Reyes Aderholt Boswell Clarke Hoyer Oberstar Akin Boucher Clay Walden (OR) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Inglis (SC) Obey Altmire Boustany Cleaver Inslee Olver Walsh (NY) The SPEAKER pro tempore (during Andrews Boyd (FL) Clyburn Issa Ortiz Walz (MN) the vote). Members have 2 minutes to Arcuri Brady (PA) Coble Jackson (IL) Pallone Wamp vote. Baca Brady (TX) Cole (OK) Jackson-Lee Pastor Wasserman Bachmann Braley (IA) Conaway (TX) Paul Schultz b 1904 Bachus Broun (GA) Conyers Jefferson Pence Watson Baird Brown (SC) Cooper Johnson (GA) Perlmutter Watt So (two-thirds being in the affirma- Baldwin Brown, Corrine Cramer Johnson, E. B. Peterson (MN) Waxman tive) the rules were suspended and the Barrett (SC) Brown-Waite, Crenshaw Jones (NC) Petri Welch (VT) Barrow Ginny Crowley Jones (OH) Pitts Westmoreland concurrent resolution was agreed to. Bartlett (MD) Buchanan Cubin The result of the vote was announced Jordan Platts Wexler Barton (TX) Burgess Cuellar Kagen Poe Whitfield (KY) as above recorded. Bean Butterfield Culberson Kaptur Pomeroy Wilson (NM) A motion to reconsider was laid on Becerra Calvert Cummings Keller Porter Wilson (SC) Berkley Camp (MI) Davis (AL) Kennedy Price (NC) Wittman (VA) the table. Berry Campbell (CA) Davis (CA) Stated for: Kildee Putnam Wolf Biggert Cantor Davis (KY) King (IA) Rahall Woolsey Mr. TIM MURPHY of Pennsylvania. Mr. Bilbray Capito Davis, David King (NY) Ramstad Wu Speaker, on rollcall No. 439, H. Con. Res. Bilirakis Capps Davis, Lincoln Kirk Rangel Yarmuth Bishop (GA) Capuano Davis, Tom Klein (FL) Regula Young (AK) 372, Supporting the goals and ideals of Black Bishop (NY) Cardoza Deal (GA) Music Month and to honor the outstanding Bishop (UT) Carson DeFazio NOT VOTING—80 contributions that African American singers Blumenauer Carter DeGette and musicians have made to the United Blunt Castle Delahunt Alexander Boyda (KS) Carnahan Boehner Castor DeLauro Allen Burton (IN) Carney States, had I been present, I would have Bonner Cazayoux Dent Berman Buyer Cohen voted ‘‘yea.’’ Bono Mack Chabot Diaz-Balart, L. Blackburn Cannon Costa

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Costello Loebsack Ryan (OH) ANNOUNCEMENT OF INTENTION TO woman from California (Ms. WOOLSEY) Courtney Maloney (NY) Sa´ nchez, Linda OFFER MOTION TO INSTRUCT is recognized for 5 minutes. Davis (IL) McMorris T. Ferguson Rodgers Schiff CONFEREES ON H.R. 4040, CON- Ms. WOOLSEY. Mr. Speaker, nothing Frank (MA) McNulty Schwartz SUMER PRODUCT SAFETY MOD- has stained the honor of the United Gallegly Miller, Gary Sestak ERNIZATION ACT States in recent years like the use of Gilchrest Miller, George Shea-Porter torture against detainees, detainees in Gohmert Mollohan Shimkus Mr. KIRK. Mr. Speaker, pursuant to Graves Moran (KS) Iraq and detainees elsewhere. Torture Sires clause 7(c)(1) of rule XXII, I hereby no- Grijalva Murphy (CT) Solis tify the House of my intention to offer goes against our Nation’s most basic Gutierrez Murphy, Tim values, and it undermines the Amer- Heller Nunes Souder a motion to instruct conferees on H.R. Hill Pascrell Space 4040. ican people’s reputation as a compas- Tancredo Hoekstra Payne The form of my motion is as follows: sionate and committed people to Hulshof Pearce Thompson (MS) human rights. Hunter Peterson (PA) Udall (CO) I move that the managers on the part of Israel Pickering Udall (NM) the House at the conference on the dis- Torture is not only immoral; it has a Johnson (IL) Price (GA) Waters agreeing votes of the two Houses on the Sen- practical damaging effect on our for- Johnson, Sam Pryce (OH) Weiner ate amendment to the bill H.R. 4040 be in- eign policy. When America is involved Kanjorski Radanovich Weldon (FL) structed to insist on the provisions con- in torture, we lose the moral authority Kilpatrick Reyes Weller tained in the House bill with regard to the Kind Reynolds that is our most powerful weapon in Wilson (OH) definition of ‘‘children’s product’’. Kingston Roybal-Allard Young (FL) the fight against terrorism. How can Knollenberg Rush f we lead the world against terrorism ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NO FREEDOM OF SPEECH AT U.N. when the world believes that we don’t HUMAN RIGHTS COUNCIL respect the rule of law ourselves? The SPEAKER pro tempore (during That is why I want to call attention the vote). There are 2 minutes remain- (Mr. POE asked and was given per- to a new report on torture that was ing on this vote. mission to address the House for 1 issued last week by the group Physi- minute.) cians for Human Rights. This group as- Mr. POE. Mr. Speaker, the U.N. b 1913 sembled a team of doctors and psy- Human Rights Council was formed to chologists to evaluate former detainees So (two-thirds being in the affirma- have open, lively debate on the basic held in Iraq, in Afghanistan, and Guan- tive) the rules were suspended and the human rights of all peoples. However, tanamo Bay. The team found that the resolution, as amended, was agreed to. some Muslim nations have put a strong detainees were tortured, even though The result of the vote was announced arm on the council and prevented free no charges were ever brought against as above recorded. discussions of practices that are advo- them or any explanation ever given for cated in the name of religion by a few A motion to reconsider was laid on their imprisonment. the table. Muslims. Those practices include fe- The torture consisted of beatings, Stated for: male genital mutilation and so-called electric shocks, involuntary medica- ‘‘honor killings,’’ or murder, of women. Mr. TIM MURPHY of Pennsylvania. Mr. tion, shackling, and sexual humilia- One would think that the mutilation Speaker, on rollcall No. 440, H. Res. 1051, tion. Other techniques were used, but and killing of women would be a front- Congratulating James Madison University in they are far too awful for me to men- burner topic with the Human Rights Harrisonburg, Virginia, for 100 years of service tion here. One Iraqi detainee who was Council. But some Muslims have said and leadership to the United States, had I held for a time in the notorious Abu this subject is taboo and the discussion been present, I would have voted ‘‘yea.’’ Ghraib prison said he was subjected to of this religious practice and the reli- psychological abuse as well as physical gious practices of other faiths is off- torture. He said that his captors f limits. threatened to rape his mother and his So much for the basic human right of sisters. PERSONAL EXPLANATION free speech. Those that advocate the mutilation Former Major General Anthony Ms. KILPATRICK. Mr. Speaker, due to per- Taguba, who conducted the Army’s in- sonal reasons, I was unable to attend several and honor killings of women in the name of religion should be proud of vestigation of the Abu Ghraib scandal votes. Had I been present, I would have voted in 2004, wrote a preface to the report. ‘‘yea’’ on final passage of H. Res. 1242, Hon- this doctrine of faith and be able to justify it before the U.N. Human He said, ‘‘In order for these individuals oring the life, musical accomplishments, and to suffer the wanton cruelty to which contributions of Louis Jordan on the 100th an- Rights Council. But I guess not. By the way, Mr. Speaker, it seems to they were subjected, a government pol- niversary of his birth; ‘‘yea’’ on final passage me that in the history of humanity, icy was promulgated to the field where- of my bill, H. Con. Res. 372, supporting the more murders, tortures, and wars have by the Geneva Conventions and the goals and ideals of Black Music Month and to been justified and done in the name of Uniform Code of Military Justice were honor the outstanding contributions that Afri- the world’s numerous religions than disregarded. The U.N. Convention can American singers and musicians have any other reason or cause. Against Torture was indiscriminately made to the United States, and ‘‘yea’’ on final Reason enough in 2008 to discuss this ignored .... ’’ passage of H. Res. 1051—Congratulating practice of abusing women. He continued: ‘‘Through the experi- James Madison University in Harrisonburg, And that’s just the way it is. ences,’’ he said, ‘‘of these men . . . we Virginia, for 100 years of service and leader- can see the full scope of the damage f ship to the United States. this illegal and unsound policy has in- SPECIAL ORDERS flicted, both on American institutions f The SPEAKER pro tempore. Under and our founding values.’’ the Speaker’s announced policy of Jan- Mr. Speaker, I am sure that there REMOVAL OF NAME OF MEMBER uary 18, 2007, and under a previous will be some people who will try to dis- AS COSPONSOR OF H.R. 6041 order of the House, the following Mem- credit this report by charging that it bers will be recognized for 5 minutes was prepared by a group determined to Mr. POE. Mr. Speaker, I ask unani- each. embarrass the administration. But if mous consent to remove my name as a f they don’t believe this report, perhaps cosponsor of H.R. 6041. they will believe the reporting of the The SPEAKER pro tempore. Is there TORTURE UNDERMINES OUR McClatchy newspapers, which con- objection to the request of the gen- VALUES AND MAKES US WEAKER ducted an 8-month investigation of the tleman from Texas? The SPEAKER pro tempore. Under a U.S. detention system created after There was no objection. previous order of the House, the gentle- 9/11. The McClatchy investigation

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13382 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 found ‘‘that the United States impris- and prosecutor, I have never heard of 65 Mr. JONES of North Carolina. Mr. oned innocent men, subjected them to criminal investigators assigned to one Speaker, as the Members of the House abuse, stripped them of their legal case except the 9/11 attack. are aware, in February of 2006, U.S. rights, and allowed Islamic militants What is the terrible atrocity these Border Patrol agents Ramos and to turn the prison camp at Guanta- news sources are talking about? Compean were convicted of shooting namo Bay into a school for jihad.’’ Well, Mr. Speaker, the Haditha, Iraq, and wounding a Mexican drug smuggler This House did the honorable thing a incident took place in November of 2005 who brought $1 million worth of mari- few months ago when it voted to stop when our Marines were attacked by the juana across our borders into Texas. the use of waterboarding and other ille- use of a roadside bomb that exploded, The agents were sentenced to 11 and 12 gal interrogation techniques. Forty- killing one Marine and wounding two years in prison and now have been in three retired generals and admirals others. The Marines were then engaged Federal prison for 523 days. supported that bill. Eighteen national in a firefight. Twenty-four Iraqis were Last week I sent a letter, signed by security experts, including former Sec- killed, including some civilians. Congressmen TED POE, DANA ROHR- retaries of State and national security After the gun battle was over and the ABACHER, VIRGIL GOODE, LOUIE advisers, supported it as well. But the smoke cleared, our government GOHMERT, JOHN CULBERSON, and DON President vetoed this bill, sending the charged four Marines with murder and MANZULLO, to ask the U.S. Department world a message that America con- four others with not properly inves- of Justice Office of Professional Re- dones torture. tigating the case. In a rabid rainstorm sponsibility to investigate the actions Torture doesn’t work. It doesn’t of criticism by U.S. journalists who of U.S. Attorney Johnny Sutton in this produce good information. It exposes were looking for the scalps of these case. eight Marines, the eight Marines were our own troops to torture if they are b 1930 captured. It creates enemies. In short, tried by a hysterical jury of journalists in the press and apparently found One of the main reasons for this re- torture doesn’t make us stronger; it quest stems from the firearm charge makes us weaker. guilty on all charges. But normally, Mr. Speaker, in Amer- used by his office in prosecuting the Congress must recognize these facts ica we try folks in our justice system agents. This charge carried a 10-year and move to restore our Nation’s good and give them a trial before we send minimum sentence. Without this name. The best way to begin to do that them off to the hangman and the gal- charge, one of the agents, Agent is by redeploying our troops out of Iraq lows. Be that as it may, now, 21⁄2 years Ramos, would have already completed and then help the Iraqi people to re- after expensive, intense, and thorough his sentence and would be out of prison build their lives and their country. I investigation, the facts as portrayed by and with his family today. know that this won’t happen soon the sensational National Enquirer-type The office of U.S. Attorney Johnny given last week’s vote on funding for journalists are not as they were por- Sutton charged the agents with the the occupation of Iraq. But sooner or trayed to be. discharge of a firearm during a crime later, Congress must act. Redeploying According to columnist Michelle of violence. Yet, there is no such crime. out of Iraq will help to heal the wounds Malkin, who covered these cases in The law makes it a crime to use or of torture and right the wrongs. depth, seven of the eight Marines have carry or possess a firearm in relation Mr. Speaker, it’s time for America to had their cases dropped or dismissed. to any crime of violence. The Supreme be America again: peace loving, com- The eighth is awaiting trial in a real Court ruled last year in United States passionate, and a true champion of court, rather than the court of yellow vs. Watson that discharge of a firearm human rights, and restore our dignity. journalism. is only a sentencing factor for a judge f These journalists, ironically, are the to consider at the conviction, not for HADITHA, IRAQ, FIREFIGHT THE same ones wanting to close down Guan- the jury to determine if a crime oc- MARINES AND THE PRESS tanamo Bay prison and are worried curred. However, you can imagine how about the treatment of those alleged difficult it would be to convince a jury The SPEAKER pro tempore. Under a terrorists there who may get cold blue- that two Border Patrol agents, law en- previous order of the House, the gen- berry muffins for their breakfast. But forcement officers, were unlawfully tleman from Texas (Mr. POE) is recog- these writers could care less about the using, carrying, or possessing their nized for 5 minutes. presumption of innocence for these firearms. Mr. POE. Mr. Speaker, the New York eight U.S. Marines, seven of which When you look at the history of why Times called it the ‘‘nightmare’’ have had their cases dismissed already. Congress enacted this statute, one rea- killings of Haditha, Iraq, and the ‘‘de- Only in America does the press get son stands out: To warn criminals to fining atrocity’’ of the Iraq War. teary eyed about the Gitmo detainees think twice before they stick a gun in Maureen Dowd of the New York Times but is blissfully ignorant about the jus- their pocket on the way to the scene of referred to the incident as the ‘‘My Lai tice in the prosecution of our Marines. a crime. This is the reason the statute Acid Flashback.’’ Another New York Meanwhile, the U.S. Marines are still clearly does not apply, does not apply Times reporter filed 36 stories on what in the midst of battle in Iraq and Af- to law enforcement officers like Ramos he called the ‘‘cold blooded killing,’’ ghanistan and standing vigilant in and Compean. These men were not car- saying, ‘‘This is the nightmare every- other places of the world protecting rying guns so they could commit a one worried about when the Iraq inva- American interests and values. Those crime, they were required to carry sion took place.’’ Self-proclaimed ex- values include the freedom of speech guns as part of their job. pert and ‘‘worst person ever,’’ Keith and the freedom of the press to say By focusing the jurors’ attention on Olbermann of MSNBC, called it ‘‘will- anything it wants, even when the press this nonexistent crime of discharging a ful targeted brutality.’’ Nation Maga- is totally inaccurate and unfair in the firearm, there is reason to believe that zine said of the event in Iraq that expression of those fundamental rights. Johnny Sutton intentionally manipu- ‘‘members of the 3rd Battalion, 1st Ma- And for the U.S. Marines, we say Sem- lated the Federal criminal code to ob- rine Regiment perpetrated a mas- per Fi. Semper Fi. tain a conviction against these two sacre.’’ And even a Member of this And that’s just the way it is. Border Patrol agents at all costs. House of Representatives said, ‘‘Our f The American people must be con- troops overreacted . . . and killed inno- fident that prosecutors will not tailor cent civilians in cold blood.’’ THE PROSECUTION OF FORMER the law to make it easier to secure a It has become the largest investiga- U.S. BORDER PATROL AGENTS conviction in a particular case. Federal tion in the history of Naval Criminal The SPEAKER pro tempore. Under a prosecutors take an oath to enforce the Investigative Service, which has 65 previous order of the House, the gen- law, not to make it. government agents assigned to this one tleman from North Carolina (Mr. I want the families of Ramos and case. Mr. Speaker, as a former judge JONES) is recognized for 5 minutes. Compean to know that my colleagues

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13383 and I will continue to bring this injus- ered at ‘‘sentencing’’ after conviction.’’ See TED POE, tice to the attention of the American United States v. Barton, 257 F.3d 433, 441–43 VIRGIL GOODE, people and to the White House. (5th Cir. 2001). And one year after Barton DANA ROHRABACHER, I am most grateful, I am most grate- (and five years before Watson), the United LOUIE GOHMERT, States Supreme Court agreed, ruling that JOHN CULBERSON, ful to Chairman JOHN CONYERS and his Section 924(c)(1)(A) did not define ‘‘dis- DONALD A. MANZULLO, staff for their interest in investigating charge’’ of a firearm as a separate offense, Members of Congress. the prosecution in this case. I hope but only as a ‘‘sentencing factor[] to be con- f that the House Judiciary Committee sidered by the trial judge after conviction.’’ will soon hold a hearing on this injus- See Harris v. United States, 536 U.S. 545, 550– OPERATION STREAMLINE tice, and I am also hopeful that the De- 53 (2002). Notwithstanding these binding precedents The SPEAKER pro tempore. Under a partment of Justice will take this mat- in the Western District of Texas, United previous order of the House, the gen- ter seriously and will investigate Mr. States Attorney Sutton secured an indict- tleman from Texas (Mr. CULBERSON) is Sutton’s conduct in this case. ment charging Mr. Ramos and Mr. Compean recognized for 5 minutes. Mr. Speaker, before closing, I want with the non-existent crime of ‘‘discharging’’ Mr. CULBERSON. Speaker CUELLAR, the family, again, of Border Patrol a firearm ‘‘in relation to a crime of vio- it’s perfectly appropriate that you’re in Agents Ramos and Compean, that lence.’’ By this charge Mr. Sutton facilitated the chair today because you and I have the conviction of the two border control those of us in Congress on both sides of agents by means of jury instructions that fo- served together in the Texas House, the aisle, we care about their families, cused the jury’s attention upon the ‘‘dis- and we have worked together, Mr. we care about these Border Agents, and charge’’ of the agents’ firearms, rather than Speaker, in cooperation with our never, under any circumstances, should upon the lawfulness of the possession, car- friend, Congressman CIRO RODRIGUEZ of they have been indicted and pros- rying, and use of such firearms in the ordi- Del Rio. You and I and CIRO have ecuted. nary course of their employment. Moreover, worked together to successfully imple- I want to thank Chairman JOHN CON- by this indictment and these instructions, ment a program that I want to single Mr. Sutton obtained a conviction of an of- YERS for holding hearings on this mat- fense that carried a minimum 10-year sen- out for praise tonight. ter. tence, as provided by the statute, rather In the Laredo sector and the Del Rio CONGRESS OF THE UNITED STATES, than the lesser sentence for violation of Bor- sector, the immigration laws of this Washington, DC, June 18, 2008. der Patrol rules and regulations. See also, country are being enforced with a zero Re Complaint for Prosecutorial Misconduct Brief Amici Curiae of Congressman Walter B. tolerance in a program called Oper- Against Johnny Sutton, United States Jones, Gun Owners Foundation, United ation Streamline. With the full support Attorney, Western District of Texas States Border Control Foundation, United of the local community that you rep- States Border Control, and Conservative H. MARSHALL JARRETT, resent, Mr. Speaker, because the crime Counsel, Office of Professional Responsibility Legal Defense and Education Fund, Inc., In United States Department of Justice, Wash- Support of Appellants, United States of Amer- rate in Laredo has dropped 70 percent— ington, DC. ica v. Jose Alonso Compean and Ignacio Ramos, excuse me; in Del Rio we have seen a 70 DEAR COUNSEL JARRETT: As Members of No. 06–51489, U.S. Court of Appeals, Fifth Cir- percent drop. I think you have seen Congress, we write this letter to bring to cuit (May 27, 2007). about a 60 percent drop in the crime your attention for investigation what we It is our firm conviction that, by these ac- rate in the Laredo sector as a direct re- have concluded to be a serious miscarriage of tions, Mr. Sutton is guilty of prosecutorial misconduct, the effect of which has imposed sult of simply enforcing existing law in justice by United States Attorney Johnny a team effort, Mr. Speaker, between Sutton. Mr. Sutton supervised, and has vig- an irreversible and substantial effect upon orously defended, his office’s actions in a Mr. Ramos and Mr. Compean and their fami- the Border Patrol, the U.S. Marshals, case wherein two United States Border Pa- lies. Prior to the return of the indictment the prosecutors, the judges, the mag- trol agents—Ignacio Ramos and Jose Alonso against Mr. Ramos and Mr. Compean, Mr. istrates, and the sheriffs, with their Compean—have been convicted, and each are Sutton must have known that it was impos- local Congressman, Congressman sible for there to be probable cause for a now being punished by imprisonment of 10 CUELLAR. You, Mr. Speaker, CIRO years, for a crime that does not exist, and ‘‘crime’’ never enacted by Congress, as au- thoritatively and previously decided by the RODRIGUEZ, and myself on the Appro- therefore, for a crime that could not have United States Supreme Court and the United priations Committee, we have been been committed. able to bring together that team ap- Specifically, Mr. Ramos and Mr. Compean States Court of Appeals for the Fifth Circuit. were charged with violating 18 United States According to Rule 3.09 of the Texas Discipli- proach in a bipartisan way that has re- Code Section 924(c)(1)(A) by the ‘‘knowing[] nary Rules of Professional Conduct, a pros- sulted in a dramatic decline in the ecuting attorney is to ‘‘refrain from pros- discharge[] [of] a firearm . . . during and in crime rate. The illegal crossings in the ecuting . . . a charge that the prosecutor relation to a crime of violence.’’ (Emphasis Del Rio sector are now at the lowest knows is not supported by probable cause.’’ added). There is, however, no such crime. Indeed, the Comments to Rule 3.09 of the level they have been since the Border Rather, Section 924(c)(1)(A) makes it a crime Texas Rules of Professional Conduct admon- Patrol started keeping statistics in to ‘‘use or carry . . . during and in relation ish prosecutors to remember their ‘‘responsi- 1973. to any crime of violence’’ or to ‘‘possess a bility to see that justice is done, and not I bring this to the attention of the firearm’’ ‘‘in furtherance of’’ any such crime. simply be an advocate.’’ House tonight, Mr. Speaker, first of all, And, as the United States Supreme Court re- On April 1, 1940, then Attorney General cently pointed out, ‘‘discharge’’ is only a to congratulate and praise those fine Robert Jackson, speaking to United States men and women in the law enforce- sentencing factor to be considered by the Attorneys serving in each federal judicial judge after conviction, not by the jury in the district across the country, reminded them ment community of the Border Patrol effort to determine whether the law has been why justice should be their goal, not winning in Del Rio and Laredo, also in the violated. United States v. Watson, 169 L.Ed.2d their cases. ‘‘The prosecutor,’’ he said, ‘‘has Yuma sector, where this is working so 472 (2007). more control over the life, liberty, and rep- well. In particular, in the Laredo and While this distinction might, at first utation than any other person in America. Del Rio sectors we have seen real suc- glance, be merely technical, the United His discretion is tremendous . . . We must States. Court of Appeals for the Fifth Cir- cess because of the teamwork of those bear in mind that we are concerned solely law enforcement officers and the cuit, the circuit in which Mr. Ramos and Mr. with the prosecution of acts which the Con- Compean were convicted, ruled that an in- gress has made federal offenses.’’ judges and the cooperation we have dictment that did not allege that a defend- Mr. Sutton has manipulated the federal seen at an unprecedented level between ant had so used or carried, or so possessed, a criminal code to obtain a conviction against members of both parties in making firearm was insufficient to charge an offense two U.S. Border Patrol agents, preferring to sure the community and the Nation are under Section 924(c)(1)(A). See United States win at all costs over his duty as a United safe in those sectors. v. McGilberry, 480 F.3d 326, 329 (5th Cir. 2007). States Attorney, and his duty under the I am working with you now, Mr. Indeed, six years before McGilberry, the Texas Rules of Professional Conduct. This is Speaker, as well as with the local Fifth Circuit, ruled that ‘‘discharging a fire- a matter which your office has a duty to in- arm during and in relation to a crime of vio- vestigate and, on the basis of what we now Members of Congress in rolling out Op- lence’’ was not an ‘‘actus reus’’ element of know, to remedy. eration Streamline, it’s called, the zero the offense defined by 18 U.S.C. Section Sincerely yours, tolerance program, in the Rio Grande 924(c)(1)(A), but only a factor to be consid- WALTER JONES, Valley sector. So that the goal is, of

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13384 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 course, from the mouth of the Rio We on the Appropriations Com- So we need to look at all these things Grande now, up through the Del Rio mittee, I serve on the Homeland Secu- to be able to bring about safety, but at sector, Lake Amastad, that the border rity subcommittee, Mr. Speaker, we the same time we have to be able to will be secure. sent 40 additional U.S. Attorneys, pros- make certain that the fuel prices come Unfortunately, Mr. Speaker, it is a ecutors to the southwest border with down so people don’t have to make a very different story in Tucson, Ari- specific instructions that those attor- decision as to whether they buy gas or zona. In Tucson, Arizona, the local U.S. neys be used to prosecute border crime. whether they buy food. I mean that is Attorney refuses to enforce existing The U.S. Attorney in Arizona got 21 of where we are. People who have been law, and in Tucson, if you are arrested them, and she will not use them to pro- volunteering, providing care for sen- by the Border Patrol, for example, in tect the border or this Nation. iors, driving them to the shopping mall Del Rio or Laredo, you have a 100 per- Mr. Speaker, we have done great and driving them to various places, are cent chance of being prosecuted and work in Laredo and Del Rio, and the now saying, I can’t do it any more be- serving some time in jail, obviously U.S. Attorney in Arizona needs to get cause of the price of gasoline. That, to with the exception of women and chil- with the program and enforce the law me, is a shame and a disgrace in one of dren. The officer will use their good with zero tolerance or find another job. the wealthiest countries in the world, judgment and their good heart. f that we are not paying more attention But if you’re arrest in Del Rio or La- to our seniors, and of course, as a re- ENERGY redo, you’re going to jail. If you’re ar- sult, things are getting worse. rested in Tucson, Arizona, Mr. Speak- The SPEAKER pro tempore. Under What I would like to do now is to er, carrying less than a quarter ton of the Speaker’s announced policy of Jan- yield some time to the gentlewoman dope, you have a 99.6 percent chance of uary 18, 2007, the gentleman from New from Texas, who has been very in- nerve going to jail, and you will prob- York (Mr. TOWNS) is recognized for 60 volved in these issues over the years. ably be home in time for dinner. minutes as the designee of the major- Of course, it’s my pleasure to yield to It’s an unbelievable and outrageous ity leader. her because she understands how im- situation that I have worked on behind Mr. TOWNS. I want to talk about the portant this issue is, the gentlewoman the scenes as quietly as I can with the energy situation tonight. When I go from Texas, SHEILA JACKSON-LEE. Department of Justice, with the U.S. back to my district, the number one Ms. JACKSON-LEE of Texas. I want Attorney out there, Diane Humetewa, subject today is that people are talking to thank my distinguished friend, Con- who refuses to met with me, who re- about the cost of fuel. Of course, the gressman ED TOWNS. I think it’s impor- fuses to talk to me, who refuses to co- other one is affordable housing. But tant to note of his leadership on the operate. She, to this day, Mr. Speaker, when you look at it, they are all con- Energy and Commerce Committee for refuses to do anything to improve the nected. prosecution rate in the Arizona sector any number of years. We have joined Of course, when you talk to the taxi together on understanding this issue as of the border. As a result, those offi- drivers, they are saying we cannot cers’ lives are in danger. As a result of it impacts our very broad commu- make a living because of the fact that nities. her refusal to enforce the law, the lives gasoline is so high. The bus drivers, the of the people of Arizona are in danger. The distinguished Congressman, as I same thing. Hardworking people are note, my good friend from Georgia, is This Nation is in danger because of the finding it almost impossible to make it refusal of the U.S. Attorney in Arizona, on the floor as well. We all come from today because of the price of fuel. different districts. He comes from an Diane Humetewa, to do her job. Of course, this is something that has Frankly, I am sick and tired of it, urban-centered northeastern district happened all of a sudden. In 2005, gaso- and it needs to be brought to the atten- that has mass transit very deeply, but line was $2.20 per gallon in December of tion of the American people here on as well it’s interesting to note that the 2005. Now, today the price of gasoline is the floor because we have found a bi- cost of gasoline impacts all of our con- $4.10 per gallon. That is June 19, 2008, partisan solution to this. We have stituents. according to the Energy Information found a solution that people on the I come from a broad, if you will, ex- border support. Administration, the agency that col- pensive district in the State of Texas You represent the Laredo sector, Mr. lects official energy statistics for the that has not only a fledgling metro Speaker. I know your community, the United States Government. In other system, a metro system that we are people you represent are thrilled with words, gas is just creating a tremen- just beginning to build, mass transit, the reduction in the crime rate. It has dous problem in this Nation. but as well it is a community that uses been a team effort. There are no party Now I know people will say, Well, its cars. here’s the solution. But let me just say labels when it comes to Texans. My b 1945 good friend, SHEILA JACKSON-LEE, will to you there is no silver bullet here, be speaking in a moment, and we are that there is no single solution to this We carpool. We carpool to work. We Texans first. There are no party labels problem. But I think the worst thing in live very far apart. It is a very large when it comes to what is good for the world to do is to continue to ignore district. Therefore, the cost of gasoline Texas and the Nation. the problem. is very, very costly. So we have to We have found a solution, Mr. Speak- You have people saying, Well, eth- come together to address this question er, in Operation Streamline and the anol is the solution. Then you have from the perspective of how will the Zero Tolerance Program, enforcing ex- others will say that the fact that eth- consumer feel? We know there has been isting law with existing resources and anol might not be the solution, but we a question, a bracelet everybody used existing personnel in a unified team ef- need to make certain that we create to wear asking the question how would fort, and it’s about time for the U.S. cars that will go further. All these a certain heavenly person feel about a Attorney in Arizona to get with the things are good, but when we are deal- question. We now ask, how does the program and recognize that she has an ing with a problem like this, whenever consumer feel? essential role in protecting this Na- you make a decision or make an ad- So I rise today to say that I think it tion. justment, there’s always something is important for this Congress to come Frankly, Mr. Speaker, if the U.S. At- else that is going to happen. together and to be able to push forward torney in Arizona will not enforce the Hybrid cars. People are coming in an energy agenda that really gets down law and live up to her oath of office, I now saying that, Look, we are having to the real individuals that are bur- think she ought to find another job. problems. The blind, in particular. We dened by this cause. So let me explain, It’s about time for her to just step travel by sound. We can’t hear. We are Mr. TOWNS, what I believe is impor- aside. It’s unacceptable for a U.S. At- getting knocked down in the parking tant. torney to refuse to enforce the law. lots. Senior citizens are getting First, let me applaud the leadership Those officers’ lives are in danger. knocked down. for their new direction in energy. It is

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13385 an important direction. It is a greening They need investment. They are not So I frankly believe as we discuss direction. It focuses on alternatives. It overseas. They are right here in the this, Mr. TOWNS, we should talk about focuses on creating green jobs and get- United States, but they need invest- what speculators have done to the en- ting a sense of understanding about the ment. ergy industry. We should talk about smallness of the resources that are So I think there are a lot of small, minority entrepreneurs who are able to available now, the fossil fuel and other independent producers that the legisla- participate in this industry. We should energy resources that need to be uti- tive scheme here in the United States talk about independent producers. We lized, and therefore it is important to, does not foster their development, does should talk about greening America. if you will, impress upon Americans not provide them access to capital, We should talk about conservation. the value of conservation. But, at the does not allow them to build on the re- And really we should get to the bottom same time, I think there are a lot of sources that they have. You can be as- line of how we help our consumers. I other issues that we can discuss. sured that the more resources we put think if we bring all these elements to- I believe we should accept the out allows us to have the ability to gether, we will be able to do so. premise that there are a number of en- bring down the cost of gasoline. I will yield back to the gentleman ergy resources that this Congress needs Let me add an additional point that and will join you at a later time. to address. For example, I come from I think should be considered. When you Mr. TOWNS. Let me thank the gen- Texas, and obviously we utilize fossil talk to the multinationals about the tlewoman from Texas for her remarks, fuel. I think it is important to recog- cost of gasoline, they will refer you to because, let’s face it, she is right. We nize that fossil fuel is present, but I the antiquated refineries, that they need to end our addiction to foreign think we need to emphasize looking at need to build more refineries. That too oil. We have to do that. I mean, there independent producers. They were very requires a coming together at the are no ifs, ands and buts about it. That prominent in years past. These are table. I believe we need to have a dis- is something we must address. smaller companies. cussion so they can explain what does Of course, the gentleman from Geor- I do believe we need to look at where it mean by having an antiquated refin- gia has been out at the forefront talk- we are exploring off the Gulf, where ery? ing about this issue, and, of course, we those States of Louisiana and Texas There is a new refinery being built in are delighted he has joined us in this have willingly accepted the exploration East Texas and in Louisiana. That re- discussion tonight. We are happy to finery took a long time to build. But of the Gulf in a safe and environmental have HANK JOHNSON from the great way. maybe we need to update the refin- State of Georgia, who is a leader on Two or three years ago, Congressman eries. I know that is a questionable this issue as well. Thank you for join- proposal and policy to make them NICK LAMPSON and myself passed legis- ing us. I yield to you. lation to encourage the Federal Gov- more environmentally efficient and Mr. JOHNSON of Georgia. I thank ernment to do an inventory of what safe. That is a key element to dealing my colleague from New York, the es- with this. was available in terms of fossil fuel re- teemed Congressman ED TOWNS. I ap- Before I yield back and wait a mo- sources in the Gulf. I think it is impor- preciate very much you speaking on ment as you yield to the distinguished tant. We know that there are chal- this very important issue. It is an issue gentleman from Georgia, I want to cite that has been creeping like a thief in lenges to exploring the Outer Conti- some numbers that say that the En- the night into the pocketbooks and nental Shelf. There are challenges to ergy Information Administration esti- into the pockets of Americans, every- exploring ANWR. There are challenges mates that the United States imports in exploring the coast off the East nearly 60 percent of the oil it con- day working Americans. We have seen the price of gas esca- Coast and the California coast and the sumes. The world’s greatest petroleum lating quietly but steadily ever since Florida coast. I believe those issues are reserves reside in regions of high geo- 2001, I say to Congresswoman SHEILA issues that we have to work with the political risk, including 57 percent local jurisdictions and the governors which are in the Persian Gulf. JACKSON-LEE from Houston, Texas, and consumers for that to be a com- Replacing oil imports with domestic whom I am proud to serve with. And I fortable process. alternatives such as traditional and see my other colleague, BARBARA LEE But let us not get stuck on that. cellulosic ethanol cannot only help re- from California. So we have got all There are resources in the Gulf. We duce the $180 billion that oil contrib- parts of the Nation covered here. have found that there is oil shale, I be- utes to it our annual trade deficit, it But ever since 2001, when the price of lieve, that has been discovered in West can end our addiction to foreign oil. gas was at $1.50, it has steadily gone Virginia. There are other domestic re- These alternatives should be matched up. And that is kind of ironic, given sources that have been discovered in with domestic production. That may the fact that we elected an oilman to Mississippi. We need to be able to uti- help a lot of these small interested pro- be our President and an oilman to be lize and to be able to encourage the ducers. our Vice President. You would have safe development of existing resources. Also the individual oil companies, thought that America would be taken We know that our own multinational the large ones who have leases here in care of by our President and our Vice energy companies are holding leases the United States, we need to have an President. But what we have seen since they have not utilized. I believe it is inventory and get a determination, as I that administration came to power is important to call these individuals into said, as to why these leases are not prices going through the roof. And, like Washington. The President needs to being developed. According to the De- a thief in the night, people have now call these individuals into Washington, partment of Agriculture, biomass can awakened to see that they have been the heads of these major companies, replace 30 percent of our Nation’s pe- gouged and stolen from by the oil in- and let us discuss why these oil leases troleum consumption. dustry, and it has all been while we are not being utilized, because there So there are ways we can confront were enjoying a deregulated and un- lies a possibility of additional re- this issue. One other way, of course, is regulated market and we were allowing sources. to develop more professionals, which the speculators, instead of the pro- Mr. TOWNS, you know that we have we have discussed, and I want to dis- ducers, to get a stranglehold on the been discussing over the years the in- cuss that later. American economy. So these specu- creasing of minority energy entre- Let me conclude by saying we have a lators are driving up the price of gas, preneurs. They come in all shapes and real crisis in addition to the cost of driving up the price of oil. It has be- sizes. But I happen to know an energy gasoline. That crisis includes jet fuel. come the number one issue in this company in the State of Texas, Osyka, We are seeing the merger of airlines country. that is held solely by African Ameri- and also a crisis in the airline industry Mr. Speaker, while it is easy to ped- cans with domestic deposits. They have because of the cost of jet fuel. That too dle quick fixes, the hard truth is that resources. But what do they need? impacts on our consumers. there is no quick fix. It is kind of like

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13386 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 the war in Iraq. We got in a little easi- that oil that is up in the North Pole. many, many years. You come from oil er than it is going to take us to get And I suppose we will run all of the country, and you understand very out. By the way, ironically, some peo- polar bears out trying to get to that clearly the oil industry and what we ple believe that it was for the 35 billion oil, trying to sip every last drop of oil need to do to dig ourselves out of this barrels of oil beneath al-Anbar Prov- that this Earth has to offer, while at hole, and so your voice continues to be ince in Iraq that we went to war for. the same time creating environmental important in coming from Texas, in Some people believe that. havoc. understanding that the American peo- So oil has driven much of the policies b 2000 ple deserve not to have to pay $5 a gal- of this administration. And quick fixes lon for gas. The courage that you’ve So I would be happy to continue to will not do at this point. We are rap- displayed has been amazing. Thank you have dialogue on this issue, but I know idly reaching the point of peak oil, for your voice and for your leadership. peak oil being the moment, Mr. Speak- that there are other colleagues here As we work to reduce skyrocketing er, after which global oil supplies will who want to address this issue, so I prices at the pump, we continue to face forever decrease. That moment is ap- would yield back at this point. opposition from the Bush administra- Mr. TOWNS. Thank you, the gen- proaching. Meanwhile, global demand tion, and our colleagues on the other tleman from Georgia, for his remarks. for oil is ever increasing. So we are side of the aisle seem to be content to Of course, he’s right on the issue. reaching a point where we have dwin- subsidize the big oil companies’ record There are no ifs, ands, or buts about it. dling supply and skyrocketing demand, We look at the fact that there has profits that Mr. TOWNS talked about and that means one thing, among oth- been a 5-year trend of record oil profits and that you talked about, Mr. JOHN- ers, but the biggest thing is that gas under this administration. In 2007, the SON and Ms. JACKSON-LEE. They reach prices, high gas prices, are here to big five oil companies raked in a profit record profits quarter after quarter stay. of $127 billion. That’s ‘‘B’’ as in ‘‘boy.’’ rather than adopt a real solution to Now, the President came up with an It is simply unacceptable that con- meet the energy needs across our Na- energy plan, it was done in secrecy sumers are bearing these costs while tion. back in 2001, if you will remember. It More specifically, we have proposed corporations continue to profit. seems to me that it was Vice President Now, the gentlewoman from Cali- legislation that would invest in true, CHENEY who convened a group of peo- fornia, to whom I’m getting ready to clean and renewable energy sources. ple, whom we still have not found out yield, has been at the forefront. She Our proposals would also bring much who those people were, in a task force has been saying this now for a number needed accountability, which we need to formulate this country’s energy pol- of years. Of course, I would say to you desperately, to the energy markets in icy. Someone went to court to have the that I wish that the country had lis- order to eliminate the price gouging— names and identities of those task tened to her because I’m certain, if do you hear me?—that’s taking place force members revealed, and I don’t they had listened to her, we would not and the market manipulation and the think that lawsuit was successful. But have the mess that we have now. speculation that have inflated energy I can only speculate on who was in that It’s my honor to yield 5 minutes to prices to record levels. This week, we room setting the oil policy. the gentlewoman from California, BAR- will also take up legislation to expand That policy went into effect back in BARA LEE. the use of public transit systems to August of 2005. When President Bush Ms. LEE. Thank you very much, Mr. save energy and to reduce greenhouse signed energy legislation into law, gas TOWNS. gas emissions. at the pump was selling for about $2.85 First, let me thank you for yielding, In light of this growing energy crisis, a gallon. Then, just 1 year later, in but let me thank you also for your I cannot help but to reflect upon the 2006, July 26, Energy Secretary Bodman leadership on this issue and for so Bush administration’s determination celebrated the 1-year anniversary of many other issues. Your voice is ex- to squander our resources on the im- energy legislation, kind of like ‘‘mis- tremely important; your work has been moral occupation of Iraq that has di- sion accomplished.’’ And that didn’t important, and it continues to be quite rectly contributed to the current eco- pan out either. At that point, 1 year amazing. nomic downturn of the high gas prices after the anniversary of the signing of In your coming from New York and that the American people are seeing at the Bush administration energy policy, in my coming from California, we have the pump. Make no mistake. We are in 1 year later gas had gone up to $3 a gal- very similar issues that we have to the middle of the Bush-Iraq recession. lon. And, of course, back in May it deal with in terms of this horrific en- The economic hardships that Ameri- went up, it continued to go up, to $3.81 ergy crisis, and so thank you for giving cans face today are the direct result of in May. But now we are in June head- us the opportunity to talk about it one this administration’s failed and flawed ing towards July, and folks are specu- more time. policies at home and abroad. lating that we will hit $5 a gallon by Also, just as I was listening to my When President Bush took office in the end of the summer, and Americans colleague Mr. JOHNSON from Georgia, January of 2001, the price of oil was $23 are hurting. thank you for that very brilliant pres- a barrel, and gasoline cost as little as, So it comes as no surprise that the entation and for that historical con- I think it was, $1.35 per gallon. Now, big oil President and the big oil Vice text. You know, sometimes we forget after more than 5 years of bombing and President propose more drilling, in- the past. In the Ghanaian language, in bloodshed in Iraq, since the Iraq inva- stead of suggesting real, lasting solu- the Akan language, there’s a term sion, oil has topped $130 a barrel, and tions to our energy problem. called ‘‘sankofa.’’ In order to move for- gasoline is averaging more than $4 a The most effective way to address ward, we must look back at our mis- gallon. As Congressman JOHNSON said, this problem is to start conserving. takes, and I think what you talked it probably will hit the unfortunate There is so much we can do to conserve about tonight really makes it very cost of $5 per gallon. By some esti- energy. It means so much for our envi- clear that we have to understand how mates, the war and continued occupa- ronment. We need to clean this envi- we got to where we are so that we don’t tion of Iraq could cost the United ronment up. make those mistakes again, such as States more than $3 trillion. That’s a I returned from a trip just 1 month you talked about, which was the drill- $3 trillion bill for this administration’s ago to the North Pole, Mr. Speaker. ing in the pristine area in Alaska—in failed policies in Iraq that our children The folks up there are talking about ANWR—and all of the proposals that and grandchildren will be paying for what is going to happen as the ice this administration wants to embark years to come. melts and it will open up the shipping upon. The American people recognize the lanes, so there will be more traffic, So thank you very much for that. toll this immoral occupation has taken more opportunity to traverse that To my colleague from Texas, Ms. on our economy. They’re in dire need area, and more opportunity to get at JACKSON-LEE, you have been on this for of assistance. Many face the impossible

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13387 choice of buying food for their families focus on economic development tell them to come on down to Texas. or of purchasing the gasoline they need through green job training academies We’ve had some meetings early on, but to go to work. If we want to see prices and to create a national green institute it’s the whole concept of educating in- at the gas pump go down, one of the to serve as a clearinghouse for the dividuals to change their lives. first and most essential steps we must green movement. So there are many, You said something else, Congress- take is to end the war and occupation many initiatives to which we need to woman, about energy. You used the in Iraq. look forward in terms of providing for word ‘‘energy’’ and the words ‘‘energy We must also focus on transitioning an alternative to our dependence on industry.’’ That’s coming from what we our economy away from fossil fuels to foreign oil. perceive to be the oil capital of the the greener alternative fuels of the fu- Let me just conclude by saying and world—Houston, Texas. I want you to ture. This will be a long-term process by reminding the country that, most know a lot of hardworking people are that will affect communities through- recently, the Bush administration has working in the energy industry, and out our nations in different ways. It’s threatened to veto the House-passed they, too, see a new world of alter- very important to note that, as we con- H.R. 5351, which is the Renewable En- native fuels and also an opportunity to tinue to forge these new frontiers to ergy and Energy Conservation Tax Act match, if you will, efficiently explored achieve energy independence and to of 2008. This legislation makes critical fossil fuels, because it does exist. There safeguard the environment, commu- investments in clean and renewable en- is something called ‘‘clean coal.’’ As I nities will face many complex environ- ergy and energy efficiency that will indicated to you, there is something in mental and public health challenges. create hundreds of thousands of new the gulf, outside of your birthplace in The drastic acceleration of greenhouse jobs and that will help to maintain the Texas and Louisiana, where they have gas emissions has often been con- United States’ position as a leader in been quietly exploring oil and gas for a centrated in low-income and minority innovation as we move toward true en- number of years, and it has been effi- communities, putting these vulnerable ergy independence. cient. Even during Hurricane Katrina populations on the front lines of the So I have to thank my colleagues we noted that those rigs still stayed fight against environmental degrada- again, especially the Congressional safe in the gulf. So we can find ways to tion and global climate change. Black Caucus and Congressman TOWNS, combine these efforts. The communities in my district, like for allowing us to come down for an As I listened to Congressman JOHN- in Mr. JOHNSON’s district and in Mr. hour to talk about the basic compo- SON and he took us chronologically to TOWNS’ district and in Ms. JACKSON- nents and reasons for this energy crisis 2001, I want to remind him that post LEE’s district, all face the severe con- and also for allowing us to provide 2001, in 2002, there was created the sequences of pollution, of urban sprawl what we see as some real and practical havoc and the travesty and obviously, and of environmental injustice, which solutions that we can embrace right as he indicated, the crisis of the Iraq harshly affect people of color and low- now—not next year, but today—if, in war. Whether or not the Iraq war was income communities. Sadly, this epi- fact, the Bush administration and his for oil, as has been debated, it desta- demic is hitting our children the hard- oil industry administration would ac- bilized the region. When you desta- est. cept the fact that they’re responsible bilize the region where all of the oil is For example, back at home in my for this energy crisis. The American coming from, you obviously dumb own district, when children grow up in people deserve a way out. down the resources coming from that the area of West Oakland, they’re Thank you. area. seven times more likely to be hospital- Mr. TOWNS. Let me thank the gen- But I wanted to bring to the atten- ized for asthma than is the average tlewoman from California for her re- tion of my colleagues that we know child in California. None of us can af- marks and to say that you’re right. that Saudi Arabia, in this meeting that ford to take this lightly. The health of Our priorities are definitely upside they’ve held in the last 48 hours, has our community and neighbors affects down. There’s no question about that. suggested that they will increase oil all of us. Mr. Speaker, how much time do we production by 200,000 barrels a day to I would also like to just take a mo- have left? 9.7 million barrels a day, starting on ment and recognize the role that Cali- The SPEAKER pro tempore. Thirty July 1, in response to the current en- fornia’s East Bay is playing at the fore- minutes. ergy crisis. front of the green jobs and green indus- Mr. TOWNS. Thank you very much. The concern there, of course, is that try movement, which is really a crit- At this time, I’d like to yield 5 min- China is increasing its needs, and even ical part in terms of addressing the en- utes to the gentlewoman from Texas, though we’re sort of plateauing out, I ergy crisis. One of the most exciting Congresswoman JACKSON-LEE. do believe that this is an issue that and inclusive solutions to the many Ms. JACKSON-LEE of Texas. I thank might not be resolved by the increase issues facing environmental health and you very much. I’m glad to have an op- in the per barrel per day, meaning the our energy crisis is the possibility af- portunity to engage again and to thank 200,000 barrels per day. forded to us by promoting green jobs’ Congressman TOWNS. We need a summit. We need a summit training and the growth of the green As I have listened to both Congress- here in the United States. We need to economy in America. man JOHNSON and Congresswoman LEE, get all of the parties together, dis- A true green economy, one that is I hope that what is gleaned to our col- cussing these components—the high sincere in its mission and that is deep- leagues as they listen to us is that gasoline price, the lack of utilization ly rooted in local communities and there is a consensus, a meeting of the of the independent producers, not giv- businesses, can provide innovative an- minds, that we’ve got to do something ing capital an access to African Ameri- swers to many of the problems that our different. I applaud Congresswoman cans and to other minorities who, in environment faces. Green jobs provide LEE’s collaboration with her mayor, fact, might be good stewards of the en- pathways out of poverty for those most Mayor Dellums. ergy resources, such as those who are affected by environmental injustice, As I was standing here, I was reflect- finding oil in the Deep South, such as namely, people of color and our urban ing on the work that our city is doing. those who are engaged in green and in youth. We have Mayor Bill White, but I’m alternative fuels such as wind. We have been working closely in my quite familiar with the Apollo Alli- I offered a bill on cellulosic ethanol, district with the Ella Baker Center and ance, and I was just thinking that it’s which, I think, is really one of the next with the Apollo Alliance. Mayor Ron time now for another meeting to be steps. Of course, this was embodied in Dellums—my predecessor here and our able to join in that kind of expansive the Democratic conservation bill that colleague—has been working very hard effort. included cellulosic ethanol. I know on a new initiative to support the de- So, if the Apollo Alliance is listening, there has been debate over corn eth- velopment of green model cities and to let me congratulate them, and let me anol, but here is an approach: Through

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13388 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 cellulosic ethanol, costly though it cause so many people are suffering. 2008, a combination of the Ways and may be, it has a long-term impact. Thank you for that, and hopefully we Means Committee and the Energy I also believe it’s important to sup- can work together to support that. Committee, which I think is very im- port the legislation that has been of- Mr. TOWNS. Let me say one other portant because it encourages the de- fered by two of our colleagues—one to thing. I think the energy summit is velopment of innovative technologies, be, I believe, JOHN LARSON, who is mov- just a terrific idea because you have so creating new jobs, reducing carbon ing forward on legislation that has to many people who feel there is a single emissions, protecting consumers, shift- do with the speculator. We have heard, solution to the problem. There is no ing production to cleaner renewable en- even today, oil analysts who have said single solution to the problem. It is ergy, and modernizing our energy in- that the speculators are adding an arti- going to require less dependence on for- frastructure. ficial price. In fact, the Enron loophole eign oil. We must recognize that. We The note I want to end on is we have that was offered by Senator GRAHAM must promote market-based programs to get more young people involved. has given a whole array, a whole new that recognize and reward clean energy Mr. TOWNS. And it also has gas price industry on speculation, and more and technology. We need to do that. And we gouging and market manipulation in- more energy companies are pulling must launch a cleaner, smarter energy cluded in that legislation. back from that. They’re dealing with future for America that lowers costs Ms. JACKSON-LEE of Texas. And their own product and with their own for consumers. that is very important. need, and I want to applaud them for We must look at ethanol and con- What I want to end on is we must get that. sider wind and look at all of these dif- more of our young people involved in I want to cite Representative VAN ferent things in order to make certain the energy industry. We worked on HOLLEN’s Energy Markets Anti-Manip- that the problem is solved. this, Congressman TOWNS. We had a ulation and Integrity Restoration Act. I yield to the gentlelady from Hous- bill about geologists. I have listened to I happen to be a cosponsor of that leg- ton, Texas. Congresswoman LEE as the chair- islation. I think it’s important. I voted Ms. JACKSON-LEE of Texas. If I may woman of the Energy Brain Trust, and to stop the filling on the Strategic Pe- quickly conclude so my distinguished we are going to try and focus on that troleum Reserve, which will help friend from Georgia, who has made and push our communities, Hispanics American families by temporarily di- some valid points about the Iraq war and African Americans and other mi- verting the 70,000 barrels of oil that that we are still suffering, I was read- norities and women, to get into this in- goes to the SPR a day and putting ing something, Congressman JOHNSON, dustry and provide their sensitivity them out on the market. about the condition of the Iraq oil and provide their perspective so that What I think is important, again, wells and the difficulty of bringing they can talk eloquently about what Congressman TOWNS, is that we’re not them online and the need for U.S. in- gasoline prices really mean when they having face-to-face discussions. I asked vestment or other investment. are this high. And then to add to the the question of one of the members of It is interesting, a lot of people think broader community of America who is OPEC: What would be the possibility of we are making a lot of money in Iraq; crying out for relief, I believe we can Members of Congress being observers we are spending a lot of money in Iraq, turn the corner, or we should, and to at the OPEC meeting? I will tell you that. bring to all of America an opportunity The OPEC meeting has large num- Let me say this. I will thank all to have reasonable energy resources, bers of African countries. It has large three of my colleagues. I will continue heat in the winter and air conditioning numbers of countries from South to work and pursue an answer. The in the summer, and reasonable gasoline America. Then, of course, it has those Representative indicated he was very prices; because, frankly, I don’t think from the Middle East. I, frankly, be- interested, and would go back and ask. that we can last much longer if we lieve it’s somewhat similar to treaty The meeting is in September and I will don’t bring relief. discussions, that it’s somewhat similar pursue that. I don’t have the exact lo- I thank you for bringing this very to the discussion on race in South Afri- cation, but I believe it is in Europe. If important special order to the floor to- ca when they were on track, that it’s so, it would be easy for us to go. night. somewhat similar to the United Na- I think the other part would be to Ms. LEE. I just want to emphasize tions. It would be Members of Con- give the energy leadership of these one point raised by Congresswoman gress’ representing the most powerful multinationals, and obviously they are JACKSON-LEE with regard to getting law-making body in the world, as de- in my congressional district, but a our young people involved. This is a scribed by others, their being able to forum to be able to have a conversation huge new industry. We have proposed go to the OPEC meetings as observers outside of a hearing setting. We need to the green job training academy to and understanding the process of how ask the hard questions. We need to ask begin to look at the green industry. this oil and gas moves. how much of the cost of gasoline is the It is my understanding that now ven- refinery cost? How much of the cost of ture capitalists are looking at this as b 2015 jet fuel is refinery cost? What is attrib- investment opportunities that will cre- This does not diminish the call for utable to having old refineries, and ate trillions of dollars in terms of job conservation. But I do think it will what can you do to make the energy creation and in terms of an industry. open our eyes. name of your industry more diverse, to And these are jobs that do not require Ms. LEE. Let me just say how impor- have more green and more alternatives necessarily a 4-year college degree or a tant that is because we are the people’s such as wind and biomass. Ph.D. These are jobs, once trained, House. Americans don’t understand I am told that wind is very expensive, young people will qualify for and will why they are paying $4.50 per gallon. but you can’t get that answer if we are be able to make a living wage with ben- They expect us to be able to tell them. not sitting down at the table. efits, good-paying jobs. So we have to I think by observing OPEC, being I thank the gentleman for the idea of provide our young people with these al- there, interacting and understanding, a summit. We may work on that. Let ternatives because they are going to listening to the dialogue, will give us a me conclude by saying we have been school now and they are getting out of much better handle on what the crisis working in this Congress. I don’t want school, and there are no jobs. They is from OPEC’s perspective and what anyone to think that we have not been have not been trained for the jobs of proposed solutions are coming out of sensitive. You listed a whole road map the future. This has to be an initiative OPEC. that you, Mr. TOWNS, as a senior mem- that we pursue. I hope we can move forward on that ber of the Energy and Commerce Com- Mr. TOWNS. I yield to the gentleman because I think that is a very creative mittee have been very much involved from Georgia (Mr. JOHNSON). idea. We have to do things out of the in. For example, the Renewable Energy Mr. JOHNSON of Georgia. Thank box and do things that are creative be- and Energy Conservation Tax Act of you, Congressman TOWNS.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13389 Just listening to the comments of my phenomenon, the disruption of our cli- they are going to buy food. That is colleagues, I am intrigued with so mate. We are getting the wind, but we wrong, and we should not stand for it. many things. My colleague from Texas are not using that wind to help us with I yield to the gentlewoman from (Ms. JACKSON-LEE) is pretty much say- our energy needs. We need to do that. Texas (Ms. JACKSON-LEE). ing we have to have dialogue with our Biofuels. And all of these new things Ms. JACKSON-LEE of Texas. You partners around the world, be they are on the table, but instead what we have given an eloquent summary of the friends or foe. Because the bottom line, get is a new plan announced by the crisis that I think most Americans are people talk about the global economy. President which is more drilling, and facing. It is true, we have a global economy. It drilling in our sensitive areas in our b 2030 doesn’t always work as fairly as it environment. should, but the bottom line is that we Ms. LEE. If the gentleman would Ms. JACKSON-LEE of Texas. I would have a global economy. And some folks yield, what you are talking about, like us to move past these hot months are making out like bandits, and oth- which is so important, is a comprehen- that we have right now and begin to ers are sinking. And so it is time that sive energy independence plan. We need look forward into particularly the cold- we have equity in this world. a national plan for energy independ- er areas of America and begin to think I know Congresswoman LEE, you ence that provides for this toolbox, as about what is going to happen with have been a woman who has through- you describe it, that allows for all of heating fuel and this new coming win- out your career insisted on taking care the alternatives. ter season. We sort of got the tail end of the have-nots while the haves can I read in the newspaper that rural of the high price of gasoline sort of as continue to be prosperous as well. And communities, because people have to we were leaving the winter months or so dialogue with our oil-producing na- drive so far to jobs, people are having as we were getting into the summer tions is so important. to make decisions whether or not they months, and we saw a crisis of people Because by the way, Congresswoman can afford to go to work because the going on a vacation and taking their SHEILA JACKSON-LEE, drilling is one of cost of gasoline is higher than the cost kids places during the summer facing the tools that we need in our tool bas- of their wages. Rural communities this very high cost for gasoline per gal- ket to address this issue. We must take throughout our country are being dev- lon. advantage of the leases that have al- astated by the price of gasoline. This is But I met with some of my power ready been granted by this government an emergency. companies who provide energy, and, of to the oil companies, that they have Mr. JOHNSON of Georgia. The price course, I am in a warmer climate than been sitting on for years waiting for of food is going up. So we have food many of my colleagues. But I am con- the price to go up so they can start going up. We have energy costs going cerned about what we will confront drilling. up. And the American people feel with natural gas and other fossil fuels And Congresswoman BARBARA LEE, squeezed. They are counting on us to that may be utilized for heating peo- you talked about the children, and the do something to address this issue. ple’s homes. What a crisis for elderly children are so important. I am looking Congressman TOWNS, I just appre- and others and families who can’t af- at an article in today’s Washington ciate so much your emphasis on this ford their heating fuels. Post. It says ‘‘Fuel Costs May Force dilemma that we face. We are, I think, So I believe that today on the floor of Some Kids to Walk.’’ It means that our proving that all Americans are con- the House we have offered a suggestion. local boards of education have to pay cerned about the future of this country A summit doesn’t mean 3,000 people. It for the price of diesel fuel which is insofar as energy is concerned. means getting all of the parties to- going through the roof. And to get our Mr. TOWNS. It affects a lot of things. gether that can sit at the table. Get children to school costs a whole lot First of all, when you look at young this energy industry at the table. Let more money than it did last year. And people and you talk about the gas them lay out what is a concept of your so that means less money for teachers prices and what it costs for them to go company, because energy for me means and less money for school infrastruc- to work, it prevents them from pur- that you are diversified under the con- ture, the buildings, less money for chasing a home. They can’t afford to cept of energy, green energy, alter- books. buy a home and pay all of these high native biomass, begin to look at how This oil crisis is wreaking havoc on prices for gas. And of course the fact we can lay down this roadmap. us, and our children are looking to us that some buses are not running, which And then I think, of course, we need to make the right decision. They are as you indicated means children are to emphasize the environmentally safe counting on us to make the tough going to have to walk to school be- exploration of drilling, as my colleague choices for the future. They are count- cause of the fact that these buses are indicated, and the reason why I say ing on this Congress to understand that saying we are not making a profit be- that is because it’s still going on in the the most effective way to adapt to this cause of the gas prices. gulf, not as they say—I know it’s dif- changing reality or this new reality, So when you look at the facts, they ficult in other areas. But in the gulf, which is dwindling supply with in- do not have affordable housing, and the it’s still going on, and it should be en- creased skyrocketing demand, we must fact that they can’t afford to buy a vironmentally safe. as a tool in our toolbox insist upon home because of the gas prices, and of Then I think as members of the Con- conservation while we also extend tax course we need to look at tax incen- gressional Black Caucus we need some incentives to companies to develop tives and things that will bring about meetings with the heads of the nations solar energy. I mean, we have a vast this discussion that we need to have in the Continent in Africa, Angola, desert where I think it was 107 degrees because this is a serious problem. And Guinea Bassu, Nigeria. Ghana is find- out there, or more, sun brightly shin- to ignore it, it is not going to go away. ing oil. And it would be very helpful to ing down. Do you mean to tell me that It is going to get bigger and it is going sit down and have a discussion as to we can’t put some solar panels out to get worse. how their product can be marketed there and start capturing that sunlight We have to come together with a pol- where there is—I know the bottom line and changing it to electricity, to help icy that is going to protect not only has to do with dollars—but where there take some of the demand away from the seniors, the young, and the middle- is a sense of morality, a sense of fossil fuels. It is much cleaner, but I aged, to protect America. This is some- rightness on how that works. And think the oil companies would have a thing that we must do. We can no again, it ties into my inquiry and out- hard time trying to get their fingers longer allow and have the rich con- reach that I am going to make to and their hands around the sun. So we tinue to get richer and at the same OPEC because I think a lot of heads are haven’t seen a lot of solar energy. time having people in a position to better than none. And you listed all of We are getting more wind coming have to make a decision whether they the good works of the Renewable En- through because of the global-warming are going to buy gasoline or whether ergy and Energy Conservation Tax Act

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13390 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 of 2008, and I think it’s important to we’re in and be honest with the Amer- The American people recognize the toll this note this is what the Democrats did. ican people and be serious and do some immoral occupation has taken on our econ- But I want to invite people to come of the things we talked about. omy. They are in dire need of assistance. together during the Congressional But also I think it’s important, as I Many face the impossible choice of buying Black Caucus, Mr. TOWNS, and we can close, to also remember that the occu- food for their families or purchasing the gaso- join together under the energy brain pation of Iraq, the bombing and inva- line they need to go to work. trust. I must pay tribute to my prede- sion of the country of Iraq that was a If we want to see gas prices go down at the cessor, and you certainly knew him, country that was not an imminent pump, one of the first, and most essential Congressman Mickey Leland, who or- threat to the United States of America steps we can take, is to end to the war and ganized the brain trust, on the basis of where there were no weapons of mass occupation of Iraq. getting a sense of morality in this in- destruction, the havoc that we have We must also focus on transitioning our dustry. In fact, he was coming into it wreaked on the country of Iraq and economy away from fossil fuels to the greener with another energy crisis that was Iraqi civilians and our brave troops, alternative fuels of the future. This will be a certainly in that time. this is a big part of why, when the war long term process that will affect communities So I believe that with all of the hid- started, we were paying about $1.35 per throughout our Nation in different ways. den resources that we still have, we gallon, $35 per barrel; now we are pay- But it is important to note that as we con- will open resources that we can ad- ing $4.50, soon to be $5 a gallon, close to tinue to forge new frontiers to achieve energy dress. And the only reason why we’re $140 per barrel. independence and safeguard the environment, not coming together is I don’t think So we can not forget the economic communities will face many complex environ- that we’re putting our heads together impacts of this occupation of Iraq and mental and public health challenges. to be able to develop the kind of bal- remember that we have to include a de- The drastic acceleration of greenhouse gas anced policy that brings these people mand that we end it and we bring our emissions has often been concentrated in low- together. young men and women home. income and minority communities, putting I do want to make mention of the Mr. Speaker, I would first like to thank Rep- these vulnerable populations on the ‘‘front fact that I am looking forward to a resentative TOWNS for holding this special lines’’ of the fight against environmental deg- roundtable discussion with leadership order tonight on an issue that is on the minds radation and global climate change. in my district. However, that is the be- of so many of my constituents. The communities in my district face the se- As the Democratic Majority works to reduce ginning stages of what I think can be a vere consequences of pollution, urban sprawl, skyrocketing prices at the pump, we continue larger question for this Congress to ad- and enviromnental injustice—which harshly af- to face opposition from the Bush administra- dress, for leadership, for members of fects people of color and low-income families. tion and my colleagues on the other side of the Congressional Black Caucus, for Sadly, this epidemic is hitting our children the aisle who appear content to subsidize the our caucus members to address, be- the hardest. Back home in my district, children Big Oil Company’s record profits quarter after cause our constituents and poor con- growing up in West Oakland are seven times quarter rather than adopt real solutions to stituents and elderly constituents and more likely to be hospitalized for asthma than meet the energy needs of people across the ailing constituents are impacted by the the average child in California. high cost of gasoline and heating oil. Nation. More specifically, we have proposed legisla- None of us can afford to take this lightly. And I thank the distinguished gen- tion that would invest in truly clean and renew- The health of our community and our neigh- tleman for giving us an opportunity to able energy sources. bors affects all of us. raise these crucial issues that I believe Our proposals would also bring much-need- As the Representative of California’s 9th have to be raised. ed accountability to the energy, markets in Congressional District, I would also like to take Mr. TOWNS. Madam Speaker, I yield order to eliminate the price gouging and mar- a moment to recognize the role that Califor- 2 minutes to the gentlewoman from ket manipulation and speculation that have in- nia’s East Bay is playing at the forefront of the California (Ms. LEE). flated energy prices to record levels. green jobs and green industry movement. Ms. LEE. Thank you for yielding, Mr. This week, we will also take up legislation to One of the most exciting and inclusive solu- TOWNS. I thank you again for your expand the use of public transit systems to tions to the many issues facing environmental leadership for bringing us together, but save energy and reduce greenhouse gas health is the possibility afforded to us by pro- it’s going to be through your leader- emissions. moting green jobs training and the growth of ship and others here on the floor to- But, Mr. Speaker, in light of this growing en- the green economy in America. night, our great Speaker, and bringing ergy crisis, I cannot help but also reflect upon A true green economy, one that is sincere together Members of this body to make the Bush administration’s determination to in its mission and deeply rooted in local com- sure that we can have a bipartisan na- squander our resources on the immoral occu- munities and businesses, can provide innova- tional energy plan. pation of Iraq that has directly contributed to tive answers to many of the problems our en- I said earlier, and I hope we will al- the current economic downturn and the high vironment faces. ways remember, that the jobs that are gas prices the American people are seeing at Green jobs provide pathways out of poverty going to be created by the development the pump. for those most affected by environmental in- of new, innovative energy independent Mr. Speaker, make no mistake, we are in justice, namely minorities and our urban youth. industries, such as the green industry, the middle of the Bush Iraq recession. The To that end, my office has been working will be millions of jobs for our young economic hardship that Americans face today closely with the Ella Baker Center, and the people. And we have to also remember, is the direct result of this administration’s Apollo Alliance in my district, to expand green as I talked earlier, about the long-term failed and flawed policies—at home and jobs and green job training programs. public health consequences and the en- abroad. I am also working with the mayor of Oak- vironmental concerns as we move to- When President Bush was signed into office land on a new initiative to support the devel- ward energy independence and clean in January of 2001, the price of oil was $23 a opment of green model cities that focus on energy, green energy, wind, solar, all of barrel and gasoline cost as little as $1.35 per economic development through green job the alternatives that will provide for a gallon. training academies and to create a national much better quality of health for all Now, after more than five years of bombing green institute to serve as a clearinghouse for Americans, as well as for a cleaner en- and bloodshed in Iraq, oil has topped $130 a the green movement. vironment. barrel and gasoline is averaging more than $4 While we are convincing long-standing busi- So we do have a chance for a win- per gallon. nesses to go green and new businesses to win-win. We can create millions of new By some estimates, the war and continued start green, we must ensure that we are also jobs, we can create a trillion-dollar in- occupation of Iraq could cost the United funding opportunities to train our local youth dustry, we can create a cleaner envi- States more than $3 trillion. That’s a $3 trillion and qualify our existing work force to be able ronment, we can create livable commu- bill for this administration’s failed policies in to work in these industries. nities throughout our country if we Iraq that our children and grandchildren will be I want to end by saying what so many of us would just understand the moment paying for years to come. deeply understand: over the last eight years

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00059 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.001 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13391 the Bush administration has been openly hos- costs is that fuel is required to both cated in regions of the world which are unsta- tile to the environment. produce and transport food. So in this ble and in most circumstances, opposed to His administration has repeatedly cut fund- regard, the rise in fuel costs is felt not our interests. Accordingly, there is no issue ing for the EPA and put forth disastrous envi- only at the pump but at the grocery more essential to our economic and national ronmental policies that have rolled back envi- store as well because people are paying security than energy independence. ronmental protections and undermined the more for our gas. I was happy to vote for the Renewable En- safety and well being of our Nation and our So I want to thank you for high- ergy and Energy Conservation Tax Act of planet. lighting this tonight because this is 2008, which is significant and comprehensive Most recently, the Bush administration has something that we just can no longer legislation that will make substantial strides to- threatened to veto the House passed H.R. stand back and ignore. wards energy independence for our Nation, 5351, the Renewable Energy and Energy Ms. JACKSON-LEE of Texas. Mr. while also encouraging the development of in- Conservation Tax Act of 2008. Speaker, if the gentleman will yield, I novative technologies, creating new jobs, re- This legislation makes critical investments in want to thank Congressman TOWNS, ducing carbon emissions, protecting con- clean, renewable energy and energy efficiency and let me extend to my colleagues an sumers, shifting production to clean and re- that will create hundreds of thousands of new invitation to come to Houston and let newable energy, and modernizing our energy jobs and help to maintain the United States’ us have a summit, a discussion, begin- infrastructure. position as a leader in innovation as we move ning discussion for energy and getting In addition to being a representative from toward true energy independence. a roadmap for energy. Houston, Texas, the energy capital of the I urge my colleagues to help bring an end I would like to thank my fellow CBC Mem- world, for the past 12 years I have been the to policies that place corporate profits ahead ber, Representative TUBBS-JONES for her con- Chair of the Energy Braintrust of the Congres- of the long-term interest of public health and sistent leadership on the issue of energy. ‘‘I sional Black Caucus. During this time, I have the environment, and instead work toward a am proud to have worked with my dear col- hosted a variety of energy braintrusts de- greener and more prosperous future for the league in the CBC on a number of occasions signed to bring in all of the relevant players United States and the world. to promote a most energy responsible Amer- ranging from environmentalists to producers of Mr. TOWNS. Mr. Speaker, how much ica. energy from a variety of sectors including coal, time do we have left? We are all painfully aware of the devastation electric, natural gas, nuclear, oil, and alter- The SPEAKER pro tempore. About 4 high energy prices have had on American native energy sources as well as energy pro- minutes. families. This New Direction Congress, of ducers from West Africa. My Energy Mr. TOWNS. On that I would like to which I am proud to be a part, is fighting to re- Braintrusts were designed to be a call of ac- yield 2 minutes to the gentleman from duce our dependence on foreign oil and bring tion—to all of the sectors who comprise the Georgia (Mr. JOHNSON). down record gas prices, and launch a cleaner, American and international energy industry, to Mr. JOHNSON of Georgia. Thank smarter energy future for America that lowers the African American community, and to the you, Congressman TOWNS. costs and creates hundreds of thousands of nation as a whole. Mr. Speaker, I just want to point out green jobs. Energy is the lifeblood of every economy, the fact that in the short time that the It is undeniable that America, today, is in especially ours. Producing more of it leads to Democrats have been in leadership in the midst of an energy crisis. Just this week- more good jobs, cheaper goods, lower fuel Congress, we’ve passed no less than end, Saudi Arabia, the world’s top oil exporter, prices, and greater economic and national se- eight bills, passed them on to the announced that it will increase oil production curity. Bringing together thoughtful yet distinct President, the President has either by 200,000 barrels a day to 9.7 million barrels voices to engage each other on the issue of energy independence has resulted in the be- threatened to veto them or vetoed a day staring July 1st in response the current ginning of a transformative dialectic which can them; and now the President proposes energy crisis. While this is an important step ultimately result in reforming our energy indus- a plan that will have little or no im- in the right direction, it is not enough. At a re- try to the extent that we as a nation achieve pact on gas prices. It will take years to cent world economic forum in Doha, I called implement, it will threaten the envi- energy security and energy independence. for Members of Congress and the United Because I represent the city of Houston, the ronment and does nothing to decrease States Government to participate in OPEC’s energy capital of the world, I realize that many our dependence on foreign oil. And this deliberations, in regards to energy production. oil and gas companies provide many jobs for is a plan that JOHN MCCAIN opposed as I am extremely supportive of the legislation many of my constituents and serve a valuable recently as last week when he made his introduced by my distinguished colleague from need. The energy industry in Houston exem- announcement that he’s now in support Maryland, Representative VAN HOLLEN, The plifies the stakeholders who must be instru- of this failed policy. So we look like Energy Markets Anti-Manipulation and Integrity mental in devising a pragmatic strategy for re- we’re headed for Bush-McCain a third Restoration Act, of which I am a proud co- solving our national energy crisis. term. sponsor. This important legislation would close That is why it is crucial that while seeking And instead of pandering to the oil the so-called Enron loophole by adding energy solutions to secure more energy independ- industry, the President should work to the list of items that cannot be traded on ence within this country, we must strike a bal- with this Congress to come up with a deregulated ‘‘exempt commercial markets’’, as ance that will still support an environment for plan to address our long-term energy well as closing the Foreign Board of Trade continued growth in the oil and gas industry, challenges. And I want to thank you, (FBOT) loophole by forbidding an exchange which I might add, creates millions of jobs Congressman TOWNS, for leading up from being deemed an unregulated foreign en- across the entire country. this effort. I’m proud to be among my tity if its trading affiliate or trading infrastruc- We have many more miles to go before we members of my fellow colleagues in the ture is in the U.S., and it trades a U.S.-deliv- achieve energy independence. Consequently, Congressional Black Caucus because ered contract that significantly affects price I am willing, able, and eager to continue work- we’re showing that we are broad based. discovery. ing with Houston’s and our Nation’s energy in- We understand what is happening down Just last month, I voted to stop the filling on dustry to ensure that we are moving expedi- home with the average Americans. And the Strategic Petroleum Reserve which will tiously on the path to crafting an environ- we stand with average Americans, re- help American families by temporarily diverting mentally sound and economically viable en- gardless of what color, regardless of the 70,000 barrels of oil that go into the SPR ergy policy. what shape or size or even sexual incli- a day, and consequently has the potential to Furthermore, I think it is imperative that we nation. We stand with you because reduce gas prices from 5 to 24 cents a gallon, involve small, minority- and women-owned, we’re all in the same boat together. helping American families, businesses, and and independent energy companies in this Mr. TOWNS. Thank you. the economy as a whole. process because they represent some of the Let me thank all of you for partici- There is an undeniable consensus on the hard working Americans and Houstonians who pating in this Special Order. It was importance of America achieving energy inde- are on the forefront of energy efficient strate- said earlier on, I think by Congress- pendence in the 21st century. It is critical that gies to achieving energy independence. woman LEE, that one reason the food we terminate our dependence on foreign According to the U.S. Minerals Management costs have increased along with fuel sources of oil, the majority of which are lo- Service (MMS), America’s deep seas on the

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00060 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13392 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 Outer Continental Shelf (OCS) contain 420 tril- Ms. CORRINE BROWN of Florida. In Texas, the price of a gallon of gasoline lion cubic feet of natural gas (the U.S. con- Mr. Speaker, I first of all want to has risen more than $1.05 in the past year. sumes 23 TCF per year) and 86 billion barrels thank Congressman TOWNS for hosting No one drives more than Texans do. With of oil (the U.S. imports 4.5 billion per year). this energy information transportation thousands of miles of highways and cities lo- Even with all these energy resources, the U.S. session today. cated far from one another, efficient transpor- sends more than $300 billion (and countless And I was very excited last weekend tation is frequently on our minds. American jobs) overseas every year for en- that I was in your district, and I was Nationwide, gas prices have risen from ergy we can create at home. able to ride the train from Union Sta- $2.20 per gallon in December 2005 to $4.10 I believe that we should mandate environ- tion to downtown New York. That dis- per gallon on June 19, 2008, according to the mentally safe and efficient exploration tech- tance, I was able to do it in 21⁄2 hours, Energy Information Administration, the entity niques in the Gulf Coast which energy compa- and the goal of our Transportation and that collects official energy statistics for the nies have demonstrated a willingness and ca- Infrastructure Committee is to be able United States Government. pacity to utilize. By ensuring access to in- to do it in less time. Gas prices are hurting our local families. creasing sources of energy in an environ- Mr. TOWNS. From Washington to Citizens must make tough economic choices mentally conscious way, I believe we can de- New York 21⁄2 hours? because of the crippling effect that high gas crease our dependence on foreign oil. Ms. CORRINE BROWN of Florida. prices is having on their lives. I support innovative solutions to our national That is right. And we want to do it in Congress must show leadership and take energy crisis, such as my legislation which al- 2 hours. action to address this problem of high gas leviates our dependence on foreign oil and But the key is we were able to do prices. fossil fuels by utilizing loan guarantees to pro- that, and I was able to take that train Congress should work toward the goals of mote the development of traditional and cellu- ride and read and contemplate what long-term energy solutions that promote eco- losic ethanol technology. we’ve got to do. We’ve passed the Am- nomic and environment stability. The Energy Information Administration esti- trak bill. We’ve got to move this coun- We should invest in research to reduce our mates that the United States imports nearly 60 try forward, and I want to thank you dependence on fossil fuels. Wind-, solar-, hy- percent of the oil it consumes. The world’s for your leadership on this issue. drogen-, nuclear-, and geothermal energy greatest petroleum reserves reside in regions We’ve had our heads in the sand long sources are all viable options that should be of high geopolitical risk, including 57 percent enough on the issues of global warming, and considered. of which are in the Persian Gulf. Replacing oil I’m glad that the House Leadership is making We should mandate stricter fuel economy imports with domestic alternatives such as tra- this issue a top priority. You only need to look standards on all automobiles. ditional and cellulosic ethanol can not only at the constantly rising gas prices to under- We should utilize alternative fuels that are help reduce the $180 billion that oil contributes stand why we need to focus on energy inde- environmentally sustainable. to our annual trade deficit, it can end our ad- pendence. We should incentivize the use of public diction to foreign oil. According to the Depart- My home State of Florida is particularly vul- transportation and improve our transportation ment of Agriculture, biomass can displace 30 nerable to weather pattern changes brought infrastructure. percent of our nation’s petroleum consump- about by climate change. Florida on average We should conduct stronger oversight to de- tion. sits just 98 feet above sea level and each year termine if gas prices are being artificially in- Along with traditional production of ethanol battles hurricanes with increased frequency flated. from corn, cellulosic ethanol can be produced and intensity. My years on the Transportation and on the domestically from a variety of feedstocks, in- Fortunately, the Transportation and Infra- Science Committees have heightened my sen- cluding switchgrass, corn stalks and municipal structure Committee is taking the bull by the sitivity to this subject of rising gas prices. solid wastes, which are available throughout horns and looking at ways that we can de- I have worked to help these committees our nation. Cellulosic ethanol also relies on its pass legislation that: own byproducts to fuel the refining process, crease the negative effect our transportation Funds research for environmentally-friendly yielding a positive energy balance. Whereas system has on the world’s ecosystem. the potential production of traditional corn- One simple way to do this is increasing the highway materials; based ethanol is about 10 billion gallons per use of passenger and freight rail. Freight rail- Secures dollars for our local transportation year, the potential production of cellulosic eth- roads have made major gains in fuel efficiency infrastructure; and anol is estimated to be 60 billion gallons per through training and improved locomotive Supports research on alternative fuels, plug- year. technology. A single intermodal train can take in hybrid cars, hydrogen, ethanol, and other In addition to ensuring access to more up to 280 trucks off our highways. Today, one energy sources. abundant sources of energy, replacing petro- gallon of diesel fuel can move a ton of freight In Texas, we spend a lot of time in our cars. leum use with ethanol will help reduce U.S. an average of 414 miles, a 76 percent im- High gas prices are particularly impactful to carbon emissions, which are otherwise ex- provement since 1980. And General Electric our economy. pected to increase by 80 percent by 2025. will soon unveil the world’s first hybrid loco- There is no simple or quick solution to this Cellulosic ethanol can also reduce greenhouse motive. problem of gas prices, but Congress must gas emissions by 87 percent. Thus, Passenger rails’ ability to reduce congestion show leadership and take action to address it. transitioning from foreign oil to ethanol will is well known, with ridership numbers increas- Mr. Speaker, I am concerned about my con- protect our environment from dangerous car- ing steadily each year. One full passenger stituents. They are asking for relief from esca- bon and greenhouse gas emissions. With its train can take 250–350 cars off the roads. lating gas prices, and I want to be proactive. commitment to American biofuels, this legisla- Passenger rail also consumes less energy The time to act upon this issue is today. tion calls for a significant increase in the Re- than automobiles and commercial airlines. But Mrs. JONES of Ohio. Mr. Speaker, I am newable Fuels Standard. It encourages the di- we need to get people to wake up and start pleased to stand here tonight on behalf of the versification of American energy crops thus making passenger rail a priority in this country. Congressional Black Caucus and we discuss ensuring that biodiesel and cellulosic sources Unfortunately, this also brings up the bigger the current energy crisis we are facing and the are key components in the America’s drive to issue of capacity and what we are able to ac- rising gas prices that continue to take a dev- become energy independent. complish with the limited rail capacity that cur- astating toll on Americans. As we head into By investing in renewable energy and in- rently exists in the United States. We need to the summer months, the Congressional Black creasing access to potential sources of en- find a dedicated source for increasing rail ca- Caucus felt it’s important to shine a light on ergy, I believe we can be partners with re- pacity and we need to do it now to prepare for this growing problem. More importantly, we sponsible members of America’s energy pro- the future. wanted the American public to know that the ducing community in our collective goal of This may not be an easy task, but it is the CBC is taking important steps to combat these reaching energy independence. right thing to do for future generations. issues through our CBC Energy Task Force. Mr. TOWNS. Mr. Speaker, the bal- Ms. EDDIE BERNICE JOHNSON of Texas. I along with the CBC have been working ance of the time I yield to the Con- Mr. Speaker, I rise to urge Congress to enact hard to reduce our dependence on foreign oil gresswoman from Jacksonville, Flor- legislation to lower gas prices and invest in al- and bring down record gas prices, and launch ida, (Corrine Brown). ternative energy. a cleaner, smarter energy future for America

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13393 that lowers costs and creates hundreds of We have several Members this Earlier in the district, I spoke with thousands of green jobs. evening that will be addressing the some folks in the Fredericksburg area, In an effort to combat soaring gas prices, House to talk about the energy poli- the Sherman family, and they run a which are currently hovering around $4.00 a cies, or lack thereof, in this country. small business, and they rely on diesel gallon, I joined with a number of my col- And the first gentleman that I would trucks in their business. And they said, leagues in supporting legislation to temporarily like to recognize is the gentleman from ROB, we bought diesel trucks for a spe- suspend the filling of the Strategic Petroleum Virginia (Mr. WITTMAN). cific reason. We bought them because Reserve, SPR, until the end of the year. Filling Mr. WITTMAN of Virginia. Mr. of the hauling that we have to do, and of the SPR takes 70,000 barrels of oil off the Speaker, I thank the gentleman from diesels are more economical as far as market each day and a temporary suspension Ohio for yielding. hauling and heavy work. And diesel could reduce gas prices from 5 to 24 cents a Mr. Speaker, as I drove around the fuel, when they first bought those vehi- gallon, which would be a critical first step for district today, I got to speak to a num- cles, was less than gasoline. And now America’s families, businesses, and the econ- ber of folks, in fact, even over the we know today diesel is significantly omy. weekend; and the number one issue on more expensive than gasoline, and The Strategic Petroleum Reserve is roughly their mind is our energy policy in this they’re frustrated. They said, We made 97 percent full—the highest level ever—with Nation. And they asked me, Rob, what that decision. We made that decision enough oil to meet our national security are we going to do about fuel prices? based on good business sense, and now needs. Currently, we have more in SPR, than What are we going to do about making today their business is being affected we did in 2006 (702 million barrels vs. 688 sure that we have the long-term inter- by that. ests of this country at heart when we million in 2006) and the inventory exceeds our b 2045 International Energy Program commitment to develop this energy policy? You know, I get to experience that In fact, they’re having to park their maintain at least 90 days of oil stocks in re- every day. I’m privileged to live close trucks, and it’s cutting into their busi- serve including private and public stocks. enough to the Capitol here where I ness. So not only is it costing them The SPR has been tapped or suspended commute back and forth every day. I more to operate, but they also have to before by President Bush, President Clinton, live in a little town that’s about 80 make up for that by parking trucks, and the first President Bush. In 2000, after miles from here, and I drive that every which reduces the amount of business such action, the price of oil dropped down by day. So I get to know what the cost of that they’re able to do and affects their one-third—from $30 to $20 per barrel. gas is, and I can really relate to folks bottom line. So not only are they in a In addition to this initiative, I have and con- back in the district when they ask me, situation of having to deal with higher tinue to support legislative action on gas What are we going to do about making fuel prices, but their margins get prices including: holding OPEC, controlled en- sure that we have a good, comprehen- pressed, and they do less business be- tities and oil companies accountable for oil sive energy policy and making sure cause of these higher fuel prices. And price fixing, cracking down on oil price that we address fuel prices. they said, ROB, we can’t stand that for gouging and repealing subsidies for profit-rich For me, it is about an 80-mile com- very long. This really is going to affect ‘‘Big Oil’’ companies so we can invest in a re- mute, and it is very similar to other what they’re able to do. newable energy for the future. folks who live back in the district, So we don’t have businesses that are Additionally, the CBC has been working dili- whether they live in the upper part of growing. We have businesses that are gently on the issue of climate control. We rec- the district in the Fredericksburg area retracting, and they’re asking me, ROB, ognize the importance of protecting our envi- or down in Hampton Roads. Many of what are you going to do? Why isn’t ronment by transitioning from traditional en- them commute day after day. They the Congress coming up with a sensible ergy sources, such as coal and petroleum, to have to deal with the cost of com- energy policy? And why isn’t there a clean sources, such as bio-fuel, wind, and muting to get to their work. And they sense of urgency? solar energy. I am a strong supporter of put- also have to deal with that as they You know, folks are saying, look, ting more resources into creating alternative commute to take their families, wheth- this is something that affects us day in energy sources. When we invest in these al- er it’s to school or whether it’s to and day out. We want to feel like Con- ternative energy sources it also benefits our after-school activities for their chil- gress has a sense of urgency and is increasingly fragile environment. dren. It’s really putting a crimp in going to Washington to get things Additionally, the new energy sources will their budgets, and they are very, very done. And they don’t want us to sit by create much needed green jobs. According to concerned. idle. They are tired of words. They the Union of Concerned Scientists, Ohio As I drive through the district, I get want action, and I can’t blame them. stands to gain approximately 7,360 new jobs to see the price of gas each day, and it You know, we have the opportunity from renewable energy development. These ranges anywhere from $4.10 a gallon up to work together to develop a com- jobs will be beneficial to both our economy in the Washington metro area down to prehensive energy policy that provides and our environment. $3.83 a gallon down in the Tappa- relief to consumers for these high gas I thank Representative TOWNS and the en- hannock area. So I know the range of and diesel fuel prices and also address- tire CBC Energy Task Force for their leader- fuel prices in the district, know where es the issue of our reliance on foreign ship on this issue. the best places are to buy fuel. But it’s oil. Mr. TOWNS. Thank you very much, still extraordinarily expensive for peo- A lady today told me she had a great Mr. Speaker. ple. And that really makes it difficult analogy, and I think it’s perfect. She f on them. It really puts a crimp in their said, ROB, did you ever see the movie ‘‘Apollo 13?’’ And I said, yes, I did. She ENERGY POLICY budgets. It creates challenges for them, and it creates hardships for them. And reminded me of a scene there where, as The SPEAKER pro tempore. Under that’s something that they say, Why the command module and the service the Speaker’s announced policy of Jan- isn’t Congress acting? Why aren’t you module were going to the moon, there uary 18, 2007, the gentleman from Ohio coming up with a solution for these was an explosion in one of the oxygen (Mr. LATTA) is recognized for 60 min- real problems that we have to deal tanks there, and it damaged the pri- utes as the designee of the minority with day in and day out? mary oxygen tank, which was there to leader. And it’s frustrating for them. They fuel the rocket to send it to the moon. Mr. LATTA. Thank you very much, watch a Congress that really kind of So, obviously, they cut that trip short. Mr. Speaker. I appreciate the oppor- stumbles and doesn’t do anything. And But then all the members of the crew, tunity on this special order this I can understand their frustration and the three members had to move to the evening to talk about a very, very im- understand why they are frustrated command module, and the command portant issue that’s facing this coun- with us. module wasn’t designed for them to try, if not the most important issue, You know, I would like to relate a stay in there. You know, those com- and that is energy. couple of different stories. mand modules had scrubbers to take

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13394 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 out carbon dioxide, these lithium oxide oping at this particular point. We need that we have here. We have to make scrubbers, and they weren’t designed to to make sure that we enhance that, sure that we have those resources keep folks alive for 4 days. that we encourage that. available for us just to be able to com- So what happened? They called back You know, environmentally friendly pete. to mission control, and the folks in power production needs to be part of I know there’s some folks that say, mission control went to the engineers, our portfolio, too, in addition to con- well, you know, that’s not going to and they went together and they put servation. You know, I think we all come on line for 2, 3, 4, 15, 20 years together all the pieces of equipment agree that development of our domes- down the road. Well, we need to do this that they had on board in both the tic sources has to be part of the puzzle, now because it does have an effect on service and command modules, and but we can’t take that off the table. It price. We all talk about speculation in they put it in a box and they took it in has to be part of what we do in this the market, and speculation is based the room with the engineers, and they suite of available resources that we on the expected supply, and if the ex- dumped those items on the table, and have to solve our energy problems here pected supply goes up because the they said, come up with a solution to and to come up with a comprehensive United States develops its own sources, the problem. And they gave them a energy policy. that will have an effect on prices, in very specific time limit because obvi- You know, it’s that energy policy addition to the effect on prices that ously their oxygen was going to run that’s going to determine the health of conservation and other alternative out. And those engineers took that our economy in years to come. We have sources will have. So we can multiply time and they came up with an idea, to conserve. We have to look at alter- that effect if we make sure that we and they solved that problem which as- native and renewable sources of en- don’t take anything off the table in de- sured that those astronauts got back to ergy. We have to look at the existing veloping this energy policy. Earth alive. sources that we have here. We have to And you know, as I said, I know that That’s the same sort of spirit of inge- look at nuclear power. We have to look we as Members of Congress have an ob- nuity to solve problems that we need at every available means to make sure ligation to act, and the American peo- to bear with this energy problem. We that this country can meet its energy ple demand that we act, and they de- can do it. We’ve seen that. We’ve seen needs and to create energy independ- mand that we take a comprehensive that American ingenuity come to light. ence. look at what we do to address these en- We’ve seen it solve problems, and we You know, we have to really ramp up ergy needs, and we come up with a know with this particular situation we the effort for research and develop- comprehensive energy policy. can put together a comprehensive en- ment, not only of these resources, but You know, we had the opportunity ergy policy that includes everything. of conservation and of other sources of years ago when we went through an en- We need to put everything in that box, energy. And we have to do that aggres- ergy crisis to develop a policy, and we just like those Apollo engineers did, sively, in addition to aggressively pur- didn’t. Now, we have a renewed oppor- and put it on the table and say let’s de- suing the sources of energy that we tunity to do that and do what’s best for velop a comprehensive energy policy have already. And we can incentivize the American people. They demand it. for this country. conservation, and we can make sure They tell me every day the things that And again, it has to include every- that we encourage the use of more en- I need to be doing as a Congress Mem- thing. We have to make sure that we ergy efficient equipment, in addition to ber, and they say, look, you and your look at domestic sources of energy, developing our domestic sources. colleagues need to be doing that across again to create energy independence, So, again, we have to look at an the board. and looking at our refining capacity to across-the-board comprehensive energy So I think we need to make sure that make sure that meets our future needs. policy and realize that there’s no silver we’re cognizant of what the demand is You know, we have vast resources bullet for increasing gas prices. You and what the requirement is from the here of energy. We need to make sure can’t just say we’re going to do one American public on what we should be that we bring those things to the table, thing and that’s going to create a solu- doing here, and that’s a comprehensive whether it’s oil shale out west, oil tion to this problem. We have to, just energy policy that includes everything. sands, oil and natural gas in the Outer as the Apollo 13 engineers did, put ev- Again, we need to take that Apollo 13 Continental Shelf. And we can do those erything on the table, put everything box, dump it out there, and say let’s things, and we can do those things in in that box, and then put that on the have at it, let’s create a comprehensive an environmentally sound manner. We table for us to solve these issues. energy policy that ensures the long- have the technology to do that to But the American people are looking term economic viability of this coun- make sure that we don’t harm the en- for Congress to take clear-cut action to try. vironment, at the same time creating try to solve this problem, and they ex- I can tell you, we can no longer af- energy independence for this country. pect us to work to come up with that ford to wait, and my constituents de- And we do have that ability. Whether policy. They expect us to hear them, to mand that as well of every other Mem- it’s in ANWR, whether it’s offshore, or literally feel their pain, and to make ber of Congress. Now is the time to cre- oil sands, or oil shales, we need to be sure that we get things done here. They ate a comprehensive energy policy, doing that. want to make sure that we’re investing taking all the tools that we have. You know, we haven’t constructed a in these clean sources, in addition to Mr. LATTA. I thank the gentleman refinery in this country in over 30 investing and making sure that we de- for his statement on energy policy in years. We need to do that. We have the velop the sources that we have here in this country. ability to do that. We have the ability our continental United States. I’d like to next recognize the to create and build environmentally And you know, we should not cut off gentlelady from Minnesota, Represent- sensitive refineries and develop our en- resources within our borders. I mean, ative BACHMANN. Good evening. ergy here in environmentally sensitive we have that available. We don’t see Mrs. BACHMANN. I thank Rep- ways. other countries throughout the world resentative LATTA. I appreciate your You know, at the same time, it’s saying, well, we have these resources leadership on the issue of energy, and critical that we encourage the develop- and we’re not going to use them. And although you are a brand new Member ment of clean energy sources, again, all you know, we’re in a world economy of Congress—you haven’t been here for different parts of the puzzle, and we where we’re competing against those a long time—you’ve shown just ex- need to bring those pieces together. We other nations, and those other nations traordinary leadership on the issue need to look at clean energy sources are buying energy abroad. They’re de- that’s probably facing more Americans like wind, solar, hydroelectric, geo- veloping their own sources. If we are today than any other, and that’s the thermal power. The technology is going to compete with those econo- dramatic increase in the price of en- there. The technology is really devel- mies, we cannot neglect the resources ergy, and I know how passionate

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Why, probably every Member of this body is serves than we’re already tapping Mr. Speaker? Because people in the hearing from their constituents over today. That’s just those 10 billion bar- United States Congress were worried and over and over again. I know that I rels. That doesn’t include the 85 billion about the economy, so we went to the have as well. I had conducted a meet- barrels that are also available in the United States Treasury and we wrote ing with several members of my com- Outer Continental Shelf in the deep sea checks that are still being sent out to munity who own gas stations, inde- energy reserves that America only has. Americans all across this country. pendent owners of gas stations. And But Mr. Speaker, I think most Amer- Why? We wanted to encourage Ameri- one thing that they told me that broke icans aren’t even aware that America cans to spend money to stimulate the my heart, they told me that they are is the only country in the world that economy. seeing 30 percent fewer sales at the has voluntarily made it illegal to ac- Do you know what I believe the pump, and they’re also seeing 30 per- cess its own energy. That’s right, Mr. greatest stimulus would be to Ameri- cent fewer sales inside their store, and Speaker, we are the only country in cans? It would be to get gasoline back they’re hurting. the world that’s made it illegal to ac- to $2 a gallon. And it’s so possible. It One gentleman told me that nor- cess our own energy. was just about 18 months ago that the mally he would spend $10,000 to pur- Congress caused this problem. The Democrat majority took over in this chase the gasoline that would go into problem is not OPEC and the problem body. And when they took over, gaso- the ground in the holding tanks, is not speculators. The problem is the line, on average, at the national level $10,000, and that’s money that’s out of United States Congress. I believe part was $2.33 a gallon. Mr. Speaker, that his pocket, sitting there in inventory of the reason why we are seeing average today is about $4.07 a gallon. until it can be sold. And he said, now, Congress’s approval ratings at an as- That’s a dramatic increase in the price I pay $40,000 to have that inventory in toundingly low 12 percent is because of gasoline, unheard of increase in the the ground, and now sales are 30 per- Congress has chosen to make it illegal price of gasoline. It took us 25 years in cent less. And so he has more money in to access the answer that we need, and the United States for gasoline to go the ground, not producing for him, at a that’s our own energy resources. from $1 a gallon to $2 a gallon. And just higher and higher price level, and he Here’s another great fact. In the gulf in the time that the Democrats have said this is eating up my entire profit coast region, we have what is probably held the gavel they have taken this margin. There are people going out of the world’s largest reserve of natural country from $2.33 to $4.08 a gallon. business. gas. We have 420 trillion, 420 trillion I was listening to the previous dis- And so what he told me is we’ve got cubic feet of natural gas that’s avail- cussion that occurred, and I heard to do something to get gasoline back able to us right now off the shore in some suggestions about why the price down from its $4 a gallon, and that’s the Gulf of Mexico. We can access this, of gasoline has gone up so dramati- what we’re about here tonight to say and we can bring natural gas into our cally. And I find it interesting, because there’s very good news on the horizon. country, use it to fire up our electrical if you look at the votes from 1994 until It’s doom and gloom when you wake grid, and also, we could even change today, this Congress has already voted up in the morning and you see and you our cars and buses, run them on nat- on whether or not we should explore in hear on the radio and you see when you ural gas as well. ANWR. We voted on it. In fact, the drive to the gas station what the price Congress, back in 1995, sent a bill to b 2100 at the pump is. But the good news is, President Bill Clinton to say that we there is an answer, and America can go America also is home to 25 percent of should be drilling in ANWR. The House back to $2 a gallon gasoline or less. It’s the Earth’s supply of coal right here in passed that bill, the Senate passed that entirely possible. the United States, almost an unlimited bill. Unfortunately, it was President Why? Because we have the answer supply. We have clean coal technology Bill Clinton that vetoed that bill; oth- right here in our country. We are today that’s available to us that can erwise, we would have already been standing on our own solution. We have process coal and transmit that almost drilling in ANWR. We wouldn’t be in energy that’s available to us, 86 billion unlimited supply of energy all across the pickle that we’re in today. barrels, that’s according to our own the United States. But this is the vote and these are the United States department, 86 billion And as well, nuclear energy. I have a facts. I’m not trying to be partisan be- barrels of energy right now that’s nuclear energy facility in my home dis- cause we need to come together, as available to us in the form of oil in the trict in the Sixth Congressional Dis- Democrats and Republicans, and solve Outer Continental Shelf area. trict of Minnesota, Mr. Speaker. And this problem now because Americans We have over 10 billion barrels of oil I’m so grateful we have that because are feeling real pain and the economy that’s fully recoverable up in the arctic nuclear power supplies almost 20, 25 is reeling over energy prices. But here’s energy slope. This is an area of land percent of Minnesota’s energy needs. the facts, Mr. Speaker. This is a fact. that Congress originally set aside spe- It’s a clean, safe, reliable form of en- Any American can go and find out cifically for the purpose of accessing ergy, and it has zero emissions. I am so what the voting has been on ANWR ex- that energy through drilling to bring excited about this wonderful tech- ploration, of bringing energy down back down to the United States. I had nology, but unfortunately, Mr. Speak- from Alaska. the privilege back in the mid-1970s of er, again, Congress has made it illegal Ninety-one percent of Republicans working two summers up on the Aleu- for us to be able to tap into this won- have voted to explore in ANWR and tian Chain in Alaska. That’s when the derful source of energy. drill for oil in ANWR, 91 percent; 86 Prudhoe Bay, Alaska, trans-Alaska oil Whether it’s nuclear, whether it’s percent of Democrats have opposed pipeline was built. That oil pipeline is coal, whether it’s natural gas, whether drilling. And that hasn’t changed today currently up. It’s running, but it is it’s the oil reserves that we have, because we already know what the only half full. America has the answer. In fact, this is Democrat plan is for energy, they’ve With very little effort, we could actu- the industry that we can tap into right made it abundantly clear. It is very ally tap into that oil pipeline, the 10 now. We don’t need to find a magic bul- simple. Their plan has been, let’s have billion barrels that we know are al- let or a magic alternative. This is en- the United States Government—that ready in Alaska, and we could fill that ergy that we have available to us today created this problem—take over the oil

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industry and nationalize oil refineries. onto the Kyoto Treaty, the EU, that LATTA is leading the charge tonight to That’s what they said last week at a signed onto this elaborate, bureau- let the American people know that press conference, let’s nationalize oil cratic-driven cap and trade system, we’re with them, we’re in their corner. refineries. Well, that’s not a new idea, their emissions all went up, ours went We don’t think they are the problem. but it’s not an American idea. And down. What’s the difference? We think the American people are way that’s not an idea that the American We, in this country, believe in free- out in front on this solution. public wants us to embrace. They don’t dom. We believe in freedom and we be- So I yield back, Congressman LATTA. want us to embrace socialism. But lieve in free markets to solve our prob- I yield back because I can’t wait to that’s what we heard Democrats say lems. And they do, free markets solve hear what more you have to say on this last week. the problems. It’s not socializing our issue. And thank you for that oppor- Here’s the other part of their plan: It oil industry like the Democrats have tunity. is, drive less and pay more. Drive less suggested. It’s not sitting home, put- Mr. LATTA. Well, I thank the and pay more. That’s not what the ting a sweater on, turning our thermo- gentlelady for yielding back, and also American people want. But Senator stat down, that’s not going to solve the for her enthusiasm and her knowledge OBAMA, the nominee of the Democrat problem. It’s not going to be paying of this subject because this is what we party, just recently said it isn’t the more at the pump; that’s not going to have to do in this country because high price of gasoline that has him solve the problem. It is unleashing we’ve got to get the word out to the worried, it’s how quickly that price American ingenuity and finding these American people. But as you said, the went up. Well, I’ll tell you one thing, new sources of supply, which we al- American people are actually far ahead Congressman BOB LATTA, Congressman ready have, with technology that we of Congress right now and they know PAUL BROUN and also Congressman ROB already have, and bring the supplies in what we need to do. So I just want to WITTMAN, who was on the floor tonight, so we can make it happen. thank you very much for your elo- it’s the high price of gasoline that’s I am so excited about what Congress- quence tonight on your statement. bothering us. man LATTA is doing. And I just want to At this time, I would like to yield Republicans don’t want to see gas at end now with these other statistics, now to my good friend, the gentleman $4.08 a gallon, or $5 or $6—or whatever and they’re very simple. House Repub- from Georgia (Mr. BROUN), to speak on that price could be by the end of sum- licans voted 97 percent of the time to energy. mer. We don’t want it that price be- have coal-to-liquid technology, to give I appreciate your being here this cause we know for a fact we can get us more oil at cheaper prices. Demo- evening. Thank you. gasoline back down to $2 a gallon or crats opposed it 78 percent of the time. Mr. BROUN of Georgia. I thank my less very simply if all we do is explore Oil shale exploration. The United good friend for yielding, and I appre- States is the Saudi Arabia of oil. We what we already know we have. We’ve ciate what you’re doing tonight. have more oil just in Colorado, Utah got the resources, we’ve got the tech- Energy is the lifeblood of the Amer- and Wyoming than all of Saudi Arabia, nology. We can do this thing, we’re ican economy. Our economic prosperity over 1.3 trillion barrels of oil. Repub- Americans. We’re Americans, and we is closely tied to the availability of re- licans said yes, let’s explore that oil 90 can do this, just like Congressman liable and affordable supplies of en- percent of the time. Democrats opposed WITTMAN said, like we did with the ergy. Unfortunately, U.S. energy pro- exploring that oil 86 percent of the Apollo 13. We can do this, and it’s excit- duction has grown only 13 percent time. while energy consumption has in- ing. Outer Continental Shelf, where we We don’t have to go with the Demo- have 86 billion barrels of oil. House Re- creased 30 percent since 1973. According to AAA, the average crat agenda, which is, nationalize the publicans voted 81 percent of the time, American is paying over $4.07 per gal- oil industry, take over the oil refin- let’s explore, let’s access that energy. eries. We think the United States Gov- Democrats, almost the flip, 83 percent lon for gasoline today. Instead of trav- ernment—who didn’t do such a great opposed exploration. eling to spend time with loved ones, job at Walter Reed Hospital—is going On refinery increase. Because, you record gas prices will keep many Amer- to be brilliant and bring down the price know, we had over 300 refineries not icans home this 4th of July weekend. of gas by taking over oil refineries? I too long ago in this country, we’re now Skyrocketing gas prices and a risky don’t think so. I don’t think that’s who down to somewhere near 150 refineries. dependence upon fuel supply by vola- I want to trust, not with the American The Republicans voted 97 percent to in- tile foreign nations highlight our need people saying that we have a 12 percent crease the number of refineries, Demo- for an American energy policy that em- approval rating; I don’t think they crats opposed it 96 percent. phasizes production and decreases our would trust us either. I don’t take any glory in reading reliance upon foreign oil. And I don’t think the American peo- those numbers, but if you average Many here in Congress bemoan ple want us to drive less and pay more. them all together, over 90 percent of America’s addiction to foreign oil, yet I think what the American people want the time, Mr. Speaker, Republicans they refuse to allow access to Amer- is what the Republicans are offering. have voted to explore American en- ican oil and gas supplies necessary to And that’s why I’m so grateful to Con- ergy, explore it now so that Americans cure this addiction. America has been gressman LATTA tonight for sponsoring can pay less. That’s our answer. We’re blessed with abundant natural re- this important hour on energy. Be- not new to this dance. This has been sources, and we should not be hesitant cause what Congressman LATTA is try- the answer that Republicans have been to tap into them, especially at a time ing to let the American people know is giving since 1994. That’s the answer we when energy cost is so high. that we can get back down to $2 a gal- want to have. Democrats, since 1994, al- We’ve heard time and time again lon of gas or less if we open up the key most 90 percent have said no, let’s not about how drilling off the coast in the to our own answer, which is, open up access American resources; in fact, Outer Continental Shelf will harm the America’s supplies and do it in a clean, let’s make it illegal to access these re- environment. This is pure hogwash. safe, environmentally sensitive way, sources. Well, that’s not what the Hurricanes Katrina and Rita destroyed which we’ve already done. American people say. or damaged literally hundreds of drill- How do I know that to be true? Be- Mr. Speaker, over 70 percent of the ing rigs without causing the spill of a cause the United States was one of the American people have had it up to single drop. Yet congressional Demo- only countries in the world last year here. They’re seeing their lives change; crats continue to pander to the far left that actually reduced its emissions. they’re seeing jobs lost, jobs sent over- environmental whackos instead of That’s right, Mr. Speaker, the United seas. They want us to explore here, ex- mending the pains of hardworking States is one of the only countries in plore now, so they can pay less. Americans. the world that reduced its emissions. And, Mr. Speaker, we agree with the We cannot even drill for oil or gas 200 All these other countries that signed American people. And Congressman miles off our own shore. Meanwhile,

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Our energy prices were not created 8 o’clock, and gas down at the local gas The entire area of ANWR is larger overnight and will not be solved over- station was $4.03. I had to speak at our than the combined areas of five night. Congress must act swiftly to ad- Buckeye Boys State, which was going States—Massachusetts, Connecticut, dress this growing energy crisis. Amer- on at Bowling Green State University Rhode Island, New Jersey and Dela- ica’s energy policy must make us on Saturday morning, and I attended ware—yet the proposed drilling area is stronger and less reliant on countries one of my county fairs that day and equal to one-sixth the size of Dulles that are hostile to freedom. Passing also went to an event at Bowling Green Airport here in Washington, D.C. any so-called energy bill that fails to State University that evening. And the Development of American oil and gas produce even a single kilowatt of new only topic that people are talking on these lands will help bring the price energy or produce a gallon of gas is not about right now is what are we going down and help break the stranglehold a solution. We must pass legislation to do in this country about the high on energy that hostile countries in the that will allow for responsible use of prices of fuel? And, again, they under- Middle East enjoy. And this can be our known American supplies of en- stand there’s a problem, but, unfortu- done in an environmentally sound ergy, that reduce excessive and burden- nately, here in this Congress there is a manner and should be immediately im- some environmental policies, and that real question if we actually are getting plemented. encourage the development of alter- it. The environmental groups haven’t al- native forms of energy. We need to in- My district, the Fifth Congressional lowed a new oil refinery to be built in crease nuclear power. It’s the only District, is kind of unique in that we the United States for decades, about 30 thing that has proven to be incredibly are number nine in manufacturing in years. It does little good to increase safe. It’s a successful source of energy, the entire United States Congress, our use of domestic supplies of oil when and it’s the only thing that makes ninth out of four hundred thirty-five. we do not have the refinery capacity to sense economically. What made this country great was quickly convert it into a useable form, I stand ready to fight for this, and I the Industrial Revolution. After the gasoline. Members on both sides of the encourage my colleagues to do the Civil War, we watched what happened aisle need to stand up to these fringe same. as the country took off. We had a situ- groups and implement policies that en- Mr. LATTA, I appreciate your working ation where we had the resources, we courage the construction of new refin- tonight to bring this issue forward. It’s had the people, and we were able to eries in the United States. absolutely critical for the American produce a product that the rest of the Liberals also suggest mandating eth- public that we stop this dependence world wanted. And we did great. But anol and renewable fuel production and upon Middle Eastern oil. These coun- the big thing we have to look at today selling it as the answer to America’s tries want to destroy us. They hate our is that energy equals manufacturing, energy needs. The 2007 ‘‘non-energy’’ freedom. They hate our market sys- which equals jobs for Americans, and if energy bill, or ‘‘lack of energy’’ bill has tem. They hate everything that we we are not going to be doing that, already proven that the Democratic so- stand for. They even hate women. They we’re in trouble. lution is wrong, dead wrong. Man- want to use them as tools. And yet we Another great privilege and honor dating the production of renewable are funding these countries that want that I have got out there, I am able to fuels has only led to an increase in to destroy us. It makes no sense. We go around my district and go to the world food prices. It is, at best, dis- have got to develop an energy policy manufacturing facilities and talk with ingenuous, and at worst, an outright that makes sense economically, envi- a lot of the people that are working in lie to say that renewable fuels can ronmentally, and makes us not depend- these plants. And one of the questions meet America’s needs in the near fu- ent upon these countries that want to that I always ask them right upfront is ture. destroy us. how many miles do you drive to work? I highly commend your effort to- or how many folks do you have that b 2115 night. I am glad to have joined you to- are driving out of the area? It’s not un- As a good southerner, I love my corn- night, and I look forward to working common to hear 30, 40, 50 miles one bread and grits. It makes no sense to with you and the rest of the Members. way for people to come into work. So me to put corn in the tank of my pick- Congresswoman Michele Bachmann, I you multiply that out, and some people up truck. just love you and I appreciate your pas- driving 500 miles a week. And some Energy prices are soaring, and the fi- sion and your fervor in fighting for people are saying to me, you know nancial pain that families are feeling change in our policy. It’s absolutely what? There’s a real problem out there. at the pump is forcing them to decide critical. So I applaud your efforts. I What happens when gas gets to the what they can and cannot spend. Con- know last week I saw you fighting price that I’m not going to be able to gressional Democrats act as if they down here on the floor again for the afford to drive to work and it’s not have been living under a rock by con- same issues, and I am at awe of your going to be sound for me to do that? tinuing to ignore the demands of the fervor towards this. But we must end We have got a real problem. We have American people and refusing to do our dependence on foreign oil, and I ap- got a real problem. Because the Fifth anything to lower these burdensome preciate both of you as well as Con- Congressional District is 140 miles east prices. Skyrocketing gas prices and a gressman Whitman’s participation to- to west. It’s not as large as going to risky dependence on fuel supplied by night in this Special Order. Thank you Montana or Wyoming or some other volatile foreign nations highlight our so much, and I just praise God for you spots in Iowa or some of the other need for an American energy policy and your efforts tonight. States. But when you’re driving that that emphasizes production and de- Mr. LATTA. Thank you very much, many miles to work, people are going creases our reliance upon Middle East- my good friend from Georgia. I really to start asking, is it worth it for me to ern oil. appreciate your being here tonight. actually get to work? The United States is the only nation And, again, what you say is absolutely At the same time, we have a lot of on Earth that forbids development of what we have to be doing in this coun- different manufacturing facilities in its own natural resources. Listen to try, and I appreciate it. And, again, as Northwest Ohio. We also have certain me. Right now America is drilling for we said a little bit earlier, the Amer- very unique ones. We have a float glass ice on Mars; yet we cannot drill for oil ican people back home get it, but we plant in my district. Five years ago

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13398 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 June 23, 2008 their costs were around $10 million; make some dumb mistakes in this would be considered areas that the today they are $30 million. There are 40 country because we were always able United States should be drilling in, and of these facilities being constructed in to correct them quickly because every- we are not. China today. Their labor force is cheap- body was behind us. After World War The alternatives/supplementals, er. So when we are competing with II, most of the world all lay in sham- China is mandating by 2020 15 percent cheaper labor compared to our more bles but the United States. But as time of energy from wind, biomass, solar, highly skilled labor, but at the same went by, these other countries have and small hydro plants. price of fuel, let’s just say, they are been catching up, and I think this Things are happening across the going to win because their prices are chart explains it really quickly. world, but the real question is what is cheaper. We can’t have that happen. When you look at the energy con- happening in this country? What is The other thing we have in North- sumption in this country and where happening in this country? And I am west Ohio, I come from the largest the other countries are, and I’m talk- afraid to report tonight not much at farming area in Ohio, and when you’re ing about India and China, you will see all. looking at the farmers today, they that right now we are leading. But in As we have talked about, what’s been have been planting corn and soybeans, 2015 China and India are going to be at going with nuclear in this country? and they are getting ready in the near parity with the United States. In 2020 The last plant to be licensed in this future to be out there and are going to China is going to surpass the United country was in 1977. The last plant to be harvesting that wheat. But it costs States in energy usage. What does en- go online was in 1996. When you’re money. It costs a lot in diesel. It costs ergy usage mean again? Energy usage looking at these things, we are getting in chemicals. It costs in fertilizer. And means jobs. It means manufacturing. farther and farther behind. There is a this is all from the same thing, and all And if they get ahead of us, it’s going lot of different things we can be talk- of it is coming from petroleum. So to be very, very tough to catch up. ing about with alternatives or maybe when people say they are getting X Once again, we have got to do what we you want to call them supplementals, number of dollars for a bushel of wheat have to do for the American people, types of powers, but I think people or beans or corn, you’ve got to look at and that is to make sure that we have have got to know what we’re talking what that production cost is. And it’s the energy to make sure that we have about. When we’re looking at what one rising. And not only is it rising for the the jobs for the future. 1,000 megawatt reactor would need, you farmers and the manufacturers, but As my colleagues discussed a little would have to erect between 1,250 to also for that man and woman going bit earlier some of the issues, nuclear, 1,700 wind turbines to get there. I think into that grocery store every week to let’s just talk about nuclear for a few wind is great, but I think you have to try to make sure they have food on the minutes. France, about 75 percent of remember we have to have a base load table for their family. The costs are all their energy comes from nuclear out there to make sure that we can run going up. power. Not only do they have that nu- our plants. In Ohio 80 percent of all the goods clear power, but they also have that As the gentlewoman from Minnesota that are delivered are delivered by nuclear power they can export to the mentioned, the United States has 24 to truck. We don’t have a rail system. We rest of Europe. So they’re producing it 25 percent of the world’s coal. Well, don’t have a metro system. We don’t and they’re shipping it over. what are we doing about it? In Ohio we have a bus system. People in my area, Japan has 55 nuclear reactors with 2 have higher sulfur in our coal, and the if you’re going to get someplace, you under construction. Russia, 31 reactors problem with that is it costs more to can’t walk. You can’t ride a bicycle. in operation and 37 to 42 currently or scrub it. But we have the technology. You’ve got to get in that automobile will be under construction and oper- We have an individual from Northwest and get to work or get to that store. So ational by 2020. India is building 30 new Ohio that has helped bring about and we have to make sure that folks have plants in 25 years. They’re smaller, invent a clean coal technology that we that ability to be able to purchase about 200 megawatts, but they are can consume this coal without emit- things because if we have too high building. China, they are building 40 ting it. We have hundreds of years of prices for gasoline, home fuel oil, nat- gigawatt nuclear power stations in the reserves on our coal. ural gas, electric costs, rising food next 25 to 30 years. That’s 40 in the As has been mentioned, the oil shale bills, that’s going to prevent con- next 25 to 30 years. in Utah, Colorado, Wyoming, over 6 sumers out there from having more dis- What about coal? As my colleague trillion barrels of oil equivalence out posable income. And when they don’t from Minnesota brought up about all there, and what are we doing about it? have disposable income out there, the coal that we have in this country, Absolutely nothing. what’s going to happen? Well, they are what is China doing? Well, right now in b 2130 going to quit buying, and pretty soon China, about 80 percent of their power this economy is going to be in sham- is electrically generated and 18 percent Congress is standing in the way. Oil bles. So we have got to do something is hydro, and they are getting into nu- and natural gas. When we reimport 65 right now. And, again, the American clear. China is investing in $24 billion percent of our oil in this country, that people understand it, but we have got in clean coal technology. is a problem. That is a problem. We to understand it here in Congress. India, the third largest coal producer need to start doing something. Our A couple weeks ago when we were and consumer in the world. India is friend from Virginia, Mr. WITTMAN, having another Special Order, a Mem- right there at number three. India and said a little earlier that what they did ber from Texas brought up an example China account for 45 percent of coal with Apollo 13, they had to come up of a person from his district. A trucker use. with a solution, and come up with it from Texas had a load to take to Cali- Hydro, China is constructing the now. We have got to do that in this fornia. It cost $1,500 in fuel costs to get Three Gorges hydro plant, which is country. that to California. That trip cost $1,500, going to produce about 18.2 gigawatts, John Kennedy, when he was in office, and he got $1,700 for the entire trip. By and the Yellow River hydro plan will had said that we were going to put a the time you take out all the expenses, produce 15.8 gigawatts. man on the Moon by the end of the the taxes, the depreciation on the Oil, as my colleague from Georgia 1960s. We did it with Neil Armstrong in truck, he lost money. So we have got a has mentioned, drilling offshore, the 1969. But we have got to have a purpose real problem in this country, and that Chinese, as he just mentioned and as and make sure we get that done. problem is coming up on us right now. my colleague from Minnesota men- We are talking about places where we The United States uses about 21 per- tioned, China is negotiating for oil are restricting ourselves. The only cent of the world’s energy as we speak leases off Cuba 50 miles from the U.S. country in the world to fight with both tonight, but the rest of the world is Canada is negotiating. Venezuela is ne- hands tied behind its back is this coun- catching up. We were years ago able to gotiating. Those are in waters that try. ANWR, we have approximately 10.3

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13399 billion barrels of oil. As has been men- Mr. LATTA. I yield to my friend gas stove that I cook my wild game on tioned, we are talking about an area of from Georgia. when I get home and have the oppor- over 19 million acres, and only talking Mr. BROUN of Georgia. I have got a tunity to cook my game and fish that about drilling and exploring in 2,000 of comment and a question. Last week, I love to hunt and fish. But all these those acres. When you are looking at we heard members of the other party are clean sources of energy, and we are 10.3 billion recoverable barrels of oil up come to this floor and talk over and just not tapping into those. there, we have got to get up there. As over again about the oil companies I thank you for bringing these things mentioned a little bit earlier, Presi- have thousands of acres that they al- up. We have got so many sources of dent Clinton, in 1995, vetoed that legis- ready have leased and that they are clean fuels, even if global warming is lation, or we would be getting that oil not drilling in them. It’s my under- caused by human causes, which I am right. standing that a lot of this is land that one that I don’t think there’s enough Also, as has been mentioned, we have the oil companies just leased up so that scientific data to prove that fact. 420 trillion cubic feet of natural gas off- they would have the prerogative to be There are a lot of scientists that do say shore. We have 86 billion barrels of oil. able to do so in the future. that. But certainly tapping into our Of that, the Federal Government de- I think this is correct, is that not so? own gas and oil resources can make us nies access to 92 percent for oil drilling Mr. LATTA. To the gentlemen, I be- less dependent upon foreign oil, make and 90 percent of that area for natural lieve that is absolutely correct. When us less dependent upon those who want gas. As has been mentioned, even if we you’re talking about leases, as you to destroy us as a Nation. It’s a na- got that oil to this country, we haven’t said, you’re buying and leasing a lot of tional security interest for us to tap done anything for over 21⁄2 decades on an area. It doesn’t mean they are all into those resources that we have here. refinery. profitable, because if every time you As I said a few minutes ago, America A bill has been introduced here to put a well down and struck oil, every- is the only Nation in the world that say if people have that NIMBY, that body would be doing it. won’t tap into and develop its own nat- ‘‘don’t put it in my backyard,’’ how Mr. BROUN of Georgia. That is the ural resources. It makes absolutely no about using an abandoned military point that I was just wanting you to sense. It’s stunningly stupid, stun- base to put these facilities in, these re- bring up, is that all this land that the ningly stupid that we don’t do that. fineries. oil companies have leased over the Right now, we are drilling for ice on The scary thing we have got going years, they have temporary leases, mars, yet we cannot drill for oil in out there is this, is that as we watch that when those leases expire, the land America. I just cannot understand more and more American dollars being turn back. In fact, I have got a friend, that. It makes no sense. spent on all of this fuel and all these the Dudleys in Athens, Georgia, who We are being blocked over and over other dollars going overseas, and of lease some land in Alabama to an oil again by the people on the other side course we have a $9 trillion debt right company to drill for gas. They had that who are pandering to the radical envi- now, the scary thing that we have got lease for a number of years. The oil ronmentalists. I am a conservationist. going out there is who’s buying our company never drilled. That lease has I started my political activity coming debt. Right now, we have about a $9 expired. So those friends of mine, up here as a volunteer, working on con- trillion national debt. About $2.6 tril- Randy and Mary Dudley, in Athens, servation issues. I think it’s critical lion of that is owned by foreign coun- Georgia, today, don’t have the lease that we develop those oil sources. tries. Japan owns, as of the April state- money coming in as they did. The oil I congratulate you on bringing this ment, about $592.2 billion, and the Chi- company never drilled there. forward tonight. nese have about a half a trillion dollars That is true all over this country, Mr. LATTA. Thank you. I yield to of that debt. from what I understand. We just hear my good friend from Minnesota. We have got to act now. We can’t Mrs. BACHMANN. Thank you, Con- wait. We can’t make mistakes. We have from the Democrats over and over gressman LATTA. I want to address a to explore, drill, we have got to con- again that the oil companies have all point that was brought up by Congress- serve. We have got to do everything this land, but it’s land where there’s no that has been mentioned here tonight. oil. They just lease it in case that they man BROUN and really the absurdity of We have got to look at those alter- may be able to find oil or gas. But we the remark regarding the oil leases natives of supplementals because, know there’s oil, we know there’s gas that oil companies have taken up. again, you talk to a lot of folks out on the Outer Continental Shelf. In fact, These lands are owned by the American there and the question as to alter- it’s my understanding that only about people and they are leased out to oil natives, well, maybe don’t have enough 15 percent of the land in the Outer Con- companies or natural gas companies. base load out there. tinental Shelf is actually leased, that These oil and gas companies have to So we have to make sure that we get we could tap into. Is that correct? pay for these leases. They aren’t just those wind turbines up. Again, people Mr. LATTA. That is correct. given to them free of charge. They object to those. In my district, out my Mr. BROUN of Georgia. Well, in fact have to pay for the right to search for back door I can see the only four wind we know that there is oil and gas out the oil. turbines in the State of Ohio. We have there; in fact, trillions of cubic feet of They take all the risk, and they find solar, with two companies, one in pro- gas. Gas, when we burn it, is a very the natural resource and they access duction right now in my district, an- clean fuel. Those who adhere to this that natural resource. It doesn’t make other going to be going online here in global warming hysteria, which I think any sense economically for a company the near future, producing solar panels. is a hysteria and not fact; in fact, I am to lease something and waste money on I have another company in my district a medical doctor and scientifically I leases that they aren’t going to use. working on hydrogen. There’s ethanol, have looked at this issue, and there are It’s already in law that if the compa- there’s biodiesel, but everything put many scientists on both sides, a lot nies that lease this land, if they are together, we have got to go out there that say that global warming that we not productive, it’s already a law they and do it all right, and do it all right, are experiencing is due to natural have to turn the leases back. They and we’ve got to do it now. causes and not due to an increase in can’t just lease them forever, get them So, Mr. Speaker, I think that the carbon output by man’s use. But we for free, not pay for that right to lease time is now. The American people are have got propane that is produced from the land. They have to already turn demanding action from this Congress, the refinery of oil. We could produce them back if they aren’t productive, and we can’t make the mistakes of the that. There are a lot of cars and buses because the companies know if there’s past because we don’t have time to that run on propane. oil on the land, or if there’s gas on the catch up. We have natural gas that, in my land, they already know if it’s there. Mr. BROUN of Georgia. Will the gen- home in Watkinsville, Georgia, I have Just because they have leased land tleman yield? a natural gas hot water heater, natural doesn’t mean that there’s oil on it or

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that there’s gas on it. It just doesn’t tleman from Georgia (Mr. BROUN) is Today I am pleased to introduce a make sense someone is going to waste recognized for 5 minutes. resolution defending private property money if they are in a private com- Mr. BROUN of Georgia. The fifth rights. This resolution in a very clear pany. That takes away from profit, and amendment to the U.S. Constitution manner reflects the intent of our you need to have profits to be able to states that, ‘‘No person shall be de- Founding Fathers when they listed pri- go forward. prived of life, liberty, or property with- vate property rights as untouchable by Again, this is the 75th anniversary of out due process of law; nor shall pri- government power. By placing property the New Deal, and it reminds me of vate property be taken for public use rights in the fifth amendment to the Solomon, who said in Ecclesiastes, without just compensation.’’ Constitution, the Founders made the ‘‘There is nothing new under the sun.’’ June 23, 2005, marks a very sad day in protection of private property a pri- And there is nothing new under the sun our Nation’s history. Exactly 3 years mary aim of the American government. with a lot of these suggestions we have ago today, five unelected members of There is no provision in Article I, Sec- seen. As a matter of fact, the plan we the U.S. Supreme Court made one of tion 8, or anywhere else in the Con- have seen so far from the Democrats the most despised rulings in our Na- stitution, that allows the unnecessary, has been this, and it’s pretty simple, it tion’s history, one of the most egre- predatory seizure of private land. is: Drive less, pay more. That is pretty gious, unconstitutional rulings in our On this, the third anniversary of one much the plan that we have seen. Oh, Nation’s history in its ruling of Kelo v. of the Supreme Court’s most infamous yeah, also, let’s increase taxes on the City of New London. decisions, I am proud to join property domestic production of American en- The courts allowed a small Con- rights advocates all over America in ergy. That doesn’t take too much for necticut town to seize a private home renewing our protest against judicial the American people to figure out. to make way for a riverfront develop- activism. I applaud the many States If Congress would decide we are going ment. This activist decision was an at- that have passed legislation to limit to start taxing food, do you think food tack on middle-class citizens for the their power to eminent domain and the would cost more? Of course it would. benefit of the rich. There have been no supreme courts of many States that What about if Congress decided, Let’s worse interpretations of the intent of have barred the practice under their add taxes to health care, as if that the fifth amendment than when the Su- State constitution. I applaud the cour- wasn’t expensive enough. Would that preme Court seized a private home for age of Susette Kelo and other victims the profit of a private company. Yes, a cost more? Of course it would. of eminent domain abuse who have private company. This is not the way the American stood up to their government and people want us to go. They don’t want Justice Sandra Day O’Connor, with whom I have disagreed on many of her fought for their constitutional rights. us to jack up taxes on American pro- As John Dickinson, signer of the decisions, was spot on in her dissent duction of oil. They don’t want to drive Constitution stated: ‘‘Let these truths when we stated, ‘‘the specter of con- less, they don’t want to pay more. be indelibly impressed on our minds: (1) demnation hangs over all property. They don’t want to have America so- that we cannot be happy without being Nothing is to prevent the State from cializing and taking over oil refineries. free; (2) that we cannot be free without replacing any Motel 6 with a Ritz- What the American people want, pure being secure in our property; and (3) Carlton, or any home with a shopping and simple, is freedom. They want free- that we cannot be secure in our prop- mall, or any farm with a factory.’’ dom, they want the free market, and erty if, without our consent, others they want to see energy prices get back She added that under the Court’s de- cision in Kelo, ‘‘any property may now may as by right take it away.’’ down to $2 a gallon or less. Private property rights are critical be taken for the benefit of another pri- I know it’s possible, I know it can for freedom, and we need to fight for vate party,’’ and ‘‘the fallout from this happen, and that is why I am so thank- private property rights. ful for your brilliant leadership to- decision will not be random. The bene- f night, Congressman LATTA, and also ficiaries are likely to be those citizens for Congressman PAUL BROWN, and also with disproportionate influence and LEAVE OF ABSENCE for Congressman WITTMAN, who was power in the political process, includ- By unanimous consent, leave of ab- here earlier this evening speaking, be- ing large corporations and development sence was granted to: cause here’s an answer. Here’s an an- firms. As for the victims, the govern- Mr. DAVIS of Illinois (at the request swer. ment now has a license to transfer of Mr. HOYER) for today and June 24. It’s here, it’s ours, it’s for the taking. their property from those with fewer Mr. HILL (at the request of Mr. We can be environmentally sensitive. resources, to those with more. HOYER) for today. We can explore here in America now, b 2145 Mr. KANJORSKI (at the request of Mr. and we can have Americans pay less. I HOYER) for today. The Founders cannot have intended yield back. Ms. KILPATRICK (at the request of Mr. this perverse result.’’ Mr. LATTA. Thank you very much, HOYER) for today on account of per- So detested was the Supreme Court’s Mr. Speaker. We appreciate the oppor- sonal reasons. 2005 ruling that the small home that tunity to be here tonight on this Spe- Mr. KIND (at the request of Mr. became the center of the New London cial Order. HOYER) for today on account of busi- land grab has been moved and restored f ness in the district regarding flooding. near the center of town as a constant Mr. MCNULTY (at the request of Mr. GENERAL LEAVE reminder of the town’s injustice. That HOYER) for today and until 3 p.m. on Mr. BROUN of Georgia. I ask unani- small, pink home once represented a June 24 on account of personal reasons. mous consent that all Members have 5 private home, but now it is a symbol of Mr. REYES (at the request of Mr. legislative days to revise and extend the evils of an activist court that dis- HOYER) for today. their remarks on the topics of to- regards our constitutional rights. Mr. BURTON of Indiana (at the re- night’s Special Order speeches. Our Founding Fathers knew that our quest of Mr. BOEHNER) for today on ac- The SPEAKER pro tempore (Mr. liberties were only as secure as our count of flight delays. MURPHY of Connecticut). Is there ob- property rights. Property rights are a Mr. BUYER (at the request of Mr. jection to the request of the gentleman central institution of Western civiliza- BOEHNER) for today on account of flight from Georgia? tion, yet too often our Nation has vio- delays. There was no objection. lated the basic principles of our Found- Mr. GARY G. MILLER of California (at f ing Fathers. Federal, State and local the request of Mr. BOEHNER) for today governments continue to ignore, ne- on account of travel delays. KELO THIRD ANNIVERSARY glect, disparage and even fail to under- Mr. MORAN of Kansas (at the request The SPEAKER pro tempore. Under a stand the importance of property of Mr. BOEHNER) for today on account previous order of the House, the gen- rights. of business in Kansas.

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Mr. PEARCE (at the request of Mr. rule — Treatment of Fees Collected by State 7266. A letter from the Secretary, Depart- BOEHNER) for today on account of offi- Child Support Agencies — received June 20, ment of Education, transmitting the thirty- cial business. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the eighth Semiannual Report to Congress on Committee on Education and Labor. Audit Follow-Up, covering the period Octo- Mr. WELLER of Illinois (at the request 7258. A letter from the Director, Regula- ber 1, 2007 through March 31, 2008 in compli- of Mr. BOEHNER) for today on account tions Policy and Mgmt. Staff, Department of ance with the Inspector General Act Amend- of personal reasons. Health and Human Services, transmitting ments of 1988, pursuant to 5 U.S.C. app. (Insp. f the Department’s final rule — Food Label- Gen. Act) section 5(b); to the Committee on ing: Health Claims; Dietary Noncariogenic Oversight and Government Reform. SPECIAL ORDERS GRANTED Carbohydrates Sweeteners and Dental Caries 7267. A letter from the Assistant Secretary By unanimous consent, permission to [[Docket No. FDA-2006-P-0404] (Formerly for Administration and Management, De- Docket No. 2006P-0487)] received June 13, partment of Labor, transmitting pursuant to address the House, following the legis- 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the lative program and any special orders the provisions of the Federal Activities In- Committee on Energy and Commerce. ventory Reform (FAIR) Act of 1998 (Pub. L. heretofore entered, was granted to: 7259. A letter from the Director, Regu- 105-270), the Department’s 2007 Inventory of (The following Members (at the re- latory Management Division, Environmental Inherently Governmental Activities and In- quest of Ms. WOOLSEY) to revise and ex- Protection Agency, transmitting the Agen- ventory of Commercial Activities; to the tend their remarks and include extra- cy’s final rule — Lead Hazard Information Committee on Oversight and Government Pamphlet; Notice of Availability [EPA-HQ- neous material:) Reform. OPPT-2004-0126; FRL-8358-6] received June 20, 7268. A letter from the Secretary, Depart- Ms. WOOLSEY, for 5 minutes, today. 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. MCDERMOTT, for 5 minutes, ment of the Treasury, transmitting two Committee on Energy and Commerce. Semiannual Reports which were prepared today. 7260. A letter from the Director, Regu- separately by Treasury’s Office of Inspector latory Management Division, Environmental Mr. DEFAZIO, for 5 minutes, today. General (OIG) and the Treasury Inspector Protection Agency, transmitting the Agen- Ms. KAPTUR, for 5 minutes, today. General for Tax Administration (TIGTA) for cy’s final rule — National Emission Stand- Mr. PAYNE, for 5 minutes, today. the period ended March 31, 2008, pursuant to ards for Hazardous Air Pollutants: Area (The following Members (at the re- 5 U.S.C. app. (Insp. Gen. Act), section 5(b); to Source Standards for Plating and Polishing the Committee on Oversight and Govern- quest of Mr. POE) to revise and extend Operations [EPA-HQ-OAR-2005-0084; FRL- ment Reform. their remarks and include extraneous 8581-3] (RIN: 2060-AM37) received June 13, 7269. A letter from the Chair, Equal Em- material:) 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the ployment Opportunity Commission, trans- Mr. BROUN of Georgia, for 5 minutes, Committee on Energy and Commerce. mitting the semiannual report on the activi- today. 7261. A letter from the Deputy Division Chief, SCPD, WTB, Federal Communications ties of the Inspector General and manage- (The following Member (at his re- ment’s report for the period ending March 31, quest) to revise and extend his remarks Commission, transmitting the Commission’s final rule — In the Matter of Amendment of 2008, pursuant to 5 U.S.C. app. (Insp. Gen. and include extraneous material:) the Commission’s Rules Governing Hearing Act), section 5(b); to the Committee on Over- Mr. CULBERSON, for 5 minutes, today. Aid-Compatible Mobile Handsets Petition of sight and Government Reform. 7270. A letter from the Chairman and Presi- f American National Standards Institute Ac- credited Standards Committee C63 (EMC) dent, Export-Import Bank, transmitting the ENROLLED BILL SIGNED ANSI ASC C63 [WT Docket No. 07-250] re- Bank’s semiannual report for the period end- ceived June 20, 2008, pursuant to 5 U.S.C. ing March 31, 2008, in accordance with Sec- Ms. Lorraine C. Miller, Clerk of the tion 5(b) of the Inspector General Act of 1978; House, reported and found truly en- 801(a)(1)(A); to the Committee on Energy and Commerce. to the Committee on Oversight and Govern- rolled a bill of the House of the fol- 7262. A letter from the Director, Office of ment Reform. lowing title, which was thereupon Congressional Affairs, Nuclear Regulatory 7271. A letter from the First Vice President signed by the Speaker: Commission, transmitting the Commission’s and Controller, Federal Home Loan Bank of H.R. 3403. An act to promote and enhance final rule — Regulatory Improvements to the Boston, transmitting the 2007 management public safety by facilitating the rapid de- Nuclear Materials Management and Safe- report and statements of internal controls of ployment of IP-enabled 911 and E–911 serv- guards System [NRC-2007-0002] (RIN: 3150- the Federal Home Loan Bank of Boston, pur- ices, encourage the Nation’s transition to a AH85) received June 11, 2008, pursuant to 5 suant to 31 U.S.C. 9106; to the Committee on national IP-enabled emergency network, and U.S.C. 801(a)(1)(A); to the Committee on En- Oversight and Government Reform. improve 911 and E–911 access to those with ergy and Commerce. 7272. A letter from the Chairman, Inter- disabilities. 7263. A letter from the Acting Assistant national Trade Commission, transmitting in Secretary for Export Administration, De- accordance with Section 645 of Division F, f partment of Commerce, transmitting the De- Title VI, of the Consolidated Appropriations ADJOURNMENT partment’s final rule — Revisions to the Ex- Act, FY 2004, Pub. L. 108-199, the Commis- port Administration Regulations based on sion’s report covering fiscal year 2007; to the Mr. BROUN of Georgia. Mr. Speaker, the 2007 Missile Technology Control Regime Committee on Oversight and Government I move that the House do now adjourn. Plenary Agreements [Docket No. 080208146- Reform. The motion was agreed to; accord- 8148-01] (RIN: 0694-AE23) received June 13, 7273. A letter from the Administrator, Na- ingly (at 9 o’clock and 47 minutes 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the tional Aeronautics and Space Administra- p.m.), under its previous order, the Committee on Foreign Affairs. tion, transmitting pursuant to the provi- sions of the Federal Activities Inventory Re- House adjourned until tomorrow, Tues- 7264. A letter from the Deputy Assistant Secretary for Export Administration, De- form (FAIR) Act of 1998 (Pub. L. 105-270) and day, June 24, 2008, at 9 a.m., for morn- partment of Commerce, transmitting the De- OMB Circular A-76, Performance of Commer- ing-hour debate. partment’s final rule — Expansion of the cial Activities, the Administration’s FY 2007 f Gift Parcel License Exception Regarding inventory of commercial activities per- Cuba to Authorize Mobile Phones and Re- formed by federal employees and inventory EXECUTIVE COMMUNICATIONS, lated Software and Equipment [Docket No. of inherently governmental activities; to the ETC. 080519687-8707-01] (RIN: 0694-AE37) received Committee on Oversight and Government Under clause 8 of rule XII, executive June 13, 2008, pursuant to 5 U.S.C. Reform. 7274. A letter from the Director, Office of communications were taken from the 801(a)(1)(A); to the Committee on Foreign Af- fairs. National Drug Control Policy, transmitting Speaker’s table and referred as follows: 7265. A letter from the Secretary, Depart- a report on the ‘‘Fiscal Year 2007 Accounting 7256. A letter from the Administrator, De- ment of Education, transmitting the fifty- of Drug Control Funds,’’ pursuant to Public partment of Agriculture, transmitting the sixth Semiannual Report to Congress on Law 105-277, section 705(d)(Div. C-Title VII); Department’s final rule — Potatoes; Grade management decisions and final actions to the Committee on Oversight and Govern- Standards [Docket AMS-2006-0136; FV-06-303] taken on audit recommendations, covering ment Reform. received June 20, 2008, pursuant to 5 U.S.C. the period October 1, 2007 through March 31, 7275. A letter from the Senior Associate 801(a)(1)(A); to the Committee on Agri- 2008 in compliance with the Inspector Gen- General Counsel, Office of the Director of culture. eral Act Amendments of 1988, pursuant to 5 National Intelligence, transmitting a report 7257. A letter from the Administrator, Of- U.S.C. app. (Insp. Gen. Act) section 5(b); to pursuant to the Federal Vacancies Reform fice of Workforce Security, Department of the Committee on Oversight and Govern- Act of 1998; to the Committee on Oversight Labor, transmitting the Department’s final ment Reform. and Government Reform.

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7276. A letter from the Director, Peace Byrne Memorial Justice Assistance Grant Iowa, Mr. LATTA, Mr. DAVID DAVIS of Corps, transmitting the semiannual report Program at fiscal year 2006 levels through Tennessee, Mr. GARRETT of New Jer- on the activities of the Office of Inspector 2012 (Rept. 110–729). Referred to the Com- sey, Mr. SULLIVAN, Mr. WAMP, Mr. General for the period October 1, 2007 mittee of the Whole House on the State of ROGERS of Kentucky, Mr. ALEX- through March 31, 2008, pursuant to 5 U.S.C. the Union. ANDER, Mr. GALLEGLY, Mr. PAUL, Mr. app. (Insp. Gen. Act), section 5(b); to the Mr. GEORGE MILLER of California: Com- SOUDER, and Mr. CALVERT): Committee on Oversight and Government mittee on Education and Labor. H.R. 3195. A H.R. 6348. A bill to amend the Internal Rev- Reform. bill to restore the intent and protections of enue Code of 1986 to exclude from gross in- 7277. A letter from the Secretary and Di- the Americans with Disabilities Act of 1990; come gain from the conversion of property rector, Postal Regulatory Commission, with an amendment (Rept. 110–730 Pt. 1). Or- by reason of eminent domain; to the Com- transmitting a report pursuant to the Fed- dered to be printed. mittee on Ways and Means. eral Vacancies Reform Act of 1998; to the Mr. CONYERS: Committee on the Judici- By Mr. MARSHALL: Committee on Oversight and Government ary. H.R. 3195. A bill to restore the intent H.R. 6349. A bill to provide energy price re- Reform. and protections of the Americans with Dis- lief by authorizing greater resources and au- 7278. A letter from the Acting Director Of- abilities Act of 1990; with an amendment thority for the Commodity Futures Trading fice of Sustainable Fisheries, NMFS, Na- (Rept. 110–730 Pt. 2). Ordered to be printed. Commission, and for other purposes; to the tional Oceanic and Atmospheric Administra- DISCHARGE OF COMMITTEE Committee on Agriculture. tion, transmitting the Administration’s final Pursuant to clause 2 of rule XII, the By Mr. SCHIFF (for himself and Mr. rule — Fisheries of the Exclusive Economic ROGERS of Michigan): Zone Off Alaska; Pacific Ocean Perch in the Committees on Transportation and In- Bering Sea and Aleutian Islands Manage- frastructure and Energy and Commerce H.R. 6350. A bill to extend the pilot pro- ment Area [Docket No. 071106673-8011-02] discharged from further consideration. gram for volunteer groups to obtain criminal (RIN: 0648-XH33) received June 20, 2008, pur- H.R. 3195 referred to the Committee of history background checks; to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Whole House on the State of the mittee on the Judiciary. mittee on Natural Resources. Union and ordered to be printed. By Mr. SPACE (for himself and Mr. 7279. A letter from the Deputy Assistant CHILDERS): f Administrator For Regulatory Programs, H.R. 6351. A bill to amend the Public NMFS, National Oceanic and Atmospheric PUBLIC BILLS AND RESOLUTIONS Health Service Act to reauthorize the Na- Administration, transmitting the Adminis- tional Health Service Corps Program, and for tration’s final rule — Fisheries of the North- Under clause 2 of rule XII, public other purposes; to the Committee on Energy eastern United States; Atlantic Sea Scallop bills and resolutions were introduced and Commerce, and in addition to the Com- Fishery; Framework Adjustment 19 [Docket and severally referred, as follows: mittee on Ways and Means, for a period to be No. 070817467-8554-02] (RIN: 0648-AV90) re- By Mr. DELAHUNT (for himself, Mr. subsequently determined by the Speaker, in ceived June 13, 2008, pursuant to 5 U.S.C. PENCE, Mr. CONYERS, Mr. each case for consideration of such provi- 801(a)(1)(A); to the Committee on Natural HENSARLING, Mr. DUNCAN, Mrs. JONES sions as fall within the jurisdiction of the Resources. of Ohio, Mrs. CHRISTENSEN, and Mr. committee concerned. 7280. A letter from the Administrator, GALLEGLY): By Mr. BROUN of Georgia: FEMA, Department of Homeland Security, H.R. 6344. A bill to provide emergency au- H.J. Res. 94. A joint resolution whereas transmitting notification that funding under thority to delay or toll judicial proceedings there is no greater expression of freedom and Title V, subsection 503(b)(3) of the Robert T. in United States district and circuit courts, liberty than the defense of the God-given Stafford Disaster Relief and Emergency As- and for other purposes; to the Committee on right of an individual to hold, possess, and sistance Act, as amended, has exceeded $5 the Judiciary. considered and passed. use private property; to the Committee on million for the cost of response and recovery By Mr. BOUSTANY: the Judiciary. efforts for FEMA-3285-EM in the State of H.R. 6345. A bill to establish a demonstra- By Mr. MARKEY (for himself, Mr. Wisconsin, pursuant to 42 U.S.C. 5193; to the tion program to provide financial incentives CAPUANO, Mr. LYNCH, Mr. NEAL of Committee on Transportation and Infra- to encourage the adoption and use of inter- Massachusetts, Mr. MCGOVERN, Mr. structure. active personal health records and to encour- FRANK of Massachusetts, Mr. OLVER, 7281. A letter from the Secretary, Depart- age health information exchange networks Mr. DELAHUNT, Ms. TSONGAS, Mr. ment of Transportation, transmitting the to link clinical data to such personal health TIERNEY, and Mr. JOHNSON of Illi- Department’s annual report on recommenda- records; to the Committee on Energy and nois): tions made by the Intelligent Transportation Commerce, and in addition to the Committee H. Con. Res. 376. Concurrent resolution Systems Program Advisory Committee, pur- on Ways and Means, for a period to be subse- congratulating the 2007-2008 National Bas- suant to Public Law 109-59, section 5305(h)(4); quently determined by the Speaker, in each ketball Association World Champions, the to the Committee on Transportation and In- case for consideration of such provisions as Boston Celtics, on an outstanding and his- frastructure. fall within the jurisdiction of the committee toric season; to the Committee on Oversight 7282. A letter from the Assistant Secretary concerned. and Government Reform. of the Army for Civil Works, Department of By Mr. STUPAK: By Mr. SKELTON: Defense, transmitting the Department’s fea- H.R. 6346. A bill to protect consumers from sibility report for hurricane and storm dam- price-gouging of gasoline and other fuels, H. Con. Res. 377. Concurrent resolution au- age reduction for Port Monmouth, Middle- and for other purposes; to the Committee on thorizing the use of the rotunda of the Cap- town Township, Monmouth County, New Jer- Energy and Commerce, and in addition to itol for a ceremony commemorating the 60th sey; to the Committee on Transportation the Committee on Education and Labor, for Anniversary of the beginning of the integra- and Infrastructure. a period to be subsequently determined by tion of the United States Armed Forces; to 7283. A letter from the Acting Assistant the Speaker, in each case for consideration the Committee on House Administration. Administrator for Procurement, National of such provisions as fall within the jurisdic- By Ms. SCHWARTZ (for herself and Mr. Aeronautics and Space Administration, tion of the committee concerned. SAM JOHNSON of Texas): transmitting the Administration’s final rule By Ms. CORRINE BROWN of Florida H. Res. 1294. A resolution supporting the — NASA Grant and Cooperative Agreement (for herself, Mr. MICA, and Mr. GON- goals and ideals of National Save for Retire- Handbook — C.A.S.E. Reporting and Prop- ZALEZ): ment Week; to the Committee on Ways and erty Delegations (RIN: 2700-AD40) received H.R. 6347. A bill to facilitate the use of Means. June 13, 2008, pursuant to 5 U.S.C. HOPE VI grant amounts by certain public By Ms. SCHAKOWSKY (for herself and 801(a)(1)(A); to the Committee on Science housing agencies that have suffered project Ms. FALLIN): and Technology. delays due to catastrophes or emergencies; H. Res. 1295. A resolution recognizing and f to the Committee on Financial Services. commemorating the efforts and contribu- By Mr. GINGREY (for himself, Mr. tions of outstanding female veterans of the REPORTS OF COMMITTEES ON HUNTER, Mr. LINDER, Mr. WESTMORE- Armed Forces, and the vital roles women PUBLIC BILLS AND RESOLUTIONS LAND, Mr. PRICE of Georgia, Mr. play today as servicemembers in the defense Under clause 2 of rule XIII, reports of BROUN of Georgia, Mrs. DRAKE, Ms. of the Nation; to the Committee on Vet- committees were delivered to the Clerk FALLIN, Mr. FEENEY, Mr. MARCHANT, erans’ Affairs, and in addition to the Com- Mr. KLINE of Minnesota, Mr. SHAD- mittee on Armed Services, for a period to be for printing and reference to the proper EGG, Mr. GOHMERT, Mr. DAVIS of Ken- subsequently determined by the Speaker, in calendar, as follows: tucky, Mrs. BACHMANN, Mr. PITTS, each case for consideration of such provi- Mr. CONYERS: Committee on the Judici- Mr. BARTLETT of Maryland, Mr. sions as fall within the jurisdiction of the ary. H.R. 3546. A bill to authorize the Edward PENCE, Mr. HENSARLING, Mr. KING of committee concerned.

VerDate Mar 15 2010 08:14 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR08\H23JN8.002 H23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 10 13403 ADDITIONAL SPONSORS H.R. 6087: Mr. TERRY. sylvania, Mr. POMEROY, Mr. BLUMENAUER, H.R. 6107: Mr. MORAN of Kansas, Mrs. Ms. HIRONO, Mr. LARSON of Connecticut, Mr. Under clause 7 of rule XII, sponsors MUSGRAVE, and Mr. HENSARLING. CROWLEY, Mr. STARK, Mr. BRADY of Pennsyl- were added to public bills and resolu- H.R. 6127: Mr. SIRES, Mr. FRANK of Massa- vania, and Mr. TAYLOR. tions as follows: chusetts, and Mr. WELCH of Vermont. H.R. 6309: Ms. VELA´ ZQUEZ, Mrs. MALONEY of H.R. 594: Mr. UDALL of Colorado, Mr. VIS- H.R. 6129: Mr. FERGUSON. New York, and Mr. MEEKS of New York. CLOSKY, Ms. SLAUGHTER, and Mr. GALLEGLY. H.R. 6137: Mr. CULBERSON. H.R. 6312: Mr. ROSKAM. H.R. 643: Mr. CAZAYOUX, Mr. CUMMINGS and H.R. 6151: Mr. DOGGETT. H.R. 6315: Mr. KIRK. Mr. PETERSON of Minnesota. H.R. 6184: Mr. SESTAK. H.R. 6330: Mr. LATOURETTE, Mr. LIPINSKI, H.R. 820: Mr. GORDON. H.R. 6195: Mr. BRADY of Pennsylvanian, Mr. Mr. HALL of New York, Mr. OBERSTAR, and H.R. 871: Mr. MOORE of Kansas. SESTAK, Mr. CARNEY, Mr. CAPUANO, and Mr. Ms. CASTOR. H.R. 932: Mr. CARSON. HOLDEN. H.R. 6334: Mr. BUTTERFIELD, Mr. H.R. 1078: Ms. HERSETH SANDLIN. H.R. 6199: Mr. HIGGINS, Mr. ACKERMAN, Mr. MELANCON, and Mr. MATHESON. H.R. 1108: Mr. KANJORSKI. FOSSELLA, Mr. MCNULTY, Mr. ARCURI, Mr. H.J. Res. 39: Mr. PLATTS. H.R. 1185: Mr. SERRANO. TOWNS, and Mr. MEEKS of New York. H.J. Res. 85: Ms. WOOLSEY and Ms. BERK- H.R. 1283: Mr. SALAZAR. H.R. 6207: Mr. GOODE. LEY. H.R. 1321: Mr. FRELINGHUYSEN. H.R. 6220: Mr. PAUL and Mr. BURTON of In- H.J. Res. 89: Mr. KLINE of Minnesota. H.R. 1386: Mr. KLEIN of Florida. diana. H. Con. Res. 195: Mr. LEVIN. H.R. 1507: Ms. LEE. H.R. 6230: Mr. CASTLE. H. Con. Res. 253: Mr. ABERCROMBIE, Mr. H.R. 1621: Mrs. MUSGRAVE and Mr. KING of H.R. 6251: Mrs. LOWEY, Mr. LEVIN, Mr. BERMAN, Ms. CASTOR, and Mr. FILNER. New York. HILL, Mr. DINGELL, Mr. COSTELLO, Mr. H. Con. Res. 315: Mr. MCHUGH and Mr. H.R. 1665: Mr. DEFAZIO. MITCHELL, Mr. RYAN of Ohio, Mr. WALZ of BONNER. H.R. 1820: Ms. MCCOLLUM of Minnesota. Minnesota, Mrs. MCCARTHY of New York, H. Con. Res. 341: Mr. HOEKSTRA, Mr. TAN- H.R. 2164: Ms. SUTTON. Mrs. BOYDA of Kansas, Mr. SESTAK, Mr. NER, Mr. LEWIS of Georgia, Mr. SHULER, Mr. H.R. 2472: Mr. DOYLE and Mr. GENE GREEN CHANDLER, Mr. MCNULTY, and Mr. THOMPSON BOREN, Mr. HODES, and Mr. YOUNG of Alaska. of Texas. of California. H. Con. Res. 342: Mr. GONZALEZ, Mr. H.R. 2552: Mr. HONDA and Mr. BRADY of H.R. 6252: Mr. ABERCROMBIE, Mr. ACKER- LAHOOD, and Mr. BACHUS. Pennsylvania. MAN, Mr. ADERHOLT, Mr. ANDREWS, Mr. BACA, H. Con. Res. 367: Mr. SESSIONS and Mr. WIL- H.R. 2712: Mr. BOEHNER and Mr. BLUNT. Mr. BARROW, Mr. BILBRAY, Mr. BILIRAKIS, Mr. SON of South Carolina. H.R. 2721: Mr. MAHONEY of Florida. BISHOP of Georgia, Mrs. BONO MACK, Mr. H. Res. 925: Mr. TIM MURPHY of Pennsyl- H.R. 2880: Mr. HENSARLING. BOUCHER, Mr. BRALEY of Iowa, Ms. CORRINE vania. H.R. 2911: Mr. WAXMAN. BROWN of Florida, Mr. CHABOT, Mr. CHAN- H. Res. 1008: Mr. TIBERI. H.R. 2994: Mr. DAVID DAVIS of Tennessee. DLER, Mr. CROWLEY, Mr. CUMMINGS, Mr. H. Res. 1090: Mr. WU, Mr. CHABOT, Ms. H.R. 3098: Mr. ENGLISH of Pennsylvania. DAVIS of Alabama, Mr. DAVIS of Illinois, Mr. WOOLSEY, Mr. ROYCE, and Mr. ENGEL. H.R. 3116: Mr. CARSON. DAVID DAVIS of Tennessee, Ms. DEGETTE, Mr. H. Res. 1179: Mr. INGLIS of South Carolina. H.R. 3195: Mrs. GILLIBRAND. DOYLE, Mrs. DRAKE, Mr. ENGEL, Mr. H. Res. 1202: Mr. BLUMENAUER. H.R. 3234: Mr. CALVERT. ETHERIDGE, Mr. FARR, Mr. Fortun˜ o, Mr. H. Res. 1217: Mr. BLUMENAUER. H.R. 3267: Ms. MCCOLLUM of Minnesota. FOSSELLA, Mr. GOODE, Mr. GORDON, Mr. H. Res. 1231: Mr. TIM MURPHY of Pennsyl- H.R. 3289: Mr. DINGELL. HASTINGS of Florida, Mr. HAYES, Mr. HIG- vania, Mr. BOREN, Ms. EDDIE BERNICE JOHN- H.R. 3334: Mrs. MCMORRIS RODGERS. GINS, Mr. HOBSON, Mr. HOEKSTRA, Mr. ISRAEL, SON of Texas, and Mr. AL GREEN of Texas. H.R. 3347: Mr. PETERSON of Minnesota. Mr. JOHNSON of Georgia, Mr. KANJORSKI, Ms. H. Res. 1266: Mr. SESTAK, Mr. COHEN, Mr. H.R. 3457: Mr. SALI. KAPTUR, Mr. KING of New York, Mr. KUHL of MCNULTY, Mr. PAYNE, and Mr. WEXLER. H.R. 3546: Mr. BOREN. New York, Mr. MARCHANT, Mr. MEEK of Flor- H. Res. 1271: Mr. MILLER of North Carolina. H.R. 3650: Mr. CARNEY. ida, Mr. MICHAUD, Mr. MORAN of Kansas, Mr. H. Res. 1273: Mr. KIND. H.R. 3769: Mr. CARDOZA. TIM MURPHY of Pennsylvania, Mr. NADLER, H. Res. 1279: Mr. COHEN, Mr. KING of New H.R. 3874: Mr. BOREN. Mr. PRICE of Georgia, Mr. REGULA, Mr. ROG- York, Mr. REICHERT, Mr. HASTINGS of Flor- H.R. 3934: Mr. GENE GREEN of Texas and ERS of Albama, Mr. ROSS, Mrs. SCHMIDT, Mr. ida, Mr. DICKS, and Mr. WEXLER. Mrs. BACHMANN. SESSIONS, Mr. SESTAK, Mr. SHULER, Mr. H. Res. 1283: Mr. LOEBSACK and Mr. POE. H.R. 4099: Mr. PORTER. SPRATT, Ms. SUTTON, Mrs. TAUSCHER, Mr. H. Res. 1291: Mr. BECERRA, Mr. BACA, Mrs. H.R. 4105: Mr. HODES. TIBERI, Ms. VELA´ ZQUEZ, Mr. VISCLOSKY, Ms. NAPOLITANO, Mr. SALAZAR, and Mr. REYES. H.R. 4236: Ms. BERKLEY and Mr. CLEAVER. WATSON, Mr. WILSON of South Carolina, and H. Res. 1293: Ms. LEE, Mr. GRIJALVA, Ms. H.R. 4544: Ms. EDDIE BERNICE JOHNSON of Mr. WITTMAN of Virginia. SCHAKOWSKY, Mr. KUCINICH, Mr. HOLT, Mr. Texas, Mr. MICHAUD, Mr. RYAN of Ohio, Ms. H.R. 6253: Mr. ROGERS of Alabama. VAN HOLLEN, Ms. MATSUI, and Ms. KIL- SUTTON, Ms. CORRINE BROWN of Florida, and H.R. 6256: Mr. HALL of New York, Mr. WALZ PATRICK. Mr. BOUSTANY. of Minnesota, Ms. HOOLEY, Mr. FARR, Mr. f H.R. 4930: Mr. CARTER, Mr. SCHIFF, and Mr. SESTAK, and Mr. LANGEVIN. STUPAK. H.R. 6274: Mr. HAYES and Mr. CHABOT. DELETION OF SPONSORS FROM H.R. 5131: Mr. TIM MURPHY of Pennsyl- H.R. 6278: Mr. MORAN of Virginia. PUBLIC BILLS AND RESOLUTIONS vania. H.R. 6286: Mr. HERGER, Mr. WAXMAN, Mrs. Under clause 7 of rule XII, sponsors H.R. 5265: Mrs. MALONEY of New York. TAUSCHER, Mr. BERMAN, Ms. ZOE LOFGREN of H.R. 5425: Mr. SALI. California, Mr. CARDOZA, Ms. LINDA T. were deleted from public bills and reso- H.R. 5454: Mr. THOMPSON of Mississippi. SA´ NCHEZ of California, Ms. MATSUI, Mrs. lutions as follows: H.R. 5484: Ms. TSONGAS. CAPPS, Mrs. NAPOLITANO, Mr. BECERRA, Mr. H.R. 6041: Mr. POE. H.R. 5507: Mr. MCGOVERN. FILNER, Mr. ROHRABACHER, Mr. CALVERT, Ms. f H.R. 5564: Mr. CHILDERS and Mr. FILNER. WOOLSEY, Ms. SOLIS, Mrs. BONO MACK, Mr. H.R. 5575: Mr. DOGGETT and Mrs. MALONEY ISSA, Mr. HONDA, Mr. FARR, Mr. BACA, Ms. DISCHARGE PETITION of New York. HARMAN, Ms. LEE, Ms. ESHOO, Mr. GALLEGLY, Under clause 2 of rule XV, the fol- H.R. 5606: Mr. BOYD of Florida and Ms. Mr. BILBRAY, Mr. COSTA, Mr. SCHIFF, Ms. lowing discharge petition was filed: LINDA T. SA´ NCHEZ of California. PELOSI, Mr. THOMPSON of California, Mr. H.R. 5611: Mr. MORAN of Kansas. MCKEON, Mr. GARY G. MILLER of California, (Omitted from the Record of June 20, 2008) H.R. 5656: Mr. SOUDER, Mr. BROWN of South Ms. ROYBAL-ALLARD, Mr. SHERMAN, Mr. Petition 9, June 18, 2008, by Mr. PHIL Carolina, and Mr. MANZULLO. RADANOVICH, Mr. LEWIS of California, Ms. ENGLISH on H.R. 2279, was signed by the fol- H.R. 5709: Mr. SESTAK, Mr. SHAYS, and Mr. LORETTA SANCHEZ of California, Ms. SPEIER, lowing Members: Phil English, Todd Tiahrt, PASCRELL. Ms. RICHARDSON, Ms. WATERS, Mr. Daniel E. Lungren, Bob Goodlatte, Tim H.R. 5793: Mr. PALLONE. MCNERNEY, Mr. STARK, Ms. WATSON, Mrs. Walberg, Devin Nunes, Dennis R. Rehberg, H.R. 5821: Mr. HERGER. Davis of California, and Mr. CAMPBELL of Joseph R. Pitts, Gus M. Bilirakis, Bill Sali, H.R. 5825: Mr. CHILDERS. California. Peter J. Roskam, Mac Thornberry, John T. H.R. 5882: Ms. MATSUI. H.R. 6298: Mr. WOLF. Doolittle, Kay Granger, K. Michael Conaway, H.R. 5894: Mr. WEXLER. H.R. 6307: Mr. LEWIS of Georgia, Mr. POR- Charles W. Boustany, Jr., J. Randy Forbes, H.R. 5921: Ms. MATSUI. TER, Mrs. JONES of Ohio, Mr. TIBERI, Mr. VAN Kevin Brady, Howard P. ‘‘Buck’’ McKeon, H.R. 5950: Mr. SIRES and Ms. LINDA T. HOLLEN, Ms. BERKLEY, Mr. DAVIS of Ala- Todd Russell Platts, Thomas G. Tancredo, SA´ NCHEZ of California. bama, Mr. COOPER, Mr. FATTAH, Mr. DAVIS of Jean Schmidt, Paul C. Broun, Jim Jordan, H.R. 6017: Mr. LEVIN. Illinois, Ms. SOLIS, Mr. BECERRA, Mr. GEORGE Rodney P. Frelinghuysen, Frank D. Lucas, H.R. 6039: Mr. DELAHUNT. MILLER of California, Mr. ENGLISH of Penn- Edward R. Royce, Thomas M. Reynolds,

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HONORING MASON SMOAK Harre’s leadership and service will be held at and successful career after narrowly escaping Strongbow Inn Restaurant in Valparaiso, Indi- Nazi Germany. HON. TIM MAHONEY ana, on Thursday, June 26, 2008. A German Jew born shortly after the end of OF FLORIDA Dr. Alan Harre has spent his professional World War I, Irving Klothen barely avoided de- IN THE HOUSE OF REPRESENTATIVES career improving the quality of life at portation by the Nazis when he and his par- Valparaiso University. Dr. Harre’s Strategic ents fled their native Berlin in 1941. Mr. Monday, June 23, 2008 Plan set goals for the university in every as- Klothen displayed his strong work ethic and Mr. MAHONEY of Florida. Madam Speaker, pect of campus life. During his tenure, the uni- his resolve to make the most of his abilities as I rise today to pay my deepest condolence to versity has built several new facilities, includ- he simultaneously completed his secondary the Smoak family and to honor the passing of ing: the Center for the Arts, Kallay-Christopher education at night school and worked full time a great American and close friend. Mason Hall, the Christopher Center for Library Infor- for a picture-framing company. Smoak was an outstanding human being, mation and Resources, and has broken In 1943, Mr. Klothen entered the U.S. Army whose bravery and character left lasting im- ground for a new student union. Valparaiso and his service included guarding German pressions on all who knew him. This kind gen- University has also ranked within the top four POWs in France, where he met the love of his tleman exemplified the meaning of leadership. in its class in U.S. News and World Report’s life, Miriam Frank. He and Miriam, another Mason was loved by all in his community, a rankings of America’s Best Colleges under Jewish refugee from Berlin, married in 1944. lifelong resident of Lake Placid, Florida who Harre’s leadership. Dr. Harre also contributed Following the war, Mr. Klothen graduated dedicated his life to his wife, children, and to the development of three new Master of from New York University with a degree in church, as well as the University of Florida his Science programs and established a chemical engineering and would receive sev- alma mater. Unfortunately, Mason passed Valparaiso University Phi Beta Kappa honor eral patents for his work with animal-feed ad- away on Friday, June 20, 2008 at the age of society chapter. Perhaps Dr. Harre’s greatest ditives. His expertise led to business trips that 33. on-campus achievement is the increasing of turned into family vacations with his son and His accomplishments within the agricultural the endowment fund from $37 million to over wife across the globe. As an employee of community will serve as inspiration and guid- $200 million. American Cyanamid Co, he traveled to Eu- ance for aspiring citrus growers. Mason pro- During his time at Valparaiso University, rope, Latin America and Asia. moted awareness of agriculture and citrus Alan has shared his unrivaled expertise and Mr. Klothen, a loving father of his son Ken issues in both Washington and Tallahassee, knowledge of his field with local organizations. and loving grandfather of Erich and Rebecca, often testifying at the request of elected offi- Alan has served two terms on the Board for never forgot his roots and the family he left cials. He enjoyed fruitful partnerships with UF/ the Greater Valparaiso Chamber of Commerce behind to move to the United States. In 1989, IFAS and served the community as the current and was named Distinguished Community he visited the Berlin Jewish School, which he President of the Highlands County Citrus Leader by the Chamber in 1998. He was a attended more than four decades earlier. He Growers. He was also the Chairman of the founding member of the Porter County Com- committed to assisting the new German Jew- Heartland Agricultural Coalition, a Board Mem- munity Foundation and a co-founder of the ish community through work at the now-Jew- ber of the Highlands County Habitat for Hu- non-profit group Rebuilding Together. Alan ish High School of Berlin. Even last year, he manity and Florida Citrus Mutual’s Federal Po- also has served as the Chairman of the Qual- funded a program to allow teachers from that litical Action Committee, and Past President of ity of Life Council, and in 2007, received the institution to visit Jewish schools in the United Highlands County Farm Bureau and the Flor- Council’s Lifetime Achievement Award. Dr. States. ida Farm Bureau Young Farmers and Ranch- Harre and his wife, Diane, are also creating Madam Speaker, I ask you to join me in ers. the Alan and Diane Harre Scholarship Fund paying tribute to Irving Klothen. Through his Florida will miss Mason’s dedication and for Valparaiso University. beautiful family, and his contributions to Jew- dogged determination to Florida citrus. Madam Madam Speaker, Dr. Alan Harre has de- ish communities in America and Germany, he Speaker, I will miss Mason as a true friend. voted his life to improving Valparaiso Univer- has left a lasting contribution that we can all f sity and to serving the people of Northwest In- admire. diana. At this time, I ask that you and all of my DR. ALAN HARRE distinguished colleagues join me in com- f mending him for his lifetime of service, perse- HON. PETER J. VISCLOSKY verance, and dedication. I also ask that you NAACP PICKS YOUNGEST LEADER OF INDIANA join me in wishing him the best of health and EVER, JEALOUS AT THE HELM IN THE HOUSE OF REPRESENTATIVES happiness in the years to come. Monday, June 23, 2008 f HON. CHARLES B. RANGEL Mr. VISCLOSKY. Madam Speaker, it is with IRVING KLOTHEN OF NEW YORK great admiration and gratitude that I stand be- IN THE HOUSE OF REPRESENTATIVES fore you today to recognize the many years of HON. JOE SESTAK Monday, June 23, 2008 dedicated service of Dr. Alan Harre. Having OF PENNSYLVANIA Mr. RANGEL. Madam Speaker, I rise today known Alan for many years, I can truly say IN THE HOUSE OF REPRESENTATIVES that he is one of the most committed, knowl- in recognition of Ben Jealous, the new presi- edgeable, and honorable citizens in Northwest Monday, June 23, 2008 dent of the National Association for the Ad- Indiana. Nowhere has his knowledge and Mr. SESTAK. Madam Speaker, I rise today vancement of Colored People, NAACP, and to commitment been more evident than in his to recognize and honor the life of a husband, enter into the RECORD an article from the New faithful service as President of Valparaiso Uni- father, grandfather, and Veteran, who, through York Carib News for the week ending June 3, versity. Alan has served Valparaiso University hard work and determination, fulfilled the 2008 titled ‘‘NAACP Picks Youngest Leader with two decades of dedicated leadership, and American dream. Irving Klothen, who passed Ever.’’ he has been a constant fixture in the away on Thursday, June 12, at age 84, be- The NAACP was founded in 1909 by an Valparaiso community. For his efforts, I would lieved strongly in the principles of democracy interracial coalition that battled segregation like to thank him and extend my best wishes and took full advantage of his opportunities in and lynching and helped win some of the Na- for his retirement. A celebration honoring Dr. the United States, building a prosperous family tion’s biggest civil rights victories. The mission

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13406 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 June 23, 2008 of the National Association for the Advance- He succeeds Bruce Gordon, who resigned IN HONOR OF CELEBRATING 80TH ment of Colored People is to ensure the polit- abruptly in March 2007 after serving just 19 BIRTHDAY OF GERALD (JERRY) ical, educational, social, and economic equal- months. It has been public knowledge for KOPEL AND 56TH ANNIVERSARY ity of rights of all persons and to eliminate ra- some time that he has had a number of OF JERRY AND DOLORES KOPEL cial hatred and racial discrimination. bruising clashes with board members over With a background in communication, com- management style and the NAACP’s mission. Dennis Courtland Hayes had been serving as HON. DIANA DeGETTE munity activism and extensive civil rights ex- OF COLORADO perience, Ben Jealous has strong credentials interim president and chief executive officer since that time. IN THE HOUSE OF REPRESENTATIVES for leadership of the NAACP. Ben, who will Monday, June 23, 2008 start his position September 1, is a former Jealous was born in Pacific Grove, Calif., managing editor of Mississippi’s historic Jack- and educated at Columbia University and Ms. DEGETTE. Madam Speaker, I rise to son Advocate. In 2000, he became executive Oxford University, where he was a Rhodes recognize a dual celebration for two distin- director of the National Newspaper Publishers Scholar. He began his professional life in 1991 guished members of the First Congressional Association, NNPA, the Black press of Amer- with the NAACP, where he worked as a com- District. This week the Kopel family of Denver ica. He left NNPA after three years to become munity organizer with the Legal Defense celebrates the 80th Birthday of Gerald (Jerry) director of Amnesty International’s U.S. Fund working on issues of health care access Kopel and the 56th Anniversary of the mar- in Harlem. His family boasts five genera- Human Rights Program. He comes to the riage between Jerry and Dolores Kopel. tions of NAACP membership. Jerry and Dolores have led an interesting NAACP from the San Francisco-based Rosen- and engaged life together, balancing careers berg Foundation, where he has served as During the mid 1990s, Jealous was man- aging editor of the Jackson Advocate, Mis- in journalism, law, politics, and policy. They president since 2005. were the original ‘‘power couple’’ long before Among his plans for the organization are sissippi’s oldest black newspaper. From 1999 dual careers were more outwardly prevalent strengthening online presence to connect with to 2002, Jealous led the country’s largest and socially acceptable. What is truly admi- activists, mobilize public opinion, and build a group of Black community newspapers as ex- rable is the Kopels managed to pursue these database for tracking racial discrimination and ecutive director of the National Newspaper Publishers Association. accomplishments while raising a family and hate crimes. His agenda includes ensuring a contributing to the broader well-being of our high voter turnout among the Black community Jealous left the Publishers Association for Amnesty International to direct its U.S. community. in the November election, pushing an aggres- Dolores and Jerry met at the University of sive stance on civil rights, and retooling the Human Rights Program, for which he suc- cessfully lobbied for federal legislation Colorado when Jerry was city editor of the Sil- national office to make it more effective at ver and Gold newspaper and Dolores was a helping local branches effect change in their against prison rape, public disapproval of ra- cial profiling after Sept. 11, and exposure of reporter. Jerry graduated from the University communities. and Dolores transferred to the University of As a young Black activist, he is poised to at- widespread sentencing of children to life in prison without the possibility of parole. Denver College of Law. They married at the tract young African Americans who have criti- end of her first year of law school, while Jerry cized the NAACP for being out of step with Since 2005, Jealous has served as president was working for the Rocky Mountain News. people who still face racial discrimination after of the Rosenberg Foundation, a private insti- Dolores graduated from law school cum the demise of legalized segregation. Ben Jeal- tution that supports civil and human rights laude in June 1954. Jerry enrolled in law ous has the smarts, talent, and leadership ex- advocacy. His experiences caught the atten- school in January 1955 but continued for a perience to modernize the organization and tion of the NAACP’s search committee, and while to pull night shifts at the Rocky Mountain lead it into the 21st century better able to con- Jealous said mentors encouraged him to News as a copy editor. In 1958, Jerry grad- take the job. tinue its historic record of achievement on be- uated cum laude from the University of Den- half of the Black community. ‘‘Like all black people in this country. I ver. The Kopels had the unique experience of [From the NY Carib News, June 3, 2008] am deeply grateful for what the NAACP has practicing law together until 1979, when Dolo- NAACP PICKS YOUNGEST LEADER EVER accomplished in the 20th century, and I want res was appointed U.S. Trustee for the District The 64-member Board of the National Asso- to make sure it’s as strong and as powerful of Colorado and Kansas. ciation for the Advancement of Colored Peo- in the 21st century,’’ he said. ‘‘If I thought As part of his life-long dedication to giving ple (NAACP), the nation’s largest civil rights that I could help rebuild, if I thought that I back to the community and preparing the next organization, decided that it was time to in- could help bring in more funds and give di- generation for careers in law, Jerry directed a vest in the youth when it announced the de- rection to the national staff and increase review course for law students preparing for cision that 35-year old Ben Jealous will be- morale, I needed to take it very seriously, the Colorado bar exam from 1958 through come the organization’s President making and that’s what I’ve done.’’ 1985. him the youngest leader in its 99-year his- The NAACP was founded in 1909 by an In 1964, Jerry combined his background in tory. He will take the helm of the NAACP interracial coalition that battled segrega- this September. journalism and his law degree to become an ‘‘I’m excited. I think that it’s a real affir- tion and lynching and helped win some of the influential member of the Democratic Party. mation that this organization is willing to nation’s biggest civil rights victories. But in He served as State representative for a total invest in the future, to invest in the ideas the wake of racial advances, the organiza- of 22 years, spanning 2 decades. and the leadership of the generation that is tion has struggled financially. Jerry was known as the consummate legis- currently raising Black children in this Among his plans for the group are lator, reading every bill and every amendment country, Jealous said after his confirmation. strengthening its online presence to connect that came before the House chamber. He suc- Jealous is not a politician, minister or with activists, mobilize public opinion and cessfully carried 110 bills as chief sponsor, in- civil rights icon. His background is in com- build a database for tracking racial discrimi- cluding the Nation’s first sunset law. munications and community activism. It is Jerry’s 22 years in the State Legislature and hoped that Jealous will provide the NAACP nation and hate crimes; ensuring high voter with a new youthful face in order to attract turnout among Blacks in the November elec- his extensive involvement in community issues more young people to the organization’s tion; pushing an aggressive civil rights agen- and Colorado politics are encapsulated in ranks. He will bring another invaluable da, regardless of the makeup of the Congress ‘‘The Gerald Kopel Papers’’, which are housed asset—a young but connected chief familiar or White House; and retooling the national in the Denver Public Library’s Western History with Black leadership and social justice office to make it more effective at helping Collection. The papers are perhaps the most issues. He takes the helm as the NAACP’s local branches affect change in their commu- extensive archive of the public career of any 17th President just months before the orga- nities. American state legislator from the 20th cen- nization’s centennial anniversary and as the What Jealous lacks in oratorical appeal, he tury. group looks to boost its coffers. makes up for as an administrator skills he After retiring from the Legislature in 1992, ‘‘There are a small number of groups to Jerry continued to produce a printed news- whom all Black people in this country owe a honed during his tenure with the Publishers debt of gratitude, and the NAACP is one of Association. And his foundation experience letter, titled ‘‘Jerry Kopel’s Report’’ until 1998. them.’’ Jealous said. ‘‘There is work that is could help with fundraising especially as the However, for many years, Jerry prepared undone. . . . The need continues and our NAACP looks to raise $100 million in con- weekly reports for House Democrats and sug- children continue to be at great risk in this junction with its 100th anniversary in Feb- gested amendments to bills being debated on country.’’ ruary. the House floor.

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 13407 Since retirement, Jerry has returned to jour- pertise to the volunteer sector. His time with lenge in American education, guiding the insti- nalism. He writes a weekly column for the Col- the Jewish War Veterans of the United States tution through a strategic planning process to orado Statesman and other newspapers and has proved to be as rewarding as his time in affirm and interpret its ambitious aims and in- has joined the technological age with an ex- the Air Force. Over his 17 years of member- creasing its endowment sevenfold through its tensive Web site chronicling his columns and ship, he has served as Post Scholarship capital campaign. exhibiting his extensive knowledge of Colo- Chairman; Post Commander; Commander, Kappner’s unrelenting work ethic can be rado politics, law, and history. Essex County Council; Department of New traced to her modest beginnings, raised a Over the years, Jerry has won numerous Jersey Adjutant; both Junior and Senior Vice poor kid in South Bronx, looking after her de- awards from the Colorado Press Association, Commander, and this past year he has served pendent mother. She went on to earn a de- most recently in 2006 in the Public Service as Commander of the Department. I am proud gree from Barnard College, a master’s degree writing category. All of his 600-some columns to represent a man who has spent his lifetime in social work from Hunter College, and a doc- were edited by his wife, Dolores. Both Jerry serving his country and community, a commit- torate in social welfare policy from Columbia and Dolores have received recognition from ment I am sure he will continue for years to University. the Denver Bar Association for 50 years of come. She leaves with a trail of notable achieve- practice. Their son, David, is an attorney and The job of a United States Congressman in- ments to her name and legacy, and she is author who is a columnist for the Rocky Moun- volves much that is rewarding, yet nothing well-poised, prepared, and positioned for her tain News. compares to learning about and recognizing next endeavor. Jerry is also an accomplished cocktail pian- individuals like Sidney H. Lichter. f ist, and has entertained at many local func- Madam Speaker, I ask that you join our col- tions. He has issued several fine CDs, which leagues, Sidney’s friends, the Department of RECOGNIZING THE CONTRIBU- are in my personal collection. New Jersey, Jewish War Veterans of the TIONS OF CAPTAIN EVELYN I have personally known Jerry and Dolores U.S.A., and me in recognizing Sidney H. DECKER for many years, eagerly accepting Jerry’s sage Lichter. advice on politics and I am an ardent reader f HON. CHARLES B. RANGEL of his weekly columns. Jerry and Dolores have OF NEW YORK APPLAUDING THE MARK THAT AU- had a distinctive lifetime at the forefront of IN THE HOUSE OF REPRESENTATIVES GUSTA SOUZA KAPPNER LEAVES Colorado politics, policy, and history and their Monday, June 23, 2008 commitment to public service and the better- ON BANK STREET COLLEGE AND ment of the their fellow Coloradans serves as EDUCATION Mr. RANGEL. Madam Speaker, I rise today a sterling example for younger generations to recognize and to pay tribute to one of and those entering public policy careers. HON. CHARLES B. RANGEL America’s heroes, Captain Evelyn Decker. I ask my colleagues to join me in wishing OF NEW YORK Captain Decker recently passed away on Fri- Mr. Kopel and his wife Dolores a wonderful IN THE HOUSE OF REPRESENTATIVES day, April 25, 2008, at the Northport Veterans Medical Center in Northport, New York. Cap- 56th Anniversary and Jerry a healthy and Monday, June 23, 2008 prosperous 80th birthday and pay tribute to tain Decker was one of the first African Amer- their longstanding service and dedication to Mr. RANGEL. Madam Speaker, I rise today ican nurses accepted to serve in the armed the City of Denver and the State of Colorado. because a visionary in the field of education forces’ Army Nurse Corps during the Korean f has left her post at a premier New York insti- War. She served with distinction for 13 years, tution after championing the cause there for in World War II and the Korean War, receiving TRIBUTE TO SIDNEY H. LICHTER over a decade. Augusta Souza Kappner, en- the following medals and citation: American dearingly nicknamed ‘‘Gussie,’’ has stepped Campaign Medal; National Defense Medal; HON. BILL PASCRELL, JR. down from the helm at Bank Street College of Korean Service Medal with 2 Bronze Service OF NEW JERSEY Education—a one-of-its-kind, independent Stars; United Nations Service Medal; World IN THE HOUSE OF REPRESENTATIVES graduate school, set beside its own K8 day War II Victory Medal; Army of Occupation school, that offers dynamic programs in pro- Medal with Japan and Germany clasp; Service Monday, June 23, 2008 fessional development and community service. Lapel Button WWII; and Republic of Korea Mr. PASCRELL. Madam Speaker, I would She came to Bank Street 13 years ago with Presidential Unit Citation. like to call to your attention the life of an out- unimpeachable, history-making credentials, Specifically, Captain Evelyn Decker be- standing individual, Sidney H. Lichter, upon having served as the first African-American longed to the 38th Parallel Medical Society of the completion of his term of office as Com- woman to preside over the City University of Korea, and served as a nurse in the 8055 mander, Department of New Jersey, Jewish New York, and afterwards, as the assistant MASH unit. Nurses were on the front lines fac- War Veterans of the U.S.A., on Saturday, secretary for vocational and adult education in ing danger day and night, and Captain Decker June 21, 2008. the Clinton Administration’s Department of was no exception, having been stationed on It is only fitting that he be honored in this, Education. the front lines for months longer than normal the permanent record of the greatest democ- Besides the obvious heft, intellect, and tours of duty called for. During this time, she racy ever known, for he has served countless insightfulness a woman of her caliber inargu- helped to save many lives and provided incal- others throughout his lifetime. ably brought to the position, those around her culable comfort to countless American sol- A native of Brooklyn, New York, Mr. Lichter cite a contagious sense of humor, an aura of diers. In addition, she did this as an African enlisted in the Air Force in 1966. He served accessibility, and a profound loyalty to the in- American woman serving in a segregated mili- two decades in the armed forces where he stitution as her defining assets. During her tary. I know from my Korean War service that was able to see much of the world and was tenure at the college, Kappner launched a se- nurses valiantly went into harm’s way in order awarded many honors. Mr. Lichter was sta- ries of innovative programs, ones dealing with to provide medical care for wounded American tioned all over the globe including: Head- teacher preparation, early childhood edu- soldiers. quarters, U.S. Air Force, the Pentagon; Ala- cation, leadership development, and dropout Aware that her war duty had compromised bama; Taiwan, and Germany. When he retired prevention and college preparation for adoles- her health, making it impossible for her to in 1986 as a Master Sergeant, he had been cents. She oversaw as the college developed serve to the standards she wished, Captain awarded such honors as the Meritorious Serv- a new center to advocate for high quality lit- Decker left the army. It was many years be- ice Medal, two Air Force Commendation Med- erature for all children, led efforts to fore she would receive a 100 percent service- als, the Vietnam Campaign Medal with four universalize pre-k for New York students, and connected disability rating for lung disease campaign stars, along with both the Vietnam built partnerships with hundreds of public caused by her tour of duty in Korea. Further- Service Medal and the Vietnam Presidential schools, creating in one instance a project that more, it would take a full 50 years after her Award. trained more than 400 principals and assistant leaving the service before Captain Decker, at Mr. Lichter decided in 1991 to continue his principals in the city. She was committed to the age of 92, would finally be presented with service to others, but this time remaining close the Bank Street mission, motivated by its push her captain’s bars and the several medals to to home. He brought his commitment and ex- to address every and any contemporary chal- which she was entitled.

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13408 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 June 23, 2008 During all this time, Captain Decker contin- This legislation ensures that consumers extending to VoIP providers, public safety offi- ued to participate in military-related activities, using Voice over Internet Protocol technology, cials, and end users the liability protections up to and including the current events sur- or VoIP, can make full use of the 911 system currently afforded to wireline and wireless rounding the commemoration of the Women in in two important ways. First, the legislation ex- services; and requiring a plan for the contin- Military Service for America Memorial. Though tends the same liability protections afforded to ued evolution of the emergency communica- frail and wheelchair-bound in recent years, wireline and wireless carriers, public safety, tions system—is a worthy victory for all con- Captain Decker felt it was important to stay in- and end users to VoIP service. This parity in sumers. I commend Representative GORDON volved and ensure that young people under- liability protections will encourage service pro- for his years of dedication to this important stood the contributions and sacrifices made by viders, public safety, and end users to con- issue and hail this success, from which all so many of all races and genders for our tinue to rely on the 911 emergency commu- Americans will reap benefits for years to country. nications system, regardless of the technology come. f used to make a 911 call. Second, the legisla- f tion ensures that VoIP providers can inter- CALALLEN HIGH SCHOOL connect with legacy telephone networks so TRIBUTE TO A GREAT COMPOSER, WILDCATS BASEBALL TEAM they can deliver calls and information to 911 IRVING BURGIE call centers. HON. SOLOMON P. ORTIZ Representative GORDON, the author of H.R. HON. CHARLES B. RANGEL OF TEXAS 3403, Representative MARKEY, Chairman of OF NEW YORK IN THE HOUSE OF REPRESENTATIVES the Subcommittee on Telecommunications IN THE HOUSE OF REPRESENTATIVES Monday, June 23, 2008 and the Internet, Representative BARTON, Monday, June 23, 2008 Ranking Member of the Committee, Rep- Mr. ORTIZ. Madam Speaker, I rise today to resentatives UPTON and STEARNS, the former Mr. RANGEL. Madam Speaker, I rise today congratulate the Calallen High School Wild- and current Ranking Members of the Sub- to recognize the amazing accomplishments of cats for winning the 2008 Texas State 4A committee, and I worked very closely with all one of America’s greatest composers, Irving Baseball Championship. stakeholders on this legislation, and it has Burgie; and to enter into the RECORD an ap- The Wildcats’ title marked their third of this widespread support among the public safety preciation by Tony Best from New York decade. Calallen culminated their impressive community, industry, and others. CaribNews for the week ending June 3, 2008, run with a win over the Waxahachie Indians As is clear from the language of the legisla- titled ‘‘Hailed Irving Burgie with Honorary Doc- 11–1, a margin so large that the game ended tion, the requirement for interconnection is for torate, Tribute to Composer of Some of the in the fifth inning due to a ten run mercy rule. purposes of 911 only and should not be used World’s Most Memorable Music.’’ Catcher Patrick Frasier was named MVP, after to bootstrap access for other reasons. Simi- Mr. Burgie is most known for his work with going two for three with four RBI and two larly, the legislation makes clear that those Harry Belafonte for whom he composed 34 runs. who control the legacy gateways to the emer- songs between 1955 and 1960. He composed This win, however, represents the efforts of gency communications system must provide 8 of the 11 songs on Belafonte’s Calypso the entire team, which was made up of Matt access, including rights of interconnection, to album, which was number 1 on the Billboard Garza, Derek Hagy, Aaron Alaniz, Logan those seeking to deliver 911 calls and informa- Charts for 32 weeks and remained on the Verrett, Jeramie Marek, Bryden McClure, Brett tion. Because all stakeholders agreed to the charts for nearly 2 years. ‘‘Calypso’’ was the Bell, Jake Huddleston, Kris Guerrero, Dustin legislative language, we fully expect that this first album of any kind to sell over a million Vaughan, Hunter Whetsel, Skyler Hoelscher, access will not be inhibited by either delay or copies, thus making Burgie and Belafonte one Patrick Frasier, Dustin Marrou, Travis Neslony, litigation. of the most successful singer-writer collabora- Will Reynolds, Tyler Denman, Roland H.R. 3403 also requires the development of tions in recorded music history. Resendez, Jordan John, Dillon Denman, Chad a national plan to ensure that the 911 system Growing up in the West Indian section of Vanaman, Parker Dorsey, Collin Simpson, continues to evolve. It is significant that the Brooklyn, Mr. Burgie became interested in Adam Hoelscher, Richard Montemayor, Nick plan will include the participation of first re- music of other cultures in his travels as a sol- Ginn, Rick Salazar, and Robert Zastryzny, as sponders, including the emergency commu- dier in World War II. He enrolled in the Julliard well as Head Coach Steve Chapman and As- nications professionals maintaining and using School of Music, developing a broad knowl- sistant Coaches Joe Luis Lopez and Rudy Sa- the system. It is also important that the plan edge of song literature. His songs not only linas. will address the needs of the disabilities com- changed the culture of music but changed the I extend my heartfelt congratulations to munity when they use emergency communica- way people taught their children about music. Coach Chapman and the team, as well as the tions. I look forward to reviewing the results of The article describes his music, as music ‘‘that parents, teachers, and student boosters who this work so we can begin to move to the next brings hope and puts smiles on faces of peo- worked so hard to propel their team to a his- generation of emergency communications. ple across the globe.’’ Mr. Burgie has left a toric season. I am disappointed that the Senate stripped lasting mark on music for many generations. I especially want to congratulate the seniors out one provision of the House-passed version In addition to his outstanding musical career on their graduation and best wishes on their of this legislation that protected proprietary achievements, Mr. Burgie has been very gen- future plans. customer information. This provision prohibited erous in his philanthropic efforts to improve Playing for a high school team is always a a carrier from using the customer information the lives of students interested in pursuing a rewarding experience—one that provides en- that other carriers are required to provide for career in music. Mr. Burgie has dedicated his during lessons in teamwork and responsibility. 911 databases for any purpose other than life to making the world a better place through These student athletes will carry the lessons emergency communications. I heard no ration- his artistic and charitable efforts and he is truly they learned, both on the diamond and in the al argument against the policy underlying this deserving of the honorary doctorate presented classroom, for the rest of their lives. provision. Nevertheless, in the interest of en- to him by St. John’s University. f suring that this legislation be enacted swiftly, [From the Caribnews, June 3, 2008] H.R. 3403, THE NEW AND EMERG- I will support the bill as passed by the Senate. IRVING BURGIE HAILED WITH HONORARY ING TECHNOLOGIES 911 IM- I intend, however, to take this matter up again DOCTORATE PROVEMENT ACT OF 2008 in the future. We owe it to consumers to en- (By Tony Best) sure that their emergency communications ‘‘Concrete examples of committed lives.’’ system does not become a playground for The Rev. John Kettleberger, St. John’s HON. JOHN D. DINGELL University’s Director of Residence Ministry OF MICHIGAN competitive shenanigans. H.R. 3403 is a forward-looking bill that en- was describing two outstanding public fig- IN THE HOUSE OF REPRESENTATIVES ures in the United States, Irving Burgie, sures that consumers using VoIP service are Monday, June 23, 2008 composer of some of the world’s most memo- able to access 911 as easily as consumers rable music and Sister Anthony Mr. DINGELL. Madam Speaker, I rise in using wireline or wireless services. Each of its Barczykowski, Executive Director of Com- support of H.R. 3403, the New and Emerging elements—giving VoIP providers access to the munity Service for the Catholic Church’s Technologies 911 Improvement Act of 2008. components they need to provide 911 service; Archdiocese of New Orleans.

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 0634 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 13409 Both the composer, an artiste with strong The emphasis on ‘‘hope’’ was at the core of for rollcall No. 423, I would have voted ‘‘aye’’. Brooklyn and Caribbean roots, and Sister the President’s commencement address. He Had I been present for rollcall No. 424, I Barczykowski, whose work in New Orleans pinpointed many of the serious challenges would have voted ‘‘aye’’. Had I been present after the Hurricane Katrina disaster the world was facing and they ranged from ‘‘brought hope’’ to the survivors of the floods the global economic downturn; starvation in for rollcall No. 425, I would have voted ‘‘aye’’. and gale force winds that left thousands Africa; and the global food crisis to the divi- Had I been present for rollcall No. 426, I homeless were hailed before an audience of sive presidential campaign in the United would have voted ‘‘aye’’. Had I been present at least 10,000 students, faculty, parents, rel- States; and the devastating wars in Iraq and for rollcall No. 427, I would have voted ‘‘nay’’. atives and friends of the 2008 graduating Afghanistan which have cost more than 4,000 Had I been present for rollcall No. 428, I class. Americans and trillions of dollars in U.S. would have voted ‘‘aye’’. Had I been present Each was presented with honorary doctor- and British taxpayer money. for rollcall No. 429, I would have voted ‘‘aye’’. ates of Humane Letters and they were But he wasn’t disheartened by the monu- Had I been present for rollcall No. 430, I praised for their ‘‘commitment to service’’ mental task at hand. to others and for the way they channeled Indeed, the President said he was ‘‘opti- would have voted ‘‘aye’’. Had I been present their energies and outstanding talents for mistic’’ because of the many, ‘‘wonderful for rollcall No. 431, I would have voted ‘‘nay’’. the good of humanity. people’’ who had worked hard to transform Had I been present for rollcall No. 432, I Actually, the Rev. Kettleberger spoke society, Burgie and Sister Anthony included, would have voted ‘‘aye’’. Had I been present about the two honorees as he delivered the and because of the young people, especially for rollcall No. 433, I would have voted ‘‘aye’’. invocation at the beginning of the 138th com- the members of the graduating class who Had I been present for rollcall No. 434, I mencement exercises at one of America’s were prepared to assume their roles in soci- would have voted ‘‘aye’’. Had I been present leading Catholic schools of higher learning. ety. for rollcall No. 435, I would have voted ‘‘aye’’. With almost 3,000 students graduating with Coleman, the Black student who spoke for Bachelor’s, Master’s and doctorates, the the entire class, emphasized the importance Had I been present for rollcall No. 436, I afternoon of pomp, ceremony and stirring of ‘‘giving back’’ and the need for individuals would have voted ‘‘aye’’. Had I been present commencement addresses by the Rev. Dr. and society to ‘‘re-fuel’’ when their tanks for rollcall No. 437, I would have voted ‘‘nay’’. Donald Harrington, St. John’s President, and were running low. Just as important was the f Whitney Coleman, a graduating senior of the need to put the ‘‘exemplary education’’ the College of Liberal Arts and Science, who students had received at St. John’s to REMARKS IN RECOGNITION OF spoke on behalf of all the students, was un- produce. It was, she asserted, a kind of TONI ANN SECREST derscored by the smiling faces and tears of ‘‘roadmap’’ that would guide them at the be- joy that flowed freely as proud parents and ginning of life’s journey and would help them some of the students themselves were af- along the way. At the end of the ceremonies, HON. JACKIE SPEIER fected by the emotions of the moment. ‘‘It Burgie who was born and grew up in Brook- OF CALIFORNIA was truly an emotional moment for me,’’ lyn but whose music has made him a world IN THE HOUSE OF REPRESENTATIVES Burgie said afterwards as he reflected on the citizen summed up the situation: ‘‘It was Monday, June 23, 2008 tears he shed on being lauded and presented simply wonderful. I thank St. John’s for the the doctorate from the University’s Presi- honor.’’ Ms. SPEIER. Madam Speaker, I rise in dent. ‘‘I was thinking of my wife who died re- f heartfelt gratitude to Assistant Principal Toni cently, about the pleasure she would have Ann Secrest who is retiring after 38 pas- enjoyed if she were present on this occa- PERSONAL EXPLANATION sionate years of service to the students, fac- sion,’’ he said. ulty and parents of Mercy High School in Bur- ‘‘But it was also emotional to have my lingame, California. sons, their wives and a granddaughter to HON. W. TODD AKIN share this honor with me,’’ OF MISSOURI Ms. Secrest arrived at Mercy in 1970, just Burgie, who had previously received an IN THE HOUSE OF REPRESENTATIVES two years after I graduated. While I had the honorary doctorate from the University of best teachers a student could ask for, Toni the West Indies, was described by Dr. Julia Monday, June 23, 2008 Ann Secrest is one more reason why I wish I Upton, Provost of St. John’s, as a ‘‘man who Mr. AKIN. Madam Speaker, on the after- was just a little younger. Her energetic ap- used his special gifts to lift the hearts’’ and noon of June 18, 2008, I erroneously voted to proach to teaching, her love of all things his- the ‘‘spirits’’ of tens of millions of people override the President’s veto on H.R. 6124, torical and her captivating and entertaining around the world. storytelling ability are legendary. As she explained it, Burgie, the son of a (roll call No. 417), the Food, Conservation and West Indian mother used his music to ‘‘bring Energy Act. I intended to vote ‘‘nay’’ and sus- Toni Ann’s students, it is said, never grad- hope’’ and put ‘‘smiles’’ on the faces of peo- tain the President’s veto. uate. She instills in them the love of critical ple across the globe, often at times of great f thinking and intellectual examination that in- challenges. Indeed, few artistes anywhere spires them to continue along the path of life- had enhanced the national and global land- PERSONAL EXPLANATION– long learning. This didn’t stop when she scapes with their music like Burgie, whose moved out of the classroom and into the coun- songs, among them ‘‘Day-O,’’ ‘‘Island in the HON. BOBBY L. RUSH selor’s chair. Seeing the mission of her new Sun,’’ ‘‘Mary’s Boy-Child,’’ and ‘‘Angelina,’’ job as much more than advising on college were made famous by Harry Belafonte, Dr. OF ILLINOIS Upton said. They sold more than 100 millions IN THE HOUSE OF REPRESENTATIVES and careers, Ms. Secrest offered real counsel. Students always left her office more inspired in the 50-plus years since they first came Monday, June 23, 2008 onto the musical scene in the 1950s. Most of and infinitely more hopeful than they went in. the songs on the Harry Belafonte album, Ca- Mr. RUSH. Madam Speaker, unfortunately I As Assistant Principal, Toni Ann Secrest lypso, propelled the collection to the top have been out on medical leave. I have been was without peer. She brought Mercy High spot on the Billboard Charts and enabled it unable to cast votes; however, I would like the School into the information age by revamping to become the first album in the history of record to reflect my intentions had I been the curriculum to replace typing classes with recorded music to sell a million copies. But present. Had I been present for rollcall No. computer science. She brought the faculty and he wasn’t simply recognized for his artistic triumphs. Burgie, who was recently inducted 414, I would have voted ‘‘aye’’. Had I been administration up-to-date also, even if it meant into the Song writers Hall of Fame in the present for rollcall No. 415, I would have voted dragging them against their will to learn and United States was heralded for the more ‘‘aye’’. Had I been present for rollcall No. 416, embrace new technologies. than $100,000 in scholarships he gave over 25 I would have voted ‘‘aye’’. Had I been present Toni Ann is adored by her former students. years to Bajan youth to encourage their for rollcall No. 417, I would have voted ‘‘aye’’. To a person, they remember her intellect, her writing skills and the musical scholarship Had I been present for rollcall No. 418, I kindness and her style. Toni Ann dresses like endowed by ASCAP to help American stu- would have voted ‘‘aye’’. Had I been present she lives. She sets an example. As one stu- dents pursue their musical careers. for rollcall No.419, I would have voted ‘‘aye’’. dent recalled, ‘‘Ms. Secrest always had it In essence, then, both Sister Anthony and Burgie had devoted their lives to the task of Had I been present for rollcall No. 420, I going on.’’ To this day, she is the best- making the world a better place and proof of would have voted ‘‘nay’’ Had I been present dressed person in any room. their success can be seen in the hope they for rollcall No. 421, I would have voted ‘‘aye’’. Madam Speaker, like you, Toni Ann Secrest had inspired in successive generations, St. Had I been present for rollcall No. 422, I is a pioneer. She was a member of the first John’s University stated. would have voted ‘‘aye’’. Had I been present co-ed graduating class of the University of

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13410 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 June 23, 2008 San Francisco, where she got her degree in Judge Hyman, but because Judge Hyman is which seeks to empower women in all aspects History. She also has a master’s in Coun- the first American to receive the United Na- of their lives. The program encourages women seling from USF and has earned her Sec- tions Public Service Award. The project he taking charge of their health and inspires ondary Teaching Credential for Life and a helped initiate—the Juvenile Delinquency Do- women to take on leadership roles in the so- Pupil Personnel Credential for Life. mestic Violence and Family Violence Court— rority and their communities. She has made it And what a life! Admired by all who work is being honored in the ‘‘Improving trans- a priority to grow the sorority’s National Edu- with her (especially me), appreciated by the parency, accountability and responsiveness in cation Foundation by one million dollars, and thousands she has mentored, loved by her the public service’’ category. has formed the Zeta Congressional Institute, large extended family and appreciated by her Judge Eugene Hyman’s extensive involve- which will encourage women to seek public of- community. ment in the local community shows that he is fice and provide internships for young women f truly deserving of this honor. As a former po- in the Washington, DC area at the Washington lice officer and trial lawyer, Judge Hyman was Institute. Under Mrs. Moore’s leadership, the HONORING DR. MARLIN B. CREASY appointed to the Santa Clara County Municipal Zeta’s completed a two million dollar renova- UPON HIS RETIREMENT FROM Court in 1990 and the Superior Court for tion to the national headquarters in Wash- MUNCIE COMMUNITY SCHOOLS Santa Clara County in 1997. In 1999, Judge ington creating state-of-the-art facilities. Hyman created the Santa Clara County Juve- Mrs. Moore’s success in the Zeta’s lead HON. MIKE PENCE nile Delinquency Domestic Violence and Fam- ship stems from her previous work in various capacities in the sorority. She has served as OF INDIANA ily Violence Court. Chair of the National Executive Board, First IN THE HOUSE OF REPRESENTATIVES Judge Hyman’s Juvenile Violence Court was the very first of its kind in the United States. Anti-Basileus, Chair of the National Member- Monday, June 23, 2008 ship Committee and as the FIPSC Project Di- With Judge Hyman’s dedication and innova- rector, where she managed the first federally Mr. PENCE. Madam Speaker, I rise today to tion, the Juvenile Violence Court has had a funded grant awarded to the sorority. Prior to pay tribute to the long and distinguished ca- dramatic impact on reducing the number of becoming Grand Basileus, she was Chair of reer of Dr. Marlin B. Creasy. violent young offenders being re-arrested for Dr. Creasy has served as the super- the National Capital Campaign that raised violent crimes. This unique system is one that money for the headquarters renovations. She intendent of Muncie Community Schools since can be easily implemented across the country 1997, but he will long be remembered for a has also served as Boule Chief of Protocol, because all that is required is knowledge of Chair of the Southeastern Regional Board, commitment to public education that goes the program and a commitment to follow- Southeastern Regional Conference Marshal, back some 40 years. Ever a champion of the through. South Carolina State Director, and Basileus of Muncie schools and community, Dr. Creasy I am proud to have this wonderful program the Kappa Eta Zeta Chapter. was loved by students, parents, faculty, and and person in my community. I offer my con- In addition to her duties as Grand Basileus staff alike. gratulations to Judge Hyman and the Santa of Zeta Phi Beta, Mrs. Moore serves as Vice Dr. Creasy spent countless evenings and Clara County Superior Court for this pres- President for Institutional Advancement at weekends throughout his career attending tigious award. Benedict College in Columbia, South Carolina. school activities. It was this personal inter- f She is also very active in the community as a action and involvement that impacted students member of Project Blueprint, The Columbia TRIBUTE TO BARBARA CROCKETT most and this was clearly Dr. Creasy’s first Forum, Ebony Keys, the Ridgewood Ladies MOORE love. Golf Club and Top Ladies of Distinction, Inc. Next year, as students fill the halls of Mun- She is a former board member of the Mid- cie Community Schools, Dr. Creasy will be HON. JAMES E. CLYBURN lands YWCA, Richland County March of sorely missed, but his legacy will live on. The OF SOUTH CAROLINA Dimes Foundation, and the Three Rivers lives of the students that Dr. Creasy touched IN THE HOUSE OF REPRESENTATIVES Health Care Agency. will lead them to experiences that will change She is the recipient of numerous awards in- Monday, June 23, 2008 the face of Muncie for years to come. cluding being named one of Ebony maga- I’d like to thank Dr. Marlin B. Creasy for Mr. CLYBURN. Madam Speaker, I rise zine’s top five organizational leaders in the being a leader in the community and in the today to pay tribute to a constituent and an country. She has been inducted into the lives of the children for whom he opened the extremely talented woman committed to com- United Black Fund of the Midlands’ South doors to a better education. munity service at all levels. This month Bar- Carolina Black Hall of Fame and recognized f bara Crockett Moore will complete her tenure by the African American Cultural Complex in as International Grand Basileus of the Zeta Raleigh, NC as a ‘‘Woman of Note’’ for her ex- HONORING JUDGE EUGENE HYMAN Phi Beta Sorority. She has served in this ca- emplary leadership. pacity since 2002, and has proven to be an Mrs. Moore and her husband, Norman, have HON. ZOE LOFGREN extraordinary and effective leader. one adult daughter, Walletta. OF CALIFORNIA As the Zeta’s International Grand Basileus, Madam Speaker, I ask you and my col- leagues to join me in congratulating Barbara IN THE HOUSE OF REPRESENTATIVES Mrs. Moore leads a sorority made up of 100,000 minority and African-American women Crockett Moore for her outstanding service to Monday, June 23, 2008 in America and abroad. She has led the Zetas Zeta Phi Beta Sorority and our country. She Ms. ZOE LOFGREN of California. Madam in national community outreach services, pub- has selflessly given her time and talents to Speaker, I rise today to recognize the Honor- lic policy, governmental affairs, and oversees lead a wonderful organization that is really able Judge Eugene Hyman and the California overall administrative function, including its fis- making a difference in America and overseas. State Superior Court for Santa Clara County cal management. She has focused her leader- I commend her dedication to service, and look for receiving the 2008 United Nations Public ship on enhancing the Zeta’s commitment to forward to seeing her at work in other leader- Service Award today in New York City. community service and all humanity. Her ship roles. Established in 2003, the United Nations crowning achievement is the implementation f Public Service Award is regarded as the most of the international initiative known as Z– ON THE 36TH ANNIVERSARY OF prestigious international recognition of excel- HOPE: Zetas Helping Other People to Excel. TITLE IX lence in public service. In an annual competi- The program has had positive impacts on tion, the United Nations presents their U.N. more than a million people in America and Public Service Awards, rewarding creative abroad. Z–HOPE has commissioned more HON. ROBERT C. ‘‘BOBBY’’ SCOTT OF VIRGINIA achievements and contributions of public serv- than 44 water wells in Ghana, and West Africa IN THE HOUSE OF REPRESENTATIVES ice institutions that lead to more effective and and has begun construction on a health center responsive public administrations in countries at the Afua Kobi Ampen Girls School in Monday, June 23, 2008 worldwide. Ghana. Mr. SCOTT of Virginia. Madam Speaker, I This year’s ceremony is particularly special, Mrs. Moore is also responsible for launching rise today to commemorate the 36th anniver- not only for the innovative achievements of the Zeta’s new program initiative called ZOL, sary of Title IX of the Education Amendments

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 13411 of 1972. Title IX was the culmination of the A TRIBUTE TO LIEUTENANT Nation along with their soldier. Lieutenant hard work of many women and men who COLONEL CRAIG GREENE Colonel Greene’s dedication to duty upholds fought for women’s rights to equal opportuni- the highest traditions of military service. He ties within the American education system. HON. JOHN M. McHUGH has repeatedly stood for the defense of our Today, we remember their efforts and we cel- OF NEW YORK Nation and her citizens and their freedom. De- ebrate their achievements. IN THE HOUSE OF REPRESENTATIVES voted to the defense of liberty, he epitomizes Title IX was the first comprehensive federal Monday, June 23, 2008 what it means to be a soldier and a patriot. law to prohibit sex discrimination against stu- Mr. MCHUGH. Madam Speaker, I rise today Madam Speaker, on behalf of Congress and dents and employees of educational institu- to pay tribute to an exceptional officer in the the United States of America, I thank Lieuten- United States Army, Lieutenant Colonel Craig tions. Title IX has benefited both males and ant Colonel Craig Greene, his wife, Lieutenant females, and is at the heart of efforts to create Greene, upon his retirement after 20 years of distinguished service. Lieutenant Colonel Colonel Michelle Greene and their sons, Jack- gender equitable schools with equal opportuni- Greene will retire on September 1, 2008 after son and Austen, for the commitment, sac- ties and treatment for women. The law re- having last served as Deputy Chief, Army rifices, and contributions that they have made quires educational institutions to maintain poli- Senate Liaison Division, Office of the Chief of throughout his honorable military career. Con- cies, practices and programs that do not dis- Legislative Liaison. gratulations on completing an exceptional and criminate against anyone based on sex. Under I had the privilege to work with Lieutenant successful career. this law, males and females must receive fair Colonel Greene during my tenure as the and equal treatment in all areas of higher edu- Chairman of the House Armed Services Com- f cation, such as admissions, educational pro- mittee’s Military Personnel Subcommittee. At grams and athletics. that time, he served as the Legislative Liaison CONGRATULATING GARFIELD ON Officer for the Army, responsible for directing The benefits of Title IX are compelling and THE OCCASION OF HIS 30TH the Army’s Personnel Policy and the Oper- BIRTHDAY throughout these 36 years we have seen ations and Readiness Portfolios. Lieutenant women seize the opportunity to thrive within Colonel Greene provided Members and staff the education system in all areas. High school with forthright assessments important to en- HON. MIKE PENCE sports participation for females has risen suring a full understanding of the challenges 903% since the early 70s. In 1970, women facing America’s Army. His candor, integrity, OF INDIANA earned only 14% of doctoral degrees, but and insights were always valued. Recognizing IN THE HOUSE OF REPRESENTATIVES today earn nearly 50%. Over these 36 years, Lieutenant Colonel Greene’s proven skills as a women have entered and thrived in male- liaison officer and leader, the Army selected Monday, June 23, 2008 dominated fields such as business and him to serve as Deputy Chief of the Senate Li- aison Division where he continued his impor- Mr. PENCE. Madam Speaker, I rise today to science. I’d like to recognize the 92 current fe- honor the 30th birthday of arguably America’s male Members of this Congress who have tant work. During his 5 years of service as an Army favorite feline friend, Garfield. From a humble also entered and thrived in another male- Congressional Liaison, Lieutenant Colonel beginning in Muncie, Indiana on June 19, dominated field. Many of my distinguished col- Greene flawlessly escorted over 50 Congres- 1978, Garfield and his creator, Jim Davis, leagues have been beneficiaries of Title IX. sional delegations worldwide, 12 of which have combined to bring laughter and cheer to They have rightfully been given an opportunity were delegations to Iraq and Afghanistan, in the lives of millions of Americans over the past to be free from sex discrimination and they are support of Operation Iraqi Freedom and Oper- three decades. continuing to pave the way for women coming ation Enduring Freedom, respectively. Mem- after them. bers of Congress knew they could count on It would have been easy for the bright spot- light of fame to have drawn our good friend Throughout our recent history, America has Lieutenant Colonel Greene for his sage coun- sel, professional advice and unwavering integ- Garfield away from his humble Indiana roots. seen the growing momentum to achieve the rity. Yet as the Muncie Star Press writes in a June equality enshrined in our Constitution. The Lieutenant Colonel Greene’s Senate assign- Civil Rights Act of 1964 was the first giant 19 editorial, ‘‘Garfield is a hometown cat at ment was the capstone to an outstanding ca- heart.’’ Remaining true to his roots, Muncie’s step, which prohibited discrimination on the reer of service to our Nation. Upon graduating favorite fat cat appears in the Guinness Book basis of race, color, sex and national origin. from the University of Massachusetts, Lieuten- Then during the decade after the passage of ant Colonel Greene served as an Infantry Offi- of World Records as the world’s most widely the Civil Rights Act, Congress passed a series cer in command and staff positions in a num- syndicated comic strip character, appearing in of laws extending civil rights protections in fed- ber of infantry units. Prior to Lieutenant Colo- around 2,580 publications each day. erally assisted programs. There was Title IX, nel Greene’s assignment to the Office of Chief Madam Speaker, as we struggle with an- then Section 504 of the Rehabilitation Act of of Legislative Liaison, he was assigned to the other Monday and find ourselves longing for a 1973 which protected those with disabilities, 25th Infantry Division (Light), Schofield Bar- lasagna dinner, Americans have turned for racks Hawaii from 2001 to 2003. A soldier’s then the Age Discrimination Act of 1975 which thirty years to their friends Garfield, Jon, and soldier, his awards include the Defense Meri- prohibited age discrimination, and then the In- torious Medal, four Meritorious Service Med- Odie. Born at five pounds and six ounces, dividuals with Disabilities Education Act to pro- als, five Army Accommodation Medals, two Garfield ate so much pasta that he threatened vide education and intervention programs to Army Achievement Medals, the Expert Infantry to put an Italian restaurant out of business, youth with disabilities. Badge, the Ranger Tab, and Parachutist and and was rescued to the relief of millions of In the last 44 years we have made great Air Assault Badge respectively. Americans who have been touched through progress towards achieving equality and ex- Not only is Lieutenant Colonel Greene an his inspiring blend of cynicism, complacency, traordinary legislation such as Title IX has exemplary soldier, he is both husband and fa- and mediocrity. ther. He is married to the former Michelle made this possible. However, despite all this As Americans have gone from typewriters to progress, equal rights and opportunities for all Snow of Belchertown, MA, also a Lieutenant Colonel in the United States Army. They have BlackBerry and hatchbacks to SUVs, Garfield have not yet been realized. We continue on two children, Jackson—14 and Austen—10. In has remained a symbol of stability in an ever- the journey to obtain equal opportunities for all addition to his many responsibilities, Lieuten- changing world. Despite the turbulence of the Americans, and we acknowledge that there is ant Colonel Greene finds time to volunteer in past 30 years, Americans can still open their much more to be done for women and for his community, serving as a coach and as a local newspaper to be greeted by the smiling other historically marginalized groups. But on participant in career days at his children’s face of Garfield. Nine lives or not, Madam the 36th anniversary of Title IX, we celebrate schools. Speaker, Muncie’s favorite cat continues to our achievements as they give us strength to The demands of military life are such that live beyond all expectations. continue on the path towards equality. military families also sacrifice and serve the

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13412 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 June 23, 2008 IN RECOGNITION OF THE PAN- From 1983 to 1993, the Bishop of said, ‘‘The care of human life and its happi- MACEDONIAN STUDIES CENTER Vresthena was the Distinguished Professor of ness and not its destruction is the chief and ON THE OCCASION OF ITS SEC- Biblical Studies and Christian Origins at Holy only object of good government.’’ The phrase OND ANNUAL TESTIMONIAL DIN- Cross Greek Orthodox School of Theology in in the 14th amendment capsulizes our entire NER Brookline, MA. Serving as a faculty member Constitution. It says, ‘‘No State shall deprive for more than a decade, he taught many of any person of life, liberty or property without HON. CAROLYN B. MALONEY America’s Greek Orthodox clergy. He also due process of law.’’ Madam Speaker, pro- OF NEW YORK taught at Harvard Divinity School as a Visiting tecting the lives of our innocent citizens and IN THE HOUSE OF REPRESENTATIVES Professor of New Testament during the aca- their constitutional rights is why we are all demic years of 1984 to 1985 and from 1988 here. Monday, June 23, 2008 to 1989. After several years in the United The bedrock foundation of this Republic is Mrs. MALONEY of New York. Madam States, he returned to Greece in 1993 to pur- the clarion declaration of the self-evident truth Speaker, I rise to pay tribute to the Pan-Mac- sue full-time scholarly writing and research. At that all human beings are created equal and edonian Studies Center on the occasion of its the same time, he resumed his responsibilities endowed by their Creator with the unalienable Second Annual Testimonial Dinner. This year at the Archdiocese of Athens. rights of life, liberty and the pursuit of happi- the Center will be honoring His Eminence Elected Archbishop of America in 1999 by ness. Every conflict and battle our Nation has Archbishop Demetrios, Primate of the Greek the Holy and Sacred Synod of the Ecumenical ever faced can be traced to our commitment Orthodox Church in America, with the Patriarchate, Archbishop Demetrios was en- to this core, self-evident truth. Philippion Award. throned on September 18, 1999 at the Arch- It has made us the beacon of hope for the The Pan-Macedonian Studies Center was diocesan Cathedral of the Holy Trinity in New entire world. Madam Speaker, it is who we established in 1995 by Elias L. Neofytides, York City. As Archbishop of America, he leads are. Fotis Gerasopoulos and Paul Evangelou to a church of more than one and a half million And yet today another day has passed, and help forge links between generations and be- Greek Orthodox Christians in the United we in this body have failed again to honor that tween persons of Hellenic descent living in the States. He has done so with distinction, and in foundational commitment. We have failed our U.S. and Greece. The Center thus helped so doing has made enormous contributions to sworn oath and our God-given responsibility ease the transition for adults adapting to a our Nation and our world. as we broke faith with nearly 4,000 more inno- new life in America and increase under- I ask that my colleagues join me in saluting cent American babies who died today without standing between generations. the Pan-Macedonian Studies Center and its the protection we should have given them. The Pan-Macedonian Studies Center has distinguished honoree, His Eminence Arch- And it seems so sad to me, Madam Speaker, showcased the best of American and Hellenic bishop Demetrios. that this Sunset Memorial may be the only ac- cultures. It sponsors programs for young and f knowledgement or remembrance these chil- old, including offerings in sports, fitness, arts dren who died today will ever have in this and crafts, and dancing; educational initiatives SUNSET MEMORIAL Chamber. such as a lending library and tutoring; and So as a small gesture, I would ask those in services including lessons on health edu- HON. TRENT FRANKS the Chamber who are inclined to join me for cation, accounting, civics, and computer lit- OF ARIZONA a moment of silent memorial to these lost little eracy. The Center also helps produce Mac- IN THE HOUSE OF REPRESENTATIVES Americans. edonian TV programming airing on Queens Monday, June 23, 2008 public television, and publishes and dissemi- So Madam Speaker, let me conclude this nates books on Macedonian culture to schools Mr. FRANKS of Arizona. Madam Speaker, I Sunset Memorial in the hope that perhaps and libraries in the United States at no cost. stand once again before this House with yet someone new who heard it tonight will finally The Center is open to all, regardless of ethnic another Sunset Memorial. embrace the truth that abortion really does kill origin, and all its services and programs are It is June 23, 2008, in the land of the free little babies; that it hurts mothers in ways that free of charge. and the home of the brave, and before the we can never express; and that 12,936 days This year, the Pan-Macedonian Studies sun set today in America, almost 4,000 more spent killing nearly 50 million unborn children Center has selected His Eminence Archbishop defenseless unborn children were killed by in America is enough; and that it is time that Demetrios to receive the Philippion Award for abortion on demand. That’s just today, Madam we stood up together again, and remembered his contributions to the Hellenic-American Speaker. That’s more than the number of in- that we are the same America that rejected community. His Eminence Archbishop nocent lives lost on September 11 in this human slavery and marched into Europe to ar- Demetrios is a distinguished Macedonian who country, only it happens every day. rest the Nazi Holocaust; and we are still cou- always brings ‘‘peace and serenity’’ into the It has now been exactly 12,936 days since rageous and compassionate enough to find a hearts of the faithful adherents of his faith. the tragedy called Roe v. Wade was first better way for mothers and their unborn ba- He was born Demetrios Trakatellis in handed down. Since then, the very foundation bies than abortion on demand. Thessaloniki, Greece on February 1, 1928. In of this Nation has been stained by the blood Madam Speaker, as we consider the plight 1950 he graduated with distinction from the of almost 50 million of its own children. Some of unborn America tonight, may we each re- University of Athens School of Theology. In of them, Madam Speaker, cried and screamed mind ourselves that our own days in this sun- 1960 he was ordained a deacon, and in 1964 as they died, but because it was amniotic fluid shine of life are also numbered and that all too he became a priest. He was elected Bishop of passing over the vocal cords instead of air, we soon each one of us will walk from these Vresthena in 1967, and served as an auxiliary couldn’t hear them. Chambers for the very last time. bishop to the Archbishop of Athens with the All of them had at least four things in com- And if it should be that this Congress is al- primary responsibility for the theological edu- mon. First, they were each just little babies lowed to convene on yet another day to come, cation of the clergy. From 1965 to 1971, on who had done nothing wrong to anyone, and may that be the day when we finally hear the scholarship from the Harvard University Grad- each one of them died a nameless and lonely cries of innocent unborn children. May that be uate School of Arts and Sciences, he studied death. And each one of their mothers, whether the day when we find the humanity, the cour- New Testament and Christianity’s origins and she realizes it or not, will never be quite the age, and the will to embrace together our earned a Ph.D. ‘‘with distinction’’ in 1972. same. And all the gifts that these children human and our constitutional duty to protect As Bishop of Vresthena, he then returned to might have brought to humanity are now lost these, the least of our tiny, little American his ecclesiastical position in the Archdiocese forever. Yet even in the glare of such tragedy, brothers and sisters from this murderous, of Athens and in the ensuing years he held this generation still clings to a blind, invincible scourge upon our Nation called abortion on the responsibilities of the theological education ignorance while history repeats itself and our demand. of the clergy, youth ministries, and other du- own silent genocide mercilessly annihilates the It is June 23, 2008, 12,936 days since Roe ties related to theological conferences in most helpless of all victims, those yet unborn. versus Wade first stained the foundation of Greece and abroad. In 1977, he earned a Madam Speaker, perhaps it’s time for those this Nation with the blood of its own children; Th.D. in Theology from the University of Ath- of us in this Chamber to remind ourselves of this in the land of the free and the home of the ens. why we are really all here. Thomas Jefferson brave.

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD June 23, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 13413 SENATE COMMITTEE MEETINGS the District of Columbia, S. 3175, to 2:30 p.m. amend the Robert T. Stafford Disaster Armed Services Title IV of Senate Resolution 4, Relief and Emergency Assistance Act To hold closed hearings to examine the agreed to by the Senate on February 4, to reauthorize the predisaster hazard current situation in Afghanistan. 1977, calls for establishment of a sys- mitigation program, to make technical SR–222 tem for a computerized schedule of all corrections to that Act, S. 2382, to re- Banking, Housing, and Urban Affairs meetings and hearings of Senate com- quire the Administrator of the Federal Business meeting to consider the nomi- mittees, subcommittees, joint commit- Emergency Management Agency to nations of Neel T. Kashkari, of Cali- tees, and committees of conference. quickly and fairly address the abun- fornia, to be an Assistant Secretary of This title requires all such committees dance of surplus manufactured housing the Treasury, Christopher R. Wall, of to notify the Office of the Senate Daily units stored by the Federal Govern- Virginia, to be an Assistant Secretary Digest—designated by the Rules Com- ment around the country at taxpayer of Commerce, Sheila McNamara Green- mittee—of the time, place, and purpose expense, S. 2148, to provide for greater wood, of Louisiana, to be an Assistant of the meetings, when scheduled, and diversity within, and to improve policy Secretary of Housing and Urban Devel- direction and oversight of, the Senior opment, Susan D. Peppler, of Cali- any cancellations or changes in the Executive Service, S. 2816, to provide meetings as they occur. fornia, to be an Assistant Secretary of for the appointment of the Chief Housing and Urban Development, Jo- As an additional procedure along Human Capital Officer of the Depart- seph J. Murin, of Pennsylvania, to be with the computerization of this infor- ment of Homeland Security by the Sec- President, Government National Mort- mation, the Office of the Senate Daily retary of Homeland Security, S. 3015, gage Association, Luis Aguilar, of Digest will prepare this information for to designate the facility of the United Georgia, Troy A. Paredes, of Missouri, printing in the Extensions of Remarks States Postal Service located at 18 S. G and Elisse Walter, of Maryland, all to section of the CONGRESSIONAL RECORD Street, Lakeview, Oregon, as the ‘‘Dr. be Members of the Securities and Ex- on Monday and Wednesday of each Bernard Daly Post Office Building’’, change Commission, Donald B. Marron, week. H.R. 5395 and S. 2622, bills to designate of Maryland, to be a Member of the Meetings scheduled for Tuesday, the facility of the United States Postal Council of Economic Advisers, and Mi- June 24, 2008 may be found in the Daily Service located at 11001 Dunklin Drive chael E. Fryzel, of Illinois, to be a in St. Louis, Missouri, as the ‘‘William Digest of today’s RECORD. Member of the National Credit Union ’Bill’’ Clay Post Office Building’, H.R. Administration Board. MEETINGS SCHEDULED 5479, to designate the facility of the SD–538 United States Postal Service located at JUNE 25 117 North Kidd Street in Ionia, Michi- JUNE 26 9 a.m. gan, as the ‘‘Alonzo Woodruff Post Of- 9:30 a.m. Judiciary fice Building’’, H.R. 4185, to designate Constitution Subcommittee the facility of the United States Postal Armed Services To hold hearings to examine laptop Service located at 11151 Valley Boule- To hold hearings to examine the nomina- searches and other violations of pri- vard in El Monte, California, as the tions of Nelson M. Ford, of Virginia, to vacy faced by Americans returning ‘‘Marisol Heredia Post Office Build- be Under Secretary of the Army, Jo- from overseas travel. ing’’, H.R. 5528, to designate the facil- seph A. Benkert, of Virginia, to be an SD–226 ity of the United States Postal Service Assistant Secretary, Sean Joseph 9:30 a.m. located at 120 Commercial Street in Stackley, of Virginia, to be an Assist- Energy and Natural Resources Brockton, Massachusetts, as the ant Secretary of the Navy, and Fred- To hold hearings to examine the in- ‘‘Rocky Marciano Post Office Build- erick S. Celec, of Virginia, to be Assist- creased global energy demand, focusing ant to the Secretary for Nuclear and on the challenges for meeting future ing’’, H.R. 3721, to designate the facil- ity of the United States Postal Service Chemical and Biological Defense Pro- energy needs, while developing new grams, all of the Department of De- technologies to address the current and located at 1190 Lorena Road in Lorena, fense. future global climate change. Texas, as the ‘‘Marine Gunnery Sgt. SD–106 SD–366 John D. Fry Post Office Building’’, Veterans’ Affairs Foreign Relations H.R. 5517, to designate the facility of To hold hearings to examine a new strat- the United States Postal Service lo- Business meeting to markup S. 2969, to egy for an enhanced partnership with cated at 7231 FM 1960 in Humble, Texas, amend title 38, United States Code, to Pakistan. as the ‘‘Texas Military Veterans Post enhance the capacity of the Depart- SD–419 Office’’, H.R. 5168, to designate the fa- ment of Veterans Affairs to recruit and Joint Economic Committee cility of the United States Postal Serv- retain nurses and other critical health- To hold hearings to examine the United ice located at 19101 Cortez Boulevard in care professionals, S. 2309, to amend States economy, focusing on the sky- Brooksville, Florida, as the ‘‘Cody title 38, United States Code, to clarify rocketing oil prices. Grater Post Office Building’’, S. 3082, the service treatable as service en- SD–106 to designate the facility of the United gaged in combat with the enemy for 10 a.m. States Postal Service located at 1700 utilization of non-official evidence for Environment and Public Works Cleveland Avenue in Kansas City, Mis- proof of service-connection in a com- To hold hearings to examine the future souri, as the ‘‘Reverend Earl Abel Post bat-related disease or injury, S. 22, to federal role for surface transportation. Office Building’’, and the nomination amend title 38, United States Code, to SD–406 of Elaine C. Duke, of Virginia, to be establish a program of educational as- Homeland Security and Governmental Af- Under Secretary for Management, De- sistance for members of the Armed fairs partment of Homeland Security. Forces who serve in the Armed Forces Business meeting to consider S. 2583, to SD–342 after September 11, 2001, S. 2617, to in- amend the Improper Payments Infor- Small Business and Entrepreneurship crease, effective as of December 1, 2008, mation Act of 2002 (31 U.S.C. 3321 note) To hold hearings to examine solutions to the rates of compensation for veterans in order to prevent the loss of billions cope with the rise in home heating oil with service-connected disabilities and in taxpayer dollars, S. 1924, to amend chapter 81 of title 5, United States prices. the rates of dependency and indemnity Code, to create a presumption that a SR–428A compensation for the survivors of cer- disability or death of a Federal em- 11 a.m. tain disabled veterans, and an original ployee in fire protection activities Appropriations bill to provide technical corrections to caused by any of certain diseases is the Energy and Water Development Sub- S. 22, the Post 9/11 Veterans Edu- result of the performance of such em- committee cational Assistance Act of 2007; to be ployee’s duty, H.R. 5683, to make cer- Business meeting to markup proposed immediately followed by a hearing to tain reforms with respect to the Gov- budget estimates for fiscal year 2009 for examine the nomination of Christine O. ernment Accountability Office, S. 3013, the Energy Information Administra- Hill, to be Assistant Secretary of Vet- to provide for retirement equity for tion, focusing on forecasts for oil and erans Affairs for Congressional Affairs. Federal employees in nonforeign areas gasoline prices. SR–418 outside the 48 contiguous States and SD–192

VerDate Mar 15 2010 08:16 Feb 02, 2011 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR08\E23JN8.000 E23JN8 erowe on DSK5CLS3C1PROD with BOUND RECORD 13414 EXTENSIONS OF REMARKS, Vol. 154, Pt. 10 June 23, 2008 10 a.m. of Information Act) to provide that 93–247), focusing on protecting children Commerce, Science, and Transportation statutory exemptions to the disclosure and strengthening families. Aviation Operations, Safety, and Security requirements of that Act shall specifi- SD–430 Subcommittee cally cite to the provision of that Act Homeland Security and Governmental Af- To hold hearings to examine the outlook authorizing such exemptions, to ensure fairs for summer air travel, focusing on ad- an open and deliberative process in Federal Financial Management, Govern- dressing congestion and delay. Congress by providing for related legis- ment Information, Federal Services, SR–253 lative proposals to explicitly state such and International Security Sub- Finance required citations, S. 3061, to authorize committee To hold hearings to examine the founda- appropriations for fiscal years 2008 To hold hearings to examine addressing tion of international tax reform, focus- through 2011 for the Trafficking Vic- the nation’s financial challenges. ing on worldwide, territorial, and other tims Protection Act of 2000, to enhance SD–342 related issues. measures to combat trafficking in per- SD–215 sons, S. Res. 594, designating Sep- JULY 9 Homeland Security and Governmental Af- tember 2008 as ‘‘Tay-Sachs Awareness fairs Month’’, and the nominations of Paul 2:30 p.m. To hold hearings to examine nuclear ter- G. Gardephe, to be United States Dis- Energy and Natural Resources rorism, focusing on the federal re- trict Judge for the Southern District of Public Lands and Forests Subcommittee sponse for providing medical care and New York, Kiyo A. Matsumoto, to be To hold hearings to examine S. 2443 and meeting basic needs in the aftermath United States District Judge for the H.R. 2246, bills to provide for the re- of an attack. Eastern District of New York, Cathy lease of any revisionary interest of the SD–342 Seibel, to be United States District United States in and to certain lands Indian Affairs Judge for the Southern District of New in Reno, Nevada, S. 2779, to amend the To hold an oversight hearing to examine York, Glenn T. Suddaby, to be United Surface Mining Control and Reclama- access to contract health services in States District Judge for the Northern tion Act of 1977 to clarify that Indian country. District of New York, Kelly Harrison uncertified States and Indian tribes SD–562 Rankin, to be United States Attorney have the authority to use certain pay- Judiciary for the District of Wyoming, and Clyde ments for certain noncoal reclamation Business meeting to consider S. 2979, to R. Cook, Jr., to be United States Mar- projects, S. 2875, to authorize the Sec- exempt the African National Congress shal for the Eastern District of North retary of the Interior to provide grants from treatment as a terrorist organiza- Carolina. to designated States and tribes to tion, H.R. 5690, to remove the African SD–226 carry out programs to reduce the risk National Congress from treatment as a 2 p.m. of livestock loss due to predation by terrorist organization for certain acts Appropriations gray wolves and other predator species or events, provide relief for certain Business meeting to markup proposed or to compensate landowners for live- members of the African National Con- budget estimates for fiscal year 2009 for stock loss due to predation, S. 2898 and gress regarding admissibility, S. 2892, Labor, Health and Human Services, to promote the prosecution and en- Education, and related agencies. H.R. 816, bills to provide for the release forcement of frauds against the United SD–106 of certain land from the Sunrise Moun- States by suspending the statute of Judiciary tain Instant Study Area in the State of limitations during times when Con- Crime and Drugs Subcommittee Nevada, S. 3088, to designate certain gress has authorized the use of mili- To hold hearings to examine effective land in the State of Oregon as wilder- tary force, S. 1211, to amend the Con- ways to catch fugitives in the 21st cen- ness, S. 3089, to designate certain land trolled Substances Act to provide en- tury. in the State of Oregon as wilderness, to hanced penalties for marketing con- SD–226 provide for the exchange of certain trolled substances to minors, S. 3155, to 2:30 p.m. Federal land and non-Federal land, and reauthorize and improve the Juvenile Health, Education, Labor, and Pensions S. 3157, to provide for the exchange and Justice and Delinquency Prevention Children and Families Subcommittee conveyance of certain National Forest Act of 1974, S. 2746, to amend section To hold hearings to examine reauthoriza- System land and other land in south- 552(b)(3) of title 5, United States Code tion of the Child Abuse Prevention and east Arizona. (commonly referred to as the Freedom Treatment Act (CAPTA)(Public Law SD–366

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